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HomeMy WebLinkAbout1997 01-21MERIDIAN CITY COUNCIL AGENDA TUESDAY, JAN UARY ~ ~ , ~ 99l - 7; ~0 P, M. DITY CGUN~IL CHAMBERS MINUTES OF SPECIAL MEETING HELD JANUARY 3, 1997: (APPROVED) MINUTES OF PREVIOUS MEETING HELD JANUARY 7, 1997: (APPROVED) 1. PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING T4 C-G BY EAGLE PARTNERS LLC: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW BY FEBRUARY 18, 1997) 2. PUBLIC HEARING CONTINUED FROM DECEMBEF~ 17, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALDS WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: (CITY ATTORNEY TO PREPARE FINDINGS Of FACT AND CONCLUSIONS OF LAW BY FEBRUARY 18, 1997) 3. ORDINANCE #749 -CHERRY PLAZA ASSOCIATES/C-C: (APPROVED) 4. ORDINANCE #750 - FARMINGTON ESTATES NO.2 VACATION: (APPROVED) 5. ORDINANCE #751 -MERIDIAN LIBRARY REZONE/L-O: (APPROVED) 6. ORDINANCE #752 -EUGENE PETERS REZONEJC-C: (APPROVED) 7. PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION NO. 7 BY STEINER DEVELOPMENT: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 8. PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0. 7 BY STEINER DEVELOPMENT: (TABLED UNTIL FEBRUARY 4, 1997) 9. MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS NO. 3: (TABLED UNTIL FEBRUARY 4, 1997) 10. ALBERTSONS INC.: DISCUSSION OF TEMPORARY OCCUPANCY PERMIT: (CONTINUE DISCUSSION ON FEBRUARY 4, 1997) ~ ~ .DEPARTMENT REPORTS: A. MAYOR ROBERT CORRIE: 1. APPOINTMENT TO PLANNING AND ZONING COMMISSION: (CONTINUE DISCUSSION ON FEBRUARY 4, 1997) B. GARY SMITH, CITY ENGINEER: 1. TRANSPORTATION TASK FORCE COMMITTEE MEETING MINUTES: 2. ASHFORD GREENS UTILITY EASEMENTS: (APPROVED) MERIDIAN CITY CGUNCIL JANUARY ~1 ~ 1991 The regular meeting of the Meridian City Council was called to artier by Mayor Robert D. Carrie at 1: 3B P. M. : MEMBERS PRESENT: Walt Morrow, Charlie Rauntree, Glenn Bentley: MEMBERS ABSENT: Ron Tolsma: GTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Bifl Gordan, Jim Johnson, Billy Ray Strite, Carla Gsborne, Pat Maloney, Ann Bowen, David Swenson, Glenn & Tresha Griffiths, Dick Williams, Chuck Harel, Kathy Tadd, Sheron Christensen, Lonnie Bastrorn, Gary Wier, John Jackson, Howard Foley, Dean Kidd, Mark Bowen, Phil Barber, Steve Bradbury, Richard Mollerup, Wally Lovan, Mike Buttner: MINUTES OF SPECIAL MEET{NG HELD JANUARY 3, 1997: Corrie: Are there any corrections ar alterations to those minutes as printed? I will entertain a motion to accept the minutes of January 3. Rountree: So moved Marrow: Second Carrie: Motion made and seconded that we accept the minutes of January 3, 1991 as written, all those in favor? Gpposed? MGTIC~N CARRIED: All Yea MINUTES OF PREVIOUS MEETING HELD JANUARY 7, 1997: Carrie: Any corrections or alterations of those minutes? Hearing Wane I will entertain a motion far their approval. Bentley: So moved Rountree: Second Rauntree: Motion made and seconded we approve the minutes of the Council held on January 1,1991, all those in favor? Gpposed? MOTION CARRIED: All Yea rr f,, 1 Meridian City Council January ~~,1991 Page ~ ITEM #1: PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: Cowie: At this time I will open the public hearing and invite a member from the eagle partners to start. Billy Ray Strite,1 DSl River Street, Boise, was sworn by the City Attorney. Strite: Mr, Mayor and members of the Council, Billy Ray Strite again, I am here again tonight as in the past representing Eagle Partners. I am here with the applicant in support of this application. In my first and actually my last visit here unfortunately I missed the proceedings of the 7t~. Councilman Morrow responsibly requested deferral of this item until such time as Ada County Highway District could in fact determine their preference for alignment far what they referred to as the new road. The plan before you tonight which is on my left, delineates the Highway District's rand of choice. This particular rand alignment was approved an April 8, further, excuse me January 8, further on January ~ 5, Ada County Highway District submitted for and received access approval from ITD far this access at the location shaven on this document. The site as you know francs Eagle ~Raad. It is situated in what Ada County Highway District in their Commission meeting stated may well be the most imporkant intersection in the State ~f Idaho. It is at the intersection of the east west main link of the State of Idaho at I-84 and the north and south link, the main north and south link in the State of Idaho and Highway 55. This site is adjacent to what roadways eventually will handle up to and maybe greater than 4,444 cars a day. The reason we are here tonight is because the visionaries who wrote your comp plan recognize this. Although they did not mention Eagle Raad in such in their policies and goals because of the fact in our opinion this was part of the area of impact they did in fact under transportation goals, transportation maps and mast importantly in our opinion in their comprehensive designation of plan mapping showed this particular area and specifically this site as a commercial site. I think that it is well documented, Mr. Jackson has a site here, I think that from the standpoint of the comprehensive plan it was always the intent that the intersection of Interchanges slang the I-84 corridor would be considered for mare intense uses. ~bviausly if you were going to provide 44,DDp cars a day going up and dawn Eagle Road and going east and west an I-84 the land uses are going to be subject to change. That is why we are here before you tonight. 1Ne are confident that this particular plan does in fact meet the intent of your comp plan as established in ~ 993. I~navving that prior to that time the interchange was in fact constructed and although again this was in the area of impact and not within the City they recognized the importance of this area in the overall mapping. I think you will also find that in the designated map for land use all the community and commercial nodal points are very consistent. Same of those now are within the City have been developed, same of those are in the area of impact are about to be developed. vVe believe this site to be one of Chase. VUe think further that having dealt with Ada County Highway District numerous times, as a matter of fact I was told tonight that they believe that tonight might be ~B~" meeting that this particular f~ Iflleridian City Council January 21,199 Page 3 application has gone through. So, I apologize to the neighborhood and I apologize to you folks. It is part of the process. The last Ada County Highway District Board meeting as I has stated delineated this particular roadway as you see it today. This roadway did in effect and perhaps it might be better stated in the conditional use, but I am going to give you a briefing as to why we believe not only is the bite adequate and probably acceptable it does allow for and has allowed for all along the 34 foot of buffer that goes from the east boundary of our parcel to the west boundary slang the northern edge. This is the south boundary if you vvill of the adjacent neighborhood. Further that road configuration with its 125 foot interior radius has actually pushed our buildings if you will to the extent where we now have 148 foot of setback from the northerly boundary for the hotel, eliminating the car wash that you saw before you in the last go around and that in effect is basically the only change that was made to the plan that was presented to yon the last time we were here. I think from the standpoint of the comprehensive plan it is our contention that this in fact does meet the intent. U1le believe the site is of adequate size, we believe that this site has the infrastructure to support the uses that are proposed here. Vlle are also convinced that we can keep the integrity of the neighborhood by virtue of the open space in the land area provided in terms of buffering. Now, if you will recall in the last time that we were together, one of the comments made was the fact that our findings of fact specifically pages 27 and 28 were left blank. I am sure that you have before you the Commissions minutes to that particular session. But far clarity and hopefully continuance or lack of continuance of another hearing perhaps it would be appropriate at this point to go ahead and specifically discuss those items and see if we cannot wrap this up here this evening. Again l refer you to the findings of fact, page 27, the first blank being item 1 ~ C, we would ask your concurrence in the fallowing. The owner of the motellhote! as alternative to constructing the motellhotel first could construct, blank, a} the proposed 34 foot landscape berm along the north property line as approved by staff along with the first construction that takes place, Said berm prior to the issuance of an occupancy permit shall be completed as well as the west boundary landscape strip of ten to 24 feet as delineated on the plan. Item 17 D, the mo#el~hatel shall have no windows or doors and I would strike second floor and add to floor and S so it would read doors or windows on the floors which face the north which is consistent with our original proposal. Item 1 ? E, Mlle would ask and I think you will find this consistent with the minutes of the proceeding Planning and Zoning Commission that the entrance to the Note! be struck out or east end replaced with or east end. As you will see there our plan has always delineated on the east end. Mlle believe it to be the most appropriate location ~inaudibie} the fact that it is parallel and directly accessible to Eagle Road. It makes site planning a little less intrusive we hope to the neighbors because all of the traffic would be going primarily east and west. Item 1 l F, we would ask and I think this is consistent again with the minutes of the Planning and Zoning Commission that the motel be no more than three stories. Item 1l H, we would ask that you strike south and insert west. We believe that the proposed as shown and has been shown ail along allows the least amount of intrusion into the adjoining neighborhoods. Again and this will be probably handled better in the conditional use proceedings the speaker to this f .:.... ~^ Meridian City Council January ~ ~ , ~ 997 Page ~ particular facility is an the north side. It is buffered in our opinion by the motel itself. It provides adequate stacking lanes that then approach the west and turn directly south. Vile believe it allows us the ability to then buffer to the west which ultimately as you can see by the document to your right will be a roadway anyway. ~a w are providing landscaping and could in fact if required provide a temporary fence. I would like to suggest that we keep temporary in there until such time as the roadway is developed by the adjacent parcel owner such that obviously we dp not want a 6 foot high or whatever height this Council determines directly adjacent to the ensuing street. Item ~ l J, we would ask that we strike the ~8 foot sign height limit and insert it as approved by staff. Item ~ l L, I would think that it would be more appropriate since McDonald's and Chevron are all in one and quite frankly are not necessarily delineated from within that item 3 be deleted and item ~ we add and McDonald's because it is all in one sentence. Item ~7 ~, we would like that written, and I think again, this appears to be consistent with the notes that I took during the Planning and Zoning Commission meeting that the setbacks will be as submitted by the applicant. one thing that 1 would suggest to you tonight is that perhaps in addition to that and received by staff an January ~ l#". The reason for that change is the fact that at the time the Planning and Zoning Commission acted on this they had not in fact been privy to the final road delineation. fur road configuration at that particular paint in time had a ~D foot right Qf way tapering back to ~0 feet along the east west corridor if you will. Today that is a 69 foot right of way from east to west with 1 ~5 centerline radius sa that the setback by merely moving the building to the south if you will increases to ~ Q~ feet. l know you are going to hear a lot of comments tonight.l just wanted to briefly bring us back up to date as what has been happening in the past and why we believe that this particular application does in fact meet the intent of the ordinance. vVe would ask that you approve not only those items delineated in section of findings of fact page 2~ and 2S but approve the annexation and rezone as submitted. Thank you. I will entertain questions. Carrie; Members of the Council do you have any questions' I would invite any other member of the public that would like to testify at this time to step fon~rard. Ann Bowen, 398' Autumn Way, Meridian, was sworn by the City Attorney. Bowen: Vllhen the Greenhill Neighborhood was planned and built Eagle Road was a two lane highway and there was na access to the freeway at all. ~0 years when this neighborhood was being built na one could have imagined what you are talking about now turning this into the busiest intersection of all of Idaho. We bought our home about 3 years ago and at that point in time there was an exit and entrance pff onto Eagle Road from the freeway. I remember our neighbors were fighting hard to try and get somebody to give us a street I fight at the corner of bath Autumn VVay and Springwood so that emergency vehicles, 9~ ~ kind of things, could even see our neighborhood to get in. ~reenhills is a nice neighborhood, there are big homes, they are on half acre and acre lots. VVhan we moved in we were told that all of the land behind us and I wish we had a better view of that, but our homes are all here located I F ~,. Meridian City Council January ~~,1997 Page ~ right here and all of these areas behind us, this is a ~ acre parcel, there is a 5 acre parcel here and each of these have homes an them that go al[ the way down. Also the people that live there are in homes with 5 acre lots and most of them awn horses and things and it was agricultural but it was changed to transitional use. The approval of a 2~ hour a day operation like this next to a neighborhood is eat a transitianal development. A three story hotel looking down into my bedroom windows is not a transitional development. These three stories, if you are standing up here on a three story motel not only could you see into the windows, they are saying there are no windows to the earth, well directly to the earth there are two houses, the 1Nilliams and the Truax's. They will be able to see out the (rant of the building right into the Christianson's back yard and everybody down from my home to Howard Foley's ,Carla Osborne lives at the very end of our neighborhood. They will be able to stand here and Ioak into her front. porch because they will be up so high, So saying that there are no windows to the earth isn't helpful to more than two homes of the entire neighborhood. There are only two homes that will affect. The rest of us wilt still have our privacy infringed upon. A ~4 hour noisy McDonald's is not my idea of transitional. A ~~ hour gas station with traffic coming and going all hours of the night is not my idea of a transitianal development. Double fronting our lots which has just happened with this new road is not a transitional development. Semi-trucks driving through all hours of the night is not transitional, I would like far you all to note how courteous it was of them to put the trash right here adjacent to the Truax's backyard, they are not paying any attention to the neighbors at all or they wouldn't have a big trash pick up right in their back yard. That is eat my idea of transitional. Radial blasting and doors opening and closing all hours of the night is eat a transitional area for any kind of neighborhood. Listening to laud speakers saying l will have a big mac and fries at ~ a,m. isn't either. And yes we will be able #o hear it, we can hear the Texaco now and it is here and we are here. We can here all the things going on at the Texaco. Sa far that to assume that we are eat going to be able to hear the orders at McDonald's they are absolutely wrong. And you all welcome to came to my house if you don't believe me. My understanding about the road that ACRD is proposing is to provide an access onto Eagle Road far the developments that they want to put in here. I was told #hat they will probably make it so if you turn in onto Magic View right here people will eat be able to came out to Magic View and make a left hand turn. That will probably be eliminated, so all major semi's and any kind of vehicles that goes in an Magic View will have to came dawn this road right here facing their headlights towards a!l of our 2 story bedroom windows to all of the homes that are here before they turn to exit out here. It is not being very courteous to a neighbarhaod or even making it possible for us to have any kind of peace and quiet. Since the Boise Towne Square Mall went in there has been just a horrible mess of traffic down there. Part of that problem is because the mall abutted up against the freeway and you can't exit four ways out of the mall. You can only exit three different directions, I see the same problem happening here, U~fe are putting a big huge development up against a freeway. If yvu development afl of this land like they are saying they are going ta, then eventually this road isn't going to hold the traffic. Since it is the only way to get onto Eagle Road you are going to have to go fjr F:,.. J ,... _ 4 Meridian City Council January 2 ~ , ~ 9~~ Page 5 somewhere else with another road. So they are going to want to punch through into our neighborhood and then everyone will exit through our neighborhood to get to Franklin ar they will punch through to Locust Grave making it sa there are two accesses to get into this area, That is a real concern to all of us. If na planning is done far future growth then we are going to have a very congested area with this new proposed road. My fear with that is I would like al! of you to pay attention that we are not just making a decision here about one five acre parcel there is a whole bunch of other property here that we need to take into consideration. We need to look down the road at what is going to work out best so that we are not back here with these same problems at the very next piece of land that is developed, We want to be able to alleviate traffic and make it so that it wilt work for everybody. Uvhat I see with this is that it will bring all of the traffic closer to our neighborhood not farther away. It wi l l make more noise and make it more difficult. As to the motel, looking at this picture of a 3 scary motel, just to put it in perspective, there are three houses Pram here to here. This motel lacks to me like it is the sire of three houses. Now how nice of a motel can this be if it is that small and it is crammed into an area this srnali, Is it going to be like a Motel 6 and is that what we really want off of one of our exits crammed in next to a McDonald's and a Chevron. I have a hard time believing it can be a very nice motel that small. Eagle Partners, I already talked about the problem with the windows facing to the north. A three story building is really imposing on any kind of a neighborhood, it is just, two stories would be enough, but 3 stories is imposing to not just the homes that abut up against it, but to the houses ~ aid ~ blocks over. Everyone will be able ta, the motel will be able to see into those people's yards. As to the Chevron, I asked each of last meeting if you would please drive by the new Chevron on Fairview over by the Fred Meyers, just to get an idea of how bright thane lights are. I bet you were all surprised at how obnoxiously bright they were. It is not the lights from the signs that are sa bad, but it is the lights at the pump. The canopy I ights that shine down. They don't shine down so that people can see far their gas, they shine out. That is a really offensive thing and I worry that if Chevron goes in those lights are going to be facing every direction and just light up the whale place like it is day. The safety issue is another thing I would like to bring up again, My children will na longer be safe in their back yard. ~4 feet is nothing, a ~ year can get across a 34 foot berm with a four foot wall. There will be no safety at ail, This development will absolutely destroy the quality of life for chase of us who live on Autumn Inlay. Vvithout question it will drop property values not just for those adjacent to this development but for people in the whole neighborhood because that is how real estate works. I would hope that the City of Meridian would consider the concerns of the homeowners when they are looking at growth and development. Especially when it is a commercial development wanting to came in on a residential area. These are serious quality of life issues that we face when commercial development comes in like this. I would like to ask the City of Meridian if they would please try to appreciate some of the concerns of the homeowners. Because this is really going to affect our lives. This development appears poorly planned to me, it is rushed, it is cramped, it is cangested, and it is obvious by the map that is the case. I don't believe it is compatible with what we would define as transitional, nor do I think it is fair to put commercial properties right C" ~f Meridian City council January 21,1991 Page 7 _.... .. ~~ up next to a home. I sense the dollar is weighing out against the quality of life here. Do we want the rich corporations like McDonald's and chevron to get richer while the rest of us lase out so that they can continue to build their empires. I feel like a peon here compared to the wealthy lawyers of Chevron and McDvnald's that came last time. I don't have a law degree, I don't have a degree in politics, I just know that 1 feel that this is wrong, this is the wrong thing to da. For the neighbors, it is the wrong thing to do for the neighborhood, there are other uses for this land that can be benefit bath parties. I am not amulti-million dollar company, but I deserve to feel safe in my own neighborhood. I deserve to be able to have a good night sleep at night in some place that is peaceful and quiet. At some point we need to make a decision that the quality of life is more important than money. Somebody must be sure that the growth is managed and channeled sa that we can assure quality of life throughout the process, Meridian has a lot of growth to still come. Yau guys are just getting started, we are one of the fastest growing states in America. We need to decide now if we are just going to let any big huge corporation take aver and do what they want or if we are going to try and protect neighborhoods, plan dawn the road and make good decisions far everybody involved, Please realise that you have the power to make the quality of life better for people if you will plan this growth carefully, Please deny this proposal. Corrie: Thank you Ann, does the Council have any questions of Ann? Anyone else from the public that would like to issue testimony at this paint? Sheron Christensen, Autumn Way, Meridian, was sworn by the City Attorney. Christensen: l can't add much to what my neighbor Ann Sowers has said. I agree with everything she said i# affects me the same way it affects her. I don't know when our subdivision was built, my house had two owners before I bought it eleven years ago this week. VlChen I bought my home Eagle I~vad was a two lane road, no off ramp from the freeway. I bought that home in what I thought was one of the best subdivisions in Meridian area. I felt that it was a neat little agricultural type Lawn that has Dairy Days still that caters to our type of living our type of birth. Currently, I am bordered on the north by Autumn Way, Eagle ~aad since its expansion and since the light when in there I can sit in my garden or weed in my garden and less than ~ D9 feet away looking into the eyes of people who are stopped at the red light. I think with a little study I could tell whether they shaved this morning or not it is that close to my home. If this road goes in on the south side then I will be bordered on three sides of my home by public roads. The thing that concerns me most of all is security as well which has been mentioned to the Planning and Zoning commission, the Eagle Partners representative testified when we suggested the possibility that there ought to be some other development there that would be a daylight development instead of a 24 hour development. It was stated ~ times in his testimony that studies showed that their development would only have 55°l4 of the traffic that an office complex would have. That surprises me that a McDonald's and a chevron could get along with their investment with only ~~°lo of the traffic that would be expected to carne to the doctors Meridian City Council January 21, 1997 Page 8 office or whoever might be located there, Vllhen the road was first proposed I called the Highway Department and visited with them a bit. I was told that usually when something like that happened and caning changed property values went up. I told him I was the first house and he said well it is obvious that your property wil[ go down instead of up. UVhen I suggested haw he would feel if he was bordered on three sides by roads and a development like this next to his place he said I would feel exactly the same way you do. I would fight it dust like you do. Now the concerns I have mostly is that every car that comes off Magic View and turns into the gas pumps at that service station when it is built will shine in my house. Every boom box that some teenager has at ~ 2 o'clock when he comes to buy gas or a McDonald hamburger wi I I wake me up from where as close as I sleep there. Every door that is slammed will be heard at my house besides the lights that will be shining in my back yard. As has been said in other meetings I not only live I my house I live a bit in the back yard once in awhile taa. It is kind of nice to have a little bit of privacy there. Any spills that are made be accidents[ or whatever will pollute the water that I drink everyday. I agree with Ann, I would suggest that you deny this proposal. Thank you. Carrie: Any questions from Council? Thank you very much, anyone else? John Jackson, 35gg Commercial Court, Meridian, was sworn by the City Attorney. Jackson: First of all I would like to say that I am not here to oppose the use or new competition I am here to oppose the road. Vlle have had several stations built next to our units before, there are several in the process now. I have never contested a new competitor that is their right and I don't believe in that, I don't like it when it would happen to me. I wouldn't be here tonight on this use except far the road, I want to touch on the reason this rand is so damaging to me and the reason I am so caught off guard by it. During the course when we permitted our site Ada County Highway District made written comments to our proposal, nothing was ever mentioned about this proposed whatever you want to call it a J road with a J collector or whatever. There was nothing ever mentioned, They are given the power to create new roads but they are suppose to select and plan these rights of ways and they are required to comply with the Iocal planning act. This new arterial is not reflected on any map or any plan. It is not an the Meridian comprehensive plan, it is na on their Destination 2415 plan, it is not on the Destination X01 Q plan. The Ada County long range highway and street map ar the transportation improvement program, it has never been contemplated un#il this development was proposed. Six months after we opened our business this road was proposed and nothing was ever said to me at all. Ulfe made a suable investment in good faith and six months later we find out we are going to be severely threatened tot he extent as I will get into later that I think may make us non-economic. UVe are talking a considerable traffic here, fur type of business is most high intense traffic generators of all. Vlle generate 540Q trips a day the applicant's estimate by ACRD is 55gg trips a day, that is over ~ 1,Og0 cars somewhere in that area right here. You have #o be convenient, if you are not convenient you are out of business. It is just a fact of life in F:.,.. Meridian City Council 11 January ~ ~ ,1997 Page 9 our business. If I could put up a map, if I didn't already misplace it. It is not a real inaudible} this is the Eagle Interchange this would be Eagle road, this is Franklin Road. This is Magic View nave, this is Autumn Way Inaudible} another driveway here into that subdivision inaudible}. This is the proposed new curbed road. Initially from ACHD numbers will exceed 10,400 to 11,040 cars a day right off the bat with both of these developments. There will be a proportion between the two but with this begin the signalised route this would be where the majority of the traffic will ga. Particularly when you consider the fact that there are in their minutes, ACHD has said this will become a na lef# turn road at Magic view. They also said at this meeting that the traffic could easily access my site which is right here ~inaudib~e}. They are saying that cars can come up and ga to the light, go around this road, come back and go into my station just as easily as they could go into this new inaudible} or they could even go up do a U turn, how many people are going to want to da a U turn an this road and come back and enter my business. You can see, if this is going to be the major intersection where the light is, this is where most of the traffic is going to ga. As on this site you can see they have got two drives allowed here, two dawn here. Customers are going #a go up here, they are not going to drive around them to came into me, they are going to drive straight into them and came straight out. They have got positive access north and south with two curb cuts on Eagle road as well as their orientation for north and south which is what they are directing traffic to do. So it is a far superior arrangement then what 1 have. It wi I l ki I I us, we wi i l not be convenient any mare. We wi l i be history. INe have only been open barely a year now and we will be wiped out. l are not exaggerating, I truly believe this because this is a convenience business and if you are not convenient people fuel up and they ga. They are not going to mess around with that, they don't do it. Even in some of the minutes of the, well actually it was the findings of fact and conclusions of law from the Meridian Planning and Zoning they say customers undoubtedly will drive from my business here and go through these fueling lands to get to this road because it is more convenient then driving around here. They are going to drive through this, this could be poten#ially a high traffic place itself. These could be roads, 10,000 people from here go through here, is this road even going to be used ar are they going to go this way. You have pedestrians, you have parking backing out, it is crazy, I can't believe it. This road, ACHD projects as much as 20,048 cars a day, that is nearly what Eagle Road is now. We are talking huge volume here, huge volume and no planning. This kind of a tight radius with garbage trucks backing out into 20,040 cars a day on curve, what are we going to da down here. Are we going to have a street light here ar are we going to have stop signs. This whole thing is coming together in such a hodge podge it is just, You can usually in a good design you can Iook at things and see that it makes sense. You can see that this doesn't make sense. ACHD was required, I was shacked to hear tonight to hear that this access has been approved because ACHD was required by ITD to submit a traffiic study which one had never been done and I checked as of today and I was told that none had ever been submitted. Further the ITD Board has to approve this access not staff and they are meeting tomorrow and they haven't had a meeting since ACHD's meeting. So I don't knave how that is even possible. Vlle were working very close with them on this and we rr {,:.. f Meridian City Council January ~ ~ ,1987 Page 1~ were supposed to be getting copies of everything, we had communication all the time and I had no idea this road had been approved. Wllhere is the study, these studies take time. It is this sort of attitude where they are just trying to cram this road down our throat in a very expeditious manner without any planning, without anybody having a chance to review it is ridiculous. They are shaping the City of Meridian or forcing this road down our throat and look at it. In the overall scheme of things I ask you does this really make sense, should we make a quick decision on this like this on a 2g,p00 car road count that before this development was proposed was npt ever in any cart of plan, no matter haw far out you ga. It was never ever there, Haw can I bui Id a business and operate and have this sort of threat, I can never it do it again. I don't understand it. I just feel tha# this road is getting crammed down our throat and I would ask the City of Meridian not to allow this to happen. It just doesn't make sense, it is going way too fast, the study, planning all of things that are suppased to be required. I would like to read a letter to you that I have. This is from the Idaho Transportation Board to the developer. It states the Idaho Transportation Department has same concerns about this application since Eagle Road is a controlled access facility. Not all requests far access are approved, Approval of the access far the new street right of way is a Highway Qoard decision. The request far access should be made as soon as possible to establish whether ar not access will be approved or the site will need access from Magic View Drive only. This application will need to include a transportation impact study. Vlfhere is it. I guess one last point I will make. Eagle Road being a controlled access facility, there is a reason far that. It expedites the flaw of traffic, and Eagle Road is a major road and it is going to have a lot of traffic. If you look here we have, let me get by bearings straight. 1Ne have currently one, two, three, four, five, six accesses off of Eagle Road between Franklin and the Interchange. That is a lot of crass traffic. Vl~ith one more that would be seven, that is a huge amount of cross traffic. Dn the south side tv Gverland Road there is zero access, it is a controlled access. They are riot supposed to give accesses out like everybody deserves one or needs one because of the interference it creates to the north and south traffic. Gn the south side as I said there are zero and now they are proposing to put another one seven is that good design, it that proper planning? The neighborhoods and all the development here will come down to Gverland Raad and access back. There isn't any of this cross traffic and yet we have seven proposed now. I just ask that you deny this because of what it is going to da to my business, the lack of planning, the way this thing is being forced down our throat without any studies, any report. It is just unbelievable to rne. Gur business would probably fail, I can't see how we can carnpete with the new business getting this sort of an advantage over and existing business. I just don't think it would wank for us. Corrie: Thank you John, any questions? Rountree: ! have a question, just looking for an opinion, you have used the wards that this road, not necessarily this proposal but this road would wipe you out. Given your knowledge of the industry wouldn't those same kinds of fears and same kinds of f ,,..... Meridian City Council January X1,1997 Page 11 disadvantages with this kind of traffic arrangement affect the service ability of the Chevron the proposed Chevron site? Jackson: No I don't feel so because they have access dawn here at the signal light. They don't have to worry about left hand turns, they have it right there an their site, they can turn in and come straight down their pumps are oriented that way. All of that traffic is going to go north and south. It is an easy in and out, they can go in there and ga out here. Mine if you can't turn left you have to ga down there drive by the cornpetitar make the loop came back on Magic View, get into our site and if you are going earth bound you have to retrack onto Magic View, turn left go down to the new collector fallow it around and get into the light. Bath times you are going right past something mare convenient, why would you da that. We only have one access off of Magic View, we have two accesses of Magic View but only one off of Eagle Road and that could be a left turn only. Mlle are severely handicapped. Crookston: Mr. Mayor I only have one question, Mr. Jackson, you made comments about this road. I assume that you were referring to Magic View rather than Eagle Road. Jackson: Which time? I have been talking about them all. I am not sure which point in time, are you talking about nor? Crookston: No, this was when you first started out. Jackson: Well when I am talking about this road and if I had a spiteful tone I would undoubtedly be talking about this new J hooked collector. Croakstvn: By what name? Jackson: What is its name? Crookston: l believe it is Magic View. Jackson: No, Rountree: It would be Bt. Luke's extended. Cowie: I think counselor when he was talking and making those comments he was pointing to the J road that is on the west side and turns and goes next to Magic View or Autumn. Crookston: is that carrect~ Jackson: Yes sir ~. ~ - Meridian City Council January 21, 1997 Page 12 Crookston: Thank you Jackson: ~Q,~go cars a day with that tight of turn that quick, it is unbelievable. Cowie: Any other questions? Morrow: I have a question, could you refresh, where is the 20,40o car count from, AGHD has indicated that this site is S~Og per day in terms of their proposal and our inaudible} how do you get to the ~Q,gQg? Jackson: That is what ACHD's staff repack says as far as building of this area will be 2D,DgU cars. Currently with this new development there will be in their estimates over 11,OOO cars initially in this area and what routes they are going to take I would say mast of them are going to take the light because it is easier to get in and out, particularly if there are no left turns. But when there rest of the area develops their number of estimates is ~g,Ogg cars per day. And it is in their staff report. Morrow: The only reference that !find in their staff report is the count on Eagle Road which is 24,Zgg and I don't know. Cowie: I think Mr. Morrow if I might an page 4, it says depending upon the final allocation of land uses total trip generation at the Magic View intersection could reach ~a,Ugg at full build out, it is right in the third paragraph. End of Tape} Jackson: Inaudible} right off the bat and as it develops out they are saying it could go to 2o,4Dg. That is nearly what Eagle Raad is, we are talking a significant thing here. This is a huge impact to throw in and force it. I am just amazed. Carla Gsborne, 3?3 Tharnwood Drive, Meridian, was sworn by the City Attorney. Gsborne: I live in Greenhill Estates, I am the mother of four children ranging in ages between four and twelve. My family and I choose to live in Greenhill because it has to offer what we want. An acre of land in a mature established, quality neighborhood. It is a safe environment surrounded by good neighbors, perfect far raising a family. A neighborhood where my children aren't at risk when they jump on their bikes and go to visit their friends down the street. Just to give you an idea of what I see when I look at out my window every morning. I cook out and I can see beautiful fields where horses run freely, pheasants and geese which nest year round. The Five Mile Creek which runs along a tree lined bank and we even have a raccoon who visits us late at night when everything is still. Gut my front window morning noon and night friendly neighbors wave as they walk, run or bike with family members, friends ar safely by themselves. I would like to ask you, does this sound Tike a fairy tale? 111~e1i it isn't, this is a quality neighborhood that any of you Council members would enjoy living in. I Meridian City Council January 21, 1997 Page 13 f would like to ask you to ask yourselves this question. if this development and thaw that will certainly follow were proposed to be built in your backyard would you vote far it? if your answer is no, we would expect the same consideration for our neighborhood. The Greenhill association has thoroughly documented why this development should not be approved. As homeowners with growing families we can't compete with big business and corporate lawyers. fur only protection is you, the City Council. 1111e depend on your the City Council far the security and the safety of our neighborhood, the privacy of our neighborhood and the continued quality of the life that we now enjoy. Through your vote you will cause a great impact on the lives our families and our children. For better far worse. Corrie: Thank you Carla, any questions from Council? Anyone else? Richard Williams, 3~ 3B Autumn Way, Meridian, was sworn by the City Attorney. Williams: Thank you Mr. Mayor, thank you Councilmen, this has been a long, involved affair and i hope to keep it brief as much as i can, I thank the staff for all of the help that they have been to us over the last eight months also. The thing that I would like to get into, very few things but we feel very appropriate. Number one, regardless of what people say, regardless of what anybpdy thinks about this, this is a very, very intense use of land, very intense. we feel it is very inappropriate, it is a seven day a week, 24 hours a day fully lighted combination uses running across the entire parcel, Fast food will be a substantial use, not a mere side line. The major gas and fuel islands are oriented north and south so that they shine directly when cars pull in they will shine directly into bedroom windows all night lang. It has been said that Eagle Road may gradually go commercial but not all commercial use is equal. The zoning ordinances that you have and other entities, Ada County, Boise City and Eagle will all have an effect an this. in this area, under the request, a hotel is permitted use but the convenience store and the gas station are only is nat. It may be if the Council believes that it would make a positive contribution and be permitted in the zone. It does not have a right to be there. A denial of the right to place this very intense combination of uses does not deny the owner the legal right to develop the land. We would like tv make that very clear. The camp plan and zoning ordinances both require that a proposed use whether it is part of the available uses in a rezone or specific use permitted be harmonious with existing uses and especially that the use be harmonious with the existing adjacent residential neighborhoods. This does nat. A 3g foot buffer, in football is a first down. The Meridian comp plan does not by a specific language at all include the Eagle Road Interchange as one of the areas where Freeway interchange oriented uses are appropriate. Until the plan is amended approvals of rezone and CUP's are contrary to the plan. Especially contrary to all of the plan policies relating to preserving and protecting residential neighborhoods providing fair transitional uses from hard commercial uses to established residential uses. Since zoning must fallow the plan this heavy concentration of very active trip generating 2~ hour a day, seven day a week use we fee[ really must be rejected. In light of that, we would ask and Meridian City Council January ~ 1, ~ 9g~ Page ~4 propose the falEowing. U11e would ask that the City Council open the comprehensive plan for amendment to the plan area that would be located and bordered by the Interstate, Locust Grove, Franklin and a portion east of Eagle Road. At present there is no punning by any entity in Ada County that addresses this area. This is a significant area far the City of Meridian. We would like to do this for a number of reasons. First of ail it will hopefully prevent these lengthy hearings and time consuming issues for bath us and for yourselves and far your staff. There has been no planning really done in this area. Yet you have hundreds of acres there that are going to be up for some type of development review over the next decade I am sure. V1le find that this project conflicts both with existing policies that the City has adopted. Again, there is nothing in any plans, City, County to date that shows that this area is anything but residential. The area that we are talking about where this five acres is a platted subdivision. It was a platted subdivision with I believe R~5 zoning until ~99~ when it was changed to RT. U1~e still haven't figured out how that was changed. But it was not RT at the onset. Eagle Hills Subdivision or the Greenhiils Estates Subdivision, Montvue Subdivision and Magic View Subdivision are all in excess of ~0 years ofd. At that point in time Eagle Road was two lanes, there was not interchange, there was no planning done out there at all in terms of anything except residential. 11~e did find it interesting that this type of develapment has been proposed at Eagle Road and ~hinden on the southeast and southwest corners. Two years ago Boise City turned down a C Mare far Stinker an that corner on the southeast corner of Eagle Road and Chinden because of the same concerns that we are voicing today. There is a proposal currently before the Boise City for the same type of development on the southwest corner of Eagle and Chinden which abuts a brand new subdivision. The City of Eagle has recommended to Boise City that it be denied because it is not harmonious with the existing neighborhoods. So please take that into consideration. This proposal does not fit in where it is. Again, if you open the comp plan for amendment I am sure that there would be a number of people within our area, both Montvue, Greenhills Estates and Magic View that would like to work with the City to develop help develop, not develop because we can't develop it, to help develop and overall plan for that entire area, one that would work far everybody, one that would be beneficial far the City, one that would be compatible with the neighborhood. Sa we ofi:er that to you in some hopes that we can move things forward but again do it under the guise of good planning. It was mentioned that this proposed street is 2D,~~0 cars a day. The noise there would exceed any highway standards for those noise level of residential. Eagle Road already exceeds the noise, the decibel levels that are under Pederai law now. There are a couple of things that l would like to point out on the map that we would like, if you are going to consider this in a positive note for the developer. Mr. Jackson was required to put in a 35 foot landscape strip along Eagle Road. This development is only required to put in 1 ~ feet or his proposal is 15 feet. St. Luke's is at least ~5 feet and in same cases significantly more. V11e would ask that if this is approved that to be compatible all along Eagle Road that this also be a 35 foot landscape strip as was recommended by your Planning and Zoning Commission and by Shari by your Planner and the correspondence that they had. That would be one thing. The other thing is we would ask that the pumps be turned east and ~.. Meridian City Council January ~~, ~g91 Page ~5 west sa that the head lights don't shine into our bedroom windows at 3 a.m. in the morning. They were originally east and west and far some reason ACHE would like it earth and south. Vile would ask that you take control of it not ACRD. This is a new design, it is significantly different, we do also find that if they do the 35 foot strip they don't have enough parking spaces as per the ordinances. which again shows that this is a very intense use of the land. 1Ne feel that is wrong, they would lase a number of parking spaces and it would be way below, we estimate about 3U parking spaces below the minimum required as the plan is shown. Again, I won't get into this document again, but just that it is for the record. I would also ask Shari, did you receive a letter from Jvhn McCready, we would like to have that entered into the public record on both this public hearing and an the other one if we could please, Montvue Subdivision is also opposed to this far the very reasons. Again we realize that development is going to occur. V11e just feel and hope that it is compatible and truly a transitional development not a high intense, ~4 hour a day, seven days a week, rain or shine in our back yards. That is all we are asking for from this Council. Thank you Corrie: Thank you Mr. ~Illilliams, any comments ar questions of the Council? Anyone else from the public that would like to enter testimony at this time? Chuck Harel, 3843 Autumn WIlay, Meridian, was sworn by the City Attorney. Horel: Gentlemen, thank you for your time this evening, I just want to thank everybody behind me who are not only here from Greenhill Estates but ether subdivisions that are genuinely concerned about the quality of life in Meridian. I got a letter that was written by my best friend who is no longer with us, Rick ~inaudible~ he did some extensive research, he was an environmental consultant when he was living. His research that he did is very defined, I want to read part of this letter and also make some comments that I feel are pertinent to go along with this. V11e are against the rezoning of the land south of the subdivision as proposed by Eagle Partners and any subsequent application tv rezone from the present status in support of our apposition to commercial development of the land. we would like to present information on two issues. Gee the potential impact of any development on our subdivision and domestic water supply. And two the potential increase in noise from any development that would add to the intolerable levels of noise that exist at present. Relative to the first issue our subdivision has two well heads in the far southeast lot of the subdivision. As prvpased by ar prvpased for the Chevron station by Eagle Partners a total of three gasoline storage tanks with 3E,Dgg gallons storage capacity would be located within 4~~ feet bf our well head. VIle do eat believe that this is acceptable at any level. In an effort to determine what an acceptable distance is for our wetl head we use the State of Idaho well head protection plan as a planning, safety and design mechanism or tool. As defined within the State plan our wells were considered public, non-community, non- transient ar a public water system that is not a community system and that regularly serves at least ~5 of the same individuals over six months of the year. Eased an review of the drill logs far the two wells, the basic one method ar approach in the Idaho Meridian City Council January 21, ~ 99? Page ~ 6 plan and a peak pumping rate of 1 QO gallons .per minute we have determined that zone ~ A which is a sanitary setback distance and zane 1 B which is a two year time of travel and zone ~ a five year time of travel and zone 3 a ~ D year time of travel. The setback distances far various contaminants relative to our wells. Based on the State of Idaho endarsed well head protection plan the zone ~ A distance is 5Q feet, the zane 1 B distance is 5,6QQ feet. It increases expedientially beyond that. zone ~ and 3 distances preclude category ~ though l contaminants Bach as underground storage tanks far petroleum products. Based on the recommendations of the State of Idaho and our support of the plan we would ask the City Council to take two actions. Not allow Eagle Partners or any other subsequent application for rezoning south of Greenhill Estates to encroach within the State of Idaho endarsed zane distance of our wells. And two may the State of Idaho well head protection plan a permanent addition to the Meridian comprehensive plan. Relative to the second issues, our subdivision is a recipient of an abnormal amount of traffic noise and that we are bounded on the south by Federal Interstate Highway 5~4, on the East by State Highway 55 and on the north by County maintained Franklin Road. Interstate is Q5 miles per hour, The State Highway is 5Q miles per hour, and Franklin Road is 45 miles per hour. Present plans call far Eagle Road ar Highway 55 to go to ~' lanes and. Franklin road to go to five lanes in the future. Traffic noise from the combination of the three roads reach intolerable levels regardless of the time of day. Eagle Road was widened in the last six years in order to mesh with the Iw84 interchange and relieve congestion, noise in down town Meridian. A critical review of the environmental assessment developed for Highway 55 or Eagle Road expansion project shows that the State of Idaho conducted noise tests that project noise levels with the new highway in 2Q years after the project was complete. Noise tests were conducted in order to use federal funds for the project. In federal not to exceed noise standards were provided, 6~ to ?0 decibels as criteria for the project and funding. State of Idaho noise test showed that the project would exceed the criteria. In fact the criteria were exceeded for a distance of 5Dq feet on both sides of the proposed highway in some situations. None of the federally proposed mitigation measures such as the noise barrier, lower speeds, exclusion of large trucks or other innovative measures were used by the State as required by federal code relative to noise abatement. As such we have a diminished quality of life in our neighbvrhaad because of traffic noise that was transferred from downtown Meridian and which exceeds the federal criteria for noise levels at present, The City of Meridian's comprehensive plan states that the City will preserve the integrity of the existing residential community. In addition the City of Meridian ordinance, #Q49, section S~~ Q12 A, public disturbance noises, states that one it is unlawful for any person to cause or for any person in possession of praperky to allow it to originate from the property sound that is a public disturbance noise. lender part B, the creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off highway vehicle or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners ar possessors of real property. Given the aforementioned ordinance we believe that any commercial development in the lands immediately south [~,..._. t Meridian City Council January ~~, ~99~' Page ~ l of our subdivision will violate the ordinance and add to the noise levels that at present exceed the Federal criteria for highway traffic noise. Based vn the statements made by the City of Meridian in the comprehensive plan and on the letter of the law in the City noise ordinance we would ask that the City Council take two actions. Nat allow Eagle Partners or any subsequent applicant for rezoning south of Greenhill Estates to add to the already very noisy neighbarhvad that we now have as a result of possibly unlawEui use of federal highway funds. And two incorporate the City of Meridian noise ordinance into the City comprehensive plan in order to protect existing residential areas. Regardless if they exist an City ar County lands from excessive levels of noise that would originate from development an City lands. Gne of the comments made by Mr. Strite was Highway ~5 is a main, is the main north south highway in Idaho and we may be splitting hairs here but it is not, it is Highway 95. Highway 55 is the scenic route. Enough said. Development is inevitable in our community and we all knawth~t. UUe feel that Meridian is a great place to live and we also feel that there are alternatives to ~4 hour services abutting residential properties. There is another issue, with the drawing as proposed our well head as stated is on the southeast corner of the lot, if I can show you inaudible} lower right hand corner you can see the star configuration and that is where the well head is. My understanding is that any time you have an ingress egress from a major thoroughfare as you have an ingress you have to have a deceleration lane. ft doesn't' show one right nave and yet we knave that it is going to have to be developed. Does this put our well head in jeopardy, this is going to literally going to be within feet of our well head. Physically what kind of jeopardy does that put that well head in. Semi comes off the road accidentally and crashes into the well system, what happens. I can't tell you because I don't know who is responsible. There are some real unanswered questions as far as what we are looking at here. In the community water system of course serves all of the Greenhill Estates. Gentlemen, I thank you far your time, if there are any questions? Carrie: Thank you Chuck, I believe I saw a couple mare hands. Howard Foley, 2~7~ Autumn Way, Meridian, was sworn by the City Attorney. Foley: I knew you would be disappointed if I didn't speak this evening, so here I am. I want to cover an issue that I have talked with you about before and which I have addressed in writing which has to do with the notice provisions required by City ordinance. I know that same of thane concerns that we have expressed before have been corrected by the applicant. I want to review very quickly a couple of those items and I want to address that issue. I want to address the issue of what type of a road is proposed here and what it means to all of us not only the residents of Greenhills but the City of Meridian. I want to talk quickly about some of the goals of the comprehensive plan and !want to talk about the burden of persuasion and whose burden that is. Very quickly as you are ail aware at the Planning and Zoning level there is a requirement within our ordinance that requires notification to be given by certified mail to any affected individual within 3ga feet of the proposed development. Meridian City Council January 2 ~ ,199? Page 18 As we have pointed out before in addition to that any individuals affected by the proposed development. We have raised that issue at Planning and Zoning, we have raised that issue before. Cur ordinances requires that the Zoning Administrator address that issue when it becomes apparent that mare than the 3 or 4 houses that are within the 3DO feet of this proposed development are affected by it. The applicant themselves have conceded that more than the three or four houses are affected by that. Certainly the number of people that are here and have shown up to these meetings attest to the fact that more than 3 or 4 residents ar homeowners who have received those certified mail certificates are affected by this proposed development. It just seems abundantly obvious to me. Additionally a burden under the ordinances placed on the Council and the Council is required to give notice again to thane people that live within the 3DD feet of the project and again to any people who are affected by it. You are tv be advised by the Zoning Administrator by our ordinances as to who those people are. We have heard from the Applicant's attorney that if there are more than either ADO either residents or homeowners who are affected then the ordinance provides that we can give notice simply by publishing that in the paper. I would submit to you that the Zoning Administrator simply has not advised anybody one way or the other about whether how many people are affected, whether it is ADD or 3~0 or 9D0 ar 5D0 ar the 5D that are sitting here or 5D. That is as we lawyers would talk about that is a failure and it is a failure You don't know, your zoning administrator hasn't made that determination one way or another. I have never seen it in the record. We don't know how many people are supposed to receive notice. The ordinances requires you as a Council once that determination has been made to advise all of those people are who are affected by first class mail, that has not been done. I think that is a defect in the notification. In addition to that I want to talk about what that notification that the 3 or 4 of us in our subdivision received. Vlle received a notification that doesn't have a darn thing, Inaudible} we didn't get this. That was filed with the City on the ~~'#", today is the ~1 ~, And so l want to go back and visit what I have talked about before what the purpose of notification is. It is just simply .plain fairness. Those people that are going to be affected by the decisions that you are called upon to make should receive ample and fair notice. if you are required to mail as the applicant is or as the City Council is to assure or the Planning and zoning Commission is required to do, notice, then you should mail notice of what is going to come before the City Council. When some material enough as this type of roadway is going to come before you is not part of that mailing procedure that goes out ~ 5 days prior to the hearing then that notice is woefully deficient, it just simply is deficient. This is not a minor deviation, and sa I bring that to you attention. I bring it to your attention not to be as I said before hypertechnical and those sort of things but just to talk about what is fair and what is appropriate that is what the notice requirements are. That has not been done, it simply has not been done by the applicant. We have hearing after hearing, time after time, seen the applicant come in at the last minute, file documents that are going to be presented before fhe administrative bodies. Nobody else gets notification. I would be the first to admit we have a pretty good network in our neighborhood, things get passed around, that is not the point, it simply is not the point. fur ordinances require that the Zoning ~f~ Meridian City Council January 21,199 Page 19 Administrator when it becomes apparent that notification beyond the 3 or 4 houses within the 30D feet required make that determination and require the notification be done. And advise you of the same sv that when you as a Council fulfill your statutory obligation that you send that notification you have done in my opinion. I want to talk to you about the roadway. Councilman Morrow asked and I want to address that directly, what is the source of the 20,000 trips per day. It is in the minutes of the ACHD meeting on January ~,1997. I would like permission from the Council as I refer to these various documents to make, I have them in bulk 1 would like to make specific copies of thane and present them to you if I may. Is that acceptable, can I submit them late, or I would be happy to hand you the packets. The ACHD minutes of January ~ 997 e$timate 20,D00 trips per day down this roadway. They state as Mr. Jackson has that at present there are 5500 trips being made. vUe all understand that if nothing mare happened with the Chevron station, what is happening now with Jackson's and if we just simply double that we are going to have about ~ ~ DD trips per day. ACHD is telling you that there is going #o be about 2D,DDD. I would tell you if you look at the Destination 2D15 study on page 8~2 they will tell yvu that a collector is defined by 75aD trips per day and no mare. This roadway gentlemen is not a collector. It is not a small roadway, this is an arterial, this is a big time arterial that is being suggested and I would submit to you as being imposed on you if you accept this plan with no planning, l would submit to you that this roadway does not exist in a planned farm in the Destination 2010 program or plan and the 2015 plan, in the Ada County long range plan, the transportation improvement program, in the comprehensive plan far the City of Meridian it just doesn't exist. This plan is suggesting #a you that you just carte blanche agree that we are going to have 20,000 trip per day roadway. And frankly whether it has to do with coming dawn the back of my neighborhood or not may not mean a lot, it means a lot to me. But to you as a City Council and a final arbitrator of what kind of roadway system we are going to have in Meridian it should mean a lot. It should mean a lot in the fact that in view of the fact that Franklin Road, the plan is to extend that or expand that to a five lane road. It should mean a lot to yvu in view of an application that has been made to the City of Meridian Planning and Zoning Commission in December far a light industrial development at the southwest Garner of Locust Grove and Franklin. I submit to you that if you just take this roadway and just run it west that is the application dawn there far Light Industrial. Sa what are we doing, are we going to now have 20,000 here or are we going to extend this roadway, is that what we are going tv da all the way down the boundary of our residences until we inaudible} Locust gave. Are we going to da that or not or are we going to as it is inaudible}this is the westerly direction that will go to Locust Grave. Inaudible} The point is where is the planning in all of this2 It is ACHD's idea as we understand it from the applicant and everybody else that this new road be created. Sa where are we going to go with it. UVhy are we creating it. vVho is going to decide it and shouldn't we plan just a little bit. This is not just a small two lane little road that we are going to run a few cars up and dawn. I want to address a couple of things in terms of our comprehensive plan. As been mentioned before Eagle Road I not included in that plan, it is just not planned for and it is not part of a planned interchange. T`he planning is deficient, it is not anybody's fault, the city is growing a Meridian City Council January 2~, ~99~ Page ~0 great deaf, it is hard to keep up we understand that, But I guess we are asking you to think about these things before we dust start something without any planning and withou# any direction and not knowing where we are going. Gur comprehensive plan provides as a policy matter at section 5.~ and 1.4 that we are to do detailed marketing studies in any mixed use area, we haven't lane that. The comprehensive plan provides in the neighborhood identity goals statement at section 5.5U that any sand use planning reflect the character of existing neighborhoods. I want to emphasize the fact that we are an existing neighborhood, this is the new development that is coming in. It is not new versus new this new versus existing. Cur comprehensive plan at paragraph 6.BU provides that the neighborhood policy plans are to preserve and improve existing neighborhoods. The goals of the comprehensive plan at item 2 tell us that we are to ensure the growth and development occur in an orderly fashion, this is not orderly. Item 8 to establish compatible use of land and page 2~ of the comprehensive plan that we are to arrange mayor land uses and preserve the integrity and amenities of residential neighborhoods. That is part of our camprehensive plan. This plan does not do that. The last thing I want to address is simply the burden of persuasion. The City Attorney will certainly tack with you about that if you need to ask questions, I suspect that you don't. The burden is an the applicant, the burden is on the applicant to persuade you that and convince you that they have complied with the comprehensive plan, that the zoning ordinances that exist in the City of Meridian have been complied with. That the notice requirements have been complied with. And that there is great logic in creating a ~B,ggg trip per day roadway when we don't know ultimately where it is going to go and what it is going to connect intr. You have in your packets and evidence before you that part of where this roadway goes whichever direction it goes to the west is going to go into the wetlands area. You are going to have problems with the corp. of engineers and other things dawn there. That it is going to affect locust Grove Heights Subdivision. And it is going to affect o#her residential areas. l would submit to you that the applicant simply has failed to carry that burden. Yau shouldn't grant this application, it is certainly a disaster for our neighborhood, but l suggest to you that it is a bigger disaster from a planning standpoint for the City of Meridian. Thanks, can l get a ruling of whether I can submit these documents later or do you want them now? Corrie: I would say that you submit them now, Crookston: Excuse me, what do you have with you now Howard? Foley: I have copies of the ordinance, I have copies of the ACHD Destination ~g15 plan, I have copies of the publication of the industrial use property. l have cart of a slug of stuff. Crookston: is there a problem with you leaving that here and replacing it. Foley: No Meridian City Council January 21, 1997 Page 21 Crookston: Mr. Mayor and Council 1 think it would be preferable for keeping of the record that we have that and that the Council approve that it be replaced. Corrie: I am sorry Counselor, that the Council approve what? Crookston: That the Council approve that it may be replaced by Mr. Foley. Foley: I would be happy to stand for question. Corrie: Any questions? Anyone else from the public that hasn't testified? David Swenson, ~~g3 Springwood, ftlleridian, was sworn by the City Attorney. Swenson: You have heard, this has been going an and on and an. I think all of us here have spent night after night after night in either this meeting or that. ACHD or one meeting after another. I think you have plenty of argument in front of you to make a decision either way. There is plenty of justification could be found in the records of these meetings to approve it or disapprove it. l think you have heard everything previously that I would say in terms of argument against granting this kind of approval to build this development. My concern is and I will be brief, it will just be a moment. l would like to just address what is the underlying principle and philosophy that we operate under here? I have driven, I grew up in San Jose and in San Jose when my family moved there it was all orchards and vineyards. If you have been there lately I don't even like to ga back to it. I have lived in suburbs of Los Angeles, some of them well planned, some of them not, You can tell which communities have a City Council that cares about the community and which don't It stands out and it is a testament to the City Council what the camrnunity Iooks like. My concern is what motivates this kind of decision. You have heard everything and you have heard it again and again and again and it has to be really boring to sit where you are sitting. vVe appreciate all that you do we know that this is not an easy commitment in your lives. Politically the people that have spoken tonight mast of us are political rookies. We appreciate the chance to participate in the process, but our feeling is that we have been kind of steam rolled since this whale thing started. vVe are not as sophisticated as those who do this day in and day out. I think the community doesn't want this. The people who live here don't want this, l hope that is clear, this neighborhood is pretty united about this, vve don't feel like we have necessarily been very well listened to. I think we feel like there are other options and we would encourage you to be patient and look at some of the other options that will certainly come to you for development of this property. We know it has to happen but we don't feel like this is a good choice. In fact we feel like it is wrong. Just, I suppose I wouldn't have thought myself speaking on behalf of Jackson's except that he was given approval to build a business and invested a considerable amount of capital and then a year later we are looking at making changes here that just doesn't seem fair. It doesn't seem right to what his business, and that is far enough away from our neighborhood. vlJe just think that we don't need to have another gear ~. Meridian City Council January 21,199 Page 22 jammer at this intersection. It is not necessary and this isn't a particularly good place, I don't think we are going to do anything for Meridian by approving this, 1 don't want to take any more of your time but, whether it is 20,000 ar 1 D,OD4 or ~ 1,QOQ the community here doesn't want it. 1 don't knave what your compelling interest would be in approving it. All ofi us are going to ask ourselves that question if it is approved. What are you thinking of? If you do approve it we would like to hear what you are thinking af. It is important to us End of Tape} Dean Kidd, ~~ 2~ Autumn vVay, Meridian, was sworn by the City Attorney. Kidd: Council members, Mr. Mayor, I have been a resident of the Oreenhills Subdivision now since 1988. Due to my line of work I haven't been able to have a lot of input into the previous hearings and I am not fully knowledged on exactly the fine details. I can tell you from just listening hear tonight with what I see with the plan and also previous testimony there is something dramatically wrong with this plan. I guess the simplest way to put it Council members is that you would have to live in the area to really understand what I am talking about. Part of it is the traffic congestion created, now I was always under the impression that someday l wanted to build a convenience store maybe as a retirement or whatever. I guarantee the first place I would Ioak would be an a carnet. Garners are always more amenable to the convenience fast in and fast out type of service. The thing that I see wrong here is that anybody entering into the facility being the existing Jackson's now ar the proposed Chevronlmatellhotel is that they have got a lane of traffic to cross. Right now they have got two lanes, we are proposing Eagle Road being expanded and they would have that many mare lanes. Understanding if you were traveling nar#h and you wanted to turn in off of Eagle Road you have all of these lanes of traffic to cross aver. We have got that right now with Jackson's. When it was laid out and Jackson's was put in we have accepted that as homeowners and residents in the area. But looking at the stop light that was put in afterwards to I guess accommodate the hospital facility there is tremendous conflict. There was some very poor planning put into the stop light afterwards. I feel that the stop light should have been at Jackson's, you have a tough time getting in and out of Jackson's, it has became a dangerous scenario and the stop light is only actually helping a few people that turn in and out of St. Luke's. My whole paint here is that everything that has been said tonight, I don't want to ga in and reiterate any of it, I agree with the fact that this is a very poor plan and that there needs to be some very serious consideration an how this land is to be used. With the proposed planning and the expansion of Eagle Road we have got Franklin that has been mentioned, the traffic congestion is becoming horrendous for those of us that have to drive it on a daily basis. Sometimes I will travel it 3 and ~ times a day. It is becoming like a gauntlet when you are in line with people going earth bound headed home, going south bound headed home and I have this one narrow lane to pull into and I have traffic that is going past me a zillion miles an hour it seems like. Once that traffic light was put in my space was narrowed down to approximately two car lengths and that is what inaudible} waiting far the an bound traffic to break so that I can cross and ga into the pausing development. 4~ Meridian City Council January ~ ~ ,1997 Rage ~3 It has become a very dangerous situation. To tell you a little bit about how dangerous the community is becoming there was a fatality this morning on Qverland Road. There was a pair of fatalities the night before last on Qrchard. There was a back wreck here over Christmas right at this intersection that we are speaking about. 1Ne are looking at it, it is a fact that we are going to face. vllith proper planning and l am sure your good judgment that we can make this, we can do the give and take to where the expansion can take place and we can still have the quality of life that we have now. I thank you very kindly and I would be more than happy to entertain any questions. Currie: Thank you Dean, any questions of Council's Mark Bowen, 3951 Autumn vlray, Meridian, was sworn by the City Attorney. Bowen: Mr. Mayor and members of the Council, I just want to make a few comments I will be really brief. My overall concern is with the general lack of planning and generalEy a frustration with the inability to deal with the area as a whole. I have had the opportunity to read the traffic report from the adjacent site and have seen the numbers bantered about by ACHD and ITD and other oansultants in the area. The numbers are talking about far traffic aside from the development here an the west side of Eagle Road the numbers are huge, astronomical. Uve ail recognize that and the complications or difficulties presented by the numbers of trip generations by all of these possible developments are daunting. The traffic issues are extremely complicated and to me in dealing with this with a spot approach at a time, one parcel at a time is not getting at the larger problem. vile have a real potential to have worse congestion problem than they have at the mall due to the difficulties presented by the proximity of these accesses to Eagle Road combined with the number of trips generated on each of these possible sites. You carnbine that with the fact that this particular proposal if you Iook at the site it doesn't take much to soak at it and realize that is an extremely congested site. As Dick mentioned it is an intensive use. You look at the proximity of that hotel relative to the new proposed roadway and if you talk about ~9,D09 trips generated on that new road #here I don't think a 50 foot right of way will suffice. And you look at the proximity of that road relative to the hotel, relative to the 3B foot buffer where does it go, does it take away from the buffer, does it move the hotel. There are just huge issues to deal with. You combine the congestion of the site with the number of trips generated from the west side and from Eagle Road and the possible developments south of the freeway and we just ended up with a genera! congested area that we are dealing with on a spat by spot basis as far as planning goes. I would like to see a way to get at the planning of this area for all of those concerned. There are many of us that have huge concerns and interests, the developer included quite frankly. St. Luke's, Montvue, Greenhill, Jackson's, the developer here and future developers all have a general interest in seeing that the proper thing is done here and l don't think that can be achieved on a single spot by spot approval. I would request that you deny this proposal and somehow we develop a way that we can get at planning of this area in general for all of those concerned. Thank you. i` Meridian City Council January 2 ~ , ~ 99l Page ~4 Corrie: Any questions from Council? Anyone else from the public at this time? Glenn Griffiths, ~~ 95 North Montvue Drive, Meridian, was sworn by the City Attorney. Griffiths: I am here tonight gentlemen of the Council to represent the residents of the Mantvue Park subdivision and to state our support of the Greenhill Estates subdivision and their efforts to get this application turned dawn. UUe are in the view that is maybe not directly influencing us immediately if this development is approved. In the future we feel that it will affect us. I have a map here that is put out by ACHD staff report, you probably all have one. It dust goes to show how they view us already, it is not even an update map of our subdivision it doesn't show haw, a lot of these residents aren't even here anymore. Half of this was wiped out when Eagle Raad was widened, this is Eagle Raad right here. It doesn't even correctly show the access of our subdivisian abutting directly across from Springwood Drive which is one of the entrances into the Greenhill Estates. This is the affected parcel here tonight, it is small, it is ~ acres. My view, this kind ~f development does even fit on five acres. It is small, it will generate traffic, I have a letter fram our attorney representing our subdivisian and we would like it to be submitted into the record. I would generate the question why the road, my view is the answer state that they want to utilize the stop light already at the entrance to St. Luke's to benefit their business to ,possibly draw away business from Jackson's if possible, it makes sense. Another possibility to us, ante that road is in place why not turn St. Luke's private drive into a main thoroughfare through there. It has already been recommended by ACHD as something we have been before the City Council to appose and do not want to see it happen. To me the stop light should be moved down to Magic View Drive, it makes mare sense, you have a business there already. Like the gentleman stated earlier it is a mess to get into that business. People already illegally use the turn lane to drive dawn to the stop light when traffic is backed up. And it is only going to get worse. We keep adding businesses to this community pretty soon traffic won't even flow by there. That is all I have to say. Carrie: Any questions? Thank you, anybody else fram the public that wants to issue testimony at this time? geeing none a representative fram the Eagle Partners want to have a last crack at this before we mane an. Strite: Mr. Mayor and members of the Council, you have heard some pretty compelling testimony here tonight and certainly I am not going to call it redundant we have heard it before and I am sure we will probably hear again during the conditional use hearing. Let me dust emphasize 1 think on behalf of the applicant the roads seems to be the biggest topic this evening. As you well know and as your staff well knows our application was submitted without this roadway. This applicant was compelled to provide the roadway by Ada County Highway District, it was their meeting with your staff based upon your comprehensive plan that determined the need for this roadway. This roadway is not a result of this application, it has nothing to do with this application Meridian City Council January 21, 1997 Page 25 quite frankly at this paint. It did at the beginning, i# is what spurred all of this comment in the beginning when it started. However, as l was told by Ada County Highway District and I think you can find it on page l believe it is page 4 of the January St" approval, this particular roadway is going to go in there whether this development is there ar not. It is there safely to provide you the ability to move traffic from the resulting acreage which in the long term as determined by your comprehensive plan is going to be mare intensely developed. They are suggesting that they need an access to a signalized intersection in an effort to exit traffic that is going to develop from those parcels that are west of this site. This site today and I think you can find that again in Ada County Highway District's origins! comments could stand on its own without that roadway. There is 5508 trips I believe also that ACHD commented that same 4g to 45% of those are already on the road. They are not new trips, they are there. Sa this roadway is going to be there regardless and I can only state to you that the applicant has done what I believe is the thing that based upon what he has had to deaf with he has gone the extra mile. He started out with a 5 acre site, he is down to ~.4 or 4.2 now, I haven?t calculated nor has the engineer. The resulting take by the curve in the road however we have gone from a five acre site down to a 4.4 acre site in an effort to accommodate lTD and to accommodate Ada County Highway District. And so I just wanted to emphasize because the roadway has become such a large issue here and understandably we certainly did not want it ourselves but l would like tv suggest to you that this is an Ada County Highway District issue and I think that your staff, Ada County Highway District combined should have and could have and probably would be mast appropriate to have joined farces with Mr. Jackson, ourselves and the neighborhood in an attempt to get that signal moved from its present location to Magic 1~iew. I will tell you 1 spoke to Mr. Chuck Uvinder, the Department of Transportation head, Mr. Jackson did in fact along with the neighbors take their proposal to the board. The board suggested that the protocol was that they had to take it back to the District. The District makes recommendations and it is then passed auto the board. Contrary to Mr. Jackson's comments Ada County Highway District is a public entity, it is not required to one provide a traffic study nor two ask for a board decision an access control and I think that is something that was misstated and I am sure it is because he is unfamiliar with the process. I spoke to Mr. David Schplitz of Ada County Highway District to ascertain that myself, We are involved in a project down town Boise where we as the applicant are required to petition ITD as a public entity that is not a requirement. As a private enterprise as Mr. Jackson has already lane it is required that they petition the board in an effort to get an access control approved. So #his whole road idea I would like to suggest to you that if it were up to us the applicant we would Pike to go back to square one and provide the buffering that we have always provided and eliminate the road, it would be better far everyone. Only that is out of our control. That decision was made on January 8t~ by the Board of ACHD Commissioners. Vve had no basicall , ve little y ~ testimony quite frankly. The majority of the testimony came from the neighborhood and Jackson's. But I think we were all in concert in suggesting that we did not want the rand one, two we wanted the signal relocated. Well obviously we failed in bath cases. The roadway is there and in my opinion as I have just assessed to you my discussions Meridian City Council January X1,1997 Page 2B with Mr. vllinder there is a good chance that the traffic signal will remain exactly where it is. So with that I will entertain any questions if I might, perhaps same of this stuff would have came to light in the conditional use, that may in fact be more redundant yet. I will answer any questions I can if you have such. Marrow: I would like to pursue the road issue a little mare to lay to rest the ~~,4aU traffic count. I think that by virkue of ACHD's comments it is predicated upon the complete development out of that entire five acre tract subdivision. I think the issue with ACHD is that the development out of this particular parcel of property including a!I of the five acre tracts would generate ~Q,ggg. I want you to and you seem to be more familiar with the ITD process. vlJe have in receipt a letter from St. Luke's that we received an the 2Bt" of December written by them an December 1~t" to the Idaho Transportation Department. Not opposing the moving of the light if St. Luke's was made whole to where it lines up in a reasonable manner. It seems to me that whether the numbers are ~ 1,OB~ or 2a,4ga or something greater it makes mare sense to have a straight away road approach. I guess what I am asking you far is your comment as being involved in this how do we whether it is this development ar future development that is going to take place there get to ACHD and ITD to have a sensible access tv Eagle Road based an what you have just talked about? It doesn't seem like any of the players are opposed to it but it seems like the governmental entities ACHD and iTD are not getting us where we need to be is my point, haw do we get to that pain# based on your expertise? Strite: Mr. Mayor and Councilman Marrow, I think that is a very astute question, quite frankly I am not an engineer, I do however get involved in a number of these types of projects which da include bath ITD and ACHD, It would be my suggestion that if in fact in concert with Mr. Jackson, the neighborhood and the applicant that perhaps the City council went back to Ada County Highway District, this would be my approach, and start with the Board there, Suggesting quite frankly, I don't think l can question the 20,BBB cars a day. I don't think anyone can. Ulre know we have 75 acres of passible development there without question, If that developed in nothing mare than office for instance under the mixed use policies here that is 75 times ten cars a day and it comes out to an astronomical number but when you reduce it down to the intersection, Ada County Highway District comes up with ~~,9Q~ additional new trips at that intersection ar at an intersection that is signalized and controlled. Naw quite frankly I am of the same opinion of you and believe it ar not the neighbors and also St. Luke's. !think that signal should have been placed at Magic view. The question was as I understood from Ada County Highway District, Mr. 1JVilliams sat in an the meeting, we had Ada County Highway District Commission member, one commission member, we had their full staff, we had dreg Lannigan from ITD and I believe we had Larry Straugh Pram ITD. The question is more of a philosophical one, I think quite frankly it is not even philosophical it may be mare political as such. The thing that is holding this up from the Board's perspective is that you have a group of engineers that are telling us that intersection of Magic view is too close to lTD's intersection to allow a controlled access. And that is +.. i Meridian City Council January 2~, ~ 99~ Page 2? their bottom line. I think you will find that consistent with Ada County Highway District's Hates. I am not a traffic engineer but 1 believe in reading the traffic studies that Mr. Jackson commissioned it appeared to me that they made three very strong arguments for moving that signal. Ada County Highway District and quite frankly as I understand it and maybe Mr, Barber can help me with this I believe that did go on to District III, ITD, they also had found faults in the traffic study. In my opinian it seemed mare obvious and perhaps unfortunately from the layman's standpoint the obvious is not always the best solution. They told us in a meeting that the study that was provided by Mr. Jackson was inaccurate and they wanted him to ga back and re-work it. l cannot tell you where that is tonight because I have not had the goad fortune to talk to Mr. Barber relative to where that issue is. I can tell you that Ada County Highway District Mr. Dave Schplitz, traffic engineer there, told me as fate as Monday morning in a meeting that we had there that Mr. Barber has not resubmitted or submitted an application to District III for moving the line. I am not sure of that, I would hope that Mr. Barber is still here, perhaps he can answer it. But my opinion to try and shorten this whale thing is that l think it is going to take this Council and same action by this Council relative to that road at a higher level than Ada County Highway District and perhaps even District III. Carrie: Any further questions? Thank you Mr. Strite. I may be politically wrong here but I think Ada County Highway District has engineers and Hat planners on their staff if I am not mistaken. I don't think they have planners at such, it is mostly engineers. Rountree: They have both. Corrie: okay, Council, do you have any questions of staff or any comments before I close the public hearing. At this paint then I will close the public hearing, Council questions or comments. Bentley: Mr. Mayor, I had prepared comments for two meetings but we had decided to hold off until we had ACHD's recommendation on the road. My observations, I have some real problems with this road in itself. I think i# is a bad idea, l also on the surface have a problem with what Mr. Foley brought up about the noticing problems. Sut also with reading the Camp plan, the camp plan refers to the entrances of the City should be enhanced and protected. I feel that a row of gas stations and service stations does Hat serve that need. Also in the camp plan it addresses the need for transition and buffering with subdivisions and going from commercial to residential. I don't feel that a ~4 hour gas station and a 2~ hour hotel and restaurant serves that purpose, As one of the ladies spoke and I don't remember which one it was concerning the lighting problem on the canopy. I had noticed that right after the Chevron opened over on Fairview, that they had changed their lighting fixtures and it does indeed create quite a glare. If we had same houses out there on Fairview I am sure we would be getting some calls at City Hall. My awn personal opinian, a better site far this project could be on the south side of the interstate where it is wide open, there are no houses to contend with. Their signage, I didn't have a problem with the signage that was brought. I Meridian City Council January 2 ~ , ~ gg~ Page ~8 1 But I think on this site they will have a problem with the signage when St. Luke's starts their expansion. Because any westbound traffic ante St. Luke's expands will not be able to see the Chevron sitting back there, In my opinion I will not be supporting this project and I will leave this to the rest of the Council far their comments. Corrie: Council, other members comments? Rountree: I just have a real brief comment and I think it probably was best said by an individual tonight and ail of the rest could have been unsaid, and that is this is no# the first and I would add to that not the last of the development that is going to be proposed for this area. Given that I am not at this point inclined to support the application far annexation to the City of Meridian. Though I recognize that viii probably happen at same point in time in the future or maybe now. That would be my inclination in the text of the decision in the findings of fact on this project. Corrie: Thank you Mr. Rountree, any other comments from the Council? Marrow: Mr. Mayor, I think I am going to make my comments primarily from a technical standpoint. I know that there are those in this room that testified tonight that have supported regional malts in this very location that were supporters of Eagle Road being expanded, of the interchange being put in. Those were all things that were planned same years ago for the growth of our City, 1111ith respect to this current application it appears to me that we need as a City to look at all 75 acres. The concept and my reason for questioning Mr. Strite with respect to ACHD and this rand makes absolutely no sense to me at all, The St. Luke's willing to be a party and moving the intersection to another site. Na matter what is planned for this ground and the fact that everybody seems tv be in agreement that this is the wrong site for an intersection seems to make sense to me that this road proposal far this usage or any other usage is inadequate not very weft thought out on the part of ACHE, l recognize what it is they are going far I just disagree with it. It makes sense to me that if you are going to develop ultimately a l5 acre site into a multitude of uses that you have one point of ingress and egress that is of sufficient size that it can access a 7 lane read in a reasonable manner. To the west the protection of a five lane road at Locust Grove and an overpass that ultimately goes over the freeway would preclude pass through traffic in that one mile section. The reality though is that 75 acres needs to be better planned and bet#er thought out than this proposal coming to us from ACHD. The other thing that l have a problem with is that this proposal and somebody raised the paint and this is a very valid point is that we have a 35 foot landscape buffering already existing by virtue of the things that have been approved. I want to see that continued, it makes a lot of sense from that standpoint to continue that on through. This application does not in fact da that. That may have been a casualty of the moving of the road system. It is apparent that neither the applicant, the neighborhood or the City in my mind is in favor of the particular road system through there. I guess the other issue from my standpoint and probably the most persuasive outside of the road and the landscaping is that I am not personally Meridian City Council January ~ ~ , ~ 997 Page ~9 convinced that it is in the best interest of a subdivision to have a moteVhotel adjacent to it. I think that there is a responsibility on the part of elected officials to do the very best that they can in terms of preserving neighborhoods that are well developed and well established. It seems to me that what needs to happen for this parcel of ground, recognizing that there are several five acre tract owners that create the 75 acres is that there needs to be a better division between whatever the use is going to be in this ground and the existing neighborhood. At some point in the future if the neighborhood opts to redevelop to something else that is a decision that the land owners and the Gounci# can make. From my perspective at this point for those three reasons, four reasons I will not be supporting this design confguration for this development. The findings of fact which we will ask for I think to be drawn new because of substantial additional testimony in our next motion will ref#ect my opinion as that part of the findings of fact. Having stated tha#, Mr. Mayor, I would like to move that we instruct the City Attorney to prepare findings of fact and conclusions. Bentley: Second Gorrie: Motion made by Mr. Marrow, second by Mr. Bent#ey that we instruct the Gity Attorney to draw up new findings of fact and conclusions of law, any further discussion? Al# those in favor? Opposed? MOTION CARRIED: All Yea Crookston: I think that the proposal by our normal proceedings we would have the findings of fact and conclusions of law the new ones done at the first meeting of the Gouncil in February which is February 4t". ~lllith the nature of this application I would like a little more time than that to prepare those findings. Rountree: How much time do you want? Crookston: I think that this particular proposal has the possibility of further disputes, I think we need to make the findings as specific and concise and logical as I and my associates can possibly do. Gorrie: Then you are requesting the ~ 8t" of February? Crookston: I would request that. Morrow: Mr. Mayor 1 would move that we instruct the City Attorney to prepare findings of fact and conclusions of law for the annexation and zoning request to C~G by Eagle Partners LLC to be due no later than February ~ 8,1997. Rountree: Second Meridian City Council January ~1, ~ 99~ Page 34 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have have the new findings of fact and conclusions of law an the request far annexation and zoning to C-G by Eagle Partners LLC to be no later than February ~ Sty, alf those in favor? Dpposed? M~TI~N CARRIED; All Yea ITEM #2: PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALDS WITH A DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: Corrie: At this time I will open the public hearing for the conditional use permit, would the representative from Eagle Partners please came up. Billy Ray Strite, ~ 68?' River Street, Boise, was sworn by the pity Attorney. Strite: Mr. Mayor and members of the Council in light of the last decision I think it would be inappropriate and untimely far these people to spend the rest of the night going through redundancies. Sa I think at this paint we are prepared to take your decision for the annexation which in my opinion renders the conditional use a moot paint. Crookston: Mr. Strite, I would comment that we have to prepare findings of fact and conclusions of law, I understand why you are possibly making your statements about that, but the Council at this puncture has not made a decision. That is dust for the record. Strite: Mr. Mayor, Mr. Crookston, I fully understand that. l have no further testimony. Corrie: Thank you, Council any questions? Any further testimony from public on the conditional use permit at this paint? Phil Barber, 8l7 Main Street, Boisef was sworn by the City Attorney. Barber: I am Counsel for Jackson's, I would like simply that the record made in the prior public hearing be used as the record an behalf of Jackson's for this public hearing. Howard Foley, 28~~ Autumn UVay, Meridian, was sworn by the City Attorney. Foley: I dust ask that the Council incorporate the comments made on behalf of Greenhills representatives also be incorporated into the record for the purpose of the conditional use permit. Corrie: Any further testimony from the public? Meridian Clty Council January ~1, ~ 997 Page ~~ ~. Strite: Mr. Mayor and members of the Council, I have been informed that as suggested we would like to have our testimony from the previous application be put in as testimony for this conditional use. Carrie; Thank you Mr, trite, any further testimony? Seeing none I will close the public hearing for the request far a conditional use permit, Council? Morrow; Mr. Mayor I would move for findings of fact and conclusions of law. Rountree. Second Carrie; Da you want it far the 18t~ as well? Marrow; Please Corrie: Motion made by Mr. Morrow, second by Mr. Rountree for new findings of fact and conclusions of law for conditional use permit far the Chevron C-store, McDonalds drive through and the hotel by Eagle Partners LLC far February ~ 8~~, any further discussion? All Chase in favor? apposed? MOTION CARRIED: All Yea V1lilliams: In light of my comments about if the Council decides to open the comprehensive plan for amendment and the planning of that area, we of the Greenhill Estates the areas around there would be most interested and obviously concerned about that. And wauid volunteer our time, I would volunteer my self to be the contact paint for any committees that you would want, an ad-hoc committee for example that you might desire to farm to do that. Because obviously we have an interest also and we would, our preference is to work with the City, we feel that would be the way to do it. So, dust as a matter of retard I would like to make that offer. FIVE MINUTE RECESS ITEM #3: ORDINANCE #749 -CHERRY PLAZA ASSOCIATES/C-C: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SW %4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #749 read in its entirety? Seeing none I will entertain a motion. Bentley; Mr. Mayor, ~ move we adapt Grdinance #?49 with suspension of rules. I I Meridian City Council January ~ ~ , ~ 99l Page 32 Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr, Rountree to adopt Ordinance #?'~9 with suspension of the rules, any further discussion? Roll call vote ROLL CALL VOTE: Marrow -Yea, Bentley -Yea, Rountree -Yea, Talsma -Absent MOTION CARRIED: All Yea ITEM #4: ORDINANCE #750 - FARMINGTQN ESTATES NO. 2 VACATION: Corrie: AN ORDINANCE VACATING THE SUBDIVISION OF FARMINGTON ESTATES NO. 2 RECORDED IN ADA COUNTY, IDAHO ACCORDING TO THE OFFICIAL PLAT THEREOF IN BOOK 45 OF PLATS AT PAGES 3709 AND 3910 RECORDED DECEMBER 27, 1978 AS INSTRUMENT NUMBER 7868376 RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #750 read in its entirety? Seeing none I will entertain a motion on Ordinance #750. Rountree: Mr. Mayor, I mane that we approve ordinance #l5~ with suspension of rules. Bentley: Second Corrie: Matian made by Mr, Rountree, second by Mr. Bentley that we approve ordinance #~5Q with suspension of rules, roll call vote. RILL CALL VOTE: MQrraw -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Absent MOTION CARRIED: All Yea ITEM #5: ORDINANCE #751 -MERIDIAN LIBRARY REZONE/L-O: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY TO THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE SE '/4 OF THE SW '/4 OF SECT(0(V 1, T.3N, R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance with reference to the Meridian Free Library, does anybody in the audience that would like to have the ordinance read in its entirety? Hearing none I will entertain a motion. Bentley: Mr. Mayor, I move we adapt Ordinance #75~ with suspension of rules. Rountree: Second Meridian City Council January 2~ , ~ 997 Page 3~ ~~ Corrie: Matian made by Mr, Bentley, second by Mr. Rountree that we adopt ordinance #7~1 with suspension of rules, roll call vote. RaLL CALL VQTE: Marrow -Yea, Bentley y Yea, Rountree -Yea, Tolsma -1FeaS~ MOTION CARRIED: All Yea ITEM #6: ORDINANCE #752 -EUGENE PETERS REZONE/C-C: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS THE BEGINNING OF THE POINT WHICH LIES AT THE CENTERLINE OF MERIDIAN STREET 1135.8 FEET SOUTH OF THE NE CORNER OF SECTION 12, T.3N. R. ~ W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is the rezone ordinance of Eugene Peters, is there anyone from the audience that would tike to have Ordinance #752 read in its entirety? Hearing none I will entertain a motion on Ordinance #752. Bentley: Mr, Mayor, I move we adopt ordinance #752 with suspension of rules. Rountree: Second Carrie: Motion made by Mr. Bentley, second by Mr. Rountree to adapt ordinance #75~ with suspension of rules, roll call vote. RC7LL CALL VOTE: Marrow ~ Yea, Bentley -Yea, Rountree -Yea, Talsma - lea ~~~~~ MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION NO. 7 BY STEINER DEVELOPMENT: Carrie: At this time I will ask the developer or his representative to come to the stand. Steve Bradbury, 3~4 N. 6t" Street, Boise, was sworn by the City Attorney. Bradbury: Thank you Mr. Mayor and members of the Council, we had delivered to you an Friday a package of materials which the Council requested two weeks ago when this matter was taken up. UVhat you have and I assume that you all have something like this, it starts out with something on my letterhead. UVhat we hive got and what we submitted to you were the written comments, written responses excuse me to staff comments and that is the first document you have there. Then behind that are the restrictive covenants or proposed restrictive covenants which would be applicable to f Meridi2n City Council January 21, 1997 Page 34 the project. Then you have a map behind that showing the landscape buffered areas around the exterior of the project. Then behind that you have got a letter and same drainage facility design documents and drawings which were prepared by the consulting engineer Keith Jacobs. He is here tonight and is available to answer any specific or particular questions you may have about that. Behind that you will have a preliminary landscape plan that is intended to give you an idea of what kind of open space is being made available in the project. Then finally the last document is a typical street section plan which shows the location and distance of parking which would be made available for each of the various building lots an either sides of the streets. That was something that Mr. Tolsma was concerned with and asked that we provide. iNe also, I guess you folks can see that, there was also came concern expressed a couple of weeks ago about out it is that people might take access dawn into this area that is set aside as a recreational area. So Mr. Campbell had an artist create a rendering which would give you a conceptual idea of what it is that we try to accomplish in putting a sidewalk in which End of Tape} in speaking with Mr. Jacobs this evening he did same rough calculations and concluded that there is plenty of distance to put that sidewalk along that slope and maintain a ~ to 1 slope which is what we understand to be the FDA requirements. Rather than going in a lot of detail about all of the material that you have in front of you and since the hour is a little bit late I am thinking that maybe the best thing to do is far me to simply respond to any particular questions you may have. That way you don't have to sit up there and listen to me talk about a bunch of things that maybe aren't of particular interest. As I said Mr. Jacobs is here and if you have particular questions that you would like to pose to him he can certainly respond. Thank you. Morrow: Gary, have you reviewed the documents that are in our packet from the ~ ?t~ with respect to grades and slopes. I think one of the issues in our last meeting was the accessibility, this portion is being taunted as green space as required far this use. The question is haw functional is the green space. There was also a question talking about the possibility of the bottom of the pond or portions of it having year round water. There was also some an site work done in determining some of the factors that you and I discussed earlier this week. Can you bring us up to speed in terms of the green space usable issue, the water issue and then the site work that was done earlier within the last week to ten days ar~d its purposes and results please? Smith: Councilman Marrow, Mayor and Council, I have reviewed the correspondence that Steve Bradbury submitted to you that you have in your packet that is dated January ~ l#". I have made same comments on that information and I transmitted m y comments by telephone today to Mr. Bradbury. I have not seen the artist rendition of the commas area that is being presented to you tonight until tonight. So I don't know from an engineering dimensional standards how that actually fits. It looks like it fits from the artists rendition, but I haven't seen a plan of it drawn to scale. Concerning the storm drain detention area that is proposed to be used for common area. The applicant's engineer Keith Jacobs has submitted a plan to my department for removing ~... . Meridian City Council January ~ 1, ~ 99l Page 35 ~.. c. t ground water and presenting a dry condition common area. I in turn reviewed that proposal and sent comments back to Mr. Jacobs via facsimile today with some requests far same additional information an the sizing of the subsurface drain system that was proposed. The applicant's contractor did expose a subsurface perforated drainage pipe that was installed parallel to Ten Mile Creek ar excuse me parallel to Ten Mile Road extending south from Nine Mile Drain when the property was starting to be developed. That drain pipe that perforated drain pipe is in place and we have confirmed with the contractor that it was enclosed ar encased in drain ~f4 inch chip rock they call it which is used far bedding and pipe zone back fill around sanitary sewers. Sa that it has some water carrying capabilities from the ground to the perforated pipe. My assistant engineer did confirm that the pipe is running water at this time into Nine Mile Drain. The applicant's engineer is proposing that they tie the subsurface drain system into this perforated pipe in ar•der to evacuate the water from the detention pond common area intp Nine Mile Drain. Did I answer all of your questions Mr. Morrow? Marrow: vVell yes, a couple points of clarification. This detention pond, retention pond is designed to handy the drainage from all 4~ acres is that correct? Smith: Yes Morrow: And so that could be a substantial flowing of water. The other point, this is a paint of interest an my part is that if this is tied into the subsurface drain haw does the filtration process take place for surface contaminants and those kinds of things oils and that type, can you explain how that process warks'~ Smith: The subsurface drain on this pond is for relief of ground water, not of the surface run off water, Surface run off water will come into this detenion area via storm drain pipes from the street system. The storm drain pipes from the street system will discharge into a sand and grease trap ahead of this detention pond slash Gammon area. The water then will spill along the length of this pond from west to east toward Ten Mile Drain. At the northeast corner of this pond slash commas area is a box, concrete structure that has an outlet pipe from it into Nine Mile Drain. There is a screened inlet structure that will allow the water to flaw at apre-determined rate from the detention pond slash common area into Nine Mile Drain. That, the flow rate has to be equated to predevelopment discharge of storm water. So that the Nine Mile drain does not receive more water in a development stage of this 44 acres then it received in the pre-development of the farming stage of the 4~ acres. The grass lining of the detention pond will help filter out same of the contaminants of the storm water before it enters Nine Mile Drain. That is a recommendation from Central District Health among others. It is in same areas, I guess it is not actually, what they call a bioswale, but it does have some of the characteristics of a bioswale. Meridian City Council January ~ 1, ~ 997 Page 36 ~{,... t Morrow: Final paint would be what is the likelihood then with this design configuration that the bottom of this retention common area is in fact usable and does not retain water for great periods of time? Smith: I think that, well, let me answer that two ways. During this time of the year it is going to be wet, that is our wet season. During the summer months if the under drain system is capable it will be dry. If the under drain system can parry off the ground water that it needs to carry off the bottom would be dry far use by the residents if they are so inclined. I believe that Keith Jacobs calculation showed a high water level in the pond or in the detention area of an elevation of something like 5D.3 I believe and a pond bottom of 4G.~. So you have roughly the capability of ~ feet of water in that pond from a designed storm off the 40 acres of streets. A portion of those streets draining into this detention pond are public which would be the number five subdivision. The number B and number 7 subdivision are private streets. Al of that drains into this detention pond. have notified the Highway District that they in their agreement to maintain at least heavy maintenance of this pond area that I was advising them that half of this drainage is from private streets that they have no jurisdiction, over which they have no jurisdiction. I am requesting that they confirm to me in writing that they understand ar~d that they will maintain by heavy maintenance this detention area, storm detention area. if you had the design storm occur and you had that much water in this pond area obviously it is not going to be usable. But theoretically over a period of time that water is going to dissipate through that exit structure into Nine Mile Drain. That of course is the total function of this retention pond. That is what it is there for, that is its primary purpose in my opinion. It is a detention facility far storm water a head of Nine Mile Drain. Its secondary use would be as a common area if you were sa inclined. Marrow: I am going to ask for an opinion now from you concerning what we have talked about from a practical standpoint. 1lllill it serve as a functioning common area Smith: well, I don't knave, I guess my opinion is that it is difficult far me to express an opinion to say yes. And only because when I ga out there and look at it I don't see it as the applicant has presented it tonight in the artist's rendition. what I see is an excavated hole in the dirt and those things change with the planting of grass, with the planting of trees, with the construction of sidewalks. I don't know. My ir~itiai reaction is that it is five feet deep and if you are down in there unless you are a B footer like myself maybe you are not looking out. If it is big enough and you are down in there with a picnic lunch maybe you don't need to be looking out and maybe it is not closed in. It is a concept of the physical dimensions of the pond area, the length and width of it as compared to the depth of it that have to be taken into account. It is obviously longer in the east west direction than it is in the north south direction. I don't recall the dimensions, the exact dimensions of it. So I guess my opinion right at this moment Councilman is l am not really sure. Meridian City Council January 2~,1 X97 Page ~~ Morrow: Final question, how many others of that concept has the City of Meridian approved? Haw many others of this kind of designs where it is a common area slash detention pond as the City of Meridian approved? smith: Sportsman Paint Subdivision is one that leaps to my mind. It is a larger area than what this subdivision is proposing. It has a basketball court in the bottom of it, it has a volley ball court in the bottom of it and it is not as deep as I recall. Sunnybrook Subdivision years ago built a small private park an its north end, you may recall when the property to the west of it was before you for approval as a preliminary there was a lot cansternatian over that private park. That park area is actually a detention basin, you really wouldn't know it by looking at it because of its sire. By the time you get to the north end of it there is a small outlet structure down there far storm drainage water. I think the ponds, the detention areas that we have the mast problem with are those that are not designated as usable common areas. They were designated as detention ponds and they were landscaped dawn to the water level. That water level seems to always be there. You have one an the north end of the Meridian Fard complex and I think when you access I-84 on the an ramp off of Highway 69 you will always notice water in that pond. It does not drain away. That is not, ~ guess it is not a particular problem for that site because there aren't any homes around it. Although if that water is still there this summer I would expect that it could be breeding same mosquitoes and may cause some problems with people looking at new vehicles. The detention pond at Las Alamitos has been a continuing sore spot. The detention panel at Chamberlain Estates you recall of the foray that went on with that one. That one was, I don't know that it was so much ground water problem but there was an inflow far adjacent irrigation ditches that caused a great deal of problems with that one. I can't think of any other installations off hand Councilman that I can refer you to. Marrow: Thank you Rountree: I have the same questions for Shad, have your concerns and issues been addressed by the January 1lt"' setter and I have another question relative to common areas and PUD type activities. Stiles; Councilman Rountree, Mayor and Council, I believe they have addressed all of the items expressed in our comments. A lot of comments were observations of the initial concept. I am concerned about the use of the drainage pond as a common area even though we met with Ada County Highway District and they indicated they had approved several of these that worked as a park area, however we have not seen any of them in Meridian. I don't know if that is because of the sail conditions or the ground water. But we have yet to see one function as it was proposed to function. Rountree; Have you a number that would tell us what percent would be in common area with this development that would exclude that portion that is being utilised solely for the design storm event? ._.... 1 t Meridian city council January 21,199 Page 38 Stiles: I don't have those figures but 1 would think that the applicant's engineer could provide us with thane figures. Corrie: Do you happen to have that Steve? Bradbury: I can tell you the approximate square footage of, actually I think it is in this letter. The approximate square footage of that lot, is that the question you are asking? Rountree: Na, the question is taking out that portion that is required to meet the design storm event what is the percent of that remainder of open space? Bradbury: I don't know that answer I am looking at the engineer to see if he gives me any kind of an indication of whether he might know. Rountree: He want know. How about a percentage of that lot size that is dedicated for inaudible}. Smith: Mr. Mayor, Councilman Rountree, I think that pond area is about 18,000 square feet. It is 203 foot east west and it has an irregular shape north south but I would guess it is somewhere around 90 feet, maybe an the average north and south. So you are about ~ 8,000 square feet far that whole lot which is basically the pond. The bank of the pond is very close to the boundary lines of that common lot, all the way around. It is my understanding and Shari can correct me, that there is 10°/a required of camm~n area far a PUD. If this is ?.5 acres that would be .?5 acres required of common area, which is 32,870 square feet. Mr. Bradbury responded in his comments in his January ~ 7t" letter that there is 9500 square feet of land dedicated to the City as a sewer easement along the north boundary. I don't knew if that is accessible as common area or not but there is also, he said there is also 12,500 square feet of landscape buffer between Ten Mile Road and we haven't calculated that either. But the combination of those two plus the detention pond area exceeds the 14°Io requirement if there are 7.5 acres in this project. Rountree: Da we have a definition of common area and does that include properties that would be established far sewer easements ar drainage facilities. Gr is the sense that the common areas are to be utilized by the community for mare recreation and open space experience? Stiles: Councilman Rountree, Mayor and Council, I don't remember exactly what the common area description is, but it is to be determined suitable for use by the Planning and caning Commission and the Council. Rountree: I would ask you the same question that Vl~alt asked Gary, in your opinion is the space that is being prav'rded by this development suitable and usable? /~..... 4 ~. Meridian City Council January 21,1997 gage ~9 Stiles: If the representations made as to haw they plan to landscape it and how the drainage facility will function are correct then I would say it is usable. I also may have made, I don't know if it was an error, but I believe I have made the statement to the applicant that we would consider the fire station dedication as part of their ~ 9°/~. Rountree; Thank you. Morrow: Mr. Mayor, I have a fallow up question far Mr. Smith, in my notes it said one of the conditions we were short on this must have pressurized irrigation by ~ 99~. UVas there guarantee anywhere in these documents that pressurized irrigation system would be operational by the start of the 1991 irrigation season? Smith; Councilman Marrow, Mayor and Council, yes, let me find that, just a moment please. The number ~ subdivision which has ail of the off site improvements completed is serviceable by this pump station along with the number 4, the number 5, the number 5 and the number 7, ~nglewaad Creek Subdivision and Fire Light estates Subdivision. As I mentioned number 3 has been completed and the irrigation pipe has been installed. The pump station according to the developer has been completed and is ready to be tested. I asked Mr. Bradbury about the status of the pressurized irrigation system that has been installed and the pump station with Nampa Meridian and their accep#ance of the system. He tails me that has been done. The application for the number five subdivision is being process now by Nampa Meridian to add that to their existing agreement to accept and maintain the system. So apparently the pipes are in the ground, they have been pressure tested I believe, the pump station is complete, and I don't believe it has been tested yet, but it needs to be. I think before any building permits, I think that we had a deal worked out with the developer that before any building permits were issued that the pressurized irrigation system would be functioning. That agreement was amended slightly for the number three subdivision in that he had some homes that needed an irrigation system, I allowed them to connect to the City system so that they could put their sad in and maintain their landscaping with the provision that ance this pressurized system was activated they would disconnect from the City system and the developer agreed to that condition. Marrow: Sa then you fee! that the necessary safe guards are in place far that system to be activated April 15#~,199~? Smith: Yes, if it is not Councilman there won't be any building permits in the number ~ and I think Mr. Campbell understands that. Marrow: 1 have a fallow up questian for Shari, you indicated that part of the common area ground was to be the fire station site, is that correct? Stiles: Yes I did Meridian City Council January 21,1991 Page ~9 Marrow: vile have the deed to that fire station site? r Stiles: UVe have it, it hasn't been executed yet, it will be upon the recording of number 5. Marrow: So as it stands right naw we couldn't build on that particular site with that particular deed because it is not an executed deed is that correct2 Stiles: That is correct. Marrow: Counselor, could you explain to us the process by which that deed would have to be executed' Crookston: The deed itself is executed, the problem with the deed is it describes a !ot and block. At this juncture there is no lot and block because the plat has not been recorded. Vvhen the plat is recorded that legal description becomes valid and the deed becomes valid to the City as an after acquired title. fight naw we don't have anything, when the plat is recorded we do. Morrow: Thank you Smith: Mr. Mayor, just a note of clarification the plat as it has been presented to you is for the 4g acres. It includes subdivision no. 5, subdivision no. 5 and subdivision no. ?' except number 5 and number l are delineated on the plat as a large lat. The plats that are coming in far B and 1 are resubdivisions of thane two large lots. The fire station site is designated as a lot an that plat. So when that plat is recorded it is a recordation of ~9 acres not just the number 5, not just the residential section. The whole 4~ acres is called number 5 subdivision. Did, I guess maybe you already understood that but I just wanted to clarify and make sure, one other item that I had and I talked to Mr. Bradbury today. ~n this number ~ subdivision, at the last public hearing we talked pretty specifically about 49 foot right of ways and in the same breath I think we talked about the roadway being similar the same as the number B subdivision. Uvhen I was researching the file after I received Mr. Bradbury's correspondence I found that the right of ways in number 5 are 42 feet in width. So I think that needs to be clarified, it may present a bit of a problem because of the setback variances that they have requested with the additional two foot. If that is your desire it shortens up those setbacks from 18 foot as requested to 1 ~ feet. Marrow: if memory serves me did not Councilman Tolsma ask the question concerning car overhang already at the 18 foot's Smith: Yes Corrie: Any other quesfiions from Council? I Meridian city Council January ~1,19g~ Page ~ 1 Bradbury: Mr. Mayor, just a couple of brief responses. To answer councilman Rauntree's question, the total square footage of the lot which encompasses this drainage pond common area is about 1 S,~gg square feet, Keith Jacobs just did a quick calculation and determined that the pond itself consumes about 48°/0 of that lot. So you just cal I it roughly half about 9, Ogg of the 18, ggg square feet is the pond itself. The other question that Councilman Rountree asked was whether ar not there was a definition of common area of open space that you should be relying an and in fact there is. In your ordinance at section, I don't have a number here, in the definition section whatever that number is, it reads this. open space, common, any private open space intended for use by occupants by use of a development. The space may include but is not limited to recreation areas, landscape playas, fountains, sitting areas, natural areas, and it meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the development. Certainly we would contend that is what we are attempting, that is what the applicant is attempting to accomplish here. Vvith respect to the fire station site, in any of the materials that I have submitted to you with respect to the calculations of open space for number 1, we did not include the fire station site, it is not in any of those calculations. Sa I think the numbers that we have given you we are just talking about the space that is right there that acts and functions as intended open space for the occupants of number 7. The right of way widths that Mr. Smith has pointed out, he is correct, the number six subdivision did in fact have 4~ foot right of way widths, that was something that !think changed during the process. This one is designed for 4g foot right of way widths. one of the things that I guess we need to ask is that two feet important enough to require that either the project be redesigned in order to pick up those two feet or that an additional setback, additions! relief be given to setbacks whether it be in the franc yards or the back yards where you pick up those extra two feet. liven the fact that it is a private street number one, it is going to enclosed behind a private security gate, number two and is going to be the project intends to provide housing for alder persons an the Fair Housing Act sa we are not expecting to see a great deal of traffic in and out, not a lot of young people driving cars in and out. And in fact as I recall you have in your packages a review from the Fire Chief who has indicated that he is satisfied with the roadways as proposed for a life safety standpoint. if in fact you are mare comfortable with 4~ foot of right of way, it can be accomplished. But it is going to require some revisions to the plat and some other work to be done. If that is something that is important to you by all means please say so and we will work with it. v1lere there other questions that somebody had that didn't get answered? 1 think that is all the Hates that I had on those issues. Thank you. Carrie: Anyone else from the public that would like to enter testimony an this conditions! use permit? council, comments that you would Tike to make before I close the public hearing? Hearing none I will close the public hearing. r Meridian City Council January 21, 1997 Page 42 Morrow: Mr. Mayan, far the record I want to make a couple of comments in terms of observation. I have some reservations about the project from the standpoint of the proposed layout. 1Ne briefly discussed last time that we were here concept similar to this that haven't worked far lack of market appeal. I guess that it seems to me that and again that is a private sector thing it may or may not work depending on what the marketing is. 1 am a little concerned about the repetitiveness of the elevations as they were presented in the drawing to us last week. I think that for most of us you can go to Five Mile between Franklin and Ustick and there are three or four streets in there maybe that are ~ OgD foot long with culdesacs that have the basic same concept except in a duplex format. They were built same ten yr fifteen years ago and now they ail look bad, I mean really bad. Sa, it seems to me that from my perspective it is a word of caution to the developer that this may or may not work very well and that there aught to be an alternate plan far the utilization such as we have just done in terms of helping out the people at La Maya who tried the same concept and had it fail miserably to some degree. So, I for one have reservations about the concept, I would be a great fan and a great supporter of it, hoping that it worked. I would like to see different elevations to break up the sameness of it. It begins to same extent to look like a development of duplexes or a development of military hauling. I think that is a fair criticism from my standpoint and that would conclude my comments. Thank you Mr. Mayor. Rountree: I have the same reservations tonight as I had the last time we saw this. I guess, specifically and 111ra1t said it better than I that it is the ticky tacky cookie cutter house same house, same elevation 6g some times. I think the concept is good, I think the, my preference would be to see a little mare open space. we have concessions on sidewalks, we have concessions on setback, we have concessions on side yards being requested with this proposal. And to a degree I think we have a concession a little bit on open space. All that aside I think a lot of that can be taken care of or could betaken care of by looking at a concept that was not repetitive in nature. Break up same of those street fronts and elevations. !support this high density kind of living, I think it is a good thing but I am not sure that this is in my opinion a concept I want to see in this neighborhood ar in Meridian in general as far as architecture. Being as we have no design review at this time we have to deal with thane kinds of things. Bentley: l have the same concerns, the repetitiveness of it. It sock of reminds me of Sergeant City. I think that we can change the perspective of the buildings, the elevations as stated and I still have a real cancers aver this pond situation. This is a development for the elderly and I have some questions on the safety aspects of it. That is all. Carrie: okay, has the Council decided what they are going to do, I think you have a pretty good idea where the Council is taming from at this point, Meridian City Council ~ January 21, 1997 Page 43 Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare findings of fact and conclusions for the request for a conditional use permit for the Lake at Cherry Lane Subdivision No.1 by Steiner Development. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to instruct the City Attorney to draw up the findings of fact and conclusions of law for conditional use permit far the Lake at Cherry Lane Na.1 by Steiner Development, any further discussion? Hearing none, all those in favor? apposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING CONTINUED FRAM JANUARY 7, 1997: REQUEST FQR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEiNER DEVELOPMENT: Corrie: I will open the public hearing, Steve? Steve Bradbury, 3B0 N. Bt" Street, Boise, was sworn by the City Attorney. Bradbury: I don't have anything Mr. Mayor, members of the Council, I would simply ask that the comments from the previous public hearing be incorporated into the record for this one and I would of course respond to any questions you may have that are particular to the plat. Carrie: Council, any particular questions? Anyone else from the public that would like to enter testimony with reference to the preliminary plat? Hearing .none I will close the public hearing, Council, pleasure? Crookston: There are no f ndings~ on this but we generally hold off making a decision. Rountree: I would move Mr. Mayar that we table item S, the request for prelirinary plat far Cherry Lane Na. 7 until our next regularly scheduled meeting which is February 4. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Bentley to table the preliminary plat until February 4, '1991, any further discussion? All those in favor? apposed? MOTION CARRIED: All Yea ITEM #9: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS NO. 3~: Meridian City Council January Z~, X991 Page 44 Currie: INe have a request from Marty Goldsmith that we continue this discussion until February 4, ~ 9g1. Bentley: Mr. Mayor, I move we table until February 4 the discussion on Salmon Rapids No. 3. Rountree: Second Carrie: Matian made by Mr. Bentley, second by Mr. Rountree to postpone the discussion on Salmon Rapids No. 3 by Marty Goldsmith anti! the February 4 meeting, all thane in favor? Gpposed? MGTIC~N CARR1Ea: All Yea ITEM #10: ALBERTSONS INC.: DISCUSSION ~F TEMPORARY OCCUPANCY PERMIT: Currie: Is there a representative here from Albertson's that would like to came first's Mviierup: My name is Richard Mollerup, l am the Counsel for Albertsort's. i appeared before you on September 3r~, at that time requesting approval of sewer easement End of Tape} it was the city's position that they couldn't accept the easements for the water and sewer because of the size of the pipes. And suggested ar requested that Albertson's grants sewer and water easements directly to Mr. Lovan who is the property owner of and adjacent and west of Albertson's project. l am here tonight to request and excuse me at that hearing the Council made a motion that was passed that a 9g day certificate of occupancy be issued for Albertson's store conditional upon reaching an agreement on those easements. After some discussion about how that agreement should be reached the motion included that it was Albertson's responsibility to be reasonable in their negotiations and the 9D day certificate of occupancy could be terminated only if this Council found that Albertson's had in fact been unreasonable. That certificate of occupancy was issued on November ~' with the sole conditions that the easement issues be resolved. I am here tonight to ask the Council to remove that condition and issue a certificate of occupancy to Albertsons. l wauid like to briefly recap where we are and how we got here without siting the entire history. UVithout belaboring the point I think it is imparkant that l note that it is Albertson's position and has always been Albertsan's position that the ordinances that have been sited as authority far granting these easements don't apply in this instance. l subr~itted by fax today a memorandum, I hope it was distributed to the City Council, has it been? Sa i am not going to reiterate those arguments, the hour is kind of late. Since the September 3~ meeting Albertson's redrafted the easement agreement and the late comer agreement incorporated into one document. I have a copy of that document with me that l can submit for the record if you would like. That was submitted to Mr. Howard Manwieler on September ~3r~ and to date we have received no response from either Meridian city Council January ~1, ~ 09~ Page ~~ Mr. Manweiler or Mr. Lovan commenting on that document whether or not it was acceptable ar if it was not acceptable what provisions were unacceptable. I have written a fallow up letter to Mr. Manweiler and had had several brief discussions with him in person since he happens to office in my building. Each discussion was only a comment that he had not heard from his client. So we had na response, the 90 day certificate of occupancy now expires an February ~. I would like to take a minute and let's discuss Albertson's reasonableness. Bearing in mind that we don't believe the extension of the water lines are necessary, Albertson's intention is to get along wi#h the city of Meridian, They installed the water line, they installed the sewer line, the actual cast of those lines the additional cast to Albertsans was in the neighborhood of $8,500. In addition to that the have paid my attorney fees and engineering costs for creating legal descriptions far those easements of probably an estimated $3000 to $4000. The documents that we submitted to the City council appear to be acceptable to the city council, they included two easement agreements and a late carver agreement which is provided under your city ordinances 5~2~4 B and 7451 B. Bath of those City ordinances provide that the party constructing the water line or the sewer line as the case may be is entitled #o reimbursement of all or part of the construction cast from parties being benefited to who have not otherwise contributed to the constructive cast. There is a good argument was entitled to be reimbursed the entire $8580 that it expended in order to construct these lines because that went entirely to the benefit of the Lavan property. They have not asked for that to be reimbursed, they have not asked far the attorney fees to be reimbursed and they have not asked far the engineering fees to be reimbursed. They have asked the normal reimbursement that they would get under the two Meridian City ordinances based on the square footage percentage which amounts to about $3580 and have only asked far that at the time that the water and the sewer are hooked up to the Lovan property which is consistent with the terms of the Late comer agreement. The easements were carefully drafted to be the same terms and conditions that the City found acceptable an September 3`~. The primary acceptation to this to the document we sent to Mr. Lavan and the ones we submitted to the council were the maintenance provisions. The maintenance provisians under the easements offered to the city required the City to be fully responsible at the city's cost for all maintenance and repairs. ~Ilr. Lavan is a private individual and not in the business of maintaining lines we offer in the document we offered to Mr. Lovan the maintenance cast we are going to be split an a square footage basis and he would be required to pay 1 ~°la of the maintenance cost. Now bear in mind that is the maintenance cost on the sewer line and the water line even though the water line where the easement is located serves no property other than the Lovan property. The water going through that line serves Albertson's praperky not at all, not for landscaping, not for any other purpose and Albertson's still agreed to pay 83°/a of the maintenance. I don't know how Albertson's could have been mare reasonable. I don't knave where to go to the City council when I can get na responses from Mr. Lovan or Mr. Lovan's attorney. I obviously have not tried to contact Mr. Lavan because I have an ethical obligation to deal through his Counsel. 1 would like to reiterate an exchange on September 3`~ between Councilman Marrow and myself. Quring the discussions of whether or not we t' Mer~d~an City Council . January 2~, ~9g1 gage ~~ would be reasonable and what kind of input Mr. Cavan shou#d have if we were going to be granting easements to him. During that meeting I said, "I guess my only thought is that absent the City ordinance of Hat having a B inch line for the City we would have more than likely signed the easement here tonight and Mr. Lovan would have a six inch line with a fate comers agreement. We are wi#ling to give him enact#y that with shared maintenance. I have not talked to Mr. Lovan, I have talked with his Counse# a couple of times those conversations were very short and the time frame my client has not paid anything.fl To which Mr. Morrow replied, "That may very well be Mr. Ma#lerup in my opinion at least the effort needs to take place. Gnce the effort has taken place if there is no willingness an the part of his part to participate than it very candidly our staff goes back to the City and says this is where vve are and there is no desire an Mr. Lovan's part to negotiate and from that point we make a decision as a Council as to where we go and we are off and gone. l submit to you that is where we are. The City through a series of circumstances that I don't think anybody is at fault at is really placed in what I see to be untenable position. You are asking Albertsan's to grant a private easement to a private individual using your governmental authority to do that and now having to broker the agreement. I don't think that is a reasonable positive to place the City in, I don't think it is a tenable position tv place the City in. At this time I wou#d request that the condition from the Certificate of Gccupancy be removed and a permanent certificate of occupancy be issued. l would be glad to answer any questions that I can. Carrie; Council, any questions at this point Morrow: Mr. Mayor, I guess two things that I would like to ask of staff, Gary, bring us up to speed where his position is in terms of these negotiations. Maybe a brief history of how we got to this paint by virtue of what the line was originally supposed to be. Secondly I note that Mr. Lovan does have a letter in the City requesting a tabling, I dv Hate that he is here this evening and would like to have him address this issue also. Smith; Councilman Marrow, Mayor and Council, when the Albertson's s#are came in ! think that there was same, far building, I think there was some discussion at that time about platting the property on which the stare would be located an one lot and another lot would be set aside for another use. I can't remember all of the things that transpired but I know we had discussions toward the end of the plan review far the building of constructing a sewer line across the Albertson's property to serve Lovan's. There was because of the lateness of that request in accordance of where the plans were in the review process, Aibertsan's rejected strenuously to that.l don't recall who was all I the meeting but representatives of Albertson's were there, their construction manager, their design chief, Mayor Corrie and myself and Bruce Freckleton and we agreed at that time that the 8 inch line would not be necessary to be extended to Cavan's. I did, I believe that is what happened, I don't know if Mayor Corrie and remember those circumstances or consequences of that meeting or nat. But subsequent to that it was determined that there really needed to be a sewer and water line extended to Cavan's because they had no access to sewer and water service other than digging up Cherry i; Meridian City Council January ~~,1997 page 4l Lane Raad which was just recently paved and the Highway District was not going to allow that for eve years. So Albertsan's did agree to extend service lines from what they had built far their store to Lavan's property line, his east property line which would be Albertson's west property line. They did do that, consequently, they constructed a 6 inch sewer to their west property line they constructed an inch and a half water service to their west property line which again is Lovan's east property line. I think the Council meeting Mr. Mallerup refers to where f suggested that the City didn't need to be involved in the easements for these lines because they were not city lines they were service lines because of their size, their diameters. They were technically considered service lines and we don't maintain service lines. Gn Q~taber 15~~ I received some documentation that, well Mr. Lovan brought it into my oft•ice and left it with me that he had apparently received from Albertson's. Gne was a grant of water and sanitary sewer easements and maintenance agreement. Another agreement was a conditional declaration of restrictions and grant of easements. I transmitted these documents to a copy to vllayne Crookston and a copy to Vvalt Morrow on Gctober ~ ~~~'. Since that time l don't think I have heard anything. I could be wrong but I don't have record. Marrow: Sa there has been na further information taming to you concerning. Smith; No, I haven't had anything since that document was brought to my office late in the afternoon an Goober ~ 5~~', because I remember we were just shutting lights off or getting close to it and Mr. Lovan brought them in. Then I just asked the question, I guess it was last Council meeting what the status was because I really hadn't heard anything. Ta the best of my memory the events that transpired at the beginning are the best of my mernary, Albertson's representatives are here tonight and they can add to or delete there from. Marrow: Quick question Gary, in terms of the original proposal that was presented to us as a Council was a two lot subdivision or a ~ lot uses, they had a site for an Albertson's stare, they had a site far a future store ar a future expansion or a future user, was that correct? Smith: Yes Marrow; And then based an our ordinances that were applicable to that particular design they would be required to extend water and sewer to and through the parcel of property to the next piece of property is that correct? Smith: That is my interpretation yes. Marrow: Have we ever had anything from Albertson's that indicated that they abandoned the two lot application? r,,.. _ Meridian City Caunc~l January 2~, 9 99? Page 48 Smith; !don't believe I have seen anything in writing that it was abandoned, it just kind of went away, it hasn't been pursued at this paint. I don't know what the status of that other piece is. Morrow: So is it possible for that other piece to be a marketable piece of property and an expansion occur vn that property? Smith: Well I would assume that if it was under the ownership of Albertsons and that the property or the building was not sold to another party that the answer to your questions is yes they could proceed with canstructian as long as it met the zoning criteria and they obtain a building permit. If however they wanted to self a piece of ground far the construction of a building under ownership other than Albertsan's then it would need to be plat#ed. Morrow: Thank you, my next question would be for Mr. Lavan. Mollerup: First of all nary is right, the lines were put in, the size of the lines were put in with City App~aval, there. was a meeting an May 9#" regarding the City and there was a field order on July ~ ~~" regarding the ~ ~/ inch water line. 1 don't mean ta, I didn't mean to discount the conditional declaration that we sent as well, but I want tQ be clear is we have two issues here. Vlle have a building of a store and inaudible} and we have the potential subdivision to sell off the westerly side of the property. Now as I understand it those plans of Albertson's are now on hold. I am trying to get the certificate of occupancy today, we did send the conditional declaration which establishes some use restrictions and cross easement agreements to Mr~ Lavan in the same package. The letter did state that was a preliminary plat, that was a plat issue only, it didn't have anything to da with the certificate of occupancy issues. The two were not connected. UVe simply would like ta, probably if we are going to make the deal with Mr. Lavan we would just like to do all of it if in the event we are going to subdivide. But that is not an issue of the certificate of occupancy. The Council made that very clear an September ~~~, It may be an issue and will be an issue both with the Council and Ada County Highway District if we can proceed with the plat. Marrow: I understand that Mr. Mollerup, the point of my question to Mr. Smith was essentially Albertson's caused the problem, it is my understanding were these lines not in the ground or under canstructian and that the six inch issue came from a mistake on a plan review because the original submittal was an S inch issue and it was a to and through issue and then there was a submittal of working documents by Albertsan's canstructian documents tha# called for a six inch line that gat overlooked by our staff and they were in fact under construction when the step work order issues were put forth. Does my memory serve me correctly in terms of some of that? Smith: Councilman Morrow, I don't recall exactly what the status of construction was, I do recall that the six inch line was Shawn and during one our reviews we came back Meridian City Council January 21, 1997 Page 49 with a request for an ~ inch line because of the extension west. I dust don't recall where one was in relation to the other and the actual construction that was going on out there if it indeed started. I don't know that it even started, I think they had a schedule to start that was one of the problems and were wrestling with this sewer line issue. That precipitated this meeting that Mr. Mollerup referred to earlier that we sat down with the Albertson's because they were quite upset that we were wanting to change things at that late date in the game so to speak on the sewer line and it was going to mess up their construction schedule and their opening of the stare which was of a significance in the Albertsan's food chain number wise. ! dust don't recall the timing of the two. Morrow: Very fine, at any rate, there are two different issues here, one of them is we need tv deal with the occupancy certificate issue. I do want to hear frvrn Mr. Lovan in terms of his position then press on from there. Mollerup: One comment though, the original specifications for the eight inch inaudible} Mr. Smith called far eight inch at the store and only a four inch over to Mr. Lovan's property. Smith: Yes that is correct. Morrow (Inaudible) at the eight inch deal it was a City Smith: It would have been a city owned and maintained line as an ~ inch line and Albertson's was having a problem with that having someone else involved in their property with an easement. That could cause a problem with access to their stare by the people buying groceries which was understandable. Lovan: I really did not come here prepared to da this. I did ask far a postponement until next Counci! meeting. So !could have my counselor here, It is difficult for me also to put everything together in the right sequence. In the P ~ Z zoning Mr. Smith told Albertson's at that time that they would put in a sewer line to and through to Mr. Lovan. I was also lead to believe that it would be maintained by the City, Right at this point l would really and truly like to have this thing postponed until next week until the fourth of February until I do have some legal counsel here. There have been many, many things here that has happened. I personally have been doing business with Albertson's for many years, my company does business with them. I have never had any problems with them. The res#rictive use permit, the restrictive use agreements that they sent to me kind of floored me. It was also sent slang with the agreement to ga ahead and sign and do alb these other things as far as the sewer was concerned. Frankly I don't think it was up to them to tell me what I could do with my property, who I could sell it to or anything else. That is up to me and the agreement of the City Council. So with that I would really and truly like to table this motion until the fourth of February and give my Counsel a chance to look aver and see what it is afl about. I discovered this late this afternoon, when 1 called into see what the agenda was. !have been kind of expending ~' .: Meridian City Council January ~~,1~9? Page 5g of it but I thought maybe I would be notified. Albertson's has never contacted me to talk with me. I know I told Mr. Manweiler when I received the last document from them along with the restrictive uses I said just go and ask them and tell them that I am ready to sign those two papers and all they have to do is come and bring money. And that is (inaudible) Carrie: Came and bring money, you mean to buy your property? Lovan: Yes then they can do anything they want to do with it. Bentley: Mr, Mayor, Shari has a comment aver there. Stiles: Mr. Mayor and Council, this is not related to the sewer easement, but it is related to the occupancy. 11~e have had a problem with the lights causing glare and spilling over into the neighboring residential property. They have attempted to remedy that, but I still think they have a ways to go. It may be changing the type of fixture they have in there but 'rt is very bright. I would equate it nearly to the Chevron on l*airview. The individual that is having the particular concern has a two story home right on Cherry Lane and his bedroom window is on the second story facing Cherry Lane. I know that they have gone out with some light meters but I think anybody walking dawn the street can tell that it is obviously spilling over into the residential properties and far that reason I have not signed off on the final occupancy. So I would just like to make you aware of that. I had asked the property owners to speak directly with Mr. Scott Edens of Albertson's, Mr. I~en Shelton is the one that is continuing to call and his last indication is that he has had several phone calls, messages left with him and had received na response. If you drive out there ar at night you might take a look at that. At this point I don't know what the remedy is. Morrow: Mr. Mayor, I have ~a couple of questions for Mr. Lovan, thank you Shari. Your attorney, neither you nor your attorney have met with the Albertson's counsel? Lovan: He has met with him on two ar three occasions so I have been told. I tried to get a hold of this evening, in fact !did get a hall of him at his residency. He started to say something and we were lost in the confusion. I don't know if he talked to you this last week or not. He indicated that he had tried, like I said we gat to talking inaudible} and it was never finished. Morrow. I guess my question to you is that if there is a two week extension granted are you prepared to come to resolution of this issue over the next finro weeks? Lovan: Yes, I da not expect to be treated any different than anyone else under these same conditions. Vllhat I was told in the beginning is a lot different than the way it finished up. Ida kind of hate to be on the end of sewer line that belongs to somebody else other than City. I don't know if that is major concern or nat. r~ r Y t Meridian City Council January 2~, ~g97 Page ~~ Marrow: Uvell I guess not being of legal counsel I think that is an issue for you and your attorney to discuss and then discuss that with the Albertsan's folk and came to some sort of resolution where you both can survive. Rountree: I have a couple of questions and I need to run this through. Your residence and parcel are in the city limits? Lovan: They are in the city limits they are zoned commercial. Rountree: How long has that been in place 1Nally? Lovan: For years and years, I don't know when it was first Rountree: Back as far as the do's? Lovan: In the ~0's I imagine. It was there when I bought the place. Corrie: You say it is commercial. Bentley; l have a question, haw much land d4 you have there? Lavan: There is about an acre and a half. Bentley: My question, Gary, I guess you have to answer this, is what happens if he subdivides, where does the sewer came from? Smith: Councilman Bentley, right now the sewer would come from the service line that is existing in Albertsan's parking lot. Bentley: Nf he were to subdivide it you would use that existing sewer with Albertsan's having control? Smith: If he was going to subdivide as a residential? Bentley: IVo, if he was going to subdivide as commercial ar would we go out to Cherry and tap in again? Smith: Vllell there isn't anything in cherry to tap into. You would have to extend the sewer line from Ten Mile Road in Cherry Lane in order to get to his pra~ect or parcel without using the service line that has been constructed across Albertsan's property. Bentley: But far say a site of his size with going commercial and I realize it depends on what is there, would that line thet is there now serve it a six inch line? ~, Meridian C ity Counci l January ~~, ~g91 Page ~2 f .~..... I Smith: Yes, to give you an example I think a four inch line has a drainage capacity of 28~ fixture units, single family has bout ~~ to 3B fixture units. So it would be equivalent on a four inch line equivalent to nine single family homes if you wanted to. I don't think anybody wants to do that but an eight inch line conservatively you can connect 4~g singly family homes to. There is a six inch line installed so the volume of the pipe is proportionate to the diameter squared. So if you are wanking a 4 inch pipe with ~ 5 versus the B inch pipe with 36 so a six inch pipe has mare than twice the capacity of a four inch pipe. Bentley: Thank you Corrie: ether comments or questions from the Council? ~llfhen is your occupancy permit up again? Mvilerup: The occupancy permit was issued an Novembers l~~ on my calculation that would end an February 5. Can I respond for a moment to the request tv table? I understand that, it sounds like this is last minute and nobody is prepared. This is four months, documents have been in Mr. Lovan's possession and Mr. Manweiler's possession for four months. I have had one conversation in my office with Mr. Manweiler except far asking for comments. That conversation was not inaudible} to the documents and offer to sell Mr. tovan's property to Albertson's far $40g, DOS. I had one mare phone conversation with him after that and a letter where we decline that. Albertsvn's is not in the real estate development they are in the grocery business. It felt a little bit about being extorted to be into the real estate business. I don't know what two more weeks is going to accomplish other than I am going to probably have same conversations with Howard Manweiler. But we have offered these same documents we have offered the City. I really hesitate and I am afraid to have a city Council meeting on the fourth when our certif cote of occupancy runs out the fifth. I think we have been fairly patient so far. Morrow: I am sorry Mr. Mayor, Shari has a question ar a comment. Your point in terms of the lighting and the sign off on the occupancy is that what you were? Stiles; Right Mollerup: I read the occupancy as the easement being the only condition to it, am I wrong with that? Stiles: That is not correct, I have not signed off, I have only signed off on the temporary, Mollerup: But the only condition on the temporary, typed on the temporary is the easement. ..... Meridian City Council January ~ ~ ,1 ~9~' Page ~3 Stiles: l have never seen your temporary certificate, [wasn't aware that you would get a 3g day temporary and then an additiana194 day temporary. I thought the total was far 9fl days. Mollerup: I am sure that Albertson's can deal with the fighting problem but I am not sure, I have a copy of inaudible} Stiles: l can't say that I look at all of the final certificates of occupancy. Mollerup: Don't misunderstand, my question is a procedural question, is that a certificate of occupancy issue at this point ar not? I don't think that it is. Carrie: You are questioning about the lighting. Stiles: Yes it is, it is a zoning issue that has not been resolved. Morrow: I think the issue with temporary occupancies is that in order to convert temporary to permanent you have to satisfy all of the conditions of all of the approvals in terms of the UBC, all of the staff conditions and all of the cede conditions, electric, P & ~, ACHD and so on and sa forth. The temporary occupancy once it is converted has to have the signature of all of those department heads or of ali of those entities that may be applicable in the project. If there is a condition that has not been satisfied and you are operating on a temporary before you can get the signature of the P & Z departments that condition has to be satisfied. In this case before Shari would convert to permanent occupancy. Yes, there are a whale bunch of conditions that apply, temporary simply allows a commercial entity to open and run while it is satisfying a1[ of the conditions to convert to permanent. So there could be beside the easement issue there could be other issues out there that have not been resolved. Mollerup: l just thought that all of the construction issues had been taken care of in the first thirty days before the 9g day was issued. Stiles: Is my signature an the ~g day certificate? Mollerup: Na, Gary's Stiles: Under Planning and Zaning~ Mollerup: No, there is no signature under Planning and Zoning. Carrie: It Iooks like we have got, evidently there are two things, one is the lighting we need to take care of and the other is either getting the negotiations lane at this paint. Meridian City Council January 21, ~ 9g~ Page 54 Crookston: Mr. Mayor, I would not want anybody to be misled in any fashion, when the Mayor said only two issues. It is everything that is required for a permanent certificate of occupancy that has to be met. I don't know what all of those are, but it is not necessarily the two issues. Marrow: Mr. Mayor, I would like to respond, I think that there is same difference here and I did read the document that nary alludes to an October ~5t~, very candidly Mr. Mollerup, Albertsan's may not be in the real estate development business but by virtue of what I remember about that document they are certainly in the real estate control business. If 1 had been the owner of the parcel I would not have signed that document and consented to those controls being exerted over my property. I would have pursued negotiation to get to some reasonable point and then gotten the issue resolved. Now obviously where we are at nowthose negotiations haven't gone an. Mollerup: They haven't started even. Morrow; And I think that is a fair statement. What I am suggesting from my position on the Council is that the next two weeks they had best get started and completed because given the fact that all of the other conditions of the occupancy certificate have been met and our staff's are willing to sign off vn all of their spaces. If there is not a conclusion between Mr. Lovan and Albertson's that is fair to both parties then at that puncture we will deal with something else, My tendency ar my belief is that we ought to be getting inaudible} and getting the thing resolved. But it has to be a fair resolution. Mollerup: we agree it has to be a fair resolution, I take issue somewhat in your comment on the restrictions. Those are fairly standard commercial restrictions. At the time Howard made the offer to sell to us Howard made some comment about the restrictions. My comment was tell me which ones you don't like we will work with you. Never heard another word. Marrow: What I am suggesting to you is that my advice to Mr. Lovan is that he had better get to work with you. Mollerup: I just don't want to be here and waiting for the other shoe to fall forever. Some time we have to reach same closure on this issue. Marrow: We are in agreement. Baldner: I am a surplus property representative with Albertson's and I spoke with you last time. I guess I am somewhat confused, we were here four months ago with this same issue. And Councilman Marrow has asserted that it was Aibertson's fault that this line was the way it was. Frankly I guess we disagree with that, the City Engineer specked that out to us we built what the City Engineer told us to built. If Mr. Lovan has a problem with that then perhaps his issue is with the City. My concern then and my Meridian City Council January 2,1991 Page 55 concern now is that we have an investment of roughly $5 to $1 million there that is dangling pending resolution of this issue. I stated that concern last time. I said specifically I didn't want anyone holding us hostage. I was assured that would not happen, i was told by Mr. Morrow, Mr. Rountree also interjected at that paint and said we certainly don't want someone to have the upper hand in these negotiations. And specifically on the record that night it was reflected that if these easements were good enough far the City they were good enough for Mr. Lovan. Frankly some of the Council members didn't understand what there was tv negotiate about. Nonetheless in the spirit of cooperation we moved fon~vard and attempted to negotiate with Mr. Lovan. I spent $34gD in attorney fees on behalf of Albertson's trying to come to a resolution of this issue. No answer except far if you don't like dealing with me buy my property for $400,gg0. The issues with the conditional declaration, as we said the last time and it is reflected on the record ail relate specifically to an access easement, have nothing whatsoever to do with the sewer and water easements, They are two separate issues, the cover letter sent by my attorney reflected that. To argue now that is the reason to hedge on one ar the other issues is nonsensical. Frankly Albertson's has gone to a great deal of time and expense aver an issue which we certainly don't think we are at fault. It is not necessarily an issue of fault but the City Engineer told us build the six inch line and we built it. once we built it we were told by the City six inch line is too small we can't take it as a public easement to give it to Mr. Lovan. At na point have we raised the issues of now we have an easement running across private property for which we have never been paid. Furthermore it runs to the benefit of a third party private individual. That has to at least approach the outer limits of the City's takings power and at a minimum compensation would have to be paid. In short in the next two weeks my $5 to $1 million investment dangles out there and there is no further direction. I think we have shown evidence that when the City enters into the fracas with private parties and since Albertson's doesn't get their C~ until this issue is resolved then the gun is to our head and that is where we still are. I guess specifically l am uncertain why the representations that were made to us last time have not been honored. We offered him the easement that we would have given to the City, no response was given. Mr. Lovan, we can't deal with him personally he has an attorney. am sorry that they don't communicate one to the other what else can we do. To table this motion at this point is just to give Mr. Lovan another two weeks to put the gun to our head. I think the issue needs closure simply put. There are a lot of issues that we could raise to contest this thing and frankly that is to the paint it is getting. In the spirit of cooperation has to stop at some point. How much mare money do I have to spend, what do I have to give up. Dv I have to give him the sewer lines far free, do I have to pay him to take an easement to run sewage across my property an easement for which no one has ever paid me. What is the next step? That is the position of Albertsan's, really, frankly I don't know what else we can give and in the two week period ail we are forced to da is knuckle under and start writing checks. If that is the way we have to do business I think that is unacceptable, Corrie: Council, any comments? ~J. Meridian City Council January 2~ , ~ 99l Page 56 Marrow: My comment would be, you and I have totally different, inaudible} up to the very beginning. Very candidly I felt that Albertson's was outside the bounds here. I think that the issue gat started because of a technicality, there was a great effort made on the part of the City. The extension, the temporary that we granted is until the 5t" of February. We don't need to deal with the issue as a Council until the Fourth of February if we are going to do a Council measure. Very candidly from my personal standpoint I am a stockholder in Albertson's I felt from the beginning when Gary Smith started corresponding with me that Albertson's was outside the bounds of what had originally been approved and had been intended to be approved by the City Council as it was presented to us. I understand all of your arguments but 1 disagree with you. I think from our perspective it is an issue here of trying tv get #v what is fair for Mr, Levan. When we address the issue in terms of easements in my mind the easements didn't include all other conditions, it is a simply thing, take care of the easement in terms of the sewer line, it doesn't have anything to do with all of these other issues. When Mr. Lovan presented those documents to Gary and myself and I reviewed them my comment was is that I wouldn't sign those either, I would agree to that. So as I recall in our last presentation when you were before us there was never any discussion of a bread amount of conditions. It was simply dealing with the easement to get the easement issue resolved and then End of Tape} Baldner: Inaudible} which is where those restrictions arise. Mr. Manweiler, Mr. Lovan's attorney is fully apprised. The record reflects that we said here are your utility easements and then the issue with the plat is the access and if we give the access we want the restrictions. Two separate issues, this is the one that relates to our occupancy. I appreciate the Council's desire tv provide fairness to Mr. Lovan, I always think when you have a large company dealing with a private individual I think the scales of justice should perhaps tip in their favor. But who on the Council is going to speak what is fair for Albertson's. Is it fair for Albertsan's to only have the response come buy my property for $400,~4~. That is not fair reasonable fair reasonable behavior. In terms of the dealings that we have right now we have given him what we would have given you and if that isn't enough I don't knowwhatelse is. The conditional declaration respectfully is a completely separate issue that relates only to the plat that arises of an ACHD condition. If there is an issue with those things they are completely separate they have nothing to do with the utility easements. Mr. Manweiler is aware of that. I can't speak to whether Mr. Lovan is because I don't know what the status of the communications between the two was but they are separate. l guess I would again interject who on the Council at same paint is going to say we have gone far enough to try and make sure the little guy has been taken care of. He has an attorney who simply won't respond other than to communicate offers to sell. Morrow: Well very candidly from my perspective until right now I have never heard of these two separate issues. I think that in the fairness of the Counsel for Albertson's and Mr. Lovan that Mr. Lovan and his attorney ought to in fact be here from the Council and I Meridian City Council January ~ 1,1997 Page 57 my standpoint I want to see it closed and closed right away and if that is February 4t" then however the chips fail itfalls on February 4~~'. Baldner: I understand your position sir, I guess the point is in the next two weeks the number of issues on which we will inaudible} and I think that is untenable. So I guess I understand your position, I guess I am frankly seeking to get a different opinion from other members of the Council. Rountree: My opinion on this is that Aibertsvn's I believe has taken a gaud faith effort and starting negotiations with Mr. Lovan. It doesn't appear as if there has been a gaol faith response and I would expect that in the next two weeks and if it doesn't occur then I would be inclined to say that the deal that was struck has been met. The issue to me are the issues related to coning requirements that have to be met and those apparently have not all been resolved and that is an issue that I think you need to concentrate an. Baldner: Absolutely, that is something that we have worked with, we have property owners in the back that we have been addressing that issue with as well and Scott Edens is here if you have any specific questions or staff. But I think just because of that one condition out there that creates somewhat of a red herring and impetuous to allow the issue to drag on I think that condition can simply be moved at this state. And frankly if Mr. Lovan called us up tomorrow and said I will sign those easement agreements that you would have given the City we will do it. Frankly he is going to sell this off far commercial development at some paint and there are perspective buyers out there that have contacted us directly saying we will live with ail of these restrictions, we will live the sewer hookup. The only, there is nv reason to assume that this is unacceptable or will affect resale. Bentley: I too agree with Charlie, I think the effort has been made and I think it needs to be consummated within the next two weeks. If it is not then we will deal with it at the hearing. Baldner: I appreciate your time, are there any other questions? Carrie: No, I just had one comment, l don't know how the vote would go, but my comments to Mr. Lovan would be when you said give me the money and you can have it I hope that is not cut in stone far you because if that is then you are not going to negotiate anyway. Sa I don't think it is but the comment was made give me the money and I will da it, so my suggestion would be to work with them in the two weeks that you have gat from what you are hearing here. Lovan: Inaudible} Albertson's did present me with those documents it just kind of struck me wrong that they should not be telling me what I caufd do. I couldn't put a pharmacy in there, I couldn't put a bakery in there, I couldn't put a child care or well anything that had to do with the retail business. i couldn't put a doctor's office in there, I ~..:.. ';.. Meridian City Council January ~ ~ , ~ 997 Page 58 couldn't put most any other thing you want to say that they were trying to restrict me ta. I don't know whether they were trying to use that as leverage to get me to sign the other document it is quite obvious that I have to have the sewer. Like I say, I don't really want the Council tv treat me any different then they have not treated everyone else. If it is going to cost me the $3BBB why that is the way it is period. That is really not an issue, it is an issue of fairness with me. Morrow: Mr. Mayor, I want to make a comment here, I want everybody in this room to understand that there is no difference between my position, Mr. Bentley's and Mr. Rauntree's position, I want this settled by the next time. Notwithstanding the perceptions of what is right and what is wrong. I think the onus here is upon yourself and your attorney to get it resolved over the next two weeks because very candidly at the end of the two weeks at least as far as this issue is concerned notwithstanding the other issues in terms of the occupancy certificate by vir#ue of P ~ Z and the other folks. There will be a resolution from my perspective at the February 4t" meeting. if you and your counsel have not made good faith effort you may not be very happy with the resolution. So, that is where I am standing at this particular point in time, I don't think that is any different than what Mr. Rountree and Mr. Bentley have stated. That should be understood by Mr. Mollerup and the Alberkson's folks, is that this `rssue is separate from the other issues that Shari has talked about but this one will be resolved on the 4t" and the burden is upon you to get it resolved. Lovan: My last comment to Mr. Manweiler and the Albertson's legal is right there in the same building and it should be very easy for them to get together. Currie: UVe need to have a motion to continue this discussion to the February 4#" meeting. Bentley: Mr. Mayor, I move that we continue this discussion to the February 4#~' meeting. Rountree: Second Carrie: Motion made and seconded that we continue this to the February 4t" meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1 ~ : DEPARTMENT REPORTS: Currie; Chief? Gordon: Just one issue, I was able to locate Mr. Tolsma, he hurt is leg today and that is the reason he is not here. Meridian City Council January ~ ~ , ~ 99l Page 59 Corrie: Shari' Stiles: I have nothing. Corrie: Mr. Smith? Smith: Mr. Mayor and Council members this want take very long at all. I have two items, one is our transportation task force committee met on January 8~~ and I have some minutes from that meeting that I would like to pass out to you for your review. I do have same additional information coming from APA on that light rail demonstration project and as soon as I get that I will distribute that to you also. The second item I have concerns Ashford Greens Subdivision No. 1 utility easements. I guess there was a request to have those approved by the Council tonight. They are two easements farms one far US 1111est and the other is a general utility form being requested by Brighton Corporation. My Assistant Engineer, Brad Vl~atson, has reviewed the legal descriptions that have been submitted and they are satisfactory. Wayne Crookston has looked at the format and he has one recommendation far a change which we can have them make and that is all. These are easements that are on the boundary of the golf course holes adjacent to the public rights of way. They are easer~ents that cross access legs to the gulf course holes from the public right of way. Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the clerk to attest the easements that Gary has presented subject to the corrections necessary. Rountree: Second Corrie: Motion is made and seconded on the easement far the Mayor to sign and the City Clerk to attest, any further discussion? Hearing none ail those in favor of the motion? Opposed? MOTION CARRIED: All Yea Smith; Mr. Mayor I will get the corrections made and get it to you and 1Jllill. Thank you that is all I have. Corrie: Mr. Johnson's Johnson: I really don't have anything, I am prepared to comment on your nominee far appointment to P & Z if you sa desire this evening. Carrie: Counselor? Crookston: I have nothing tonight thank you. Meridian City Council January 21,19~~ Page 6U Carrie: Mr. Morrow? Marrow: In the interest of brevity, we'll review the minutes from the Transportatipn Task Farce at our Thursday night strategic planning meeting, that is what the notice is Thursday night January ~3~~ at B:3B p.m. Other than that, I did have a question an the Dean Ehlert in terms of the place across the street but we can address that then taa. Carrie: Mr. Bentley? Bentley: I have a few things here, I passed out a copy of the survey an the rec. center, tap line, go reading across left to right shows the yes's and what the response were to the different questions. The next line dawn shows the no's. Roughly S341o are in favor of it. I have talked to Mr. Rountree and the committee would like to continue and take a look at financing and a mare elaborate survey that would possibly be done through BSU we are going to do some talking with them an that. Also, I don't knave if anybody, Ran is not here to ask him but we had discussed on the Fire Department issue about how to charge an runs and stuff. UVe did get a hold of same copies of the Nampa budget and how they put theirs together and they base theirs solely on population of the rural areas to the City areas. I highlighted that in pink and they dust inaudible}. Their feeling is that there is really nv way to sit and taunt an a fire run whether you have one truck, two trucks, five people, six people ar even on their emergency runs. So they dust track ail of their stuff off a straight percentage off of population. I will pass that an for you to revie`nr. That is all I have. Corrie: Mr. Rountree? Rountree: Parks and Recreation Commission met last evening, the highlight of the meeting was the review of the bylaws with some minor corrections, I will present the by laws to Counsel for quick aver and then to the City Council for consideration and adoption. We are taking iffy bitty steps but making some progress of coordinating with all of the public entities and trying to pull in some of the activity groups to identify resources and resource needs and the group is working pretty well. They are working well together, pretty good exchange of information and a hard working group. Carrie: I have two things, one I won=t be here Thursday night I will be in Salt Lake pity, sa take minutes. The only other thing I had in your box was an interoffice memo, I said that within ten days to make an appointment for the Planning and Zoning Commissioners seat. I presented Mr. Hal Ford, I guess now would be an appropriate time far you Jim to give me same feed back there. Johnson: I met with Mr. Hal Fard this morning for the first time, I hadn't met him before. And Actually talked to him an the phone and went to his place of business. He has a small business in the Fred Meyer Playa. Ulfe spoke for a while at that time, he was busy ~. .. Meridian City Council January ~ ~ , ~ 9g~` Page G1 so I left him a series of questions that I had prepared so I could have a written response an why he wanted to serve and what his background had been in community service, governmental contacts he had in the past. I went back this evening at 5:30 and we talked for awhile, he hadn't completed the survey. He is an intelligent person that has been in the area for a chart time, two years, comes by way of Delaware, he was transferred out here and the transfer deal didn't work out and he went to work for another company and was terminated and started a small business just a shark time ago. He seems genuinely interested in serving in the community, his involvement at this point is really with the Chamber of Commerce as a member ~inaudible~ and also a member of the Shriners. I didn't have enough conversation with him to really get the answers to the survey questions I wanted. Particularly in terms of time commitment and his interest for wanting to serve. So until I get that I guess I will reserve final judgment, but indications at this paint are positive. Uvith the exception of a shark time in the area and he does live in Meridian Greens and we already have one member of P & Z living in that area, so we would be duplicating areas as far as residency goes. Carrie: Thank you Jim. Morrow: I have a question, the article in the paper last week how many responses have we had for people interested in the position? Carrie: we had three, two were in the building and construction industry and one is the planner for the City of Boise. Marrow: A planner for the City of Boise, but lives in Meridian? Corrie: Correct. Stiles; Mr. Mayor and Council, I would like to make one comment, the individual proposed has been in violation of the sign ordinance. He has got his A frame signs on his berm out on Fairview Avenue and Locust Grave and despite continued request to take them down he refuses ta. So I just thought you might like to knew that. Corrie: well you could have a motion to reject ar a motion to continue this or whatever you want to do. If you continue with Mr. Johnson's meeting with him a little bit more I think it would be apropos. Crookston: I don't know this individual and I am not commenting an this individua! whatsoever. This may not be a requirement now but at one time you had to live in the area for five years before you could be appointed to the Planning and Zoning Commission. Carrie; I don't know, Jim could you help me with that. Meridian City Council \ January X1,1991 Page ~~ Rountree: I think you are right, I think it is still in the ordinance. Johnson: There is a residency requirement, I didn't think it was that lang. Corrie; Inaudible} city limits or within the area of impact. Crookston: It would have to be in the area within which the Planning and Zoning Commission supervises. Rountree: Well we can find that out. Morrow; Mr. Mayor I would move that we continue this issue until our meeting of February 4,1991. Rountree: Second Carrie; Motion made and seconded to continue until the 4th of February, all those in favor? Gpposed? MOTION CARRIED: All Yea Carrie: That is all l haver Berg: I have just one, you noticed this Local Planning Act, anyone that is interested please contact me tomorrow, Marrow: What is it? Berg: It is a Local Planning and Land Use Regulation workshop that we had similar to last year. Morrow: The one we went ta? Berg: Yes Marrow: So we have toga again? Berg: Na, it is just available for you and there is further information what topics they have that Shari received later today that I didn't have with mine, I am going to hit up a couple of the new Planning and Zaning Commissioners and see if they are interested. Morrow: Mr. Mayor, if 1 might, !did forget vne issue, you and I did briefly discuss it. As a part of this minutes from our Transportation Task Force, Gary was able to confirm that Becky Peterson is no longer a resident of the City of Meridian. What Mayor Carrie {fr l Meridian City Council January ~~, X991 Page 53 and l discussed was asking for a formal letter of resignation as our represents#ive an the Air Quality Board to be sent to us. And also it is appropriate that we give her a plaque or something with the Council's permission after we receive that. Then we would appoint and confirm a new representative. Currie: # have the letter now, I just dun't have the letter far you group, on your task force but I will get that, Anything further? I will entertain a motion to adjourn. Rountree: So moved Morrow. Second Currie: Motion made and seconded that we adjourn, all these in favor? apposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:00 MIDNIGHT (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: F ~• f RT D. CIRRI E, MAYQR 4 ATTEST: ~~~ ~~ ~~~ ~ r «. ~ ~~ ~ r~~~i ti V ~' r UVILL[AM G. BERG, JR., C EIS "` w ~~~ w ~ w ~ ~ ~ i ~~ ~. 'ti ~r~r ~ ~• `~~~ ~~~ t,~~ ~l4t tlw ORDINANCE NO. 7¢9 AN ORDINANCE of THE CITY 4F REAL PRQPERTY MERIDIAN ANNExING AND ZQNING WHICH IS DESCRIBED AS THE SQU CERTAIN TOWNSHIP 3 NQRTH, RANGE 1 THWEST l/4 OF SECTIQN 6 CQUNTY IDAHQ• EAST, BOISE MERIDIAN, MERIDI r r AND PROVIDING AN EFFECTIVE D ~- ADA ATE , WHEREAS, the City Council an d the Mayor of the Cit Me ~ y of radian, Idaho, have concluded ' that a.t is in the best ante rest of said City to annex to th ' e said City real propert whi ' y ch is described in Section 1 below; NQW, THEREFORE, BE IT ORDAINED by the Mayor and Cit Counc' Y it of the City of Meridian, Ada Co unty, Idaho: Section 1. That the real ro p petty described as: A parcel of land located in the S outhwest 114 of Section 6, Township 3 North, Ran e 1 Count Ida g East, Base Meridian, Ada y- ho, and more particularl ' follows : y descr~.bed as Commencing at the Southwest co which is narked b rner of said Seetian 6 0°16' ~~ Y a brass cap thence rennin Nor 20 West 623.04 feet formerl g th 623.44 fe ~ y North 0°01'30" West et} along the westerly bounda o 6 to a point; thence ° „ry f said Section forme ° ~ North 8 8 01 ~, 0 East 2 7 7.6 l fee ~ rly North 8$ 16 0 0" East 2 7 t parallel with 6.60 feet along a line and 622.76 feet northerl when m right angles from th y t easured at } e southerly boundar of s ' 6 to the POINT QF BEGINNING ~ y aid Section which is marked by a set 5 / 8 " diameter rebar, thence North l6 ° l4' 01" East 66.42 feet f o East 62.69 ~ ormerly North 16 01'02" feet} passing throe h a found ' along the a roximatP ~ g Iron pin and pP centerl~.ne of a dztch to a Iron pin, thence found ° ~ 0~?~~~ North 0 4 3 4 4" East 4 9, 0 9 feet f `~ `- 49.13 feet ~ ormerly N 0°39'02" Eas },along the approximate centerli to a found iron in thence ne of a d~t~c,.h T, r - ~ ~w, r~ : f y~ 1T ~ p / ~` fir. ~; .:. .,~ ~"~ ~~}~..~~ 4439 ~.i; .~,,x,,;~~ t1 . i~! !r { ~ r i i..` S ti 1 •k 4i ~~, ~ ~ 1 ti • feet ~ f orrnerly 44.33 feet alo left aloe the ~ } ng a curve to ;~ L E ~} g approximate centerline of said dit found iron pa.n, said curve ha ch to a cent o s a radius of 34.22 feet ~~~ ral an le ~ ~~ - a ~~-.~~ g of 74 19 4 0 ~ formerl 74 ° 18' 3 !~ ~ ~ Y 2 } ~d~ ~ ~ ~ ~~ ~ ~ ORDINANCE ~ CHERRY PLAZA ASSQCIAT ~ ~~ ES -; a e long chord which bears North 36° ~ f~ farmed 26 06 West 41.34 feet ~ y North 36°30'14" West 41.2 8 feet} , thence North 37°37'30" East 234.42 fee 37°53'00" East 239 t ~farmerly North • 13 f eet ~ - to a point an the soot boundary of Laplaya Manor Estate herly in Ada Count re s Subdivision as recorded " y cords , said point falls in the Five ' Drain ditch, thence Mlle South 53°05'15" East ~formerl Sou ° ~~ 791.25 feet alo ~ y th 52 50 27 East} ng, said southerly boundar of LaP Manor Estates Subdivision to a ~ Y lava Five Mile Drai point which falls in said n ditch, thence South 65 ° 31' 35" East 91.10 feet f o 0 East 9l . 22 ~ rmerly South 65 16' 4 6 ~~ feet} along said southerl bounda Manor Estates Subdivisio ~ y ry of Laplaya n to a point which falls in said Five Mile Drain ditch, thence boundar o leaving said southerl y f Laplaya Manor Estates Subdivisi y on South 88°10'24" West 208.32 fee 88°l6'00" West t formerly South 209.00 feet} to a found 112" di rebar, thence ameter South 88°16'54"' West 216.76 fee 88°16'Op" West t formerly South 218.00 feet} to a found 1/Z'~ d' rebar, thence iameter North 0°14'50" West 209.11 feet form West 210,61 ~ erly North 0°l'30" feet} along a line parallel with a feet westerl when mea nd 1698.72 y ~ sured at right an les fro easterly boundar of sai .g } m the 5 Y d SW l/4 of Section 6, to a set /S rebar, thence South 88°Ol'10" West 427.80 feet 88 ° 15' 0Q'~ West 426. " ~ formerly South 89 feet} along a line parallel wit and 6 2 2.7 6 feet northerl when m h from y ~ easured at right an les the southerly boundar of s g } PorNT of BE y aid Section 6 to the GINN2NG. is hereby annexed to the Cit o ' ' y f Meridian, and shall be zoned COMMUNITY BUSINESS DISTRICT C--C th ~ }r at the annexation and zonin g is subject to the conditions refer enced in the Findings of Fact and Conclusions of Law as ado ted b the p y Meridian Council on the request for annexation and zonin ;that the ' g Applicant shall pay any impact development fee or transfe r fee adopted by the Cit of y ORDINANCE - CHERRY PLAZA AS5CCIATES Page 2 f ,! r i ~: ~ r i Merid~.an as a condition of annexation and if no t paid the land shall be de-annexed. Section 2. That the property shall be sub'ect to J de- annexation if the owner shall n of meet the followin re u' g q lrements: a• That the Applicant will Merida.an wa be zequ~-red to connec ter and sewer, t to b• That the develo me and p nt of the property shall be " controlled by the Subdiv' subJect to Ordinance and the Merid' 1S10n and Development Januar 4 199 ion C°mprehensive Plan ado t Y - 4, p ed c• That the development steal and meet a1 1 be aestheticall maint ' l required setbacks, Y ained d• That, as a conditio n of annexation, the A lic enter into a development a re pP ant shall ,416 L and 11-2~4 g ement as authorized by 11--~- 17 D, that the develo shall address the followi Pment agreement ng, among other items: 1. ~. 3. 4. 5. 6. 7. 8. ORDINANCE - CHERRY PLAZA AS SCCIATES Inclusion into the develo of 11-9-605 of pment of the requirements the Revised and Com .fled ' of the City of Meridia p ordinances Pedestrian Wal n- including Sections C kways, ~ 1, Plantin ' Lineal open Space Corridor g Strips, ~{~ Bike Path Wa s, s- and L, Pedestrian and y Payment by the Applicant o ' assigns he' ~ r if required, any - firs, executors or ersonal representatives, of an im p ar transfer fe Y pact, development, e, adopted by the Cit y Addressing the Subdiv' ' ision access linkage, screening, buffering, trans' ' traffic stud a itional land uses, y nd recreation services. An impact fee to help acquire a future sc park sites to serve the a hool or rea. An impact fee, or fees for services as d r park, police, and fire eterm,~ned by the cit Y Appropriate berming and land ' soaping. Submission and approval of any required plats. Harmonizing and rote ratin with an ex' ~ ~ ~ the site improvements y fisting residential develo me p nt. Page 3 ~ The sewer and water r ' equirements. 1~. Traffic plans and acc ' ess into and out of the development. ll, And any other items de Staff in ~ erred necessary by the Cit eluding design review of al y and conditional u l development, se processing as required under the Meridian Comprehensive P lan. e. That the development of annex with the p ~ ed land must meet and com 1 rd.~nances of the Cit of ~ ~ p, y particular Section 1 _ _ y Meridian and in devel ~ - l ~ 61G, which ertains opment time schedules and re p t° quirements. f . That these conditions s the hall run with the land and ' Applicant, the titled owners bled an their assigns. g. That if these conditions of property shall be approval are not met the subject to de-annexation. h. Meet the requirements a nd conditions of the Findin s Fact and Conclusions of Law an g of the Cit of M ~ ~ d meet the Ordinances of Y eridian. Section 3. That if the A ' pplicant shall fail to meet the above conditions the ro ert p p y shall be subject to de-~anne ' xation, which conditions subse uen q t shall run with land and also be personal to the owner and A licant Pp . Section 4. That the Cit Cle y rk shall cause one ~ 1 co of } P~` the legal description and ' map- which shall plainly and Ilea rly designate the boundaries of s ' aid property, to be filed with t he Ada County Recorder, Ada Count Asse y ssor, and the State Tax Commissi on within ten X10} da s fo ' y llowing the effective da ' to of th~.s ordinance. Section 5. EFFECTIVE DATE; There being an emer enc ~ yr which emergency is hereb dec y Tared to exist, this Ordinanc e shall be in full force and effect fr ' om and after a,ts passage and a ro pp val as required by law. ORDINANCE ~ CHERRY PLAZA ASSQCI ATES Pa ge 4 PASSED by the City Council an d approved by City of Meridian, Ada Count ~ ~ y, Idaho, this ~ ~ ~- ~, 1997, the Mayor of the day of January, APPROVED: ~~ R -~ ROBERT D. CORRIE ATTEST: WILLIAM G. BERG, JR. STATE DF IDAHO,} ss. County of Ada, ~ ~~~t~~~~+~ t3 f ~~tf 1l#~f~l .~` ~~ ~,~ ~~ T~ C RK ~ .~ r~ M ~ M `• ~ ~ ~~ ~ ~ 14 ,~~~~f~~~~4~ t~#~~~~L1~~ I, WILLIAM G. BERG, JR., Cit C Ada Count Ida Y Jerk of the City of Meridia Yr ho, do hereby certif that t n' is a true, full and c Y he above and foregoin arrest copy of an Ordinance a 9' ORDINANCE OF THE CITY OF MERZDI ntitled 'SAN PROPERTY WHIC ~ ANNEXING AND ZONING CERTAIN H IS DESCRIBED AS THE SDUTHWES REAL TOWNSHIP 3 NORTH, RANGE T 114 qF SECTION 5, COUNT 1 EAST, BOISE MERIDIAN ME Y IDAH~i AND PROVIDING AN EFFECT ~ RIDIAN, ADA No. ~ IVE DATE,' passed as Ordinance ~ by the City Council and Ma or on the ~~- da Y of the City of Meridian y of January, 1997- as the same office, appears in my D ATED this ~____ ~+~r~Q~- uar 199 ;~" ~ y - 7 . ~~ ,~ ,~ fit Clerk ~ C r Y , ity o M ridian r ~ ~ Ada County, Idaho w ORDINANCE -CHERRY PL'1~ `~~ ~r~E~ t~~+~~TES Page 5 STATE DF IDAHO, 4 ~S • County of Ada, ~ ~~ On this ~ day of January, 19 97 , before me, the undersi ned g , a Notary Public in and far said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREQF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~t-~~ H~ l f~1~t'-- +~~ {. SEAL - ~~' ~ ~$ ~: ~~~ ~R~, ~~ ~ p w ~ ~ry ~ S ~- ~/ V f~~~ ~ ~~~ ~~i~is f~J~~ Nat ry Public for Idaho R id'ng at Meridian, Ida M C fission Expires a~ ~~ 4 ORDINANCE ~ CHERRY PLAZA ASSQCIATES Page 6 ^_~ ,, . ,, :.... ~ a :., • M ~• • E 11 E PFOST'S 1 II l .rr.rq~rr: f.. izl~ I (•• ~ ~~ I SUBDIVISION • w _.._ .....~...~..r.._~~...,...,...__ ~~ ~.r~rr. ~rrw.w.»~.rrrM.~ w.rMww. , 1 1 1 1 ~ ~ 1 ~ ~~ I I r~ ~ ~ ~ 1~ F . ~ ~ 1 ~4 1 I I , I~ I# 41 --- a \ I I E ~ ~ ' ~~r-- k $~~ s 3!1 ....~~ tai Y '~W ~r.., ,v*^~...+,. ~'w ~ t~ , Ir~~rr~r~rw.rr~~ w~ 4 ' ~ ,. ~ ti • •~ ~. . ^ µ ~ I "'~' t: F ~ r ~ I .. a- - -t ~.~-. ~~ Win..' ~~,~r tk~ h ~u ~ ', y~ ~ ~ Yt. ~ z~~= ~~ ~ ~ r ~ I ~ 1' ~ ~ KA,,! ~ . ~ Ill ~ f I ~+ po~7sQ~ ~~F. ~~ I ~' ~ i I ~ 1 I ~ ~.. i f ~ ~ ~~ ~~~ I = I .i ~ ~ ~~, ~, ~ I ~~ , i ; '~ € `~-.. • ~ -~~~y ~+ U t ~ ~r ~ ~ ~ . r Scat e.: ~ ~ ~ • r r= ~ ~ ~ ~ ~ i ~rw. ~ ~' ~ ~~rrrr~+ ~ y ~r'_~ ~ rrw~rry ~` w~rrMr~~ / 1 rr'r~"~ ~ ' ~* ~~' i l ~~ ~ ~ f' ~~' t ~ I ~ r ~ 41 ~t~plrm~dri~ d~ bye ~~ ~~e~y r ~.-... - ORDINANCE NO. ~'SZ' AN ORDINANCE QF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS BEG?NNING AT A PAINT WHICH LIES QN THE CENTERLINE OF MERIDIAN STREET, 113x.$ FEET SOUTH OF THE NORTHEAST CORNER OF SECTIQN 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PRJVYDING AN EFFECTIVE DATE. WHEREAS, the City council and the Mayor of the City of Merid~.an, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 to C-C, Community Business, for the described parcel in Section l below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Mer~.dian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as f ol~.ows Beginning at a point which lies on the centerline of ~ ~~~~`~~ ,, 7 Mer~da.an Street, 1135.8 feet South of the Northeast coiner of Section 12, Township 3 North, Range 1 West, ,_. ~ Bo~.se Meridian, Idaho; thence N 89 ° 50' W, 3D feet, to ~S;r. ,~.., y ~` ~~ ~rti ~r ~ ' ~ ~ = ~~ `-~ ~; u' y ~ ~ the northeast corner of Lot 3 , Block 3 of Nida ' s Second a~ ~,, ~ ; ;,~ ; , I ,,F r;; , ~~ ~ Addition to the City of Meridian, Ada County, Idaho; and r ~, ~ ~ t~ ~ ~ continuing N 89 ° 5D' W, a1Qng the north boundary line of ~. said Lot 3 ! l2 D feet, to it.s r-~orthwest corner; and ~t continuing N S 9 ° 54' W, 8 f eet, to the centerline of the ~~ ~.. p~~ ~ ~~alley running north-south through said block; thence ~~I~ ~~ l E ~ ~- o r South, along said centerline 6~ feet thence S 8~ 5 ~~, ~ o /Ji ; ~ _ feet, to the southwest corner of said Lot 3 ; and r~ t" I . 1 ~ ..~ f f ~ ~~ ~--~------~~-~ -- - T nt~,nua.ng S $9 ° 50' E, along the south boundary line of +~. ~~-~~ ~~~ ~- ~~ =`~~ - -~ ~ saa.d ~.ot, 124 feet, to its southeast corner • and r Continuing S $9° 54' E, 34 feet, to the centerline of Meridian Street; thence North, along said centerline, 64 feet, to the point of beginning. k~e, and the same is rezoned from R-4 Low Density Residential to CC Community Business District, and Section 11-2-425 Official Zonin ~ g Maps is hereby amended to reflect the same. Tr~is rezoning is REZGNE ORDINANCE -EUGENE PETERS Page 1 f fi r subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezone. Section 2. The App~,icant shall comply with all of the Ordinances of the City of Meridian. Section 3. That the property shall be subject to re-zone if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains wild. serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of rezoning, the Applicant shall be required to enter into a development agreement as authorized by~ 11-x--416 L and 11-2-417 D; that the development agreement shall address inclusion into the development the requirements of 11-9--605 of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the owner must comply with Section 11-9-605 M., which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 3 . That if Applicant shall fail to meet the above conditions the property~~shall be subject to rezone back to R-~4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall REZONE ORDINANCE - EUGENE PETERS Page 2 ,,, f ,; ~r. be in full force and effect f ram and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the 1 Y 1 1 ~ ~ i'~f/4 Cit of Meridian Ada Count Idaho this ~ da of ~ ~` y r ~- - ~ r 1997. APPROVED: OR ~-- ROBERT D. CORRIE ATTEST: ~4 ., WILLIAM G. BERG, JR, -- ITY CLE STATE ~JF IDAHO, : ss. County of Ada, y ~~ ~~ r, ti-L ~~~/ ~ ~ ~~ ~ ~ SLAL r ~` • w, ~~r~ f-t~~ ~ ~~~s~~~r t.~ fi14 I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of ar_ Ordinance entitled "AN ORDINANCE DF THE CITY DF MERIDIAN AMENDING AND CHANGING THE ZONING DF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS BEGINNING AT A POINT WHICH LIES DN THE Cr.~NTERLINE DF MERIDIAN STREET, 1135.8 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; passed a.s ordinance No. ~ , b the City CQUncil end Mayor of the City of Meridian, on the ~~ day of ~Tanuary, 19 9 7 , as the same appears in my office . REZONE ORDINANCE - EUGENE PETERS Page 3 DATED this ____'_ dad of January, 1997. 4 rfr~" ~ywy ~ . ~~,,~+-~' ~ i~~lerk, City o ~ M ~ idian ~~•~`,~ A ~ty, Idaho ~,~~ ~ ~~ ~~ ~~ ~~~ ~ ~ STATE DF IDAHD,~ ,~~ Count of Ada, ~~~fJ ~~~~,` y ~ Dn this ~l day of Januarys, .997, before me, the undersi ned 9 ~ a Nvtary Public in and far said State, personally appeared WILLIAM G. BERG, JR. , known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day end year in this certificate first above written. .. .~ '1~t~~~~~ itfr~~r~~~i ~ ~ ~ ~~ SEAL ~ ~ ~ ~~ q ~ w ~ ~ ~ ti w ~ M ~ ~ ~ r ~ r ~ ~ ~ ~ ~r ~ e~ 1 ~ ~ • ~ `~~ ~ ~ ~4 c~ ry Publ c for Idaho iding at Meridian, Idah Commission Expires: c~ REZONE ORDINANCE ~ EUGENE PETERS Page 4 ` 3 ,' ~wrirw +rrwwwwr~~rww~rrrlrr ~,,.. .. r~.,....~..wwrwwrri~ 1 I ~ I 4 ~~ ~I I~ I I I t I S ~i Q f4 ~.. ~~ "~ ~~~ ,~ r ~ .. 1~ w~~ ^rr w~+ }1 I r~ f ~ ~ 4 . t t •a .i i i~W ~ ~ ~ rrw ~~~ ~-~~r+•Mwwrw~.. I f( 1r 1 .~ i ~~~~~ ~k k :r~ I ~~ I , f f ~•~ .~ 4 { M .J ORDINANCE N D. AN ORDINANCE OF THE CITY CF MERIDIAN AMENDING AND CHANGING THE ZONING CF CERTAIN REAL PRaPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE SOUTHEAST QUARTER CF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, ID.AHQ; AND PRaVIDING AN EFFECTIVE DATE . WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Cff ice ~L-off, for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land in the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of the ~ ~ ~ ~ ~ ~ ~ Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range l West, Boise Meridian, Thence ~~ ~~ '~ ~. ~~~ F=- ~"~ -~ ,,,,, ,,1 ` ` f 4 ~.1 t.. 1 t ~..~ .~ ~ ~ r~ A f ~ l 1 ~. ~ ~ ~ r ~ 1 North 0° ~~ ~ ,w. ~.~-~ ~:_ i.~ ~ lH.~~,~ 0 Z4 30 West a distance of 200.00 feet ~, ~, ~ ~ ;;~ to the REAL POINT 4F BEGINNING Thence ~ ~''' " "~ continuing `~ North 00°4'30" West a distance of 130.00 feet'~~ ~1 ~~ ~~ ~~ -~- ~~~ to a point, thence - ~ East a distance of ~ 03.00 feet to a Point, ~~~ ~ ~~~ ~ ~ ~ ~~' ~~~ ` `~~` ~ ~ A `I ~ ~ ~ ~' Thence South 00°24'30" East a distance of 30.00 feet to a point, Thence West a distance of 95.01 feet to a point, Thence REZONE aRDINANCE ~ MERIDIAN FREE LIBRARY PAGE 1 South 00°4'30" East a distance of 100, 00 fe to a Foint Thence et West a distance of lOS,pO feet to the RE POINT of BEGINNING. ~ be, and the same is rezoned from R-4 Resi dential to Limited office ~L-off and Section 11-2-4~5, official Zonin M ' g aps is hereby amended to reflect the same. This rezonin is sub 'e 9 ~ ct to the conditions referenced in the Findings of Fact and Co ' nclusions of Law as adopted by the Meridian City Council on the request for rezone. Section ~, TheJA lica pp nt shall comply with all of the ordinances of the City of Meridian anti p cularly the water and sewer ordinances and requirements, the Uniform Fi ' re and Life Safety Code, the Fire Code, the Uniform Buildin g Code, and other ordinances of the City of Meridian includ' ing that all parka.ng areas shall be paved. Section 3, That the prapert shall be su ' Y b~ect to re-zone if the owner shall not meet the followin ' g requirements: a. That the Applicant will be re uired to c Meridian water a q onnect to nd sewer and resolve how the water and sewer mains will serve the land. b. That the development of the ro ert sh ' and cant p p , Y all be subject to rolled by the Subdivision and Develo meet ordinance and the Meridian Com re p ~Tanu A pensive Plan adopted ary 4, 1994, c. That, as a condition of rezonin , the A lica re uired to e ~ g pp nt shall be q nter into a development agreement as authorized by l 1--2-416 L and 11-~~-417 D ~ t develo meet a re ,- hat the _ p g ement shall address inclusion a.nto the development the requirements of 11-9-605 of t ' and Com fled o he Revised p rdinances of the City of Meridian and other matters. d, That the owner must compl with Sectio which e ~ , Y n 11-9-605 M,, p rtains to the tiling of ditches and waterwa s, Y e. That these conditions shall run with the lan ' d and bind REZONE ORDINANCE - MERIDIAN FREE LIBRARY PAGE 2 the Applicant, the titled owners and thei ' - r assigns, f. Meet the requirements and conditions of ' Fact and Co the Findings of nclusions of Law and meet the ordinances o the City of Meridian. f That if the Applicant shall fail to meet the ' above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There bein g an emergency, which emergency is hereby declared to exist ~ ' - this ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved b the Ma Y yor of the City of Meridian, Ada County, Idaho this ~~ - __~__ day of January, ., 1997. APPRo i ~- R BERT D. CQRRIE ATTEST: ~~~~~ CITY CLERK -- WILLI ~~~~~~~,~~~s R~~ irr~~f~ ~~~ ~ ~}ter ~ .~- G. BERG, J~ '" ~~~ ,. .,. ,, ,~ ~- ~~{~~~ i ~t~~~~~ ~~~~J1¢#! i~f~~~~~ REZONE ORDINANCE -MERIDIAN FREE LIBRARY PAGE 3 STATE OF IDAHO,} ss. County of Ada, ~ I, WILLIAM G. BERG, JR,, Cit Clerk o Ada Count ,Idaho d ~ f the City of Meridian, Y r o hereby certify that the above an ' is a true, full and correct co d foregoing ORDINANCE OF PY of an Ordinance entitled "AN THE CITY OF MERIDIAN AMENDING AND C OF CERTAIN REAL PROPERTY IN HANGING THE ZONING THE CITY OF MERIDIAN WHICH IS DESCRIB AS A PARCEL OF LAND IN THE SOUTHEAST ED QUARTER QF SECTIp QUARTER OF THE SOUTHWEST N 1, TOWNSHIP 3 NORTH, RANGE 1 MERIDIAN, ADA COUNTY, IDAHO• ,AND WEST, BOISE passed as Ordin ' PROVIDING AN EFFECTIVE DATE'~~ ante No. ~~ , by the Cit Counc' - the City of Meridian on the ~'~- Y it and Mayor of - ~ ~ day o f Januar 19 9 7 same appears in my office. Y- , as the DATED this ~ ~ da ____ Y of January, 1997. ~,,,,,~~~~~~~~~}ty Clerk, City of ~er dian ~~~~"~ ( bounty, Idaho ~~~ ~'~ err ti`s ~~~ ~~ ~ ~ r w ~ T~ ~ ~ ~ .. M. .. ~ ~L ~ ~, +r .M ~' w r ~ ~~ ~ ~ ti STAT f ~~ ~ ~~~ ' ~~~`~ E OF IDAHO, ~ •r~ .~ ~, ~~~ Count S • ~i~~r~r ~ --~-~~ y of Ada, ~ ~~~~,# ~,,~a~ Dn this ~~~d ay of January, 1997 befo a Notary Public in and for ' - re me, the undersigned, said State, personally appeared Willi G. Berg, Jr, , known to me to be the erso ~ to the within and ~ i P n whose name is subscribed foregoing instrument, and acknowled executed the same, ged that he IN WITNESS WHEREOF, I have hereunto set official seal the da my hand and affixed my y and year in this certificate first ab wra.tten. ove s ~ ~ ~ ~ ~~ SEAL ~~ ~ ~ ,~ ~• ~ ' ~ Not ubli for Idaho ~, ,~ 1~ ~ Re id' g at Meridian, Idah 4 ~ ~` -~ 4 M Co fission Ex fires; ,~ ~ ,~ c~ +` r ~1G {~~4 L~~~X~YF~~~ REZONE ORDINANCE -MERIDIAN FREE LIBRARY PAGE 4 ~ r ~ 0 ~1 1 1 ` ~ l~ l ~/ ^~ rrrgr~'~,~~~ ~ 1 1 _~, ~ ~~ r~rr~ P CE ~~`rr~rwrrrrrr~~~~_._. ~! ` 1 \~ .,~~ ``. V ~~ ~~ ~v ft ____~ i= w / ~s iy- EY Ca4l f ~ ~ V L.i.~/ r f ~..~.~_ HERBY S'W (~o~r~R~ .S~ ¢~ w ~~~ SfC 1, 73, ~ !W wr~r~*rrrr~~~~r~wr~w~rrw~~w~rr~~~w~r~wrr~rrrrrrr~~ ~ I _~.~ ~rr~+wr 1 I ORDINANCE N0. / ~~ AN ORDINANCE VACATING THE PLAT of FARNiINGTDN ESTATES SUBDIVISION ND. Z RECORD IN ADA CQUNTY, IDAHO, ACCORDING TU THE OFFICIAL PLAT THEREOF, IN BOOK 45, qk' PLATS AT PAGES 3749 AND 391D, RECORDED DECEMBER ~7, 1978 AS INSTRUMENT NUMBER 7$68376, RECORDS qF ADA CGUNTY, IDAHq; AND PRgVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and ,the Mayor of the City of Meridian, Idaho, have concluded, and since the owner of the land so requested, that it is in the best interest of said City to vacate the plat of Farmington Estates Subdivision No. 2, recorded December 27, 1978, as Instrument Number 7868376, records of Ada County, Idaho. NOW, THEREFgRE, BE IT ORDAINED BY THE MAYOR AND CITY CgUNCIL OF THE CITY of MERIDIAN, ADA CgUNTY, IDAHq: Section 1: That pursuant to Section 54-1346A, speca.fically, and Title 5D, Chapter 13, I C de, generally, the City of Meridian, having held the required hearing and it appearing that proper notice of said hearing was given, hereby vacates the plat of Farmington Estates Subdivision No. ~, the official plat of which was filed in Baok 45 of Plats at Pages 3749 and 3714, records of Ada County, Idaho, recorded as Instrument Number 7868376, records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this grdinance shall take effect and be in full force f ram and after its passage, approval and publication as required by l.aw, + PASSED , by the City Council and appro~,Ted by the Mayor of the Ca.ty of Meridian, Ada County, Idaha, this ~" day of Q~ ~ ~ ~-~, 1997. RT D. CgRRIE, MAYOR ~tl~~~ ~~ ATTEST : ~~t~~~,,~:~~t~ ~~~ ~ #~ ~ "~ ~ ~~~ ~~ ~ ~ ~ ~~~ ~ ~~~ ~•`~ ~ ~'~ ~. ~, ~~ ~ WILI~,IAM G. BERG, JR~, CITY CLERK ~ ~` ~ ~ , ; F ; ~ ~ ' ',~'~ =~, ~. ,~ ~ ~~ ~ ~~ ~~~ ~ ~~~ t ~ r ~~; ~ - ~`~~flFt~~ ti~~~~~1rt~~ VACATINN ED SEWS/FARMINGTQN #~ QRDINANCE ~=.~ ~--~~~ -~ P.1~GE~f ~~~ ~ D~ {. f ~~ r,• H 1 l ! ~ i-- tt STATE DF IDAHO, ss. County of Ada, ~ I, WILLIAM G. BERG, JR,, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoin is a true, full and correct co of a '~ ~ py n Ordinance entitled "AN ORDINANCE VACATING THE PLAT OF FARMINGTON ESTATES SUBDIVISION N0. 2 RECORD IN ADA COUNTY, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BooK 45, OF PLATS AT PAGES 3709 AND 3910, RECORDED DECEMBER ~'1~ 1978 AS INSTRUMENT NUMBER 7868376, RECORDS OF ADA COUNTY, IDAHQ; AND PROVIDING AN EFFECTIVE DATE." passed as Ordinance No. ,~"~ , by the Cit Council and Mayor of the Cit of Y Meridian, on the ~~, day of Gtr , 19 9 7 as the same a ears Pp in my office x DATED this ~. dayl~,~~~# uT~~,,uary, 19 9 7 . ~~ ~ ~~ .. Z~ CLERK, CITY F RiDIAN ~~ D~ COUNTY, IDAHO STATE OF IDAHO, ~~~~ ~ '~} ~~~ ~i ~-'1~ County of Ada ~{~l~tj~~;;~ 1~1~11i~~1 l I } On this ~r ~ + ~ day of ,~. +~ ~ r , 1997, before me, the undersigned, a Notary Public in and for said State, personall appeared WILLIAM G. BERG JR. known to y f ~~ me to be the person whose name is subscra.bed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,~`~~tEtt~lttlli,rrr ~~`~ ~~ SEAL ~ ~TA~ ~ ~ M ~ • ` w r w ~ ~ r • r r ~ i ~ ~ ` % ~ ~ ~~` VACATION ED BEWSfFARMINGTON #2 ORDINANCE 1 `~ r ~,~"? ~ Y PUBLIC FOR IDAHO DING AT MERIDIAN, IDAHO . ~d PAGE 2 MERIDIAN CITY COUNCIL AGENDA TUESDAY, JANUARY 21, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD JANUARY 3, 1997: cL~P~~~-e MINUTES OF PREVIOUS MEETING HELD JANUARY 7, 1997: cpr~fd~~ 1. PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: 2. PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR ACHEVRON C-STORE, MCDONALDS WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: 3. ORDINANCE #749. - CH RRY PLAZA ASSOCIATES/C-C: u ~O~o~t- 4. ORDINANCE #750 - FARMINGTON ESTATES NO.2 VACATION: ~~rpya~.~ 5. ORDINANCE #751 -MERIDIAN LIBRARY REZONEIL-0: cp~rv~~ 6. ORDINANCE #752 -EUGENE PETERS REZONE/C-C:~z~oprov-~ 7. PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION NO. 7 BY STEIN R DEVELOPMENT: 8. PUBLIC HEARING CONTINUED FROM JANUARY 7 1997: REQUEST F OR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: tab/e uwt~1 F-eh. ¢~ ~n~-. 9. MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS N0. 3: 10. ALBERTSONS INC.: DISCUSSION OF TEMPORARY OCCUPANCY PERMIT: ~:~-~h~ ceis~u.fr~ vim, ~, ~ h . 4 ~ /~'c ~ . 11. DEPARTMENT REPORTS: A. MAYOR ROBERT CORRIE: 1. APPOINTMENT TO PLANNING AND. ZONING COMMISSION: C'e~n~iyw~,e c~iScus's~io-n. Feb. ~~ ~n~ . CITY OF MERIDIAl~ PUBLIC MEETING SIGN-UP SHEET ~EiVED JAN111997 r~~rtt OF MERIDIAN ~~7-UA$ ,` CITY ~F MERIDIAN ,. i ~ FT~~~~~ { ~ .~~..~ YUtsLll. lvlr,r,111~1, ~1u1v-ur anr.r,i JAN 2 1 1997 c~~ro~M~g~n~nr ~ ~~' ~S~/ -~ 0 CFFJ~k ~on-~ FXe--7~~j ~~.-1'~ti Tor/~ 8 ~&--~ ~~l rf7~ ~~ S ~'~ S~ ~i`~u-- '~ ~ ~S'-/9o ~~ ~~~i MERIDIAN CITY CGUNCiL MEETING: January21,_~ 997 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER; REQUEST: CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTQR: CITY ATTGRNEY: CITY PaLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHC~CL DISTRICT: MERIDIAN POST QFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATIGN: SETTLERS IRRlGATI~N: IDAHQ PCUI~ER: US ~JIlEST: iNTERMaUNTAIN GAS: BUREAU 4F RECLAMATIGN: OTHER; All Materials presented at public meetings shall became properly o~ the City of Meridian. ' F ~ r ~ f O N r y I~ O ^ ~ M~ r ) ~ ~ ~ ~ ~' ~O~f ~ ~ M r 1 1 ~ ~ p M ~1A N ' O ~, r ~ ~ T k{ ~ T ` r 1 r ~ ~ ~ ~ M Q J ao ILL r N s >I I~ IN z ~ ~ I ~ ; i N `° ~, ~ 0 ~ I ~ ~ o ~ C m, j a ~ ~ a °' ,- O ~"~ o~ Z ~ ~ N N } } ~ O r I r I l m a y t ~ FARE DEPAaT~IElYT BUDGET Af aUNT ~ 2f751,50D x.5 ~,3~5,~50 PQPULAT(DN ALLQATIoN City 949,2fifi Dis~rict 42fi,484 TOTAL 1,315,75a VALUAT(UN ALLQCATIQN City 949,2fi5 ~. District ~2s.484 TOTAL CITY ~,~~,5~_ TOTAL DISTRICT _ 85~,9b5 ~ ?122195 FIRE DEPAE~TI~ENT PoPULATi4N ToTAt city 4o,aaa District ~ 17,8?? Tota( b8,4?? ASSESSEti VALUAT(QN ~tty 988,$92, 893 District 444,3b8,fi84 T~ts~ ~,433,~5~,27? ~, $9 31 1OU B~ 3 100 199fi197 a r I ~. FIRE BUDGET FY 96-97 Total Budget 3,195,158 Less Lease Purchase (443,658) 2,751.,500 _, ~~r ~ow~hi./ C~7y DISTRICT TOTAL Population 40,600 17,877 58,477 3~/6 Market Valuation 988,892,893 444,368,68 1,433,261,27% 3r/~ ~jrLe R'as~~~~ City 1,898,535 ~~y District A52,965 3~ ha 2,751,500 JOINT USE, OWNERSHIP AND OPERATIaN AGREEMENT FOR FIRE PROTEC'TI4N THIS AGREEMENT, made and entered into this day , of , 199, between THE CITY OF NAMFA, a municipa corpora ion duly organized pursuant to the laws of the State of Idaho, with its principal place of business at 411 3rd Street South, Nampa, Idaho , hereinafter ref erred to as the "City, " and, the . NAMP.~~ FIRE PROTECTION DISTRICT, a governmental subdlvlsior of Canyon County, Idaho, with its princfpa~. place of business at Namr~a; zc~aho, hereinafter referred to as the "District." RECITP~S WHEREAS, both parties desire to improve and ~~provid~e uniform fire protection, rescue and re~.ated services throughout the City and District; and WHEREAS, the parties hereto have determined it tv be in their mutual best interest to jointly. use and operate the equipment and buildings owned separately by each because through joint use and aperati~~n bath can achieve ~ greater economy and of f icie.nc; ; and ~ . WHEREAS, Idaho law provides that any power andjar authority authorized by~ the Idaho Constitution yr statute held by the parties may be exercised jointly; and WHEREAS, the parties have determined it is necessary and desirable to ent;.~r into this Agreement to create . a joint board to carry out these functions and duties; and WHEREAS, the parties tv this Agreement deem it desirable and more efficient in the effectuation of the purposes of this Agreement and for administrative purposes in the performance of this Agreement to create a j Dint board tv administer the joint undertaking under this faint exercise of powers agreement; and WHEREAS, agreements of this type are authvr~.zed by Idaho Code ~ 31-14 3 4A and Idaho Code S b7 -2 3 2 8 . NoW, ; T~~EREFORE, in consideration of the foregoing recitals, considerations and purposes, the parties covenant and agree as fvl~vws: JOINT USE, oWNERS~i1P AND DPERATIOI~ AGREEMENT FOR FIRE PROTECTION -- 1 ACRE~ITS 1. Duration . 1.1 erm: The duration of this Agreement shall be perpetual, subject to either parties right to terminate as hereinafter set forth. 2. Purpose. The purpose of this Agreement is to prava~de for the use, operation and ow~~ership of all fire protection. assets and property areal and personals of both enta.tie s ar~d to continue to provide ~: ire pr~t~:ction, rescue and related services for all residents within the City of Nampa and within the boundaries of the Nampa FirE nrotection District. All existing equip~ent awned by each part shall ~ ~ ~+ remain the property of that entity. A~1 subsequent equipment acquisitions shall be jointly owned. 3. Creation of Nampa Fire Protection Board. . ~ 3.1 ~} arse : .The name of the joint board created by' this Agreement shall be the "Nampa Fire Protection Boa~~d, " hereinafter referred tQ as "Board, " 3 . ~ e istered Office: The address of the . designated office is Nampa Fire Protection Board, c/o Nampa Fire Department, 9~3 lst Street South, Nampa, Idaho 83681. 3.3 ewers: there shall be a joint board which shall have the power and authority to conduct the business and to manage this Nampa Fire Protection Beard, and shall have the power and authority to conduct the business and to administer the terms and conditions of this joint exercise of powers agreement. 3.4 embus: Thejoint board shall consist of th.e Nampa City Council and the Board of Commissioners of the Nampa Ffre Protection District. 3.5 eetin s: Meetings shall be held as necessary. Either the City or the District may call a meet~.ng: 3.6 V- tg: The City and the District shall each .have one ~ i ~ vote , . 3.7 uvrum: A quorum to conduct business shall consist of at least three ~3~ City Council members and two ~ ~ 2 ~ fire distract members . JOINT USES OWNERSHIP AND OPERATION AGREEMENT F4R FIRE PROTECTION - ~ r, ~• S 4. Finance and Budget. 4.1 Bud et: The budget far the 'oint operation of the combined fire de ~ ~ partment shall be provided from tax and other. revenues and shall be approved. annuall by both entities on a timel basis. T y , y he rata.o of the contribution from the pity and the District shall be based on the average of the fallowing two percentages: 1 the toss market va ~ ~ } g luata.an of all property, subs ect to ad valorem tux in each jurisdiction, divided by the total of both ~ as appears on the property valuation tax rol~.s in the Canyon County Assessor ~' s office. District property included a.n thi5 calcu~.ation far the District property shall onI be real and ersonal ro ert to ~ ~'' y P p p y red for sire pratectlan as determined by the district; and ~~~ the population of each jurisdict~.an~ divided by the total of both. The mar ket valuation figures shall be obtained from the Can on Count Assessor's office each e y y y ar and the population figures shall be based on the most recent census figures adjusted b an annua 1 demo r. a her' s re ort. ~ Y g P p The .demographer''s .estimates shall take into consideration building permits issued utility cvnnectionsY and other reliable factvzS in makinr papulation~estimates. As of Dctober 1994 g r r ~-he percent of contributior~~ for the expenses of the fire departmexit will be prorated based upon the foregoing formula. The formula shall be reviewed annually and adjusted for the followin October 1 r if necessar The necessar bu ~ g y y dget cantrlbutlon to b' made by both entities is expected tv contfnue in perpetuity. 4.~ dditional Station s The Board ma acquire land and construct a y second fire station yr stations as determined by the Board. The location and lan deli n far the station s P g ~ } shall be agreed to by the City and the District, Funding for such acquisitions shall be as s e. forth in paragraph 4.4 . ,4.3 ccountin,~a : The City shall take care of all accounting and administration for all sha~•ed a enses and ca ital urchases an ~ P ~ P d the investment of all funds. The Nampa Fire Protection District will reimburse the Cit for the Nam a Fire Protectia ~ y P n District sr share of the expensesr including accounting and administrative a enses and s a ca ital ~ ~ m 11 p purchases on a monthly basis as agreed by the Board. 4.4 Subse ent Ex enditures: For all large ownership fund called the established by both ent~.tiesr _ _~_ capital expenditures, a joint "Joint Fire Fund" shall be maintained by the City and JOINT USE r pWNERS~~IP AND DPERATIGN AGREEMENT FCR FIRE PROTECTION - ~ i ~ ~ ~ ~ Lr • administered by the Beard. Both entities shall deposit rota the Joint Fire Fund their respective percentage~obli ation g as determined in paragraph 4.1. Contributions in future years to the Joint Fire Fund shall be made by ~ each entity on the first business day after February 1 and August 1 of each year ~n the amount their respective percentage obligation agreed on in the budget for that particular year. 5. Administrator. 5.1 The Administrator shall be appointed j c~intiy by the Nampa Ma~.ror w~.th approval of the Nampa Cit Counca.l and the Nam a Fire Protection Q' y p ~:str~ct Comma.ss1Gners, 6. Terminat~.on. d, l In the eti-ent either party desires to terminate or withdraw from this Agreement ~ it must give the ether party two ~~} years advance written notice, Each party will receive the real and personal pro ert contributed initiall ~ P Y y by that party. As to property jointly acquired during this Agreement, an appraisal of all assets, both real and personal property, will be made and then the property will be da.v~ded, with each entity to receive a percent of the net value of each asset after deducting for ~.iabilities against that asset at the time of dissolution. The percent tv divide any asset acquired after inception of this Agreement shall be the percent described in paragra h p 4.1 above that was appla.cable during the years the asset was paid for. 7. Miscellaneous. 7 . ~. Nothing contained in thf s Agreement shall relieve either public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and .timely performance thereof by the terms and provisions of this Agreement as contained herein. DATED this day of CITY of NAMPA~ IDAHO. 199 By Mayor JOINT USE, QWNERSHIP AND oPER.ATIQN AGREEMENT FQR FIRE PRQTEC~'~QN ~ 4 .r r ~ r, r.. ~' ' ,, `f ~ ( ~~. ATTEST: Ci y C er (SEAL) NANIPA FIRE- PROTECTION DISTRICT By cfiirman o e Boara Comm~.ssioner. Comm~ssxoner 101964T. ~ JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FoR FIRE PROTECTION ~- 5 ~ 0.3~ed g~ : s ~ ~6 ~ i z ~r~r ~t~ ~ ~~ ~ ~ o ~ ~ ~ ~ o s~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~.. ~ ~ t~ o o a ~ ~ u~ gaqryry ~ ~ ~ ~ ~ ~ ~ C `~ QW d~ ~~~ L ~ ~o ~~ ~ ~~ ~ c~~c~~ ~L~ x ~ ^ r.,t G1 ,,.y ~ ~. ~ ,~ c -~ ~ ^~ ~ a ~~,~~ ~ +~ ~ ~ U p ~ ~ ~~~~ ~.ssoa~on of ~daha C~~es ~ t~ , ~,.~~ u,~a ~ ''' ` 3 314 Grace StreeC .~ k~,j; ~ s'~ ~ ~ ~ ~`' ~ 83703 Bozse, Zd~o ~ ,~: ~ ; ~ ; ~ , . ~ d~ho A~s94CIat~O~. of Counties '"i"} •1h~~,r~, i VO 7f r -1 ~LiA~a~ ~~ViI~ ~ ~~ ~~~ ~~ ~ Bose, Idaho 83701 P~A.S.E ~~~ ~'Q: elected Of.~rax~, P2 ~a~au~i~sion, N~e~abexs and Respoas~ble St~f~ ~~ ,,., ~~ ~ ar ~. ~. ~ a °~ s w ~ .~ .~ ~ ~ ~ '~ " ~ ~~~ ~ ~. ~, ~ ~, Q ~ ~~ Q . ~ ~ ~ .5 ~ p ~ ~ o ,~ ~-, ~ k w Q "ao L •.7 ''"t ~ C 0 ~i •+ ~t b Q~ ~ © ?~ `~ kM~ w 4 b4 t~ `~ ~ ~ i r ~ ~ L ~ / ~ r ~ V M i G 'M/ QQ r ~1WWV ~ ~ '"' ~ O ` y p ~ ~ _ f ~ p ~4 ~ C1 r ~ 4~ C'~ ~ ~ y G~ p ~~ ^ b1 ~ ~ A r ~ w.Y ~ Q tii ~ ~~ v #w ~ ~ r1 ~J w 1 ~ ~ ~ ~ ~+ 7.. rrl ~ 7 ~ r1~A r~ ~ ~ U cn f•• Q U w ~ I~1 1~[ w ti Minute t3ook__, Commissioners, Ada County, Idaho Open ~ssicn~January 14,1997 A.D. 19 BOARD OF ADA COUNTY COMMISSIONERS MINUTES OF THE OPEN MEETING TUESDAY, JANUARY 14,1997 1:30 PM The Board of Ada Caunty Commissioners met this date in Open Session in the Commissioners' Conference Room of the Ada Caunty Administration Building to discuss the Meridian Area of Impact. Staff members present: Patricia Nilsson, Doren Fluke, Shawn Nickel and Jeff Patlavich, Development Services; Ted Argyle, Prosecutor Attorney's Office, Minutes Recorder: Kelly W. May IN THE MATTER OF CALL TO ORDER: Commissioner Vernon L. Bisterfeldt called the meeting of the Ada County Commissioners to order at 1:3 ~ PM. ZN THE MATTER OF ROLL CALL: In attendance were Commissioners Vernon L. Bisterfeldt, Roger Simmons, and Frank Walker. Also Present: Mayor Bob Carrie, Walt Morrow, Charles Rountree, Glenn Bentley, John Tensen, Wayne L. Peterson, Marvin Peterson, Bill Robinson, Tucker Johnson, Wayne G. Crookston Jr., Shari Stiles, Gary Smith, Wili Berg, and Brad Watson. Bab Carrie, Meridian City Mayor, said that the main question brought up by the County Development Services staff dealt with the availability of sewer in the area. Meridian City engineers had drawn up a map of current sewer lines and future plans. Gary Smith, Meridian City engineer, explained his memo and map regarding the cost and availability of sewer in the proposed area of impact Memo-Exhibit 1, Map-Exhibit 2}. He gave the status, plans and capacity of Meridian's sewer waste-water treatment plant. R. Simmons asked to what extent Meridian was willing to fund improvements. W. Morrow explained that sewer plant improvements have been budgeted to double the current capacity and they have already made funds available to double capacity again in the near future. They are looking at long-term issues and capacity needs as well, He said that Meridian was funding expansion of the treatment plant and hoped to have deveIapers deal with new pipeline costs. B, Carrie expressed his concern and commitment #a improve the plant capacity in keeping with Meridian's growth patterns. T. Nilsson discussed the northern corridor's drainage, She explained her memo and the memo from J, Tensen which concluded that the two parcels referred to as the Johnson and Howell properties could bath be served by Boise City gravity sewer. J. Tensen explained that Boise City's trunk line is deep enough to use gravity sewer even thought the topography goes upward, He noted that the Howell property owners have an application pending asking Boise City to include their property in the Boise City area of impact. R. Simmons asked if Boise had discussed haw far west beyond the Howell property they could service with gravity sewer. Minute ~3ook`, Commissioners, Ada County, Idaho Dpen ~gsion~January 14,1997 ,..., a .D. is J. Tensen replied that they can't ga much farther west than the Howell property R. Simmons asked it there was any discussion of sewer service from Boise City tv the area north or south of the Johnson property. J. Tensen replied that he had not looked into bringing sewer to the property to the north, but had been in contact with the representative from the southern property ~a church) and they did not seem to have any conviction either way. R. Sinunons asked to what degree sewer comes into play when deciding an area of impact based on roads. J. Tensen said that sewer and roads would bath be considerations, but the boundary would probably have two sewer lines on the road in any case. He did feel strongly that for his purposes, having the boundary out as far as possible helps them to plan the sewer accordingly. W. Morrow added that using a road as a boundary rather than a sewer line was preferable to him. He would like to make this decision based an other things in conjunction with sewer availability. R. Simmons acknowledged that he wanted to get this resolved f Wally. He noted #hat the City of Boise seemed to be responding to requests from individuals and not necessarily asking far this area. V, Bisterfeldt indicated that he wanted the line at the west boundary of the Howell property. He thought the Commissioners were close to making a decision if they get all the procedural questions answered, R Simmons said that the County Development Services staff had experienced some difficulty working with the Meridian planners. Because of this, T. Nilsson had put together a list of questions from the County. He wanted assurances from Meridian that they will respond to the landowner and developers' needs. W. Marrow explained that Meridian wanted to develop from the city outward rather than have tracks of infill that would have to be developed later. He argued that part of keeping housing affordable will be encouraging development slang with that growth pattern ar have the developers swallow the cost, He added that Meridian did have methods in place that would allow growth an the outward lines if necessary. F. Walker asked about the legal criteria for extending the impact area. B. Corrie replied they were soaking into that. Meridian had been working with the Ada Planning Association on populations and demographics far the year 2020 and found that there will be approximately 29,400 new homes in Meridian by that time, only 11,000 of which would be in the northern corridor. V. Bisterfeldt reminded everyone that he would like a chance tv revisit the area of impact agreement after a certain number of years with the option of taking the land back if Meridian is not able to provide services in a timely manner. W. Morrow said that mast of the committees in Meridian's government include people from areas of impact as well as the incorporated city. He wants to be sensitive to provisions far bands in areas which are not currently incorporated. V. Bisterfeldt instructed T. Nilsson to look at all the documents and try to find the areas of agreement. Minute 3ook____~, Commissioners, Ada Count ,Idaho Y open ~ssian,January 14,1997 ,...._-. A,D. 19 R. Simmons mentioned that he would like to hear from the members of the public who were attending the meeting. Marvin Peterson, 5949 Windstead Place, owns the S~-acre parcel west ofthe Howell property, He asked how long until Meridian could service his area, and if they really want a boundary line down the middle of a section rather than along a road. He thought his property could be served by Baise with some expense to him. J. Tensen said that Baise City sewer is pretty close to capacity for that area and they could not serve his property without the use of a lift station. He noted that from a technical standpoint, it could be put in at property-owners' expense, but the expense of operating a permanent lift-station would ultimately be passed onto all the sewer customers. R. Simmons reiterated that the Commissioners agreed that boundaries should be based an physical, not political, factors and the availability of services, W. Morrow told M. Peterson that a latecomer's agreement could allow him to get sewer from Meridian to his property in the near future. Tucker Johnsan,12543 W. Red Spruce, brought up the issue of #raffzc. He said this was an employment center with Hewlett-Packard, YMCA and other business in the immediate area, and people working there were driving in from outside developments. ~f they don't develop the nearby area residentially, T. Johnson warned that the traffic would be impacted. He added that he agreed that the area of impact agreement should be revisited to make sure services are available. V. Bisterfeldt noted that same homeowners want to be in Meridian because taxes are cheaper. T. Johnson admitted that he thinks it is unlikely that Meridian sewer would be in that area in the foreseeable future. He argued that Boise City could install the lift station for the sewer and pass all the cast on to the developer without charging the other customers. J. Tensen agreed that the installation costs would be passed along to the developer, but if the lift station is permanent, then the cost is absorbed by all customers. He concluded that it is preferable to know where the boundary is well in advance to prevent facility duplication. V. Bisterfeldt said #hat he will try to make his decision regarding the area of impact based on services and.realistic costs, but there are also personal considerations far people who want to be in one city or the other. He believes developers should have to pay for sewer going to outlying areas. Bill Robinson, 2165 Springwood, Meridian, owns property adjacent to the Johnson property and would like to see a clean boundary line which allows them to get sewer, V. Bisterfeldt asked him if he would rather be in Boise or Meridian, B. Robinson said he would prefer to be in Baise City. V. Bisterfeldt said he would like an opportunity to look at the area, the questions and concerns, and then draw tl~e line. R. Simmons said he was ready to make a decision and start work on the answer, He asked B. Corrie haw long it would take Meridian planners to get some answers to T, Nilsson. I'. Nilsson said she will need a few weeks and B. Corrie concurred. Z. Simmons suggested that the Commissioners table the item to 112819'1 at 1 I :QO am luring the Zoning staff meeting. R. SIMMONS MOVED TO TABLE THE xTEM T4 1128197 AT 11;04 AM, F, WALKER SECONDED AND THE MOTION CARRIED UNANYMOUSLY. N THE MATTER OF ADJOURNMENT: there being no further business to come before the Board at this time, the meeting was ~ecessed at 2:3 5 PM. Vernon L. Bisterfeldt, Ch rman Minute ~ook~_., Comm~.ssianers, Ada Caun~ Idaho Y~ Open Ianu 14 ] 99'1 Session, ~' .D. 19 (~~~~ aG~L.L17~G~ 1: HUB QF TREASURE VALLEY WILLIAM G. BERG, JR., city Clerk A Goad Place to Live JANICE L GASS, City Treasurer GARY D. SM#TH, P.E., City Engineer BRUCE D 5TUAR . T, Water Warks Supt. JOHN T. SHAWCRDFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHAR# L, STILES, P & Z Administrator MERIDYAN, IDAHQ $3042 PATTY A. WDLFKIEL, DMV Supervisor (208} $$8.4433 • FAX {?A$} $$7.4$13 KENNETH W, BDWER5, Fire Chief W.L. uBILL" GDRDDN, Police Chief Public WarksBuilding Department (20$) $87-22.1 ~ WAYNE G, CRQ4KSTDN, JR., Attorney Matar VeluclelDrivers License {Z~8} 888-4.4.43 RaBERT D. C4RRIE Mayor NOTICE OF SPECIAL JOINT MEETING MALT W. M4RRDW, President RONALD R. TDLSMA CHARLES M. RDUNTREE GLENN R, BENTLEY JIM JOHNSON, Chairman KEITH BDRUP JIM SHEARER GREG DSLUND MALCDLM MACCDY NOTICE IS HEREBY GIVEN that the Meridian City Council and the Ada County Commisioners will hold a Joint Meeting to discuss the Cit of Meridian Area of Im act at Y p the Ada County Building, Third Flovr, in the Ada County Commissioners Conference Room, G5o Main, Boise, Idaho, on Tuesday, January ~ 4,1997, at ~ :3o P.I.. The public is welcome to attend. DATES this lth day of January,199~. WILLIAM G. BERG, JR. LERK WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Woks Supt. JOHN T SHAWCR4PT, Waste Water Sup#. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. W41.FKIEL, DMV Supervisor KENNETH W. BOWERS, Plre Chief W.L. "BILL" G~RDQN, Pa1lce Chief WAYNE G. CROOKSTON, JR., Attamey HUB QF TRL'ASURE VALLEY A Good Pace to Live 33 EAST IDAHU MERIDIAN, IDAHU 83642 (208} 885.4433 • FAX (208} 887-453 Public WorksBtulding Department (208} 887-2211 Motor VehiclelDrivers License (208} 888-4443 ROBERT D. C4RRIE Mayor MEMORANDUM COUNCIL MEMBERS WALT W. MORROW, President RONALD R. T4LSMA CHARLES M. R4UNTREE . GLENN R. BENTLEY JIM JOHNSON, Chairman KEITH BORUP JIM 5HEARER GREG 45LUND MALCOLM MACC~Y JAN 1 4 1997 Tt~: MAYI~R end CITY COUNCIL ADA COUNTY CGMMISSIUNERS FRI~M: Gary D, Smith, PE City Engineer~Public Works Director RE: SANITARY SE'~UER SERYICE- PRGP(~SED MERIDIAN CITY AREA ~F IMPACT ~Chinden Blvd.; 114 mile south McMillan; 112 mile west Eagle Rd.; Ten Mile Rd.~ The 1993 Sewer Facility Plan Study FPS} for the City of Meridian shows that we can, by gravity, serve the area of land within the boundaries noted above. The attached documentation, prepared by Assistant City Engineer Brad Batson, E1T, presents in more detail. than our FPS the sewer line slopes, pipe inverts, pipe cover and estimated costs of construction in todays dollars to extend the North Slough sewer line through this area. The City of Meridian Wastewater treatment plant is presently, and has been for the past several years, in a state of construction for replacement of equipment and expansion of treatment capability. A project to install more efficient equipment in the primary and secondary clarifl.ers and reconstruction of the grit classifier will be completed by mid-March, 1997, Previously the chlorine disinfection system has been replaced with ultra-violet and a third tertiary filter unit was constructed. Design is presently underway for construction of an S~ foot diameter primary clarifier, to further facilitate treatment of increasing sewage flow from the substantial growth we are experiencing. ' Additional modifications to the treatment works in the form of aeration basins}, parallel piping and bio-solids disposal will be dealt with in the near future. The City of Meridian is prepared to proceed with funding of these improvements to keep up with the growth. With completion of equipment replacement project March 1997} capacity for this summer should be 4 MGD. 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I I I I I 1 I I I I I I I I I E I I 1 1 1 I f I ~ I I I I I ~ ~ I I I _,.____ I I I ~ I I -,- _,_ I _; _ _ _______ _____-_ ,___-_-- ______ I _____-, I ` I I ~ i _ '~ I I I I i I ~ ! i ! ~ I I 1 ~ ~ ~ ~ I ~ I . ~~ ~ ~ ~,~ I ~ I I '~ '~ r 1 I 'P.M~E. ~R[~~~1' tL ~ ~ 4 Q x. ~ ~; ~ ~ r Ilii~ - ~I. d ~ ~ ~ I ~ I ~ I I ~ ~~ `;~~ 6 ~ . ml ~ _~ ~ N ! .N I o ~ i ~ I ~, i ~~ ~~ I ry -- ~ ~ ~ ! i . I I~ ~- - -I I I I =_ C~ •~ ~ ••~. i• / W V .._. ,w ~ ~~ ~ I~~ ,~ ~ J~ ~ I I I i ~ ~ ~ ~~ ~ ~ I ~ ~ ~ ~ ~ I ~ L I I p !~~ I~ ~+ ~~ I I ~ i I r~ °r= ~ ~, i ~~, i _ ~. I ~ ~~ I I I l i ~M i I ~ ~ ~ _" ' I J ~ ~ i I ~` `~ I. ~ w~.` ' .~ I I ~- ~4a f ~ .i i o ~ i ~` `~~1 ; 4 ~ I I '~- m I ~I ~ I I g I~ ~kl . , f EI f ry ~ I-~ . .. i ~~ _ .._ s i I I I I ~~L ~ ~ y ~ ~ ~ ~ ~ ~~ - l~. _ _.~~._~ a `~~ r , I I I l i / n ~~ d ` i ~~ ~cQ I o n I _, ~ ~ ~ ~ ~ ~ 8~1 ~ V f ~ ~ ~. J ~ _ _ .~ I ~' ~~ ~ ~ ~ ~ 9'L~~ - ~ I ~ II ,~N ~~, i~ ~ ~ ~ ~ ~ i i . F _ .,... _ ~. ...... L ~ ..w _ _ .~. L _ .... ~I'a~ s' .~~~Al ~~ ~ ~ g ~ ~ I ~I ,, ~I y ~, m ~y y ~ ~ .~ I ~ o ~ ~ P 1 I ~ I ~' I I I ~ i .~ '~ ~ I ~ ~ f I ~, . I ~,,, ---~ , ~ I i ... I f- I '~ ~ ,~ I C I I I ~ $ I I1 p ~ ~ f~" ~ I ~ `~ ~ ~ w ~ I ry m ~, .. ~` t _ I~~ ~ ,lay ~~~~ i I ~ --_~ _. ~ I '? Q _~ " a ~ 1 ~ c --r--- _~-- ~ ~ ,~ ; i~ } ion , „ ~t ~r "Y l ~ ~ ~ ~ ~ / ~ i I i 1.~ - .__. - - -~ .~ ._.. ~'i I I b ~ ml ~ I ~~ ~. L .~ Iq ~ ~ ~ I J ~ ~ n ~ ~• i I ~ ~ ~ '~ ~ f I o .~ ~ f I~ I ~ ~ I . r ..~ e,.w .r ~•r ~..a .. ^ ~i r irs .w ~~ ~ r.-r .r wd •.~ ti.~ ^ •.r r• , n f g~~~ ~ ~ie4r ~ ~ r' ~ ~~ 1 ~ ~ I ! I d i I I ~ I ~ j ~ m I 1 ~I~ I I u ~ ~"~r.,,,~- L~ , ., .... - I I ~ W ~~. r ~ I I ~ I . _-- I -.._ .~ ~. ~I~ ~I /r~l~l ~' HUB 4F TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P E., City Engineer BRUCE D, STUART, Wa#er Woks Supt. JOHN T SHAWCROFT, Waste Water Supt, DENNIS J. SUMMERS, Parks Supt. 5HAR1 L. STILES, P & Z Administrator PATTY A. WQLFKIEL, DMV Supervisor KENNETH W. BQWER5, Fire Chief W.L. "BILL" GQRDON, Police Chief WAYNE G. CROOKSTON, JR., Attamey A Good Pace to Live 33 EAST IDAHU MERIDIAN, IDAHO 83642 (208 888.4433 * FAg 1208} 88'1.4813 Public WorksBuilding Department (20$} 887-2211 Matar veluclelDrivers License (2~8) 888-4443 ROBERT D. C4RRIE Mayor January I4, ~ 997 Honorable Ada County Commissioners Messrs. Vernon L. Bisterfeldt Roger D. Simmons Frank Walker X50 Main Street Boise, ID 83702 Re: Renegotiation of Area of City Im act p Additional information Dear Ada County Commissioners: WALT W. MORROW, President FtDNALD R, TCLSMA CHARLES M. ROUNTREE G~.ENN R. BENTLEY JAN 1 4 1997 GTY OF MERIDIAN ~V~~ The Meridian Comprehensive Plan lists six ke communi vat • y ty ues which form the faundat~on of the Plan: Manage growth to achieve high-quality develo merit. .. P • Enhance Me1!~ldlan s quality of hfe far all residents. • New growth should finance public service ex ansion. p • Prevent school overcrowdinglenhanceeducotion services. • Expand commercial and industrial develo merit. „ ~ p Protect Meridian s self-identity. These goals will best be met by inclusion of the entire area idea ifi t ed m our 1993 Comprehensive Plan Area of impact. The following information is rovided to assi • P st you ~n your evaluatron of our proposed Area of Impact and the City of Niertdi.ar~'s abili to rovide u ' ty p rban servYCes. a. ntr War. Wells will be constructed as develo meat occurs in the p general areas outlined on the Meridian Creneralized Land Use Plan. The Ci ' ' ty of Meridian currently has nine wells and will be rehabilitatin an existin well to g g make a total of ten. Future well sites are identified and will be dedicated to the Ci of • . ty IVler~d~an as development occurs. The City of Meridian will also cam fete ' . p design and construction of a ~.0 MG storage reservoir, well and booster station at t ' ' . he City s new park site at Ustick and Meridian Roads. Ada County Commissioners January I4, 1997 Page 2 b. Munici 1 a ew er C 11 i n an Tre tm n em ' . Sanitary sewer services will be extended as development takes lace. In accordance with ' p the City s policy and ordinances enacted to have growth a for itself the Ci do ' p y ~ ty es not actively solicit additional growth by extending sewer lines and waitin f g or de~relopment to occur. Major trunk lines are planned to provide avi sewer servi .. ~' tY ce as shown on the Meridian Generalized Land Use Ma .The Cit is currentl ' . p y y negotiating with a consulting engineer to update our Facilities Plan, This will be com ' pleted in 1997. Also, please reference the memorandum dated 1113197 from Ga ' ry D. Smith, P. E., City Engineer, regarding wastewater treatment lant ca aci an ' p p tY d pig projects. c• P li f ervi 1. Urban fire protection. The City currentl has ten full-tirrie Y firemen and 3 0 volunteers. Anew satellite station site has been ac wired on Ten . q Mile Road, approximately one-half mile south of Ustick Road. Anew substation will be constructed within the next ear. Paramedics . Y and all basic life support services are provided throw h the Meridian-A . g da Rural Fire Distnct. 2. Law enforcement. The City currentl has 29 full-time olice y p officers and four reserve officers. Four officers were added in October 1996 . ,two were added in January 1997', and an additional four full-time olice affi ' . p cers will be added in October 1997. The Police De artment has rece • .. p ~y implemented a Citizens on Patrol ~C~PS} ro am in which con .. p ~' cerned citizens monitor suspicious activities and report to the Police De artment p via cellular phones. The Police Activities Lea a PALS has been gu ~ } established to work extensively with the youth of Meridian in all types of activities, including sports. Both of these pro ams have been ve ~' ry successful. The City also acquired a drug dog in the last two months ' which has greatly facilitated drug enforcement activities and felon arr y gists. 3. Emergency medical services. Ambulance service advanced life ' ~ support} is provided by Ada County. This emergency medical service is c~uren . . , tly stationed at the St. Luke's facility on Eagle Raad. The Ci of Meridi ' tY an s paramedics and volunteers also respond 24 hours er da . p y d. ~~. The City works closely with the Meridian School Distri ct tv plan needed school sites as development occurs. The Meridian School District su ccessfully passed a bond that allowed the construction of three new eleinen school y s Ada County Commissioners January 14, ~ 997 Page 3 within the District. A 55-acre site for a new hi gh. school south of Gverland Road between Eagle and Locust Grove Roads has b . een acquired, and a Huddle school site acquisition on the easternmost boun of . dory our urban services ply area will soon be completed. Mandato d g ry ed~catton of school sites is a condition of the development approval process, e' rb nd r . The Ci coor ' • . ty donates projects with the Ada County Highway District to assure nei rhood in ' g~ terconnectivetyond that scree are constructed to urban standard is s are planed within developments. All streets are under the jurisdiction of the Ada Co Hi wa D' ' Y gh y lstnct. Stub streets are required to undeveloped properties to meet future trap ' . sportation needs. All bu~ld~ng permits vv~th~n the Ci are tied to dedi . tY cation of necessary rights-of wa for future expansion. Y f. P k R r i n F iii i .The Ci ' ty acquired a 59-acre park site north of Ustick Road on Meridian Road in I99b. An additi ' oral four-acre site has been dedicated to the City near the location of the new hi . gh school site. The City enacted a development impact fee in ril of 199b whi ' AP ch has since enerated $3 04, 5 S 9.3 9 throw Jan g gh wary X0,1997, fnr the a uisitian and co ' . ~ nstruct~on of new parkland. The City also acquired additional roe t • . p p rty o allow the expansion of the ex~st~ng Cherry Lane Golf Course to an 1 S-h 1 • . o e course. The City would hke Ada County to impose these irn act fees for . p all development w~tlvn our Area of Impact, as is currently done with Boise Ci . . P 1' Tr ' g i n. The City of Meridian is workin wi h B ' . .. g t oise City and other netghbanng cxt~es tv explore develo went of a li trail . P gh system between dam a and Bose. The Ci of Meridian wih p tY be an integral part of this stem due t ' ke location and th sy o its Y e tracks running through the center of downtown M ` Public b end~an. us systems will be incorporated in the future as develo meat p ocans at higher densities along arterial road s when such • way z a system can be ~ust~fied. h. ' r .The Meridian Free Libr Di ary strict passed a bond to allow the construction of a 3,000-square-foot library located on Che L is sch rry one. The bu~ld~ng eduled to open on May I6,1997. The facili re la • .. ty p ces the 4,00 square-foot ibrary on Mend~an Road and Idaho Street. The f • . ac~,ty should serve the population well for many years to come. I. rm Dr 'n F ' i ' .Storm drain . . age ~s under the ~unsd~ction of the Ada County Highway District. All new develo eats are r • prn equu•ed to retain drainage and stormwater on-site. Ada County Commissioners January 14, 1997 Page 4 ~ ~ I~,~ili r.F_~Iitie~. All utilities are ke t informs p d of upcoming development and asked to comment an each development. The Planrun g Department works closely with the various utilities to aid in their farecastin of riari . g p tY growl areas and construct~an needs. k. rb ~ .i n m .The Ci enacted an . . . ty ordinance requiring pressurized ur~gat~on systems many years ago. All new subdivisions within the Ci Men ' ~Y of dean must provide pressurized irrigation within their dev elapments. The best prognosticators inthearea worked to devely the ' .. p populat~vn forecasts noted in the Mend~an Comprehensive Plan. However, even the best do not have a crystal ball. In a three- ear period, nearly 85~ residential ermits were issued av y P er and above the projected number. while we realize we need to continue to renew and u date our Com r ' ... P , p ehens~ve Plan and associated praject~ons, we da not feel ~t ~s imperative that tlns be done to tens oti The D g ate our Area of Impact. emagraplucs Committee ~s working on final ro'ectians based n • • . p j o the increased activity. Ada Plan~ung Association also previous) assumed a low r . • . Y e multiplier per dwelling unit in they population projections that is probably not a ro riots for Merl ' pP p dean. The City s support of infill development also promotes higher densities near the dawn town core. The majority ofthe items identified in ' the Capital Improvement Plan have been, co Ieted. Th City is current) reviewin th P ~ e y g elan and will make adjustments as neces but the ou these ne otiations • ~~ tcome of g will play a ma j or part in the direction an char es ma tak Y g y e. we trust this will assist you ~, assessin our abili to serve our . g ty proposed Area of Impact. Cxranting us the requested area will allow us to continue l • p annirig for ~gh_quality development; enhanced quality of life; expansion of ublic servic school f • .. . p ~ acilities, and commercial and industrial development; and the protection of Meridian's identi ty. Your favorable vats to accept our proposed Area of finpact is greatly appreciated. Respectfully, CITE` ~F MERIDIAN • ,~,~.~,~ ert D. Cowie Mayan O P C O pN ii~+~~I P~~-~ ADA COUNTY ,1AN 1 4 1~~7 _ r~ DEVELOPMENT SERVICES `~~~ 650 Main, Boise, Idaho 83702 F M~RlDIAN BUILDING DIVISION -Phone: (208) 364-2277 PLANNING & ZONING - Phon (~ 208) 364-22%7 MEMORANDUM January 14, 1997 TD; Board of Ada County Commissioners FRflM: Patricia Nilsson, Planner III RE: , Meridian Area of City Impact Renegotiation Process Staff has identified the following issues to be addressed during the process of renegotiation of the Meridian Area of City Impact. At the meeting of the Board and the City of Meridian on December 16, Meridian agreed to provide information to the staff to assist in the analysis of these issues. A follow-up request was made to the City last week, but as of this date the information has not been forwarded. Thus, staff has specifically identified the issues and questions that need to be answered to document compliance with state code and consistency with the Ada County Comprehensive Plan. 1111e believe this list can be a useful tool for the renegotiation process, and provide direction to the City on what information the County requires for review of their request. Prnracc ~cc~ iac Renegotiation involves ~1 }adoption by ordinance of the map identifying the area of city impact, and ~2} adoption by separate ordinance providing for the application of plans and ordinances for the area of city impact. Staff does not have enough information to address these issues. Outstanding issues are noted in bold. 1. C ante to t ,e_map_~_ enti ,_ing t e area_o city_impact A. Idaho Code Requirements Idaho Code, Section b7-b5zG~b} requires the following factors to be considered in defining an area of city impact: ~1}trade area, ~,~} geographic factors; and ~3} areas that can reasonably be expected to be annexed to the city in the future. Section b7-652b~e} requires that "the governing boards shall submit the questions to the planning, zoning, or planning and zoning commission for recommendation. Each commission shall have a reasonable time fixed by the governing board to make its recommendations tothe governing board." 1. Trade area is the expanded area of city impact within the trade area of Meridian? City of Meridian 1113197 Page 2 2. Geographic factors What geographic factors support the request for expanding the area of city impact? 3. Areas that can reasonably be expected to be annexed to the city in the future When can the expanded area be expected #o be annexed by the City of Meridian? B. Ada County Comprehensive Plan Policies The 1996 Ada County Comprehensive Plan contains Goal 5.10 on Areas of City Impact and related policies. The basis for negotiating Area of City impact boundaries is the ability to provide urban services to the area. Policy 5.10-7 specifically states that the "availability and ultimate carrying capacity of urban services shall be essential criteria in the review and approval of new development. The availability and ultimate carrying capacity of said services will be jointly determined by Ada County and the appropriate local special purpose districts, if any. Technical assurances that urban services will be provided within ten years shall be submitted to Ada County prior to approval of new Areas of City Impact." Policy 5.10-5 defines "urban services" as central water, municipal or central wastewater collection and treatment system, public safety services, such as urban fire protection, law enforcement and emergency medical services; schools, urban standard streets and roads, parks and recreation facilities, public transportation, libraries, storm drainage facilities, utility facilities, and urban irrigation systems. The City of Meridian uses a similar definition. The Meridian Camprehensive Plan X1993 Draft Update Plan} describes their urban service planning area as "the area where municipal services and utilities are available or planned for in the Camprehensive Plan. Urban Services shall include, but not be limited to, the following where applicable: a} Municipal central sewer and water facilities, b} Pedestrian walkways and bicycle paths, c7 open space, parks and recreation lands, d7 Police and Fire protection, e} Public Transportation, f} Public and Private Schools, g} i,ibraries, h} Drainage Facilities, l} Urban-standard streets and roadways, and j}Solid Waste Services." For Ada County to determine whether this request complies with the Ada County Comprehensive Plan, the following questions must be answered. Central Water When can municipal water be provided to the area of city impact? How will the service expansion be programmed by the City of Meridian? Munic~al or central wastewater collection and treatment system When can municipal sewer service be provided to the area of city impact? How will the service expansion be programmed by the City of Meridian? City of Meridian ~ 11319 7 Page 3 Public safe services such as urban fire rotection law enforcement and emer en medical services How will fire protection be provided to the expanded area of city impact? How will the service expansion be programmed by the City of Meridian? How wil[ police protection be provided to the expanded area of city impact? How will the service expansion be programmed by the City of Meridian? How will emergency medical services be provided to the expanded area of city impact? ~rhnnlc 'Will there be adequate school facilities for the population expected in the expanded area of city impact? Urban standard streets and roads will urban standard streets and roads serve the expanded area of city impact? Parks and recreation facilities When will park acquisition occur to serve the expanded area of city impact? How will the expansion of the park system be programmed by the City of Meridian? Public transportation 'What public transportation service andlor facilities will serve the expanded area of city impact? Libraries What library services will be provided to serve the expanded area of city impact? Storm drai na e foci I ities How will the expansion of storm drainage facilities be provided to serve the expanded area of city impact? Utili facilities will any necessary expansions to utility facilities be completed to serve the expanded area of city impact within ~ o years? Urban irri ation s stems Are urban irrigation systems proposed within the expanded area of city impact? City of Meridian 111319 7 Page 4 Z. Ado Lion b se orate ordinance rovidin for the a lication of Tans and ordinances for the area of city i mpact Title 9, Chapter 4 of the Ada County Code contains the area of city impact policies agreed to by the County and the City of Meridian regarding annexations; the applicable plan policies and ordinances; the coordination of plan amendments, ordinance amendments, and zoning applications; and renegotiation. A separate referral agreement between Ada County and the City of Meridian was adopted by the Board of Ada County Commissioners on February 4,1991. This agreements describes the process by which Ada County and Meridian will coordinate their planning and land development reviews with in the area of city i mpact. Staff has identified a need to promote consistency among the referral agreements with the cities, and would request the Board consider the current renegotiation process as an opportunity to amend the referral agreement with Meridian for this purpose. PAN:pan I( F ~.... 1' Y CO.I °"*** "y, ADA COUNTY i ~ r DEVELOPMENT SERVICES `~~9~ 650 Main, Boise, Idaho 83702 F ~ BUILDING DIVISION -Phone: (208) 364-2277 PLANNING & ZONING = Phone~08) 364-22%7 MEMORANDUM January I4, I997 T4: Board of Ada County Commissioners FRAM: Patricia Nilsson, Planner III RE: Meridian Area of City Impact Renegotiation Back~raund 0n December I6, the Board met with Mayor Robert Corrie and members of the Meridian City Council regarding the City's request to renegotiate the area of city impact. At that meeting, the Meridian representatives and the Board agreed that the northern area of their requested area of impact be determined by the drainage to the City of Boise sewer system. The Board agreed to meet with the Meridian off cials on January 14 to further discuss the area of city impact renegotiation request. The Boise City Public Works Department, as described in a copy of their memo attached, states that it can serve the Kevin Howell property and the Skyline Development to its north by gravity sewer. Staff has prepared a map for the Board's review delineating this area relative to the requested Meridian area of city impact. PAN:pan Attachment cc: Mayor Corrie Jeff Patlovich Doren Fluke ,~~~~--'~~--1 ~ ~ 1, ~ ~ ~~ ~y ~. "BUBBLE .ENG I.f~EER I ~G .. f '.~ ~tic,..~.. 1~ ~ .. -. f ~ , CITY aF B(7ISE ~~~~~ q~,~ ~~,, i ~ ~~y~ / ~~'~. ~ ~~~; 1~~~~:~nt~c~ ~~ ~~ ~~~~~V~~ '~.'o; ~r~~n.: ~u~~~~: Mayor Coles and Members of the Boise City Council ~ JAN 0 81997 John Tensen, AssiSt~tnt City Engineer '}gyp V p~yE p~p~~ s~RV1C~ zo-lo-96~vnv xowEL~ C~NS~uCTION This memorandum is writtan .tv ~ro~id~ ~dditianai infvrm~tion regarding sewer st~ric~ to ~e 81,5 a~ro site requGSted for ir~Clt~$ipn ~n ~tha ~v~se City Aarea of Impact. A~ requCSte~. by the ~vunn~l, our Staff, along wig the ~~~elap~x'~ Er~lr# Hubbla Enginecrin,~~ ~G, hay pe~~farine~ a brlaf se~crcr study to ~valuata ~awar ~tt.~ritt tp the sift, In summary, we beiitvp tha existing plpel wli~ havc the ~lpacity to ~ecom~~~o~at~: thc~ additlon~ Sl,~ aCrt ~it~, This pi~elint wltl also have capacity to serve thy; ?~ a~~ ~~~lin~~ l~e~r~lapr~ent ~?te t~ t~,t ~narth. As with the ~kylir~e l~e~reiopmertt s~t~, Vd~ ~~~licv~ t~:at sr~r~~ ~i~iin~ of ~e sift ~ ba n~sary in ardcr ~ $chieve proffer gravity sewcr s~rvic~, l~~~nd~f~ #~n ~.~~ ~~ti~~ of ~~ ~~~•e~o ~n~nt ~~ gut w~ ~~~ll~~e thd~ ~~ ~I~~n~r wi:~ ~~ ~~t~~ti.~~~ ~~~~~ p ~ r ~ ~~ w~~~iy po~t~~n o~ tine ~~~e w~l r~quue Born ~ ~ ~ f~ a~ X11 li~ ~~~~ ~~~ ~f ~h.~ ~i~~+ I wi11 b~ zn ~ttend~nce aL the January 7, 1947 City Council meetutg to answer any qu~stioi~s you may have. Should you have questions before the meeting, please feel free to call me at ~8~;- 3908. 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