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1996 04-02
• MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 2, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD MARCH 8, 1996: (APPROVED) MINUTES OF PREVIOUS MEETING HELD MARCH 19, 1996: (APPROVED) TABLED MARCH 19, 1996: DEVELOPMENT AGREEMENT AND CC&R'S FOR SALMON RAPIDS SUBDIVISION BY MARTY GOLDSMITH: (APPROVE SUBJECT TO CITY ATTORNEY AND DEVELOPER RESOLUTION) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE LEADER: (REJECT FF/CL; CITY ATTORNEY TO PREPARE NEW FF/CL) 3. PRELIMINARY PLAT FOR DOVE MEADOWS NO. SUBDIVISION BY DAVE LEADER; TABLED MARCH 5, 1996: (TABLED UNTIL APRIL 16, 1996) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORP. (TABLED UNTIL MAY 7, 1996) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.S BY STEINER DEVELOPMENT: (APPROVE FF/CL; APPROVE DECISION) 6. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.5 BY STEINER DEVELOPMENT: (TABLED UNTIL APRIL 16, 1996) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS NO.2 BY BRIGHTON CORP.: (TABLED UNTIL APRIL 16, 1996) 8. PRELIMINARY PLAT FOR ASHFORD GREENS NO.2 BY BRIGHTON CORP.: (TABLED UNTIL APRIL 16, 1996) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE TO C-N BY SMITH'S FOOD AND DRUG CENTER INC.: (APPROVE FF/CL; APPROVE DECISION; CITY ATTORNEY TO PREPARE ORDINANCE) 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: (APPROVE FF/CL; APPROVE DECISION) 11. ORDINANCE #727 - STEINER DEVELOPMENT ANNEXATION/.48 ACRES: (APPROVED) 12. ORDINANCE #728 - KENT ~ MARY BARNEY ANNEXATION: (APPROVED) 13. PUBLIC HEARING: REQUEST FOR TRANSFER OF A CONDITIONAL USE PERMIT TO CANDACE ADKINS BY INCHWORM DAY CARE: (APPROVE TRANSFER WITH CONDITIONS) 14. NON-DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 3: (APPROVE) 15. SANITARY SERVICES, MOE ALIDJANI: DISCUSSION ON PRESENT CONTACT: (UPDATE PRESENTATION ON APRIL 16, 1996) 16. MARTY HILL, CHAIRMAN OF RURAL FIRE COMMISSION: 17. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 18. APPROVE BILLS: (APPROVED) 19. DEPARTMENT REPORTS: A. WAYNE CROOKSTON, CITY ATTORNEY: 1. DISCUSSION OF WATER METER FEES: (PREPARE ORDINANCE) B. GARY SMITH, CITY ENGINEER: 1. CONSULTING ENGINEER AGREEMENT -PUMP & PUMPHOUSE PLANS & SPECIFICATIONS -WELL n0. 17 & 18: (APPROVED) ~ • MERIDIAN CITY COUNCIL APRIL 2, 1996 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Ron Tolsma, Glenn Bentley, Charles Rountree: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Dave Bowman, Doug Campbell, Bryan Goold, Robert Templeton, Mark Freeman, Moe Alidjani, Ryan Jenson, James Jenson, Sharon Litzbauer, Elizabeth Boone, Dan Bachini, Brian McColl, Mike W.: MINUTES OF SPECIAL MEETING HELD MARCH 8, 1996: Corrie: Any corrections or additions? Entertain a motion for acceptance. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we accept the minutes of the special meeting held March 8, 1996, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1996: Corrie: Any corrections or additions? Entertain a motion for acceptance Rountree: So moved Tolsma: Second Corrie: Motion by Mr. Rountree, second by Mr. Tolsma that we accept the minutes of the previous meeting held March 19, 1996, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED MARCH 19, 1996: DEVELOPMENT AGREEMENT AND CC&R'S FOR SALMON RAPIDS SUBDIVISION BY MARTY GOLDSMITH: Corrie: Mr. Crookston have you reviewed those? Crookston: As I indicated this morning I had not and I was going to get to them but I did not I was trying to get some findings done. I have not review them. Meridian City Council April 2, 1996 Page 2 Morrow: Mr. Mayor, I have a question, has there been any substantial change in those findings since we last met? Crookston: Not that I am aware of. Morrow: Shari you had some concerns, is there anything addressed in the development agreement since we last met? Stiles: Councilman Morrow, Mayor and Council, perhaps if Mr: McColl could address the Council, our main issue is the monitoring of the well is that correct? As far as I understand that is the issue that hasn't been cleared up in the development agreement. Corrie: Other issues Mr. Crookston? Crookston: Not that I am aware of, I think that is the primary issue. Corrie: Would the Council like to hear comments from Mr. McColl? McColl: Mr. Mayor and Council I appreciate the opportunity to address you on this issue. The development agreement was prepared by your staff and put on this Council's agenda the first time back in December. It was heard before the Council for two December meetings, two or three January meetings, 2 February Meetings. In each case the development agreement, although prepared by your staff and agreed by the developer was perfunctorily tabled because of this issue not in the development agreement but in the findings of fact with respect to the monitoring of a well on this phase. We finally worked through that and the City Attorney was instructed to prepare amended findings of fact. They were I suspect prepare them to the Council's agreement. Those amended findings of fact were ultimately passed on February 6 with the well monitoring language in there, it is fairly extensive and it goes on for the better part of 3/4 of a page. When the findings of fact were acceptable to the Council they were passed that the annexation ordinance was passed and to be quite frank with you I am not sure why the development agreement wasn't then also perfunctorily passed because it basically says in there it incorporates all of the findings of fact and conclusions of law. I then stopped coming to these meetings and I don't know why it has continued to be tabled. But from a practical point of view the findings well address that well monitoring issue and I think that is behind us. So I would ask the Council at this time to pass on the development agreement in the sense it has been prepared by you folks it is acceptable to both parties and the well monitoring issue has been. addressed. Similarly with respect to the CC&R's they have been just kind of tabled as a routine course until we got this land annexed and the findings of facts. I think that is kind of where we stand. Meridian City Council April 2, 1996 Page 3 Crookston: Mr. Mayor, as I recall the well monitoring we had a letter from the Department of Resources that indicated that the well monitoring was not something that they do or would do that the question why the City was concerned with it and in the findings it is addressed that the City does have concern over it. To my knowledge there was (inaudible) specific agreement es to how that well monitoring was going to be done I think that is the problem how it is to be done. McColl: Counsel, I would agree with you that there was no particular agreement rather what there was was a solution crafted by the Council quite frankly without the input of the developer imposed upon the developer. We are prepared to live with it, findings of fact basically set forth a very precise well monitoring system. In particular it sets forth the developer shall monitor bi-weekly commencing April, May, June, July and August forever, not only his well but the wells neighboring wells would not permit him to do so, he must come up with these affidavits and so you are quite right that there was never any agreement but that language drafted by you folks presumably met your concerns and this land now is encumbered with that restriction. So I am not sure what else we can do. We acknowledge that these findings have been passed and that they are now encumbering this property and we just need to move forward and get this development agreement, quite frankly it is not that pressing, but it has been on the agenda forever rather than having it tabled again and again I want to address this issue. Corrie: Any further comments Counselor? Crookston: No Corrie: Council, any further comments for the attorney? Morrow: Question, Mr. Crookston, the issue here is not really what Mr. McColl or Mr. Goldsmith have done or not done, the issue here is that we have not, we are not happy with the language in the development agreement and it us that needs to be correcting that language? Crookston: I think that the language is fine, it is a question as to how the monitoring is physically done, who is going to do it, is the City, if Mr. Goldsmith does not do it and the Department of Water Resources is not willing to do it are we going to have our City Engineer or people on his staff go do it? That is the type of question that we have. Morrow: I think part of the issue there is that again Mr. Goldsmith's involvement in this is a very short term period of time in the life of the subdivision. It seems to me that we keep personalizing him here and it should be the homeowners association's responsibility and that is the how the language ought to read in terms of them. performing an acceptable Meridian City Council April 2, 1996 Page 4 monitoring method. Then given those results to the City or the City Engineer so that the determination can be made that we are not endangering the neighboring wells. McColl: Councilman Morrow that language is in the findings that you eventually adopted. Those are the same questions that you had before and then you came up with that language. Crookston: I think that is right. Morrow: So my question is how does that impact the development agreement? Crookston: It would need to be changed to state that the homeowners association has to do it. Morrow: And we have a trail of where the results are to go? Crookston: Yes to the City (inaudible) Morrow: I have no further questions. Crookston: I think the concern then even with the homeowners doing it is what if they do not do it what happens. Morrow: We have no provision to cover that eventuality in either documents? Crookston: No we don't. Rountree: I think that is something that water resources pointed out as well that we really have no jurisdiction and (inaudible) Crookston: I believe that we have jurisdiction to require that type of thing being done, the Department of Water Resources may be absolutely correct that the City has no jurisdiction to state how the water is to be used, what the property owner whether it be a lot owner or Mr. Goldsmith as to how the water is going to be used. I don't know that means that we don't have the right to the information. McColl: You have imposed the right to find out about that in the findings, the findings specifically say that we will report on this monitoring not only to Department of Water Resources but to the City. This issue has been addressed and I thought solved and to have it now come up again probably suggests that we didn't get it solved the first time. But all those specifics are already in the findings of fact and conclusions of law. I could read • • Meridian City Council April 2, 1996 Page 5 it to you Counselor they are only 3/4 of a page. I deal with Morrow: So let me ask you this then, is the issue in your mind that the terminology or phraseology that is in the findings of fact needs to be transferred to the development agreement? Crookston: That would be true but we still need to establish what the penalties are or would be if it is not complied with. Morrow: If the monitoring is not done, (inaudible) obviously affects the neighbors wells. The penalty is that they shut the well off. Crookston: Then what happens to the lawns that are being watered by them. I think we talked about a cross connection to the City water source or a cross connection to Nampa Meridian surface water. McColl: This subdivision already is going to use exclusively surface water, it has nothing to do with this well, we have been over that as well. Holding up this only holds up the development of the additional surface well. Right now we have this one source and that is the well. The other water rights associated with this property come out of the ditch when this stage of the subdivision is brought on line it will be adding to the pressurized irrigation water source. That is one of the things I have always maintained is kind of ironic about this that there will continue to be additional pressure on the well until we get that surface there., As soon as we get the surface water there there shouldn't be a problem assuming it is a problem now which I don't think it is. Crookston: I think that we had that problem not necessarily in Salmon Rapids but we have it in Los Alamitos because as I understood it there is not the surface water available for Salmon Rapids that there is available, excuse me that there is not the available in Los Alamitos that there is available in Salmon Rapids. McColl: To the contrary the surface water comes from Los Alamitos. When it is developed out of the Hunter's lateral it will be interconnected, it will be I guess what you call a closed system, in other words the pressurized irrigation pipes that run from all three phases of both subdivisions will all be interconnected. Right now the only source is this well that actually isn't going to provide water to phase 3 Salmon Rapids it is only providing water to phase 1 Salmon Rapids, Phase 1 Los Alamitos and 37 lots of phase 2. As soon as we bring the additional phases on line and this is the part of the process getting the plats approved, getting the development agreements approved the surface water will be part of the construction and should there for (inaudible) the City Engineer has already determined that there is enough water out of this well to provide water for 119 lots, all that we have • Meridian City Council April 2, 1996 Page 6 brought on line so far. This area gentlemen has been covered and recovered. We would be happy to have the development agreement specifically state that the findings of fact that you all have struggled over with respect to well monitoring be incorporated as part of the development agreement. I am not sure that it will make legally any difference, we have already got that language in there. It is quite precise in terms of how we monitor, what the obligations are to whom we report, individual welts, individual properties around, I think that there are only three have got their water right laws should their wells dry up, there has been no suggestion that their wells have so far been challenged or will be in the future. If they are in the future quite frankly I can't imagine how you could determine it was a result of this particular well. This is a nest egg that I don't think we need to get into any more detail. We have really put a lot of effort into it and we have that language already, we just want to get this thing addressed. If there is anything that the developer can do on the issue we would be happy to do it. I don't know what we can do. Morrow: Mr. Mayor I have a question for Gary Smith, Gary, in terms of the integrating of the well water and the surface water there are adequate precautions that the two are not intermixed, you are satisfied that all of these systems are basically from a technical standpoint okay, is that correct? Smith: Councilman Morrow I don't recall what the details are on the pump station, I just a made a note to myself to look into it tomorrow. It has been so long ago since we looked at I don't recall. There has to be safeguards between the two, we can't, this well that he is using is of sufficient depth that we can't be risking a contamination from surface water into the well. Morrow: Mr. Mayor, I am sorry go ahead Mr. Rountree. Rountree: I have a question about the CC&R's, and the status of the review of those, they are also part of this. Crookston: They are basically the same CC&R's that they have used before and have ben approved. Morrow: As a point of discussion, I think that I am prepared to move forward with this by delegating the resolution of these details to the City Attorney Crookston and Mr. McColl. Should they not be able to resolve these issues that Wayne is concerned about then have the item brought back before us in the public arena and we will discuss it at further length. It seems to me that we are hung up on some technicalities that we ought to be delegating to our staff. I would like to hear your opinions. Rountree: I agree Meridian City Council April 2, 1996 Page 7 LJ Currie: Can we make a motion on that? There are two issues now, the development agreement and the CC&R's. Morrow: I am prepared to deal with both, my motion would be that we instruct City Attorney Crookston to meet with Mr. Goldsmith and his representative Mr. McColl to iron out the details of the development agreement and the CC&R's for Salmon Rapids Subdivision and that we approve both the CC&R's and the development agreement contingent upon the resolution of those details. Rountree: Second Currie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: Currie: Council you have those findings of fact and conclusions of law in front of you, Morrow: Mr. Mayor, having read the findings of fact and conclusions as prepared I am going to offer up some. items for discussion. I disagree with the findings of fact and conclusions and will not be willing to support them in their current form. Under findings #1, page four, if there are such special circumstances or conditions affecting the property that the strict application of the provisions of this ordinance would clearly be impractical or unreasonable. I think the issue here is that this certainly does apply with respect to this plat Mr. Leader is asking for on this particular block something like 9 lots two of which have less frontage but more square footage than the typical R-8 lot. That is defined by essentially three stub streets which makes it extremely difficult that the footage as required by the ordinance (inaudible) one of those I .believe is lacking 15 feet, one is lacking something like 11 feet. It seems to me that the solution of that on that particular curve if both are (inaudible) 65 feet now we are talking about extraordinarily large lots that are totally out of conformance to the rest of the subdivision. The findings of fact and conclusions as written indicate that this variance should be denied because there are no extraordinary circumstances and I would suggest to you that common sense ought to prevail here that in a subdivision that is R-8 with essentially the lots of this square footage to require an additional frontage that would make lots fully a third larger than the remainder of the lots in the already approved phases of the subdivision already developed it doesn't seem to me to make very good sense. So I would like to offer that to the Council as maybe we ought to take a second look at this if they so wish. Meridian City Council April 2, 1996 Page 8 Rountree: Is that you opinion (inaudible) is to make bigger lots? Morrow: Really it is because you are already limited in terms of stub streets that exist, you are limited in terms of the perimeter, exterior perimeter. You have a phase here that is essentially nine lots. So for single family houses that have been approved in an R-8 district as you took at all of the other lots, the configuration there would be way out of proportion to the other lots. I don't see where they have a lot of choice in terms of trying to meet that frontage requirement on an inside curve. Crookston: Mr. Mayor; the reason that the findings are prepared for the denial is because what was presented at the hearing and to which the Council can (inaudible) the requirements of the variance ordinance aren't met. What you are saying Mr. Morrow is the lots are larger than the R-8 requirement but they (inaudible) so let's give them a variance. It is not in the ordinance that (inaudible) grant a variance. Morrow: As I read the findings of fact though there are basically four items that the findings talk about with respect to the ordinance and the variance is that correct? Crookston: Yes Morrow: Granted there is not an unusual topography or physical or other conditions that are not self inflicted. But the issue is that by virtue of what is already there with respect to the streets and the stub streets it does create some of those conditions. Crookston: The applicant was the developer of Dove Meadows No. 1, so anything that he has done is of his own infliction. If you are using how the plat lays out in the ordinance requirements (inaudible) support the variance not the (inaudible) self inflicted. Morrow: That would be true but some stub streets that are adjacent properties were required by ACHD and not necessarily of the developers choice. Crookston: That is certainly true. (Inaudible) there is a lot of property to the north that could be used and if the entire property had been platted I don't think that this would be a problem. (Inaudible) Stiles: Mr. Mayor and Council, I would tend to agree with Councilman Morrow, these are the largest lots in the subdivision, if the variance is denied what their likely solution would be is to come in with a culdesac similar to the little bulbs that are shown on the northwest comer and the Southwest corner of the plat. T hose are clearly less than 65 foot frontage but because of the configuration of that little bulb in there or knuckle or whatever you call it those are permitted frontages. I would see that probably their solution would be to come Meridian City Council April 2, 1996 Page 9 in with a similar configuration on those lots that will give a little more roadway but will essentially decrease the size of lots. Rountree: I have a question for Mr. Smith, Gary has (inaudible) been involved? Smith: I believe so, I think that was part of the number one subdivision. Corrie: That is part of phase one. Smith: I believe that the East Apricot Drive Stub and the Grapewood Drive Stub are existing in that configuration. Rountree: And that cross connection has been made? Smith: Gingko yes, I don't remember there being anon-development agreement on that subdivision, it has been so long since I have been out there I can't say for certain. I think it has been because the public testimony, one of the gentleman that testified lived on the corner of Gingko and either Apricot or Grapewood, he lived on one of those corner lots, lot 1 or lot 2. Did everyone understand Shari's suggestion on that eyebrow or knuckle situation? It would almost be a direct transposition of what is existing at Meadowglen Avenue and East Grapewood, very similar configuration. We talked before about the requirements on the frontages for these lots on a culdesac radius curve as opposed to a sweeping curve. So that is how the development community side steps the 65 foot frontage on a sweeping curve or an 80 foot frontage if it is an R-4 frontage by installing a knuckle. It effectively puts them into a culdesac status in accordance with the ordinance. It causes them to increase some pavement area and causes some increase in curb and gutter and sidewalk length. I think it does conform to what the ordinance requires. Rountree: If I understand Shari correctly that would not be a preference. Smith: You have one on the corner of East Grapewood and Meadowglen, you have one, it is more of a 90 degree corner at East Clarine and Meadowglenn. It, where you have a decreased frontage like that as Shari mentions to me it does increase your availability of parking, on street parking, gets that parking off of the normal travel way of the street. So that is a positive. Rountree: Without doing the engineering would it be your best judgement that could be done and still maintain the lot size and the additional frontage that was required? Smith: 6500 square feet on lot 3 and 4 with an eyebrow, yes, it is, take a look at lot 20 in phase 2 right there on East Grapewood, that is a 6500 square foot lot and that is the Meridian City Council April 2, 1996 Page 10 ~~ L minimum size just in relationship of the size of those two lots. If you can envis-ion or draw with a pencil a little eyebrow you are not going to reduce the lot that significantly. I think you would easily have 6500 square feet remaining with an eyebrow. With an eyebrow then it conforms to the culdesac frontage which is 40 feet, 40 foot chord. So with the 54, they would change the lot line location between the two lots nor would they change the side lot line on (inaudible) lot 3 or lot 4 they would just simply change the frontage configuration lot line and make it a 54 foot radius along the front of those two lots with a couple of 20 foot return radiuses to get them back to tangent on the street. Maybe, I am not sure whether it is going to overlap, it can't overlap into lot 2 because that is already platted. So they may have to shift it a little bit to the north to lot 5 but I don't think it would be of any significance. Tolsma: If that eyebrow was put in then the need for a variance is then moot, there is no need for a variance. Smith: That is correct, but since they have gone through the process and the findings have been drawn you could I guess you could still adopt the findings as presented but they would just simply have to come back and do what we have been talking about doing and I guess that would be the end of the situation, it would be, if that is your desire, there is an alternative forum and it doesn't appear to be a great economic hardship, it is going to cost them a few square feet of pavement and some additional length in curb and gutter and sidewalk unless we are overlooking something just sitting here and talking about it. I think that is all. Rountree: Do you find that objectionable? Morrow: Well it seems to me that we are doing an eyebrow and the ultimate cost is really grass and landscaping to the original lot. We would be looking at any eyebrow for the sake of getting around the variance requirement. I don't see any other reason there, I don't see how the public benefits from having the eyebrow it certainly doesn't make traffic any better, it is on a sweeping curve now, the lots are of sufficient depth there is room for plenty of off street parking, it just seems to me like the dirt ought to stay in the lots as opposed to asphalt. Tolsma: (Inaudible) Morrow: Where are you looking Ron? Tolsma: On the (inaudible) East Grapewood (inaudible) Morrow: Well that is for the 90 degree turn that is not a sweeping turn. Meridian City Council April 2, 1996 Page 11 Tolsma: It is not a 90 degree it is only 45 degrees. Morrow: Are you talking about this one? Smith: The bottom Morrow: It is a 45 degree turn okay fine. Tolsma: And roughly has the same tum on the other street there. (Inaudible) but the other one they are leaving out and that is (inaudible) Morrow: Do you know that if it is on the sweep, the dimension of Lot 22 might be somewhat less than the or the 45 feet or I'm sorry 50 feet, somewhat less than the 50 feet, that would make it even smaller than the ones that we have here. Tolsma: (Inaudible) sanitary easement through there also. Rountree: I have a question for Counsel, what is the precedent with the Council's position previously on these? Crookston: Well generally they look to it to see if it is going to be workable and look to the ordinances to see if the variance is going to do harm to those ordinances meaning having the developer meet the requirements of the development meant ultimately it is a question whether or not the developer is asking to have the variance granted for things which the developer has been in control of. The variance is really (inaudible) certain size lot and it meets all of the requirements but you can't get the roadway in just because your roadway or other thing let's say you have some type of sewer line or something like that and just because rock that is there that would be a substantial hardship to be blasted out and (inaudible) that is a topographical problem and that is what our variances are for so you can address those problems. The testimony before the Council for this basically was well I can't do it because of where Avest has placed his property and where the subdivision lines are. But the subdivision lines are all placed by him. In my mind sometimes it is looked too much of a question of or an issue of fact rather than an issue of law. If you have facts that warrant the variance being granted because of the physical problems with the land then a variance is warranted. But if you don't then you are just saying well the lot will look just as good but it won't meet the requirements so we will go ahead and do it and get the variance. Morrow: Mr. Rountree, to partially answer your question, on page 6, item 12 it says the City in the past has granted similar variances requested by the applicant and also have denied such variances. Each application must stand on its own merit and the granting of • Meridian City Council April 2, 1996 Page 12 one variance is not a precedent for granting others. So that would indicate we have (inaudible). Crookston: I will say this, it is the Council's decision. Tolsma: I tend to agree with Walt down there in one sense that it should be grass rather than asphalt and concrete. The only discrepancy is the eyebrow, the eyebrow is going to really it will make it meet the variance or meet the ordinance but it is really not going to do anything to raise (inaudible) street frontage to make that much difference. Corrie: Are you prepared to make a ruling on the findings of fact and conclusions of law? Morrow: I move that we reject the findings of fact and conclusions of law as written Tolsma: Second Corrie: Moved by Mr. Morrow, second by Mr. Tolsma that we reject the findings of fact and conclusions of law as written, any further discussion? Rountree: I guess I would say that it seems to me that the way these are written it could go either way based on how you wanted to make the decision. The findings of fact could stand on themselves (inaudible) denied or accepted based on the way it is worded; the way I read it. Crookston: That is pretty much true. Morrow: How would you handle item 11 on page 6 where it says it is specifically concluded the application for variance should not be granted because the applicant could design the subdivision so that each lot and particularly these two lots and (inaudible). Rountree: Just simply amend that one item or delete it. Morrow: Or the easy way might be to not adopt these and just instruct for new findings to be written. If there is any other language within these findings of fact it would need to be amended or deleted. Corrie: That is probably the easiest way and also the safest way. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree ,Nay, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay Meridian City Council April 2, 1996 Page 13 Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare new findings of fact and conclusions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that new findings of fact and conclusions of law be drawn up by the City Attorney, any further discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea ITEM #3: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER; TABLED MARCH 5, 1996: Corrie: So we can table that one until the new findings of fact and conclusions of law. Tolsma: So moved Bentley: Second Corrie: Moved by Mr. Tolsma, second by Mr. Bentley that we table the plat for Dove Meadows No. 2 Subdivision until the next meeting which will be April (End of Tape) ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Council I believe, Counselor is this the one we were discussing? Okay, you have the findings of fact and conclusions for the variance request which is a variance for a variance. Morrow: Correction on page 6, item 8, it is a typo that says John Turnbull it should say David. I have a ques#ion on page 13, item 12, we had talked about the information coming from Nampa Meridian apparently it hasn't come, is that correct Gary? The Nampa Meridian new design for cover ditches with gravel and fencing, we don't have any confirmation from Nampa Meridian on any of that information is that correct? Smith: I haven't seen anything. Morrow: Essentially what these findings of fact do is that they decide not to decide due to the lack of information. Meridian City Council April 2, 1996 Page 14 Corrie: That is correct. Morrow: I would like to ask the counselor, he has indicated in item 18 page 15 that it is concluded that this should be tabled until the blank day of, month of 19 whatever. Crookston: That is for the Council to decide that is why it is left blank. The concern was that the information that was provided (inaudible) but also the information that the City has and also the concern of the applicant has been addressed by other developers about the necessity for the the of the ditches (inaudible) did not have information from Nampa Meridian as to what they require when a ditch is tiled because the applicant stated that he had been in Bedford Place even though the ditch was tiled he was required to fence the easement and to gravel the easement where the pipe had been laid. The question then becomes is it (inaudible) which clearly indicates that Bedford. Place (inaudible) improved aesthetically (inaudible) Fothergill is more difficult to make an irrigation lateral more aesthetically pleasing than it is a drain ditch I believe but I think we need some information on that and what it brings to the City is to reevaluate whether or not you want the ditches piped and need to go to Nampa Meridian to get some direct information from them as to what happens when the ditch is tiled. Morrow: Mr. Mayor, if there is no further discussion I am prepared to move that we table these until May 7th, that will give us 30 days to try and get sgme of these answers given the developers indication by his letter dated the 29th of March that should cause no undue burden to him and in the mean time it will enable both of us to do our research and resolve the problem. So I would move we table until Tuesday May 7th. Tolsma: Second Corrie: Okay, motion is made to table the variance until May 7th and second by Mr. Tolsma, atl those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I would then move that we adopt the findings of fact and conclusions of law as prepared for us. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we adopt the findings of fact and conclusions of law, any further discussion? Councilman Morrow Crookston: Excuse me Mr. Mayor, I would like to address the issue that (inaudible) when C~ Meridian City Council April 2, 1996 Page 15 we get the information that we are desirous of. Cowie: We can do that at that time. I will continue the vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor the decision would be that it is decided pursuant to the above stated findings of fact and conclusions of law that this application for a variance from 11-9-605N of the revised and compiled ordinances of the City of Meridian is hereby tabled until the 7th day of May, 1996. Rountree: Second Cowie: Motion is made and seconded on the decision, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAV1I FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER DEVELOPMENT: Cowie: Council you have the findings of fact and conclusions of law in front of you, any discussion at this point? Morrow: On page 9, item 4, I believe the number 5 should be inserted in, 40 foot right of way, five foot sidewalks on one side. On age 20, item 2, last sentence, it says totally reconstruct them in 20 parentheses, it should say 20 years not 30. Same issue on page 24, item 11, last three words, them in 20 parentheses it should be 20 years not 30. The last comment i have is with respect to under conclusions on page 23, item 6, it says constructing and placing the recreation club house and all amenities thereto including the swimming pool. On page 13, in the testimony, I am sorry page 16 in the testimony it was indicated that the club house, for the club house the structure would be built immediately upfront with the subdivision improvements and so I think that ought to be reflected in line 6, that the construction time is as advertised or as presented to us by Mr. Bradbury and Mr. Campbell that it would be done up front. Rountree: I would make the same comment for item 7 as well. Morrow: That would be correct. Meridian City Council April 2, 1996 Page 16 Corrie: Anything further? Rountree: 1 have an addition on page 20, item 6 it indicates front setback of only 15 rather than 20 are allowed, I believe it was only on those lots indicated on the submittal in the booklet. This would not indicate (inaudible) That same thing should be applicable to item 18, number 6, on page 15. On page 5, about halfway down the page, third paragraph, Commissioner Oslund may have said this but I don't think he did, needed to be some instead of dome, kind of a special treatment. Smith: Mr. Mayor, I would like to get a point of clarification on the right of way width for the streets. The preliminary plat that has been submitted shows a 42 foot wide right of way, five foot sidewalk needs to be on one side and 28 feet of pavement is I believe what we agreed on, curb and gutter on each side. Corrie: They are going to correct that with the new plat Gary. Smith: Right, but should that be reflected in the findings? Crookston: Yes Morrow: We are switching to 42 instead of 40 as per the plat is that what you are saying? Smith: That is what the preliminary plat shows, yes sir. Corrie: So it will be a 42 foot right of way. Morrow: Everywhere in the findings it should say 42 now instead of 40 such as page 7, proposed private streets proposed to have 40 foot of right of way. Corrie: Should be 42, any other corrections Gary? Smith: No sir not in the findings. Morrow: I have a quick question for Gary, with the 42 foot right of way does that change anything else in terms of size of sidewalk, curb and gutter or asphalt section? Smith: I think Councilman Morrow we are still talking about 28 feet of pavement to put curb and gutter on each side and a 5 foot sidewalk on one side. Morrow: And the remainder is just right of way. • Meridian City Council April 2, 1996 Page 17 Smith: The remainder I assume will be a landscaped area or grass or whatever. This street section if it is centered in the 42 foot right of way, it will put the back of the sidewalk right on the right of way line, the street section could be off centered so that there could be a small space adjacent to the bads of sidewalk between the back sidewalk and property line, but nevertheless if it is centered it will fit. Corrie: Any other corrections? I will entertain a motion on the findings of fact and conclusions of law as corrected. Morrow: Mr. Mayor I would move we adopt and approve these findings of fact and conclusions of law as amended. Rountree: Second Corrie: Motion made by Mr. Morrow,.second by Mr. Rountree that we approve the findings of fact and conclusions of law as amended, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that the City Council hereby decides that this application for a conditional use permit is approved under the conditions stated above as amended and these findings of fact and conclusions of law. And the conditional use approval is subject to all City ordinances specifically including but not limited to 11-9-607 design review, plat approval under the procedures of the subdivision and development ordinance and if all requirements or representations made are not met this approval shall be subject to cancellation and the property subject to de-annexation. Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree on the decision, all those in #avor? Opposed? MOTION CARRIED: All Yea ITEM #6: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER DEVELOPMENT: Corrie: The developer here would like to say something. Meridian City Council April 2, 1996 Page 18 Bradbury: Mr. Mayor and members of the Council, the preliminary plat that you have before you was delivered to the City a little bit later than we what we had hoped we would be able to accomplish when we were here two weeks ago. It is my understanding although I have not had an opportunity to meet with him that the City Engineer has reviewed the plat and has some concerns with respect to some of the features of the plat. What we would like to ask you to do is table the matter for another two weeks in order to give us an opportunity to meet with the City Engineer and buff this thing up so we can take a rather unique approach to this and actually give you something to approve that is exactly right if we can get there. Morrow: So moved Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that the preliminary plat for the Lake at Chevy Lane No. 5 be tabled until April 16, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS NO.2 BY BRIGHTON CORPORATION: Corrie: We don't have the findings of fact and conclusions of law completed at this time, is that correct Mr. Crookston? We don't Crookston: That is correct Mr. Mayor, it is not that the City doesn't have them it is that the City Attorney did not find (inaudible) at 6:28 this evening. Corrie: I will entertain a motion to table the findings of fact and conclusions of law for Ashford Greens No. 2 until the next meeting April 16. Bentley: So moved Rountree: Second Corrie: Motion made and seconded that we table this item #7, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #8: PRELIMINARY PLAT FOR ASHFORD GREENS N0. 2 BY BRIGHTON • • Meridian City Council April 2, 1996 Page 19 CORPORATION: Corrie: I think we would probably need to table that one to a date. Bentley: So moved Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that the preliminary plat for Ashford Greens No. 2 by tabled to the next meeting April 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Corrie: Council you have the findings of fact in front of you. Morrow: Mr. Mayor, I am prepared to deal with the findings of fact and conclusions but I would like for the record prior to doing that to reflect that we as a Council have taken some criticism in the press which is incorrect in terms that we refuse the acceptance of a City park or a contribution to the park of approximately 2 1/2 acres thereabouts. The presentation to us at the last meeting was as a way of history there was some conversation at the P & Z level that there could be something done with some ground creating a park of a little over 2 acres, 2 1/2 acres. Someone within the staff according to the testimony that was given to us last week by Mr. Wardle indicated that probably wasn't a good deal for the City because of the cost, the neighbors themselves in the neighborhpod had determined that they didn't want the park because of the cost of maintaining it. I don't know who within our staff made the decision not to accept that as a parcel or a park but their analysis was absolutely correct. The issue very candidly is with a piece of property that small there was testimony offered from the public that we could put a couple of soccer fields there. The reality is that on a piece of ground that size two soccer fields would generate 50 to 75 cars within a subdivision as small as Valeri Place, the neighbors wouldn't accept that, Smith's Food King certainly wouldn't accept 50 to 75 cars parking within their space for all of you here that is a walled subdivision. If there was going to be direct public access not affecting the subdivision there would have to be ingress, egress point on Cherry Lane by the time you put in the necessary entrance and parking the amount of green space that would be left wouldn't support one soccer field. So the issue here clearly is that our staff made the right decision in terms of that park ground, the point is it originally was proposed to us in terms of a two phase residential subdivision with some common area and a gazebo. Smith's to their credit has increased the size of what • Meridian City Council April 2, 1996 Page 20 was originally going to be there. There are less residences in the area, so it is a good deal for the residents of Valeri Place and it is a good deal for the City of Meridian. That type of open green space belongs within the subdivision, should be utilitized by those folk within the subdivision and will not because of the small size of the subdivision support general public use. So I don't know who on our staff or who at P & Z made the suggestion that this wasn't a really good deal for the City of Meridian but they were right on contrary to what the press will have you believe. Having stated that, that is my position. Rountree: I would like to make a comment with respect to the findings on your comment Mr. Morrow that on page 5, paragraph 1 on that page that be (inaudible) to indicate what was said that there was a (inaudible) of two options, one cul-de-sac subdivision, one park that Smith's actually worked with the residents of that specific subdivision and the conclusion of that meeting with those residents was that they preferred that the neighborhood park be increased in size minimally and that the additional houses be a cul- de-sac (inaudible) as their preference. Corrie: Having said and heard that are you ready to make a motion on the findings of fact and conclusions of law? Morrow: Mr. Mayor I would move that we adopt and approve the findings of fact and conclusions of law, I am sorry let me re-state that. I would move that we adopt and approve these amended findings of fact and conclusions of law. Also to and including the amendment of Councilman Rountree. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law with the addition of Mr. Rountree's comment and as amended, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Nay, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay Corrie: Before we do the decision on this Mr. Crookston, would this not be a time that we need to add that the plat will be required if any of the use in the store is placed on rezoned land. That land that we were talking about as being put into plats and I think we need to add that to the decision, f personally asked the counselor if that should be done that way. Crookston: If it is desired by the Council and that is (inaudible) this is the place. Meridian City Council April 2, 1996 Page 21 Corrie: And that would be the Council's decision. I will entertain a motion for any decision you wish to make. Morrow: Mr. Corrie, would you enlighten me a little bit in terms of that procedure please? Corrie: On the CN zoning you can't have homes, part of that is their property and if they want to sell that to another property it ought to have a plat to come with that so if they were to build homes they would be required at that time from the decision. It cleans it up a little bit I think. Morrow: Mr. Mayor, the Meridian City Council decides that the requested rezone of the land to a neighborhood business district CN is hereby granted that as a condition of the rezone that the applicant meet the terms and conditions of these findings of fact and conclusions of law, comments and requirements of the City staff, water and sewer ordinance requirements, Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical code, Fire and Life Safety code, Mechanical Code and all parking lighting, landscaping requirements. That they file a plat to designate the residential areas. If there are any irrigation canals, drainage or other means of conveying water located on the property they shall be tiled. Rountree: Second Crookston: Excuse me I think that the idea that Mayor Corrie had was that not necessarily for the residential because the land that had the request for rezone is only the land upon which the shopping center or store would be located. It does not include the residential property to the north. The idea is that (inaudible) on part of it, it would have to be platted. Morrow: Let me as you this Counselor, doesn't, wouldn't you have to file a new plat because the lot configuration is changed for the residential stuff. Crookston: It has not been, that residential land has not been finally platted to my knowledge. Morrow: Well and also Smith's is going to sell that, they are buying that ground in its entirety and I think that the testimony from Mr. Wardle, one of the Smith's folks was that it would be re-sold to a developer or some folk that would sell the residential stuff. I believe if memory serves me he indicated that they didn't want to be involved in the sale of residential properties. Crookston: But the statement as I recall was that land would be used residentially. Since the land north, as described in the application, the land north of what is described really Meridian City Council April 2, 1896 Page 22 has not been dealt with however. They did state at the hearings it was going to be residential Morrow: Are you talking about the land between the back of the store in Glennfield Manor or the land on the adjacent west side. Crookston: I am talking about the land on the north. Morrow: So what is your point in terms of what we are talking about with the decision you want to strike the phase in terms of the plat requirement? Crookston: No, I think the plat requirements needs to ~ there if another business is added to the land that is being rezoned, Morrow: Such as a corner pad? Crookston: That is correct. Corrie: I think you could say Mr. Morrow that a plat would be required if any other than the store is placed in the to be zoned property, that would cover that north side as well, is that correct Counselor? You are using the same decision you are just adding a phase in there. Morrow: Mr. Mayor could I ask the staff Gary Smith Engineer, your thoughts about this or Shari? From a technical stand point how do we solve Gary the problems that you may have? Smith: Councilman Morrow, as I understand it, the legal description that was provided for the rezone is for the proposed Smith's food store site. One of their plans they submitted did show a pad at the southeast corner of that piece of property. The remainder of the property would remain R-4 zone I believe at such time that they did something with the strip of land between the back of the store and Glennfield Manor Subdivision, a plat would need to be filed for that. If they are going to sell the pad the proposed pad site then a plat would be required. If they maintained ownership of the pad site and leased it to a user then it would just remain in their ownership, it would remain as it is. But any time you split off a parcel it requires a subdivision plat to be filed. Crookston: Maybe we could get some information from the applicant or Mr. Wardle regarding this. Wardle: Mr. Mayor I think that you had it handled in the motion because the land is not being rezoned that would be Subject to a residential subdivision has to be platted. And in Meridian City Council April 2, 1996 Page 24 Rountree: Mr. Mayor I move that the Meridian City Council hereby adopts and approves these findings of fact and conclusions. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the findings of fact and conclusions of law with the one correction, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Rountree: Mr. Mayor, I move that the Meridian City Council hereby decides that the conditional use permit requested by the applicant described in the application with conditions of approval set forth in the findings of fact and conclusions of law and that the property be required to meet the requiremetns stated in these conditions of law, the fire and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Since the applicant is here I think it should be stated that the findings say that the City would review it in 6 months. (Inaudible) Crookston: Review the entire application. (Inaudible) Crookston: It says you don't have any restrictions. Rountree: You do as far as pick up and delivery. ITEM #11: ORDINANCE #727 - STEINER DEVELOPMENT ANNEXATION/.48 ACRES: • Meridian City Council April 2, 1996 Page 25 Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 OF SECTION 3, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anybody from the audience that would like to have Ordinance #727 read in its entirety? Hearing none, I will entertain a motion for Ordinance #727. Rountree: Mr. Mayor, I have two comments, corrections, on page 3 we have a blank for a Subdivision No. I believe that should be, I don't know, 4. Morrow: I don't know, that is what I was going to say, we need to ask Doug Campbell. Three? Rountree: Okay, three should be in the blank on page 3, bottom of page three. Platted as part of the Lake at Cherry Lane No. 3. (Inaudible)Page Five that may be where the error is, Wayne Forrey as City Clerk. Corrie: Okay, I guess, any further corrections? I will entertain a motion. Bentley: Mr. Mayor I make a motion that we pass the ordinance #727 for Steiner Development with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that Ordinance #727 be approved as changed and with suspension of rules, roll call vote. ROLE CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: ORDINANCE #728 -KENT & MARY BARNEY ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 OF SECTION 3, T.3N, a.1 W, B.M, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #728 read in its entirety? Hearing none I will entertain a motion. (Inaudible) Rountree: Mr. Mayor I move that we adopt Ordinance #728 with the suspension of rules. • Meridian City Council April 2, 1996 Page 26 Tolsma: Second • Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that Ordinance #728 be adopted with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #13: PUBLIC HEARING: REQUEST FOR TRANSFER OF A CONDITIONAL USE PERMIT TO CANDACE ADKINS BY INCHWORM DAY CARE: Corrie: Is there a representative? Mike Weutzel, 310 South Harding, Boise, was sworn by the City Attorney. Weutzel: We would like to get the conditional use permit transferred into our name. I am a partner with Candace in the purchase of the property. We are going to continue to use the place as a day care and we are really not going to change much other than a little paint and spruce things up a little bit. Also take care of, there are some requirements that the Fire Department wants us to do with the doors and a few other miscellaneous things and also some Central District Health requirements that we need to complete before we can start operating. Other than that, like I said we just want to continue to use the property as a day care center just like it has been. Crookston: Do you have you Central District Health or Health and Welfare day care license? Weutzel: Yes, currently we have a day care on Cherry lane up the street 11th and Cherry lane. What we have intentions of doing is this is a larger facility is moving our operation down to this facility. Crookston: You will be closing the other one? Weutzel: That is still kind of up on the air, we have talked about some office space, we have talked about selling that piece of property and we are really not quite sure what we are going to do with it yet. Also Candace has also talked about operating the current center that is on Cherry Lane now is kind of a baby center with just very small children and then the bigger center on Crestmont for the older kids like age 3 and up to after school. Meridian City Council April 2, 1996 Page 27 u Crookston: How many children are you proposing to care for? Weutzel: The building is 2175 square feet and according to the Central District Health requirements you are supposed to have 35 square feet per kid. We are proposing, the math works out to 62, we are proposing to get a license for 60. Crookston: Are there any, if you would explain the grounds, are there any, I just don't know exactly where it is, are there irrigation canals, is there a swimming pool? Weutzel: No, there are no open ditches, no swimming pool, it is all fenced, there is a small piece of property on the corner of Cherry Lane and Crest Mont that Jerry Mortenson has his office in. Our property surrounds his, and the entrance to the parking lot or main parking is on Cheny Lane and the entrance to the employees parking lot is on Crestmont. Crookston: I know where it is at now. Weutzel: Like I said there are 7 or 8 things that the Fire Department asked us to do which we will take care of before we take any kids down there. Then there are also some things that (End of Tape) Crookston: (Inaudible) day care employees are going to be there? Weutzel: When we get up to full capacity there will be a total, I am trying to think here, there will be a total of about 7 on the premises at all times. Whether we have some part timers or full timers that work half days or whatever. But at full capacity there should be 6 people full time plus Candace will be there as the director/owner. Crookston: You said you would have approximately 60 children? Weutzel: Yes Crookston: Thank you; that is all I have. Weutzel: Any other questions? Corrie: Any questions of Council? Rountree: Do you propose to substantially change the activities that are going on there now? • s Meridian City Council April 2, 1996 Page 28 Weutzel: Not really, what we are doing as far as, well actually no, we are going to try to have a real structured, she wants to set it up like a preschool almost where the kids are learning their letters and numbers and stuff in the morning and then they go outside and play for an amount of time and have real limited t.v. and that kind of stuff. Also, some of the things that we have been doing in the building for instance I put a tempered glass window in one of the rooms so we could keep an eye riot only on the teacher and the kids in the room but just to kind of open things up a little bit so we can always see what is going, on. As far as the hours and stuff, Candy has intentions of being open from 6:30 in the morning until 6:00 at night or until the last parent gets there, sometimes it is around 6:30. Corrie: Thank you Mike, anybody else from the public that would like to give testimony at this time? Smith: Mr. Mayor and Council members in accordance with our policy that we have been using on commercial properties any time there is a change in the use or change in the applicant we go back and review the water and sewer or the water use records and we make sure that the assessments are up to day as far as the amount of water that is being used compared to what the property was assessed at originally. There may be an additional charge on the water and sewer assessment depending on the amount of water that is being used. Weutzel: A comment on that and this is something that we went through on our other building when we got the conditional use permit change there. From what I understand we are paying the commercial rates and everything on the water, sewer, trash and the usage is, granted 60 kids is a lot, but it is not like we are washing electronics there either. So there is not a lot of water usage and there is not a lot of, it is not like a restaurant either. The dinners that get cooked, the washing dishes and the kids are using the bathroom and stuff obviously but, and also one other thing there is a very small area of grass that needs to be watered, there is not a lot of grass. Most of the lot is parking lot. So there is not a lot of water usage there. Corrie: It would be based on the usage however. Weutzel: Yes Corrie: Any further testimony from the public? Council, any further discussion? I will close the public hearing. Entertain a motion for the findings of fact and conclusions of law to be drawn up by the Counsel. Rountree: Mr. Mayor I move we have Counsel prepare findings of fact and conclusions of Meridian City Council April 2, 1996 Page 29 law. Morrow: Mr. Mayor, this is a transfer of a conditional use permit and findings of fact and conclusions are not needed. Corrie: Is that correct? Crookston: Yes Rountree: I will withdraw my motion. Mr. Mayor I move that we approve the transfer of conditional use permit based on the testimony we received tonight. Morrow: Mr. Rountree would your motion include the original conditions of approval for the conditional use permit? Rountree: The original conditions of approval with the existing conditional use permit, correct. Morrow: Second Corrie: Motion made by Mr. Rountree, Second by Mr. Morrow, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: NON-DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 3: Corrie: I guess my question would be to Shari and Wayne both, does this meet with both of your approvals? Smith: Mr. Mayor and Council members, I reviewed the non-development agreement and compared it with the previously approved agreement. They added one, they added some verbiage to one of the sentences, I think I wrote in the right hand margin of the copy that you have the word added. There are some parentheses both in and out of the verbiage they added a sentence. Wayne I believe has looked at that and doesn't have a problem with what they have said. Other than that I think the Mayor's name on the second page needs to be changed, that was all that I saw. Crookston: What is added does not change the agreement at all. It just says that there can be an amended agreement which would then have to be re-signed and the Council • • Meridian City Council April 2, 1996 Page 30 would have the right to approve it at that time what as I believe pertains to let's say they have 50 lots that are under this non-development agreement and they want to go ahead and do a development on 25 of them there would be an amended non-development agreement for the 25 that they are not going to develop and they would proceed with the development of that 25. Corrie: Mr. Crookston, would there need to be a space for the City Clerk to attest to these signatures or not on this? Crookston: Yes Morrow: Mr. Mayor, I would move that we approve the non-development agreement for Summerfield Subdivision No. 3 authorizing the Mayor to sign and the City Clerk to attest. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the non- development agreement, any further discussion, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #15: SANITARY SERVICES, MOE ALIDJANI: DISCUSSION OF PRESENT CONTRACT: Alidjani: Thank you Mr. Mayor, and gentlemen Council, number one I wish to thank you all of you for giving your time tonight. I have with me tonight Mr. Mark Freeman he is my corporate attorney for the last several years and he has been helping me in a different issue. I have asked him graciously to put a package for you and in fact if there are any technical questions he can answer other than that I think I can answer all of your questions in regard to this question that I have. On page 1, we have the formal request, I have broke it down into two pieces, two paragraphs. One is the increase of a rate and the other portion is (inaudible) extension of contract and as you see on page one, paragraph A, I can read it out to you or we can go one paragraph at a time and if there is a question we can, I can answer that however you wish to do that. Morrow: I guess, the format here is we are doing this tonight because he couldn't have it ready for the strategic planning meeting. So this would be somewhat of an informal give and take session as opposed to formal presentation, is that correct? Alidjani: As I said I am willing to play any kind of part however you wish to handle that is fine with me. • Meridian City Council April 2, 1996 Page 31 Morrow: I think that being the case it ought to be just give and take discussion per item. Alidjani: We can discuss paragraph A, page one or B or C or D or however you, I would be glad to answer any questions? Corrie: Does anybody have any questions on 1, A? Morrow: I have questions based on the paragraph preceding A, I don't have a problem with A because it simply says our agreement with him under the current contract calls for it to be adjusted every two years. The last time was 1992 so obviously it is time to for this. We had originally asked Mr. Alidjani to cover these issues or made him aware that we were going to cover them a couple of months ago. In the first paragraph the comments apparently justifying a 2b% increase in all residential and commercial rates. Then where I want to get to is (inaudible) I request the amounts paid (inaudible) commercial and residential accounts the increase by 10% and the City assume all responsibility for direct payment of landfill fees to Ada County Solid Waste Management Department. I think form my perspective it seems to me that the current system where we have the provider taking care of those fees makes more sense. Case in point would be an increase in fees such as Boise City currently does that until they get their trash rates adjusted the City of Boise takes 2 months worth of loss or whatever that time period might be with respect to an increase. And in this particular case the land fill did double the rates for non compacted trash and it would seem to me that from the tax payer standpoint and in terms of protecting their money that it would be not in their best interest that we would assume that liability out of general tax funds by paying those land fill fees. That seems to me that ought to remain with the provider of the service whoever it might be in terms of the bid. So that is my thought in terms of paragraph one. I would throw that open for debate with the rest of the Council. Bentley: Mr. Mayor, well also, if we took that responsibility and then wind end up having to tie up some more staff time too with it. Morrow: Could conceivably Bentley: With bookkeeping. Alidjani: By the way in 1994 that is how it used to be handled, City of Meridian used to handle the landfill bill. Morrow: I understand. Corrie: Then in 1994 you went back to it. Meridian City Council April 2, 1996 Page 32 Alidjani: I requested the Mayor and City Council yes. Morrow: 1992 or 1994? Alidjeni: 1982 or 1984, up to that point the City of Meridian was taking care of the landfill and needless to say that all the other cities do take care of the landfill bill and then they add on to it a franchise fee so 6 of one would be half a dozen of the other (inaudible). Morrow: I am sorry I misunderstood you I thought you said 1994, you said 1984. Alidjani: No, 1982 or 1984. Morrow: It must have been 1984 because the base contract here is a 15 year contract. have no more questions or thoughts on page one. Corrie: Anybody else on the Council have any? Rountree: I think Walt addressed some of my concerns about (inaudible) two options there the 20% increase covering pick up as well as disposal fees or what you want to call them, 10% city pick up disposal fees. Is there an administrative advantage one way or the other for the City. It seems to me the provider takes care of it all would be more efficient. Corrie: Moe, want to comment on that one? Alidjani: Yes, Councilman Rountree, Mr. Mayor, Council, the reason most municipalities take care of the landfill bill is that particular issue is out of the control of the (inaudible) They do not have any control, some cities do control their land fill and in some areas such as ours the County would control the area. At the present time because of the non- controllable issue for the haulers the City of Boise is requesting BSI to change the rates, that will happen within the next couple of months. The reason for that is the franchise fee the are collecting is more than the billing tha# they have to pay, Councilman Morrow mentioned that, So for those reasons they have more control over the County or their own City this board of trustees of the City will take care of that or they have been taking care of that for years in other towns. So the haulers that never have to worry about tha# kind of issues that is not in their control. Another thing I can mention (inaudible) six months from now there could other changes by the federal government or EPA to renovate or have new regulations for the landfill. At that time whoever makes the hauling or has a contract with the City of Meridian would be bads here again. Because at their view (inaudible) $10 million to renovate the landfill or have it (inaudible) the plastic that they have to put on they just pass that directly through. Meridian City Council April 2, 1996 Page 34 correct? Alidjani: That is correct. Rountree: That is the way I read it. Freeman: (Inaudible) Corrie: I think you will find that under Exhibit C Mr. Morrow shows that would be the new proposed. Morrow: So that, okay and that is 20% that is if you would maintain handling the trash billing at the landfill? Alidjani: That is correct. Morrow: Also the 20% also includes the items you talked about in here with respect to employee salaries and so on and so forth? Alidjani: That is correct. Morrow: So then we are to request for contract extension. Corrie: Yes, item 2. Morrow: I have some comments that I wish to make there. I don't want anybody to misunderstand I am not dissatisfied with our service here I think the service is great I am also incline to favor in town businessmen but I think if there was anything learned from the golf course debacle last year it was that long term contracts are not in the best interest of Meridian or its citizens. What it amounts to here is that when this contract expires is that it will have been a 15 year contract. The conventional contracts as alluded in this document in other areas are a maximum of five with an option of the Council of the various City of another five. Now those as we have recently seen with the City of Boise are done through the competitive bid process. I think it is in the best interest of our citizens to look at this from the standpoint of allowing the contract to run its course and then go through the competitive bid process. If it were personally up to me I would like to see Mr. Alidjani continue because I think he has done a good job and he is conscientious, he certainly serves the community well. He is a good corporate citizen, I think the reality is that we are moving into a much larger arena in terms of doing business, we can no longer do business like we have before and at some point we need to go to competitive bidding to ratify the service if you will. That is basically, I am sensitive to everything he is saying here with • Meridian City Council April 2, 1996 Page 35 respect to need for financing and need for more equipment and need to provide the service. I understand all of that, don't disagree with it. But the issue is that at some point you have to be in the competitive bid arena. It has been by expiration of this contract 15 years since it was competitively bid ahd I would like to see it competitively bid March 16, 1999. Those are my comments. Corrie: Other comments from Council? Rountree: Moe, you indicated in here not specifically but the potential of not being able to maintain the service without being able to obtain additional (inaudible) stay the same (inaudible). Alidjani: In our line of business Councilman Rountree there are two items- that you have to look at. Number one equipment has to be on the street, number 2 employees have to be on the street. We are one of the only outfits and I am really proud of saying that in the Treasure Valley, Ada County and probably in the State of Idaho as far as I know that the oldest fleet that they have in seven trucks is only five years old. In order to obtain $450,000 worth of equipment that (inaudible) on the street you have to have borrowing power and in order to have borrowing power you have to have extension of a contract. The only way I can sell myself to the bank is what do you have. Three years would not do. Eventually if that contract is not extended at this present time and I respect your wish whatever that might be I will have to live with that is that I can not obtain any new equipment. I do need a (inaudible) incorporation of land that has been zoned and annexed for Fred Meyers and all of the (inaudible) around Fred Meyers and also St. Luke's hospital. At the point of time like this when we have 1200 to 1300 homes a year a small businessman doesn't have a choice. I have to keep on playing the games and that equipment has to be purchase and has to be on the street and they have to be going. I am proud of what I do and I do a darn good job and that will never change. Without the extension of this contract to at least obtain 6 years minimum a banker would not give me a loan and it is a domino effect. I will not be able to purchase any new equipment, I will have a used one. When one goes down the route will not get finished. And basically it is detrimental. My system as a small businessman and t will get eat up by a larger outfit. It is really a simple task there is no gimmick to it. A larger outfit that they have quite a bit of equipment laying around and they can do better of course. As a small businessman it would be extremely difficult for me to obtain a borrowing power of any kind in 3 1 /2 years and purchase any equipment. So basically I will go back to a used truck. Until that point if I be awarded for another extension such as five years and five years (inaudible) then I can go back to .the banker and okay we are going to get rid of this old equipment and I have already been that route. I don't like it the City didn't like, citizen don't like it, it is not a winning game. But since 1990 we have the newest equipment on the street and our gentlemen that work for us are professional at what they do. We do have as a small • Meridian City Council April 2, 1996 Page 36 businessman advantage toward the larger corporation, we have a personal touch. At any given time anybody, six days a weeks sometimes seven days a week I can be reached or one of my employees can be reached. This is my (inaudible) I have been around and I know most of you and I have worked with most of you. That (inaudible) going to happen to the small businessman. Rountree: Are there leasing arrangements that can be made for that new equipment you are saying that you are going to need for these bigger customers like Fred Meyers? Alidjani: Just because of those two accounts I have to have a new truck, another addition of a (inaudible). Right at the present time for your information we have one truck that handles 29 large boxes, Fred Meyers has four, St. Luke's has three, we are maxed out on (inaudible) we do have a need for that and also we have a need for another residential, commercial mixed truck because of the increase of the population. I assume by June definitely they have to be ordered and on the street working, they have to be in operating condition. Rountree: Then I guess my question is without this extension, without this ability to have the borrowing power your intention would be to meet this demand by buying used equipment? Alidjani: That is true, a $75,000 truck would turn out to a $5,000 truck. I can't quit, I never was a quitter, I am not a quitter now, I have to keep on going until my last day of my contract. Morrow: Can I do a follow up question on that, Commissioner Rountree? Lease equipment is the lease option available? Alidjani: Councilman Morrow, they are also on a wait of two years, three years, four years, five years, but you have to realize the shorter the term the more expensive the payments. On that increase of the rate I did not ask for money in term of 20% it is possible, I don't know how often most of you lease equipment I do. I have some on lease, but a five years lease I have paid for three trucks on the lease option $4800 a month versus if I would have bought it right out I would have only paid $1000. That is at 5 years, the minute you drop the term it gets worse. If you have noticed some of the advertising they have around the papers or everywhere in t.v. and radio that for some of the lease option for two years you are paying almost twice as mulch as you would to purchase it because they are two years lease term. After two years there are not that many buyers out there that want that back because you have such a high residual. Corrie: Any further comments or questions? • Meridian City Council April 2, 1996 Page 37 • Bentley: In regards to Councilman Morrow, I agree to some extent with his competitive bid mode but in the terms of Mr. Alidjani and his years of service here and I fail to see where a two year extension would be harmful to us and then at the end of that term possibly go to an open competitive bid. Rountree: I guess I would offer up another option is that there are 3 1 /2 years, left on this particular agreement, if we were at the end of that period would you be inclined to want to enter into a competitive bid to start a new agreement from this point in time forward and compete for it. Alidjani: How easy is for some of us to compete against the large one is extremely difficult. I mean, I don't know how much you know about the history of this line of business especially in Boise. In 1978 when Parson and Sons did have the little problem with the City the suggestion somehow came to the Council from wherever (inaudible) cannot afford that a performance bond. That is how the smaller outfit gets eat up. There are other ways they can (inaudible) and that could be one of them. Rountree: Well, that would be an option to the Council but what I am saying is if what you are telling me is that you can't compete now how are you going to compete in seven years. Alidjani: No, I can compete right now, I have been competing, we have some of our residents that they do have a commercial account in Boise but residential account here or vice versa. All of them can testify that I can compete. I am doing it. But 3 1 /2 years from now I am not sure how many of your are sitting in that seat and 21/2 years from now many things can happen in the form of politics. Rountree: I agree. Morrow: I think Mr. Rountree's question was is that, his option that he is suggesting is that we go to a competitive bid right away. Alidjani: In the present time as I presented to you my rates right now are cheaper than what they are charging. Rountree: Moe I don't disagree I think we are getting a great deal. My question is that is it competing now for a five year contract versus my tendency to not want to extend this for any great length of time because I think it does need to be competitive for exactly the reasons that Walt stated. So at some point in time in the near future that is going to happen would it be advantageous to do it now to you and the City? Alidjani: I don't believe so. • Meridian City Council April 2, 1996 Page 38 Morrow: The other thing is you have to have some time to think about this we are not going to make any (inaudible) Freeman: Just as a response to that as not only Moe's Counsel but as a citizen and resident of the City. It looks to me like even with the rate increases that Moe is proposing they are lower than most if not all of the surrounding municipalities. There is a rate increase that will be going into effect at Eagle where BFI does a portion of the work and somebody else does a portion and they don't actually have a contract. When you compare it across the board with the other municipalities even with 20% proposed rate increases it is substantially lower than neighboring municipalities. So I would say to open this up the City bidding it at this time may result in a higher rate, may result in a different contractor doing the work but likely the result i~ a higher rate than you have existing now. Alidjani: Also Councilman Rountree there is another thing I have been (inaudible) about it. They can take a loss at the beginning of the (inaudible first two or three years a lot easier than to get responsible for me to do that. They can undercut others by losing some money up front. Then gain it later back. That is not possible for me. Corrie: Moe, if there was an extension of two years from your 1999 that would give you 5.5 years would that be enough to buy the trucks that you are looking for, rather than you are asking fora 5 year extension. If a twc year extension was given you could buy the trucks and then go into the competitive bid at that point. Alidjani: If that is your desire. Corrie: That is just a side thought. Rountree: You need a window of five years is (inaudible) to get the financing of guaranteed service contract? Minimum of five years. Morrow: That is if it is buying equipment straight out not leasing, not buying used, buying new. Alidjani: I just worked too hard to get that fleet at what point they are. I don't want to go downhill. Rountree: What kind of increases would you be asking for in order to get a lease for that needed equipment. Alidjani: I don't believe I am prepared, I have to go look, I have to talk to my supplier to see what numbers we are looking at. • Meridian City Council April 2, 1996 Page 39 Rountree: I would like to see those just as information. • Alidjani: Sure, I can get you information on that, how many years, they have all different varieties. Rountree: Well I think equipment to the number of years that you are asking for 3.5 years or actually 2 year extension would give you that five year window. Morrow: I think the thing is from my perspective is I want to see all of the options that are available to us here and I have to tell you I feel very strongly about the contract issue that was a highly politicized thing with the golf course I think the rules that applied there apply here. I think that it was an original mistake made by the City Council and the Chamber at that point in time, it was from making the lease too long. Thirty five years is outside of the realm of what golf courses are leased for, 15 year leases we can see by these documents are outside of the realm of what trash contracts run. So I think that as a Council we need to take a serious look at all possibilities because as I see it the same rules apply to both. Bentley: Mr. Mayor, I need to make a correction when I was speaking of the extension, I was referring to a two year extension not a five, trying to get him up to the five. Corrie: I guess Moe do you understand what they are asking you for. In the 3.5 years that you have left on your contract what you would need to increase the rates to get the lease equipment or if you go to the five years window. Alidjani: t can do that I can bring some numbers for you. Corrie: We need the options as many options as we can get. Alidjani: I will gq back to my suppliers, I will ask them for a five years lease so that means if we have exactly three years and 6 months it would be an addition of one year and 6 months. Then what would be the number is for I would ask him, two different numbers, one for three years and six months, one for the full five years. Rountree: That would be great. Alidjani: And this would be purchase lease or both. Corrie: I think both ways. Morrow: I think what I would like to see is all the kinds of options that would solve our particular kind of dilemma that we have as a City. I think I .would also like to say is this • Meridian City Council April 2, 1996 Page 40 document was worth the wait, you did a hell of a fine job comparing that, you answered lots of questions. It is very informative, it is probably one of the best proposals that I personally have ever seen. Alidjani: I wish to give most of the credit to Mr. Freeman. Morrow: Well the both of you, job well done. Corrie: Any further questions Council? Rountree: Did we want to talk about the contractor pick up while Moe is here. Morrow: I am sorry, do you remember the issue I talked to you about with respect to contractor pick up unoccupied completed spec houses that are not charged in other areas in Ada Courrty but are charged for here. I indicated that I would like to hear your thoughts in your presentation. Alidjani: Mr. Mayor and gentlemen Council we have gone back and forth for this particular item since 1979. The reason for going back and forth is again for people that they wish to break laws is not for the good guys it is for the bad guys. We do have some, I don't know what the percentage is that they take what we give them for granted and for that reason it would make a lot easier for the City because they are the one collecting the fees for trash hauling. They are the one handling the books and they are the one that has the leverage or if somebody does not pay their trash in City water, I see this on your agenda tonight they have a hard time policing that. In order not to have one policeman for every household we have that they wish to break the law on this particular issue they decided to go that route. What I am faced with is that there has been an occasion, one or two or a few that what you said is correct there has been no trash put out and they have been charged. Also there are others that they break this rule and they take advantage of the system because we are not, let me back up a little bit. At one point in time in 1979, 1980 there was a limited on trash (inaudible) an address, a number of the cans the individual has paid for and how many he is allowed to take and if he can put an extra one or charge there extra. It came back to 1984 or 82 whenever we had a large negotiation with the City all that has been put away and set aside and it became unlimited. That opened the door to some individuals few of them to start taking advantage of the system. I have seen people bringing bags from with C license just drop by regular house. I have complained for my commercial accounts. When we searched it out they were (inaudible) come out of Idaho City. A church comes out of Eagle (inaudible) and I can tell you stories for hours for the last 20 years but unfortunately they are the ones that make the rules happen and this rule is just an easier policing system that is not possible for me or you to police them day and night. When you pick up 1500 to 1600 home sin one day and try to put it in a period • Meridian City Council April 2, 1996 Page 41 of hours there is nobody who can police them who is doing what. So my way of policing it to my employees if you have any question at all if it is occupied or not turn the water off. I will (inaudible) if it is on pick it up they are paying for it. But I have accounts, several of them and I can mention names and addresses that the water doesn't get turned on but the construction trash comes in the garbage can day after day after day until we catch them. It basically becomes my job to protect my pay. Other than that it is extremely difficult to police them. Morrow: If I might as the question, I am the one that brought the issue up because Meridian is the only City in the County the only entity in Ada County that charges for unoccupied spec houses for trash. You have a broad cross section of various companies dealing within Ada County. The question was posed to me by several contractors so I brought the issue to the table. if Meridian is going to charge for unoccupied spec homes I would like to see a real outstanding reason for that when in comparison no one else in Ada County to the best knowledge and I am not familiar with Kuna but no one else charges for unoccupied spec houses. Alidjani: I think the question, it was in my mind right now as you are saying it is do they have the same system we have. Such as if they don't pay their trash they shut their water off. These are (inaudible) you have to realize that City of Boise charging three months in advance per quarter, in advance. If you wish to do it that way let's try it, let's charge the citizens three months in advance and (inaudible) and let me use that money (inaudible) we don't charge them. You see what i am saying, let's compare apples to exactly applies, not half apples to half orange. Morrow: Well I want to see those comparisons as part of this proposal. Because in various districts in Ada County and I don't know what the payment things are, some of those we pay in the rears but we are not paying for trash services on unoccupied spec houses. Alidjani: That would be fine, what I am saying is maybe a portion of this negotiation between me representing Sanitary services and you a board of trustee would be starting whatever day you want to start and have everybody pay 3 months in advance. (End of Tape) Alidjani: Boise does not charge an unoccupied home for construction people. But again they have some privileges that I do not see here. I have to wait for my income for 60 days until I can get it because the way the system of billing is. By the time I actually put the first amount of dollar is about 50 some days the next check comes in at 60 days but they have 3 months in advance and most of us are in business we know how good that is for that cash flow to be out there and not to pay the interest on a monthly basis. Meridian City Council April 2, 1996 Page 42 • Morrow: Look at it from a different aspect, what is the difference between here and Eagle and here and Garden City, neither one of those charges either. Garden City has its own water and sewer and trash. Alidjani: Number of the commercial percentage versus number of the residential. I am not trying to make the deal complicated. Morrow: What does that have to do with (inaudible) Alidjani: Because there are different rates. What I am saying Councilman Morrow they have enough privileges in some other issues they can't forget this one and eat it. If you look at from my view which is when your percentage of your commercial versus your residential is about 7% to about 93% versus Garden that they have percentage of commercial 45% versus 55% then look at the rages that we have set and established here. Their rate is a little cheaper for residential then we do for commercial but on the other hand the number of the percentage of the commercial off sets that, they can't take a loss in that respect. What I am saying is there is so much complication in numbers and figures and comparison is it won't be an apple to an apple comparison. You have those numbers and I have the numbers and we can sit down together on a one on one basis and then I can show you exactly what I am talking about. It would make a great difference. Let me tell you simply, if I give away, just give away all my residential trucks tomorrow do only my commercial 1 will make more money dollar for dollar (inaudible). Morrow: Oh I understand that, commercial subsidizes residential. I don't want to spend any more of the Council's time with this issue tonight. But I would like to see some explanation of that we get from A to B to get result C. Alidjani: I would be glad to do that for you. Morrow: At this point I am a little confused. Alidjani: And by the way the for the City Councilmen and Mayor decision (inaudible) because they were in charge of collection and that is the only avenue they had and that is the only way to police it and that is the only way to do that. That is what their solution was and really mine. You have an ordinance in that respect. Corrie: Does the Council want to act on the 20% increase tonight? Morrow: No, I view this as a brainstorming session and we get all the information and come back in two weeks and address the issue then. This was kind of a substitute for our strategic planning meeting. Meridian City Council April 2, 1996 Page 43 • Bentley: I have a question not particularly on this, what about a recycling program, I am getting questions left and right from residents on cycling. Alidjani: At the request of the Council in the past I think last year it was, I am trying to remember and if I do forget anything Councilman Morrow has been really involved with that. We started a pilot program and that pilot program turned out to be a disaster financially for my cost and my conclusion was that there should be a certain dollar figure allocated to the taxpayers regardless if they want to do recycling or not and do it as a city wide. We took numbers and figures such as how many residents are interested to do it without charge, how many are interested with the charge at their cost, how many are not interested period. And the numbers were really sick, it was terrible. I do have some facts and figures in my office that I have saved. Bentley: I understand that, sometime down the road, the government is going to turn around and say that you are not going to dump anymore of this stuff over here and we are probably going to be faced with a mandatory program. Alidjani: That would be great, but normally what would happen is (inaudible) back here and we are going to try to go to the citizen and Councilman Morrow would you like to shine some light on that? Morrow: I can make the numbers available to you Councilman Bentley. The issue is he is absolutely right it was a disaster. The thing that was very interesting is that our pilot program ended in January, we ran it for 90 days and we used mailers (inaudible) we kept numbers on everything in terms of poundage, cost and return and some 6 or 7 months after this pilot program was done there was a substantial article in the Readers Digest and their numbers and percentages it was called the great recycling fraud something like that, their numbers and percentages mirrored ours almost to the tenth. I was convinced by virtue of that and by what Mr. Alidjani did all of his own expense that we had given it a fair trial at the current time it doesn't make sense underneath where we are at now. Bentley: That is fine now I know what to tell them. Alidjani: It would cost the taxpayers I would guess, I am guessing right now but I do have exact numbers, somewhere between $1.45 to $1.65 per house. At that time my contribution was (inaudible) 6 guys, 2 men on one truck and do this city wide. Freeman: One thing that I here and you can see when you look at the rates you will notice the rates for the City of Boise are lower for recycling then they are for non-recycling. Boise did that as a disincentive to actually as an incentive to recycle. They didn't do that because they make money off of recycling. Sometimes people in Boise say it is cheaper in Boise Meridian City Council April 2, 1996 Page 44 • to recycle why don't you do that in Meridian when it really isn't the case. The Council set that up (inaudible) Corrie: Any further comments of the Council or questions for Moe? Freeman: I have one more comment on the issue of the extension of the contract. I see with the growth of the City this is not a static duty that Sanitary Services has to complete. If there are any facts or figures or projections by the City as to growth in commercial and residential projected those may impact Moe's future purchases. We are talking right now about two trucks over a 3.5 year period he may have to buy additional trucks if we keep seeing this kind of growth. I don't know if the City has those kind of figures but that might be the kind of information that would help us to make a more accurate projection over the next 3.5 or 5 years (inaudible). Morrow: I think ballpark numbers based on our previous experience and it looks like we are returning to what we were not in fiscal 1995 but fiscal 1994 is that I think you can anticipate that within 7 year period we will be a town of 50,000 folk pretty close and you will see a growth rate of about 3,000 people per year residentially that would equate to roughly a thousand to 1100 new homes per year. The numbers over the last five years with the exception of last year I think was 878 or 873 something like that were all thousands, they range from 1000 to 1400 homes per year. Freeman: (Inaudible) Mlorrow: That is really tough, we will continue to be as a Council very aggressive seeking commercial things to make the town a well rounded town and a community that can survive on its own. But I guess I would offer to you there that you have to look at other communities of about 50,000 and see what they have got for commercial stuff. Alidjani: Any other questions? Thank you Mr. Mayor and Council. Corrie: Thank you for your presentation, very good. ITEM #16: MARTY HILL, CHAIRMAN OF RURAL FIRE COMMISSION: Corrie: Marty? Morrow: So to go back to #15, Moe will make another presentation in two weeks? Corrie: Yes. • • Meridian City Council April 2, 1996 Page 45 Hill: Mr. Mayor, Council members, I have a letter here that I would like to read. "To the Meridian City Council from Meridian Rural Fire Commissioners, RE: Meridian City/Rural Fire Department. This letter is to inform you of recent changes in policy by the Meridian Rural Fire Commissioners due to the fact that the Meridian Rural Fire Commissioners are evidently very hard of hearing and not able to understand the facts that have been stated we will not only continue to tape our City/Rural Commission meetings but started with the April meeting we will have the tapes transcribed. A copy will be given to the Council President for his review, we hope that by doing this it will help the Council understand more fully the discussions and items discussed at our meetings. The reason for this change became apparent when were given to understand that the City had the ground for the new fire station after researching this matter it was found that not only did they not have the ownership of this property but the ground will not be turned over to the City for several more months. We also understood that the City would like to start construction on anew northwest area fire station in the Spring of 1997. Since Meridian Rural Fire District is a 50/50 partner with the City we feel we need to be included in any preliminary planning for facilities and time schedules. The Meridian Rural Fire Commissioners are not willing to have construction begin on an additional facility before Spring 1998. We feel that there are many questions to be answered before construction begins. Some of which are number 1, agreement between the City of Meridian and the Rural Fire District on the size of the new facility. Number two, how many additional full time firemen will be needed. Number three, what additional fire fighting equipment is needed. Number four, cost of paving and landscaping. Number five, furnishing the station with less expensive items than those recently purchased for example the t.v., VCR, recliners, etc. With representatives from both the City and the Rural Fire District Commissioners approving the selection. Meridian Rural Fire Commissioners would like to have a Council member in attendance at our meetings to avoid misunderstandings in the future and to alert the Commission as to the thinking of the Meridian City Council. We feel that the City Council and Rural Fire Commissioners need to have a time set for a workshop so that these items and any other ideas either group may have concerning the City/Rural Fire Department can be discussed. We feel very strongly about these issues and if the City can't conduct its affairs in this manner we feel it may be at ours and our tax payers best interest to pursue other alternatives. Meridian Rural Fire District Commissioners request a written response to these letter. Signed Meridian Rural Fire District Commissioners, Marty Hill, Frank Johnson, Charlie Stevens." Gentleman I have a copy of this to give out to the City Clerk that he can pass on down the line of this letter for you. At this time I appreciate your time for letting me come before you to present this letter. At the request of the other two Fire Commissioners I have no other comment regarding this. Rountree: A couple of questions, I just wanted some clarification Marty. You indicated that the Fire Commissioners wish to pursue a workshop with the City. Do you have a sense of frequency, monthly, quarterly? • Meridian City Council April 2, 1996 Page 46 Hill: If we are going to get started on this fire station I think we need to possibly monthly, bi-monthly maybe. We need to get started on this and not just throw the ball out and say we want to get started on construction now. We have a lot of things to discuss on this as I mentioned. The Council and the Rural Fire Commissioners can come to an agreement on how often and when you want to meet. Morrow. I think in terms of and given the seriousness of this and the urgency probably we could schedule that first meeting on our April 30th strategic planning meeting and you can ask your co-commissioners if that is an acceptable date. It appears to me that we need to deal with this posthaste. Rountree: Another question does your fiscal year coincide with the City's fiscal year? Hill: Our fiscal year is basically January to December because we don't get our monies until the first of January. Well actually in January is when we start our (inaudible) Morrow: So are you on a fiscal year of October 1 to October 1 or January? Hill: Yes, we go that route, I am sorry, our monies don't come in until January. Morrow: Same as the City. (Inaudible) Morrow: April 30th is the last Tuesday in April and that is when our strategic planning meeting would be. Crookston: I thought we had it on the fourth Tuesday? Morrow: Well we could do that. Cowie: I would prefer if we could have it the 23rd and I would request Marty that all of the Commissioners be here because this letter is not exactly true and I will show you why. I know that you don't want to get into that but we will at that point and I want all the Commissioners here. Hill: They will be. ITEM #17: WATER/SEWER/TRASH DELINQUENCIES: Cowie: This is to inform you in writing if you choose to you have the right to a pre- • Meridian City Council April 2, 1996 Page 47 • determination hearing at 7:30 P.M. 4-2-96 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain Counsel. This service will be discontinued 4-10-96 unless payment is received in full. Is there anyone present that wishes to contest their sewer, water and trash delinquency. They are hereby informed they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $21,055.55. Morrow: So moved Rountree: Second Corrie: Moved by Mr. Morrow, second by Mr. Rountree to approve the delinquency list in the amount of $21,055.55, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: This is a case in point of aren't we getting awfully close of being able to implement our new policy so that we can get a handle on this. Berg: As soon as the ordinance is written. You have to know too it ends up to be somewhere in the neighborhood of 40 after the tum off. So we do collect those monies but they are in the rear. ITEM #18: APPROVE BILLS: Morrow: Mr. Mayor I move we approve the bills. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we approve the bills, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: DEPARTMENT REPORTS: Corrie: Wayne Crookston, City Attorney, discussion of water meter fees. Crookston: The reason that I desired to have this on the agenda was because it was my Meridian City Council April 2, 1996 Page 48 understanding from I think it was our strategic meeting that an ordinance was to be prepared. I discussed this with Gary. He has prepared some fees. The question came up do we want an ordinance rather than a resolution. The discussion actually pertained to (inaudible) by the City has had been that because it was to be a resolution that that would be easier to amend and we could change it when the City desired to. My discussion with Gary Smith pertained to we can amend an ordinance just as easy as we can a resolution we do pay for publishing fees to have an ordinance published. Will informs me that when fees are involved he publishes the resolution anyway to put before the public which I think is a very wise thing. It seemed to me that we might as well do the ordinance. Bentley: What is easier to enforce? Crookston: Actually an ordinance is easier to enforce. An ordinance can be enforced (inaudible) resolution cannot. Morrow: I think the other part of the discussion was that also by doing an ordinance and I think tha# it was either Gary or Shari that brought this point up is that then you have the rates in one area so that the consumer comes in and takes a peek at the ordinance book and everything is there as opposed to having looked at it and then going away with the impression .and there is not a reference to a resolution that sets a different rate. So in terms of our customers having a one stop shop concept that we have it would make more sense to do it by ordinance also. Crookston: The other thing that came out was we did have, which had, not been mentioned, we do have an ordinance in the water code and we do in the sewer code also that the Advisory Board, there are two different names one is sewer and one is water but it is the same idea, that they are to set the fees. Do you want the ordinance to state that the fees are put together by the Board of Adjustment which is what our ordinance reads now that they have the ability to do it. They can just set them without approval of the Council. Do you want to go that route, do you want to have the Board of Adjustment make a recommendation and (inaudible) request an ordinance be prepared and then the Council adopts it. How do you want to do it? Morrow: Mr. Mayor I think my preference there would be that we get paid the big bucks to be held accountable and I think that it ought to be us as the Council that sets those fees and is responsible for those fees and is held accountable by the citizens for those fees. I don't have any problem with a Board of Adjustment or ~ Board of Appraisers giving us a recommendation that makes ~ certain amount of sense in terms of the Council's time which is beginning to become a scarce commodity. I think we ought to make the final decision. • • Meridian City Council April 2, 1996 Page 49 Corrie: I don't think there was ever a question about that, the primary thing I wanted to find out was if you wanted the Board of Equalization to make a recommendation to the Council then the Council make that Yea or nay however they wanted to do it from that point and then put it in ordinance form which the public could have input and then vote on it. Morrow: My next question would be is that do we have a Board of Equalization and who serves on it. Corrie: I was informed today that the Board of Equalization is the City Clerk, the City Engineer and Mayor that is by ordinance. Morrow: Let me ask you this, in view of their scarce time are you sure that we are making a good decision to have them research and sewer and water rates, should we maybe not create a Board of Equalization that might be, or Board of Appraisers or whatever you wish to call it that might be somebody else and delegate that job responsibility since there is going to be a Council review and everything. Two of the three guys are totally buried as it is. You guess which two. Corrie: I guess it is the Council's decision, I have other things to do I guarantee you. (Inaudible) Corrie: We don't do just this. Morrow: We could create a sub something (inaudible) Corrie: You could do that if the Council so desires. I don't think (inaudible) unless these two have an objection to it, I certainly don't have any objection to working on it unless you want to entirely take it out of the Mayor's hands and (inaudible) City Clerk and City Engineer, that is entirely up to you. Morrow: Bob I just think that right now they are buried and they are going to be buried for the reasonable future why give them something else (inaudible). Corrie: Let's ask them, are you buried to the point that you don't want to take that on Gary? Smith: Mr. Mayor and Council members are you talking about the rates for sewer and water service connection fees and so forth? Crookston: No, we are talking about everything that I assume that everything the Board of Adjustment does or Equalization. Meridian City Council April 2, 1996 Page 50 Smith: Well at this point you have authorized me to contract with a consulting engineer to determine the rate structure for sewer and water. And so they would be doing that work and I would present that information to you thru the City Engineer's office for your action, your acceptance or modification there too. Morrow: Maybe what we want to do is leave it in that format then, that seems pretty simple. Corrie: That is the ordinance. Smith: The way the Board of Appraisers has been functioning in the past is we take up issues that are protest from users whether it be a billing for user water or sewer or an assessment charge for commercial building. Those are the kinds of things that have come to the Board of Appraisers in the past. We haven't met all that often, since I have been here I have got a file that is probably an inch and a half thick on different matters that we have met on and decisions that we have made. Morrow: I may have misunderstood the work load here because the issue as I understocfd it was the Board of Appraiser was going to go out and gather all the data and do all the work and create recommended sewer and water monthly rates as well as hook up fees. The issue is that if we are selling that out I don't want you two guys to have any more burden in terms of generating paperwork than you currently have. You have too much as it is. So your management, I want you to make sure that somebody else is doing the collecting of facts and all of that. I guess that was the point of my question. Smith: And that is the way we are proceeding right now. We will have to provide information to the consultant as far as our Capital costs are concerned. They will take that capital cost information and massage it with depreciation schedules and so forth and arrive at some user fees and some connection fees or assessment fees. In terms of the, just a matter of interest we did a little, had my assistant do a little research, City of Boise, excuse me United Water Corporation their hook up charge for water if a separate irrigation system is not available for a one inch meter ~t is $2021, 3/4 inch meter is $1200. Right now fora 3/4 inch meter we are charging $500 that is without an irrigation system. Morrow: Let me ask you this though, in their case that is all paid for by the developer when he builds a project is that .not correct? And does Boise water still buy that water back at some rate? Smith: I don't know how they buy it back councilman, they do say that the payment of the connection fee shall be made by the developer or individuals to the company simultaneously with the request for water service. That is how the payment is made. How Meridian City Council April 2, 1996 Page 51 they buy it back I am not sure. Morrow: Well historically it was over a ten year period based on the revenues that were generated through the Subdivision. I know that when we get a permit that is on a Boise water system we pay nothing at the point of building permit or from Boise water until the first billing comes or monthly service. Smith: This kind of information will be researched by the consultant when they establish our connection fees to pay for our system. I would say from that standpoint I would probably bring their proposal to you for your review and acceptance or not. Maybe it should be through the Board of Appraisers to come to you since that is one of their duties, I don't know I guess that is a technicality we can handle. Rountree: It sounds like it is (inaudible) Smith: I don't think the Board of Appraisers is going to do anything much different then what the consultant recommends as far as bringing it onto the Council. Bentley: That is what you are paying them for anyway. Smith: That is right Morrow: The Council then would make the ultimate decision anyway no matter how it comes to the Council under our scenarios. Crookston: We are talking about, we are dealing with two ordinances. We are talking about the water and the sewer, we are going to do the same thing iri both right? Morrow: Yes Smith: On the rate structure, yes. Morrow: And hook up fees. Smith: What we are dealing with tonight as I understood it was just the water meter fees. Crookston: Right, but I think that we need to deal with both of them as far as ordinance. We do an ordinance to change the water and sewer ordinances. Morrow: I understand that, isn't the question that is before us tonight do we want to do an ordinance or resolution with respect to the meter fees. The answer at least in my mind is Meridian City Council April 2, 1996 Page 52 we want to do an ordinance. Smith: The cost that I presented to you originally is acceptable? Morrow: Gary I don't have a problem. Smith: For the remote read meters? Come: The ones you presented on March 19th you are talking about. Tolsma: (Inaudible) Smith: I don't know Ron I am not sure. Tolsma: (inaudible) Smith: I don't know, there is a significant savings in time but I can't tell you what it is. Tolsma: (Inaudible) Smith: One of the big concerns of the water superintendent is these two inch meters that we have for a lot of commercial accounts have a 24 inch cast iron ring cover on it like a sewer manhole. They are pretty difficult to man handle especially for the young lady that reads meters for us. I think she can do it but it would be a lot easier by remote. Corrie: Are there any questions to Gary if you want to do an ordinance on this the figures that he has given us. What is your directive I will take a motion to that effect. Bentley: So moved Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that the attorney draw up an ordinance for meter size cost charges as stated by Mr. Smith's letter of March 11, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Do you want to look at the same ideas for the sewer department? Morrow: In terms of ordinances? Meridian City Council April 2, 1996 Page 53 Crookston: In terms of an ordinance regarding what the Board of Adjustment, it is a different name but it is the same thing, for the sewer. Corrie: For sewer charges? Smith: I don't understand what the ordinance would be for Wayne. Crookston: I assume that they have the same ability accept those fees are different things. Smith: Well there is already a section in the sewer ordinance that establishes the Board or Appraisers. Morrow: So the issue is the same system that we are doing gets running through and that gets presented to the Council. The three Board of Appraisers are at every meeting anyway so why change it. Crookston: What the ordinance reads now is that Board can just do it. Corrie: Well 1 suppose they could. Morrow: Mr. Mayor I move that we modify the ordinance as it currently exists to indicate that the Council wiN make the decisions about setting the sewer and water rates and hook up fees and monthly fees. Rountree: Second Corrie: Motion made by Mr. Morrow second by Mr. Rountree, any further discussion, all those in favor of the motion say aye? Opposed? MOTION CARRIED: All Yea Smith: The next item I have Mr. Mayor and Council members is a contract proposal from Civil Survey Consultants, they are located here in Meridian, for preparing plans and bid documents or pump and pump house for Well No. 17 which is in Los Alamitos Subdivision and Well No. 18 which is located in Summerfield Subdivision No. 1. This would consist of a new pump, pump house, deep well and vertical turban pump, electrical control and site improvements and the pertinencies at each site. The consultant has served us well on Well No. 15, Well No. 16, they have done an excellent job for us and they are proposing to do this two well sites for a not to exceed amount of $18,000 for the design services that would be a time and material basis with a not to exceed. They have estimated a fee for construction services which is their inspection, preparation of all the • Meridian City Council April 2, 1996 Page 54 manuals, operation and maintenance manuals and the pay estimates that come through from the contractor of $15,600. That is also time and materials. Rountree: That is just a lump sum for that activity or is that not to exceed. Smith: That is an approximate fee on the construction services of $15,600. The not to exceed was on the design services of $18,000. Morrow: So these are two separate contracts that we are dealing with? Smith: It is one contract that would have two parts to it. The contract is for two pump houses, two wells. The design services would be on time and material not to exceed the construction services would be a time and material with and estimated cost of $15,600. Morrow: If you are linking the two together what I am getting after Gary is that totals $33,000 approximately that exceeds the $25,000 cap. Smith: Well as I understand it Councilman we don't have a cap on professional services that is excluded from the bid law. We just issued an approval for a contractor for Keller that was $50,000 some I think on that one. It has been my understanding anyway the bid law did apply to professional services. Crookston: You don't have to bid professional services. Morrow: Does the requirement of estimates apply then or not apply. Crookston: No, makes sense to get them it is not required. Tolsma: This $15,600 is both sites also then? Smith: Yes and there will be a lot of similarities between the sites, the size of the pump house, they will be able to reproduce things that will be the same. There are some things that will be peculiar to each site too of course. Morrow: And this group has done a good job for us in the past? Smith: Yes, they have been, they are very, Tim Burgess is the professional engineer and he is very detail oriented and he is very responsive, gets his work done right away, follows through and we just really haven't had any problems with the work that he has done. Morrow: What is the name again? Meridian City Council April 2, 1996 Page 55 Smith: Civil Survey Consultants. Morrow: Mr. Mayor I would move that we award the bid to Civil Survey Consultants in the amount of $15,600 for contract administration and $18,000 not to exceed for design. Tolsma: Second Corrie: Any discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Smith: The other thing that I wanted to run past you and apologize to the Mayor for not bringing this before him particularly but he as out of town and the time was kind of short on this particular issue. The Highway District has a dump truck, in fact they have two dump trucks along with some other equipment that they were putting into an auction. I heard about the dump trucks I have been kind of keeping an eye out because our waste water plant's dump truck is in serious state of disrepair and actually in kind of an unsafe condition to be operating. Every time they do operate it something goes haywire with it. I followed up with the Highway District on this particular unit and found that it was a 1984 international diesel and I put a little short page and a half dissertation on what happened last week in my dealing with the Highway District to purchase this truck and kind of whisk it out from under Heath their auction list. It worked out I think quite well from a price stand point because when I called this morning to talk to Harold Morgan who is their maintenance superintendent he said the truck auction, the other truck auctioned at $9250 and the price I talked to the Highway District about was $6000. When I talked to Bob about it today or the Mayor, he suggested I bring it before you and let you know because it is an expenditure of several thousand dollars. Morrow: I think if I might address this in fairness to Gary I am not totally sure that there are any apologies needed because the issue is the system worked like it was designed to work. The Mayor was out of town, Gary contacted me we talked about it, Glenn was out of town, we talked to both Ron and Charlie, the approvals were basically given by the three of us. 1t was a time situation where time was of the essence, the commitment had to made Wednesday or Thursday, we used Ron's expertise with respect to trucks and diesels and so I am convinced that Gary you did everything right. I support your method about going about doing it and I will stand by my position that it was, that I think we did everything in the right manner and we had the support of the three Councilmen that were in town. Rountree: My only question is do we have the truck? J Meridian City Council April 2, 1996 Page 56 Smith: We just have to take a check down and pick up the title and it is driveable home type of deal. Morrie: Just so the Council understands what expired what happened here Mr. Morrow (inaudible) he gave me the payable to sign I wasn't aware that all of this had taken place and it wasn't Gary's fault or anybody's fault as far as apologies, He gave me this letter but I felt that under the circumstances I didn't know the rest of you had, I wanted the Council to be aware of this amount of money. I could have signed it but I myself think it should have come by here. I don't want anybody to get the idea that I wasn't prepared to sign it but it was the fact that I wasn't aware of what was happening here and I thought that you should all be aware. Morrow: Mr. Mayor don't misconstrue my remarks I think the system is working right now how the system was designed to work. Bentley: Mr. Mayor, t think they did a fine job. Corrie: I do too, I think it is an excellent job. Smith: The maintenance superintendent told me that they had an old wore out back hoe that was wore out that went for $8000 and he said he was absolutely amazed that people (inaudible) depending on the kind of weather and what they are serving to eat or drink I guess. Thank you Mayor and Council. Tolsma: I have a question Gary, (inaudible) Gary Lee that was (inaudible) have you heard anything more on that? Smith: t haven't heard anything from either one of them on the development. They did do the design on the pump house that is done. Tolsma: (inaudible) Smith: Yes correct. Tolsma: (Inaudible) Smith: Well it has been long enough since I looked at it I don't recall, I don't know. In fact I don't even remember when I looked at it last, it has been well over a year ago. It almost seems to me that there were two pumps in there that they were sucking water out of the Five Mile Creek. s Meridian City Council April 2, 1996 Page 57 Tolsma: (Inaudible) Morrow: I have one more question Gary if I might, what is the status of the well and the pump house in Meridian greens, where are we on that? Smith: As far as? Morrow: It is my understanding that Smith: We put a second booster pump in there. Morrow: No I am talking with respect to maintenance of that. Smith: I don't know, I haven't heard anything about the maintenance issue. I don't know who to even follow it up with. I guess we decided, kind of took it upon ourselves, Councilman Tolsma did some work on it last year and then I sent Dennis out with a mower and kind of picked up some things and took another run at it. I think about that time the growing season came to a close. Morrow: I think we need to notify the homeowners association that the Council's intent a deal is a deal. Smith: The last instruction I had was that if they weren't willing to maintain it then we put it into anon-maintainable surface. I think it is gravel with (inaudible) Morrow: So the issue is that have we advised the homeowners association or whoever is supposed to be responsible of the City's position? Corrie: I will be notifying Bob Geisler who was selected president of their association, he has a couple other questions we ire going to have a meeting with him in the next couple of weeks I will see that he understand where we are. (End of Tape) Tolsma: (Inaudible) Corrie: Shari, do you have anything tonight? Mr. Tolsma? Charlie? Rountree: Continue to work with the homeowners group for Cherry Lane 1, 2 3 4 and 5. They have been working with Jim Rabbit and folks along Cherry Lane have been notified to take care of their weeds. I believe only one individual has gotten back to the City on that Meridian City Council April 2, 1996 Page 58 request. I have received several comments from homeowners along Cherry Lane that they are kind of inclined to want the City to proceed with an LID. But that will yet come with the effort that is being done by both homeowners associations out there as they go through their (inaudible). I did get a hold of Jeff Hull finally with St. Luke's who was designated their person to contact on the possibility of utilizing the additional 20 acres on their facility for recreation purposes. My understanding in talking to Jeff is that St. Luke's is willing to do the fine grading, the seeding, the fertilizing of the ground and they want to work out some arrangements with the City on watering and maintenance, mowing particularly. He said that he thought they would be inclined to buy the irrigation equipment whether it is hand set or solid set lines. They penciled that out it appears to be more feasible to buy them and sell them back as opposed to renting them. Their cost on purchase of solid set is about $40,000 and hand set lines is $13,000 I am sure they would like the City to assist their if possible. Two areas that they wold want support from the City would be the mowing and the water. They anticipate 25 mowings per season. Depending on the size of mower that would be available to do that somewhere between $2500 and $6000 a year for mowing. They are guestimating that the watering, hand line movement based on a daily rate for 26 weeks they are coming up with a maximum cost for water at $6500 and then they have an additional cost for fertilizer and weed control of about $1500. I guess I need to know what the City is willing to do and put forth in this cooperative effort. They want to work with the City they have been approached by Capital Youth Soccer and they are really not excited about that as with most youth organizations have good intentions but they don't have much financial backing. They would really like to see the City do this. In addition apparently they are graveling any area in this 20 acres for a construction site to finish the existing facility. That would be available for parking. There is also an access road that they would be providing at least partially around this 20 acres that could be utilized for access. Again they want to work with us on it if we can work through the details and how we would share costs. I think they would be willing to do all of these activities if the City were to provide the financing. Morrow: I think from my perspective what we want to do then is we want to aggressively pursue this I think it is an option that in the short term begins to solve some problems for ball fields no matter what configuration they might be. I am thinking specifically in terms of there was an example of this with the Boise School District in the Bast Boise Little League on the corner of Apple and Boise Avenue that existed for some 10 or 12 years that worked incredibly well. I think from our perspective Charlie that it also fits into our scenario that we started originally talking about with Bob Hailey and others in November and most recently talked about last Tuesday in that we bring together all of the assets that are out there within the community whether they be tax payer supported assets or private sector supported assets and we start coordinating efforts and see if we can't get some things going right away to solve some of these problems. I would think that let's .look at the cost right away and see what we can do this year and certainly budget like heck for next year. • • Meridian City Council April 2, 1996 Page 59 Rountree: Two other points this is not going to happen until probably this fall, it would be trying to establish turf later on this year through the fall so it wouldn't be usable this year. Additionally they are not excited about having much infrastructure out there, they are looking at field sports primarily soccer and little league football. They are not interested in having back stops and that sort of thing out there. Corrie: You are also going to be aware of this CYSA, we are getting letters from Boise, that is Capital Youth Soccer Association, they are eliminating, Boise parks are eliminating Meridian and all the other areas to play in it. CYSA is pretty much a Boise and some of the areas out here. So we have a little tug of war going on here, so if we do pay that we are going to have some agreement with them that our kids with Meridian have the first choice of those fields. Morrow: Well to be territorial as hell here I think the issue is if it belongs in our City it is our kids. Corrie: That is true I will fill you in some other time there are some other things here. But Charlie you are absolutely right. Rountree: I understand that they have been talking to St. Luke's myself and St. Luke's is not terribly receptive at this point. I just wanted to point that out I am working with them, I will try to get to some more concrete numbers and as I can run Jeff down, he is rather busy trying to open up that new facility and I don't think this is a real priority. They are interested in talking and he has spent considerable time with me. Morrow: From my perspective pursue it aggressively. Rountree: I will. I have some comments on this bid advertisement that Walt handed out last time and that is something I can get together with him, I will just give these to Walt. That is all I have. Corrie: Mr. Bentley? Bentley: (Inaudible) I have got a question concerning the utility impact fee tax that the Mayor passed out to us. I would like to know if anybody has thought about it. Morrow: The franchise fee? Rountree: I haven't given it any thought. Corrie: I would like to if we could perhaps put that on the agenda for the 23rd. Anything Meridian City Council April 2, 1996 Page 60 else Mr. Bentley? Bentley: I do think that somewhere down the line and I don't know whether plans have been set in motion or not on this but I think we have to take a look with the huge buildings we are now getting St. Luke's and some of the other places we are going to have to probably expand the fire department, the police department for. coverage. We can list maybe an option for it. We are sitting, I know we have an exchange agreement but Boise with their ladder trucks and stuff a 15 minute time to get here we are going to lose some major ground and some of these buildings and they don't have a place to even put a truck if we have something like that. So that is something that we have to take a look at. That is all I have. Corrie: Mr. Morrow? Morrow: A couple of things, one is Terry Little and I last week set up our appointment went out and reviewed John Shipley's issues with his driveway on South Locust Grove which is immediately south of and across from the Los Alamitos subdivision area. There was Terry, myself and Terry's assistant Ross. They will get back to me with some information as to what the district recommends. Both of them seem to be of the opinion that Mr. Shipley had a very legitimate complaint and it was a major problem for him. I simply said that form our standpoint in Meridian that we would welcome their input as to how to solve the problem and it is not a simple issue to resolve. It turns out it is pretty complex because the problem is the grade, he is below it there is a double grade out there plus the guardrail situation. There is some indicate that the existing guard rail is not up to current transportation specs plus it is difficult to construct because as it parallels the canal there is not much adjacent support in terms of the bank system. So that would cover that. The next question would be relative to the old school the issues there are that I wanted to ask Wayne what the status is now in terms of reactivating that file that we put on hold in I believe it was June for the Alidjani's to resolve their differences. Crookston: There was no action on it, I served a letter on Moe who picked it up at my office and I took it to Helen Alidjani which was basically a request to for back of a letter term fix the old school or that it would be condemned. That was basically put on hold because we really didn't know who we were dealing We could have dealt with either one of them but we needed to get something decided to go after it. It is my understanding that Helen Alidjani now has title to that school. Morrow: I would be prepared to move then that we reactivate that issue and press forward with getting that problem solved. Rountree: Second • Meridian City Council April 2, 1996 Page 61 Corrie: You heard the motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Morrow: My last question is with respect to IRS issues, where are we with that? (Inaudible) Crookston: I have not but I will do so. Morrow: Could we have a status report on that as soon as possible so we could keep on top of that issue and get is resolved for everybody? Corrie: So far we need (inaudible) what we are going to do on this. Anything else Walt? Wayne? Crookston: The only thing I have to say, sorry I didn't get the last set of findings of fact and donclusions of law done. I am afraid that time ran out. (Inaudible) Crookston: Actually working day and night since Thursday. Corrie: I know you worked hard over the weekend. Bentley: I have a couple more items. One on the 12th we are supposed to meet with the transportation people, ACHD, are you going to have that stuff together? Morrow: Gary and I have reviewed the minutes of the transportation meeting that was held the 4th of January, it is all acceptable, he is ready to basically publish those minutes discussing all of the transportation planning for our area. Corrie: Did everybody get a copy of that proposed agenda Gary? Okay Bentley: Secondly where are are we at with the property at Linder and Franklin? Morrow: The Johnny Booth property how could you forget. (Inaudible) Stiles: I have no idea where it is at. • Meridian City Council April 2, 1996 Page 62 Crookston: (Inaudible) Mr. Booth has a criminal complaint against him, it was ray understanding he was arrested did you know anything about that and I think that he did not show for his arraignment. (Inaudible) Crookston: I can find out the status of that. It was my understanding that he had been arrested and he had either bonded or he was released on his own recognizance but it was my understanding that he did not show for his arraignment and that may have been why he was arrested that you are talking about Dave. (Inaudible) Rountree: I don't know if everybody else received these Will did provide me with job duties and descriptions that were provided by Ada County on I think four or five job classifications. I related to Will I think this is a super format and this would be great if this is what the City would put together. It identifies essential functions, general information about the job, minimum qualifications, from that I think we can evaluate the positions and assign wage scales. I would make a motion or suggest or whatever you need that the City staff get going on preparing job descriptions or modifying the ones they have already done to meet this format. Morrow: I would yield to your expertise and second that. Corrie: Motion made by Mr. Rountree, second by Mr. Morrow any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Anybody else? I have two things, one Ron Tolsma, the Christmas Tree on top of the thing do you want to (inaudible) if you do the Fire Department said they would be happy to take all the lights down and so that you can paint it, if not they are going to take the lights down and then we need a stand made to tip it over so it is up to you what you want to do with that. Tolsma: (Inaudible) Corrie: So you want to paint it, okay so they will strip it off and you will paint it and they put the lights up. I have one other thing in reference to the letter from the Rural Fire Commissioners and I would like to suggest that each one of the Council members stop by my office. I would like to go over this point by point with you before you make any • • Meridian City Council April 2, 1996 Page 63 decisions on what is done here. At this point I won't say anything more about it, but I would like for you to stop by and see me about this. I will entertain a motion to adjourn. Bentley: So moved Rountree: Second Corrie: All those in favor say aye? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: f ~ f.., WILLIAM G. BERG, JR., C ERK APPROVED: • MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 2, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD MARCH 8, .1996: ~~`'rov~- MINUTES OF PREVIOUS MEETING HELD MARCH 19, 1996: ~p//ro~~` 1. TABLED MARCH 19, 1996: DEVELOPMENT AGREEMENT AND CC&R'S FOR SALMON RAPIDS SUBDIVISION BY MARTY GOLDSMITH: Gzp jarv ~.~ with ei,~ Q ffaz,Lcy ~L~e ve%o~v v~,!°~~~ 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR DOVE MEADOWS N0.2 SUBDIVISION BY DAVE LEA ER: Ye~c'ct -G/f r~ e/C ~~~ affB'~hu~ ,~v pr~~~e hew ~"' ~ ~~/G 3. PRELIMINARY PLAT FOR DOVE MEADOWS NO. SUBDIVISION BY DAVE LEADER; TABLED MARCH 5, 1996: fib/~ u~ti? ~~-; l l6'~ 1r1~16 ~~ 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORP. ;~~e u~,,~i7 /~tQ~ ? ~ J l ~Q~ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.5 BY STEINER DEVELOPMENT: Q,~o~orvve ~'/~ y'~/L as arnerzcle~L Q~,orv/2 de c ~~~`~ 6. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.5 BY STEINER DEVELOPMENT: ~~b/P until ~?~" 16~~/lfg6 /~f~. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS NO.2 BY BRIGHTON CORP.: amble Gt`iti7 ~pri l /li' ~~ / ~lr96 ~~> 8. PRELIMINARY PLAT FOR ASHFORD GREENS N0.2 BY BRIGHTON CORP.: ~icb/e c~h? f~,c~G /6~, t`~96 ~i~ 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REDONE TO C-N BY SMITH'S FOOD AND DRUG CENTER INC.: ~pprov~e. ~'l~ ~elC ap~prov$ deci~.`~ C'i~y ~c~fa~~ey ~ ~ay~e~c+~,~- ~c~a-xc~ 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: ~ppro~~ ~'/~ ~ c/L GGp~ro ~2 G1.QC/7i o-,v 11. ORDINANCE #727 -STEINER DEVELOPMENT ANNEXATION/.48 ACRES: ~pproV.L 12. ORDINANCE #728 -KENT Sz MARY BARNEY ANNEXATION: ~p~arove~ CITY OF MERID PUB IC MEETIN SIGN-U SHEET ~ ~?s-o7~z ~`/~h r ~///~~ MERIDIAN CITY COUNCIL MEETING: APRIL 2 1996 APPLICANT: ITEM NUMBER; 17 REQUEST; '~""°EWERITRASH DELINQUENCIES - VYA 1 GR/.7 AG N Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: n J MERIDIAN SCHOOL DISTRICT: ~ ~~ MERIDIAN POST OFFICE: ~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the Gity of Meridian. DELINQUENCY FOR APRII, TURNOFF SCHEDULED FOR 04/10/96 Come: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P.M. , 04/02/96, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 04/10/96, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. Corrie: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn off list is $21,Q55.55. 4 ACCOUNT # 1----30 1--170 1--460 1--890 1--930 1-1164 1-2020 1-2040 1-2420 1-3200 • DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 04/10/96 NAME & ADDRESS AMT: PAST DUE JOHN R. BEAUDOIN 61.90 713 MERIDIAN ST. RICHARD & KIMBERLY LOYA 83.70 721 3RD ST. W JOHN WARDLE 35.00 716 8TH ST. W STAN LANTZ 53.90 608 3RD ST. W MICHAEL STILES 63.80 223 BROADWAY AVE. W ROBERT FLATEN 44.00 48 IDAHO AVE. W. CHRISTOPHER ZEIGEN 206.40 309 IDAHO AVE. W DOUGLAS SERMONS 44.00 203 IDAHO AVE. W BARBARA HENDRICKS 92.00 1586 BIBBDICK ST. W MARYANN NEWICIRK 44.00 847 PINE AVE. W 1-3400 ROSALIE WILLIAMS 56.00 433 PINE AVE. W 1-3510 EARL & KATHLEEN BRINEGAR 189.20 205 PINE AVE. W 1-3660 SHELLIE FARRAND 70..40 411 MERIDIAN RD. 1-3670 SHELLIE A. FARRAND 53.90 403 MERIDIAN ST. 2--110 DAVID SANTISTEVAN 45.90 230 PINE AVE. W 2--402 ANDREW & DANITA LUBACKY 50.60 912 7TH AVE. NW 2--452 STEVEN & M. VAN QUILL 83.60 652 CRITERIOI~I ST. W 2--466 WILLIAM & KELLY VICK 73.70 673 APPLEGATE ST. W 2--486 THOMAS FISCHER 195.50 676 APPLEGATE ST. W 2--526 DAVID L. MOSSI 96.80 1032 8TH ST. W 2--650 AUSTIN L. YOUNG 60.80 906 10TH ST. W 2--670 AUSTIN L. YOUNG 77.00 916 10TH ST. W 2--860 DEAN ANDERSON 78.62 1442 STATE ST. W 2-950 RITCHIE & S. G.~YTHIWAITE 67.10 1442 STATE ST. W 2-1610 DENICE DESILET 110.30 1502 2ND. ST. W 2-1770 CHERRY LANE LAUNDROMAT 547.70 309 CHERRY LN. W 2-1860 H LARUE BEVINGTON 59.40 240 MAPLE AVE. W 2-1970 KERRY L CARSON 3 82.40 225 MAPLE AVE. W 2-2060 SCOTT FARMER 70.40 314 CAMELLIA AVE 2-2150 LOUD J NEAGLE 127.80 216 CHERRY AVE. 2-2160 LISA O'DELL 53.90 224 CHERRY AVE. 2-2180 DUWAIN SHEPARD 93.60 238 CHERRY AVE. 2-2190 JOSHUA THOMAS 80.40 312 CHERRY AVE. 2-2280 RICHARD SCHERER 116.60 201 CHERRY AVE. 2-2460 LISA L COX 44.00 1230 4TH ST. W 2-2500 ELLEN BAILEY 47.30 338 CHERRY AVE. 2-2550 PAUL PACK 73.90 1313 4TH ST. W 2-2602 MARK & CHERRI HILDEBRANDT 50.60 1406 MIDTOWN ST. N 2-3120 DAVID KELLEY 65.80 1303 7TH ST. W 2-3340 RICHARD POE 67.24 1115 6TH ST. W 2-3600 WILLIAM HUTCHINGS 51.90 309 WASHINGTON AVE. W 2-3660 LEONARD MCFADDEN 42.00 115 WASHINGTON AVE. W 2-3702 E.E. BRINEGAR 44.00 1635 MERIDIAN ST. 2-3952 GARY & NADINE GRIFFIN 44.00 1023 MERIDIAN ST. 2-4200 CLAUDE JAMES BLAKELY 59.60 1618 8TH ST. V6' 2-4590 JOHN CARNAIiAN 50.60 1231 13TH ST. W 2-4740 JUDY ALBRECHT 80.30 1406 14TH ST. W 2-4750 COLLEEN FiJ1~K 67.10 1414 14TH ST. W 2-4800 JUDY L. TODD 67.80 1400 NORTHGATE AVE. 2-5410 SHERRI ELIADES 46.60 1434 ELM PLACE 2-5670 JAMES R. RANSOM 70.50 1017 15TH AVE. W 2-5740 MONA NIlVIl~RO 50.60 1327 CARLTOI~ ST. W 2-5850 PHILLIP A DUPEROUZEL 55.20 1406 CARLTON ST. W 2-5890 KAY FEII, 38.00 1036 15TH AVE. W 2-5900 LISA M. HARVEY 65.50 1104 15TH AVE. W 2-5960 E. GAINES & R. SCHULER 88.70 1104 WASHINGTON PL. 2-6440 FREDRICK J. SHADDICK 100.10 1002 WASHINGTON DR. W 2-6770 DAN FRASIER 93.50 1180 STATE ST. W 3--54 RICK FISHER 76.90 705 AVERNATHY WY. N 3--318 KIlVIERY DECKER 62.40 694 ABERNATHY WY. N 3--362 GREG & NANCY HONO 63.80 1903 SNYDER DR. W 3--388 LESLIE BRUNTON 90.20 1968 SLATON DR. W 3--420 RICHARD THURBER 67.10 674 TALL PINE PL. N 3--508 JAMES SANDERS 47.30 882 TALL PINE PL. N 3-670 WAYNE HURRAY 90.20 1625 PINE AVE. W 4-1412 RODNEY & M. NAOMI PLUMLEY 63.80 2826 LEONARD CT. W 4-1438 KENT BARNEY 44.00 2960 SHERYL ST. W 4-1754 MARK PRYOR 67.10 2553 SHERYL ST. W 4-1866 RICARDO & DARLA CORTEZ 85.50 1378 RUTLEDGE AVE. N 4-1914 SYLEU SINGKHAOPET 95.15 1445 TOKAY WY. N 4-2280 STEVEN HAMMOND 73.70 1842 SONOMA DR. W 5--168 JACK & CONNIE KLAPWYK 60.50 3953 PARK CREEK DR. W 5--172 KATHLEEN LANGER 53.90 3992 THORN CREEK CT. W 5--190 JAMES & ADELE REED 96.80 3977 THORN CREEK CT. W 5--456 JAMES & KENNA MOORE 93.50 1390 DEEP CREEK WY. N 20-190 LINDA K WARD 42.40 1685 SLJNIlVIERTREE WY.N 20-1396 DAVID & MARITA OGII,SVEE 70.40 3300 WOODMONT DR. W 20-1846 MICKEY L. WARE 77.00 3721 SEA ISLAND CT. 20-2010 GARY & CHARLENE MII.LER 100.10 3 740 QUAKER RIDGE DR. 20-2054 FREDRICK C. HUTH 106.70 3419 SUGAR CREEK DR • • 21--28 DAVID L. KEMP 44.00 1860 KRISTEN WAY 21--38 BOB CHARTERS 50.60 1996 KRISTEN WAY 21--62 CINDY MCKAY 67.10 2246 LEANN WAY 21--66 ROBERT ATHAY 67.10 2288 LEANN WAY 21-506 KELLY & DEBBIE SAUREY 60.40 2846 QUARRYSTONE WY. N 21-1018 KENT BARNEY 70.40 2782 FIELDSTONE WY. N 21-1480 BETTS LESTER 74.10 ,2663 CHATEAU' DR. W 21-1770 YVONNE DESIND 119.90 1941 MARIANNA PL 21-1776 EARL FOREMAN 63.30 1920 TODD WAY 21-1894 CLINTON BA,RNHART 101.10 2580 MISTY DRIVE 21-1920 KONNEL & K. PETERSON 57.20 2512 REBECCA WAY 21-1928 BRUCE R BAILEY 103.40 2590 REBECCA WAY 21-2134 LARRY VAN SICKLE 50.60 2940 ANN ST. W 21-2192 THOMAS WEBER 75.10 3107 KANDICE ST. W s ~ } 21-2222 ROBERT & C. MORRISON 50.60 2824 KANDICE ST. W 21-2240 MIKE WARD 113.30 3020 KANDICE ST. W 21-2564 E.E. BUD BRINEGAR 25.00 2220 TEN MILE RD. N 21-2724 CHRIS & KRISTINE OLSEN 70.40 2431 STONE PL. N 21-2732 RON THURBER 63.80 2482 STONE PL. N 21-2758 MICHAEL & B. THOMPSON 67.10 2444 VICTOR WY. N 21-2768 RICHARD THLTRBER 54.60 2566 VICTOR WY. N 21-2920 KEVIN & BECKY CROFTS 236.60 2931 ELK STREAM ST. W 21-2932 PATTRIC & SUSAN BRIDGES 73.70 2938 ELK STREAM ST. W 21-3036 GERALDINE BARB 90.30 2991 RAVENHtJRST ST. W 21-3068 PATRICK & JUDY BOYDSTUN 53.90 2943 JOUST ST. W 21-3160 DOUGLAS & J.PETERSEN 60.50 3087 THAMES AVE. N 21-3296 DWAYNE & VICKI MORRISON 93.50 3037 HEARTH AVE. N 22-320 DOLPH & EII.EEN HITESMAN 65.30 1810 CHATEAU DR. W • 22-330 ELDON & LORI JONES 97.70 2312 MONACO WAY 22-338 JEFF R. BURROUGHS 83.70 1861 TRACY CT. 22-860 SUSAN E. TEATER 53.80 2234 KUBIK PL. N 22-914 JEAN RUCKER 103.40 2261 MONACO WAY 22-1004 BRUCE J. TRACKER 106.70 2115 ASTAIRE WY. N 22-1032 REN THOMPSON 70.40 2039 NYBORG WY. N 22-1066 PAUL LINEBERRY 65.50 2049 SPARLIKING PL. N 22-1256 JAMES & LORI WHITE 67.10 1918 WATERFALL AVE. N 22-1396 WILLIAM AVERY 96.80 1967 CAIRNS WAY 22-1412 MARTIN DUARTE 87.00 1803 MCGLINCHEY ST. W 22-1420 DUANE DAVENPORT 63.90 1719 MCGLINCHEY ST. W 22-1430 DOUG & SUSAN HUDSEN 70.40 1744 MCGLINCHEY ST. W 22-1482 LYLE D. ANDERSON 86.90 1723 SANDALWOOD DR. 22-1518 JAMES WOOSLEY 67.10 1942 SANDALWOOD DR. • 22-1524 CARL L. KOCH 67.20 1994 SANDALWOOD DR. 22-1540 ALAN & MARCELLA PAGE 77.00 1952 KINGSWOOD CT 22-1574 ROBERT D. TALBURT 60.50 1895- CHATEAU DR. W 22-1614 DONALD H. FISHER 60.50 1750 BEARDON CT. 31--8 DR. TINGEY & BRADY 114.40 1104 CHERRY LN. W 31-142 MARY VANDEVENTER 67.10 1330 YOST CT. W 31-206 CAL R. GOTHBERG 44.00 1933 13TH AVE. NW 31-478 ED 185.90 1532 SANDALWOOD DR. 31-520 BARBARA ROOT 44.00 1562 STOREY AVE. 31-538 ROBERT MII.LER 62.20 1521 KINGSWOOD AVE. 31-628 JAMES & LYNDA KOVACH 113.30 1319 NEWPORT DR. 31-732 WILIAM & SANDY PENDELTON 66.70 2132 NEWPORT DR. 31-734 RONALD PARKS 44.00 2207 FAIRWOOD DR. 31-862 BRYCE WALKER 118.90 1306 CHATEAU AVE. W 31-866 VICKEE K. CARSON POOLE 80.22 1328 CHATEAU AVE. W 31-880 DENIMS NICK 73.70 1512 CHATEAU AVE. W 31-1006 STEVEN SWEAT 44.00 1493 DARRAH DR 31-2300 DOUGLAS S. HALLOCK 76.92 1532 COWRY ST 31-2318 ROBERT EAGLE 83.15 1411 COWRY ST 31-3002 DAVE CHRISTENSEN 86.90 2240 NW 15TH ST 31-3018 FORREST F. SCHUSTER 113.30 2218 NW 14TH ST 31-3034 MARILYN EDWARDS 43.92 1311 W. CHATEAU AVE 31-3050 DEBRA FRENCH 103.40 1065 W. CHATEAU DR 31-3058 DOROTHY L. HARBOUR 86.82 940 W. CHATEAU DR 31-3230 STEPHEN M. WITT 77.00 2323 NW 11TH AVE 31-3232 JEFFREY HURRAY 71.30 2311 NW 11TH ST 31-3242 DAVID E. MCGOWAN 96.80 2211 NW 11TH ST 31-3272 KATHY NEWMAN 80.30 2095 NW 1 I TH AVE ~- 31-3294 ROD T. WERLE 122.70 1061 W. NEWPORT CT 31-3324 CHARLES AKE 58.90 971 DELMAR DR 31-3394 PHILIP R. CARROLL 72.70 1080 DELMAR DR. 31-3402 LYNN BASURA 44.00 2252 NW 11TH AVE 31-3458 DARRYL HOPKIIVS 140.60 2048 NW 9TH PL 31-3528 JACK TEATER 72.10 1938 NW 11TH AVE 32--444 MICHAEL & C. WARNER 49.70 2044 NW 8TH ST 32--458 THOMAS D. HORNS 67.10 2130 NW 8TH ST 32--486 KAREN OOLEY 60.50 2171 KENMERE DR 32--508 BRIGITTE STONE 65.40 626 MCGLINCHEY AVE 32--568 MELVIN & D. FISHER 60.50 620 CRESTMON'T CL. 32--622 SHERRI INGRAM 45.30 1940 CRESTMONT DR 32--656 H. LARUE BEVINGTON 77.00 467 CRAMMER DR 32--672 DOUGLAS & K. MCVEY 44.20 331 CRAMMER DR • 32--916 KATHLEEN & D. KIRSCHT 50.60 688 W. WILLOWBROOK DR 32--928 PHILIP BYRNE 90.20 2320 KENMERE DR 32-1100 JACK & R. BURTON 44.,00 330 W. CHRISFIELD DR 32-1678 STEVEN HEZELTINE 70.40 121 W. WATERBURY DR 33--348 KELLY BARTHOLOMEW 66.10 1990 N.MERIDIAN RD. 33-2278 RIK & C. LEWIS 80.30 2533 NARROW WOOD WY 33-7602 RICHARD GALLION 32.00 113 E. EASTBROOK CT 34--342 RONALD & T. DARCO 86.10 1686 JERICHO RD 34--354 ROBERT HYLTON 44.00 1812 JERICHO RD. 34--496 TIlVIOTHY LOVE 80.40 2089 N. SAPPHIRE PL 34--592 TODD & D. ELLIS 88.20 2328 N.AMETHYST AVE 34--886 ALLEN & K. DUREN 103.40 1021 E. GROUSE DR. 34--914 DONALD AMYX 83.60 1281 E. HiJNTER DR 34--994 DREW & V. MASON 50.60 2592 N.SHOVELER WY 34-1036 RONALD & M_ LANDON 82.10 1288 E. HUNTER DR 34-1770 WADE & W. DAMS 47.30 933 E. CHATEAU DR 34-1806 ERMINE DAMS 73.70 1014 CLAYBOURNE DR 34-1844 STEPHEN BUFFATT 203.60 2092 NE 10TH ST 34-1900 SANFORD E. GATES 44.00 2101 N. LARK PL 34-1976 MARJO LACROIX 90.30 1028 CLARENE ST 34-2122 GLEN SC~IlVIIDT 67.10 1920 TEARS AVE 34-2128 JON KNIGHT 215.60 1025 CLARENE ST 34-2802 BRETT & M. DUNSTAN 70.50 1316 E. RINGNECK CT 34-2810 PINE STREET DEVELOPMENT 63.80 1250 E. RINGNECK CT 42-1966 CLAY A. BARRY 69.50 1960 E.MEADOW WOOD ST 42-1978 DAVID & S. MORSE 54.00 1810 E. MEADOW WOOD ST 42-1990 JAMES PETTERSON 191.60 2215 N. MEADOWROSE PL 42-2096 DOUGLAS KALTENECKER 55.60 2224 N. WINGATE PL • ! 42-2252 BRAD L. MCKINLEY 80.30 2220 E. CHATEAU DR 42-2254 DUANE O'VERY 47.30 2198 E. CHATEAU DR 42-2404 PHOEBE ROSE 53.90 2277 N. LOCHNESS WY 42-2496 LESLIE SIEMON 103.40 1961 E. GLENLOCH ST 42-2530 KELLY & T. KILER 80.30 2031 E. LOCHMEADOW CT 42-2558 BOBBY HOWE 80.30 2194 E. LOCHMEADOW CT 42-2712 JERRY B. KNAPP 70.40 2581 N. LAUGHRIDGE AVE 42-2734 P.R. HARWARD 96.80 1818 E. GLENLOCH ST 42-2740 KEVIN BLAIR 44.00 1843 E. MEADOWGRASS CT 50---12 PAUL H. SMITH 46.00 29 E. STATE AVE 50---34 HUBERT HOLLOWAY 184.80 127 E. STATE ST 50--=54 ROBERT BURKETT 54.00 221 E. STATE AVE 50---72 JEROME W. ROE 53.90 930 E. 4TH ST 50---88 JAYNESUE DOWDY 51.90 934 E. 5TH ST 50---90 ROBERT HENDRY 80.30 515 E. STATE AVE 50--210 MIKE CLAUNCH 353.50 338 E. STATE AVE E-#2 50--354 DENNIS CARSTENSEN 78.15 416 E. CARLTON AVE 50-1676 MARVIN M. TAVARES 126.50 38 E. WASHINGTON AVE 50-1706 STEVE HUNT 80.22 16 E. WASHINGTON AVE 50-2106 RICHARD & P. ROBINSON 67.10 1278 N. STONEHENGE WY 50-2182 TARA STERLING 47.30 1106 E. ASHFORD ST 50-4326 FRED K. SPANGLER 24.00 942 E. PINE AVE 50-4478 MICHAEL R. COLEMAN 57.20 532 E. PINE AVE 50-4482 JOHNNY & H. MEYER 52.80 526 E. PINE AVE 50-4522 SHELBY UGARRIZA 77.00 412 E. PINE ST 50-4578 RONALD & J. LARSEN 77.00 214 E. PINE AVE 51--302 SHAGAY GREGORY 67.10 420 E. BROADWAY AVE 51--326 DAVID A. HAYMOND 44.00 318 E. BROADWAY AVE • • 51--354 AUDIO ELECTRONICS 44.00 722 E. 2ND ST 51--770 PATRICK KURDY 201.10 130 E. IDAHO AVE. 51-3198 STEVEN RYKER 53.90 216 E. 3RD ST 51-3222 RYAN WHITE 44.00 204 E. 2ND ST 51-3320 TIMOTHY P. ZIlVIlVIER 67.10 234 E. 2ND ST 51-3 820 JEFFREY L. CHANCE 96.90 342 E. 3RD ST 51-3990 DANNY W. FISHER 41.54 116 E. ADA ST 51-4170 HOWARD COLSON 44.00 435 E. 2ND ST 52--170 ZAMZOW'S 264.00 41 E. FRANKLIN RD. 65--240 RON LEA CONSTRUCTION 44.00 1712 E. TIlVIE ZONE DR 69--522 DOUGLAS PORTER 53.90 1118 E. PEACOCK ST 69--566 LAWRENCE & D. CHURCH 70.50 1035 E. SHEPHERD ST 69--568 ROGER & S. JUDGE 90.30 1107 E. SHEPHERD ST 69--608 STEVEN & C. MOREY 67.10 1807 S. SWAN AVE s . • 69-1388 LEROY & J. JENKINS 44.00 2300 SE 5TH WY 69-1590 M.PAUL & J. JONES 157.90 1706 SE 3RD WAY 72--164 LOUIE & J. BONFRISCO 182.60 1958 S. COVEY PL 74---18 ALFRED & J. HOCKLEY 57.50 43 SW 7TH AVE 74---80 RICK R. BURWELI; 74.50 513 KEARNEY PL 74---94 RANDY WINWOOD 152.10 671 PENNWOOD ST 74--354 MICHAEL & S.SAUNDERS 50.60 678 HANOVER CT 74--356 ERIC & M. ATKINSON 44.00 692 HANOVER CT 74--358 H.A.T. INVEST. CORP. 44.00 708 HANOVER CT 74--422 DENA CROASDALE 47.30 633 BARRETT ST 74--426 GLORIA LACY 70.40 623 BARRETT ST 74-1006 UNIVERSAL WOOD PROD. 108.00 225 W. FRANKLIN RD 74-2324 RALENE J. GREGORY 63.80 1125 CRESTWOOD DR 74-2348 S.R. SMITH 44.00 34 LYNWOOD CL. • s 74-2366 FRANK DODGE 106.70 1000 CRESTWOOD CL 74-2464 NEAL TOWN 66.10 1277 S. ASHLEE PL 74-2520 DAVID TOLAND 62._50 1395 W. KIlVIRA ST 74-2638 CARMEN BIRD 61.10 447 S. OUTFIII,D WY 74-2876 TRACY USSERY 86.90 1345 W.MERGANSER DR 74-2968 MICHAEL & S. PACKARD 89.80 1577 W. PINTAII. DR 74-3150 RICHARD & C. OLSON 80.30 996 W. EGRET` DR. 74-3170 REX & D. SIlNiVI5 57.20 1141 W. GREENHEAD ST 74-3216 STEVEN & R WII.LACY 57.90 926 W. GREENHEAD ST. 74-3248 RICHARD & K GARNER 80.00 495 S. PELICAN WY 74-3250 ROBERT & F. PENNER 76.90 519 S. PELICAN WY 74-3296 ROB & C. BIENAPFL 44.00 404 S. CANVASBACK WY 74-3308 WAIDE T. WOODLAND 57.20 1312 W. GREENHEAD DR 74-3352 JOHN & S. HOUSEL 96.80 1355 W. GANDER DR. Number of Turnoffse 262 Total dollar amount: $21,055.55 MERIDIAN CITY COUNCIL MEETING: APRIL 2 1996 APPLICANT: ITEM NUMBER; 16 REQUEST; MARTY HILL CHAIRMAN OF RURAL FIRE COMMISSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~"~ ~Y i'~,~'~ti All Materials presented at public meetings shall become property of the City of Meridian. • ce~l~e~ ~-fib ~i~~~ April 2, 1996 To: Meridian City Council From: Meridian Rural Fire Commissioners. Re: Meridian City/Rural Fire Department This letter is to inform you of recent changes in policy by the Meridian Rural Fire Commissioners. Due to the fact that the Meridian Rural fire Commissioners are evidently very hard of hearing and not able to understand the facts that have been stated, we will not only continue to tape our City/Rural Commission meetings, but starting with the April meeting we will start having the tapes transcribed. A copy will be given to the Council President for his review. We hope that by doing this it will help the Council understand more fully the discussion and items discussed at our meetings. The reason for this change became apparent when we were given to understand that the city had the ground for a new fire station. After researching this matter, it was found that not only does the city NOT have the ownership of this property but that the ground will not be turned over to the city for several more months. We also understood that the city would like to start construction on a new north-west area fire station in the spring of 1997. Since Meridian Rural Fire District is a 50/50 partner with the city, we feel we need to be included in any preliminary planning for facilities and time schedules. The Meridian Rural Fire Commissioners are not willing to have construction begin on an additional facility before Spring 1998. We feel there are many questions to be answered before construction begins, some of which are: 1. Agreement between the City of Meridian and the Rural Fire district on the size of the new facility. 2. How many additional full time firemen will be needed? 3. What additional firefighting equipment will be needed? 4. The cost of paving and landscaping? • 5. Furnishing the station with less expensive items than those recently purchased, for example: TV's,VCR's, recliners, etc., with representatives from both the city & Rural Fire District commissioners approving the selection. The Meridian Rural Fire Commissioners would like to have a council member in attendance at their meetings to avoid misunderstandings in the future and to alert the commission as to the thinking of the Meridian City Council. We feel that the City Council and Rural Fire Commissioners need to have a time set for a workshop so that these items and any other ideas either group may have concerning the City/Rural fire department can be discussed. We feel very strongly about these issues and if the city can't conduct it's affairs in this manner, we feel it may be in our and our taxpayers best interests to pursue other alternatives. Meridian Rural Fire District commissioners request a written response to this letter. Meridian Rural Fire District Commissioners GGtil1' arti Hill i C. Frank Jo son Charlie Stevens ORDINANCE NO. 728 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 of SECTION 3, T. 3N., R. 1 W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described 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 real property described as: A parcel of land being a portion of the Southeast Quarter of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho: thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, which is also the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at pages 7033 and 7034, North 88°55'29" West 1051.00 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence leaving said Northerly boundary, and continuing q ~ ~ G ~ 2 1 ~ along said Southerly boundary, North 88°55'29" West 270.64 feet to an iron pipe marking the Southwesterly corner of the' said Southeast Quarter of the Northeast ,-~. Quarter of Section 3 ; ~• ~-''~ '~" "~,",~ thence leaving said Southerly boundary, South 00°26'04" ;~,'. S 1 ~ :-' West 20.00 feet to a point on the Northerly boundary of ~~ ~~~~;~;Cf,G~~said Cherry Lane village No. 5; ~flt~~ ~{ ~;~. ~~ thence along the Northerly boundary of said Cherry Lane ^~ ~ ~~Village No. 5 the following courses and distances; ~. __.- __ _ `-,ice i l4- ANNEXATION ORDINANCE - BARNEY PAGE 1 • • thence South 88°55'29" East 70.42 feet to an iron pin; thence South 05°22'49" East 187.88 feet to an iron pin; thence South 88°16'49" East 181.64 feet to an iron pin; thence North 00°19'11" East 208.75 feet to the point of beginning, comprising 0.95 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow the residence that is already constructed on the premises to be consistent with the surrounding property which is R-4 single family dwelling units; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner changes the lay out of the property or by adding any residence to the property, have water and sewer line extended to serve the property and connect the residence to the Meridian Sewer and water if both have not already been done, dedicate any roadways which provide public access to the residence to the Ada County Highway District if not already done so, meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner. ANNEXATION ORDINANCE - BARNEY PAGE 2 :] Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2nd day of April, 1996. APPROVED: R -- ROBERT D. CORRIE \``\\Illttltttilr/JSr~ ATTEST : `~.~`~`\``~`~•` ~~~° ~~~~~p,~',/ 3~ ' ®~~, ~~ ~ o '~v.,""" ~'~~ CITY CLERK -- WILLI BERG, JR. -. fl UST t S'~ ~ *,;~ ,~ ~~ ''~/f-l1111 tt11Y\n\\\\ ANNEXATION ORDINANCE - BARNEY PAGE 3 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 of SECTION 3, T. 3N., R. 1 W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 727, by the City Council and Mayor of the City of Meridian, on the 2^'~ day of h~`~ 1996, as the same appears in my office. DATED this 2N9 day of /7;~/')'/ ~ , 1996. 7 ~y11i111tti111~ City Clerk, City e ~ ' (~ ~,b ;~,!r,,j Ada Count Idaho ~`~ '~` ~`''^ '~~*~ j' Y. ,~ G s~~jr~iT~~ ~ "~s ''y. ~~ 'a STATE OF IDAHO, ) % ~ ~r is~ ' ~'° County of Ada, ) ,/~~~~jr~i~slltt~l~~+4~\ On this ~ day of -ptpr~ ( 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN officia written. SEAL WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certificate first above *otttttnee~„~~ ~~' ~,. F ~ EC ~''-. G ~ ~ V s ,(~ /+~ ~ W ~ ~ ~~"~C fl © e ~ ~~ ~ _ g ~ `~ .e~ ~ E~ - N~ ~, ~. G~ r~ t ~~' ~ ' R ^~y`~ ~ ' MY i `J y'~I~ 64~~4~+q Public f r daho g at Me ian, Idaho .fission expires: c{ ?4-200© ANNEXATION ORDINANCE - BARNEY PAGE 4 i ° _~ L ;~.: ~;- - ~j.- ~~~ 'ON isiniaens V IT ,~~ ~. ,; , ' ----- __ " (.. ;' ~` ------ ~ --------- 3p1y~H . - ( _ Pte` ~ - jJy-1~, 4' ~'~., „ ~ ' ,: " ~_ ,. -- ` ~°'" ~ 1~-- :-~'" 3Jb'llln 3NVl ~lNli3 ~~"F e "~ 3 ' 1 ; _ ~ ~,_ ld 3 ' ~ ^`~`~bg8,'ON' Hl ~~, ~. --- --- i ' ' ,a/•/yo% 'M°bt,59.9®N ,= 2~,, 3Ntll ~_~'- _~ .~ ~ z bN1NM1°7341 ~ 1N14a1'IV~EI e8 ~,d;~, ~ - "` >~''••~ _ ~. ~JF13Li3H0 I -~~ ~ iv I ` ~. i 3 BZ~,'aN 37N~NICrAO NoLLV7i~NNV m 9I ~' 1 ° ea LI ~~ • t _ 1 ' E 1 . 9' I Ia eI ~._ '~ •b9'Ibl '~•b~!~1"BUI'y '~ -° _~ a' 3 1 ^ ' °° cI I • H ,ft8'L81 '~bb,t~°`~'y .Q ~ °_ ~ eI Vr 1 w • ~~~ ~, ~Zb'OL '~ebT4~89'$ •'J ~ a ca Ia " , ~ sp . ~~9 J9~~~ .)~1 .AMA 1u01~e1Ti oQ7 .! ~ ~ ° °° ; ® _` a -'~'- 1 ' ,r''04 fI /•r eanrl~e~.,l 'y 1 ° °° ~t~aro w • • • • 1l P _______ ,_ £ 'ON 3NHl ~ 1 ° ~~ :121213H0 lb' A7 {+~s :~Nb~ tiO ~~ ®3~1VI ° ~ Lc 3Hb'l 3Hl ~' e ~ ~ ~ ~- L ~\ ~ O• I9 • . • • • --- ° n ce ~ao~ , `~-- alma --^ ~""e.' -_ ~ " \ i ~ OT If al f19i i 9I LT __ eT er os Ia ~ . I e ~ . ~ . . . ., _ _ _ _-- I ~. ~ --=- .. - - -~,eu~-- - } j ~ _ . .~\ m. kl.~ m ' •l ~ ~ ~, ~• 11 ----~ ~ i. , ~` . \, x ~ °"°'~ '~ 05°1'oN - ~noy.d~cauu~/ II o ,• ~ r T Ill • : ~ ~ •=-, e ~` 1+. ~ t ,`_ .. ., ,, a~ ,~ ' _. ~.,; ~. ~a I N .~ ~. ~' ~ ,~, ~- ~ •` T 1 ':< ' .e ~~; ' ~ ! • ORDINANCE NO. 727 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 of SECTION 3, T. 3N., R. 1 W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described 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 real property described as: A parcel of land being a portion of the East-Half, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3, T. 3 N. , R.1 W. , B.M. , Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88°55'29" West 1321.64 feet to a 2" galvanized iron pipe marking the Southwest corner of the Southeast Quarter of the Northeast Quarter and the initial point of The Lake At Cherry Lane No. 3 Subdivision as filed for record in the Office of the Ada County Recorder, Boise,.. Idaho in Book 70 of plats at Pages 7167 and 7168, said iron pipe also being the REAL q Q ~ ~ [ i ~ POINT OF BEGINNING; ~ ~ thence leaving said Southerly boundary and along the ~~ =~: Westerly boundary of said Southeast Quarter of the "_ ~ . ~ , '~„F: -; Northeast Quarter of Section 3 and along the Easterly ~"' ` `" ' ~' `"'" boundary of said The Lake At Cherry Lane No. 3 ~~~~ ~~ Subdivision, North 0°26'04" East 269.93 (formally 269.70) ~a6 feet to a point; APR ~ P~ ~ ~_ thence leaving said Westerly boundary of the Southwest o(~ arter of the 'Northeast Quarter of Section 3 and the ~__ :~ -~' __.__ Easterly boundary of The Lake At Cherry Lane No. 3 ~~7cD „-; ;,; _" {. `; `:'_~~ ~; +: `" Subdivision, North 89°33'56" West 94.60 ( formally 94.59 ) feet to a point, ANNEXATION ORDINANCE - STEINER DEVELOPMENT PAGE 1 thence South 00°26'04" West 202.46 feet to a point; thence South 89°33'56" East 74.59 feet to a point; thence South 00°26'04" West 87.02 feet to an iron pin on the Southerly boundary of said The Lake At Cherry Lane No. 3 and the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at Pages 7033 and 7034; thence along said Southerly and Northerly boundaries, South 88°55'29" East 20.01 feet to an iron pin on the Easterly boundary of the Northwest Quarter of the Southeast Quarter of said Section 3; thence leaving said Northerly boundary of Cherry Lane Village No. 5 Subdivision and along said Easterly boundary, North 00°26'04" East 19.77 feet to the point of beginning, comprising 0.48 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow single family dwelling units to be constructed on the parcel which shall be constructed at a density not greater than four dwelling units per acre, which would be consistent with the development of the surrounding area; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner shall not plat the property as the other property in the area has been platted and the property shall become platted as a part of The Lake at Cherry Lane ~~ shall become a part of that subdivision when platted and it shall be designated on the plat that only single-family dwellings shall be allowed to be ANNEXATION ORDINANCE - STEINER DEVELOPMENT PAGE 2 • constructed on the land which shall not exceed the standards and requirements of the R-4 zone, construct water and sewer line extensions to serve the property, and construct streets to and within the property, meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3 . That the City Clerk shall cause one ( 1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2nd day of April, 1996. APPROVED: R -- ROBERT D. CORRIE ANNEXATION ORDINANCE - STEINER DEVELOPMENT PAGE 3 `\`yyyt~itrlllllllf~lFi/, ATTEST : ~~`` 1 .,,,,,._.,...,,~,~ °° ~, %, ,~: CITY C RK -- WILLIAM G. BE G, JR. ~ ,~:~ i ~ J rt) ~, .t / i y ~ / r ~c . .,~ STATE OF IDAHO,) ~~'~~h;;l;Il~yl;yyyy~y~ ss. County of Ada, I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THEE 1/2 of SECTION 3, T. 3N., R. 1 W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 727, by the Cit Council and Mayor of the City of Meridian, on the 2^~~ day of ~%% 1996, as the same appears in my office. DATED this Z hd, day of r7,G!`/ ~ 1996 . i~ZiGt~"-'~ 1 City Clerk, City of eri ian Ada Countxy,y~ytilda~p "~ <, ~' '~ ~ ~~; •, -_ ~.~~~s ~`~~lrrlltl rl!!~y'yyy ANNEXATION ORDINANCE - STEINER DEVELOPMENT PAGE 4 • STATE OF IDAHO,) ss. County of Ada, ) On this Z''~ day of ~A~~; ~ 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~a~n~~.~. ,~ ,° .~`'` P . F f C °'~ ~ '~` ~ ~~ ' SEAL a •'' ° ~ = Notar Public f Idaho ~ ~ ~~~ LAG ~ ~ ing at Meridian, Idaho a . ~ ~ My commission expires: ~(-Zq-Z000 ~' ANNEXATION ORDINANCE - STEINER DEVELOPMENT PAGE 5 ' E 'ON c~ ~_...-'~~ ~ -~: ~ ~ -I: _ , ~ 3 ;~\//. 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