Loading...
HomeMy WebLinkAbout1997 02-04MERIDIAN CfTY COUNCIL AGENDA TUESDAY, FEBRUARY 4, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 21, 1997: (APPROVED) 1. TABLED JANUARY 21, 1997: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS NO. 3 SUBDIVISION: (CONTINUE DISCUSSION BETWEEN ENGINEERS) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FAR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE I~O.7 BY STEINER DEVELOPMENT: (CITY ATTORNEY TO PREPARE AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAWj 3. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT; TABLED JANUARY 21, 1997: (TABLED UNTIL FEBRUARY 18, 1997) 4. FINAL PLAT: WHITESTONE ESTATES SUBDIVISION NO.2, 37 LOTS NORTH OF WALTMAN, WEST OF CINDER LOAD BY WHITESTONE DEVELOPMENT COMPANY: (APPROVE SUBJECT TO CONDITIONS) 5. FINAL PLAT: TROUTNER BUSINESS PARK, 38 LOTS SOUTH OF FRANKLIN ROAD, WEST OF MERIDIAN ROAD BY JIM BA~..LANTYNE WITH COVENANTS, CONDITIONS AND RESTRICTIONS: (APPROVE FINAL PLAT, TABLE CC~R'S UNTIL FEBRUARY 18, 'i997) 6. FINAL PLAT: THE LAKE AT CHERRY LANE NO.6 SUBDIVISIQN, 52 LOTS NORTH OF CHERRY LANE VILLAGE NO. 5, WEST OF TEN MILE ROAD BY STEINER DEVELOPMENT: (APPR0I~E SUBJECT TO CONDITIONS) 7. PUBLIC HEARING: REQUEST FOR VARIANCE BY BUILDERS MASONRY PRODUCTS: (CITY ATTORNEY TO PREPARE EfNDINGS OF FACT AND CONCLUSIONS OF LAVI~ 8. CONDITIONAL USE PERMIT FOR A TAEKWANDO SCEi00L BY JOHN AND BECKY SCHIEBOUT: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 9. CONDITIONAL USE PERMIT FOR A CRAFT STORE WITH AN ESPRESSO SHOP BY CLIFF ~ LISA SEXTON AND STEWART 8~ KRIS HASKELL: (APPROVE AMENDED FINDINGS} APPROVE CONDITIONAL USE PERMIT) 1d. DISCUSSION OF ALBERTS~NS CERTIFICATE OF OCCUPANCY CONTINUED FROM JANUARY 21, 1997: (APPROVE REMOVING CONDITIQN OF EASEMENT AGREEMENT) 11. VALLEY SHEPHERD CHURCH: REQUEST FOR HOOKUP TO WATER AND SEWER: (GRANT HOOK-UP SUBJECT TO ORD{NANCES) 12. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 13. APPROVE BILLS: (APPROVED) 14. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. TULLY PARK DEVELOPMENT PLAN: 2. TRANSPORTATION TASK FORCE COMMITTEE MEETING MINUTES: 3. TULLY PARK FILL DIRT: (APPROVE $3.75/YARD TO HAUL BY BY CLOVERDALE NURSERY) 4. BID OPENING RESULTS: WWTP ROADWAY & CITY PARKING LOT REHABILITATION: (APPROVE PARK TOWN CONSTRUCTION FOR $27,040 AND HUKILL'S FINE GRADING FOR $1,275) 5. LOCUST GROVE NAME CHANGE: (APPROVE) B. MAYOR ROBERT CORRIE: 1. APPOINTMENT TO PLANNING & ZONING COMMISSION: C. WAYNE CROOKSTON, CITY ATTORNEY: 1. RESOLUTION #165 -LID 97-1: (APPROVE) D. WILL BERG, CITY CLERK: 1. AGREEMENT WITH FARMERS & MERCHANT STATE BANK: (APPROVED) E. CHIEF BILL GORDON, POLICE DEPARTMENT: 1. LEASE AGREEMENT WITH AT&T WIRELESS: (APPROVE) MERIDIAN CITY COUNCIL FEBRUARY 4 1997 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Carrie at 7:3g P. M.: MEMBERS PRESENT: waft Morrow, Ran Talsma, Glenn Bentley, Charlie Rountree: OTHERS PRESENT: will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Chief Gordon, Mike Baldner, wally Lovan, Brian McColl, Steve Bradbury, Keith Jacobs, Mike Bal~antyne, Stephanie Churchman, Jahn Schwartz, Stewart and Kris Haskell, L'rsa Sexton, Dave Raylance: MINUTES OF PRE1fIOUS MEETING HELD JANUARY ~1, ~g9?: Corrie: Any corrections or alterations on those minutes? I do have one, on page 33, there are two places where it says roil call vote Talsma -Yea, and he was absent so we will correct those two, Any other corrections? I will entertain a motion to accept the minutes as corrected. Rountree: Sa moved Tolsma: Second Corrie: Motion made and seconded that we accept the minutes of January ~~, X991 as corrected, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Council, with your permission, !would like to move item ~I g up to item one. This is the discussion of the Albertsons certificate of occupancy. Mr. Lovan is here and I think the representative from Aibertsons is here. Rather than to have them sit through a meeting for that they have to teal us with their permission !will put them as number one if there are no objections, thank you. would the attorney or somebody from Albertsons like to start and give us the information's Baldner: My name is Mike Baldner, ! am with Albertson's, the Surplus Propert Y Representative. Mayor and Councilmen 1 would like to thank the City for their cooperation in the cast couple of weeks in pushing this issue along. I am sure you will all be happy not to see me again for a while. I am pleased to announce we have arrived at a solution on the utility easements. As you recoil originally Mr. Lovan was going to hook into the easements, we have asked for $32Bg far a hook up fee upon connection. He offered us $~! 5DD and we accepted it in the interest of moving forward on behalf of Mr. Lovan. we would like to thank him, he was very cooperative and very responsive to this and frankly !think some of the issues we had were a lack of communication caused by the folks we paid to get in between us. In addition ! am also pleased to announce Meridian City Council February 4, 1997 Page 2 we have resolved the crass access easement which was not of particular relevance to the certificate of occupancy but would have been an issue on the plat that wif! be in front of you shortly. So all of those things are gone and you won't have to lis#en to Albertsons and Mr. Lovan squabble back and forth anymore. Vlle have submitted the copies of the easements in the past at least a form for Mr. Crookston to take a glance at. The easements that we will execute will be identical except for the price decrease. We have talked about and well both of us had to give a little I think ultimately the decision was fair. That was the condition that was placed our certificate of occupancy, we are here to request a final certificate. I understand at the last meeting the planning and zoning administrator raised a concern about the lights. Mlle were aware of that but that is the first time the City has brought that to our attention. Vlle have been spending a lot of time and money trying to resolve that. Frankly for us the issue is while we appreciate the city's concern we are more interested in protecting our customers because of f of our neighbors are our customers. So we are going to take care of that problem one way or the other. So I am here tonight to ask that the conditions be removed from the certificate of occupancy and that a permanent CO be issued. Carrie: Council, any questions? Thank you, Mr. Lovan, is that your understanding, your agreement with what they have said? Lovan: My name is VIlaffy Lovan, I have the adjoining property to Albertsons. INe have been in a little tiff aver easements and sewer and the thing has been resolved nvw. I think we will end up being pretty good neighbors. I want to thank the Council too far their involvement in this thing. Carrie: Thank you Vllally. Morrow Mr. Morrow, I waufd like to thank bath Albertson's and UVally Lovan for getting this matter resolved. I know that it was a difficult issue far us and it was a difficult issue for them. It has been done and taken care of an schedule as originally requested. I would like to move at this time that as a Council we remove the condition of the settlement between Mr. Lovan and Afbertsons as a hold on the permanent occupancy. If alf other City departments have signed off an that occupancy that the temporary occupancy be converted to a permanent occupancy, Mr. Mayor. Rountree; Second Dorris: Motion made by Mr. Morrow, second by Mr. Rountree, Councif you have heard the motion, any further discussion? Hearing Wane, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED JANUARY ~~, X991: MARTY OOLI~SMITH: DISCUSSION OF SALMON RAPIDS NO.3 SUBDIV1510N. f~ Meridian City Council February 4, ~ 99T Page 3 Corrie: Vlloufd you like to come forward and continue with that discussion? McColl: Brian McColl, Mr. Mayor and Council, when we fast left this topic I think we agreed that we would go home and think about it. Unfortunately when that happens sometimes we ga home and put it an the back burner. Just to remind the Council as to what the problem was, there is before the City Council right nowa final plat for phase 3 of Salmon Rapids Subdivision that is not in conformance with the preliminary plat. In that it provides that all same ~~ lots I believe would sewer into the Nine Mile Drain. The preliminary plat and the findings that went with it and the testimony that went with it were pretty consistent that although mast of the lots in this phase could physically go into Nine Mile, the southwesterly law lying lots could not and they would have to go into Ten Mile, ~lllhen it was pointed out to us that the final plat that we submitted that basically called for filling those lower lots so that they would all go into the Nine Mile was inconsistent with the preliminary plat and that there was another problem and that was that really the City Engineer wanted al! of these lots including the phase before i# that is in Nine Mile to ga into Ten Mile. When then put this item on the agenda and we brought far discussion the concept that we would like to be able to build a lift station. That lift station would temporarily permit all lots in this third phase to go into the Nine Mile but when the Ten Mile gat pushed on dawn it is not partially in Meridian Greens but when it got completed for Meridian Greens and then through Kachina Estates we would abandon the lift station and al! 7g lots waufd go into the Ten Mile. Thinking that might help the sort of aver all capacity problem down the road. I believe one of ou yr Y all of you decided you needed a little more time to think about it, Qur thought was if the lift station was not acceptable then we would sort of have to back up. vVe would withdraw the existing final plat and submit a new final plat mare consistent with the preliminary plat that has been approved. But we didn't want to do so if you all thought the lift station was a passible solution to the capacity. There is no capacity problem but potentially there might be down the road. we are dust looking far some direction. Marrow: Mr. Mayor if I might, I think one of the questions was that you were also going to do some research with the extension to Ten Mile or the extension of Ten Mile Creek [ine that currently is someplace in Meridian Greens and getting to this property. Did any of that research goon? McCall: The Salmon Rapids Phase 3 in question, we brought the Nine Mile Trunk dawn here and here and into Salmon Rapids. The Ten Mile Trunk now is to approximately this point. As Meridian Greens is developed that developer would bring it to the end. It then enters into this older subdivision, I~achina Estates. There are two lots affected a bridge here, a public right of way here. This property owner is pretty adamant about not giving any kind of easement at all at this point, He has at feast in this section of his property, this is Mr. Reed McDonald, a very well established kind of estate. He has huge, mature trees, he has an asphalt drive, he has a water wheel that he has sunk into the Ten Mile Creek with concrete pilings. So, anything is engineering Meridian Gity Council February 4, ~ 997' Page 4 wise possible and I suspect that some day when the pressure comes down from developers here there will be enough pressure to find a solution to that. If our section here were to be required to sewer into here immediately we would just probably not develop those lots at this point in time. It certainly isn't cost efficient for somewhere between ten and maximum ~4 lots our engineer tells us it is about ~3 lots that physically will not sewer into the Nine Mile. Far 14, ~ 3, 20 lots the cost would be a Iot, $~00, 044 including estimates on easements, even if we could get an easement. Cowie: Other questions? Thank you is that all we had. McCall: Again, if we could get same sort of direction, if the Council was against us proposing a lift station then we will just file a new plat with those lots inaudible} if you would like us to pursue the lift station we would be happy to do that. Corrie: I guess the question would be Gauncil are you prepared to do that tonight or do you want to have more time's Marrow: Mr. Mayor, I would like to hear same input from Gary Smith, he has also had a couple of weeks to give this same thought. At present if he has an opinion on that could we have that please? Corrie: Mr. Smith? Smith: Mr. Mayor and Councilmen, I guess there is a policy decision that the Council needs to make. ~llJhether you are going to allow this drainage to ga into the Nine Miie Drainage instead of the Ten Mile Drainage ar not. The lift station is an alternative, the past two subdivisions in which we have had lift stations have carried with them that the homeowners association pay the maintenance cast on these lift station. The City actually performs the maintenance but the subdivision is assessed and pays those costs. I don't know whether this developer is willing to proceed on that basis or nat. I haven't spoken to him or Brian about that. But he indicates to me now that he is willing to proceed with that. I guess I lank at lift stations in two ways. One is a permanent lift station situation. I look at very carefully and weigh the long term requirements. Second is an interim, temporary lift station of which this would be. Once the Ten Mile Greek interceptor is extended. Temporary is a difficult word to dune because of what l have seen happen in the past. Those lift stations in some cases have been temporary far ten to fifteen years. During that period of time they wear out and then they are mere costly to operate. Again, I think that if the Gauncil wants to proceed along a temporary lift station proposal that the maintenance cost for that lift station should be borne by the development, Obviously that doesn't affect the developer except it is a liability that the lot owners will carry as long as the lift station is in operation. From a stand point of putting sewage flow from drainage area into another drainage area and not knowing what can or will develop in the drainage area to which you are pumping or to which you are flowing say by gravity then that is pretty difficult. That is one reason why my policy Meridian City Council February x,1997 Page 5 and I think the Council's policy in the past has been to confine sewage to specified drainage areas within reason, within limits, within the common sense factor. we talked about that at the last Council meeting, Morrow: Question Mr. Mayor, nary, refresh my memory on the prior two lift stations that are being maintained by the homeowners subdivisions were those lift stations done for interbasin transfers or was there an elevation issue that caused those lift stations to be dene pending another line being put in or something. Smith: one of the lift stations is an interbasin transfer, the other is nat. But it is interim, they are bath interim, temporary sift stations. Both would be abandoned upon extension of gravity sewer. Morrow: The one with the interbasin transfer the location of that was? Smith: That is whitestone Subdivision on Linder Road. Marrvuv: And that is pending the Ten Mile Drainage being completed and it is immediately adjacent to the Ten Mile Drainage. Smith: Yes correct Marrow: The other one as I recall was in Packard Subdivision. Smith: Yes Marrow: And that was a question of linkage in terms of lines was it not? Smith: Yes, that one will be pumping into the drainage area that it is supposed to gravity flow into. At this point they are having dif€iculty in crossing property with gravity line. Morrow: Thank you, I have no further questions of staff? Corrie: Any other questions from Council? I guess to reiterate my questia~ before dv we wish more time? Morrow: Mr. Mayor, if I might I need to ask a couple of questions or throw out a couple questions in terms of or comments I guess. I any not really in favor of going against our policy of interbasin transfers. My preference would be to continue that policy, I recognize that based on Mr~ McColl's presentation there appears to be some obstacles in terms of extension of Ten Mile that are not avercomable at this time. 1 guess the other thing is as paint of discussion is that if there is a resubmittal of something close to the original plat and the lots are net going to be developed what state are those lots left Meridian City Council February 4,1991 Page ~ in? The thought comes to mind that maybe it is a usable common area for the short term that is maintained by the homeowners association in some cart of grass or something so it doesn't become a fire hazard and a mess. But I think that presentation ought to come from the developer and ar his representatives. Ithink that from my perspective I would 1rke to hear some solutions to that issue before I voted an what it is that gets done here, I think in summation I want to see from them a presentation which maybe be at our next meeting and that I am not in favor ar an interbasin transfer. Rountree: Walt's comments raise a question that I have for Gary, this entire sub, not just that one corner portion of lots, is identified to drain into the Ten Mile Drainage correct ar just the corner? Smith; Well Councilman, if you utilized Eight Mile Lateral as the fine dividing the two drainages, which in our facility plan it does, then all of this subdivision was in or is in the Ten Mile Drainage. However as I mentioned at our last meeting you can't physically say that a home on the northeast side of the Eight Mile Lateral has to drain into the Nine Mile Drainage a home on the southwest side drains into Ten Mile. That is where that common sense factor comes. You make a determination haw far you can go south and west of the Eight Mife Lateral and still drain into within reason into the Nine Mile Drainage. Sa, part of the subdivision that is being proposed as I think it is number 3 does drain in#o by gravity the Nine Mile Drainage without much difficulty. gut when you get into the southwest corner then that is the area in question. In my own mind you are really pushing as far as this interdrainege is concerned, Ithink you are moving over the line so to speak. Even though as they say physically all but 1 ~ yr 13 tats can drain into the Nine Mile Drainage. It is contrary to what our policy has been in the past as far as permanent gravity flaw. Carrie:l was going to say you pointed to the wrong corner. Rountree: You were in the southeast (inaudible) (Discussion Inaudible) Rountree: Another question for Gary and Counsel, if the lift station concept were approved as a temporary solution what vehicle would need to be in place to switch that over to a gravity drain into Ten Mile. Who would pay the cost and haw would the associated cost of extending the sewer to that paint be paid for? Smith: I can address part of that councilman, the lift station can be designed and built such that the inlet pipe and there can be an outlet stub constructed at the time the wet well is built far extension to the gravity sewer at such time that the gravity sewer is available. The conversion of the lift station to a manhole is relatively easy with those pieces in place. It is pretty much a pull the equipment out of it, put a standard ring and cover an it if it doesn't have one, and usually they don't. But put a standard ring and ~. Meridian City Council February 4, 191 Page l cover vn it and fill the bpttom, the wet well and build a concrete channel through it similar to a manhole and then away you go. You second park of your question is who pays for that cost of connecting the lift station site to the gravity sewer line. I don't think that has been addressed but it is a good question and it needs to be addressed. Somebody will need to pay that cost, the developer could put into escrow. McColl: ~Inaudibie} the developers obligation and we would be prepared to do the engineering and the cost estimate and the bonding for it if that was the wa the Council Y decided to go. Rountree: question for Counsel, is that a standard practice? Crookston: It is the standard practice that the City of Meridian to have a developer pay for all costs to provide sewer and or water. I would think that would be within the realm of that policy of the City. The City would in essence be providing a granting capacity to Mr. Goldsmith to have sewage. I think that the transfer from lift station to gravity flow would have to be the developer who is Marty Goldsmith. Corrie Thank you Marrow: Mr. Mayor, I think that part of the question here also is that in reference to sang term speculation an my part that getting from the end of ar to the end of Meridian Greens I don't think is Iong term, i think what we have is reasonably short term. Getting across the two five acre estates in Kachina Estates represents a major issue. If those are going to remain estates so to speak and not be subdivided into building lots then the question in my mind is that who pays the cast of getting it across those two Tots. Gr does it have to be at some point in time when there is enough demand upstream that those developer folk are willing to pay that cyst. The issue that Mr. Smith raises is well founded in my mind that the lift station is a ten to twelve year life span before rehab, is that correct? Smith: It is the mechanical park that breaks down yes sir, pumps and motors. Morrow: I don't see that development upstream taking place in that time frame. So who pays for the repair and rebuild so to speak of that particular lift station at the time it needs to be done. I am uneasy about those things or about the answers to those questions, I think in the case of the other two that we have done there clearly was short term really kind of inaudible} just some technical issues that needed or land acquisition issues in the case of Packard that needed to be able to over come and Whitestone was limited because there was a sewer line existing in Linder Road that was an easy shot to get there plus it was immediately adjacent to Ten Mile Creek. So those would be my observations. also, with respect to this and I think again that we need to think through and see a proposal ~inaudibfe} Meridian City Council February ~, ~~97 Page 8 Rountree: liven those responses I think my position would beta Took at a replating that did not show development of the particular portion of the parcel. But did take into account some kind of care and maintenance of that portion of the subdivision until such time it could be sewered. Like maybe a neighborhood park ar something like that. Marrow: well Mr. Mayor if 1 might interject, as a point of protection far the developer as a future owner I think if a neighborhood park or a ball diamond for the kids is going to be utilized there short term. It needs to be all spelled out and all kinds of homeowner documents and association documents that is in fact a temporary use and that it is subdividable property to be divided at same point in the future. I wouldn't want to see in fairness to the developer, I wouldn't want to see something that ends up becoming permanent at his expense. Corrie: Any other comments? Smith: Mr. Mayor, I guess l need an item of clarification, the original preliminary plat had approximately 38 Tots I believe that were deemed non-severable and that preliminary plat was approved with that condition. The engineer is now telling us that al I of these fats but ~ ~ or 13 can be severed out of the approximate 74 I guess there is in this next phase. Uvhat are your wishes, where da you want to cut this off? Morrow: Mr. Mayor, if I might answer that from my standpoint, I will support whatever the decision of the Public works Department is in terms of where that cut off line ought to be. It is those folk that have to put together the system and make it work long term. And so if it is ~ 3 that is fine, if it is 3l ar 38 that is fine or if it is somewhere in between that is fine. But it aught to be reasonable for both parties. Smith: I guess my comment is the preliminary plat was approved originally with 38 lots not being developed. The rest of those are an interbasin transfer, that is a permanent transfer of flaw. I am not interested personally in approving any mare Pots than what has been approved to flow in the Nine Mile Creek on a permanent basis. Corrie: If I recall you said, the original is what you are going to come back with sa that it would be these 38 Tots are non-severable, is that correct' McColl: Na, we would request that the number of fats that be turned into this neighborhood park would be those Pots that now that the engineering has been done physically cannot sewer into the Nine Mile. When the original preliminary plat was presented there was on that plat sort of a gray area, none of the engineering work had been done obviously it was at the preliminary stage. 1 think it was done by hllr. Roylance and he just an the basis of conservative approach indicated that there would be a number of Lots dawn there and if you count them all out and look at the foot note yes there were 38. But in fact it is much Glaser to I believe now that the engineering work is done we can talk to our engineer about ~ ~ Iots. The, it would seem to me that Meridian City Council February 4, 1997 Page 9 the solution that we were looking far was not to do the lift station and to have those lots that are truly non-sewerable maintain as some sort of ball diamond, ball field, park or park for the subdivision the number 13 would be, 5 acres, a pretty substantial park. If we were talking about 38 that is a hayfield of substantial proportions. So because the precedent has already been set in terms of severing 43 in Salmon Rapids No.1, I think there are ~~' in Salmon Rapids IVo. 2 and another ~g in this phase under the preliminary plat we would request that all Pots that could sewer into the Nine Mile be permitted to sewer in the Nine Mile. ~r again ~inaudible~ all go into the Ten Mile. I think there had been some dealings between the City Engineer and the developer that indicated that the actual number would be based upon the engineering that was to be done and then in particular any lot that could end up with four feet of fill on tap of it would meet those requirements, it that right nary? Smith: U`le have a minimum cover in the street aver the sewer line that is correct. I would like to make one other comment though. vUhen we require a preliminary plat be prepared it is more than a guessing game. There is a contour map prepared an that preliminary plat, two contours. granted these contours are not absolutely accurate, but the reason that the contours are required is so they can design in a preliminary manner, sewer, water and storm drain. I am hanging my hat a lot on the preliminary plats. The final drawings that came in are details of the preliminary plats. I don't remember exactly the words that I used with the developer but there was a restriction of severing the southwest carnet of the subdivision because of the elevation of the ground. I know all things change when you finally get out there with an instrument and start running profiles down the road. But in my mind it is difficult to understand haw they change from 38 fats to 1 ~ Iots. Maybe we are splitting hairs I don't know, as far as the total drainage area of Nine Mile drain. Rountree: nary, possibly that question would be resolved with the replotting of this parcel. Smith: I don't know Councilman, I don't know what it is going to lack like when it comes back if it is going to have a similar roadway alignment or what I have no idea if that is what they are talking about. McColl: I think it would require a resubmission at minimum of the final plat, we hadn't at this point contemplated going a[I the way back to the preliminary plat stage, But l suppose if that was absolutely necessary to salve this problem that also could be accomplished including a public hearing. The reality is that now that the engineering work has been done our engineers are telling us and I think if the City engineer had some questions surely they could get together and decide vn that from a physical flow point of view we are talking about mare like 13 fats. Naw if it turns out it is 20 it is ~g and if it is 38 I suppose it is 38. This is the best information we have from our engineers. I also think that would be more cansisten# with kind of a park than whatever, there are about 3 Iots per acre, 3 goes into 38, we are talking about 13 ar 14 acres. Meridian city Council February 4,1991 Page 14 Bentley: Mr. Mayor, it seems kind of obvious that the two engineers are not on the same page on this. I would not be prepared to render a decision until they can get together and maybe see if there is a problem between the preliminary drawing with the 38 lots and what is being talked about here. Morrow: Mr. Mayor, since this on the agenda as a discussion is seems to me that it be appropriate that at this juncture, I am satisfied with the discussion, we have talked about the concepts, we have talked about passible solutions. I would like the discussion to continue between the engineering staff, the developer and see where it goes from there. I think the desire of the Council is pretty clear that they don't want to be involved in a lift station if at all passible. Also that the City Engineer needs to be giving some direction to Mr. Goldsmith and his engineers as to what is accep#able to him. Ullhatever that proposal is it tames back before the city Council at that time. Carrie; Do I hear any objections from the Council? okay, that is it. Before I go to item ~, I want to welcome Scout Troop #81, forgive me for not recognizing you guys before I started the meeting, ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE N0. 7 BY STEINER DEVELOPMENT: Corrie: Council you have the conditional use permit, I believe in franc of you now. Marrow: It would be nice Mr. Mayor if we could pause for a few minutes and preview this. Corrie: We wi I I take a pause for just a moment here. PAUSE IN MEETING Corrie: Mr. Rountree? Rountree: I have a question far staff Mr. Mayor on this, it would be for Shari. Are you up to the assignment of design review for this proposal if we were to act favorably on the conditional use permit, be honest? Stiles: Well I guess are you ready too, it says City Staff and Council. Rountree: You know my position, Stiles: I don't know if the applicant would accept it under those conditions, Meridian City Council February 4, 1997 Page 11 Rountree: Thank you that answers my question. Corrie: Any further comment of Council, questions? Bentley: Mr. Mayor, l am still not sa#isfied with this Gammon area being used as a water basin and a drainage situation on it. I still don't feel that has been addressed adequately for myself along with the design review. That is all I have. Morrow: Mr. Mayor, question far Mr. Bentley, what do you want to see mare an the basin issue, your thoughts there. Bentley: My thoughts are like I stated before I am really concerned on how the elderly are going to be able to use an open area, if 'rt is floating in water. They speak of putting a liner in and I just know how the water is going to get out of there. 111~ith the sloped edge, even though they say they will put a ramp ar something down in there I am just really concerned on the elderly's ability to use this. Morrow: Mr. Mayor, question for Gary Smith, when we last met and discussed this there was some study stuff being dare with respect to the layout of this drainage pandlcommon area. Have we seen anything come forward in terms of drawings or specifics that address the question of the ramping in and out and those issues? Smith: Mr. Councilman, I haven't seen anything personally, I don't know if it was submitted to any of my staff or not, but I haven't seen it personally. Morrow: I think the drainage issue that Councilman Bentley talks about is by virtue of the over flaw that flaws into the drain line and that type of thing is pretty well addressed is it not from a technical stand point if I recall? Smith: Could you say that again? Marrow: Gn this retention pond the drainage issue far when the water comes in and then it actively goes out in terms of piping into the drain ditch and is carried away, The issue that Mr. Bentley is talking about wi#h respect tv the liner, is to prevent the cross drainages of the infiltration basin that is in the old ditch right of way as I recall, is that correct? And this detention pond. The detention pond has a settlement provision by virtue of the out flow device being higher than the bottom of the pond. Is that how that works? And the liner is to prevent inaudible}mingling. Smith: There is, the pond design incorporated two different things. Gne was a liner, the second was a subsurface perforated drainage system that would drain into an existing drain perforated drain paralleling Ten Miie. There is a, I guess you can call it a transfer structure in the northeast corner of this panel that takes the storm water from the pond and discharges it to Nine Mile Drain at a predetermined rate, at the pre-development Meridian City Council February 4, ~ 997 Page ~~ rate. So if you had a design storm, I haven't chased through this calculation that made but if you had a design storm the pond would fill up to a certain level and then it would drain through the transfer structure into Nine Mile Creek or gain. The size of the opening in the transfer structure determines how much water is draining into Nine Mile Grain. After a period of time the pond would be empty. Did I answer your question on that? Morrow: Yes to that portion, now explain the significance of the liner, please, as it relates to this drainage pond that is allowing settlement and then drainage into Nine Mile Drain. Bmith: Typically in this area we don't have much storm water during the summer Months. But we do have a high ground water. So the combination of the bed liner or the pond liner and the subsurface collection system, pipe collection system, would keep the ground water out of the pond. Because the bottom of the pond is below the ground water level. You would have some hydrostatic pressure against that pond liner that would want to force that thing up if they had ~ inches of soil, 6 inches of, well B inches of sand and B inches of sad you would call it, ~ 2 inches above that bed liner to keep it in place. Then the subsurface collection system, was installed to further ensure that the hydrostatic pressure wasn't going to uproot that bed liner. So the combination of those two units, 2 installations are meant to keep the ground water out of the pond, out of the depressed area because the elevation of the grass and the pond is below the historic ground water level out there. If you didn't have that in place then you would have a couple of feet of water in the bottom of that pond throughout the summer months when the ground water level is up. Does that answer your question sir? Morrow. Yes, that explains it the way I was after. I thought there may be some confusion as to (End of Tape) Corrie: Any further discussion from Council? Tolsma: Inaudible} the average passenger car inaudible} aver 2D feet inaudible} off the sidewalk inaudible} I walked inaudible} Now if they only have one sidewalk on one side of the street that makes it twice as bad. I think Mr. Bradbury last time mentioned something about seeking out a solution to that problem. The passibility if you could have the garages with the ~4 foot setback or 24 foot setback inaudible}. Would that be a solution? Bradbury: Mr. Mayor and Councilman Tolsma, unfortunately I think perhaps maybe you weren't here at the last Council meeting when we raised this and what we had done is prepared a drawing showing how if the roadway is centered and being constructed so that it leaves, since the width of the actual improvements of the roadway are less than the right of way width that if the roadway is centered properly there is actually going to be additional space made available for the parking of cars in these front driveways, that (, Meridian City Council February 4, 1997 Page 13 is there is not going to be just only the ~ 8 feet setback there is also going to be at least an additional foot an each, between the lot line and the improvements to the roadway making it a total of 19 feet theoretically from the nearest point in the structure to the paint where the sidewalk is, Although that doesn't entirely solve your concerns. Tolsma: (Inaudible) with the five foot sidewalk that would be 25 feet from the house to the edge of the street then? Bradbury: Right, exactly, there is, because we have this extra space that is contained in the right of way but is not actually improved with right of way then it appeared to us and according to the drawings that were submitted last time it appeared to us that there was going to be enough roam to park most cars, If you are parking a suburban there you are probably going to have same troubles. UVe thought that with that additional space it would satisfy hopefully 90°l0 of those concerns if not mare of them. In addition so that this doesn't get last in the shuffle, each of these units is of course provided with a two car garage. So, I am expecting that most of the time the vehicles are going to be parked in the garage and there will only be on those occasions when there are guests that are parking in the driveway and that certainly is going to happen from time to time but I don't suspect that every driveway is going to be covered with cars every day. think that there is going to be enough space to resolve those concerns, we are certainly willing to look at any other solutions that might help you. Tolsma; The second problem inaudible} na law enforcement inside the subdivision as far as blocking the sidewalks ar parking on the sidewalks. If the streets are public then at least maybe they can go in there and enforce that inaudible} two fold problem here you are short a distance and you block the sidewalk, there is really no way to enforce it if you are a private street. Bradbury; I understand your concern with respect to that and we can sure include provisions in the restrictive covenants which would prohibit people from parking on or across the sidewalks just as the CC~R's will include provisions that prohibit people from parking an the street or an one side of the street, I have only just been through these findings just briefly, assuming that would be approved. Then we can certainly include same enforcement mechanism through the homeowners association and that may not be as good as getting a ticket, It at least provides you with hopefully some comfort. Tolsma: If the garage inaudible} I notice a lot of garages an buildings now the garages are set forward away from the front of the house. 1 have also seen several that the garages are set back and the houses are set forward. That could be a plus situation there if the garage was set ~ or 3 foot back further away from the driveway. I was looking at it as ~o foot and mast of the cars are ~'l feet today, the average mid-sire car, unless they run them up against the garage door they are still going to be sitting on the sidewalk. Mast people walk back far enough sv they can walk across the front of the Meridian City Council February 4, ~99~ Page ~ 4 car which is ~ or 3 feet back. So they are literally going to be blocking the sidewalk anyway, with ~g feet. Bradbury: I certainly understand your concern and I guess hopefully that with the provisions that have been made far off street parking and with provisions that are made far space to park in the garage I would hope that those kinds of conflicts would be minimized. I am not going to try to pretend tv tell you that you will never see it happen because you wouldn't believe me if I tried to say that. I guess we can't soave every problem, every potential ill I the world here tonight but what we can do is try to minimize them and I think that the design that is proposed certainly intends to do that. Maybe we can, maybe there is way to redesign these units ar to take another look at a different design that would push these garages back. I don't think that the developer is adverse to the idea of at least looking at that passibility. I do know that he has already worked an carne alternate designs, elevations so that we can solve same of the concerns that some of the council people had with respect to the fact that everything was going to look the same. Sa that work is already underway. There is perhaps the issue with the location of the garages can also be taken a look at too, Marrow: Mr. Mayor, I think that the answer to part of your issue there Ran is that in a development like this that is a gated community and it is private streets clearly historically the enforcement provision rides, that responsibility rides within the subdivision itself and the association there. There is more than ample precedent for those CC&R's to constructed so that it can reduce to a minimum that type of thing that you are talking about. The other thing is that if we da adopt these findings of fact and conclusions it clearly stipulates that there is design reviewto resolve the problem of the front elevations and the things that were proposed to us before. VIlhich would ga a long ways towards cleaning up some of those issues with respect to the garages and you can you are absolutely right, you can off set the house ~~ feet and set the unit, put the garage back. Yau can also do things like side entry garages. I have worked in subdivisions where the side entry garage system was used and it allowed a seven foot setback from the back of sidewalk. Clearly the same type of proposal as this is. Sa there is lots of flexibility there. I think very candidly I was one of those who strongly objected and still strongly feels that it looks tike an army base barracks system based on the elevations that were presented to us and that is clearly unacceptable. I am a strong proponent of the design review by staff and by Council so that we don't see that in fact happen, Perhaps in that scenario there is some flexibility far those designs to solve those parking issues. Thank you Mr, Mayor. Corrie: Any further discussion? Rountree: Mr. Mayor, as far as the language in the findings of fact, I still have two concerns. I think it needs to be more clear that the design review is in there as a condition of providing an opportunity for the Gity to review a concept that presents multiple different street elevations. I am also concerned about the open space required Meridian City Council February 4, ~g~l Page 15 by the PUD even though in numbers they have ~ g°/~, #hat concept means to me that is usable space to those residents for their enjayrnent. 1111hen it is full of rain water I don't think it is going to be too particularly enjoyable. So 1 think additional open space per our ordinance would be required. I would like to see that specifically pointed out in the findings of fact. If we can do that this evening I have no objections with the conclusions reached. If not I would recommend that we take another run at them and get that included. Marrow: Mr. Mayor, I have no problem with Councilman Rountree's suggestions from my perspective I am in agreement with those. I guess the question would be rightfully posed to the counselor, if we can get that handled tonight, then that would be fine, If he feels mare comfortable reworking it and bringing it back next meeting that is fine also. Your opinion please? Crookston: I would rather do it out of the meeting time and get it worked out as best that I can and sa that it is presentable to the Council would be my preference. Morrow: That being the case Mr. Mayor, I would move that we instruct the City Attorney to prepare findings of fact and conclusions of law for the Lake at Cherry Lane No. 7 by Steiner Development far our review on the meeting of February 18~~. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to da new findings of fact and conclusions of law to be prepared at the next council meeting, any further discussion? All thane in favor? Gpposed? MOTION CARRIED: All Yea Smith: Mr. Mayor, can staff have a clarification on design review? Does that involve the structures that are to be built an the cots that have been proposed to be platted. Does that have to do with the location of the streets? How extensive is the design review. I don't think that is formally part of our ordinances. Morrow: The design review is part of our subdivision and development ordinances inaudible} Crookston: It is part of our caning ordinance, all it says is that City Staff and City Council have the right of design review. Yau are correct that we do not have any ordinance that says specifically what is required to be done. That is correct Gary. Smith: I guess I just need some as your staff, Shari and I need same clarification as to what that involves. Meridian City Council February 4, ~ 997 Page ~ B Morrow:llUell the design reviewfram my perspective is the Council would be the frontal elevations it would not be things such as colors and paints and location of landscaping and those types of issues. I think that what I would like to see from staff and from the Council standpoint is and it can be accomplished if there is gaing to be five different plans for this subdivision then we design review the five elevations for those plans and the placement an the plat of those plans. If it is something that each one is gaing to be individually built and said as a unit then, and each might be designed slightly different we take a look at the front elevations, it meets the other conditions of the staff' with respect to setbacks and all of those kinds of things then that is all there is to it in this case. It is not a in my mind it is not an extensive design review that you can see done sometimes this is an elevation design review and that is it. Rountree: Mr. Mayor, I would add one other point in this particular instance it would include the usability of space ar amenities in the facility. The open space for the enjoyment of the residents as well as how well the storm water detention pond functions. I think thane are critical portions of this particular development. ITEM #3: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT; TABLED JANUARY 21, 1997: Marrow: Mr. Mayer, paint of order did we vote an the last motion? Carrie: I think we did. Steve, would you like to say anything in reference to the preliminary plat? Bradbury: I don't have anything to add. I suspect that it might make sense to go ahead and table the plat until you are happy with your findings on the conditional use because obviously one follows from the other. Bentley: Mr. Mayor, I move we table the preliminary plat far the Lake at Cherry Lane No. 7 anti! February ~8t~'. Rountree: Second Carrie: Motion made and seconded that we table the preliminary plat until the February ~8#~ meeting, any further discussion? All those in favor? ~ ased? pp MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: WHITESTONE ESTATES SUBDIVISION NO. 2, 37 LOTS NORTH OF WALTMAN, WEST OF CINDER ROAD BY WHITESTONE DEVELOPMENT COMPANY: Carrie: Is there a representative from INhitestane, are they here? f, '. Meridian City Council February 4, ~ 99?' Page ~ l Jacabs: Goad evening, Keith Jacobs, Pacific Land Surveyors. This is a continuation of a preliminary plat you have approved of Whitestane Estates Subdivision. This is our second phase, ~l lots on ~ fl.B~ acres. l did receive the staff comments, read them and responded to the City with a letter accepting the general comments and the site specific comments. The two issues an the site specific comments, issue 5 and B I have not had a confirmation from staff that I did interpret #heir comments correctly. However we will wank that out, if we need to do that before this is approved, fine. If we don't we can do it with staff and consultant level. Da you have any other questions? Corrie: Any questions o~ Keith? Thank you Keith. Morrow: Mr. Mayor, question of staff, Gary and Shari are you satisfied with the responses that were provided to you by Keith Jacabs far those questions that you had. Smith: Yes I am Councilman. Stiles: Yes I am too. Morrow: Thank you Carrie: Any further questions? Hearing Wane I would entertain a motion an the final plat. Marrow: Mr. Mayor, I would move that we the City Council approve the final plat far whitestane Estates Subdivision Na. 2 subject to all staff conditions. Bentley: Second Carrie: Matian made and seconded to accept the final plat of Vllhitestane Estates subject to approval of staff", conditions of staff. Any further discussion? All those in favor? Gppased? M GTI G N CARRIED: AI I Yea ITEM #5: FINAL PLAT: 7ROUTNER BUSINESS PARK, 38 LOTS SOUTH OF FRANKLIN ROAD, WEST OF MERIDIAN ROAD BY JIM BALLANTYNE WITH COVENANTS, CONDITIONS AND RESTRICTIONS: Carrie: l believe l saw Mike. Ballantyne: Mr. Mayor and members of City Council we believe we have all of the items to the City that the City has required. we have received the staff carnments and responded and there were a couple items on the staff comments that I would like to Meridian City Council February 4,1991 Page 18 address real quick. l don't know if I really need to go aver these for the sake of time as long as the City Council has had a chance to see our response to the staff comments and they don't have any questions. I think they are pretty clear. Corr~e: Council, any questions of Mr. Ballantyne~? Rountree: Mr, Mayor, for the record I would like to have Mr. Ballantyne explain the changes in access on this subdivision? Baliantyne: Are you speaking specifically of item two an site specific comments? Rountree: Yes Baliantyne: David, he is from feller, he is holding a copy of the final plat. ~riginaiiy on our preliminary plat the comment was made by staff and l don't have the exact verbiage was basically that the fire department requires once we cross the lateral that a second paint of access is available. 1Ne al! along had assumed that wauid be the easement through Norm Fuller's property that would provide that second point of access. In discussions with the Fire Department, the fire department made the comment that they wauid allow the sewer easement which was also a pedestrian pathway to be used as a secondary access far fire use. As long as it met certain criteria which we have outlined I believe there is a letter from the fire department that discusses that. Vile have agreed to that so we would use that as a secondary access until such time that we crossed about the middle of the project and went into phase 2, then if we were to crass that we would need the second access through Fuller's property. fur desire if you remember back, I think we started this process I wrote this date down August 8, 199. If we Iook back in the process we discussed that Fuller Easement and that Corporate Drive extension and the fact that the preference I believe for the City and for Ada County Highway District was not to see that road go in and create another traffic situation an Meridian Road. But rather to see those dollars go toward a Corporate Drive extension which would be about I think about 15D feet to the South of where that extension would be. So our goal was to find a way to provide a secondary access without having to punch that street through with the hopes that within the next while that corporate drive extension would be put in and there wouldn't be two streets in effect within a hundred yards of each other. So the other advantage to doing that is that it provides a second access to the property owners on Pennwood and points west if Southwest 7t" I believe is blocked for same reason the fire department can't get through. So really it benefits both. The way it is set up, l know there is same concern as we went through the process by neighbors about that street going through. The way it is set up there are bollards there and it is a green area with a walkway and concrete pavers with grass growing through it for the fire department but there is na access for any other vehicles. The only other vehicle would be a City vehicle to work an the sewer system. Rountree: Thank you ~~ t Meridian City Council February 4, 1997 Page 19 Corrie: Any other comments ar questions? Thank you Mike. Council any further comments or questions you have? Morrow: Question for nary, in terms af, this is a walkway sewer easement, is the grass an acceptable permanent solution for maintenance of the sewer item there. l guess the point of my question is that at such time as a natural second road access comes available into this unit does it make sense to have the grass still in place? Smith: l don't, Councilman, I don't think that it would need to be removed if that is what you are asking. I have seen some installations of grass inaudible} as far as I know they continue to function as a semi grassy area that can support a vehicle. Sa 1 don't know that it would need to be removed, it might facilitate, we need to have or, I guess it would conform to what we have required in the past when we have a sewer line outside of a public right of way and we have an access line way above the sewer line. I think it should stay in place. I did have a note from Bruce Freckletan that we need to have a letter from the fire department that this is an acceptable secondary access for them. I don't Marrow; In our packet there is a copy of a letter from Ken Bowers our Fire Chief to Keller and Associates outlining four items concerning that particular area. I guess my question would be is that sufficient far your needs, it would be the last page of the response received February bra from Keller and Associates. Smith: That is fine. Corrie: Any further comments ar questions? I will entertain a motion for the request far final plat approval. Bentley: Mr. Mayor, I would move we approve the final plat far Troutner Business Park. Rountree: Second Carrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the final plat far Troutner Business Park, any further questions? Marrow: Question Mr. Mayan, the agenda item talked about also with the covenants and CC&R's, I guess my question is in terms of the motion is that just fvr the final plat? ~l1le have not had any discussion with respect to the CC&R=s and are we going to split that out and talk about that after the motion. Crookston: I can inform the Council that l have the CC&R's, they are relatively thick, I have not gotten through all of it yet. Meridian City Council February 4, 1997 Page 20 Carrie: Then maybe we can approve the final plat and bring the covenants and CC&R's up later. Is that the matian? Bentley; That is the matian Rountree; Second Carrie: You heard the matian, all those in favor of the motion? Gpposed? MOTION CARRIED: All Yea Carrie: Ul~e will bring those up now. Ballantyne: Mr. Mayor and Council that is fine with us, my only question is in regard to the development agreement, is it passible to do those together to approve the CC&R's and development agreement together so it doesn't cast us any time's Carrie: Yes Bailantyne: Great, thank you. Marrow: Mr. Mayor, I would move then that we table the portion of item 5 with respect to the CC&R's until our meeting of February 18t". Bentley: Second Carrie: Motion made by Mr. Morrow, second by Mr. Bentley to da the CC&R's on the 18t", any further discussion? All Chase in favor? Gpposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: THE LAKE AT CHERRY LANE NO. 6 SUBDIVISION, 52 LOTS NORTH OF CHERRY LANE VILLAGE NO. 5, WEST OF TEN MILE ROAD BY STEINER DEVELOPMENT: Currie: Steve? Bradbury: Mr. Mayor and members of the Council, my name is Steve Bradbury, ! am representing Steiner Development. You have the final plat for Lake at Cherry Lane No. B before you. Yesterday Keith Jacobs of Pacific Land Surveyors faxed to the City a letter responding to staff s comments and I am going to kind of assume that staff has seen it, they are busy ignoring me right now. In any event and Mr. Jacobs is here of course as you and can respond to any questions that you may have with respect to any of those. But as I understand it Mr. Jacob's responses were all positive that he took Meridian City Council February 4, ~ 99l Page ~~ into account the staffs comments and was willing to make whatever revisions ar corrections were necessary. There is only ane issue that we would like to have the Caunci[ take another look at. That has tv do with, l guess it was a site specific comment number 1g which reads the club house and pool within this development shall be constructed prior to obtaining building permits on any of the residential fats. It goes on as discussed and acknowledged to Council by the developers representative on March ~ 9, ~ 996 I guess that must have been me, site plan to include parking and landscaping are to be approved prior to obtaining building permits. I went back and looked over the findings of fact and conclusions of law on the preliminary plat for this project and looked far the references for what the developers intentions were with respect to the construction of the club house, the recreation facilities. In fact I did represent to the Council that the developer's intention was to instruct those improvements upfront with the balance of the subdivision improvements. That is in fact the developer's intention to build those things up front. As a matter of fact we would like to try to da is to have approval from the Council to commence construction of Chase improvements immediately along with the other subdivision improvements even perhaps before the final plat is actually retarded, obviously we know we have to get the darn thing in the right place and that we want to work with the City staff to get that accomplished. The problem with the proposal as staff has suggested is that it requires that thing be completed and an occupancy permit theoretically I guess issued before one single building permit tan be issued for the construction of any of the residences in the subdivision. That it seems to us is perhaps a little bit of a harsh requirement. life don't have any problem with the idea that you folks would prabab[y like to see some progress on that construction. It doesn't seem to us that it ought to be necessary that thing be absolutely completed and buttoned up and ready to go before we can dig one hale far ane foundation. 111lhat we would like to ask the Council to da is tv approve the construction of that facility in advance that is up front, but allow far the issuance of building permits and the balance of the subdivision conditioned on your satisfaction that there is adequate progress made toward the completion of that facility. I guess what we don't want to da is end up far whatever reason we can't get the darn thing absolutely egg°/~ completed before the time that we are ready to a# least start same of the dwellings out there that we end up having to Lose all of that time. It seems to me that with some work with some staff to have them comfortable that the thing is getting built and second to have same banding in place which the developer is willing to do that your concerns and your legitimate concerns that the facility will actually be built ought to be met without holding up the building permits an anything else out there. I think we all know that it is a fairly common practice to try to build the recreational facilities in subdivisions like this along with some of the first dwellings in the project. INe would kind of like to have the Council consider allowing the project to go forward under those circumstances. That is all I had to say, I would be pleased to respond to any particular questions you might have of me. And as I said Mr. Jacob's is here and he can respond to any questions that you may have of him that have to da with engineering issues. Meridian City Council February 4, 1997 Page 22 Corrie: Council any questions? Morrow: Mr. Mayor, I guess my response Mr. Bradbury would that it was represented to the City in the public hearing that this would be built as part of the improvements. The same improvements of curb, gutter and sidewalk and sa on and so forth. As we bath know you can't sell cats until the final plat has been signed off in terms of at least in our City having thane improvements in pEace. 'ram a construction standpoint I don't see a major problem with all of these things going an at the same time sa that it is in fact completed at the same time as the rest of the improvements are. To separate myself from the issue and address it as a builder. one of the major problems that you have as a builder an lots with these kinds of improvements if they are in fact not buiEt ar not under construction is convincing early buyers that they are going to be there and that they are going to be something to their liking. The advantage of having it done with the rest of the improvements of the plat is that from a marketing standpoint the potential homeowner sees what in fact he is going to get and either he ar she wil! Tike that or dislike it and make their decision based on that. That is a personal opinion ghat won't enter into my desire to go with the representation that we bought off on in the public hearing process. I don't think it constitutes a hardship given the time of year. Bradbury: I guess just in response and I certainly don't want to be argumentative but i guess in my mind I see a difference between saying we are intending to construct them up franc with the subdivision improvements and the requirement that is new being imposed and that was never discussed that all of these things be completed prier to any building permits being issued for the balance of the subdivision. In my mind that is a leap, now perhaps it isn't in yours but in mine it is. I agree with you, I think that in the perfect world it is better to have all of the common elements built and constructed sa that everybody who drives by ar happens to look at the thing can see it and say yes it is there. But of course the practice is to try and be efficient and try to build these projects so that you can shorten the time frame between when you start spending money and the time that you start receiving money from the sales of the building lots. Vlle just don't want, we are hopeful that the Council will take that into account and not hold up the issuance of any building permits just because we don't happen to have the facility entirely constructed and an occupancy certificate issued. The hope and the intention is to get it done as quickly as passibie~ Vve just would like eat to be caught in the Iock step of not being able to ga forward while we are waiting for something whatever that something may be. I can't even predict what it might be and hopefully it will never happen. Anyway, that is what we would like to ask the Council to do, if the Council is so inclined. Corrie: Any further questions? Marrow: Mr. Mayor, question far staff, your response Shari and Gary, da you perceive this to be a difficult issue? Meridian pity council February 4,1981 Page ~3 Smith: Mr. Mayor and councilman, l guess one of the questions not addressing that particular item but we did have a question concerning the width of the driveways. Site specific comment number 4, the comment from the developer's representative was that 15 foot wide driveways acceptable and will work in this development. INe are concerned that is not going to be wide enough. Typically you have a ~0 foot driveway on a double car garage and you need five feet from the edge of the driveway to the property line which is a highway district policy for a residence. I know under the PUD that most all of the rules are tossed out the window and the developer tries to do whatever they can get approval to do. 1Ne don't agree with the 15 foot driveway. Morrow: question Mr. Mayor, Gary are you addressing far example on the plat map lot 4D,1at 35, lot 29, ~3, those are pretty much the earner lots in this layout? Smith: Yes Morrow: If I could answer your question from a standpoint of what we really da in the field with respect to flag lots and driveways. Generally the flag portion of the access to the lat. Gften times your width of the driveway is only 1~ feet because it serves as a roadway because the house itself from a practical standpoint sits back on the body of the driveway, I am sorry the body of the lot and in front of the garage if it is a two car garage. You have ~4 to ~4 feet in terms of width for the parking pad if it is a three car garage you have ~S to ~5 feet of parking pad with full service bays in front of the garage and at that paint it ~inaudible~ and serves as really a roadway from the street to the parking pad. In today's world it is not uncommon on some three car garages where you have an off set face for there even to be an off set driveway parking pad in front of that portion of the garage. Sa I have to tell you from a practical standpoint the request for a driveway that is say virtually wide enough for a couple of cars to pass each other is outside of what the camrnan practice is, ~ 5, 18,18 feet. In same cases you may want that. But that is usually a builder subdivision decision based on the CC&R's in the subdivision and on the design that the builder has approved by the owners association. Sa if you are going to honor, and the other point I wish to make is that on some flag lots there is a Gammon driveway access between two lots such as the case of 35 and 34 where the approach is in common and then it veers off to access each unit and the 5 foot issue with respect to ACHD doesn't apply at ail. Because the property line in fact ends up being under concrete. Thank you Mr. Mayor. Barrie: Any other questions ar comments from ~aunci I? Rountree: Gary, did you have any other concerns ar Shari? Smith: No Morrow: Mr. Mayor, to follow up on Mr. Smith's paint I think it is appropriate that the developer be aware that an the flag lot the throat of the flag Iot is an access driveway Meridian City Council February 4, 1997 Page 24 and not a parking driveway, is that clear and you will address that in your CC&R's and design review process internally. I have a question for staff that comes to mind, with, Gary and Shari, with respect to the club house and the pool as being part of the development process that the on site improvements are being done did you visualize issuing a building permit for that portion at stark of construction. D~ we have a process that allows that building permit for that structure even though the final plat has not been approved. Does that present a problem at all? (End of Tape) Smith: Inaudible} it is not a lot until the plat is recorded. Morrow: So then the requirement of having it constructed prior to the final plat being recorded we wouldn't be able to do is that what you are saying because we couldn't issue a building permit for it? Smith: Vllell this subdivision No. G is a resubdivision of a lot in Number ~. Now if you, I suppose we could issue a building permit far a structure an that lot in number 5 subdivision which is recorded I believe. Rountree: Five is not recorded, but it is going to be 1 believe. Smith: So if number 5 was recorded we could issue a building permit for a structure on lot whatever this lot is that comprises number ~ which will be a different number after it is recorded. Rountree; That could be referenced though couldn't it? Smith: I suppose. The building permit would not be issued until the sewer and water were in the ground, a road base was constructed, the water line was active for fire protection purposes, street signs were installed. I think those are the minimum requirements that we have for a building permit to be issued. Carrie: Are street lights required at that time Gary? Smith: No sir, I don't believe so. Morrow: Mr. Mayan, in a sense then at that point what realty happens is that they are within a matter of a few weeks of having the subdivision completed because basically all you are short is some asphalt for roadways and same street lights and those kinds of things. So, the course of construction with respect to the pout and the pool house or club house then would delay the ability tv sell lots by as much as 45 to ~a days after essentially the subdivision was buildable. Am I thinking right there's Meridian City Council February 4, 1997 Page 25 Smith:l guess 1 didn't correlate those two together. Morrow: All right, my paint is we can't issue a building permit far the pool house or the club house and the pool until essentially we have everything done in the subdivision in terms of development of that. Sewer and water lines, active water, curb, gutter and base for the street. if you can't issue a building permit for the structure until that paint then end it is going to take 5~ days to construct those items then the issue is that you have a subdivision sitting with nothing going on in it awaiting for that 45 days to construct that before you issue other building permits. So, it sits and does nothing. The requirement or the request of number 1 Q and even though the representative agreed according to this that the thing would be done prior to obtaining building permits an the residential lots it seems to me to represent an undue hardship when we could maybe band around that and require by virtue of the bonding being in place a completion date of the pool house or the club house and the pool so that we has a City are guaranteed that stuff is completed prior to the majority of the subdivision being sold off and completed. Smith:l understand what you are saying Councilman, that is a decision the Council will have to make.l think my staff was just making reference to what the representative of the developer had stated at the time they last came before the Council. Marrow: Don't misunderstand the staff is to be applauded for picking that up, it is obviously a representatives mistake but he went to the same school as the goad attorney sa it figures. Thanks Currie: Any further comments of the Council? I think you pretty well gat the eyes opened of what you need to do. if somebody wants to jump in and make a oration and see how it flies. Marrow: Mrr Mayor, I would move that we approve the final plat far the Lakc at Cherry Lane No. 6 subdivision subject to all staff conditions with the exception of No. ~g underneath site specific. And that we require the developer owner to past a bond for completion of the club house and pool 9~ days after the recording of the final plat and acquiring the appropriate building permit. Tolsma: Second Currie: Motion made by Mr. Marrow, second by Mr. Taisma, you heard the motion, anybody need the motion repeated? Any further discussion? Rountree: I am trying to understand the motion. Posting a band 9~ days upon successful recording of the final plat and getting a building permit. one or the other ar both, are they going to be coincident? Meridian City Council February 4, X997 Page ~B Marrow: Na, the issue is that it requires a building permit to start the project. The building permit can be obtained prior to the final plat being recorded by virtue of the streets being in and the scenario that Gary painted for us. But in any event they require that the building permit at final plat date and they have got 9U days to construct their club house and pool and if not then the bond becomes collectible on the part of the City. Rountree: I understand now. Carrie: I will call for the question, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAD ITEM #7: PUBLIC HEARING: REQUEST FOR A VARIANCE BY BUILDERS MASONRY PRODUCTS: Carrie: l will open the public hearing at this time and invite the member of the Builders Masonry Products to came forward. Stephanie Churchman, ~3g0 East Franklin Road, Meridian, was sworn by the City Attorney. Churchman: Builders Masonry Products is requesting a variance from the to and through ordinance. I have reviewed the comments submitted by the Meridian sewer department, the Meridian public works department and Properties west and have addressed each concern below. I will give you a copy of this when I am finished. For the Meridian sewer department to hook up to the sewer system we understand and are in agreement to pre-treat the processed water before discharging to the sewer. An ail separator tank will be utilized in according with the City of Meridian pre-treatment personnel. With the Meridian public works department in reference to the sewer main installation in ~ 995 as park of the Five Mile Trunk Line extension to St. Luke's the Meridian public works department stated, "The applicant did not participate in the cast of the extension nor were they willing to aid in routing." From their comment the Meridian public works department implies we should have participated in the cost of this extension. This comes as a surprise to us. Builders Masonry Products was never notified of a requirement to participate in the cost for the sewer extension. Builders Masonry Products representatives also met many times with consultants retained by St. Luke's and with the former Mayor Grant Kingsford to find the best possible solution. wring one of our first meetings a consultant suggested running the sewer line directly across our property under the asphalt. After much discussion re agreed to this if the construction could be finished before the beginning of our busy season. They stated that this could not be accomplished within the set time frame. This project would have ~' Meridian Clty Council February 4,199 Page Z7 been extremely disruptive to our business. Apparently the consultants agreed and rerouted the sewer line. Builders Masonry Products also feels the coordination of the prior sewer line installation should have no bearing on the approval of this variance. Meridian public works suggests that we be allowed to continue the use of the existing well far the protection of Masonry Products only and that we convert the afficelwarehouse and black plant areas to the City water system. Under this application for variance our plan was to have the officelwarehause area remain on well water and its existing septic system. Builders Masonry Products would make a decision to connect to the city water and sewer system for the officelwarehouseorea at a later time if that need exists. Demanding that we hank up to the city water when we already have an existing well for our facility is unreasonable and puts and undue financial burden on Builders Masonry Products far services that are not needed at this time. Their final statement, "Although Builders Masonry Products wouldn't realize a great benefit from the City's water system they would reap the benefits of the city sewer system" is accurate and the very reason that we are requesting a variance. By connecting to the sewer system we would be able to wash our trucks on site and discharge processed water through the sewer system. The alternative would be to design a treatment and disposable system on siteK There would be na benefit for Builders Masonry Products to extend the water main across the property since we already have an existing on site potable water Weil that is in goad operation and which capital investments have already been made. For Properties vVest Inc., Builders Masonry Products has already stated that the hook up to the city water is unnecessary far purposes at this time. I can give you a cagy of this. Carrie: Council, any comments ar questions of Stephanie? Thank you, is there anyone else from the public that would like to issue testimony on this variance request? Hearing none, Council, question or discussion? Morrow: Just a question, the letter from Properties vUest that will be entered into the public record. Corrie: Any further comments or questions? I will close the public hearing, Council? Morrow: Mr. Mayor, I would like to have nary Smith's comments with respect to this project. Smith: Mr. Mayor and Council, the request was to hook #q the sewer only I believe. fur concerns in the past in particular where just a request for sewer is made is how da we monitor the amount of material entering our sewer, quantity wise, I think in this particular case we suggested that they connect at least part of this facility to the water system. Because of the ordinance requirements that are in existence today that permit the City Council to require a development or a property that is within 390 feet of a City facility to connect within ~ 5 days after notice. That is part of the ordinance, Vlle don't have a problem with there using their well for their production water. I don't know how r. Meridian City Council February 4, ~ 99l Page ~S much water they use, maybe they can give us some indication. But, under our present water demand for the City I would make the same statement, I don't remember who it was recently #hat was requesting to utilize ar to connect to City Water, Mountain View Equipment wanted to utilize city water for only fire protection because they had an on site well and I didn't have a problem with that particular request. They are in the County. Morrow: Mr. Marrow, question nary, I have worked on industrial projects where vn the project by virtue of the special circumstances there was a flow meter station witf~in the sewer line that monitored the actual flow yr the out flaw from the industrial entity and then they were billed according to that actual flow in that flow meter station and it is recorded ~4 hours a day. ~a we have provision in our ordinance to allow far that type of station? Smith: I don't think our ordinance is specific to the type of monitoring that would be installed but there are electronic devices that are available to monitor flow on a recorder. Morrow; And that would be maintained by the owner and read by the city if it is a normal application. Smith: We would have tv make a provision, we don't have one of those in the system at this point, Wane axis#s. So I am a little bit ignorant as to what that wi11 actually be, what that piece of equipment looks like and how often we would have to physically read it, remove charts or whatever it might be. But I am sure that equipment is available. Morrow: I have actually worked an projects with those and it is readily available and the system .seems to work pretty well, I think as we develop mare of an industrial base we will have more of those site specific things if we want to have in position including pre- treatment and thane other kinds of things that are designed specifically far a user. If this is a case far that, Smith: If we don't have a water metering device available that is correct. Water coming through a meter that we can relate to what is going into the sewer. Rountree: ~uestian for Mr. Smith, do we have any numbers that relate to capacity demand from this user and the type of discharge that we would be receiving? Smith: No I don't. Churchman: According to your question we have our engineer that is representing us from Century West he can address that question if the Council allows? Corrie: Do I need to open the public hearing back up? Meridian City Council February 4,1991 Page 29 Crookston: Yes Corrie: I will open the public hearing backup. John Schwartz, 557 Fairview, Boise, was sworn by the City Attorney. Schwartz: There are a couple of things that I would like to mention and this is my discussion with the folks over at the sewer district. I understand what Gary's concern is, I was led to believe that the time that there were other ways to quantify the flows that are actually going to the treatment system. one would be to give our best estimate as to how much water was being generated from the industrial processes and also from the wash racks and so forth and take an average that way and be billed on that type of basis. There is the other mechanism that you mentioned that we could put in a flew meter that would measure the depth of flow over time and from that you could calculate the volume that would be going out through the lines as well. My concern is additional to that and you folks have this drawing in your package. The building that we are looking at hooking up to is the block plant building which is probably 50o to bog feet south of where the main line runs across Franklin. The Masonry Builders Center at this point is not looking at the option of wanting to hook up the building that is up front which is where the warehouse and office facilities are located. So to best serve their needs it doesn't make a whole lo# of sense tv be running that water line through the full length of their property and then have to run a 5gg to 60o feet to the south to run down to that block plant because they want to run a sewer line to that particular facility, The sewer line itself runs if you will to the east ar to the right side of that page or down along where that description of basin two is. It is about a 40o to 5Ug foot run to make #hat connection to the building. Again to make the requirement to run that water across the foil length of the facility and then all the way into the block plant to accommodate relatively small flows I think is a pretty heavy requirement on that. The estimated flaws are probably going to be maybe on the order af, well they have three drains into the cure room that they want to connect and then they have tv deal with the wash area, So at best you are probably going to be looking at maybe 15 to ~D gallons an hour going into that facility. I am not sure if that addresses all of your questions an volumes. So the flaws themselves are pretty insignificant it is just the issue that they want to use the vehicle was rack which is shown Here on that drawing as well as run some other industrial drains into the system. In my mind I think it would be best served to allow us to estimate the flows to the system. I know it is easy to say we have a connection to the potable water line and you can put a flow meter on it. In this particular application you have a block plant that is using a lot of water into the process of hatching of concrete and so forth. Ta be using a flaw meter on the supply lines to calculate the usage of the sewer lines I think would be a major injustice as far as the actual quantity of water going back to the sewer system. Sa either a flow meter in line or estimating the quantities per month that would be agreeable to the sewer district l think would be the best approach for the cf lent. Meridian City Council February 4, 1997 Page 30 Morrow: Mr. Mayor may I respond, the conoept Mr. Schwartz in terms of the flaw meter was on the sewer line not on the supply line. The flaw meters that I am familiar with are actually on the sewer line. Schwartz: I understand that, but I believe Mr, Smith's comment was if you monitor the flow going into the facility then you charge that for the flow going out of the facility on the sewer sines, da I understand that statement? Smith: That is correct, that is what our ordinance requires on a commercial business. Schwartz: I don't think that is really represented here, it is not as if all of the water inaudible} where they are going into a sanitary rest roam facility where the water in pretty much matches the water going out that really doesn't apply here. Morrow: vllell to take the point to clarify it a little bit more far you and my reason for discussing industrial uses and the need far us to begin to Iook into discharge flow meters is that in certain processing facilities they supply themselves with clean water which is well water and then they discharge major volumes of water into the sewer system and a city has now way of monitoring that except by virtue of a flow meter an the sewer line discharge side. What I am suggesting to you here is that you have the reverse where you use a sot of water if it were supplied by the City to use that water usage a means of calculating your sewage uses would be unfair. Sa in this case and in the former example flow meters on the sewage discharge side or the best and fairest way of monitoring that usage. Schwartz: I agree to that approach but I think to take it a step further to require a client to comply with the to and through policy and run a water line for the full length of their property because they want to make a connection to the sewer system when they are willing to pay a hook up fee of ~640g to $1D40 to make the connection to the line to defray the cost of running the line and building the facilities. In addition to that to run the line through the property and make them hook up to it when they don't need to I think is a little excessive. Marrow: Another comment Mr. Mayor, I think ultimately Mr. Schwartz for purposes of corporate planning the realities are that is going to happen before very fang given what we are seeing going on in the sewage treatment business, The days of individual septic systems and those types of things are rapidly coming to close and I think that the issue here is that if it is not required at this time it will be soon so you need to adjust your plans accordingly. The two and through policy is a fair policy for land owners on down to develop. The question is that if it is paid for by somebody else then at such point in time when this focility hooks onto that water supply which is coming then they are unfairly enriched at somebody else's expense and I don't think this Council or future Meridian City Council February 4, ~g97 Page 3~ Council's is going to allow that to happen. So it is a question of timing as to what it is you are going to pay is what it boils dawn to. Schwartz: Vvell I worked on a similar project up in Idaho Falls, not to bring another project into this scenario, it was that same type of a situation where the City of Idaho Falls was requesting a client to bring a sine up through the full length of their property which amounted to probably ~/ of a mile, it was probably an $B~,gBg installation and they only wanted to install a fire hydrant to protect one of the petroleum tanks, The City did give them a waiver saying it wasn't necessary to run the line for the fu11 length of the property because it wasn't really that much of a beneficial use for the people on through on the other side of the property at that #ime. So it seems to me that there may be same flexibility here to either delay the requirement or to waive it altogether and that is what Builders Masonry Center is inaudible}. Marrow;l have no more questions Mr. Mayor. Corrie: Council, any further questions or discussions? Rountree: I just have a clarification I guess I need from Council. It seems to me that what is being asked for is only one part of the equation, a variance to hook up to the sewer. It seems to me that there also needs to be a variance to our existing ordinance at that their request to not hook up with City water. Isn't that a requirement of our ordinance that they do that? Crookston: If they are within 3Bg feet of city water they are required to hook up to both sewer and water under our ordinance. Rountree: And that is the case? Smith: Yes sir, Morrows Did I understand you Mr. Smith that the water is at their western boundary. Smith: Yes Morrow: So to follow up on Councilman Rountree's point, are we short a variance here Counselor or is this variance inaudible} asking far both Corrie: Well they are requesting a variance Mr. Morrow from the to and through ordinance. Rountree: That is the request for the variance? Morrow: For the water Meridian City Council February 4,1997 Page 32 Corrie: For the water, and then they are asking for variance that they don't have to hook up to the water, but they want to hook up to the sewer. That would not be a variance. But they don't want to da the to and thraugh nor do they want to hook up to the water, is that correct? Crookston: The to and through is in both the sewer ordinance and the water ordinance. Corrie: So then counselor, if l am not mistaken they would have to get a variance bath ways? Crookston: That is correct if they are within the 399 feet. Corrie: vVhich they are. Smith: Mr. Mayor, the sewer is already existing along their east boundary. Sa their only involvement in the sewer would be to construct the service line from their facility to the interceptor. So it is to and thraugh on the water is the variance request. Morrow: And the requirement to hook up to water, it is two fold right? To and through and hookup. Smith: Correct. The connection to the sewer line is going to require crossing Five Mile Creek i believe that is going to require a corp. of engineers permit. l would also respectfully request that a metering device be required to measure the discharge to the sewer. And that our comments from our ~lllaste 1l11ater Superintendent be required as part of the agreement if that is agreed to. Corrie: l have a question Counsel, if we have a development on the east side of this development, who puts in the water line to those people? Crookston: It depends on where the necessary flow would have to came from. It would be, if they put it to and through their property to the water and it goes to the edge of their line to service property to the east of their property the developer of that property has to pay for it. Corrie: If we give them the variance then the person that wants to develop next to them do we come back on the property owner of Masonry and they have to put that to and through at that time to extend water to those people so they can have water and sewer. (inaudible). Crookston: I believe that would have to be part of the agreement if that was granted. That should be part of the variance or conditions (inaudible). Meridian City Council February 4, ~99~ Page 33 Morrow: Mr. Mayer, as a point of fallow up, if memory serves me there is a development application before us nawforthe property immediately an the east side. Corrie: That was my point. Morrow: It is far that 40 acre parcel and we have approved I believe the first phase of that ar are in the process of approving that first phase plat which is the northeast corner ~f that ~D acres that currently borders what is now called Locust Grove. Gary on that proposal where is their water coming from, do you remember? I don't remember the presentation? Smith: The Tamura Berry project, that is coming off of Lanark and Locust Grove extension of that water line for that first phase. Eventually it would be extended down Locust Grove and Franklin and then west along Franklin. Morrow. To create the loop. Smith: Correct Rountree: Sa this would be the completion of the loop? Smith: Yes Rountree: Could that be a condition of the variance, Morrow: Ilvell I think in terms of the variance is yes it will probably be a condition of the variance but we are talking a matter of months here not years. Bentley: Mr. Mayor, in our packets there are comments from Chief Bowers on this issue, it states that we need this line to run and tie into the loop system to get the water flaws brought up and in other areas. Pius we need the fire hydrant. Sothis line is going to have to be put in soap. Corrie: Are you fallowing what we are saying here. If you are ready to make a motion then I will close the public hearing. Churchman: There is also another development that we have, I think it is Properties Vvest who is directly across the street from us on Franklin to the South of us, and I don't knave haw far along they are in their development process. But that would close the loop and there are options there that dawn the road ~vuld share the cost in an equitable manner. Corrie: vllauld that work Gary? Meridian City Council February 4, 1997 Page 34 Smith: Yes Morrow: Question Gary, does the Properties vl{est proposal project go that far west, 1 thought the Properties west proposal was primarily the property an top of the hill to the east of this site. Smith: I think without a map in front of me I think it is just about directly south of Marketplace. Morrow: (Inaudible) part of the cemetery and a couple of brick houses and then the property west property? Smith; The houses l think are mostly across the street from the industrial park, Meridian Industrial Park. I think that Barnes' project is just about straight across the street from Builders Marketplace. Marrow: , To gv back and revisit this, on the corner, the 4~ acre parcel of the original parcel that McClure's had is an the corner of the southwest carnet of Locust Grove and Franklin Road. Now the five acre portion ar whatever it is that is actually that corner is not part of the Barnes proposal. Smith; That is correct Morrow: Then what happens is that essentially that proposal is the property an tap of the hill, right? Smith: There is a narrow little strip between the five acre that McClure owns and I think the beginning of the Barnes piece which pushes it farther to the west. Morrow: But the properties west proposal has the obligation to take the line to and through his property and his property is not in common or is in common with part of the Builders Masonry property. Smith: I think it is pretty close to being straight across, south. That is what Stephanie said that cast could be shared between the two properties. !don't recall where Mr. Barnes is in his proposal. Marrow: He is in P & Z somewhere. Smith: I don't know haw fast the phasing of the Tamura-Berry project is going to move forward, it has been quite a while getting through this first phase I know that. It could be awhile before TamurawBerry makes the corner on Locust Grave and Franklin and heads west. I just don't know what their schedule is. Meridian City Council February 4, 1997 Page 35 Morrow: Well the soap system that Chief Bowers refers to doesn't occur until that turns the corner and gets to the west in any event. Rountree: You can close the hearing as far as I am concerned. Corrie: I don't know what is going on down at the end there but we will go ahead, I wilt close the public hearing. I guess we can entertain a motion for findings of fact or any further discussions, it is entirely up to you. Morrow: I guess for point of discussion to give the owner from my perspective where I see this thing going is that I do see a flaw meter flow station mandatory to monitor the flaw sa it is both fair to the City and to the owners. i do see if a variance is to be granted from my perspective the requirement when the water line needs to be put in it gets put in and it doesn't hold up anybody because development is well undenrvay in that particular area. I think those things need to be addressed so the delay is inaudible}. That is my position. Carrie: Any further comment of Council Rountree: I would agree with that summation if we were to act favorably an the variance request those would be the minir~um conditions. Morrow: Mr. Mayor with that, I would move to that we instruct the City A#torney to prepare findings of fact and conclusions for the variance requested by Builders Masonry Products. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to direct the City Attorney to draw up findings of fact and conclusions of law for the variance request by Builders Masonry Products, any further discussion? Hearing none, afl those in ~avar? Uppo~ed? MOTION CARRIES; All Yea ITEM #8: CONDITIONAL USE PERMIT FOR A TAEKWANDO SCHOOL BY JOHN AND BECKY SCHIEBOUT: Corrie: Would John or Becky or their representative come up first. Is there anybody from the Taekwando School here? Morrow: Mr. Mayor that being the case I would mane that we table to our meeting February ~8. Meridian City Council February 4, ~ 997 Page 3B Rountree: Second Corrie: Shari? Stiles: Mr. Mayor and Council I don't know why they are not here tonight, we did try to expedite this so that they could get in as soon as possible. Corrie: They did know it was tonight? Stiles: They were informed it was tonight. If you are not familiar with it, it is the Idaho Tent and Canvas school, they may have misunderstood and thought if they had no problems with the findings that there was no need to be here. Corrie: Was there any testimony at the public hearing for them? Berg: I don't believe there was any public testimony for them at the public hearing at the P ~ Z level. It was dust their explanation and comments, to the staff comments. Corrie: Since 1 have a motion on the floor I would need to have the motion rescinded and the second rescinded if that is so desired by the Council. Marrow: Mr. Mayor, although I prefer testimony by the applicant on any issue, based on Shari's input I would withdraw my motion to table to the ~8~~. Rountree: I will withdraw my second. Corrie: The motion has been withdrawn. Bentley: Mr. Mayor, I have a question for Shari, did you address the signage in this Did you address the AWframes'? Stiles: Yes I did. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions as prepared for us by P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we accept the findings of fact and conclusions of law that were drawn up by Planning and Zoning, any further discussion? Roll cal! vote. ROLL CALL V~T~: Morrow -Yea, Bentley ~ Yea, Rountree -Yea, Tolsma ~ Yea Meridian City Council February 4, ~ 997 Page 3l MOTION CARRIED: All Yea Carrie: Entertain a motion for the conclusion. Marrow: Mr. Mayor, the City Council of the City of Meridian hereby approves the conditional use. permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City council That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving, landscaping requirements, all staff conditions and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant from the City. Tolsma: Second Currie: Motion made by Mr. Morrow, second by Mr. Tolsma an the decision and recommendation, any further discussion? Hearing none, all those in favor? apposed? MOTION CARRIED: All Yea ITEM #9: CONDITIONAL USE PERMIT FOR A CRAFT STORE WITH AN ESPRESSO SHOP BY CLIFF & LISA SEXTON AND STEWART AND KRIS HASKELL: Haskell: I am Stewart Haskell, l am representing my partners and my wife. The business in question is at 14~ East Carlton. I live in Boise, I don't know if that makes any difference to you ar not, i retract that last statement. fur intentions are to operate a craft store with an espresso shop on the side to enhance the, one to enhance the other. The craft store is currently under the transfer of a canditianal use permit far the Flowers of Nature shop that was therer before, And now we are here to get the conditional use permit to add the Espresso shop to the building as well. VVe have a few questions about some of these facts and findings that I am not real familiar with, this is a first time process far me ar~d my partners. Hopefully you can answer those questions forme. Actually I believe this all starts with number eight, is that correct, 8 on page ~ D, is that where the requirements start there? As far as the conditions placed an the granting of a conditions! permit to minimize adverse impact on development recommended by Planning and Zoning. I assume that 8 alpha and brava Chase are the conditions. Weil I am going to start right off the top here, I notice in 8b, that Ada County Highway District is not listed as one of the required people to sign an this, but they have put their input in and they do need to sign off on it ar something along that line. Rountree: That is actually covered by $c. Haskell: Right, but it wasn't listed here nor was it listed back here in the decision of the Planning and Zoning Committee. That really is the, ACHD's requirements ar Meridian City Council February 4, ~ 99l Page 38 recommendations or, that is what we have the mast concern with because we ready didn't plan on spending that extra money to put in new curbs and gutters. i don't know, I may be wrong in the way I read this, but the ACHD statement here on their facts and findings under b, it says that it meets their standards and policy, the site itself meets their standards and policies but it could be made to conform with their requirements. Then the next paragraph down says that ACHD doesn't have a problem with the site unless the si#e itself is going to be changed. At this point in time we have no plans in changing the site and so I guess what I am asking is are we stiff going to be required to put in new curbs, and gutters with the approach cuts and the pedestrian ramps on the corner? Marrow: Inaudible} approval of the original flower shop ~inaudibie} immediately to the south those requirements were not waived inaudible} it did put in a pedestrian ramp on the corner. It is my understanding from talking to the inspectors involved in that, that ACHD is aware that the requirements ~inaudibf e} chose not to enforce it because it had been waived on the corner site that this application is for inaudible} are that at same point in time that the whole site would be re-developed and that at that juncture inaudible} curb and gutter and curb cuts would all be ~inaudibie} so that was the reasoning behind the waiving of the requirements and the prior usage as a flower shop. Haskell: The pedestrian ramps on the corner really I checked with Jeff Lincoln aver at Record Steel and ~anstruction and he gave me some estimates on the entire curb and gutter as well as the pedestrian ramps and the approach. The pedestrian ramps really wouldn't be that much of a burden, !figured around $25D to put those in. So we can do that right now. The curb and gutter is rather expensive and it is going to be, I figured this all up, it is pretty close to around $40DD to replace the curb and install new curbs and gutters. That, like 1 said, that wasn't a cost that we had figured in far our start up. But like 1 said, the pedestrian ramp we can put those in. However, there on that corner of 2~ and Carlton there is a storm drain there that sits up higher than the carver itself. So if there were heavy rains or anything the water wauid build up and flood out that pedestrian ramp before it would go into the storm drain. So i don't know that could cause a problem there. Morrow. The other part of the issue though would be and not to be technical (inaudible) is substandard in terms of (inaudible) double transition, you have to do the curb and gutter (inaudible) Although I think your cost estimates are really optimistic I don't think it is taking into consideration those technicalities that are involved with that particular site and curb and gutter (inaudible). If you physically took at the pedestrian ramps on the Alger site you can see where the transition of (inaudible) and those were not done quite correctly. So at some point in time the curb and gutter is replaced part of that stuff has to be dug out (inaudible) Haskell: Well, we would like to request that the curb and gutter at a minimum be postponed if not waived as well fcr us. But at a minimum postponed until we can get Meridian City Council February 4, 1997 Page 39 our business on our feet and create some cash flow to where we can put that new curb and gutter in, So I guess I did misunderstand the reading of those paragraphs that said that it does conform to their standards but it can be made, do I misunderstand that? ! know when we were at Planning and Zoning there was some confusian with Mr. Borup and Mr. ~slund as to the exact meaning of these two paragraphs. Morrow: I think the answer is yes and no. The confusion is Haskell: That is basically what Mr. Borup and Mr. ~slund said. Morrow: The confusian is when the ACRD inspector himself comes out he will say that this portion conforms, this portion doesn't conform and it is a real, basically it is kind of a mess. It is a situation where you are trying to integrate new with the old. Again to go back to the ~inaudible~ but with the provision that if the property is redeveloped meaning that you do a substantial addition or something or you demolish a structure and use the site to build a totally new building then all of the provisions of ACHD would be required inaudible} because it is a total rebuild or it is a major add on, whatever the case may be. If you are not ~inaudible~ then there is some real rationale with waiving those requirements. Haskell: UVell as far as the site itself goes a# this point in time we have no intentions of changing anything on the site itself. You should have the drawing of the house itself and basically all we are going to do is put a coffee shop in this 8 foot by 24 foot porch. There is really going to no change to the site itself other than the building of a pedestrian or a handicapped accessible ramp from the loading area. Vlle were thinking that we would put handicapped parking right here in the loading area or slash driveway if that would be acceptable so tha# they have easy accessible to the walkways and the ramp up to the east door there into the espresso shop. ether than that, that is all the site plans changes that we have at this time. Now eventually if our business really picks up then we may add a parking Iot back here in the grass area and then at #hat point we would conform to the curb and gutter requirements with the approaches and those other items. Rountree: Da you have any other comments on the findings then? Haskell: I just had some questions is all. As I start through, okay, outside lighting, basically we are just going to provide security flood lights, outdoor I'rghting type stuff. The, now on the signage, there is already an exterior sign there and I assume that has been permitted and do I need to provide or obtain a permit for that sign at this paint? I am sure that it must meet the standards of the City, I don't know Stiles: I am not aware whether a sign permit was obtained for that or not. I don't think there is any problem with the sign. J.. ~r Meridian City Council February 4, ~9g~ Page 4D Haskell: My next question is Mr. McCoy was concerned about flashy neon signs ar whatever. Do we need permits for interior neon signs, open and close ar espresso signs? Bentley: Just so the airplanes don't start landing. Haskell: Not a problem, I did have a question about the A-frame signs though. It says in here they are not permitted however as we drive through Meridian up and down the streets the A-frame signs are al! over the place. Rountree: And they are not permitted. Haskell: (Inaudible) Corrie: You would probably get it taken down, Haskell: I understand, that was dust a question I had. Bentley: It is being worked on. Haskell: Where can I get the life safety requirement codes from? Stiles: The building department would as part of your inspection. Haskell: So building department and fire department, okay. The underground sprinkling, is that something if I am going to change my landscaping I need to require underground sprinkling? fir, does my existing property need to be underground sprinkled or is that~ust for parking? That is item 12 inaudible}. Stiles: Are you currently flood irrigating? Haskell: Yes it does have flood irrigation. Stiles: I don't believe that we have been requiring people to quite flood irrigating however if you did want to do your parking lot and we would expect it to be done when those improvements are made. Haskell: I figured that was probably parking lot areas, Vile are in the process of obtaining a letter, a notarized letter from Mr. Brewer about using his, backside of his mortuary parking as an off site parking and inaudible}, l have called Mr. Freckleton and gotten in touch with him about the sewer. ether than that, Central District Health I have contacted Centro! District Health and they have given me the requirements and everything for what needs to happen and I will dust obtain the appropriate permits, I have already gotten a plumbing permit and any other work that needs tv be lane. Qur r Meridian City Cauncil February 4, ~g9~ Page 41 main concern was the curb and gutters. Is there any kind of program that is available that we can sign up for} The lady at the Highway District had told us that there was some kind of neighborhood enhancement project that you could sign up for to get help to pay for the curbing and guttering or put a lien on the house. Morrow: I think what she was referring to was an LID, an LID is a fairly complicated process by which you have to have several neighbors come together and sign and it requires a majority of 75°/a or 80°/0 or something like that, it is a major majority, fig°/a approval and then you take on yourselves as that group in terms of the LID and do the approval. It is not normally inaudible} it would be a whole neighborhood. Haskell: All that I asking that we either postpone the curbing and guttering ar just waive it. That is a!I I have. Carrie: Thank you, Cauncil, any further comments or questions of staff? I guess I will entertain a motion on the conditional use permit, on the findings. Rountree: Just far discussion I and per the applicant's request the item I believe he was concerned with is on page ~ ~ of the findings of fact and conclusions is it item C3. I am not sure replacing the curb and gutter at this paint in time is parkicularly necessary in that part of fawn. I would suggest that we either delete item 3 or rewrite it to state that the applicant shall not be required to replace damaged curb and gutter at this time. Marrow; If I could discuss that a little more, I guess from my perspective we have some problem with some other conditions there. The applicant shall construct a 1 ~ to a ~~ foot wide curb cut on ~~'~ Street located a minimum of 5D feet south of Carlton Street. UUhat is the purpose of tha#? Rountree: I think that is if they choose to put that loading area in there. There is a driveway and (inaudible) Morrow: I understand that, but it seems to me that the way it is written if we adept that in that format he is going to do it whether inaudible} Rountree: Inaudible} condition the requirement on them putting in the loading area and getting a permit to do such. I assume that would require a building permit. Morrow: U1lell at the very least it requires far a curb gutter permit from ACHD to make the curb cut in which case then the conditions apply. Rountree: There is already a condition they have to meet ACHD's permits or needs to get a permit to do the work in the public right of way, That also ties into item 5 about paving that particular driveway. That would be covered by City ordinance that if they put in a driveway it has to be paved. Meridian City Council February 4, 1997 Page 42 Marrow: Well is that item 5 in your interpretation ar is ACHD mandating that they have a minimum of a 3~ foot driveway in terms of length is kind of what that tens me. Rauntree: Yes, if it is going to be 2~ feet long they are kind of out of luck. Morrow: I am not sure that given the distance to the garage or wherever that is, if they have got 30 feet that they can (inaudible). Haskell: As far as the curb cuts, there is already an existing one there far that driveway but it is not 15 ar ~a feet, it probably more like 12 feet, The driveway itself is not made of grave! it has two paved strips that run up with grass in between. I think when we talked to a lady at ACHD her main concern was that it wasn't a gravel driveway that when we backed out it would be gravel into the street. Morrow: Well (inaudible) document is written it appears that they have to do that (inaudible) to say that if (inaudible) driveway that it will conform to the ACHD standards. Rauntree: I don't have a problem with that, the easier solution would be just to delete items C2, 3 and 5 from the conditions. Corrie: I don't understand, you are not going to be building anything at al! because they are going to charge you impact fees if you start building there. Haskell: There is no construction as far as, no construction, just interior remodeling. corrie: Because there is an impact fee they are going to tag onto you. Haskell: No exterior construction. Marrow: Mr. Mayor, I would move that we grant the conditional use permit far a craft store with espresso shop. Mr. Mayor, I retract everything I said thus far. I would move that we adopt the findings of fact and conclusions of law deleting under item C, page ~ ~ conditions number ~, 3, 5 on page 13. Rountree: Second corrie: Motion made by Mr. Morrow, findings of fact and conclusions of Commission with the exclusion of item further discussion? Rail call vote second by Mr. Rauntree that we approve the law of the Meridian Planning and Zoning ~ on page ~2 and C3 and 5 on page ~3, any RNLI- CALL V~TB: Marrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea 4 Meridian City Council February 4, ~ 99l Page 43 MOTION CARRIED: All Yea Corrie; Canclusion~ Marrow: Mr. Mayor, I would move that the City Council of the City of Meridian approve the conditional use permit requested by the applicants for the property described in the application with the conditions set forth in the findings of fact and conclusions of law as amended or similar conditions as found 3ustified and appropriate by the City Council, that the property be required to meet the water and sewer requirement, the fire and life safety codes, uniform fire codes, parking, paving and landscaping requirements and all of the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicants by the City, Rountree: Second Corrie: Madan made and seconded on the decision and recommendation with the inclusion of as amended after conclusions of law, all those in favor'? Opposed MOTION CARRIED: All Yea Marrow: Mr. Mayor, as a point of discussion here should this pedestrian ramp prove to be unfeasible inaudible} should the drainage problem prove to make that thing unfeasible I think there aught to be some flexibility that they not have to do that. Rountree: 1 agree, if it (inaudible) possibly that is something that staff and the others can work out with ACRD. Corrie: Staff do you know what you are do with the recornmendatian of Council on the water issue and you accept that responsibility without mental reservation or hesitation whatsoever. ITEM #11: VALLEY SHEPHERD CHURCH: REQUEST FOR HOOK UP TO WATER AND SEWER: Corrie; Is there a represen#ative from Valley church here tonight? Roylance: Mr. Mayor and City Council my name is Dave Roylance, [ am a civil engineer and land planner representing the Nazarene Church. In the audience is a few of the church members here, you probably know them, Dale Ownby, Randy Peterman inaudible} they are here an behalf of the Nazarene Church. Vllhat we are requesting is water and sewer service to our project that is 34 acres located inaudible} Corrie: David, I hate to interrupt but can you get closer to the mic. Meridian City Council February 4, 1997 Page 44 Roylance: 1 wrote you a letter on January ~St" of this year and maybe what !will do is just paraphrase or read parts of that to explain our request. The Nazarene Church 'rs attempting to purchase approximately 3~ acres immediately south of Elk Run subdivision No. ~ on the west side of Meridian Road. The property purchased is subject to obtaining adequate sewer and water facilities along with other utilities and the correct zoning and approvals to allow construction at the facility. It has been the intent of the Nazarene church to submit an annexation and rezone request to the City of Meridian and we have diligently pursued that objective far the past few months. 1n order to be annexed into the Gity we must be contiguous to the current City limits. There is one property owner between us and the existing Gity boundary and currently that property owner after thought and study doesn't wish to be annexed into the City. We have aggressively pursued this anne~cation route and all other annexation routes without success. 1n order to develop this property we are left with one option. We would like to submit a land use application to Ada County and seek approval with City water and sewer. It is doubtful that Ada County will support the project without central Sealer and Water S@NICeS. Vl~e anticipate that in the near future there will be an annexation path to Meridian city limits and when that occurs we agree to annex without delay. V11e are currently in the impact area of Meridian Gity and agree to comply with all Meridian city requirements and recommendations including the Meridian city design review of the project and facilities and executing a development agreement if necessary, 1Ne propose extending the sewer and water mains south along Meridian Road to our project at our expense and in conformance with the requirements of the Meridian Gity Engineer. So in a nut shell l guess in summary we are about ~ ~5 feet away from being contiguous and despite our best efforts We can't get contiguous, we can't get a path. vUe don't think that we can develop it, with septic tank and wells and we really want to be in the City. lltile want to be served by the City and that is our request. UVe are in the urban services planning area. Vve think in the near future that being that close that there will be a path, And as stated the second there is in a heart beat We will apply for annexation. ~a that is our request. Gorrie: !have no questions of David 1 have one of Gary. Rountree: Da you have either an on site well or plans far a well for irrigation purposes? Roylance: There is an an site well and 1 think we will convert it to irrigation uses. ! believe there is on site surface water and if there is to the extent possible We want to use that to irrigate the bigger areas, soccer field and park. Gorrie: Any further questions of David? Thank you, questions of the Council to staff? Morrow: Technical question Gary, why is the sewer line short of what it is on the plans, da we know that? Meridian City Council February 4, 1997 Page 45 Smith: Yes sir, US (Nest fiber optics strayed outside of their easement along the west right of way line of Highway B9. When the contractor exited Elk Run No. ~ with the sewer and installed his manhole and turned to go south he clipped the fire optic conduits. They are outside of their easement, we have contacted the State Highway Department, the S#ate Highway Department has contacted them and US !Nest tall them that they are going to have to move their fiber optics and US West said no we are not. So there is a bit of a stalemate there. Bentley: Finish clipping it. Smith: In order to continue south the only option that we have with the sewer is to move out toward the road and get into the shoulder of the highway. The State Highway Department doesn't want to talk to us about that. So it is a little bit of a difficult situation and I am not sure how it is ever going to get resolved. Rountree: Maybe this is an opportunity to get it resolved, Morrow: 1Nell very candidly I guess the issue boils down to that is what aught to be done, Inaudible} outside of its deal and it gets cut, the person doing the cutting has no liability. Smith: Dan we quote you on that Councilman? Crookston; Mr. Mayor, the City does have condemnation authority and if we have to do that we can do it, If it is outside of the easement inaudible} if it is not a proper use of the easement we don't have to pay anything, I don't believe we have to pay anything. Smith: Should we proceed on that basis then, can our City Attorney advise me of how we should proceed to get that sewer line finished to the underside of the Kennedy lateral where it is suppose to be. Bentley: Yes Carrie: Do you want a vote on it, it is a consensus of the Council on record that is what we wi I I do. Rountree: I have a question for Gary, do we have the water's Smith: Yes, the water is on the east side of the highway and it doesn't seem to be, nothing is interfering with its extension. Rountree; Do we have sufficient water supply for this development to take care of bath potable and fire supply? Meridian City Council February 4, ~ 99l Page 46 Smith: 1lve should have, well no. ~ l is going to be coming on line within a couple of months. This is in that high pressure zone so we should be all right. They will have to bore under Highway 69 to get water service to this property. Corrie: Any further questions? Marrow: I have one question, with respect to the property that doesn't wish to be annexed, obviously the sewer line is going to come across the front of that is there not a provision far fate tamers so that these folk could recapture same of their cost from that piece of property? Smith: Yes Carrie: I guess we are ready for the question on the request far hook up to water and sewer then. David how soon are you going to plan an start building in there? Roylance: Start building, that could be awhile we still have to go through the Ada County processes, then we have to do atl of the punning and that. Does anybody know when we might start building, it could be a ways out inaudible}. Corrie: Two to eve years, thank you. You may be annexed by the time inaudible} Morrow: I would move that we grant the request for the hook up to the City water and City sewer services to the Valley Shepherd Church subject to ordinance conditions, Rountree: Second Corrie: Motion made by Mr. Marrow, second by Mr. Rountree that we grant the request for sewer and water hook up be granted according to ordinance conditions, any further questions? Hearing Wane all those in favor? ~ppased? MOTION CARRIED: All Yea ITEM #1~: Vl~ATER1SEUVERITRASH DELINQUENCIES: Carrie: This is to inform you in writing if you choose to you have the right to a predetermination hearing at 1:3g P.M. Tuesday, February 4, ~g9~ before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your water, sewer or trash bill is delinquent. Yau may retain counsel, this service will be discontinued an February ~ 2, ~ 9g~' unless payment is received in full. Is there anyone present that wishes to contest their water, sewer or trash delinquency? Seeing Wane, they are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they do appeal their water will be shut off, the amount of the ~. Meridian City Council February 4, 1997 Page 47 turn off list is $7,739.74. I will entertain a motion for the turn off schedule to be approved. Bentley: So moved Tolsma: Second Corrie: Motion made and seconded for the approval of the turn off schedule, all those in favor? Opposed? MOTION CARRIED: Al! Yea ITEM #13: APPROVE BILLS: Bentley; Mr. Mayor, I make a motion we approve the bills. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree for approval of the bills, all those in favor? ~ppased? MOTION CARRIED: All Yea ITEM #14: DEPARTMENT REPORTS; Corrie: Gary Smith Smith: Thank you Mr. Mayor, Council members, first item concerns the concept plan or the preliminary plat far Tully Park. I am here this evening to request any comments that you may have. !have received some comments that Cauncilr~an Rountree forwarded to me from the Parks and Recreation Commission, which I distributed to you on January ~5t". Also today I received a preliminary set of drawin s that are stain ed l5°l0 g p complete. If it is your wishes to makes same changes to the original plan that was submitted to you in line with what the Parks and Recreation Committee has suggested I would really like to have your decision so that we can proceed because we are getting to a point with this consultant that we are going to have to quit Bentley: Gary, on the drawing, I don't know if I spoke to you about this or not. I talked with the Chief and we talked about not doing any paving along the fence line. Looking at this latest drawing they were going to pave through about 3 ar ~ lots for a walk way. The chief and I both feel we should move that down to where you have the basketball courts along the wall that it splits between there and goes direct to the rest roams. That way you can prevent the kids from being on their roller skates and roller blades and skateboards and raising noise at the back of those lots. Do you understand what I am Meridian City Council February 4, ~ 997 Page 48 saying? Bring me your drawing. (Inaudible) that way we can keep the kids away from the back fences. Is that doable? Smith: ~lnaudible} so you want the pathway to split the basketball court and the gravel road would remain where it is, is that correct? Bentley: Right Smith:lNhere does the pathway go once it gets to the restrooms? Does it stop at the restrooms? Bentley; Right and continues dawn toward the fountain, ar you took out the one to the fountain didn't you? Smith: No Rountree: Gary actually suggested that it be retained to provide access to the ball fields (inaudible) Smith: Vlfe need same way to get things back and forth across there. Morrow. So if I understand this right you are coming off the (inaudible) and then down between the baseball diamonds to a point on the north boundary, is that what (inaudible). Smith: That is the sketch that you have in front of you (End of Tape) Morrow: (Inaudible) #hen it continues down here (inaudible) road stays a gravel surface as opposed to being paved. Bentley: Mr. Mayor, l have one other question Gary, are we going to put sidewalk around the inside of the parking lot? Smith: Yes, it would be sidewalk on the park side of the parking lot. There wouldn't be any sidewalk on the south side of the parking lot and there would be sidewalk on Linder Road on the west side of the landscape buffer strip. Currie: Are we still stuck with that $B~,g40 impact fee? Smith; l don't know, l asked 11llayne Crookston to look into that for us, Council had requested his advice and help on that several meetings ago. I don't know the answer to that. Meridian City Council February 4, 1997 Page 49 Corrie: You want a time scheduled a definite date to notify you on any changes they want to see (inaudible) Smith: Yes sir if we are going to continue I need to do that because our consultant is running out of work. He submitted these drawings to me this afternoon and he is just coming to a halt to when he can proceed and finish the final details. He is saying he is l5°lo done with the way it was laid out and he is going to continue I guess if that is the wishes of the Council with the way the original was laid out. f haven't transmitted any of these changes from the parks and recreation committee to him yet. So his drawings right now show the design of the park as it was originally proposed because he hasn't heard anything otherwise. Corrie: Does Cvunci! have any further changes that you know of, or da the parks and rec. people? If not why don't we just submit this to him then if the Council sa approves. Rountree: I make a motion that nary advance the recommended changes to the consultant and have him press on with final details of the plan and be an concept for Tully Park. Marrow: Second Carrie; Motion made and seconded, any further discussion'? All thane in favar? ~ppased? MOTION CARRIED: All Yea Smith: The second item l have concerns the Transportation Task Farce Committee and the minutes that were distributed, if you have any comments an those and I can finalise that. Morrow: Unless there are no comments I would move that the City Council endorse the Transportation Task Force study and forward that to ACRD. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to move it to the ACHD stage now, all those in favar? apposed? MOTION CARRIED: All Yea Smith: Thank you, Councilman Bentley directed us to same fill for the Tully Park which we have secured and Cloverdale Nursery has been contacted to provide us with a price to haul that material which they have. They have quaffed us $3.15 a yard and I think the last time they hauled material it was X4.60 so it is a little bit cheaper than it was. We 1 Meridian City Council February 4, ~ 99l Page 50 are estimating somewhere between ~UUg and 15gg yards are available there. So, I told them with your approval to proceed, it will be somewhere between $354 and $55~g dollars. Again depending on how many actually loads #hey haul. Morrow: Mr. Mayor, l uvould move we approve the expenditure of $3.15 per yard to Cloverdale Nursery to haul the fill dirt to Tully Park. Rountree: Second Carrie: Motion made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Bentley: if you will check with Bob Halley at the School District, I talked to him about getting the dirt that they were talking about having to move to construct the stadium over at the high school, they need a home for it too. Smith: Thank you Carrie: I would ask the Council, I believe this is donated dirt is this correct? Smith: Yes Corrie: Perhaps with their permission l will send a letter. If you each would like to have your name on it I will be glad to attach that to it with the letter. Smith; Thank you that would be good. Morrow: I think as a matter of policy what we ought to make sure what happens in the future for these kinds of things is that yes we da send a letter of thanks and it is endorsed by all five elected officials. Rountree: Should we indicate some kind of monetary value of that to the individual so they can utilize that as a tax advantage, because they are going #a need that. Morrow: I think that would be a side letter. Smith;l think there is a form down there inaudible}. Corrie: (Inaudible) Smith: The next item is a bid opening that we had on Thursday, January 30~~ concerning roadway rehab at the Vl~aste VIlater treatment plant and seal coating of the City's parking lot on Broadway, East Broadway. I think you have copies of the bid Meridian City Council February ~, ~ ~9~ Page 51 tabulations in your packets do you. The low bidder for the reconstruction and seal coating at the waste water plant was Park Town Construction. That company, the president is Brad llllheeler and they have listed l'daho Sand and Gravel as their subcontractor. Idaho Sand and Gravel will be doing all of the asphalt work for them. The law bidderforthe seal coating of the City Hail parking lot was Hukill's Fine Grading of Nampa, $~ 2~~, excuse me I should back up, Park Town's bid was $27,g4U. The Public Vllarks Department would recomr~end that these contracts be awarded to the two low bidders, Park Town construction At $~7,~4D far the waste water treatment plan wank and Hukill's fine grading far $~ ~~5 to seal coat and restripe the City Hall parking lot on East Broadway. Carrie: Entertain a motion. Morrow: Mr. Mayor, I would move that we award the bid for the road rebuild to Park Taws Construction in the amount of $21,g4B and that the seal coat far the City parking lot to Hukill's Fine Grading in the amount of $~,2?'5. Rountree: Second Corrie: Matian made by Mr. Morrow, second by Mr. Rountree to approve the Park Town Construction and Hukill's Fine Grading in the amounts stated, all those in favor? Opposed? MGTIGN CARRIEa: All Yea Bentley: Mr. Mayor, while we are in the paving mood, I have talked to Mrs. Nonni aver at Paisano's and she has to talk to her other two partners but she is still interested in helping contribute an the paving of that City owned lot we have over there on Pine. So she is supposed to get back to me shortly. Smith: Thank you Mr. Mayor and Council, the last item I have concerns the Locust Grave Road name change. Do you all have this information in your packet, there is a letter of explanation and a small map. This comes about because of the platting of Railside Park Subdivision and also because of the development work that is being constructed or the first phase of which is being constructed on the south side of the railroad on the east side of what is now called Locust Grove Road. That piece of Locust Grove road has always been a dog leg in the overall alignment of Locust Grave. U~ith the platting of Railside Park it seemed logical to continue the name Locust Grove Road southward along the east boundary of Railside. Of course it is logical to continue and provisions are being made to continue Locust Grove Road through the Tamura Berry park on the south side of the railroad tracks. Ul~hich will ultimately line up with Locust Grove an the south side of Franklin Road. So, with the platting of Railside Park a name had to be shown on that extension of Locust Grove and it seemed appropriate to me to name is Locust Grove. Ilvhen we do that then we have to da something with that piece Meridian City Council February ~4, ~ g9l Page 5~ of Locust Grave Road that is off set. So Ada County street name committee can make that change but they need concurrence from City Council of Meridian to da that. There are three businesses on Locust Grove Raad, three addresses on Locust Grove Road right now that would be affected by this change. They are all three south of the railroad track I believe. Cope Auto, and I think there are two residences. Although Cape takes their access off of Lanark, I believe they have a Locust Grove address. Then John Anderson our Nampa Meridian guy lives south of Cope and he has a Locust Grove address. Corrie: Gary, that Railside Park an the west side it says North Locust Grove Raad would that be called Locust Grove Road rather than North Locust Grave Raad? Smith: Franklin Raad is the zero line north and so it would be North Locust Grove Raad. Corrie: Okay Smith: Locust Grove Raad along Railside Park is not going to be constructed as part of the subdivision. They are being required to road trust funds for I guess half of that roadway I think is what it is for future construction, They also will deposit half of the cost of construction of a water line in Locust Grove Road when it is constructed. I don't believe the Tamura Berry is constructing their piece of Locust Grave either. But the problem had to do with platting of Railside Park and the naming of the street. It didn't seem to meta be very logical to name it something other than Locust Grove. Morrow: Mr. Mayor, I would move that we forward to Ada County Street Name Committee a letter of our desire to have the existing Locust Grove Raad renamed to same other appropriate name and Locust Grove attached to the soon tv be proper aligned or realignment of Locust Grove Raad. Rountree: Second Corrie: Mvtivn made by Mr. Morrow, second by Mr, Rountree far the motion as stated, discussion? Bentley: Mr. Mayor, I have some, is this the same committee that hands out the street numbers? Smith: No, we do the numbering for the lots here. Bentley: You do the numbering here, we need to make sure that you don't use the duplicate numbers far the three buildings that are already on the old Locust Grove auto the new Locust Grove, it sure plays hell with the map, don't duplicate them. Meridian City Council February ~, X991 Page 53 Smith: The old Locust Grove will have a new name. Bentley: It will have a new name but it will still have the same numbers and the mail will still come addressed to Locust Grove for at least 18 months. If you have then (inaudible) so if you can give them different numbers it really helps. Smith: Mlle can do that. Corrie: Any further discussion? All those in favor? Opposed? Smith: That is all I have, who was going to right that letter? Corrie: You are, it is more logical, I would be happy to sign it. Chief's cordon: A couple of quick items.. fur detectives arrested the armed robber from the Maverick Store Monday morning, he was a heroine addict out of Nampa who was over here and after he was picked up he decided his supplier here was the one that turned him in so he turned in his supplier to us. So the dog is sitting down there just waiting for somebody to leave and we will do a check an him. Speaking of the drug dog first ~o days of operation she has been responsible for 9 felony arrests and removed drugs off the street of a street value of $1,000. Sa she is earning her keep. The new cars are in and I have two used Chevy Caprice's, I mentioned that to 1111111 today. Sa if there is a need far one or both of them somewhere else in the City. Mechanically they are as sound as you can have them for $~3, o0o miles on them, we took goad care of them, but they go pretty fast is the only problem. These are same of the high performance engines so inaudible}. once they are moved to another department they are not my responsibility and they still go fast. The radio communications or Meridian Communications center is moving right along.1111e have a room established down at the police department and I did give up the conference room and moved the lieutenants ever. we should have the equipment all in place by the end of next month and we will be ready to ga 24 hours. with the except of personnel. That brings up the antenna lease, I would like to get a yea or nay on that antenna with AT&T if we can do it, came to some type of agreement or something. VI1e did get the master lease, does everybody have a copy of that the lease agreements. Council, any problems with it's Marrow: l have no problem with the lease subject to counselors working out their issues which are as I interpreted about a page and a half of issues that needed to resolved from their standpoint. +r~ordan: AT&T won't change that lease, that is a standard lease that they use an all antennas and they are not going to change it. This is basically a donation, but they have gotta cover their tails and most of that lease does not pertain to us. Crookston: Most of the base lease or our lease? Meridian City Council February 4, ~ 99~ page 54 Gordan: The one that they want us to sign. The base lease governs them. Crookston: it also governs us. But on the basis of financial reward or award I can't see an objection to a lease. That needs to be pointed Qut to the Council and the Council may be made aware ofi it and it is up to the Council as to whether you want to enter into the lease or not. Bentley: The only question, what I wanted to say was concerning, we also, Chief has also passed out estimates on building our own tower. It comes up to about $~ 0,250 without equipment and without ground. I have discussed with some of the people before that I think we are going to have to take control of these towers in the town sa we don't have them all over the place, that is something we are going to have to address through an ordinance I expect. If we can piggy back some of this stuff we can get ~ 00 foot up on their tower and we have gat a ~0 day notice to terminate that lease and we are only getting it far ~~ 200. I think that is a pretty good deal because we don't have the liability with it. Gordon: 150 is what they will let us (inaudible). Ben#iey: I would like to hear what the other Councilman have to say on that. Rountree: I don't have a problem with it, I think it is a reasonable price for the service. am not sure that I understand the difficulty with the lease that the counselor has. Corrie: I believe Chief that there are other cities that do this and have this and there haven't been any problerns, it is really a courtesy to the City. Gordon: It is and he, the representative firom AT~T explained it to me that they needed the signed agreement so that we waukdn't go in there and start tearing things up. And basically that is what it limits us to. Now, in support of council, 1 understand same of his concerns but from fay standpoint and I believe that contract is addressed from a lay standpoint and I understand why AT&T requires that. They don't vary, that is their standard contract far all lease agreements an their towers. Once it is signed, I guess we are accountable for everything and anything on that agreement. 1Ne, the Council and I had talked about maybe a letter of understanding or memorandum of agreement if you will as to how we interpret that contract or how Council does. On the other hand I don't see a problem with the contract. Corrie: They do the maintenance and they put the antenna up themselves so it is all on their tower? Meridian city council February 4, ~ 997 Page 5~ Gordan: Yes, they are required to do all maintenance, anything that happens to it, any of the lights go out, anybody interferes with it they are required to correct it, unless of course it is us causing the interference. Marrow: Mr. Mayor, question far counselor, in terms of your document, I knave you talked about interference and definition of inaudible} can you inaudible} talk about your reservations there and are the reservations of such nature that inaudible} not viable for us to enter into the lease? Crookston: I think that first of all that the Council can enter into a lease if they desire to enter into it. All I am doing is giving a legal opinion that I have to say is not totally or adamantly against the lease. There are just same problems with the language in the lease, The interference, it says we have liability if we create the interference but it doesn't say what interference is. There are just same language errors or needs in the lease. Morrow. Well I guess worst case scenario if you are going to create interference (inaudible) 30 days to get out of the lease and that solves the problem. The issue is you have to do it someplace else (inaudible). Gardon: From a layman's standpoint my interpretation of interference when you are talking about radio equipment is we can put antennas up there and change the volume ar frequency and screw up their entire antenna and everything that is put out there. That is the way I interpret interference is if we put anything on that antenna that interferes with theirs then we will change our frequencies or our output and that is the way !interpret the interference, Morrow: Da we know what those issues might beta begin with' Gordan: They want be anywhere near our bands no sir. I say near our bands, we have gat one problem in town and it is with Surge dawn here across the tracks. They are legal according to Federal communications but every time our cars get within a block of surge and their radial are on it lacks up the scan of all of our cars. That would be if we put ours up on their antenna I am sure they are going to checi~ all of their frequencies and all of their cell phones and have us do different checks with them. If it interferes in anyway we will change at that time. But our frequency shouldn't be even close to those cell phone frequencies. That is why they want to keep us down to ~ 59 feet also because inaudible}. As long as you maintain that separation even with same bands and frequencies you shouldn't have an interference level. (Inaudible) Gordon: I am not sure, Councilman. (. Meridian City Council February 4, 1997 Page 56 (Inaudible) Corrie: One of the things, the benefit here too is of course being able tv have officer safety because there are some dead areas in this City that you can't get to. Bentley: Mr. Mayor, I make a motion that we sign into the lease agreement with US West. Rountree: Second Carrie: Motion made by Mr. Bentley, second by Mr. Rountree that we go into the lease with AT~T Wireless on the tower, all those in favor? Opposed? MOTION CARRIED: All Yea . orris: Shari? Stiles: I have nothing. Corrie: Mr. Crookston? Crookston: Yes, !would like to bring up the proposed resolution #165 that is LID for the Cherry Lane Village for the fence improvement. The resolution basically sets forth that the City will have a public hearing on it which will be held at the next Council meeting on February 18t". I put it at l: Q0, I have no idea whether or not we wi I i have a lar e 9 input or no input ar whatever. So that could create somewhat of a problem if we had a whole Iot of people, but I don't know if we will. We need to pass the resolution and then we will have the notice of hearing published. It will be published on two Fridays, the first publication has to be ten days prior to the hearing which is on the 18t" sa we need to get it done if that is the desire of the Council. Marrow: I would move that we adapt the Resolution #165 authorizing the Mayor tv sign and the Clerk to attest. Rountree: Second Carrie: Motion made and second to adopt Resolution #165, any further discussivn'~ Hearing Wane all those in favor? Opposed? MOTION CARRIED: All Yea Carrie: Mr. Crookston you said was ?:gg, I didn't see anything here that says 1:U6 but read it kind of hurriedly, l:gD it is. Anything else Counselor? Meridian City Cauncii February 4,1997 Page 5l Crookston: No, thank you. Currie: Mr. Morrow? Marrow: Mr. Mayor, the only thing that I have, in our packet tonight Illlill dropped off a letter from the Idaho State Insurance Fund talking about a rebate far our 1Narkman's Camp, l Hate that amount of that dividend check was $6,399. ! think a letter to our employees signatured by the Mayor and the Councilmen congratulating them on a job well done in safety is appropriate. I would also like to discuss the concept of maybe with this $2,399 that it might not be appropriate but fair to give each one of them a $25 or $30 bonus, which basically buys their dinner and says thanks and see what everybody thinks about that. (Inaudible) Marrow: That is open to discussion also I guess. Currie: Personally, I think this is just coming from a personal standpoint, I think we da the Christmas dinner rather than just a flat $~5. If you are going to do something like that I have a little bit of heart burn of giving that type of refund back to the employee. I agree with Mr. Morrow, it is good that they do that and that they have saved us that amount of money but !hope that wouldn't have to be rewarded to be safe. !don't know my next question would be the legality of it from Mr. Crookston, could you give us a little help there'd Craakston: I have never addressed this issue before, I would believe that the City has received this refund in the past, I don't know what has been done with it in the past. I think that there is a question as to whether ar not these funds coup be used for the employees but right Haw I don't have an opinion of whether it is right or wrong. Marrow: I guess from my perspective the issue is that it is income that has been realized to us as a City and to our taxpayers based on the extra efforts of the employees. It seems to me that it might be fair to buy them a dinner like we buy them a turkey at Christmas and say thanks for the help and press an from there. It doesn't have to be a continual thing, it just seems like without their affarts in that direction we wouldn't get the money back. Rountree: Mr. Mayor, 1 think my position on incentives has been stated before, I think they are a goad idea. I don't know if a bonus ar a safety merit is the right answer but I think that without the employees effort whatever this might cast in terms of a taken remittance back to the employee the City is still going to benefit for quite a few dollars. If in fact the bonus is not palatable ar even legal possibly setting up some kind of a safety program and utilizing some funds from this to award performance and safety for five years of service without an accident, ten years without an accident, 15, ~0 and 25. Meridian City Council February ~, X991 Page 58 Have give sways if you will, fire extinguishers, emergency blankets, those kinds of things that recognize the employees effort that they can, a kind of badge of achievement as another option. But I think we aught to recognize the employees far doing a good jab. Bentley: Mr. Mayor, I would agree with both Charlie and Walt, !think there is same recognition due, I don't have a problem with giving them a monetary award just so we are within the legal bounds. I know other organizations that where I work at the post office does it also. Carrie: Like I say I think we need to find out where we stand an the legality of it then we can, if it is legal than you guys hold the purse strings. Berg: I would just like to make a comment, first of all I think I need to check and see how it is with our auditor budgeting something of this nature inaudible} earmarked mare or less a premium for our workers camp. And because of performance in previous years is why we get the dividend. So, I think I need to find out that way, the other thing is after going through some of the safety inspections and finding out a few of things that we need to improve then maybe some of this money should go into those improvements without pouring goad money after bad things. That might be another idea because as far as if you have goad working conditions you have less accidents. That is just another idea. Marrow: Mr. Mayor, [don't disagree with many of Mr. Berg's observations, it still seems to me that you have $~6,g00 of unrealized income, if you spend $25 gift certificate for dinner or $2~ cash for each employee that amounts to a couple of thousand dollars that leaves $~4,aDB far safety improvements or other types of things that he is alluding to. And sa I think any of that makes good sense. I think the important thing is we recognize the human factor involved here and it never hurts to give a job well done, a pat on the back and that is my purpose in wanting to get something to those folk directly. Corrie: Can we postpone this until the next meeting and let the counselor find out what we can do and (inaudible) go from there. Marrow: I just want to figure out an avenue to get it done. That is the only thing [had Mr. Mayor. Corrie: Counselor if you will do that and get back with us post haste. Mr. Bentley? Bentley: I have a few things, we had this letter from ACHD concerning Central Avenue. They were asking us for a response and whether we wanted them to proceed post haste with extending that island. I know we have had this discussion before they are well aware of what they want to do and e~ctend it dawn to I can't remember how many feet now, it is somewhere in here. I was just wandering if we want to tell them to go Meridian City Council February 4,1997 Page 59 ahead and get it done now before that park gets built out and we have mare people complaining about it. Maybe we should notify them. Morrow: I donut have a problem with them pressing on and getting it done. Rountree: They have been talking about it far ~ years, they ought to get it done. Eentley: one other thing I wanted to address the Council on. UVe have been having trouble with the City credit cards. Every time the police have gone out a couple of times out of town they get down to wherever it is they are going and find out the cards aren't any goad due to lack of payment. what I would like tv suggest would be that since the police has the highest budget for their training and stuff I would like to see them get their own set of cards with a $5499 limit on each one and that they be assigned to the Chief and then he can check them out. if there is a problem with the auditing end of it that he be responsible for the budget end of it. Then they can continue using the other cards that they have through the City and will can issue them out as you have been doing. Rountree: I guess ! am a little uneasy with that being a check out far them being issued to the Chief. There are other avenues with credit cards and I know American Express has a corporate card that can be issued to the employee and they are responsible for their bill an a monthly basis. The employee submits an expense account and gets the expense account check and pays the American express card. That takes the potential far misuse away and puts it an the responsibility of the employee. It is essentially no cast to them if they pay their bill on a monthly basis. If they want to charge other things that they don't get reimbursed far travel then that is their business, but l would prefer to go that way and encourage the employees that da travel to look into that. And maybe the City help them in that avenue. Corrie: Is there some way the City backs this up (inaudible). Rountree: Na, it is just a corporate card and I believe it is sponsored but there is na liability. So if he is sponsored by the City of Meridian the card would be issued to them according to inaudible} Rountree: The card is issued to the individual employee. Bentley: Would we be issuing cards to each officer or each person? Vvhat I am getting at is you may not have the same person going out of town all of the time. Rountree: Each person can have their own card it is their card, it is just like your master card, but it is a way to dedicate their credit far travel. They submit an expense voucher and get paid and they pay their credit card. Meridian Gity Council February ~, X991 Page ~g Gordan: Up anti! recently that is the way we have been doing it is everybody using their awn credit card, but same people don't have credit cards. Plus, I am opposed to using personal expenses to do City business. This is the first agency that I have worked with in ~~ years where there weren't cards issued to department heads. The misuse and I don't understand the paranoia here with misuse of these cards. The card only goes out far specific items. It comes right back, the misuse is immediate, the card is turned in and the receipts are turned in with it. The expenses are paid for an a monthly basis that way. The cards don't float, they are in nobody's wallet, they only go out far specific items. I have gat guys that don't ever ga out of taws and then I have other people that go out on a pretty regular basis. Ida exactly what you are saying, I use my personal card, I am not about to get caught in Jacksanhole or Las Vegas that you can't charge anything to. Those guys down there could not use, they couldn't charge the roams, and they wouldn't charge food to them on the City card. Sa they consequently went back to their own personal cards. I still think it is the City's responsibility if we send them out of town that we provide the expenses far them. Rauntree: I disagree with that. Gordon: I have never been anywhere that has been a problem. Rauntree: Work for the State of Idaho Marrow: My question here would be is what is the problem with the City credit cards, why won't somebody honor them? Gordon: Il~lell, the first problem, in fact the problem has been all the way slang is they are either maxed out or the payments weren't made. This last trip in Las Vegas the credit card company said there wasn't a payment from last November, the cards weren't maxed out but na payments were made. Rountree: So cards to everybody is going to salve that. Gordon: No, not cards to everybody. Rountree: Well multiple cards to each department head is going to solve that? Gordon: Nat multiple cards, I need two cards and that is it. Every time a card goes out I keep a book an that card. When he brings the receipts in I know exactly how much is spent, I do a purchase order every month dust like I pay all of my bills, it comes dawn it is a separate purchase order. f know haw much is charged and I know when the bills are paid on it. Corrie: What we have Council is we have 5 visa cards, what could be done if you don't want to change anything other than the two cards Pike card one and card two would be I Meridian City Council February 4, ~ 997 Page 6 ~ issued to the Chief of Police. Card three, four and five would be staying here at City Hall. Card vne and two would have a total af, right now there is a total of ~~ O,aQQ an the five cards, $~QQQ per card. I have instructed Janice now that all credit card bills are paid each month. Then we are getting a read out and that has been a prablem that they have been trying to put them together with PO's and it gets behind and there are same other things that have been involved here and we are straightening those things out. But under the circumstances of this you keep the card system we have, you can issue those two cards to the police department, card one and two. He is responsible far that, it is his budget and then he has to still make the recommendation or excuse me the PO's back to the City but those cards are paid far and sa is 3, ~ and 5 every month. There is a new system that is going into effect as a matter of fact right now. I guess it is a matter of if you use the same system you have now rather than him checking out a card each time somebody comes in that card ~ and ~ is checked to the police department alone. He is responsible far it, he is the department head, he spends aver his limit it is his that gets cut off at $~OOQ but he also gets those cards paid every month and tames in when they are supposed to. UVhen we are dealing them out one at a time like that I think is fine but it is a problem for him and he is assigned those two cards and they make the payments. Those cards are going to be paid monthly now, they have not been I have to say. Gordon: f am responsible to you folks and you have me with almost a $~ million budget that you just give to me. I spend ta, I am getting ready to spend $fiQ,Oag on cars, we are talking hundreds of thousands of dollars you think I am going to jeopardize ar allow anybody that works for me to mess with $250Q credit End of Tape} Marrow: Mr. Mayor, !have to kind of disagree with same of this, we went through the issue here before and it is a point of control. Obviously if the credit cards are not getting paid and that is the root cause of the problem then we are not getting our job done right with respect to getting them paid. I am not convinced that a PO system and the card being vested in the department heads hands is going to salve that porkian, that is an administrative prablem that we need to resolve there. My preference quite candidly in terms of those credit cards is the system that we have where the credit cards are checked out. Currently by motion of or by action of the Council the system is the credit cards are kept by the City Clerk, they are issued by the City Clerk far expenses and then they are returned to the City Clerk. It is a means of control. I think the system works fine, I can certainly understand if we are not paying the bill why the cards don't work. I can't see that issuing them to department heads is going to solve that problem any. I think we need to address the problem where it is at now. Twa things are bad about it, one is it is tough an the credit card credit rating of the City and secondly is we are paying interest and that shouldn't apply to any bill for any purpose whether it is cars or meals or whatever, But I have a problem from my standpoint in terms of we have a system in place here that is working except it is not working from the standpoint of payment. If the payment is lane correctly then the system works. Meridian City Council February 4, ~99~ Page ~~ Gordan; But this is not a unique situation, this has happened 3 separate times over a two year period. Morrow: Ullell the issue is then it is to us as a Council to take the corrective action and say whoever is making this not work needs to make it work and that is park of sound fiscal policy or sound fiscal management. I don't think that you tamper with the concept that works simply because the folk aren't making it work, you make the folk make it work. Gordan: That is what I am saying is the process doesn't work but if you give it to me I will make sure it wanks. Morrow: Inaudible} lose fatal control. ~111hat I am suggesting to you is let's give the system a chance to work now the way that it was designed and da some follow up and some management to make sure that it works. Obviously from our standpoint as a Council we haven't been doing our audit procedure very well to make sure the system is working and bills getting paid. And so the responsibility for it not working is our fault. Now that we know that it doesn't work or hasn't been working properly it is up to us to go to the sources and say okay this is what in fact you will do. Gordon: What I am saying is the problem is not I the field but the ones in the field are the ones that are taking it in the shorts. Morrow: I don't disagree with what you are saying. Inaudible} we will make sure that it works at the administrative level where it is supposed to be, the problem is not in the field. Gordon: It kind of gets back to I can solve the problem real quick. Marrow: U11e have to salve the problem an a city wide basis because we can have every deparkment head taming up here with the same solution, the same scenario and then we get back into a situation where we are totally out of control of keeping track of that. Gordon: There is where I don't understand that paranoia being out of control. UVe are only talking about a credit card for $25~a credit, I have more than that on my signature. Morrow: In terms of PO's that is correct. Gordon: lfllith everything, you guys trust me and I appreciate the trust don't misunderstand me, but ! fail to understand where you think I am going to jeopardize or i am going to allow one of my guys to jeopardize anything over a couple of hundred stinking dollar charge. It would be sa much easier if I could keep track of the amounts that they were spending and pay the cards, issue them out and take them back. Meridian City Council February 4, ~ 997 Page B3 Morrow. Somebody ought to be keeping track (inaudible) that ought to be going nn as we speak. cordon: It is. Morrow: Wha is doing it now? Gordon: i am, if they ga out of town if the card is usable which in the last two times it hasn't been, so they come back with two vouchers one fvr a couple of city charges, one for a couple of personal charges and one far a couple of cash charges, So the auditing is being done by me and the City is issuing two checks one for their card and one for the City card, it is a mess, but I am keeping track of the money. Carrie: Let's try this Bill, we are on track now. In other wards card ~ , ~, 3, 4, and 5 is paid for. They are open and good for $2000 a card. If you have 3 people going to classes check out 3 separate cards, one for each one, and you can keep track of those ~, ~, and 3. It sounds like they are not in consensus to give the cards to the departments heads at this point. So you have card ~, 2 or however many people you have. They use those cards and they come back, I guarantee you they will be able to use those cards. Bentley: Mr. Mayor, I have a question, each card is worth $2008 correct, dv we have any mechanism in place to know that card one was just used and umpteen dollars were just spent on it before it is sent out on a trip that is tov expensive and this trip put on puts it over the max do we have anyway of checking that? ~o you understand what I am saying. Carrie: A!l we can do is coil them and ask them what is put on the card right now, Morrow: The other thing is when they return them they ought to be returning their receipts or inaudible} Bentley: But I am saying if he has a long distance trip on board that is going to cost $600 to $700 and somebody had just gat back with that card and they spent $1400 they are already going to be maxed when they get there. Carrie: They don't get the same card. Bentley: That is what I am asking is there any way to watch that? Corrie: I think that can be done, again, not taking anything away from 1lllill but I think we need to have the card where the people are making the phone calls. If vllili wants to make the cards, he wants to do the cards he has to know exactly how much is on those cards. So if card ~ , 2 and 3 have been out or 1 and 2 is out and 3 and 4 hasn't been Meridian City Council February 4, 1997 Page 64 out and he knows that or whoever takes charge of these cards knows that he calls at that particular point in tune. He knaves what is out there. I think that is the way we are gaing to have to da it for awhile here, knowing the consensus of what is happening here. Rountree: I think I kind of now understand what is gaing an, but I don't understand what the original intent of the previous Council was. My only concern is not fiscal misuse my concern is how many cards are out there. The current situation is that the City Clerk gets the cards and checks them out. There is no stipulation that you can't check the cards out for a year or a budget cycle. So why doesn't the City Clerk then be the person responsible fior acquisition of credit cards. He checks them out to various departments far a budget cycle. The departments who want to utilize that take care of the tracking and the payments simplifying the budgeting, the payment process. You are responsible in your budget to budget for it and take care of it. Yau provide him, us as an audit function of what the activities are on those cards on an annual basis that is still not yours if a department head needs one and go to the City Clerk and at least we have an inventory afi five, ~ 9, ~5 cards out there. To me that is the only issue is just keeping some kind of an inventory of where these things are. Gordan: That is what I am asking for, you can have the inventory with anybody you want, but I will keep track of the cards on a by use basis so they wan'# be inaudible}. Rountree: Sa you will get them clean and keep them clean. Gordan: But if we are going to leave them with the Clerk than I would like a phone number every time we draw a card I want to call and find out if the card is gaud before these guys ever leave town and what the amount is on that card. we are back down to spinning our wheels. Ullhat I am trying l;a do is, he has the responsibility far those and the Council goes on a couple of trips and I ga an a couple of trips or the department does l am not sure we know how much is an every card unless we cal! down and check with them. Morrow: l would say that is the responsibility of the person inaudible} it is his responsibility to get you a clean card. ~lnaudible} and away they ga and it is his responsibility to see that happens. Gordon: That is where I disagree. Corrie: Yau would like to think about it for two weeks? Morrow: well I would like to think about it far a long time but inaudible}, Corrie: That is being taken care of posthaste (inaudible). Meridian City Council February 4, ~g9~ Page B~ Bentley: l am done orr~e: Mr. Rountree? Rountree: I have nothing. Currie: Mr. Tolsma? Tolsma: Nothing Carrie: okay, I guess we gv with mine, the appointment to Planning and Zoning Commission. Ul~e looked it up, according to the ordinance and law they have to live in the County six years and the City limits ar area of impact, Mr. Hal Ford does not qualify under that. So, I am going to have to give you another one. Morrow: Can we have a little bit of discussion Qn this'? Currie: Yau can discuss it that is fine but I have to give you a recommendation. Marrow: Na you don't ~inaudr'ble} Currie: UVell I say you don't unless you change the ordinance because I recommend and you approve, you don't recommend and approve. Morrow: I understand that, what I am suggesting is that the provision of the State statute is that if the Council choose and the Mayor hasn't suggested a name within that ten day period the Council has the capability of appointing and approving. vVhat I am suggesting to you is that is not something that I would be supportive of at all here. I think that we in our last strategic planning meeting have some revision coming up and want to bring an board the traffic safety commissioners ~Inaudible~ within the City. ~In~udible~ and so my point is that very shortly we will be in position to advertise for folk wanting to serve on that commission and it makes a certain amount of sense that we advertise perhaps in the statesman to get brander coverage and we advertise for a P & ~ person in that same format talking about what the qualification requirements are by statute so we can get a cross section of folk to interview for those positions inaudible}. Point of conversation in terms of this issue. Bentley: Mr. Mayor, haven't you been advertising? Currie: Yes, an article in the paper and I haven't gave to the Statesman, that was in the Valley News which is the official publication. The only problem I am seeing here is the longer we wait the deeper we get in the hale if one of those commissioners can't be there ar if Malcolm goes to Stanford for a liver transplant your Planning and Zoning is shut dawn. So we need to move somewhere slang here on an agreement to put Meridian City Council February 4, 1997 Page 66 somebody on that board. Now I have got four applicants and three of them aren't qualified by the residency and I have one that is but they are in the building and construction industry which you didn't want in the first place. So there we are. Rountree: (Nell I don't know, at least this Councilman didn't not want that individual, # wanted the opportunity far other individuals to express an interest. At this point, I think that we have made the effort, I agree that Jim is gone, Malcolm is tentative, reviewing the minutes on the approvals of the findings of fact and so forth on Planning and Zoning Greg is gone a considerable amount of time. I agree that we have to do something to get them up and running. 1 thought the article was good in the VaEley News it did generate some interest. Unfortunately nobody has been around town for five years or longer is interested that reads the Valley News. I do have a bit of hesitancy with the building trades being represented again on Planning and Zoning but I think the individual is probably qualified and was spoken highly of by the Planning and honing Commissioner. So I guess that is where I am just to clarify your comment Bob. Corrie: And I stand corrected, it was two and two. Bentley: Well da we want to wait any longer or do we want to try and reappoint her or try to appoint her, renominate here Marrow; UUell from my perspective I am not going to support another member from the industry on that commission from the standpoint that makes $0°l0 of the Commission buildingldevelvpment, engineerlarchitect and 8g°/~ of our population is not- in those occupations. If you are going to have boards and commissions they aught to be representative of the mix of your City. The issue is that we need to make and effort to get some folk on there. Now with respect to the issue with Malcolm we have had same conversations about putting a temporary folk for when somebody is indisposed and there are 3 ar 4 former P & Z members that would probably serve in that capacity for a rnanth or two while Malcolm heals up depending on what the time frame is far his need. So, from my perspective I can't support somebody from that, either one afi those two industries for that position. Bentley: Mr. Mayor, I would agree, we definitely need the mix if the mix is available. As far as using temporary fill ins I have a little problem with that because whether they are farmer members or not if they haven't sat in on some previous hearings involving the same issue they are walking into something pretty cold. ~ can't see somebody an an an call basis ~somebady coming dawn here to sit every night because if they are going to sit here every night they would be on the Commission to begin with. Morrow: Glenn, I think in the case of Malcolm let's assume it is a two month absence, if Tim Hepper or Jim Shearer or whoever Corrie: (Inaudible) Meridian City Council February 4, ~ 99~' Page Bl Marrow; It is a temporary thing Bob, if Mae Alidjani is available, in a situation like that, all of us have to read our minutes anyway and that brings somebody who has had experience up to speed. I think the same issue could be said for any one of us on the Council. If we were going to be off the Council for health reasons and not be able to perform for a couple month period it makes a certain amount of sense for the Council to have the capability to put a fill in on a temporary basis. Corrie: Illlell I suggest if you have some names give them to me so I can give them to you. UVe need to get this thing filled. I will make an advertisement also in the Statesman. But when you start picking and choosing like that you are going to cu# qualified people out and I don't say I disagree with you about everybody being from an occupation but folks we are going to get ourselves in hat water here. Sa I would suggest that if you have any names that you would like me to recommend give them to me and I will get the letter out and go from there. Morrow: Mr. Mayor if I might, I am sitting here thinking back, a lot of the members that were appointed to the P & ~ that l am familiar with were actively recruited by the Council, and Mayor in the past. And so between a letter to the Statesman or an article in the statesman and us looking at the issue I am sure there is somebody there. Crookston: Mr. Mayor, I just had a comment about use of the Statesman and the Valley News. I think because the Malley News is the City's by ordinance it is the City's paper. If you are going to use the Statesman I think that you would have to publish in both papers. Morrow; I am not talking about a public notice I am talking about a news article that is often dare in terms of, you see reports an Boise Council meetings or whatever and it says the P ~ ~ is looking for qualified members. Inaudible} Corrie: Well I suggest you do this posthaste, I am running out of names people. There has tv be three of you that agree and I don't know if you will ever get it. Mr. Berg? Berg: Hopefully in your packet you will have a copy of the agreement between hopefully ourselves and Farmers and Merchant Sta#e Bank. I will address any questions that you may have but it deals with the automatic clearing house, electronic transactions. Corrie: Do you guys know what this is all about, seriously? Bentley; I don't that was my next question. Berg; V~Ihat this is all about is an automatic clearing house which automatically processes and deposits moneys into accounts without writing checks ar depositing Meridian pity Council February 4, ~ 99l Page 68 checks ar transferring checks. Vl~e are hoping to get this on board, should I say it is the electronic age or the computer age, people pay their bills electronically without writing a check. 1Ne are hoping to do payroll electronically, have it in penple's accounts the morning of the day of payday rather than getting it in the afternoon. The checks and balances are still the same. ~11lhat is does da is save us time in labor of signing all the checks and processing all the Checks and getting it to all of the department heads to hand out all of the checks. The other thing is it is quicker far the employees to get their money in their account. ~bviausly you are not going to have everybody Bald on the idea of doing that so you will have a few people that will get their checks. But, in order far them to do this we have to go into an agreement with Farmers and Merchant to provide this process. They have federal regulations that they have to comply with and this is one of them is to go into this agreement. Morrow: Does that mean that the employee has to have an account at Farmers and Merchant? Berg: No it does not Carrie: ~iVherever their account is, this also can eventually lead into if people want to pay their water bill and sewer bill and things like that on a check basis when it comes it is automatically taken out of their account and they get a receipt for it. That is just another way of Berg: one of the ideas is when we have these people that go south far the winter time that they don't have to write a check, that the utility bill will cone automatically out of their account. Morrow. Mr. Mayor 1 would move that we authorize the Mayor to sign and the Clerk to attest the agreement that we approve with Farmers and Merchant State Bank for the automatic clearing house provision. Rountree: Second Carrie: Madan made and second, all those in favor? apposed? MOTION CARRIED: All Yea Berg: Thank you very much far your cooperation. Bentley: Motion to adjourn. Rountree: Second Corrie: Motion made and seconded, all those in favor? Opposed? i~ Meridian City Council February 4, ~9~1 Page ~9 MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:20 A.M. (TAPE ON FILE OF THESE PROCEEDINGS} APPR~VE~: ERT D. CORRIE, MAYOR ATTEST: ~~~~~ir~~~~~E~~~~~~~~~~ ~'~~~r ~ ~~~'~ ti~~ ~ ~~~ r ~~ ~~ ~~~ ,~ ,. .. LLIAM ~. BERG, JR., CI C RIB ~~~ w .~y~ ~ r r ~ w F w. • M '~ ~ r~ ~~ ~ ~~~~f~~f~6~ #~itl~~~~~~~ BEFURE THE MERIDIAN PLANNING AND ZQNING CQMMISSION CLIFF AND LISA SEXTON, AND STEWART AND KRIS HASKELL CONDITIONAL USE PER~QT FOR CRAFT STARE WITH ESPRESSO SHOP 141 EAST CARLTQN MERIDIAN, IDAHQ FINDINGS QF FACT AND CQNCLUSIONS of LAW The above entitled patter having come on for ublic hearin P g January 14, 1997 at the hour of 7:~4 o'clock .m. one of P r the Applicants, Stewart Haskell, hereinafter the "A licant " a ea " PP r pp rang in person, the Planning and Zoning Commission of the ' City of Meridian having duly considered the evidence and the matte r makes the following Findings of Fact and Conclusions of Law: FINDINGS of FACT 1. A notice of a public hearing on the Conditional Us e Permit was published for two ~~~ consecutive weeks rior p to the said public hearing scheduled for Janua 14 1997 t ' r`Y , , he first publication of which was fifteen ~ 15 ~ da s rior to said he Y P aringr that the matter was duly considered at the .Janua ry 14, 1997 hearing; that the public was given full ~o ortunit t PP y o express comments and submit evidences and that copies of all notices were available to newspaper, radio and television stations. Z. This property is located within the Cit of Meridian Y and the Applicants are the owners of the pro ert that the P Y- property is currently zoned ~pT~ Qld Towns that in the ZQNING SCHEDULE pF USE CQNTRQL, Section 11-~-4D9 B., Retail Stores and Restau rants are FINDINGS 4F FACT AND CQNCLUSIQNS OF LAW - Pa a 1. HASKELL g I listed as conditional uses in the ~oTj old Town District and therefore, in the ~oT~ old Town District a conditional use ermit P for the operation of the craft store with espresso sho is P required. 3. The ~CT~ C1d~Town District is described in the Zonin g Grdinance, 11~-~-4~8 B. 12. as follows: 4T old Town District : The purpose o~f the ~ GT ~ District is to accommodate and encourage further expansion of the historical care of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the Cit . A variet of these uses irate rat y Y g ed with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served b the Munici al Water and Sewer y P systems of the City of Meridian. Development in this district must give attention to ,the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4 . Conditional Use Permit is defined in the Zoning ordinance as follows: "Permit allowing an exception to the uses authorized by this Qrdinance in a zoning district." 5. The property is located at 141 East Carlton, Meridian r Ada County, Idaho. 6. The Applicant testified that the intention of the Applicants is to operate a craft store with an espresso sho . P 7. The Applicant testified as follows. The Applicants will operate a craft store and espresso shop from the subject prapert . Y There presently exists a sign at the subject propert , which the Y Applicants intend to use. The lan to re lace t ' Y P p he plastic on the FINDINGS aF FACT AND C4NCLUSI~NS of LAW - Page Z, HASKELL sign with plastic displaying their business' logo, and to lace a P neon espresso sign and an open and closed sign at windows inside the building. other than the existing outside sign, the A licants PP will not display any outside signs« The si ns will not have g blinking lights or other similar characteristics, The A licants PP will build a ramp into one of the entrances to the sho area of the P subject property if required to provide handica ed access, The PP Applicants will use exterior lights, such as flood orch li p ghts , to light the subject property for security purposes. The li hts w' g ill not paint into the street. The Applicants are aware of the comments and requirements of Ada County Highway District. Dependent upon the success of the Applicants' business, the ma Y y add a parking lot to the back area of the sub ' ect ro ert The J P P Y Applicants have permission from Mr. Brewer to use the back ortion P of the parking area of his mortuary for overflow arkin for their P g business. 8. The Assistant to the City Engineer, Bruce Freckletvn r submitted comments which are incorporated herein as if set forth ' in full . He commented as follows : that off -street arkin shall be P 4 provided in accordance with Section 11-2-414 of the Cit y of Meridian Zoning and Development Ordinance; that outside li ' ghting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with Cit ordinance Y Section 11-~-414 D. 3.; that all signs shall be in accordance ' with the standards set forth in Z-415 of the City of Meridian Zonin a g nd Development Ordinance; that sanitary sewer and water to the FINDINGS 4F FACT AND CONCLUSIONS of LAW -- Page 3« HASKELL t facility would be through existing service lines; that assessments for sewer and water service will be reviewed to determine whether the additional load justifies an adjustment to the assessments that the Applicants provide any information that the ma have y Y regarding the anticipated water demand; and that the A licants PP will be required to enter into an Assessment A reement with the g City of Meridian. 9. The Planning and Zoning Administrator, Shari Stiles submitted comments which are incorporated herein as if set forth in full, and which were basically as follows; that all si na a shall g g be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development ordinance that all r signage shall receive design approval of the Plannin & Zonin g 9 Department ; that A~ f rams signs shall not be permitted; that s i n g permits must be obtained from the Building De artment for all P signage; that the building needs to be brought up to code for fire and life safety requirements and must meet handica ed PP accessibility standards; that one three-inch calf er tree is P required for each 1500 square feet of pavement that all r landscaping areas are to be provided with an under rounds rinklin 9 P g system; that all off--street parking areas are to be aved and P striped; that na off-street parking spaces are shown in the Application; that a previous application submitted b Bill and Y Joyce Brewer in 1995 indicated that the Brewers would utilize funeral home parking area to meet their off street arkin P g requirements; that the Applicants are to submit a notarized letter FINDINGS OF FACT AND CONCLUSIONS OF LAS - Page 4. HAS~{ELL If ~ ~. from Bill and Joyce Brewer that the immediately fare oin matter is g g still the case; that handicapped accessible parkin and walkwa s 9' Y are to be provided in accordance with the Americans With Disabilities Act, including appropriate signa e; that screened g trash enclosures are to be provided in accordance with Cit Y ordinance; that [the Applicants coordinate dum stet site location P s with the City's solid waste contractor, Sanita Services • z`y ~ Inc . , that [the Applicants] locate dumpsters so as not to im ede fi p re access; that a Certificate of occupancy si ned b all a encies is required prior to operating in accordance with Cit ordinance• that Y the Ada County Highway District has indicated that the conditio ns of the previous approval have not been met; that the A licants pP are to meet all conditions imposed by Ada County Highwa District riot y p to receiving occupancy for the espresso shop; that im rovements P include replacement of the curb and gutter on Carlton a nd Second Street and construction of pedestrian ramps in com liance with P Idaho Code Section 40~-1335; that all paving, stri in and si P g gnage of parking lot to be in accordance with Meridian Cit ordi y nonce Section 11-~-414 and the Americans With Disabilities Act• tha t all off -street parking spaces are to be paved; that arkin stalls P g are to be 9' x 19' minimum with 25' driveways; that li htin sha g g 11 not illuminate residential properties or cause late g problems as determined by the Cit of Meridian• th ' Y ~ at the Applicants shall supply the Public Works Department with antici ated sewer and w P ater usage for analysis in determining whether additional assessnte nt fees should be charged; and that a re-assessment a reement ' g will be FINDINGS CF FACT AND CoNCLUSIDNS of LAW - Page 5. HASKELL f i entered into with the Applicants prior to issuance of an occupanc Y certificate. 10. Ada County Highway District submitted comments and requirements, all of which comments and requirements are hereb . Y incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. Facts and Findings: A. The Ada County Highway District ACgD1f staff + ~ f 1 ~ I received the subject Application requesting conditional use approval for an espresso sho /craft p store in an existing single family home. The 0.2-- acre site is located at the southwest corner of E. Carlton and 2nd Street, approximately 350-feet east of East 1st Street. This development is estimated to generate 60 additional X10 existingy vehicle trips per day based ~on the Institute of Transportation Engineers Trip Generation manual. This site was previously reviewed by the District on February 3, 1995 as a conditional use for a flower shop. The conditions and requirements for the previous conditional use have not been met. B. The Application and site plan received by the City of Meridian, and submitted to the District on December 6, 1996, has been reviewed by the ACRD Development Services staff and conforms to applicable District standardslpolicy, or can be made to conform with the change~s~ to the plan described in the requirements stated below. Site Specific Requirements: 1, Construct pedestrian ramps an the corner of Carlton Street and 2nd Street in compliance with Idaho Code, Section 40--1335. 2, A 16 to 20-foot wide curb cut on 2nd Street, located a minimum of 50-feet south of Carlton Street, shall be approved. 3. Replace damaged curb and gutter on 2nd Street and Carlton Street with new curb and gutter to match existing improvements. Segments to be replaced FINDINGS 4F FACT AND CCNCLUSIGNS OF LAW - page 6, HASKELL t,,. r; shall be determined by ACRD Construction Services staff. 4. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 5. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. If the driveway is not to be paved on site, pave the driveway its full required width to at least 30-feet beyond the edge of pavement of Carlton Street; 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. ll. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full; that Central District Health Department will require lane to P be submitted for a plan review of any food establishment. 12. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 13. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that as long as all codes are met, it will not have a rablera with P this permit. l4. There was comment and discussion between Commissioner Burop, Chairman Johnson, Planning ~ Zoning Administrator Shari Stiles, Commissioner MacCoy, Commissioner oslund and the A licant PP concerning Ada County Highway District's comments and re uirements q , and the approval the Applicants' Application. 15. There was no further testimony given at the heaein . g FINDINGS of FACT AND CDNCLUSIDNS of LAW - Page 7. HAS~ELL CONCLUSIgNS qF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 3~~ feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Id.~ Code, and, ~ pursuant to 11.2-418 of the Revised and Compiled Ordinances of the City of Mer~.dian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the Cit and y state of Idaho. 4. The City of Meridian has authority to place conditions vn a conditional use permit and the use of the property pursuant to 67-6512, Idaho Cam, and pursuant to that section conditions minimizing the adverse impact on other development, controllin the g duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 ~D~ authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11--2-418 D. states as fellows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conf armity with this grdinance. violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the grdinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. FINDINGS qF FACT AND CONCLUSIONS gF LAW -Page $. HASKELL 6. The City has judged this Application far a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Cade, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it ma take Y judicial notice. 7 . 11-2-418 ~ C ~ of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Plannin g and Zoning Commission and the City Council shall review 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required b Y ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinityr that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will ~.ncrease, but due to the drop-off and pick-up being off of the street it should not be a problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9, HASKELL e. The property has sewer and water service alread connected, but the A licants ma y PP y have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost far public facilities and services and the use would not be detrimental to the economic welfare of the community; If the conditions are met, the use should not involve a use, activity, process, material, a ui ment or q P conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, .noise, smoke, fumes r glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the Cit ordinance and y i. The development and uses will not result in the destruction, loss ar damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the rantin of a g 9 conditional use permit to minimize adverse im act on P other development, it is recommended by the Plannin and Z ' g oning Commission that the following conditions of rantin t g g he conditional use be required, to wit; a. The conditional use, pursuant to the Zoning ordinance shall not be transferable to another owner of the sub ' ect property or to another ro ert ~ P P Y b. The,Applicants shall meet the requirements of the Cit Engineer's office, the Plannin an y q d Zoning Administrator, Meridian Police Department, Meridian Fire De artatent Central District He P ' alth Department, and the Nam a Meridian Irri anon Distric ~ P g t, which requirements specifically include: 1. Gff-street, parking shall be provided in accordance with Section 11~Z-414 of the City of Meridian Zoning and Development Ordinance; 2. Gutside lighting shall be designed and laced so as not to direct P illums.nation on any nearby FINDINGS 4F FACT AND CQNCLUSIONS of LAW - Page 10. HASKELL residential areas and in accordance with City ordinance Section 11-2-414 D. 3.; 3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Deve 1 opment ordi.a~anc e 4. The Applicants shall enter into an Assessment Agreement with the City of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; 5. The Applicants shall provide any information that they may have regarding water demand; ~. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; ?. All signage shall receive design approval of the Planning & Zoning Department; 8. A-frame signs shall not be permitted; 9. Sign permits shall be obtained from the Buildin g Department for all signage; 10. The building shall be brought up to code for fire and life safety requirements and must meet handicapped accessibility standards; 11. One three-inch caliper tree shall be required for each 1,500 square feet of paved parking lot area; 12. All landscaping areas are to be provided with an underground sprinkling system; 13. The Applicants shall provide a notarized letter from Bill and Joyce Brewer that Applicants ma utilize the funeral haane y parking area to meet their off-street parking requirements; 14. The Applicants shall provide handicapped accessible parking and walkways in accordance with the Americans With Disabilities Act, includin 4 appropriate signage; 15. Screened trash enclosures are to be provided in accordance with City Ordinance; FINDINGS OF FACT AND CQNCLUSI4NS OF LAW - Page 11. HASKELL 1~. The Applicants shall coordinate dulnpster site locations with the City's solid waste contractor; 17. The Applicants locate dumpsters so as not to im ede P fire or emergency access; 18. The Applicants shall obtain a Certificate of Occupancy s,i~ ed by all aq_encies prior to operatin in accordance with Cit~~.~.. ~~~~ 9 y Ordinance; l9. All off street parking areas are tv be aved and stri ed• p p , 24. All paving, striping and signage of the arkin lot shall be in accor ~ p ~ g dance with Meridian City prdinance Section 11-2-414 and the Americans With Disabilities Act; 21. All off-street parking spaces are to be paved• r 22. Parking stalls are to be a minimum of 9' x 19' with 25' driveways; 23. Lighting shall not illuminate residential properties or cause glare problems as determined b the Cit of Meridian• Y Y ~ 24. The Applicants shall supply the Public Works Department with anticipated sewer and water usa e for anal sis in determin` g Y ing whether additional assessment fees should be charged; 25. A re-assessment agreement will be entered into with the Applicants prior to issuance of a Certificate of occupancy; 2G. The,Applicants shall submit and obtain a royal of their lan for the Pp P food establishment. c. The Applicants shall meet all the requirements of Ada County Highways District set forth co~anents and requirements, which requirements specifically include: 1. The Applicants shall construct pedestrian ram s on the corner of Carlton P Street and end Street in compliance with Idaho Code, Section 40-1335• r 2. The Applicants shall construct a 16 to 24-foot wide curb cut on 2nd Street, located a minimum of 50- feet south of Carlton Street; FINDINGS OF FACT AND CONCLUSIONS aF LAW -Page l2. HASKELL 3. The Applicants shall replace r~amaged curb and gutter, as determined by Ada County Highway District Construction Services staff, on 2nd Street and Carlton Street with new curb and gutter to match existing improvements; 4. The Applicants shall obtain written approval of the Ada County Highway District before making utility street cuts in new pavement less than five years old; 5. The Applicants shall pave the driveway its full required width to at least ~ 3D-feet beyond the edge of pavement of Carlton Street. ~. In the event of future development of the subject property, restrictions are placed, pursuant to Ada County Highway ,District policyr on the width, number and locations of driveways; 7. The ,Applicants !shall pay all applicable and required ,road unpact fees prior to building construction in accardance~with Ada County Highway District Road Impact Fee Ordinance, Ordinance # 18 $ ; 8. The Applicants shall cause all design and construction to be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable Ada Count y Highway District ordinances unless specifically waived herein; 9 . The Applicants shall submit revised plans for staf f approval, prior to issuance of a building permit or other required permits, which incorporates an Y required design changes; and 10. The Applicants shall cause construction, use and property development to conform with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. d. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, u on notice tv the A Iicants ~ ~ p pp for violation of any conda.tiQns imposed herein, other conditional use applications, or the ordinances fo the City of Meridian. FINDINGS OF FACT AND CONCLUSIGNS OF LAW -- Page 13. HASXELL 14. The above-conditions are concluded to be reasonable and the Applicants shall meet these conditions. 11. It is recommended that if the Applicants meet the conditions stated above, that the conditional use permit be ranted g to the Applicants. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby ado is and P approves these Findings of Fact and Conclusions of Law. COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ y -~- VOTED VOTED VOTED C-~~~ FINDINGS OF FACT AND CONCLUSIONS GF LAW -Page 14. HASKELL DECISION AND RECOMMENDATION The Meridian Planning and Zaning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicants for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer re uirements the q Fire and Life Safety Codes, Uniform Fire Code, parkin , avin and g P 9 landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicants by the City. MoTroN: APPROVED: DISAPPROVED: ~~~ i ~~~I~Wpri~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page la. HASKELL RESOLUTION NO. ~~_ A RESQLUTI4N 4F INTENTIQN QF THE CITY OF MERIDIAN IDAHQ, TQ CREATE LQCAL IMPROVEMENT DISTRICT N0, 97-1, CHERRY LANE VILLAGE SUBDIVISIQN NQ, 1 FENCE IMPROVEMENT PROJECT; DESCRIBING THE BOUNDARIES OF THE FROPOSED DISTRICT AND THE PRQPERTY PROPOSED TD BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS TO BE CQNSTRUCTED; GENERALLY STATING THAT ALL CAST SHALL BE PAID BY THE LEVY QF ASSESSMENTS; DESCRIBING THE METHOD 4F ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE A PUBLIC HEARING WILL BE HELD T4 CONSIDER ANY PROTESTS; PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTIaN. CITY OF MERIDIAN' ADA COUNTY, IDAHO LOCAL IMPROVEMENT DISTRICT NQ, g7-~. BE IT RESOLVED nY THE CI'~Y CCUNCIT 4F THE CITY DF MERIDIAN, A~J~~ CG'UNTY, TDAHC AS FDI~LUWS WHEREAS, the City or N~eridian, Idaho, is a Ca,.ty operating and existing under ar~d pu~:suar~t to the laws of the State of Idaho, and as such is authari~ed and empowered to create :~oca1 i~nprvvement d~.stricts ~LID~ for caxxstruction .tmpra~r~-mes~ts pursuant to Title 5Qr Chapter L?, ~daha Cody; and WHEREAS ~ the City Council of the City recei~red a petition for the creation of a luG~~l .improvement district signed by not less that. sixty percent (~f~ ~ ~ of the resident owners of property subject to assessment within the proposed district and has determined to create such a vocal improvement districts and WHEREAS, the City Council is of the opinion that it is in the best interests of the owners of property and of the inhabitants within the proposed Laval Improvement District Na, 97-1, CHERRY LANE VILLA~IE SUBDIVISIaN N+D. 1 FENCE IMPRDVEMENT PROJECT, ~tha~t the proposed `GZD No., ~?-1 be formed and the improvements to be canstx~ucted b~: paid far w~.th funds assessed by an LID District, as ca~itemplated, ND~~, THEREFf3RE, DE IT RESOLVED, DETER~~INED, AND ORDERED, as follows: Section 1.: The City of Meridian hereby determines and states that it is its in~tent.ion to form a Local I~nprovement District to be designated as Laca~, Improvement District No, 97-1, CHERRY LANE VILLAGE SUBDZVISICN NO, 1 FENCE IM.PR4UEMENT PROJECI'r to assist in the pay~me~t of the in~provemen~ts as hereinafter set forth. RE54LUTIUN - LIb 97~-~. PAGE - 1 Section 2: The boundaries of the proposed LID No. 97-1 and of the properties to be assessed are described as follows: The boundaries of the district are located within the corporate limits of the City of Meridian and include lots north of, and abutting, Cherry Lane Road and are in Cherry Lane Subdivision No. 1 Subdivision, Meridian, Ada County, Idaho, and include lots f ranting Cherry Lane Road on the lot's south side from, and including, Lot ~, Block ~, Cherry Lane Subdivision No. 1, to Lot 11, Block 2, Cherry Lane Subdivision No. 1, and including Lot 4, Block 2, Cherry Lane Subdivision No. 1, to Lvt 4, Block 6, Cherry Lane Subdivision No. 1, all Lots being in said subdivision, and including the full width and depth of said lots. All Lots are situated in Meridian, Ada County, Idaho. The City Council is of the opinion that said description is sufficient to adequately inform owners of the property proposed to be assessed, Section 3: A general description of the improvements constructed is as follows: The improvements to be made on the lots within the above description is as follows: .A. Construction of a new fence to be constructed of six ~ 6 ~ foot Dog-eared Cedar #2 fencing with concrete set steel posts and an access gate for each lot except corner lots. There shall be a post located an the property line separating each lot from neighboring lots. The fence shall be stained to match the color of the fence on the apposite side of the street. B. The area between the fence and the sidewalk shall be covered with a weed fabric, plus three ~3~ inches of river rock, after clearing and find grading. Section 4: The estimated cost of the project is FDRTY- EIGHT THOUSAND AND ND/144 DaLLARS ~$48,404.04~. It is estimated that the LID Na. 97-1 will raise $48,444.40 for the total project cost. The entire FORTY-EIGHT THOUSAND AND ND/100 DaLLA.RS ~ $48, 400.40 ~ of the project cost is proposed to come from this LID and no cost will be paid by the City of Meridian. Section 5: All property owners within the boundaries, as defined above, will be assessed on the front foot method, that is per foot of property which fronts upon Cherry Lane Road and is RESOLUTION - LID 97-1 PAGE - 2 within the boundaries of the LID District. The costs and expenses of the project to be `paid from special assessments shall be assessed against the abutting, adjoining, and adjacent lots and lands according to t~~e front foot method ~ per f cat of fencing ~ , as gravided by ~ec~tion 501707, Idaho Code. The estimated per foot cast of the project is FaRTY--EIGHT THOUSAND AND NQIlOQ DQL~ARS ~~4a,oao.oo~, but not to exceed SEVENTEEN AND 501100 DG~.~L.ARS ~ $17.50 ~ per, lineal foot of fence, which shall be paid by the owner of the lot being assessed~~ at the option of the owner of the lot at ~he time of the initial assessment, either in one payment, on an ann~:?l, or monthly basis. If the cost of the project exceeds SEVE'N'TEEN AND 5 0 / l 0 0 DQLLA~?,S ! ~ 17.5 0 ~ per 1 ineal foot of fence, the cost of the project shall. be subject to the approval of the property owners but if tY~.e cost does not exceed that amount the total ccst cf the project shall not be subject to approval of the ~~ropertl owners. Section ~ : The 1 nth day of February, 19 ~ 7 , is rereby fixed as the time and place when and where the owners of the property to be assessed may appear before the City Council and be heard as to the propriety and advisability of the project, and which is the time and place when and where the City Council will consa~der the creation of proposed I,ID No. 97-1, consider payment of the improvements and hear all complaints, protests, and objections, which may be made in wr~it.ing and filed with the Meridian City Clerk on or before said time by any owner of any parcel of the land to be assessed. Written protests a.~d objections to the creation of LID No,. 971 or to the manner of assessment or inclusion of property therein may be filed with the Clerk of the City of N~eridian, at 33 East Ida~~o street, $642, on or before 5:04 p. m. an the 1Sth day of February, 197, by any owner of anl~ parcel of land to be assessed. section 7: Notice of Hearing substantially in the fora attached hereto as Exhibit "A" and hereby made apart hereof , shall be given as follows: A. By publication of such notice in the valley News, a bi- weekly newspaper of general ca.rculat~.on within the City of Meridian and the official newspaper thereof, which notice shall be published in two ~2~ consecutive issues thereof, the first publication being at :~ea.st ten X14} days prior to the date of said ~~ear~ag. B, Dy ~r~ailiny, at least ten ~10~ days prior to the date of said hearinc~, a cape of such notice tU eaot~ owner of property, if known, or his agent., if known, within the, limits of the pronosec~ LID 97-1, addressed to such person at his post office RES~I~UTZ~N ~ ~~~ 97«1 PAGE ~- [~ address, if known, or if unknown, to the pose office in Meridian, Idaho. ownership of property shall be determined as of the date of the adoption of this Resolution. EXCEPT, that ownership of property on the petition submitted for the creation of the LID shall be determined as of January 15, 1997. Section 8: This Resolution shall take effect and be in full farce from and after its passage and approval. Dated this 4th day of February, 1997. ti', CITY CF MERIDIAN Ada County, Idaho ~ . ,~ ~, ~.~.... -~. ~ B.~~ w~ y RQBE~R~ D » CC RIE -Mayor ~. ATTEST: ~illiam G. Berg, ~~~~t4~~ ~~s~ sr~tr-~rs~~r w~~ ~ ~r~ ~. .~ ~. ~~~ City Clem ,~ ~, ~~ ~ ~ IKt fi RESaLUTI~N -~ LID 97-1 PAGE - 4 MERIDIAN CITY eOUNCIL AGENDA TUESDAY, FEBRUARY 4, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 21, 1997: QpP~~av~ 1. TABLED JANUARY 21, 1997: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS N0. 3 SUBDIVISION: ~',~rifi~cr-~e r.Cif~u~'si~ ~ f~-n- e~ ~jn ~~-s 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT: ~~~ ~~f~a'~c~ -~v~-~,ep~.e ayn.e~Ce~C ~~~~`~'lL 3. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEiNER DEVELOPMENT; TABLED JANUARY 21, 1997: f~v/e ~~t.2 ~z6. ~~~- h?~. 4. FINAL PLAT: WHITESTONE ESTATES SUBDNISION NO.2, 37 LOTS NORTH OF WALTMAN, WEST OF CINDER ROAD BY WHITESTONE DEVELOPMENT COMPANY: a~`/rov.e, fi~SJ'ect ~ all ~--~~,~ Cie •~d%z~~ e~n.s 5. FINAL PLAT: TROUTNER BUSINESS PARK, 38 LOTS SOUTH OF FRANKLIN ROAD, WEST OF MERIDIAN ROAD BY JIM BALLANTYNE WITH COVENANTS, CONDITIONS AND RESTRICTIONS: u-p~r~D~-~ ~-r`'h~~ol~-t ~~/~e C' C' ~~',r ~ 2 Fah !~ ~?' ~~ . 6. FINAL PLAT: THE LAKE AT CHERRY LANE NO.6 SUBDIVISION, 52 LOTS NORTH OF CHERRY LANE VILLAGE NO. 5, IMEST OF TEN MILE ROAD BY STEINER DEVELOPII~EI~T: aP~ra~ov~ a~wbJecf fv ~ ~-fi~{~ c~a'.~-ibn.r eX~/~t' ~~a ~~d~ t 6~K~C {~ Gem~t~-.,. p~ Glwh 7. PUBLIC HEARING: REQUEST FOR VARfANCE BY Bt1fLDERS MASONRY h°G`~~ PRODUCTS: ~'/~ ~~ ~ ~ p~ ~/~ ~c% 8. CONDITIONAL USE PERMIT FOR A TAEKWANDO SCHOOL BY;JOHN AND BECKY.SCHIEBOUT: ~~j~~ ~~~~G'f~ ~0~-~~2 C~•~~/~-r7'.f`rb~ 9. CONDITIONAL USE PERMIT FOR A GRAFT STORE WITH AN ESPRESSO SHOP BY CLIFF ~ LIS~ SEXTON AND STEWART ~ KRtS HASKELL: a~provv an~ccecC ~ ~~ ~e/C ~Ppro% ~c<~,b,~ 10. DISC SSION OF ALBERTSONS CERTIFICATE OF OCCUPANCY CONTINUED FROM JANUARY 21, 1997: ~P,ofo~~ re~.~~~~9 t~- C7 vh di~`ew ~ ~` ab! ~aledn en7t aJo~.~P`n eK ~ ~ {-~ ~ ~oP rPgu ~~.etiz eh.ts- 11. VALLEY SHEPHERD CHURCH: REQUEST FOR HOOKUP TO WATER AND SEWER: ~t~,~ h~o,~ rti~, ~u~J~e~~ {v our o2d~ha~ce,r 72. WATER/SEWERITRASH DELINQUENCIES: ~~r'o~-ems 13. APPROVE BILLS: ~~p~~~~ 14. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. TULLY PARK DEVELOPMENT PLAN: ~~ ~~}- !-~ -~u5i`n ~~ 2. TRANSPORTATION TASK FORCE ~OMMITTEE MEETING MINUTES: ~~~0~~~ 3. TULLY PARK FILL DIRT: ~~ro~e. 3 7~f yid. f~ lt~cc~ k~~ 'u"ova-LaCa e.~~ 4: BID OPENING RESULTS: WWTP ROADWAY & CITY PARKING LOT t REHABILITATION: /~~.l~.~c~nt. ~v~t'f ~i~,Li/l~s ~~ 6~a~`~h~ 5. LOCUST GROVE NAME CHA GE: a~~~ vv-.e~ B. MAYOR ROBERT CORRIE: 1. APPOINTMENT TO PLANNING & ZONING COMMISSION: ~'U~~i~ C. WAYNE CROOKSTON, CITY ATTORNEY: . 1. RESOLUTION #165 -LID 97-~: ~~~i~ov-er D. WILL BERG, CITY CLERK: 1. AGREEMENT WITH FARMERS & MERCHANT STATE BANK: fc~p~pro v-~ CITY OF MERIDIAN' PUBLIC MEETING SIGN-UP SHEET NAME PHONE NUMBER ;Yl,u~l'x ~-r C~, K-VlS ~--1li-S~ ~~ I ~cJO-~~ 1 s-1 ~-r MERIDIAN CITY COUNCIL MEETING: Februa 4 1991 APPLICANT: ITEM NUMBER; 14 RECUEST: DEPARTMENT REPGRTS AGENCY COMMENTS CITY CLERK: CfTY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN PGST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US i~IIEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. voovvo o vovv ov,v,v,oo 0 ov,v,~p ~ ~voorna~ o ~ ~~o°ac`~vc°+~ ~ = pc~p~~7i~NE+~ t~Drt ~ Q~c~r'Q~ U m ~ ~~ M ~ ~ W ~ ~ o+~o+noo ~ ouzo 0 vf~~I~NC v Of~D z a;Q~°n~°~o~a'~o ~a~t~'voc'~v ~ cm~ ear ~ _~~~~ ~ ~ ~ W voodoo v vovv ooov,va o ov,va ~ F_oococv o E_ocoo~ U ~ cacnvor•oN ~ ~ ca~nv~~nv~ =~Maanc~v~n ~ =~~vcv~ ~ ~3 ~ ~ M ~ ~ p ~ rr ;C h. rw ~ r Z m ~} ~ Ntf~ M m ~ ~ ovor•~C!© Oe-~o ~, v~~n~NV ~ o~-o `~ •~ v~vcres •c ccac W c~~ ~ c~ ~ ~ ] ] voovvo 0 oovo voovvo v vvoo E._vQOVVO a E~,vvvv ~ c~u~vvoav~n as a~ cv~n~vo~ *rN1~taM~'~ et ~;-'N~NflO 0 ;O~~M~p~~ ~ ~~~~~~ m ~ d~} ~ m .~ ~ •w Z cO j [~uzD~~C3 0~0 v ~ oaoc~rc~v ~ arv ~ ~ •~ o~ov~o ~ vc© ~ W pL.~N~tfld3~9~ ~L~°--NON J ~ 'C~~ ~ C~~ ~ p ~ ] ] •~ ~0 Y a ~ ~~~~~~~ cN~~ U l~ p W~ Nt•-h`p W~ ~ ~ ~~ a ~ ,, c ~ ° v E °- ~~ E ~. ~ W ~ ro .. p .. 0 ("^ C C ~'' '~ Q p 0 ~ L R1 .Q ~ N Q G •0 Q L ~ ~3 .~ Q C J a •~ J ~+~ ~Q ~ 3 wW =Q W c~~ ~ ~~o ~~a~= _ _ ~ Q~ ~ ~~ LL O N Q} C J Q N 0 .~ J mWM ~ °~~O~~tL~ 000 ~~ ~ W ~~UU~ZU) !- W ~U}~F- ~I~ ~ ~ C~a W ~ W _ ~ CL. U ^ V) V? o~vvov.o o aaav v,ao/a~ov, -~-vat7C]G)~] o Q av,vo, ~ v' ~' v ~ ~~voo~•ov ~ -~- ~ e ,~~vNV~v -• Q I~fJ on ~ U ~D ~D D ~- G a ao rt7 ~7 ~ m ~ dg ~ N (~ ~} W ~ 1 ~ °vv~°n~ava °v ~' ~ oo~v v v fl ~ •~ o~oooo V •~ ova ~ amo~r~~~~ °-m° ~~ o Q ~ ~ a ooc~ooo v vvoo Z avovoo E~~,ooovac o o vvoo E~~.v•to~ ~ a~c~aov~~-oM ~ ~ v~ a~~v~to~M ~ ~M~ ~ M '~~ ~ U (n +~ ~ ~ ] ~ H N Z ~~°v ~ vc`~v u~~ ~ ono U , , , ~;~avo~~° ~~ a;_vo° o cn ~~`~ ~ M .~m~' ~ ~ ~ ~ vCC7©DO v voovv o v oQ0© ocvv Z , E_voovvv , v , E~,vca~nv *~~~c°oM~o° -_ ~ ~ ~ ~~rw~~ ++t..o~4y : ~ ~ ;~ ~ N ID G~ ~} d~ fi iV ;d ~ . r ~ if# ~ W Z ~ vMM~,-v ~ v,-a J , •~ vr~'OVt-o •C ©otn ~~°~ ~ .~m~ ~ ~ _ ] ] ~~~~~u~~ c~~~ ]JVaJU}U?J ]JU)J W~rpO~~'""' W~r-~r~ ~1 ~•= ~ ~ ~ 0 *~ ~, ~ Q a~ ~ E E ~ W ~ +, ~ ,C © +~ J D ~ G C t~S ~ L .~ .. m ~j C "~" ~ m C , • ~ ~ Q C ""! ~ ~ J t0 N ~ t~ Q . ~ ] ~~ ~0 3 ~w =~ w° ~ ~ ~ w ~Z ~_ ~C3 ~ ~ _ U ,Olrc+~ro U O+,~ W N ~~~Q~ ~~ a o N~~~ = a a -~~~ia3:a c~H ~ ~~NH ~v4~v~ ~.~ ~~~Q W ~~UV)ZU~ F» W ~C/ilY1~- J J W ~ W ~ p j*~-NM~tc~~D _+~ ~NM _~ ~ ~ ~ ~~ ii r. HUE ~F TREASURE YAELEY WILLIAM G. BERG, JR., Giry Clerk JANICE L. GASS, C[ry Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Sup#. JOHN T. SHAWCRDFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L, uBILt." GORDDN, Pa[ice Chief WAYNE G. CRaOKSTON, JR., Attorney A Govd Pace to Live 33 EAST IDAHQ MERIDIAN, IDAHI~ 83642 (?A8} 888.4433 • FAX X208} 887.4813 Public WorksBuilding Department ~2a8} 887-2211 Motor VehiclelDrivers License X208) $88-4443 ROBERT D. CDRRIE Mayor WALT W. MORROW, President RONALD R. TDLSMA CHARLES M. RDUNTREE GLENN R. BENTLEY JIM JOHNSON, Chairman KEITH BQRUP JIM SHEARER GREG OSLUND MALCOLM MACCDY MEMGRANDUM ~ ~ January 31, 1997 TG: MAYOR & CUUNCIL FRUM: GARY D. SMITH RE: LGCUST GRaYE RGAD NAME CHANGE The final putting of Railside Park Subdivision, near the intersection of E. Fine Ave. and Locust Grove Road, will extend the locust Grove Road right of way south to the Union Pacific Railroad right of way. See attached drawingj. The construction of the Tamura~Berry business park, between Franklin Road and the railroad right of way, will complete the realignment of Locust Grove Road. Once these lengths of Locust Grove Road are completed ACRD will close the existing crossing of the railroad and a new crossing will be made. This new length of Locust Grove Road in Railside Park Subd. is not to be built as a part of the Railside Park development however, since one half of the right of way. is to be dedicated, and the Locust Grove Road name extended, it appears that the existing, non-aligned length of Locust Grave Road needs to be renamed. Before the Ada County Street Name Committee can take action on the name change they need to have Meridian City Council concurrence to change the name. It appears there are 3 existing homes I businesses along this length of Locust Grove Road that will require an address road name change. r ~, ,pQ1~DITI (1A1L51~E PA~u -~ ,I ~~~ ~ 4 ,~ 7 ' EL4CIf 3 ~` '- v W AGO ._~ ~ ,_~ 4ruurulnllnnlr~lulunurrmmlolnrtnnnlmmn w inTlmtlinlilrAU IinnflrrAlmljl_nGrrtmmm 11'! q 111+f+Ply~ll911fJL W1tJU _ . r'~~~ ti~ ............. •i. _ .. ,.. ~1...... ~ ' ~ ' AfIIrfl~fthGllElh ~ ~ : .t(f~pli(IIIEbtkllCi ulufuuuuauuu . TA,f.{~,) tZA ' IgInIIIIlU1lNlllll .:: , ~ww~a••. 1~Nr a~l~lb {¢~,, '„yrp,K ' inn' r Ir~r rrw~rlMww . ~r .r ~' 1 I a 1 7! s I ~~f~ ~ ~ ~ ~ : i - '~ nIR111Ri111 ~ 11111111111Alillllnp [..~ ~ ~•.::~__~r '' ~~~~~~~rr ~FI I! I~ r`~ 1 ~ ~t.L'7r fT?If~• U`~.7[7~ ,~.ErT.-~ .. -- -...., __. _ . --~- ._ ._ ~._.. cs cc DREW S. F4RNEY MANAGER ~~~ ~~ JAtr 1 3 1597 January 10,1997 d:9T4' ~F i~~£~~uaFsPd Dear Policyholder: _... l IDAHO STATE INSURANCE FUND 1215 W. STATE STREET - P.D. B4X 83720 - BOISE, IDAHD 83720-0044 PHgNE X208} 334-2370 • 1-800-334-2370 PHILIP E. BAT GOVERNOR As a workers' compensation policyholder with the State Insurance Fund, you are eligible to participate in our dividend declaration. ~V'e are pleased to provide the enclosed dividend check. Please cash it promptly. The State Insurance Fund will be providing a 15~o rate deviation reduction} to policyholders renewing on or after January 1,1997. The amount of dividend and deviation is a reflection of your efforts to prevent accidents and reduce work- related injuries. Your efforts to reduce or elinvnate losses in your workplace will help maintain lower costs and help create future dividends. Dur loss prevention services are always available to assist in controlling and minimizing your workers' compensation costs. We appreciate the opportunity to serve you and w~h you a safe and successful new year. S ` rely, TE If you wish to have your dividend applied toward the f uture /r ~ a nt of our remi lease endorse our check to the . P Y~ Y P~ P Y Dr w arney S fate insurance Fund and return it to our office at Manager ~ P.D. Box 83720, Boise, ID 8372Q-OQ44, by January 31, 1997 DF/FA:dI Enclosure ~ ~~> 3 l~C~ r o-~ ~~f/~G~~Gr~ C~tE~C~~-- Pr/d-2 Pb/d-1 MEMORANDUM To: Mayor & Cify council From: William G. Berg, Jr., City Clerk Date: January 31, 7997 ~~~~ ~ti(! RE: Agreement with Farmers & Merchants State Bank Attached is a copy of an agreement with F & M State Bank concerning the ACH (Automatic Clearing House). This agreement is to allow us to initate electronic signals to F & M. Please review the agr~rnent for r need your approu~al at the next City Council meeting (February 4th). This is a progressive savings in both material and labor for the City of Meridian. If you have any questions, p/ease contact me or contact Wane C. since he ~s reviewing it also. Thank you for your cooperation. f. 4 FARMERS & MERCHANTS ADVANTAGE ACH ORIGINATION AGREEMENT This agreement is made this day of ,19 , by and between: ~ "The Company"} and Farmers & Merchants State Bank ~"The Financial Institution"}. The Company has requested that the Financial Institution permit it to initiate electronic si nals • g for paperless entries through the Financial Instltut~on to accounts maintained at the Financial Institution and at other fuaancial institutions, by means of the Automated Clearin House the ~i ~~ g ~ ACH }. The Fu~anclal Institution has agreed to do so on the terms of this Agreement. Now, therefore, the Company and the Financial Institution agree as follows: 1. Ruses The Campany acknowledges receipt of a copy of the operating rules of NACHA as amended from time to time, the "Rules "}. The Company agrees to comply with and be bound b the . y Rules. The Fn~ancial Institution agrees to inform the Company of revisions to the Rules of which the Financial Institution has knowledge. 2. Tran5nllSSian of Entries: Security Procedures The Company will transmit all debit and credit entries to the Financial 1~astYtution at the location, on or before the deadlines, described on Attachment 1 to the eement. The ~' Company will conform all entries to the format, `ontent and s ecifications contained in the p Rules, except as provided with the security procedures described in Attachment 2 to the Agreement. The Company authorizes the Financial Institution to transmit all entries received by the Financial Institution from the Company in accordance with the terms of this A eement . ~ and to credit or debt entries to the specified accounts. 3. Financial Institution obligations In a timely manner and in accordance with the Rules, the Fi.nanr.~al h~stitutio~ will roce~s P transmit, and settle for the entries received from the Company which comply wh the terms of the Agreement, including the security procedures. 4, warranties T~~e Company warrants ~o ;he Financial Institutian all warranties the Financial Institution is deemed by the ,Rules to ~~;ai~e 4~rit'~ respect ~~a entries ori~i~.ted. by the Cowan . without . .. ~- y l~nut~ng the foregoing, #i~# ~.ompa~ry warrants and agrees fiat Via} each entry is accurate, is timely, has been authored by the whose account will be credited or debited PAY and otherwise complies with the Rules; fib} each debit entry is for a sum which, on the settlement date with respect to it, will be owing to the Company from the party whose account will be F:1RhiERS & MERCHANTS ADVANTAGE AC~~ 4RIGINATIQy AGREEMENT PAGE 1 OF 1~ ~_ retain the right to reject any on-us transaction far any valid reason such as but nat limited to insufficient funds or revoked authorization. 9. Notice of Returned Entries The Financial Institution shall notify the Company by telephone or fax of the receipt of a .returned entry from the ACH no~ later than one business day after the business day of such receipt. The Financial Institution shall have na obligation to retransmit a returned entry if the Financial Institution complied with the terms of this Agreement with respect to the original entry, If a customer of the Company returns any transaction, then it is the Company's responsibility to collect any funds that are owed. The Financial Institution has no obligation to originate a transaction where authorization has been revoked. . lll. Reversals The Company may initiate a reversing entry or file of entries as permitted by the Rules. 11. Periodic Statement The periodic statement issued by the Financial Institution far the Company's account will reflect entries credited and debited to the Company's account. The Company agrees to notify the Financial Institution within a reasonable time not to exceed thirty {30} days after the Company receives a periodic statement of any discrepancy between the Company's records and the information in the periodic statement. 1Z. Fees The Company agrees to pay the Financial Institution for services provided under the Agreement in accordance with the schedule of charges attached to this Agreement as Attachment 3. The Financial Institution may change its fees from time to time upon notice to the Company. 13. ' ' {a} The Financial Institution shall be responsible only for performing the services expressly provided for in this Agreement and shall be liable only for its negligence in performing those services. The Financial Institution shall not be responsible for the Company's acts or omissions {including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any Entry received from Company} or those of any other person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, any Receiver ar Receiving Depository Financial Institution {including without (imitation the return of an Entry by suoh Receiver ar Receiving Depository pinancial Institution}, and no such person shad be deemed the Financial Institution's agent. The Company agrees to indemnify the Financial Institution against any loss, liability or expense {including attorney's fees and expenses} resulting from or arising out of any clam of any person that she Financial Ins~i~ution is responsible fvr any act or omission of the Company or any other person described in this Section l3{a}. {b} In no event shall the Financial Institution be liable for any cansequendal, special, punitive ar indirect loss ar duma¢e which the Company may incur or suffer in connection with FARMERS & MERCHANTS ADVANTAGE ACH ORIGINATION AGREEMENT PAGE 3 GF ].~ i, ~,,,. Institution is subject and which governs or affects the transactions contemplated b this . Y Agreement, then this Agreement shall be deemed amended to the extent necessary to com I PY with such statute, regulation, or policy, and the F~nancral Inst~tut~on shall incur no liabilit to . y the Company as a result of such violation or amendment. 1S. Nan-Assignment ~~ The Company may not assign the Agreement or any of the rights or duties hereunder to an . Y person without the Financial Inst~tut~on s prior written consent. 19. Binding Agreement Benefit . This Agreement shall be binding upon and inure to the benefit of the arties hereto and their P respective legal representatives, successors, and assigns. This Agreement is not for the benefit of any other person, and no other person shall have any right against the Financial Institution or the Company hereunder. 20. Headings Headings are used for reference purposes only and shall ~ not be deemed a art of this P Agreement. 21. Czoverning Law This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho and the NACHA rules. "The Company" By: Name: Title: "The Financial Institution" Farmers & Merchants State Banff By: Name: Title: FARMERS & MERCHANTS ADVANTAGE ACH oRIGINATjUN AGREQ4iEN'1' PAGE S OF ~~ ATTACffiVIENT 2 Security Procedures The Financial Institution shall be entitled to rely on any written notice or other written communication believed by it in ~ good faith to be genuine and to have been signed b the Y Authorized Representative, and any such communication shall be deemed to have been signed by such person. Personal Computer Fxle Transmission The Company's Authorized Representative will access to the ACH system by utilizin g the prearranged log on procedures, remote ID and file ID. The Company's Authorized Representative will provide the Financial Institution with verification of the totals contained in the transmission by sending a facsimile transmission to the Farmers & Merchants Advantage Contact. In the event that the Company or the Authorized Representative is unable to fax the information, the Company's Authorized Representative will telephone the Farmers & Merchants Advantage Contact with the verification and also mail the information as backu on the P same day transmitted. The Financial Institution will anticipate the receipt of an Farmers & Merchants Advantage transmission from the Company on each scheduled processing date identified by the Company in writing and agreed to by the Financial Institution. The Company's Authorized Representative will notify the Financial Institution if a transmission will not take place on the prearranged scheduled processing date. The Company is responsible for ensuring that the Fina~acial Institution receives the transmission on each processing date indicated in the processing schedule. The Financial Institution will verify that the file totals agree with the Com an PY information given by fax or phone. In die event of a discrepancy in the totals, the Financial Institution will call the specif ed Company Authorized Representative designated by an authorized signatory of the Company. If an Authorised. Represen~ative is not available for notification, then the ~e will not be processed until the Com an 's . PY Authorized Representative can be contacted on the next business day. The Company is solely responsible for the accurate creation, modi~catxon, and deletion of the account infarnnation maintained an the Company's personal computer and used for Farmers & Merchants Advantage money transfer. The Company agrees to com 1 PY with written procedures grov~ded by the F~nanc~al Institution for the creation, maintenance, and initiation of Farmers & Merchants Advantage money transfers. FARMERS & MERCHANTS ADVANTAGE ACH ORIGINATION AGREEMENT PAG~7OF 1Z ATTACfIlVIENT 3 .Price Schedule Farmer's & Merchants Advantage Software Licensing FeelStart up $4.40 Additional Software Training cif needed $ as determined Monthly Maintenance $4.44 Per Transmission or File $0.40 Per Transaction Originated $.44 credits $.44 debits $.04 pre~notes Return ItemslNotification of Change $4.44 FARMERS & MERCHANTS ADVANTAGE ACH URYGNIATION AGREEMENT PAGE 9 OF IZ MERIDIAN CITY CgUNCIL MEETING: Februa 4 ~ 99l APPLICANT: ITEM NUMBER; ~ ~ REgUEST: WATERISEII~ERITRASH DELINQUENCIES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ J~"-' ~Y MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. ~- T'r t DELINQUENCY FOR TURN OFF SCHEDULED FOR 02/12/97 ~'ED FEB - 4 1997 {~'i'Y ~'r ~9£€~7~33~i~ MAYUR: This is to inform you in writing, if you choose to, you have the right to a Pre-determination hearing at 7:34 P.NI: Tuesday Feb. 4,1997 before the Mayor and the City Council to appear in person to be judged on the facts and defend the claim made by this City that your water, sewer and trash bill in delinquent. Yau may retain council. This service will be discontinued an Feb. 12,1997, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. . MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by Fourth Judicial District Court, pursuant to zdaho Cede, Even though they appeal, their water will be shut off. The amount of the turn off list is, DELINQUENCY LIST TURN OFF FOR 02/12/97 ACCOUNT# NAME & ADORES S AMOUNT 1-3 0 JOHN R. BEAUDOIN 67. ~ 5 713 MERIDIAN ST 1-170 RICHARD LDYA 98.3 0 721 W 3RD ST 1-724 DOUGLAS HADLEY 49.3 9 647 WBROADWAY AV 1-800 SID BREWER 51.99 423 W BRGADWAY AV 1-920 JON C HO 184.90 23 3 W BROADWAY 1-1004 JOHN T MOORE 48.08 631VL~1STST 1-3130 ALLEN PEENING 53.76 93 5 W PINE AV 1-3310 EM1L & ESTHER BRINCKEN 51.17 711 W PINE AV~M.DAR,EY} 70.00121.17 1-3 510 EARL BRINEGAR 180.72 205 W PINE AV ~-110 DAVID SANTISTEVAN 148.20 23 0 W PINE AV 2-402 ANDREW LUBACKY 78.80 912 NW 7TH AV 2-464 JOHN LOVE ~CK & CK CHG} 50.59 679 W APPELC~ATE ST ~-660 AUSTIN L YovN~ 908 ~ 14TH ST 2-.860 DEAN ANDERSON 1200 'L~ PINE AV 2-970 DAVID ROEPKER 1419 ~ STATE ST 2-1200 ~ SMART 1332 ~ 1ST ST 2-1400 BOYD HUCI~ABAY 1513 '~ 1ST ST 2-1$60 H LARNE BEVIN~TON 240 MAPLE AV ~ 2-1870 LARRY PIPER 306 MAPLE AV ~V 2-2160 CLAY 'DELL 224 ~V CHERRY AV 2-2190 JOSHUA THOMAS 312 ~ CHERRY AV 2-2360 DAVID SEJNKNECHT 202 W WASHINGTON AV 2w3600 WILLIAM HUTCHINGS 3 09 '~V WASHINGTON AV 2-4340 RICHARD CARRIER 1215 ELM COURT 2-4590 JOHN CARANAHAN 1231 ~ 13 TH ST 2-4740 JUDY ALBRECHT 1406 ~ 14TH ST 2-4774 CHRISTI COQ 1430 ~ 14TH ST 118.94 86.46 78.38 67.17 82.63 114.44 59.65 58.28 87.25 34.08 64.71 81.26 45.16 77.12 105.61 2-4570 MQRTQN 1525 W 15TH ST 2-5040 BARRY MITCHELL 1527 NQRTHGATE AV 2-5170 JILL RQDRIGUEZ 1401 14TH ST W 2-56.50 MELQDY FARNSWQRTH 1527 W WASHINGTQN ST 2-5720 DENNIS ANTHaNY 1407 W CARLTQN ST 2-5 73 0 DA'~IID WALKER 1339 W CARLTQN AV 2-5790 LINDA SaULE 1104 W 13TH AV 2-5854 PHILLIP A DUPERQU~EL 1406 W CARLTON ST 2-5870 CRYSTAL MARTINET 1432 W CARLTQN 2-6030 TQM KRASQWSKI 93 0 ~V PINE AV~CK & CK CHG} 2-6170 MRS. GEQRGE KING 111911THSTW 2-6340 PATRiCIA ANSQN 1119 W 11TH ST 2-6744 MICHAEL E NEWELL 1055 W STATE ST 3-1 S CHAD CRQNER 2051 JAYTQN W DR 204.74 156.x7 51.99 75.64 11.96 73,60 61.53 73,17 195, 56 110.52 51.99 122.41 77.43 57.40 3 -82 ANNETTE 2268 ~ JAYTDN DR 3 -144 TINA V~EATHRTDN 631 N TIDV~LL VL~AY 3-344 L. DEAN & REBECCA GDUDNER 731 N RATAN AV 3-424 RICHARD THURBER 674 N TALL FINE LN 3-548 JAMES SANDERS SSZ N TALL PINE PL 3-694 CITY RADIATOR & MUFFLER 671 N UNDER RD 4-1446 CHRIS & RC~BYN PATTER 1519 N HAVEN CDVE AV 4-1412 RQDNEY & M. NADM~ PLUMLEY 2826 ~ LEONARD CT 4-143 8 MARY R BARNEY 2964'L~ SHERYL ST 4~ I454 WILLIAM CANINES S 1257'N CLARA AV 4-1562 GARET J. LCNGSTREET 2713 '~ SANTA CLARA 4-1634 RUSSELL C MD~RE 2922 W WILLARD ST 4-1646 BRETT & ANGIE PIKE 2835 ~ SHERYL ST 4-1698 TDNY TRUDY MCDaNALD 2629 VV LER~Y CT 55.52 67.57 71.14 88.38 171.45 244.74 111.22 79.59 74.97 64.97 69.77 34.45 62.96 75.52 4-1796 JOHN & SARAH CAPRAI 1327 N RUTLED~E AVE 4-1534 MARK B1T~NI 2495 ~ SANTA CLARA DR 4-1905 DARRELL R, BYERS 15 3 3 N T4KAY WY 4-2106 DAIRLD ~[JRT~ 2293 V~ SANTA CLARA DR 4-2308 CHARLES & TDNI BUTTERFIELD 1475 N SANTA RASA PL 4-2320 ROBERT & JEAN PRZG~E I516 N VINEYARD AV 4-2326 RICHARD P. ARTS 1548 N VINEYARDS AV 5- I84 MICHAEL PARKS 406I THORN CREEK CT W 5 -274 BRENT BLASER I221 N CHERRY CREEK PL 20-170 ALVIN CLEMS~N 1500 N GREENFIELD AV 20-190 LTNDA K WARD 1655 N SUN11V1ERTREE ~Y 20-1505 J. ERIC SELLER 1885 N OAK HILLS DR 20-1664 STEVE MEDLEY 3761 W~~DM~NT DR 20-1726 NANCY MESR~P 2110 N SCI~T~ PL 20-175 ~ STEPHEN LYoNs 3602 '~ STAN~VICH DR 74.83 79.75 64.30 210.55 270.5$ 53.31 114.89 59.83 46.78 94.37 68.71 +53.45 76.26 70.44 54.60 20-1846 MICKEY L. UVARE 3721 SEA ISLAND CT 20-187.4 PAM WALKER 2024 INTERLA~HEN ~'Y 20-1984 STEVEN FEASTER 3?77 QUAKER RIDE DR 21-12 DONAL&JONI HINE 1722 TODD V~AY 21-28 DAVID L. KEMP 1860 KRISTEN ~'Y 21-52 CINDY MCKAY 2244 LEANN ~Y 21-204 DANA DUMOND 2260 CR~EKSTONE CT W 21-5 02 ROBERT STANPHILL 2518 ~UARRYSTONE ~Y N 21-996 DAVID GOURLEY 2723 V~ PEBBLESTONE CT 21-1014 DAVID FUND 2879 N ~QUARRYSTONE WY 21-1052 MARY R BARNEY 2959 N FIELDSTONE V~Y 21-1054 BERNARND BRAUSTEIN 2961 N FIELDSTONE IVY 21-,1066 NEIL SMALL~OOD 2732 VLF ~HITESTONE CT 21-1102 ERIK BEAL 2701 N OLD STONE VL~Y 21-1145 RONALD RADFORD 23 70 N MAXIE WY 95.62 60.71 70.74 51.79 94.74 76.06 59.37 71.95 128.31 65.80 58.24 44.43 51,55 144,53 73.60 ~ ~ -1 X ~~ SCOTT EASTMAN 2493 LEANN IVY 2 ~ -1162 SIDNEY & TAMMY RICA 24'17 N LEANN ~Y 2 ~ -118 DAVID CARLSON 2395 LEANN'U~Y N 21- ~ 5 90 DAVID ~HITTEN 215 ~ TDDD ~Y 21-1652 MARILYN MYERS 20$5 KRISTEN WY 21-1754 KEVIN ~ B~N~HAM 1851 KRISTEN V~Y 21-17.58 ROBERT COOK 1840 TDDD IVY 21-1.764 LINDY L. GRAPATTN 1890 MARIANNA PL 21-176G RICK K CDFFMAN 1960 MARIANNA PL 21-1.772 JDN D MANIER 1911 MARIANNA PL 21-1776 EARL FOREMAN 1920 TDDD SAY 21-1870 DDUC~LAS SCPIDPPELREY 2644 REBECCA WY 21-1928 BRUCE R. BAILEY 2590 REBECCA ~Y' 21-1944 ED'~ARD LANCE 2613 REBECCA V~Y 74.86 43.23 90.15 78.95 586.50 146.28 61.57 95.64 77.29 70.94 50.98 60.58 50.05 64.88 21-2056 JEFF SALVATaRE 1735 N VICTOR AV 21-2626 RaBERT BASAURZ 3103 W KENDRICK ST 21-263 6 Rt~BERT LUCERC~ 3041 BANNER ST W 21-2918 DAVID REYES 2953 W ELK STREAM ST 21-2954 TAM MOHR 313 8 ~V MIRAGE CT 21-2990 HUBERT PRICE 3133 MIRAGE CT W 21-2996 VALERIE MATTHEU~S 3043 W MIRAGE CT 21-3 43 6 GERALDINE BARB. 2991 '~ ~RAVENHURST ST 21-3068 PATRICK BDYDSTtTN 2943 W JOUST ST 21w3074 MICHAEL JDELS~N 2907 W JOUST ST 21-3296 DV~AYNE MDRRISDN 3037 N HEARTH AV 22-310 MICHAEL Gt]DSIL 173 0 V~ CHATEAU DR 2~-320 D~LPH HITESMAN 1810 W CHATEAU DR 22-568 RGNALD POLLARD 2307 N KUBIK PL 63.48 262.00 63.06 57.05 70.56 70, 72 116.40 94.65 69.44 43.54 102.94 65.52 55.90 59.49 22-850 KEVIN F. RIETH 121.87 r i. 2 ~ 83 N GLENNFIELD ~Y 22-914 JEAN RUCKER 98.87 226 ~ M4NACD V~Y 22-994 CHRISTOPHER GI~RGID 62.40 245 N MARBURG PL 22-1066 PAUL LINEB~RRY 85.65 2049 N SPARKLINCr PL 22-1176 RDBERT~ LINAZASDRD 99.85 2251 ~ RAINFALL ST 22-1216 ROBERT ~VHEILER 26.00 2248 ~ HENDRICKS STACK ~ CK CHCr} 22-1256 JAMES WHITE 71.14 1918 N WATERFALL AV 22-1376 RANDDLPH LEE 94.12 1944 HENDRICKS CT, 22-13 86 MICHAEL SCHAEFFER 1 X3.11 1933 ~V SANDAL'L~4~D DR 22-1406 H. BRENT PERKINS 86.44 1854 ~V MC~JLINCHEY ST 22-1412 MARTIN DUARTE 74.83 1843 ~ MC~LINCHEY ST 22-143 6 JAMES 72.49 1912 CAIRNS SAY 22-1440 J~ SEPH MMR,LER 93.84 1749 ~ HENDRICLS ST 22-1504 RANDY L. SIMPSDN 82.35 1764 SANDAL~aC~D DR 22-1518 JAMES ~VDDSLEY 181.74 1942 SANDALV~O~D DR 22-1524 CARL L. KUCH 1994 SANDAL'L~D~3D DR 22-1634 EVA LDIJISE REED 2291 N CINDER RD 31-142 MARY VANDEVENTER 1330 V~ YaST CT 31-162 JANE S CLARK 1316 ~ RADLA-L CT 31-156 RONALD GESSELLS 1990 NW 12TH AV 31-24 S R~JS SEL ~S HEU~rHINS 1525'L~ CHERRY LN 31-43 4 RAY CASTANEDA 1511 STOREY AV 31-47 S ED 15 3 2 SANDAL~DDD DR 31-53 8 ROBERT L. N~LLER 1521 KING~D~D AV 31-625 JAMES K~VACH 1319 NEV~P~RT DR 31-725 KATI~ERINE ~ERT4 13 3 2 NE~PDRT DR 31732 WILLIAM & SANDY PENDELT4N 2132 NEWPORT DR 31-770 DANIEL PARADIS 2247 N~V 15TH ST 31 ~ 1404 ROBERT BEHNER 1531 CLAIRE ST 3 ~-1045 MARY PERMAN 1481 D DR 59.34 53.22 114.55 134.55 58.67 95.32 53.42 241.10 53.75 52.39 64.Oo 92.49 67.31 148.83 50.36 31-1264 BRENT & JEAN MaRCrAN 66.71 ~ 1232 DARRAH DR 3 ~-2226 AUDRE~ JQHNSTON-ANNA HaRNE 146.93 1321 CLAIl~E ST 31-3002 DAVE CHR~STENSEN 108.76 2240 NW 15TH ST 31-3 018 FaRREST SCHUSTER 107.5 d 2218 NW 14TH ST 31-3 428 JOEL LYNN YEAGER 67.17 1339 V~ CHATEAU AV 31-3034 MARILYN~EDV~ARDS 48.16 1311 W CHATEAU AV 31-3036 BENJAMIN & PAM RABBIS 100.87 13 03 W CHATEAU AV 31-3050 DEBRA FRENCH 71.14 1065 W CHATEAU DR 31-3 05 8 D~R~THY L. HARE BUR 78.80 940 W CHATEAU DR 31-3060 DAVID BASTIAN 47.12 964 W CHATEAU DR 31-3242 DAVID E. MCWAN 100,27 2211 NW 11TH ST 31 w3 294 RDD T WERLE 92.92 1061 W NEWPORT CT 31-3364 ALLEN Bt~RCxESS 61.97 2282 NW 14TH AV 31-3458 DARRYL H~P~.INS 74.97 2048 NW 9TH PL 31-3474 SHAWN M~DC~NALD 59.65 2082 NW 14TH PL 31-3525 JACK TEAT'ER 193 S NW 11 TH AV 31 w3 5 64 DDNALI~ FICI~.ES 1416 STOREY AV 32-446 WILLIA11ii CAVINESS 2454 NW STH ST 32-456 RAR.EN I~DLEY 2171 I~ENNIERE DR 32-522 STEPI~NHAVEN 1 S43 LAWNDALE DR 32-568 MELVIN &~ DEANNA 620 CRESTMDNT CL 32-672 DOUGLAS. MCVEY 331 C R DR 32-684 SCOTT L. STUART 162 C R DR 32-792 RICHARD CHRISTIAN 2375 N GALWAY DR 32-928 PHILIP BYRNE 2320 I~NMERE DR 32-978 RICHARD ~F,HN 324 W SPICEW~aD DR 32-1256 RICHARD HEATDN 456 W WD~DBURY DR. 32-1444 RANDAL LANDIS 2574 RIDGEBERRY WY N 3 2-143 6 WALTER MaDEN 622 VLl W~DDBURY DR 32-1675 STEVEN HA,~ELTINE 121 W WATERBURY DR 151.41 1s6.7o 40.56 45.59 94.12 72.29 168.34 51.55 65.14 115.87 53.94 62.11 75.64 54, 62 55.52 3 3 - 5 ~ TEL-CAR P.Q. BQ~~414 33-1828 RQNALD BELL 117 E WQQDBURY DR 3 3 -183 8 RQDNEY PQLENSKEY 235 E WQQDBURY DR 3 3 -18 50 GARY & BQBF TTE MARSHALL 247 N LARCHMQNT PL 33-2342 JQHN CHANDLER III 654 E WQQDBURY DR 33w2344 RONALD ~ DENA PETERSEN 64D E WQQDBURY DR 33-2538 CrEQRGE MENDQZA 70D E GRQTJSE CT 33-3654 WESLEY WATTS 469 E BALDWIN ST 3 3 -43 44 MARK CIR.ELL~ 2 5 5 7 N LARCHMQNT AV 34-34Z RONALD DARCQ 1686 JERICHQ RD 34-354 ROBERT HYLTQN 1812 JERICHO RD 34-366 GREGORY ARNOLD 1926 JER~CHQ RD 34-352 RQBERT GRIlVIM 1184 E WILLQWBRQQR DR 34-388 CHARLES HQ~'ARTH 2D94 JER~CHQ WY 34-496 TIMQTHY LOVE 2D89 N SAPPHIRE PL 1468, 58 SS.77 85.92 79.89 51.99 57.05 55.82 47.95 87.66 139.63 65,46 34,$1 134.32 60.74 79.97 34-500 LAYNE MC~URITSEN 2092 N SAPPHIRE PL 34-544 RQNALD ERJCKSQN 2096 N SAPPHTRF, PL 34-696 DEANNA BUTTRAM 1513ETQ WEST 34-784 FREDERICK 'FREE 1110 E CHATEAU AV' 34-826 TECQ Il~ES'I'MENT 981 E BLUE HERON ST 34-832 MICHAEL PLETCHER 968 E BLUE HERQN ST 34-860 BENJAMIN FLYNN 980 E BRQ~N BEAR CT 34-886 ALLEN DUREN 1021 E GRQUSE DR 34-1036 RQNALD LANDQN 1288 E HUNTER DR 3 4-1 ~1'~2 CARL ~UARNBERG 2530 N BLACK BER ~Y 34M1~560 HARQLD PHILP 952 E HA'~K ST 34-1880 SHANNQN JQHNSTQN 2462 N LARK PL 34-1.888 VIKIE MARCUM 213 2 N LARK PL 34-1898 REX S. EDINGER 2111 LARK PL N 34-1900 SANFQRD E. SATES 2101 LARK PL N 85.62 78.80 53.22 71.23 42.14 55.82 48.14 114.31 90.19 138.50 67.17 139.41 95.35 55.28 58.28 34-246 DENNIS L. KINNEY ~ 53 5 TEARS AV 34-2122 GLEN SCHMIDT ~ 92~ TEARS'AV 34-2144 THUMAS A SC 1841 JERICHD RD 34-2725 RDN THURBER 121 E COUGAR CREEK DR 34-276 RICHARD THURBER 1197 E COUGAR CREEK DR 34-252 LANCE RUSS 1251 RINGNECK CT E 34-321 a TISH ~ELLINGTC~N 1327 STORMY DR E 40-66 TIM & ANGELA COCHELL 1926 E SCTMMERPLACE CT 40-248 VICTaR & DONNA GREENFIELD 1656 E SUMMERFALLS DR 42-44~ RUTH MCLE~]D 2295 GRAPEWQOD DR 4Z-444 RANDALL LEE SMITH 2327 E GRAPEV~DC~D DR 42-452 THOMAS JORGENEN 24Q9 E GRAPEW~DD DR 42-456 BARBARA CIRELLI 2443 E GRAPE~VDDD DR 42-465 KYLE HILL 2561 E GRAPE~DDD DR 42-1 X74 MARK TH4MANN 1715 E GAKCREST DR 123,~~ 73.32 11.36 74.55 59.22 49.77 36.4 63.48 55.82 45.16 41.59 95.56 59.73 1 X9.75 96.85 42-1966 CLAY A BARRY . 1964 E MEADOW WORD ST 42-1975 DAVID & SI~ELLEY MORSE 1814 MEADOW WOOD ST E 42-2424 ROBERT V. STEEN 2149 E CHATEAU DR 42-2472 TODD & LEISA MCCLINTICK 2447 NWINGATE PL 42-2252 BRAD L, MCKIl~ILEY 2220 E CHATEAU DR 42-2348 MARK DUNN 2310 N LOCHNESS WY 42-2404 PHOEBE ROSE 2277 N LOCHNESS WY 42-2 5 3 4 KELLY KILLER ZD31 LOCHMEAI7OW CT E 42w2582 LORRI CHAPMAN 2542 N MEADO'L~GLEN PL 42-2712 JERRY KNAPP 2581 N LAUGHRII7GE AV 42-2742 JOHN MCNULTY 1869 MEADOWGRAS S ST 46-214 HOME ART ~ CORP 3 844 E PRESIDENTIAL DR 46-222 KEVIN & LISA MOORE 3724 E PRESIDENTIAL DR 46=274 AUSTIN CONSTRUCTION 3791 E EISENHOWER DR 49-942 FREDRICK BAILEY 1901 LANARK ST E 55.05 45.16 75.31 X13.27 78,54 96, I4 52.99 86,32 45.9? 88.75 31.13 47.36 78.24 59.66 232.14 50-12 PAUL H. SMITH 1 29 E STATE AV 54-235 BRENTON & ~~EN ALGER 134 E STATE AV 50-242 BRENT AL~rER 120 E STATE AVE 50-1020 TECO INVESTMENTS 3 01 E GRtTBER AV 54-1195 ~LL~M GARDOSK~ 1620E 2112 ST 50-1380 GARY TIMSON 1302E 1ST ST 50-1448 V~ESLEY CORD 1412E 1ST ST 50-1412 'V~ESLEY CORTP 1420E 1ST ST 50-1508 MST1 ~ 15191ST ST E 50-1676 MARVIN M TAVARES 3 S E V~A~HIN~rTON AV 54-1704 STEVE HUNT 1 d E ~ASI~N~TON AV 50-2154 RYAN & J~,L NELSON 966 E V~INSLOW ST 50-2186 'BADE SUMMERS 1052 E ASHFORD ST 54-2354 ROBERTA ~LLIS 1372 N SANDLIN AV 54-3724 NICKIE MEATTE 989 N RALSTI~t ~L 45.36 48.16 55.52 93.72 69.77 83.63 124.00 92.80 223.80 71.68 94.29 50.72 d3.48 55.42 96.34 50-4478 MICHAEL COLEMAN 98.90 532EPINEAVE 50-445b DAVID KETTLES 13b.72 520 E PINE AV 50-4570 TERRY CLEVENGER 53.22 22b E PINE AV 51-50 AMYL FAMILY LIlVIITED 21b.9b 3 7 E BROADVL~AY AV 51-32b DAVID A RAYMOND 48.1 b 318 E BROAD'L~AY AV 51-452 RICHARD Y 74.31 319 E IDDAHO AV 51-910 JOLENE DAFIlVIER 45.1 b 513 E PINE AV 51-3040 ROSTISLAV'S FURNITURE & DESIGN 124.9b 2b5 E 5TH AVE 51-3185 MICHAEL B SCHERER b7.31 205E 3RD ST 51-3 3 ZO TIMOTHY ZIlViMER b4.5 7 234E 2ND ST 51-3810 MARK JEREL 58.25 330E 3RD ST 51-3 820 JEFFERY CHANCE 80.03 342E 3RD ST 51-4320 DOUBLE-D SERVICE CENTER 372.00 502E 1ST ST b9-b4 TODD ZIEGLER 53.12 2057 WE R IVY E b9-200 SANDRA SCHEYER 59.b5 1431 E DOBERMAN ST 69-450 MICHAEL DQLAN 65.3 5 1914 S ELKHOUND AV 69w495 JOSEPH ZEHRUNG 71.14 1072 E SHEPHERD ST 69-524 PAT & BEK~I ELQRDI 101.75 1052 E PEACOCK ST d9-528 ~ MARVIN & ~ATHLYN FIELDS d 1.97 1044 E PEACUC ST 69-566 LAWRENCE CHURCH 63.45 1035 E SHEPHERD ST d9-666 DWAYNE & LIND MQaRE 69.37 1325 E MASTIFFS ST d9-770 LARRY WAYNIENT 52.63 1698 S BLACKSMITH PL 69-775 BRADLEY W~~D d0.85 1669 S BLACKSMI'I"H PL 69-1296 N&D INC 72.40 512 E WHITEHALL ST 69-1326 GARY SAUNDERS C4NSTRUCTI~N 57.20 2454 SE 5TH WY 74-d4 VALERIE ALVES 83.86 343 SW 7TH AV 74-94 RANDY ~VINW~aD 94.95 671 PENW~DD ST 74-324 VALERIE .C~PELAND 95,62 694 PENWQ~D ST 74-354 MICHAEL SAUNDERS 47.99 678 HAN~VER CT 74-3 72 LAURA YELT~N 5 3.22 673 FULMER CT I 1-~ O3 b t i- .~.J..IAJ~N LE 7 13 ~ V i ~N 42 ROSE ~L 74-1104 DONNA ~VIEBER 3 7 RD SE CL 74-23 3 ~ RAYMOND B OBKO 173 LYNWOOD CL 74w23 bb FRANK DODGE 1000 CRESTMONT CL 74-2424 ANTHONY O'BRIEN 105b ~ KM~A ST 74-2520 DAVID TOLAND 1395 ~' KIMRA ST 74-2524 THOMAS LOVELL 1353 ~ KIlVIRA ST 74-259b SONI STARR 375 S PENNANT PL 74261 b NOEL & MARIA PETERSON 971 W KIIVIRA ST 74-2b44 SHARON HOUSE 877 ~ PENN~OOD ST 74-2662 DAVID HANSEN 4bS S OUTFIELD V~Y 74-267b RICHY BAIRD 292 ~ OUTFIELD ~'Y 74-2686 DAREN EPPERSON 214 S OUTFIELD IVY 74-2728 DEBRA O~rDEN 1112 ~REST~OOD DR 74-2744 KEVIN ABBOTT 1284 ~ CREST~VOOD DR 45.76 40.72 97.53 101.64 97.G7 47.34 42.39 68.74 51.55 51.99 53.22 64.43 48,16 93. S6 69,03 74-285a JAMES CHEESBRgUGH 519 S SPggNBILL AV 74-257.6 TRACY ~JSSERY 1345 MERGANSER DR W 74-2928 ARLIN SMITH 13 22 W PINTAIL DR 74-2932 DEVICE SPECK 1374 W PINTAIL DR 74-2936 SCgTT R NICHgLSgN 1416 W PINTAIL DR 74-3aao RICHARD PI~ILIPS 613 W CANVASBACK WY 74-3 a 10 HENRY BRgT~JMAN 669 CANVASBACK WY S 74-3 a 14 DAVID ARY 672 PELICAN WY S 74-3~OS6 DAN RAINES 600 S PELICAN WY 74-3 096 DAVID KgPET 1075 W EGRET DR 74-3122 STEVEN WESTERBER 665 S M~SCgVY AV 74-3205 TIlVI MCCULLgUGH 844 W GREENHEAD ST 74-3'216 STEVEN WILLACY f 926 W GREENHEAD ST 74-3252 CgREY KgEPPLIN 547 S PELrICAN WY ~0 MICI~AEL W BAKER 1049 W WALTMAN DR 120.37 74.53 63.48 76.71 57.a5 55.68 Sa.a3 52.x5 Sa.2Z 87.69 64.57 63.45 63.34 46.60 55.82 1 TOTAL TLIR~ OFF S 3 0 9 aMOVrrr d7,73~,7~ ~'' ~ TURN OFF LIST HISTORY ~ R U 10/00/95 235 $26,911.96 64 $6,695.95 11/15195 181 $21,043,78 35 $4,211.74 12113/95 26l $25,869.42 54 $12,519.57 2111196 246 $18,874.81 68 $5,347.35 3113196 258 $19,934.89 38 $3,154.20 4110196 262 $21,055.55 58 $4,701.91 5115195 195 $16,980.06 38 $2,113.32 6112196 263 $19,527.28 45 $3,291.16 1110196 217 $16,444.58 64 $5,610.89 817196 137 $13,860.07 98 $9,750.21 914196 142 $16,315.14 96 $10,500.74 1011196 17'3 $20,416.27 138 $16,339.93 1116195 225 $26,517.16 65 $7,815.25 1213196 364 $40,442.27 87 $9,014.00 11719? 254 $14,513.21 114 $10,116.82 214197 309 $27,139.74 f E B - 5 1997 ~~~ ~~~~