HomeMy WebLinkAbout1996 08-20• •
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, AUGUST 20, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD AUGUST 6, 1996:
(APPROVED)
TABLED JULY 16, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION
BY BRIGHTON CORPORATION: (TABLED UNTIL NOVEMBER 19,
1996)
2. TABLED AUGUST 6, 1996: FINAL PLAT: CHAMBERLAIN ESTATES NO. 2
BY KEVIN HOWELL: (TABLED UNTIL SEPTEMBER 3, 1996)
3. TABLED AUGUST 6, 1996: REQUEST FOR A PRIVATE ROAD BY ST.
LUKE'S HOSPITAL: (TABLED UNTIL OCTOBER 1, 1996)
4. TABLED AUGUST 6, 1996: ORDINANCE #738 -AIR QUALITY ORDINANCE:
(APPROVED)
5. TABLED JUNE 4, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR ANNEXATION AND ZONING REQUEST FOR BALLANTYNE-
TROUTNER BUSINESS PARK BY JIM BALLANTYNE: (APPROVED
FINDINGS; CITY ATTORNEY TO PREPARE AN ORDINANCE)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY
JIM BALLANTYNE: (APPROVED FINDINGS; APPROVED
VARIANCE)
7. RESOLUTION #163 - HI~MICRO REVENUE BONDS: (APPROVED)
8: AMENDED ORDINANCE #649 -PUBLIC DISTURBANCE NOISES:
(APPROVED)
9. AMENDED ORDINANCE #3-101 -GENERAL LICENSE CONDITIONS:
(TABLED UNTIL SEPTEMBER 3, 1996)
10. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE
PERMIT TO TOM SCOTT AUTOMOTIVE BY ZAMZOWS: (APPROVED)
11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR SPORTSMAN
• •
POINTE SUBDIVISION NO. 5 BY GEM PARK II PARTNERSHIP:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
12. REQUEST FOR TEMPORARY CONSTRUCTION AND INFORMATION
CENTER TRAILER FOR THE LAKE AT CHERRY LANE N0. 5 BY
STEINER DEVELOPMENT: (APPROVED FOR ONE YEAR)
13. REQUEST FOR BEER LICENSE BY STEVE EDDY: (APPROVED)
14. REQUEST FOR BEER LICENSE BY KATHERINE PIKE: (APPROVED)
15. EMERGENCY DECLARATION FOR REHABILITATION OF WELL #9:
(APPROVED)
16. DAVE ROYLANCE: UPDATE ON RECORDING OF ENGLEWOOD CREEK
SUBDIVISION: (APRPOVE EXTENSION OF RECORDING OF
PLAT TO OCTOBER 15, 1996)
17. WHITESTONE DEVELOPMENT AGREEMET,LIFT STATION AGREEMENT
AND CC&R'S: (APPROVED SUBJECT TO CITY ATTORNEY'S
APPROVAL)
18. DEPARTMENT REPORTS:
A. CHIEF GORDON, POLICE CHIEF:
1. IMPOUNDING OF DOGS: (APPROVED RELEASE WITH CONDITIONS)
B. WALT MORROW, CITY COUNCILMAN:
1. GOLF COURSE UPDATE:
C. RON TOLSMA, CITY COUNCILMAN:
1. TULLEY PARK CONSTRUCTION:
D. MAYOR CORRIE:
1. TREE CITY, USA, TREE BOARD:
E. WAYNE CROOKSTON, CITY ATTORNEY:
1. LATE COMERS AGREEMENT WITH DAVE LEADER AND IDAHO
ATHLETIC CLUB: (APPROVED)
19. EXECUTIVE SESSION:
MERIDIAN CITY COUNCIL AUGUST 20, 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, Glenn Bentley, Charlie Rountree, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief
Gordon, David Costello, Jim Ballantyne, Dick Scott, Dale Newberry, Tim Hepper, Richard
Zamzow, Steve Bradbury, Greg Johnson, Dave Roylance:
MINUTES OF PREVIOUS MEETING HELD AUGUST 6, 1996:
Corrie: Any corrections or alterations to the minutes? Entertain a motion for their
acceptance as written.
Bentley: So moved
Rountree: Second
Corrie: Motion made and seconded the minutes of the previous meeting held August 6 be
approved as written, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: At this time I would like to break for just a bit from the agenda and I would like to
make a presentation if I might. As you know Tim Hepper has been a member of our
Planning and Zoning Commission for about 7 1/2 years. He decided he would like to retire
and do some other things besides working with the Planning Commission. We really
appreciate everything you have done for us Tim you have done an excellent job and I
would like to present you with this plaque. It says Tim Hepper Planning and Zoning
Commissioner presented in appreciation for your contribution of service to the City of
Meridian as Planning and Zoning Commissioner December of 1988 to July of 1996. Your
volunteered time and effort as a public servant and representative of the citizens of the
City of Meridian in this community is greatly appreciated. August 6, 1996.
ITEM #1: TABLED JULY 16,,1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON
CORPORATION:
Corrie: Council, we received in the mail that they would like to request that we table this
again for at least 3 months until the City has been able to resolve the issue of the
resolution with the irrigation ditches and tiling.
Morrow: Mr. Mayor, I would move that we table this to November 19.
Meridian City Council
August 20, 1996
Page 2
Tolsma: Second
Corrie: I have a motion by Mr. Morrow, second by Mr. Tolsma that we table the findings
of fact and conclusions of law for a variance request for Ashford Greens Subdivision until
November 19, 1996, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: TABLED AUGUST 6, 1996: FINAL PLAT: CHAMBERLAIN ESTATES NO. 2
BY KEVIN HOWELL:
Corrie: We also received a notification that they would like to have this tabled until
September 3 when they request additional time to redesign the final plat.
Rountree: Mr. Mayor, just a point of clarification, we also have a request to table item 3 on
the agenda. I would make a motion that we table items 2 and 3 on the agenda per request
for applicant that item 2 be rescheduled for September 3, 1996 and that item 3 be
rescheduled for October 1, 1996.
Morrow: Second
Corrie: Motion made and seconded on the items 2 and 3 to be tabled, number 2 to be
tabled to September 3, item 3 to be tabled to October 1, any further discussion? Hearing
none all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED AUGUST 6, 1996: ORDINANCE #738 - AlR QUALITY ORDINANCE:
Corrie: I believe Mr. Tolsma was asking about a sunset clause involved with it, it was
requested that I check with the Air Quality Board and Ada County APA and DEQ and SIP
plans for this. This is really going to take about ten years or more before all of this comes
about. It is really not a financial thing involved it is an involvement of the Air Quality and
APA and also the State Implementation Plan. What they are trying to do is so we don't
have to bring this up every four or five years and do it on a ten year basis or if there is no
sunset clause on it, it is still required by Federal law to do the air quality testing and the
board. So that is one of the reasons they asked that be dropped. Does that answer your
question significantly? Are you still confused?
Tolsma: (Inaudible)
Meridian City Council
August 20, 1996
Page 3
Corrie: It doesn't make any difference whether you put a time limit on it or not really. It is
just, they are going to require that it be continued on from the Federal Government
standpoint. It doesn't need a sunset clause really (inaudible). It doesn't require money
or anything it is just the fact that it is the Federal government mandating that we have the
Air Quality Board to keep the compliance of the Treasure Valley. The way the ordinance
reads at this time there is no sunset clause.
Morrow: I guess I would ask Mr. Tolsma how strong he feels about a sunset clause with
respect to this (inaudible).
Tolsma: Well if we have a sunset clause (inaudible) which in 1991 (inaudible) then it is not
required any more (inaudible) in Ada County for years because Gem County and Canyon
County and all of the surrounding counties which have none (inaudible) create more of the
pollution now than what the Ada County cars are creating because Ada County cars all
have to comply with the ordinance. So this is why (inaudible) needs a sunset clause in it.
Corrie: The effect does absolutely nothing for the state, all it does is bring it back to our
table and in ten years we have to do it again. It would have no bearing on the state. So if
the Council is comfortable with putting a sunset clause on it for ten years certainly can, we
would have to come back and look at it in ten but it wouldn't do any good as far as the
State is concerned.
Rountree: Mr. Mayor, I really don't see any need to sunset this and in fact it would save
having to retook at it in ten years. My suspicion is that it will probably need to be in effect
for a good deal of time exceeding the ten years.
Corrie: Basically also this has nothing to do with as far as Ada County and Canyon County
and Gem County is what they are doing and (inaudible) statewide program I hope but if
it is not they are doing some other things. The smog dog and cutting it back to two years
and testing. So I think what Mr. Tolsma is rightly concerned about is the public is foretold
what it is costing them here and they are trying to bring this back to like the first four years
of new cars there is no testing. And then the other is every other year or third year. So that
is primarily what they are after.
Rountree: I guess if one would reflect on the recent election the public indicated that they
saw a desire to maintain air quality in Ada County and voted in favor or maintaining the
inspection and maintenance program. So I would say that would be an indication there that
no sunset would be in order:
Bentley: Mr. Mayor I would move that the City of Meridian adopt Ordinance #738 without
the sunset clause and with suspension of the rules.
Meridian City Council
August 20, 1996
Page 4
Rountree: Second
Corrie: Motion is made and seconded that we adopt Ordinance #738 with suspension of
rules, any further discussion? Mr. Counselor one question do I need to read the title on
this again since it was read last time and tabled?
Crookston: Yes
Corrie: Okay, I will hold the motion until I read the title. ORDINANCE #738, AN
ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 7, CHAPTER 6, SECTION
6-12 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN,
RE-ENACTING TITLE 7, CHAPTER 6, SECTION 6-12 OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN
EFFECTIVE DATE. Is there anyone from the audience that would like to have this
Ordinance read in its entirety? Seeing none, we have a motion that Mr. Bentley has
presented that we accept ordinance #738 with suspension of rules and second by Mr.
Rountree, any further discussion? Roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Nay
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #5: TABLED JUNE 4, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR ANNEXATION AND ZONING REQUEST FOR BALLANTYNE-TROUTNER
BUSINESS PARK BY JIM BALLANTYNE:
Corrie: Council you have those findings of fact and conclusions of law, any discussion?
Morrow: Mr. Mayor, I have a question for the Counselor, we were talking on a couple of
different occasions concerning the easement situation with the road (inaudible) and I can't
in my review of this I could not find where that is discussed (inaudible) can you tell me
where that is discussed.
Crookston: Excuse me, it is not discussed because I think that came up after the hearings.
That was part of the plat, I don't think it was discussed as part of the annexation and
zoning.
Morrow: I thought that was part of the presentation for the secondary access (inaudible).
Crookston: I cant' totally disagree with you because it has been so long since we have had
it, we heard it on October 17, 1995. It could very well have been part of the presentation
Meridian City Council
August 20, 1996
Page 5
but I thought that was all part of the platting. I would have to go back and look at the
minutes that were done, prepared at the time that it was presented.
Rountree: On page 5 of the findings of fact item 6 indicates that was testified to by Mr.
Ballantyne that there be an easement a 50 foot easement on the Norm Fuller property.
Crookston: That was, excuse me Mr. Mayor, that was part of the application that would it
would have access along that 50 foot easement but I think that Mr. Morrow is talking about
additional things besides that statement from the applicant that they were going to be
using the property of Norman Fuller for access to Meridian Road. I think there were other
statements as far as the plat is concerned about that easement.
Morrow: I guess from my perspective, what I am really after here is that it is not in the
conclusions and it doesn't address. It was very critical for the emergency service folks and
the testimony was presented in terms of ingress and egress from two different locations
in terms of I thought as part of the annexation package and part of the plat package.
Basically these things have been (inaudible) and so I am not totally sure what all
(inaudible). Mr. Rountree has rightfully pointed out that it is here and in the findings of fact.
I could find no (inaudible) So I guess my question is that if that is not so then what should
happen if Mr. Fuller should decide (inaudible) that he wants to use that property for
something else and the easement disappears. It is a hypothetical situation but I am
concerned about that.
Crookston: If that occurred, there would be no access off of this property off of Meridian
Road whatsoever. I believe in the documents that were submitted with the application
though there is a consent from Mr. Fuller that be included in the annexation. I recall
reading that, I can't recall that he specifically said that he granted it to them for easement
purposes or not. Do you have a comment Ms. Stiles, it has been a while since I have
looked at these documents.
Stiles: Mr. Mayor and Council Norm Fuller did consent to the annexation of his entire
property as part of this annexation. I believe that even if the findings do not address that
particular issue it can be covered in the development agreement and is already a condition
of the preliminary plat which you will have on your agenda on September 3. You will not
be able to develop anything south of the Eight Mile lateral without that access in place.
Morrow: So I guess my question then Shari, you are totally comfortable that access is
(inaudible) is covered and that is not something that we have to be concerned about in the
future?
Stiles: I am satisfied that it is going to be taken care of.
Meridian City Council
August 20, 1996
Page 6
Corrie: Any further discussion of Council? I guess we are ready
Rountree: Mr. Mayor, I would move that the Meridian City Council adopts and approves
the findings of fact and conclusions.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that the Council of the City
of Meridian adopts and approves the findings of fact and conclusions, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree-Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, the City Council of the City of Meridian hereby decides that the
property set forth in the application for annexation and zoning should be annexed and
zoned under the conditions set forth in these findings of fact and conclusions of law.
Including that the applicant enter into a development agreement prior to the issuance of
any building permit. That if the applicant is not agreeable with these findings of fact and
conclusions and is not agreeable with entering into a development agreement the property
should not be annexed.
Tolsma: Second
Corrie: Motion by Mr. Morrow, second by Mr. Tolsma on the decision that was read, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I move that we instruct the City Attorney to prepare the appropriate.
annexation ordinance for this parcel of property.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE:
Meridian City Council
August 20, 1996
Page 7
Corrie: Council you have the variance for the culdesac block length and tiling of the
ditches and the placement of the fence inside the lateral easement findings of fact and
conclusions before you, any discussion? I will entertain a motion on the findings of fact.
Rountree: Mr. Mayor I move that the Meridian City Council hereby approves these findings
of fact and conclusions of law.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to accept the findings of fact
and conclusions of law, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: Motion for the decision?
Rountree: Mr. Mayor, I move that it is decided that the application should be granted for
a temporary variance to the maximum block length to the culdesac on southwest Third
Street, but fire hydrants must be placed according to Meridian Water Department
Superintendent. That the variance from 11-9-605 M tiling of ditches, to not the the Eight
Mile Lateral is hereby granted. That the variance to be allowed to place fence in the Eight
Mile Lateral easement is not granted or denied but the applicant shall not place fence
inside the easement for the Eight Mile Lateral unless it obtains a license agreement from
the Nampa and Meridian Irrigation District to do so. If such license agreement is not
obtained and submitted to the City then a variance should be granted.
Tolsma: Second
Corrie: Motion is made by Mr. Rountree, second by Mr. Tolsma on the decision,
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: RESOLUTION #163 - HI-MICRO REVENUE BONDS:
Bentley: Mr. Mayor, in the first paragraph there is a typo, it is missing a zero.
Corrie: Yes, that should be 5 million rather than 5 thousand, two zeros, three probably.
Meridian City Council
August 20, 1996
Page 8
Crookston: With that correction I think it is appropriate to pass the resolution and I will
make that correction.
Morrow: Mr. Mayor, I move that we adopt the Resolution No. 163 as amended.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we adopt Resolution #163
as amended, discussion?
Rountree: Mr. Mayor I have a question for the Economic Development Corporation, what,
where does this put the City, how does the City fit into this bonding situation. I have read
the ordinance but give me a lay persons explanation, maybe counselor.
Crookston: The Economic Development Corporation has passed a similar resolution. It is
required by the Economic Development Corporation statute that the City Council also
approve of the bond resolution which this is and that is what you are doing. The City of
Meridian has no financial obligation on this. The applicant Hi-Micro Tools has the
responsibility to repay the entire amount plus the interest. If for some reason they default
which they have not on their prior two bond issues, the City has no obligation to make the
payments or incur any other cost. The bond holders would be the parties who are out of
their funds if Hi-Micro for some reason defaulted.
Corrie: For those bonds if I am correct is First Security Bank backed?
Crookston: No, it is, Mr. Newberry would you like to answer that.
Newberry: The bank First Security Bank actually puts out a letter of credit to the bond
holders. So that letter of credit is really what is the basis of the bond holders security. So
First Security is standing in place of Hi-Micro to the bond holders. Our obligation is really
to First Security Bank. It is like a normal loan except that this one is an instrument of the
Federal Government to promote industrial development and through that give tax free
bonds to the bondholders. So it ends up, we are still responsible for the loans just like any
other loan and the bank is who we are responsible to.
Crookston: But the City of Meridian has no financial obligations for the bond whatsoever.
Newberry: None at all.
Crookston: The last I heard there is a small amount left to buy (inaudible)
• i
Meridian City Council
August 20, 1996
Page 9
Corrie: Any further discussion?
Rountree: No, that answers any questions and or comments that I wanted public. Thank
you.
Corrie: Roll call vote
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea,
ITEM #8: AMENDED ORDINANCE #649 -PUBLIC DISTURBANCE NOISES:
Corrie: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 8,
CHAPTER 16 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN, RE-ENACTING TITLE 8, CHAPTER 16 OF THE REVISED AND COMPILED
ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the
audience that would like to have Amended Ordinance #649 read in its entirety? Hearing
none I will entertain a motion on Amended Ordinance #649.
Rountree: Mr. Mayor, I move that we approve Amended Ordinance #649 with the
suspension of rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve Amended
Ordinance #649 with the suspension of rules, any further discussion?
Bentley: I have a question, does this affect the speedway in any way.
Morrow: As pertaining to Item B I think we have the same question.
Crookston: It does to the extent that the speedway initially had a noise problem but they
have complied with any requests of the City to stop as of 11:00 and that has been going
on fro 3 or 4 years something like that. This initial ordinance was passed this year . We
haven't had a problem with the speedway with noise for that number of years.
Bentley: If that is the case and the 11:00 has been in effect earlier in the year.
Crookston: Yes, the reason we are amending this ordinance is becuase the 11:00 to 6:00
A.M. was only in one of those provisions. I think it was in provision E, was it C, I can't
recall now. So what we did was we made all of the provisions to have to comply noises
that basically fall within A, B, C, D, E and F now have to meet the same thing as that one
Meridian City Council
August 20, 1996
Page 10
provision did have to comply and that is why we are amending it.
Corrie: Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree,-Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #9: AMENDED ORDINANCE #3-101 GENERAL LICENSE CONDITIONS:
Corrie: We have been requested by the Police Department that we hold that and table it
to September 3, it is the wrong ordinance wording on that one.
Morrow: So moved
Bentley: Second
Corrie: Motion by Mr. Morrow, second by Mr. Bentley that we table until September 3, any
further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE
PERMIT TO TOM SCOTT AUTOMOTIVE BY ZAMZOWS:
Corrie: Is there, I guess maybe we ought to have a representative from Zamzows here
and then Shari you can fill us in on some of the other things if we need to. I will open the
public hearing at this time.
Richard Zamzow, 11555 Thomas, Boise, was sworn by the City Attorney.
Zamzow: It is nice seeing you again, I thought I was all done with this the last time I came
in front of you. As it turned out the previous people felt that due to the length of time it took
to get the conditional use permit they sold all of their other vehicles and opened up
another lot in Spokane so they walked on me. Good thing I had an ace in the hole. Tom
Scott, a very reputable automotive dealership in Nampa Caldwell area requested to come
to Meridian with a Winnabago, new Winneabago and new or used cars with the service
station there. So it is basically the same request so tonight what we are asking for is just
a transfer of that from the previous applicant's to Tom Scott. Everything else they are
pretty much equal with the exception of one thing. I think we have the better citizen and
a good neighbor. One of their biggest concerns was that they felt welcome to the City of
Meridian City Council
August 20, 1996
Page 11
Meridian. We met with Shari Stiles and I believe that any of their doubts we have ironed
out. Now we just have to finish the landscaping. The bond is in effect, we would like to get
them moved in on the first of September and there is probably no reason why it can't be
done.
Crookston: Mr. Zamzow, is there a party from Tom Scott here?
Zamzow: Yes there is, Dick Scott is here, the General Manager.
Crookston: I think it would be appropriate for Mr. Scott to make a presentation to the City
Council if for no other reason to state that he has read the findings of fact and conclusions
of law and consents to them because there will not be new findings of fact and conclusions
of law. I think he has to agree and consent to those factors that were presented.
Zamzow: Wayne as a matter of fact one of the big issues that we had, that is the reason
that I called the meeting prior to sitting down with everybody and laid it out the conditions.
It is fairly clear but yes definitely I agree plus I think it will be a real honor for you to meet
him, he is a real nice guy. I am looking real forward to a relationship with him, I think he
will add a lot to the town. I kind of checked him out real close over there and they seem
to run a pretty good outfit. So I don't know if you would buy a used car from that guy or
not.
Corrie: Does anybody from the Council have have questions for Mr. Zamzow? Thank you
Rick, I would invite a representative from Tom Scott.
Richard Scott, 1035 Park Hill, Boise, was sworn by the City Attorney.
Scott: As Rick said we want to come to you town. We do want to feel welcome, we never
want to be in dire straits with the City. We, I operate Tom Scott. Honda in Caldwell and we
acquired Winnebago about 2 years ago from our sister store in Nampa. It takes more room
than I have so we are looking to expand a little bit. It is pretty simple, it is a new
Winnebago franchise, we will have used recreational vehicles which I mean motor homes
there is not four wheelers or motorcycles. We are not doing that it is motor home, travel
trailer is our main goal, retail sales and service and there will be parts.
Crookston: Do you consent to be bound by the findings of fact and conclusions of law that
were prepared for the alliance conditional use permit which Mr. Zamzow was a co-
applicant of?
Scott: Yes
Meridian City Council
August 20, 1996
Page 12
Corrie: Any questions?
Morrow: I guess my only comment, you were talking about a service of a motor home
service facility also?
Scott: That is correct.
Morrow: That is not something that we have here and I think that is beneficial to our
community as well as a legitimate sales dealership so I think that works pretty well for us.
We need something like that.
Scott: We look forward to bringing here.
Corrie: Any further comments? Anybody else from the public that would like to enter
testimony at this time?
Steve Bradbury, 300 North 6th Street, Boise, was sworn by the City Attorney.
Bradbury: Mr. Mayor and members of the Council, I really didn't intend to give any
testimony I, just kind of a house cleaning matter, I read through Shari's comments and
have discussed those with my client. I should probably say I have been asked to represent
Zamzows in connection with this application and their other plans for the property. I-just
wanted to ask Shari on comment 2, you reference Meridian Road, should that be E. 1st
Street?
Stiles: Yes
Bradbury: That is all I had, I just wanted clarification on that. Thank you very much.
Corrie: Anyone else from the audience that would like to enter testimony on this request
for transfer? Council, discussion, questions of staff?
Rountree: I have a question for Shari, have your concerns and issues in your August 16
letter been addressed by the findings of fact and your discussion with the applicant?
Stiles: I believe provided that the applicant agrees to these conditions and has no problem
with them. I don't know that they have been specifically addressed yet but they are just
talking about the transfer for the existing conditional use and they understand that they will
have to come back in for another conditional use for any expansion of that use.
Rountree: I guess just here from the record that the applicant understand that there would
Meridian City Council
August 20, 1996
Page 13
be an additional conditional use permit for expansion, lots of head nodding.
Bradbury: For the record we have had discussions with Shari and understand that any
expansion on the property would be subject to the City's conditional use process. And I
guess I can go further and say as we understand the comments that are here and the
conditions we have no problems with them.
Currie: Thank you, I might add that I was sitting in on that meeting with Rick and Scott and
they did understand all that you were asking for. Any further discussion, hearing none
will close the public hearing.
Morrow: Mr. Mayor, I would move that we approve the transfer of the conditional use
permit for the auto sales lot auto repair shop Advantage Sales to Tom Scott and Rick
Zamzow subject to the conditions of the original findings of fact and conclusions of law and
any staff conditions.
Bentley: Second
Currie: Motion made by Mr. Morrow, second by Mr. Bentley to request of the transfer of
conditional use permit to be approved, any further discussion? All those in favor of the
motion as stated? Opposed?
MOTION CARRIED: All Yea
ITEM #11: PUBLIC HEARING: REQUEST FOR VARIANCE FOR SPORTSMAN POINTE
SUBDIVISION N0. 5 BY GEM PARK.II PARTNERSHIP:
Currie: At this time I will open the public hearing and invite the representative from
Sportsman Pointe Subdivision No. 5 to come forward.
Greg Johnson, 2433 CanAda Road, Melba, was sworn by the City Attorney.
Johnson: We are requesting a variance for the extension of Sportsman Pointe No. 5 final
plat. There are a couple reasons that this plat has taken longer than ordinary. Originally
this phase was phase No. 4 it was exchanged for the phase that was filed as phase 4 in
order to provide sewer down Locust Grove for subdivisions that we are developing down
there. So that probably pushed it back 8 months or so from when we originally planned
on recording. Then phase 4 of Sportsman 4 was a large plat of 64 lots and took a little
longer to market than we had originally anticipated. We did submit things to the City in
March of this year and have been processing though those as rapidly as possible. Every
department was busy as we went through each stage and it took longer than we
•
Meridian City Council
August 20, 1996
Page 14
anticipated. The plat is signed by ACRD it is sitting at the Department of Health waiting for
the City to call and say the plat is, that it is a current plat and they can sign that and then
it will come to the City of Meridian for signature. All plans and designs have been
approved and we are waiting for a preconstruction meeting at this time.
Corrie: Questions from Council?
Bentley: Mr. Mayor, what length of extension are we looking at?
Johnson: Do we go back to the expiration date? Have we requested a one year or a six
month, I can't remember. We anticipate getting it done this fall, we want to get it done this
fall but we have asked fora one year so we don't have any problems.
Morrow: I think partially to answer Mr. Bentley's question is point of order would be one
year from the expiration date that would be consistent with what we have done in the past.
Bentley: Thank you.
Corrie: Any other questions? Anybody else from the public that would tike to enter
testimony for (inaudible) Sportsman Pointe No. 5? Council?
Morrow: Mr. Mayor, I have questions of staff, Gary and. Shari, you have comments or
concerns here?
Smith: Mr. Mayor and Council members I don't think I have any concerns. Mr. Johnson is
correct, it did take a while getting things through. (End of Tape) anxious to start his
development out there. I didn't know whether we could have apre-construction meeting
ahead of the findings of fact being approved if they authorized to be drawn tonight or not.
That would be a question that I would ask of you.
Crookston: There. is nothing in the ordinance that speaks to apre-construction meeting
before or after the findings of fact whether it be for a variance or whether it be for the
annexation and zoning. I think that is totally within the control of the City and if your
department wants to do it it is very appropriate. to have the pre-construction meeting. The
findings are not approved but if you want to go through with that meeting not knowing
whether or not the variance would be approved that is totally within your decision. There
is nothing in our ordinance which speaks to that.
Smith: Well the only thing that I was referring to was that there isn't supposed to be any
improvements made upon the land until the final plat is approved by the Council.
•
Meridian City Council
August 20, 1996
Page 15
Crookston: That is true
Smith: The final plat has been approved but the length of time to record the final plat has
been
Crookston: I thought we were talking about a preconstruction meeting not doing the actual
improvements.
Smith: When they do the pre-construction meeting they next day they start construction
of the improvements, maybe not the next day but within several days. The construction
of the improvements of the subdivision begin after the preconstruction meeting is held.
Pre-construction meeting is held after the plans have been approved. The plans have been
approved so I just wanted to be clear (inaudible)
Crookston: I think the City Council could direct me to prepare findings of fact an
conclusions of law and they could direct that those reflect that the application be approved.
And that basically would be a decision, the findings of fact will be done to meet that
decision.
Smith: That clarifies it.
Morrow: Mr. Mayor, for further clarification Gary from my perspective I don't have a
problem with this variance and I would vote in favor or granting the variance and going
with the findings of fact and a recommendation that they be approved. Word of caution
however would be that certainly Greg would understand on a pre-con and pre-start that
the risk is his until the next meeting comes about the 3rd of September when those
findings of fact would be formally approved. You have a very small window there of risk
and Mr. Johnson would b taking that risk although I don't visualize it to be much of a risk.
Smith: Thank you
Corrie: Any further discussion? I would entertain a motion for findings of fact and
conclusions of law be drawn, I will close the public hearing.
Morrow: Mr. Mayor, I would move that we draw findings of fact and conclusions of law for
the variance for the extension of the plat to April 1997 and that those findings of fact and
conclusions recommend a favorable passage of that variance.
Bentley: Second
Corrie: Motion made and seconded by Mr. Morrow and Mr. Bentley, any further
Meridian City Council
August 20, 1996
Page 16
discussion? Hearing none all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: REQUEST FOR TEMPORARY CONSTRUCTION AND INFORMATION
CENTER TRAILER FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER
DEVELOPMENT:
Campbell: What we are requesting here is temporary construction trailer, information.
center at the golf course. We are asking for a one year condition permit. All the information
on the site is listed in the letter that was submitted on August 16. If you have any
questions (inaudible)
Corrie: Any questions of the applicant Doug Campbell?
Rountree: I have a question about the site you selected or the lot you selected to put this
one. As I recall that is the phase that you are going to advance and part of that phase of
this is an enclosed community with fence and landscaping and this seems to me that it
might be building yourself into a box or you are not anticipating doing some of those
things.
Campbell: We will be doing these things we just feel that this will be the last phase of the
development and that is what we figured it would be out of the way on that lot. We will be
doing the west part of the property first, the boulevard on the west side of the property and
this trailer site won't be developed until the Spring of next year. So we will have the
models built in the back and. we will have the trailer off of the lot.
Rountree: The access to that site then will be from the gated community?
Campbell: Well the access from the site is going to be from Ten Mile as it stands now once
we go in there and get the models built on the west side of the property we will be pulling
this trailer out. It is just going to be like I say I am asking for one year permit. By the time
we get going in there and cutting the streets this center will be out.
Morrow: I think I am confused would you say that again please?
Campbell: We are developing the boulevard and the west property of the subdivision, the
74 lots on the west. Next Spring we will start developing the senior project which is in
green, cutting the streets. At that point we will have models up in the back and we will
move our information into a completed home.
Meridian City Council
August 20, 1996
Page 17
Morrow: I got you, you wilt have models in the single family stuff and you will have your
information center in that location. Which would be a typical sales information office in a
subdivision.
Campbell: Correct, we are just basically going to run some information center, hopefully
to boost some sales back from the golf course and to run our construction for the dirt work
that we are going to be starting here hopefully in six weeks.
Corrie: Any further questions? Thank you Doug.
Morrow: Mr. Mayor, I would move that we grant the request for the temporary construction
and information center trailer for the Lake at Cherry Lane No. 5 by Steiner Development
for a one year period from todays date.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that. we approve the request
for a temporary construction and information center for the Lake at Cherry Lane No. 5 for
one year from this date, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: REQUEST FOR BEER LICENSE BY STEVE EDDY:
Corrie: Is Mr. Eddy here tonight? Does he know he was supposed to be here or do we
need to have him here Chief? You don't think it is necessary. Chief do you have any
comments on this request?
Gordon: I find no reason why a beer license should not be approved (inaudible) Chevron
station at Fred Meyer.
Crookston: Is this for beer only or does it include wine?
Corrie: It is beer only, no restaurant just beer. Any other questions from Council?
Morrow: Mr. Mayor I would move that we approve the beer license as requested by Steve
Eddy.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the request
Meridian City Council
August 20, 1996
Page 18
~..
for beer license for Steve Eddy, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: REQUEST FOR BEER LICENSE BY KATHERINE PIKE:
Corrie: Chief, any comments?
Gordon: Mr. Mayor and Council this request is for a beer license for a restaurant within the
Idaho Athletic Club. I went out and talked to Katherine Pike today and they serve
sandwiches and also soup. They will be closed, the latest they will be open is 9 o'clock
and that is only during the handball tournaments. Most of the time they will be closed, by
8 o'clock at night. I have no reason not to approve this license.
Corrie: Questions from Council? Entertain a motion.
Bentley: So moved
Tolsma: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that the request for beer
license by Katherine Pike be approved, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: EMERGENCY DECLARATION FOR REHABILITATION OF WELL #9:
Corrie: Mr. Smith?
Smith: Mayor and Council the request here is to get Well #9 back in operation as soon as
possible and the first thing that we would like to do is drill a test well to monitor the
subsurface geologic conditions and the aquifers. I am not sure of the amount of money
that is going to be spent but I would request an emergency declaration on this because
of our existing water supply situation. We are keeping up but my superintendent informs
me that if we have a well go down it could cause us some real concerns. So I want to
pursue this with as much speed as possible to get Well No. 9 back in operation. It is still
going to take some time and I would be surprised if I was able to do anything with it before
summer was over. But if we follow the normal sequence of events and getting bid
documents together and so forth to bid the project then we are going to lose several
months just getting to that point of selecting someone to do the work. That is the reason
for my request of the emergency declaration.
Meridian City Council
August 20, 1996
Page 19
Morrow: Mr. Mayor, I would move that we grant the emergency declaration for Well No,.
9 rehab.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we declare the emergency
and have the rehabilitation of Well No. 9 proceed, any further discussion? All those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #16: DAVE ROYLANCE: UPDATE ON RECORDING OF ENGLEWOOD CREEK
SUBDIVISION:
Roylance: I will make this brief, Mr. Mayor and Council members for the record I am Dave
Roylance, I am a civil engineer representing the applicant Ray Patel. As you know
Meridian City has given the developer a time specific to get this plat under construction
this project and get the plat recorded. That date is September 3 of this year 1996. Here is
the. status, the project is currently under construction and has been for about 6 weeks.
Construction is proceeding right now without delay. The sewer is in, the water is about
90% in and should be completed this week the water in the interior then they will construct
the water on Ustick and they will go right to the storm drain and right to the road. So that
is underway and has been for something like 6 weeks. All agency approvals have been
secured and all agencies did require significant or reasonably significant revisions to the
plans. So it wasn't just a rubber stamp process. Therefore the time, the agency approvals
that we now have and all of them are ACHD, DEQ, Central District Health Department,
Nampa Meridian Irrigation District, Army Corps of Engineers, Bureau of Reclamation,
Boise Project border control, Meridian Water Department, Meridian Public Works, Meridian
City Engineer, and the Meridian City Clerk as far as bonding, letters of credit and so forth
for street lights and landscaping and so forth. The final plat as been signed by Gary Smith
and was delivered down today to John Priester the Ada County Engineer. So it is at last
out of your hair. Mr. Priester the County Engineer is the last stop on the tour, he is the
County Engineer, the last guy. His review is typically pretty generic, he looks for
misclosures of the boundary and there had better not be one now. He looks for lot
closures, he looks for state code requirements that are very usually very fast. It typically
takes him longer to get to the plat and review it than it does to review it. Then he goes into
the field to see that the pins are there. Again his time frame for reviewing it and signing
it as usual is out of our control. It is out of your shop and into his and it should be
happening very soon. Are there any questions?
Morrow: So I guess the question here in my mind David is are you indicating that can be
Meridian City Council
August 20, 1996
Page 20
done by September 3 or cannot be done by September 3?
Roylance: Well I can't really say when he is going to get to it Walt, actually I would guess
that he probably wouldn't by September 3. They have had staff changes down there, they
lost one engineer, it took them awhile to replace that guy. They are running about a month
behind is my experience. I can call down and ask for a favor and he might grant and he
might not. I think the important thing Walt, I know that was a date specific, 1 know you want
to be done, finished with this project. The good news is it is out of your hair it is out this
City. Every agency has done it this is just waiting for our time to come up in the key. My
best guess is that it probably won't by September 3.
Corrie: Any questions?
Morrow: I have questions of staff, Gary and Shari some advice here? Do you think it is
necessary for us to do a formal extension for Mr. Priesters work or are you comfortable
leaving the September 3 date as the date.
Smith: I guess Councilman Morrow, Mayor and Council that the project is under
construction the plat is out of the City and it is in John Priester's office and it is when he
gets it done is when Dave is going to get it to record it. I think his is the last signature on
the sheet that needs to be obtained. I guess it is just a matter of when that all happens
that the plat will be recorded. I am not sure that it is, I guess technically it was to be
recorded by September 3, but as Dave's suspicion is it probably won't be but I guess it
would be done within a week thereof and so I don't know if that answers what you are
asking but it will happen and it will happen as soon as the plat is signed by the County
Engineer and Dave gets it for recording. Obviously the developer has a lot of money into
the ground and he is not going to be able to do anything until the plat is recorded.
Morrow: Thank you, Mr. Mayor I would like to ask the same question of Counselor.
Crookston: I think it is appropriate to put a date as to when it as to be done by because
if there isn't we may be back here in 6 months or a year. I think there needs to be a date
on it and if it is not done by that time then it needs to be brought up to the Council again
and if it is desire to go longer than the time period that you grant I think the applicant has
the, duty to bring it forward to the City. If there is no time period we are not abiding by our
ordinance at all.
Morrow: I guess what I would do then is I would move that we extend the time for the final
plat recording of Englewood Creek Subdivision to October 15, 1996 which would be our
second meeting in October.
Meridian City Council
August 20, 1996
Page 21
Rountree: Second
r:
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we extend the date to
October 15, 1996, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #17: WHITESTONE DEVELOPMENT AGREEMENT, LIFT STATION AGREEMENT,
AND CC&R'S:
Corrie: Mr. Crookston?
Crookston: Thank you Mr. Mayor, I have been working on these for a substantial period
of time. I have been dealing with the developer's attorney. We had it pretty well worked
out, I got some comments back from Gary Smith that I think are very appropriate and I
have requested those to be changed. I have faxed that over to Mr. Snider, I faxed it to him
on Friday, his secretary told me that he was not in on Friday and would not be in until
today. I didn't hear anything from him but if those changes are not a problem for them I
don't see that there will be a problem in having those executed but I think that we need to
have those changes.
Corrie: Okay, discussion of Council?
Morrow: I guess my only question would be to the Counselor,. are the changes significant
enough that we need to review them as a Council in our next meeting or is that something
that are easy enough to do that we could approve them subject to your agreement?
Crookston: That is what you did previously, the only significant change is the increase of
the monthly fee that the developer and eventually the homeowners association has to pay
for maintaining the lift station and that was up to $366 to $240, that is the only significant
change that I can recall. Shari did you have a comment?
Smith: I think the cost went from $266 to $340 per month. The reason it did is because in
talking to our waste water superintendent he is planning on making two trips to the lift
stations when his swing station comes on duty October 1st. So we would be making two
trips per day to each lift station, one in the morning and one in the late evening. I have
talked with the applicant and told him that we will monitor those costs and they can be
.adjusted accordingly up or down. That is a provision of the agreement also that can
happen.
Crookston: I did have a discussion with the developer on yesterday afternoon and he told
Meridian City Council
August 20, 1996
Page 22
me, I told him that increase in the fees. He questioned it but said if that is what it costs that
is what it costs and I will sign all the documents is what he told me. I think it would be
appropriate to approve of the documents subject to my approval and then have the Mayor
and City Clerk sign them.
Morrow: Mr. Mayor, I would move that the City Council approve the development
agreement and the lift station agreement and CC8~R's subject to the approval and consent
of City Attorney Crookston, also authorize the Mayor to sign and the Clerk to attest those
specific agreements.
Bentley: Second
Corrie: Motion made by Mr. Morrow second by Mr. Bentley that the Whitestone
development agreement and lift station agreement and the CC&R's be approved
conditioned on the City Attorney and that the Mayor and City Clerk sign and attest after his
approval, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #18: DEPARTMENT REPORTS:
Corrie: Chief?
Gordon: Mr. Mayor and Council, I have one issue which is a continuation of the issue that
I brought up last time about the dogs. We still have the dogs out at the pound, the owner
of the dogs has complied with all of my requests and would like the one animal returned
to him. This is the letter he provided me today which he purchased a dog run, has installed
it, fixed his fence and has also contacted the neighbors. I will give you just a minute to
read that. My contacts .with the owner of the dogs has been very positive. I have no
reason to believe that he will not comply with what he has agreed to here. He has taken
substantial steps in eliminating the problem and I am sure that he will continue to do so.
So I -guess what 1 am asking for the Council to do is tell me to release the animals or
continue on with what I have got.
Bentley: I have a question, this is new to me, why would this be a Council decision?
Gordon: The animals were running loose and had killed 3 cats. For me to destroy the
animals I needed the Council to declare them a public nuisance.
Crookston: The dogs also chased after a lady, I believed bit the lady or at least bit one
child.
Meridian City Council
August 20, 1996
Page 23
Gordon: I didn't have any dog bites out of this, it was close, but they were after the one
lady. Nobody was actually bit, he plans on not even taking one of the dogs home but
taking it down to the Idaho Humane Society for adoption.
Crookston: Excuse me Chief, Mr. Mayor and Council, is there going to be any checking
up that these things are done? That this other dog is taken to the pound?
Gordon: I imagine I could, like I say my contacts with the owner have all been positive and
I don't think he would have any problem with that. I am sure that they will give him a
receipt for the animal when he takes it to the pound, I can request that.
Crookston: I think it would be appropriate to have a time period when he has to get that
done.
Gordon: If it is not in the letter he expressed to me that he was going to d that immediately
upon picking up the animal and taking him straight down.
Bentley: Which dog is he going to keep?
Gordon: The Dalmatian.
Bentley: Which one, killed the cats?
Gordon: I think it was a combination of the two without getting into gory details they were
both as guilty as either one.
Bentley: Which one went after the lady?
Gordon: Both of them, they were on her front porch after her cat when she came out and
tried to get them off: I don't know if they were after her or after the cat but she barely got
back into the house. The Dalmatian he has had at some time and the other dog he just
recently acquired within the last year or so. He said there was no problem until the two
of them got together and I guess the pack mentality took over at that time.
Crookston: The other dog is a German Shepherd.
Rountree: As I recall there were several citations issued in this instance and the owner
had walked on one and there was supposedly a warrant out on it and what is the status
of the citations and would the City be reimbursed their cost for dealing with this kind of
issue by the property owner?
•
Meridian City Council
August 20, 1996
Page 24
Gordon: Yes sir, the original citation which the owner failed to appear on has been taken
care of. The other two I haven't checked on them recently but he assured me he would
take care of those. He expressed a confusion as to just how quick this thing got out of
hand- and he admitted he didn't realize that it was as serious as it actually was. But after
talking to some of the neighbors I think he understands now. He is a homeowner, he
doesn't plan on leaving. He would like to make amends and stay where he is at.
Rountree: Have you heard any comments from the homeowners?
Gordon: No sir I have not. This would be in the follow up.
Crookston: I talked to one of the owners of a cat that had been killed and at that time I told
her that the dogs were in the pound and it was my understanding they were going to be
held until today. Then this other matter where the owner has expressed his concern and
sorrow as have the owners of the cat expressed it. But she wanted to see something done
is what she stated to me.
Gordon: The ordinance allows me to charge for five days boarding on the dogs and
anything after that would be at my discretion. I have already informed him that he is going
to have to pay the 5 days boarding fee. The first time we impounded the animals he paid
the fine at that time for the dogs running at large plus had to license both animals. The
fine this time doubles and the boarding for five days would be on both animals and he has
agreed to pay those.
Morrow: (Inaudible)
Gordon: Yes sir I do
Morrow: Can we not collect for the total boarding cost.
Gordon: The ordinance only allows for the five days. I was required to do something with
the animals at the end of the five day period. Had it been a normal situation then that
would have been all that I would have kept the ,dogs. This being extraordinary
circumstances I chose to keep them longer than that but that was after talking with Council
that was my decision not his.
Morrow: Mr. Mayor I have a question for Counselor, I realize that there is a civil position
here with the neighbors and or insurance companies can deal with the issue. I guess my
concern is that if we sign off on this particular deal and let's say that it goes south and
something happens again then we put the City of liability.
•
Meridian City Council
August 20, 1996
Page 25
Crookston: We certainly have exposure as we do in everything that we do. It would
depend on the facts of the situation. If let's say we didn't follow up and he was not allowed
to but did keep both dogs and they did do the same things that they had been doing then
the City does have I assume a fair amount of liability but it doesn't mean that there would
be judgement rendered. There would probably have to be a trial but we do have exposure.
Bentley: With my line of work I have a great deal of dealings with dogs and I have found
that once you have encountered dogs of aggressive behavior that you are sort of stuck
with them. I have a real problem with releasing the dog. I feel for the owner of the dog but
there are kids involved, you have the risk of somebody leaving the gate open, somebody
forgetting to close the pen. The real possibility of the aggressive dog being loose again.
That was my question for Council too is what Walt asked is what is our liability aspect of
it. I would have a problem releasing the dog.
Crookston: I do have to say this Councilman Bentley that if the City desires to exterminate
the dogs we would have to give notification of that to Mr. Mace and we would have to have
a hearing on it. There would have to be a decision then by the Council after they heard
whatever evidence was presented by Mr. Mace and was presented by either myself or
Chief Gordon.
Rountree: So what you are saying then this is just a status report of what the situation is
other than if we are desirous to let the matter go then we can act on it tonight.
Crookston: That is true, if you desire to do what Chief Gordon said you could do that. I
think that there are some concerns that there need to be some conditions placed on it such
as making sure that the one dog is taken to the pound and that it is handled. I don't know
that it is wise to take him, I think anybody that purchases the dog that is taken to the pound
and the pound needs to be informed as to what has gone on so that they can inform any
perspective purchaser as to what has happened.
Corrie: Would ,that be our responsibility to see that is done (inaudible) owners
responsibility.
Crookston: I think it is the owners responsibility but I think that we have a responsibility to
ascertain that it has been done.
Tolsma: Could we have the one dog taken to the pound and all the papers signed by the
pound saying they have received the dog before we release the Dalmatian back to this Mr.
Mace?
Gordon: Mr. Mayor and Councilman Tolsma, I think the Council can make any stipulations
Meridian City Council
August 20, 1996
Page 26
that it sees fit. Correct me if I am wrong Counselor.
Crookston: I think that is basically correct if he deems that what the City is requesting is
too much I think he has the right to request a hearing and have the Council here his
presentation of evidence and have a presentation of evidence by the City and then the
Council makes a decision after hearing the evidence.
Corrie: So if that stipulation was made that Mr. Tolsma suggested then (inaudible) before
the Dalmatian was released because it would take a day to get the dog out (inaudible at
least one full day if he agreed to that.
Crookston: Yes
Corrie: So we are not going to get any more money for impounding that then the 5 days
according to the ordinance but we will satisfy the fact the German Shepherd is taken to the
Humane Society wherever that goes with the letter of what happened and before we
release the Dalmatian to him and then with the stipulation that he has to fulfill everything
is (inaudible)
Crookston: I think that is very appropriate. He needs to be asked if he would stipulate to
that and (inaudible).
Bentley: I would say if we could set the stipulations then we ought to recoup all the time
the dogs have spent in the kennel up until the time the dog was released if if indeed is
going to be released. The expense was brought upon by the dog owner not by the City
trying to protect.
Corrie: And he may agree with that, I don't know. What I am hearing counselor saying is
if he doesn't agree to it then has come back and he can be heard.
Bentley: That is fine he can be heard but if we have the right to set the conditions for the
release of the dog then we should have the right to recoup the losses of the City.
Crookston: Councilman Bentley and Mr. Mayor, our ordinance says we can do it for 5
days, the dog was maintained at the request of Chief Gordon for very good reasons. I
don't have any problem whatsoever in asking Mr. Mace to pay, but if he says no I am not
going to I think it is very difficult to say he has to because of the way our ordinance reads.
Bentley: Then I think there is another ordinance for you to work out.
Crookston: That may very well be if that is what the Council desires, I have no problem
Meridian City Council
August 20, 1996
Page 27
with that.
l~J
Bentley: I don't think it is right that the citizens have to pay for boarding somebody else's
dog.
Rountree: Mr. Mayor, I guess either from Chief Gordon or Counselor it is my recollection
that we took action to declare these animals a nuisance, did we not?
Gordon: No sir Councilman Rountree, that was mentioned last time but the Council did not
act on it at that time. I believe the decision then was to give me an opportunity to contact
the owner. At that time I had not talked to him.
Morrow: Mr. Rountree, I believe the option in terms of the nuisance was that we had to
(inaudible) put down (inaudible).
Gordon: I might add the victims, the owners of the cats do not wish that the animals be
destroyed. That is not their issue. I understand that there is some civil action pending by
one of the cat owners but that would be separate from whatever we do.
Corrie: Anyone prepared to make a motion at this time.
Tolsma: Mr. Mayor I would move that we release the dalmatian to the Maces' after the
German Shepherd is taken to the pound and a release is signed by the pound saying they
have acquired the animal and that the animal or people that adopt the German Shepherd
would be made aware of why the dog is there and what has transpired in the past.
Morrow: Mr. Tolsma, would that motion include the stipulation that the Maces' would be
excluded from repurchase of the dog?
Tolsma: Yes
Morrow: Second
Corrie: Motion made by Mr. Tolsma, second by Mr. Morrow, is there any further
discussion? All those in favor? Opposed?
MOTION CARRIED: 3 Yea, 1 Nay
Corrie: Okay Chief if you would see that the proper papers are signed and make sure
everybody understands (inaudible). Mr. Smith?
Meridian City Council
August 20, 1996
Page 28
Smith: I don't have anything this evening Mr. Mayor.
Corrie: Mr. Crookston, late comers?
•
Crookston: The only comment that I have is approximately a month ago we received a
letter from Nampa Meridian Irrigation District desiring to meet regarding what happens
when the City requests a water way be tiled. Is there any desire to meet with Nampa
Meridian. I can inform you that I have met with them and their position on how they deal
with the water way when the City states that it has to be tiled is that they state that they
deal with it under the factual circumstances of each water way. They may require it to be,
the easement to be graveled, they may require it to be fenced. They may not request that
the ditch even be tiled. I think it makes very good sense to meet with Nampa Meridian, I
do have to say that they only meet themselves in the day time. If we met over there with
a quorum we would have to have a special notice and we would have to state that we
were meeting over there. We would not have to do that if only the Mayor and two council,
but I think it would be appropriate to meet with them and try and get this resolved if we
can. (End of Tape)
Morrow: (Inaudible) part of our discussion in our strategic planning meeting and a topic
that I have and that we will be talking about is that we had talked as a City about putting
together a temporary committee that incorporated some of the development community,
engineering community, probably 4 or 5 folk and a City councilman or two and maybe it
makes a certain amount of sense to what we were seeking was some input from the
development community as to how we ought to go about doing the tiling ordinance and the
location of ditches and so on and so forth and trying to deal with this inconsistency with
Nampa Meridian. It may make a certain amount of sense to put together a committee and
include a representative from Nampa Meridian as on that committee so they can get a feel
for the problems that we have to deal with that they may be creating by not having some
sort of set standard. It seems to me like we certainly need to incorporate Nampa Meridian
into the solution of this problem. We also need to get our hands around what the
particular issues are. It is difficult to do that, to come to a solution for us in the City and the
private sector only to have Nampa Meridian not on board with the ultimate solution. so it
seems to me like we ought to have some contact with them, maybe we have contact with
their board after we have done a couple of preliminary work sessions with the City and the
development community.
Corrie: Do you feel that they would come to any conclusions as far as our problems are
concerned?
Morrow: I don't know, I think that we have got to incorporate I think we have got to ask
them to be there so that at least they have an understanding of what our problems are I
•
Meridian City Council
August 20, 1996
Page 29
know that historically irrigation companies are probably the eighth most immobile objects
on the earth but I think that we have an obligation to at least make them aware of what our
troubles are and how much their current policy causes (inaudible) tax payer in general and
I would hope that ultimately that would lead to some help from them in terms of some sort
of set standard (inaudible) some sort of conditions that we could identify and under those
conditions we kind of have a feel for what the solution to the problem might be. I don't
know, it is a tough issue. (Inaudible)
Corrie: (Inaudible)
Morrow: I don't think we are going to do anything about it until we get through the budget
process over the next couple of weeks. Obviously under my part of department reports I
was going to discuss that as an agenda item that might be better on our September
strategic planning meeting as opposed to the stuff that we are trying to do now.
Corrie: We need to get the budget out of there.
Morrow: The truth of the matter is we are buried for the next two weeks trying to get all of
that stuff done. I don't think it is practical to try to attack and issue that large in such a short
period of time.
Smith: Mr. Mayor, I know that the Commissioner at the Nampa Meridian Irrigation District
are rely quite heavily on input from their superintendent John Anderson. Any decision that
they would make as far as policy is concerned I am sure would carry or would be reliant
upon information from John Anderson. I just wonder if he should be involved in the
meeting with whomever the Council would put together as a committee to discuss this so
when it was taken to them they would have or John Anderson's input would be involved
or his comments would be involved in any kind of a recommendation.
Morrow: I think, from my perspective the answer is that you involved John Anderson or
maybe Bill .Henson or maybe John Anderson and one of the commissioners such as our
own resident commissioner Leonard Aschenbrenner. I think they have to be part of the
solution or we are not going to get anything solved.
Crookston: Mr. Mayor, may I make a short comment, I think that we need to have a letter
go out in response to their letter to us stating basically what we have talked about. Do you
desire me to do that?
Morrow: I would be supportive of that, and make a motion that we instruct the City Attorney
to communicate by letter to Nampa Meridian, our desire to meet with them and to include
them in a committee to discuss the issues concerning ditches and development and other
i
Meridian City Council
August 20, 1996
Page 30
pertinent information.
Bentley: Second
•
Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to have the attorney draw up
the letter, any further discussion?
Crookston: Just a comment, you desire to meet with them after October 1?
Morrow: That would be my preference.
Cowie: Hearing no farther discussion, all those in favor? Opposed?
MOTION CARRIED: All Yea
Cowie: On the late comers agreement, did you want to discuss that at all tonight on Leader
and the athletic club and the sewer?
Crookston: Yes, that agreement has finally been done, Mr. Leader asked me to fax to him
a copy of the agreement which I have done. I have talked John Wardle from the Idaho
Athletic Club. After Chamber today he very much appreciated that it was done. Some of
the problems with it getting it done were in relationship to how the fees were being
charged and who was being charged. But, much of the delay was I put other things in
front of it but it is done now and it is ready for them to sign.. Bruce Freckleton has
approved it and that is why I have given it Mr. Leader and to John Wardle. It needs to be
approved for by the Council because it is an agreement and to approve the signature by
the Mayor and attesting by the City Clerk.
Morrow: Questions Mr. Mayor, with respect to a motion concerning that, is the late comers
agreement between Idaho Athletic Club and David Leader?
Crookston: The parties are the City, Idaho Athletic Club and Dave Leader. The
approximate percentages of the cost, the City had about 16%, Dave Leader had about
59% and I can't subtract well in my head is 24.5%.
Morrow: Alright, so the issue there is that those three would be the recipients of the late
comers fees that (inaudible)
Crookston: That is correct, the Idaho Athletic Club would pay the City and Dave Leader,
people who bought on their land Dave Leader would pay the City and the Idaho Athletic
club. The City gets paid no matter who pays.
•
Meridian City Council
August 20, 1996
Page 31
•
Morrow: Well with that I would move that we approve the late comers agreement between
David Leader and his company Idaho Athletic Club and the Wardles and that we authorize
the Mayor to sign and the Clerk to attest that agreement.
Rountree: Second
Corrie: Mgtion made by Mr. Morrow, second by Mr. Rountree that we approve the late
comers agreement and the Mayor to sign and the City Clerk to attest, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Is that all Mr. Crookston?
Crookston: That is all thank you.
Corrie: Mr. Morrow?
Morrow: Yes Mr. Mayor I would like to at this time request an executive session to deal
with a personnel issue.
Corrie: Do you want to do it now or go through and finish up what we have and then do
it?
Morrow: My preference would be to do it now.
Corrie: I need a motion to do that if you want to do that at this time.
Morrow: Mr. Mayor I would move that we go into executive session to discuss personnel
issues.
Rountree: Second
Corrie: Motion made and seconded, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
EXECUTIVE SESSION
Corrie: I call the meeting back to order, we are coming back from executive session we
discussed two items, the time is 10:35. The two items we discussed as far as legal back
•
Meridian City Council
August 20, 1996
Page 32
up for occupancy permits also we discussed ethics in government (inaudible).
Morrow: Mr. Mayor the remaining issues that I would have is that I would ask at last City
Council meeting there was some inquiry about where we are at the golf course and our
project. I would ask Will to make five copies of this, 6 copies of this real quickly and give
each on of those copies. In the meantime we will discuss on our strategic planning meeting
for next Tuesday we have a 15 minute presentation by the job corp, we have a 15 minute
presentation by the Blue Cross folk. We will be talking a little bit about the sewer and
water hook up rates. A little more discussion with respect to the Nampa and Meridian tiling
ordinance, we pretty much talked about that tonight. Shari had a Capital Improvements
Plan issue that she wanted to talk about, she is already gone. I don't know if she is aware
for that. We will have, we have begin preliminary discussions talking about Council
President term limits and Vice President and so on and so forth. We can continue that
conversation, we can talk a little bit about an ethics ordinance and .that would conclude the
things that we would be discussing there. The other thing that I wanted to follow up on is
we had a meeting with Tom McGregor concerning the old sewer plant. The two weeks is
up he was going to report back to us in two weeks from the date of that meeting. My
question is have we heard back from Tom with any information of any kind?
Corrie: No we haven't and I will follow up on that in the morning if you would like.
Morrow: Would you please because we talked, I believe our meeting with him was on the
24th of July.
Corrie: You are right, I will follow up with him.
Morrow: So we need to reschedule another meeting with Tom concerning that issue. As
soon as we have the copies, oh we had in our box there was a letter from G.L. Voigt,
apparently they were thinking they are on the August 20 agenda according to their letter
dated August 8, were they notified that they were not on our agenda for tonight? Okay,
I will briefly walk you through, this is pretty .much to day where we are at with the expense
of the expansion of the golf course the nine holes. As you can see irrigation equipment
this is a current expense of $72,715, greens construction $98,529, irrigation system
$69,000, pump system $18,399 and $14,900 we are using the $14,900, the pump house
the Bob Frost bid that you approved at our last council meeting $7,170, pond pipeline
$37,947, $39,830 and $33,208. Cloverdale Nursery is the one doing that also with, it was
reduced by virtue of a donation. Fairway prep/seeding $4050, seed $8,462, electrical
$1300, rough grading $18,500, canal culverts $2000, culvert head walls $2500, expected
additional cost main line fitting is $900, irrigation pipe tees $200, winterization
maintenance is $500, boundary (inaudible) pump screening $3,024, lateral upsizing from
2 inch to 3 inch pipe $4572, we also a notation on the bottom on Monday we approved a
~.
Meridian City Council
August 20, 1996
Page 33
not to exceed $1500 quote for Round Up to deal with issues concerning Canadian thistle
and some other weeds that are in trouble there. We also would be asking Will to notify
both the Campbell project and the Turnbull Ashford Greens project if they would spray
their weeds or control their weeds. Now it is my understanding that on Monday the
Campbell project was in fact cutting their weeds but we need to do a follow up there so
those weeds don't impact our seeding. At any rate our total expected cost at this point is
$348,768 plus the $1500 the contingency fee of 3% would represent $359,231 plus the
$1500 would make it $360,731 for that construction. To bring you up to speed with where
the construction is currently at we anticipate being able to do the first seeding on a motion
of the golf course labor day, the weekend of labor day, the week of labor day. We would
be watering that with the second seeding on the balance of the golf course to come
towards the ends of September prior to October 1. Revenues in terms of our working
budget a lot of impact fee, that it is the 555 lots at $650 each is $360,750. The golf course
fund is $24,671, we do have some minor expenses to come out of that. The White Reidal
property $7,800 which was provided by Janice. The Marshall property fees which we are
still trying to determine through the City Treasurer the exact amount. Memory by Mr.
Kingsford was that they were about $1800. The total revenue that we have for expenses
at this time is $395,021. So as you can see at the present time we are both on time, on
grade and on budget. We will bring this project at what we projected and so barring
anything in terms of a major problem that at this point we have not discovered we have
had some minor problems with conflicting surveys that are being dealt with as we speak.
So that would bring all of you up to speed as to where we are on the golf course expansion
and that we will in fact be able to accomplish what we said we were going to accomplish
at the price we said we were going accomplish it. So, I would open myself to any
questions that any of you might have concerning any of those items.
Bentley: Walt, alternative budget no. 2, what is (inaudible)
Morrow: Alternative budget number 2 (inaudible) we have been using this format for
generating budget numbers as we have gone along through the process. This is the final
format that (inaudible) we had one four weeks ago.
Crookston: What is, I can't recall it has been some time, but do we have anything in writing
on the payment of the lot fees?
Morrow: Anything in writing on the paymen# of the lot fees?
Crookston: Isn't that something that the developers involved agreed to pay? Do we have
anything in writing?
Morrow: I think the writing of the lot fees (inaudible) two years ago or so is that they were
• •
Meridian City Council
August 20, 1996
Page 34
collected at the point of building permit pick up and that the lot fee would be adjusted each
year by the City Council to incorporate the interest for the year. If the lot fee was not paid
there would be no building permit issued.
Crookston: I just can't recall if we had an agreement with the individual developers
because if not we need one.
Corrie: You don't have one with Ashford, with Turnbull. We have, I talked with Doug,
Steiner, they have it on their CC&R's that there is a fee. Ashford Greens does not have
any agreement of any kind on their part.
Morrow: How did we structure the fee that we collect from the building department in the
first place?
Crookston: I would have to go back and look at the record.
Corrie: I don't remember either, I was just trying to think of how it came about. I am sure
we had to have something but I don't recall anything on agreements other than a verbal
with the Mayor. I know the White and Marshall and that was just, (inaudible) nothing in
writing. That is why Marshall hasn't given us any more than he has, he says I don't have
to. The present owner of the estates out there, Golf View Estates, he was concerned
about that already.
Morrow: I guess the issue that we need to research with respect to those fees is that was
it done the same way that the impact fee where ACHD has done and the impact fee for the
parks and recreation. I don't know that you need an agreement with the developer when
in fact the fee is tied to a lot. The developer, unless he happened to be the builder of a
project would have no interest in paying the fee.
Crookston: They wouldn't pay but it would just be an agreement that would be recorded
that says how the fee is done and how it is increased. Apparently it was done in one set
of CC&R's but we need to make sure that is on record so we can go back and say pay up.
Morrow: If you are not issuing the building permit without the payment.
Crookston: I think we need an agreement that says we can do that.
Morrow: I think what you need to do is research what was done originally 3 years ago and
find out what was done. I can't answer that.
Corrie: Well we need something because if somebody comes back and says well that is
i •
Meridian City Council
August 20, 1996
Page 35
not tied up as far as Council hasn't made any decision other than just said that is what it
is going to be. We need to, we are talking 8% interest on those 555 lots over a five year
period. At the end of 6 years 8% is $555,000
Morrow: Not its not.
Corrie: Yes it is, I already have it worked out on the computer, I will show you where it is.
But let's not argue that tonight, 8% over 5 years for $360 in the bank is $555,000 believe
me it is compounded in that way. I don't want to get into that now, what I am really
concerned about is how we go about it at the Council to make sure we get that money with
the building permits (inaudible)
Morrow: The issue was that the interest that would be charged on those lots would be the
same interest rate that we would be receiving on the money invested at whatever it is we
are getting on our CD's now.
Corrie: It wasn't CD's it is the prime rate.
Morrow: The interest rate that we are getting and that can vary from year to year, this year
it is 5% or 5.5 or whatever it is.
Corrie: Well prime is 8, it is a set prime rate.
Morrow: Prime rate now is 5.25
Corrie: That is not prime rate for the bank, prime rate for the bank, I guess that all depends
on what you are talking prime rate.
Morrow: National prime rate, prime lending rate.
Corrie: Well whatever, we can get that, we need to go back and look at those records and
look at exactly how we planned to put that as a building permit phase and everybody
knows that when they build out there that is part of it along with the impact fees and all.
They should be aware of that.
Crookston: All I am concerned is to make sure that we have the ability to collect those lot
fees so that
Morrow: (Inaudible) late comers agreement?
Crookston: I am like you Walt I have to go back and research it.
•
Meridian City Council
August 20, 1996
Page 36
Morrow: The answer to your question is that you need to research that then. Any other
questions?
Rountree: Everything is contracted at this point?
Morrow: Yes that is correct, everything is contracted and mostly under construction. I think
the pump house construction if my memory serves me correct starts a week from
yesterday. That is the (inaudible) hasn't already been started. I think Brad and I discussed
that (inaudible)
Corrie: Anything else Walt? Mr. Bentley?
Bentley: Yes, I have a couple of things, one for the Chief, before Planning & Zoning pretty
quick is coming up a request to build a tower out by the Coca-Cola plant for purpose of
cellular phones. Is that a high enough site to where it may benefit putting our repeater out
there for the police?
Gordon: No sir it is probably shorter than we (inaudible)
Bentley: Okay, have we don't anything with getting a hold of the one over here in
Glenfield and talked to them about it.
Gordon: I have Bob Engels (inaudible) he can tell me how high (Inaudible) That is the one
I have been looking at. Secondly, at APA yesterday they have updated (inaudible) I have
a copy of it and I know Walt probably does too if anybody wants a copy of it. It looks like
they moved some of projects around a little bit. That is all I have got.
Corrie: Charlie?
Rountree: Two things, I have and Wayne has also reviewed a proposed agreement with
St. Luke's of their facility or grounds for recreation. I have some concerns with what I have
read and I will take those up with Marshall Baker. Hopefully be on line for consideration
of that with consideration of our budget depending on what our revenues look like. Also,
I was asked to do a little leg work on lease rental, lease purchase kinds of things. I have
been successful in talking to GSA and have been playing phone tag with the Department
of Administration with the State for about a week now. I don't know when that will end. But
GSA's position on Rental of property for Federal agencies it is really simple. If federal
agencies cannot get in their capital budget monies to build a building GSA builds buildings
and leases them to federal agencies. They are getting into more and more lease purchase
arrangements at the federal government level where they can in order to I guess build
equity in these buildings by paying lease and then exercising their option at the end of the
•
Meridian City Council
August 20, 1996
Page 37
lease. But, there is no formula, there is no regulation, there are no specific guidelines,
think it is a matter of space needs and the charter of GSA to provide or procure for federal
agencies so they are empowered to build buildings as long as they can find tenants.
Federal agencies apparently can budget the lease payments as operating budget and not
capital expenditures which is typical of most governmental entities and get around their
space requirements that way. I think Department of Ad is going to tell me the same thing
but I am hoping that individual will be able to come and talk to us and give us maybe a little
run down on what they may be doing with the Department of Employment over here in the
Nahas Development.
Morrow: Which would be a great example for us.
Corrie: Charlie in reference to that you may know Alan Quinteri, I had asked you to talk to
him.
Rountree: You gave me, CSHQA, the architects.
Corrie: He mentioned to me that they would like to talk to you that they have talked about
it and they would like to finance it themselves. They would like to do it and talk to you, he
was talking that they even have the possibility of some sites that they would like to talk
to you about. So I said talk to Charlie he is the one that is behind this.
Rountree: I have them on my list, I also have another consortium of folks that apparently
do this as a business venture for the federal government.
Morrow: I think I might add there with my (inaudible) they go out to bid and the amount of
(inaudible) substantial there is a great response within the private sector for these kinds
of projects. Obviously (inaudible) once we got a concept together and the parameters we
want. Based on the last 2 federal projects that I am familiar with (inaudible) pretty
aggressive bidding by upwards of a dozen or so bidders (inaudible)
Rountree: The last thing on that item is that I have done some reading to see if there is a
prohibition for municipalities for lease purchase and I haven't stumbled across anything
in Idaho code, unless Council knows of anything. I am hoping that the Department of
Administration folks can answer that question as well. I don't see anything there that
would prohibit that (inaudible) pretty. quiet on that other,
Crookston: It came up for the City in the purchase of a fire truck five or six years ago.
There was some suggestion by West One Bank that the City needed to do, to enter into
a lease purchase agreement rather than just have a purchase. Because then the City did
not have to go through the bid requirements and things like that: I believe that the City has
Meridian City Council
August 20, 1996
Page 38
the authority to lease purchase. That is what we did with the fire trucks.
Tolsma: (Inaudible)
Corrie: I believe that is in on the desk of Brad right now and I think you are working with
(inaudible) I think you were making some contacts there Gary.
Bentley: What is this Walt Morrow didn't reply?
Morrow: In defense of Mr. Ewing and myself we were in a golf course committee meeting
on Monday and both of us have projects that we are currently bidding that are very close
to this and we are giving you the benefit of those numbers. We just didn't get it done and
(inaudible) held accountable tonight. So the deal is that we are wrong and we didn't turn
in our re-ports in time. So, we will certainly do that so you don't have to scold us so
severely next time.
Corrie: (Inaudible)
Rountree: Are we advancing the grading then, is my understanding for bid to try and get
it going this year?
Smith: We can contract up to $25,000 without bidding it. I think he was just waiting for
another quote from ILS.
Corrie: The grading the filling, the prepping and seeding and irrigation and pumping
system and pump house.
Bentley: On the pump house weren't we supposed to be contacting the subdivision out
there that was supposed to split the system with us?
Smith: Well they are supposed to be involved in it but I don't think they are going to do
anything. We will have to build it, that subdivision is dormant, I understand it is for sale.
Bentley: Somebody will need water. Has Cloverdale expressed a time?
Smith: No, not that I know of, I haven't been in contact with them, Brad has done all of this
and I didn't ask him that question, but I can find out.
Corrie: Is Cloverdale ready, did they start?
Morrow: Bob, the answer to that question is that we are kind of piggy backing this on the
Meridian City Council
August 20, 1996
Page 39
back of the golf course stuff with Cloverdale. And so Brad has kind of been working with
Terry and Jake to get these numbers and get maybe schedules and try to put something
together that was more cost effective because they were just down the street. Then also
trying to beat their fall turf planting schedule for their sod farms. So that is where these
numbers come from and that is how we got the numbers and we are trying to dove tail the
two projects together.
Bentley: That would be good
Morrow: Because a lot of the things do cross reference.
(Inaudible)
Corrie: I guess we are kind of waiting to see where we are then as far as the grading when
they can get to it is that correct?
Smith: I will try and get some time schedules for you.
Corrie: Well at least get the grading and the fill in and the prep seeding and irrigation and
all of that done at least we have that part started. The other part we can start working on
the program. Any questions on this?
Bentley: No, just so I can get some word to those poor girl scouts that are pulling their hair
out. Well they should be back from their trip to Europe by now. (Inaudible)
Corrie: Anything else? You have gotten in your box here awhile back City of Meridian tree
board. There were nine people, Rick Heller asked me, it is one of their requirements for
the Tree City USA that they have a tree board. He asked me if I wanted to put it together
and I said you may know people since you are in the parks. These are the people that
came up and talked to him and he talked to them and were qualified he felt for the tree
board. So I had him put these names down and give them to you and let you look at them
and see what you thought of the people. That is where this came from Rick Heller had it
put together. It looks like a pretty good group of people that look like they are willing to
work on that board with no fee. It looks like the first meeting if it meets with your approval
will be August, it looks like they have already had their meeting. They had their meeting
last night. I didn't see any problem with the names, I don't know all of those people but the
background seems to be pretty good and a good reference for the tree board. It is just a
board that is necessary to be set up for the certification of Tree City.
Morrow: I have a couple of questions here and they are philosophical in nature, if it is a
Board, commission or committee does not the Council have to create the board and to
Meridian City Council
August 20, 1996
Page 40
begin with and give it a function and give it a responsibility and that would be one
question. The next question is for a tree board boy nine people seems like a lot of people
for a committee to deal with those issues what maybe four or five people would be
sufficient to deal with that. Having been on big and small committees it seems that the
smaller ones accomplish more and are more efficient. My last comment would be that
although I have the highest regard for Frank Thomason and he is probably one of the few
reporters that bases his articles on the five W's and does so honestly and objectively I
don't think it is a proper role of the press to be a member of a governmental community.
I think the founding fathers concept of the press was that it was a watch dog for
government. It is difficult to fulfill that function if you are a participant in something
governmental. I don't think that is an appropriate function for a member of the press to be
part of something that needs to act as a watchdog for. Those would be my three thoughts
based on my preliminary survey of this committee.
Corrie: Well I philosophically disagree with you on Frank Thomason just because he is a
reporter doesn't (inaudible) can't be on any kind of a committee. I-have said that before
and I will say it again, they have a right just as anybody else to sit on any kind of a
committee. As far as the tree board size that is up to the Council and (inaudible). What
was the first again, I didn't understand.
Morrow: The first one is it is a statutory function of the Council to create a board and to
give it a function and so on and so forth. As a Council we haven't done that as of yet.
Corrie: I suggest that we do that because it is required by that Tree City. These are just
suggestions for people on the board.
Morrow: I guess my question is do we want to put that as a topic on our strategic planning
meeting so we can think about it between now and then and then throw out our input and
get the process started.
Corrie: I think we need to get going on it though.
Rountree: Mr. Mayor my pnly comment is that I am really pleased that we have this many
folks available for these kinds of things for the City. Along the lines of one of Walt's
comments I think maybe it is a bit overkill with all of them worrying about trees for
Meridian. Maybe something the City might want to do and (End of Tape) at least 8.5 years
that I Know of. (Inaudible) those are my comments, I think that we have really a grand
array of folks but I would hope that only about 4 of them would be necessary maybe 5 to
break ties and then my last question would be for Will. They did have a meeting last week
it appears, I know I kind of got a last minute notice of that and was going to be there until
I had a date with my lawn. How many of those folks attended?
Meridian City Council
August 20, 1996
Page 41
Berg: All of them.
Corrie: I did mention to Rick that he should talk to you since you are on the Parks
Committee, he did get in touch with you?
Rountree: No
Berg: I did, I called Charlie.
Corrie: I think that is a good idea that if you want to cut this down is to (inaudible)
Rountree: I assume that all of these folks are residents or close to Meridian.
Corrie: Brian Jorgenson would be good on that committee because we need a forester on
that committee anyway. So you can kind of pick and choose here and I have no problem
with maybe four and you can break ties or whatever and use the others. Let's, Walt with
your permission and that I think let's try and see if we can't (inaudible) discuss it.
Berg: Considering I got the privilege of attending this meeting they talked about some
goals that they wanted to accomplish. They had some things broke down from inventory
of City trees, to looking up ordinances that the City might want to do. Looking at
landscaping, entrances of subdivisions, using particular kinds of trees for what type of use,
things of that nature. They broke up into design of subgroups. So I know you are looking
at how long this group is but kind of things things they were looking at trying to accomplish
may take a few more than 4 or 5 to get these certain areas. Maybe the best thing to do is
to have Brian and Rick come to the meeting and talk about what they looking at doing as
a group. I am not trying to say that you get a large committee you can't do anything but
I think their idea was to break them down in to the small area groups where you have a
variety of people in different areas that can help out in specific areas and then take the
other recourse that you have.
Morrow: (Inaudible) I think I would like to have that conversation at the strategic planning
meeting (inaudible) some of these things have a tendency to grow beyond (inaudible). I
think that we need to have that time to think about it and discuss (inaudible)
Rountree: I think I would echo that, we need to give them a charter. We need to give them
a charter of what the City's priority is (inaudible) allow them the opportunity to provide us
some expertise in areas they might want the City to consider later on. At least give them
initial guidance. So they don't just become a social club.
Morrow: Let me add this as a follow up, one of the (inaudible) dilemma with the (inaudible)
Meridian City Council
August 20, 1996
Page 42
C
all familiar with the Waremart issue in Downtown Boise. (Inaudible) had a vision of
something that is now at conflict with what the City Council and the Mayor are seeing and"
what the P & Z are seeing and as it turns out I am currently involved in a project and the
CCDC is seeing things that is not even related to reality. So the Waremart issue is just the
tip of the iceberg so to speak. There are some real problems. there because it (inaudible
set by the City Council in terms of that committee and what its function is to be and what
its goals are to be (inaudible) very lofty but never took into consideration economic issues
or anything else. So that is (inaudible).
Corrie: I don't want to cause a group of people that want to help the City get the feeling
that the City doesn't want their help because I think like Charlie said that they can be used
in a lot of places but we don't want to discourage people from coming to the Council and
saying I would like to see this and I want to help you do this. That is all we are folks we are
the Council for the city and we have to make decisions for them and we also have to listen
to them.
Morrow: So Charlie is right we have some places for them I think we can put (inaudible)
nowadays is you don't have very many folk out there that are willing to help (inaudible)
Corrie: It takes a group of people to do the tree inventory too. These guys are all able to
do that. Anything else? Entertain a motion for adjournment.
Rountree: So moved
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we adjourn all those in
favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 11:16 P.M.
(TAPE ON FILE FOR THESE PROCEEDINGS)
APPROVED:
Meridian City Council
August 20, 1990
Page ~3
ATTEST:
~iA~A"Cy;,1~G, eft., G1 ~.~f1'tK
\\y{`II~~I1S1l111((ififA
~ ~Q i
_ ~~ _
~~~ ~~~
ice,'' ~,~ ~ `~ls. q,`Y\\
•
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, AUGUST 20, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD AUGUST 6, 1996: ~~~~G~~-
~r~Jell.z~rct! on.. to Tir•~ ~P~JpPr ~v/- wo2,~. On ~ /~ ~'Z C~vv,~~ i sfior.+
1. TABLED JULY 16, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
-- - FOR VARIANCE REQUEST FOR ASHFORD GREEN SUBDIVISION
- BY BRIGHTON CORPORATION: -frc~~e'~r~ a~ lli l~~/6 ~~
G~-r ~ a~c~.-f ~J' /'e~~cCJ'~'
2. TABLED AUGUST 6, 1996: FINAL PLAT: CHAMBERLAIN ESTATES NO.2
BY KEVIN HOWELL: ~~~fe G~.~,1 Jep~ 3~'; /99~ ~~ as
~Qw ~Pp~,z~-~:r ~-e~ruef~
3. TABLED AUGUST 6, 1996: REQUEST FOR A PRIVATE ROAD BY ST.
LUKE'S HOSPITAL: z~ic~j/e, X71 ~C~: /s7j 0 ~l6 i~1~ ~J
per a.Pp/~ca.K-f ~.r rC~iccPrt
4. TABLED AUGUST 6, 1996: ORDINANCE #738 -AIR QUALITY ORDINANCE:
Gc~D~b ho ve ~ ~ l
5. TABLED JUNE 4, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR ANNEXATION AND ZONING REQUEST FOR BALLANTYNE-
TROUTNER BUSINESS PARK BY JIM BALLANTYNE: u~prrw.~ ~~~ ~~J,~c
~~.~ro~re deu3~~~-i.. Cry ~t'~. -try ~ore~ar~ oF-difi.a~ruzl
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY
JIM BALLANTYNE: ~~ro/-ove ,~~~ ~ eC~ Q~~~Ore dtcrr~~
7. RESOLUTION #163 - HI-MICRO REVENUE BONDS: ~~jorov-e
8. AMENDED ORDINANCE #649 -PUBLIC DISTURBANCE NOISES: a~J~rovei
9. AMENDED ORDINANCE #3-101 -GENERAL LICENSE CONDITIONS:
~~~ Ee~r~ ..(G~J L . ~~"~ a s ~ vel~.ci.eJ'~ o ~` ,~a'~. Vie. ,~ ~•
10. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE
PERMIT TO TOM SCOTT AUTOMOTIVE BY ZAMZOWS:
cr~p~rove. ~i-a~.r~.
11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR SPORTSMAN
POINTE SUBDIVISION N0.5 BY G M ARK II PARTNERSHIP:
12. REQUEST FOR TEMPORARY CONSTRUCTfON AND INFORMATION
CENTER TRAILER FOR THE LAKE AT CHERRY LANE NQ. 5 BY
STEINER DEVELOPMENT: ~~rovYe, ~t., ~.~a~.
13. REQUEST FOR BEER LICENSE BY STEVE EDDY: ~~r~~"~-
•
14. REQUEST FOR BEER LICENSE BY KATHERINE PIKE: ~~/~~"~'~~'
15. EMERGENCY DECLARATION FOR REHABILITATION OF WELL #9: ~~,,~'t-D~/~
16. DAVE ROYLANCE: UPDATE ON RECORDING OF ENGLEWOOD CREEK
SUBDIVISION: a~p~pr~v~ E~ tC ~eh.s~3rH. v~' ~eca-z cz°~h-~ o ~ ~o% t-
~ Octob« /5~ l gcP6
17. WHITESTONE DEVELOPMENT AGREEMET,LIFT STATION AGREEMENT
AND CC&R'S: ~~~i-o+r~ ~u(jJ~c t~ -fv C~ i~ 2~"~vr,e U/ ~ a~p~lvvcr~
;- 18:--- DEPARTMENT REPORTS: U
R- C'hie~' ~arde~, - i~.~o~d~~ of doss
•CITY OF MERIDIA
PUBLIC MEETING SIGN-U SHEET
• CITY OF MERIDIA
PUBIC MEETING SIGN-U SHEET
NAME PHONE NUMBER
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF GEM PARR II PARTNERSHIP
-FOR A VARIANCE FROM THE 11-9-604 I. 1.
RECORDING OF FINAL PLAT FOR SPORTSMAN POINTS SUBDIVISION NO. 5
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on August 13, 1996, at approximately 7:30 o'clock
p.m. on said date, the Applicant's representative, Greg Johnson,
appearing, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the request for a
variance from 11-9-604 I . 1. , which requires that the final plat be
filed with the County Recorder within one year after written
approval by the City Council, was published for two consecutive
weeks prior to the scheduled hearing for August 13, 1996, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the August 13, 1996,
hearing; that copies of all notices were available to newspaper,
radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of .the external boundaries of 'the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTS SUBDIVISION N0. 5--VARIANCE PAGE 1
land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-
9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of
Meridian; that this requirement has been met.
3. That Ordinance 11-9-604 I. 1., requires that the final
plat be filed with the County Recorder within one year after
written approval by the City Council, otherwise such approval shall
become null and void, unless prior to said expiration date an
extension of time is applied for by the Applicant and ,granted by
the Council.
4. That the Applicant has requested to be granted a variance
from the above filing and recording requirement.
5. That the Applicant's engineer, J. J. Howard, submitted a
letter stating that the development of this phase was delayed while
awaiting sales of lots in phase 4; that the lot sales in phase 4
were at a slower pace resulting in delays for phase 5.
6. That Greg Johnson testified at the August 13, 1996
hearing, stating that he did not record the plat soon enough; that
the plans and design have been approved; that he stated that he was
requesting a one year extension subject to the conditions that are
already on the final plat.
7. That the Applicant submitted a letter- from the Ada County
Highway District stating that the street construction plans for
Sportmans Pointe Subdivision No. 5 are. acceptable to District
standards; that prior to acceptance of the final plat, the license
agreement, approval of the pond within the Nampa and Meridian
Drainage Easement, and a copy of the Covenants, Conditions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTE SUBDIVISION NO. 5--VARIANCE PAGE 2
• ~ !
Restrictions must be furnished to the District.
8. That the entire property in question is described in the
subdivision application and is incorporated herein as if set forth
in full.
9. That the Gem Park II Partnership, an Idaho general
partnership, is the property owner.
10. That there was no testimony at the hearing objecting to
the variance application; that the Meridian City Engineer, Gary
Smith commented that if construction has not commenced by the
expiration date, that plans- would need to be resubmitted for review
and approval before construction may proceed.
11. That the. Nampa and Meridian Irrigation District submitted
a written comment; that a problem with the way the Nine Mile .Drain
operation and maintenance roadway has been removed and sloped to
the drain; that the District would like to see the roadway replaced
and flattened out for a minimum of 18 feet of working area; that a
license agreement will be .required on the crossing and any
encroachment by this project; that detailed plans of the
pressurized pump station are required regarding the point of
delivery and how it reaches the pump site.
12. That comments from the Planning Administrator, the
Meridian Fire Department, the Ada .County Highway District and all
other departments may be submitted at a later date and shall be
incorporated herein as if set forth in full.
13. That the Ordinance requires that the plat be recorded
within one year of final plat approval; that since the plat was
FINDINaB OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTE SUBDIVISION NO. 5--VARIANCE PAGE 3
approved on April 4, 1995, the plat should have been recorded on or
before April 4, 1996; that the Ordinance also states that any
request for an extension must be filed with the zoning
administrator prior to the lapse of the original one year; that
such request was not timely made.
14. That proper notice was given as required by law and all
procedures before the City Council have been given and followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice of hearing on the proposed
variance to owners of property within 300 feet of the external
boundaries of the Applicant's property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the.
Subdivision and Development Ordinance and upon the record submitted
to it and the things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Planning and Zoning Commission,
governmental statutes, ordinances, and. policies, and of actual
conditions existing within the City and the State.
5. That the following provision of Section 11-9-612 A. 1.,
of the Zoning Ordinance is noted which is pertinent to the'.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTE SUBDIVISION NO. 5--VARIANCE PAGE 4
•
Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique circumstances (such as
topographic - physical limitations or a planned .unit
development), may grant variances from the provisions of this
Ordinance on a finding that undue hardship results from the
strict compliance with specific provisions or requirements of
the Ordinance or that application. of such provision or
requirement is impracticable.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2., FINDINGS
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public hearing,
that all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would clearly be
impracticable or unreasonable; in such cases, the
subdivider shall first state his reasons in writing as to
the specific provision or requirement involved;
b. That the strict compliance with the requirements of this
Ordinance would result in extraordinary. hardship to the
subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-
inflicted, or that these conditions would result in
inhibiting the achievement of the objectives of this
Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the ,property is situated;
d. That such variance will not violate the provisions of the
Idaho Code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and .the
Comprehensive Plan.
7. -That there does appear to be a specific benefit or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTS SUBDIVISION NO. 5--VARIANCE PAGE 5
•
profit, economic gain or convenience to the Applicant in that if
the variance is not granted the Applicant would be required to go
through the platting procedure again; that the Applicant could have
recorded the plat within one year of April 4, 1995, but then under
11-9-616 it would have one year to commence construction and an
additional year to complete construction; that .there have been no
significant subdivision and development ordinance changes to
require additional requirements that were not in effect when the
subdivisions were approved.
8. That regarding Section 11-9-612 A. 2. it is specifically
concluded as follows:
a. That there are no special circumstances or conditions
affecting the property that the strict application of the
provisions of 11-9-604 I 1. would clearly be
unreasonable.
b. That strict compliance with the requirements of the 11-9-
.604 I 1., Approval Period, would not result in
extraordinary hardship to the applicant as a result of
factors not self-inflicted, but since there have been no
significant Subdivision and Development Ordinances
changes which could be avoided if the variance was
granted, it does make reasonable sense to grant the
variance.
c. That the granting of a variance would not be detrimental
to the public's welfare or injurious to other property in
the area in which the property is situated.
d. That the variance. would not have the effect of altering
the interests and purposes of the recording requirement
or the Meridian Comprehensive Plan.
9. That it is concluded the Application for a variance
should be granted, but the Applicant must record the plat on or
before April 4, 1997, and the requirements of 11-9-616 shall be
complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTE SUBDIVISION N0. 5--VARIANCE PAGE 6
J
i~
10. That the granting of this variance, or any variance, is
on a case by case evaluation and the granting of this variance
shall not be considered as setting a precedent; each application
must stand on its own merits and the granting of one variance is
not a precedent for granting others.
11. That the granting of this variance is only for the
recording requirement and all other ordinances of the City of
Meridian must be met and complied with.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
That it is decided the variance from the 11-9-604 I 1. is
hereby granted and the plat must be recorded on or before April 4,
1997; that this then is an extension of approximately 1 year of the
time requirements of 11-9-604 I 1.
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SPORTSMAN POINTE SUBDIVISION NO. 5--VARIANCE PAGE 7
•
RESOLUTION NO. ~~3
BY THE COUNCIL:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, APPROVING THE ISSUANCE BY THE ECONOMIC
DEVELOPMENT CORPORATION OF THE CITY OF MERIDIAN, IDAHO, OF
ITS INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS
(HI-MICRO PROJECT), SERIES 1996, IN THE AGGREGATE PRINCIPAL
AMOUNT OF UP TO $5,000,000 AND APPROVING THE RESOLUTION OF
SAID PUBLIC CORPORATION AUTHORIZING SAID BONDS, INCLUDING
A TRUST INDENTURE, LOAN AGREEMENT AND RELATED
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian, Idaho (the "City"), by prior Ordinance, has
approved and authorized the creation of the Economic Development Corporation of
the City of Meridian, Idaho (the "Public Corporation") as a public corporation of the
State of Idaho pursuant to the provisions of Title 50, Chapter 27, Idaho Code, as
amended (the "Act") to act on behalf of the City to issue nonrecourse revenue bonds
for the purpose of financing the costs of qualified industrial development facilities
within the meaning of the Act; and
WHEREAS, the Public Corporation, by its Resolution, adopted November 20,
1995 (the "Official Action Resolution") did approve the Application of Hi-Micro Tool
Corporation and Newberry Enterprises (collectively the "Borrower") for industrial
development financing under the Act to provide funds to refund certain prior bonds
of the Public Corporation and for the acquisition, construction and improvement of
a manufacturing facility located in the City (the "Project") and a copy of said
Application and Resolution has been filed with the City; and
WHEREAS, the Public Corporation, by Resolution No. 96-1 (the "Bond
Resolution") adopted on August 14, 1996, a copy of which has been furnished to the
City, has authorized the issuance and sale of its $5,000,000 Industrial Development
Revenue and Refunding Bonds (Hi-Micro Project), Series 1996 to be initially issued
as fully registered bonds number R-1 and upward (the "Bonds") and by the Bond
Resolution has authorized and approved a Trust Indenture, Loan Agreements, Official
Statement, a Bond Purchase Contract and related documents; and
WHEREAS, after at least fourteen (14) days published notice in the
Valley-News, the Public Corporation on July 16, 1996, held a public hearing to allow
full written and oral comment on the Project as required by Section 147(f) of the
Internal Revenue Code of 1986 (the "Code"); and
WHEREAS, the Act and the Code require that the governing body of the
creating municipality approve the Project and approve the resolution of the Public
Corporation authorizing the issuance of the Bonds; and
WHEREAS, the City Council has reviewed the Application, the Official Action
Resolution and the Bond Resolution and intends, by the adoption of this Resolution,
to approve the same including without limitation the agreement of the Public
RESOLUTION -PAGE -1-
ras/hi-micro/resol.cty
• •
Corporation to issue the Bonds upon the terms set forth therein and the various
agreements approved therein in accordance with the Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Project Application, the Official Action Resolution, the
issuance of the Bonds and the Bond Resolution and the agreements and documents
necessary to issue the Bonds therein expressed and approved, in the amount and for
the purpose therein described and referred to in the preamble of this Resolution, are
hereby approved in accordance with the Act and the Code. A copy of the Official
Action Resolution, the Application and the Bond Resolution shall be maintained on
file with the Meridian City Clerk.
Section 2. The Project, to be located at 1410 East Pine, Meridian, Idaho, and
to be financed with the proceeds of the Bonds in the maximum aggregate amount of
up to $5,000,000 is hereb approved. The initial owners of the Project are to be
Newberry Enterprises (rea~property) and Hi-Micro Tool Corporation (equipment), and
the operator of the Project is to be Hi-Micro Tool Corporation.
Section 3. This Resolution shall take effect immediately from and after its
adoption and approval as required by law.
ADOPTED by the Council of the City of Meridian, Idaho, this 2o~Iday of
August, 1996.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ ~ day of
August, 1996.
CITY OF IDIAN, IDAHO
By: '
OR
ATTEST/AUTHENTICATED:
By:
CLERK
FILED WITS\\~` ' ~~ CLERK:
~~~,.~ r ;
~'- ~ ~o
~~~L
'9 ~
~L ~~
/!!f!!liil) 1111\I\\\
~~ 2`~ ~ , 1996.
RESOLUTION -PAGE -2-
ras/hi-micro/resol.cty
AUG 20 '96 04~43PM SEATTLE-NW BOISE P.1i4
802 W. Bannock, Suite 1U00 208-344-8577 or
Boise, Idaho 83702 80044-8577
FAX; 208,345-8952
~~~~~~
DATE: 8/20/9fi AUG Z 0 10~~
TO: Economic Dev. Corn. of Meridian
LOCATION: 208-887-4813 ~'~( ~F P~I~1DI~1~
FROM; Flo d A ers
FROM: Connie orn
Number of pages, including cover 4
FOR YOUR REVIEW AND COMMENT, PLEASE.
CC: SHARON MARCHETTI, FIRST SECURITY BANK
LEE B. DIILION, CORPORATE COUNSEL
RICHARD SKINNER, BOND ATTORNEY
BRIAN W. COOK, FIRST SECURITY BANK
SEATTLE OFFICE
PORTLAND OFFICE
AUG 20 '96 16 44 208 345 9952 PAGE. 01
CLOSING MEMO1EtANDUM
Date: August 20, 1996
Re: The Economic Development Corporation of the City of Meridian, Idaho
Industrial Development Revenue and Refunding Bonds (Hi Micro Project), Series 1996
Frown: W. Floyd Ayers
Seattle-Northwest Securities Corporation
Boad Registration
The global Bawds are being printed by the bond attorney. The Bonds will be shipped to First Security
Ban1r, N.A. for registration and authentication. First Security will forward them to The Depository Trust
Company for closing.
Bond Delivprp
Delivery of the Bonds will take place at 830 a.m. local time on September 5,1996 in the
offices of Sknaner Fawce~ Boise, Idalw.
)E~ads
Bond Proceeds: Seattle-Northwest Securities will win funds to First Security, N.A., ABA
No. 124100080, Account No. 0030938054, Attcation Sharon Marchetti., for credit to Iii-Micro Proje~x.
Account No. 32867.
AUG 20 '96 16 44 208 345 9952 PAGE.02
C~
August 20, 1996
Page 2
•
p~c'~ `°~101°t 5,000,000.00
Plus: Accrued Iirterest 2,255.88
Less: Original Issue Discount 16,181.00
Costs of Issuancc 70 0.00
Total Funds 4 X16,074.88
First Security will apply the proceeds of the Bonds as follows:
1. To pay principal and accrued interest an the 1984 note to First Seauity 261665.29
2. To redeem principal to September 30 on the 1989 issue 790,000.00
3. To deposit accrued interest on the Series 1996 Bonds to the Bond Fund 2,255.88
4. To deposit Capitalized irrtezest on the Series 1996 Hoods to the Bond Fund 305,295.08
5. To deposit the balance of proceeds to the Construction Fund for payment 3.556.858.63
of costs of Issuance and construction
TOTAL, FUNDS $4.916.074.88
AUG 20 '96 16 44 208 345 9952 PAGE.03
•
August 19, 1996
Page 3
•
THE ECONOMIC DEVELOPMENT CORPORATION
OF THE CITY OF, MERIDIAN, IDAHO
(HI-MICRO PROJECT)
Industrial Development Revenue and Refunding Bonds, Series 1996
Distribution List
SUER
The Economic Development Corporation
of the city of Meridian
City Hall
33 East Idaho Street
Meridian, Idaho 83642
208-888-Ad33 FAX: 208-887-4813
BOND ATTORNEY
Richard A. Skitmer
Skinner Fawcett
S1S S. 6'~ Street
P.O. Booc 700
Boise, ID 83701-0700
208-345-2663
TRUST~E/PAYING AGENT
Sharon Marchetti
First Security Ban1S N.A.
923 W. Idalw
P.O. Box 2618
Boise, ID 83701
208-393 2490 FAX: 208 393-2004
CORPORATE COUNSEL
Lee B. billion
billion Bosch Daw & Buck, Chtd.
242 N, 8'~ Stt~, Ste, 200
Boise, ID 83702
208-345-8990 FAX: 208-344-9140
SEATTLE OFFICE
Dixie Califaao-Lund 206-628 5485
J~nifer Lewis 206528-5459
Blaine O'Kelley 206-628 2895
John Slaughter 206-628-2881
FAX: 206-628-2863
FAX: 208-345-2668
UNDERWRTIER
W. Floyd Ayers
Seattle~Northwest Securities
802 West Bao~rock, Suite 1000
Boise, ID 83702
208-344-8577 FAX: 208-345-9952
LETTER OF CREDIT BANK
Briaa W. Cook
Fim Security Bank, N.A.
lI9 N. 91° Street
P.O. Box 7069 = -
Boise, ID 83730 ___ = -~
208-393-2162 FAX: 208-393-2472
PORTT.AND OFFICE
Susan Vuciaich
503 275-8326
FAX: 503-275-8312
AUG 20 '96 16 45 208 345 9952 PAGE.04
AUG 20
Seattle
Northwest
Sec~ritlas Co oration
o dahv
802 W. Bannock, Suite 1U00
Boise, Idaho 83702
208-344-8577 or
80044-8577
FAX: 20845-9952
~~~~~
DATE: 8120/96
TO: Economic Dev. Coro. of Meridian
LOCATION: 208-887-4813
FROM: Flo d A ers
FROM: Connie orn
Number of pages, including cover ,~ 4
FOR YOUR REVIEW AND COMMENT, PLEASE.
CC: SHARON MARCHETTI, FIRST SECURITY BANK
LEE B. DILLION, CORPORATE COUNSEL
RICHARD SKINNER, BOND ATTORNEY
BRIAN W. COOK, FIRST SECURITY BANK
SEATTLE OFFICE
PORTLAND OFFICE
AUG 20 '96 16 44
AUG 2 0 199G
CITY OF le6E~ID~1Pd
208 345 9952 PAGE. 01
CLOSING MEMORANDUM
Date: August 20, 1996
Re: The Economic Development Corporation o£the City afMeridian, Idaho
Industrial Development Revenue and Refunding Bonds (Hi-Micro Project), Series 1996
From: W. Floyd Ayers
Seattlo-Northwest Securities Corporation
Bond Registration
The global Bawds are being printed by the bond attorney. The Bonds will be shipped to First Security
BanlS N.A. for registration and authentication. First Security will forward them to The Depository Trust
Company for closing-
Bond Delivery
Delivery of the Bands will talcs place at 8:30 a.m. local time on September 5,1996 in the
offices of Skinner Fawcett, Boise, Idaho.
Funds
Hond~roceeds: Seattle Northwest Securities will wirc funds to .First Security, N.A., ABA
No. 124100080, Account No. 0030938054, Attention Sharon Marchetti., £or credit to Hi-Ivficro Project
Account No. 32867. _
AUG 20 '96 1644 208 345 9952 PAGE.02
August 20, 1996
Page 2
Principal Arrwunt
Plus: Accruod 7irterest
Less: Original Issue Discou~rt
Costs of Issuaticc
Total Fiords
First Security will apply the proceeds of the Bonds as follows:
1. To PaY P~P~ ~ accrued interest at the 1984 note to First Security
2. To redeem principal to September 30 on the 1989 issue
3. To deposit accrued interest on the Series 1996 Bonds to the Bond Fund
4. To deposit Capitalized Irrterest an the Series 1996 Bonds to the Bond Fund
5. To deposit the balance of proceeds to the Constiucxion Fund for payment
of costs of Issuance and construction
TOTAL FUNDS
5,000,000.00
2,255.88
16,181.00
70 0.00
_4~J.6,074.88
261,665.29
790,000.00
2,255.88
305,295.08
3,SS6.858.63
54.916 074.88
AUG 20 '96 16 44 208 345 9952 PAGE.03
~ ~
August 19, 1996
Page 3
THE ECONOMIC DEVELOPMENT CORPORAT'lON
OF THE QTY OF, MERIDIAN, IDAHO
(HI-MICRO PROJECT)
Iadastrial Development Revenue sad Refunding Bonds, genes 1996
Distribution List
SUER
The Economic Development Corporation
of the City of Meridian
City Hall
33 Past Idaho Street
Meridian, Idaho 83642
208-888433 FAX: 208-887-4813
BOND ATTORNEY
Richard A. Skinner
Skinner Fawcett
515 S. 6°i Street
P.O. Box 700
Boise, ID 83701-0700
208-345-2663
F./PAYIN GENT
Sharon Marchetti
First Security Baa1S N.A.
923 W. Idaho
P.O. Box 2618
Boise, ID 83701
208-393?~190 FAR: 208 393-2004
CORPORATE COUNSEL
Lee B. billion
billion Bosch Daw 8c Boc1S Chid.
242 N, 8'~ Street, Ste, 200
Boise, ID 83702
208-345-8990 FAX: 208-344-9140
$EA'I-TLE OFFICE
Dixie Califaao-Lund 206-628 5485
J~~' ~~ 206528-5459
Blaine O'Kelley 206-628-2895
John Slaughter 206-628-2881
FAX: 206-628 2863
FAX: 208-345-2668
UNDER R
W. Floyd Ayers
Seattle-Northwest Securities
802 West Bannock, Suite 1000
Boise, ID 83702
208-344-8577 FAX: 208-345-9952
LETTER OF CRED BANK
Brian W. Cook
First Security Bask, N.A.
l I9 N. 91° Street
P.O. Box 7069 - --
Boise, m 83730 - _-- _ _
208-393 2162 FAX: 208-393-2472
PORTLAND OFFICE
Susan Vuciaich
503 275-8326
FAX: 503-275-8312
AUG 20 '96 16 45 208 345 9952 PAGE.04
AMENDED ORDINANCE N0. 649
AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 8,
CHAPTER 16, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN; RE-ENACTING TITLE 8, CHAPTER 16, OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Section 8-1612A, PUBLIC
DISTURBANCE NOISES, of Title 8, Chapter 16, of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 8-1612A. PUBLIC DISTURBANCE
NOISES, of Chapter 16, Title 8, of the Revised and Compiled
Ordinances of the City of Meridian is hereby repealed.
SECTION 2: That Section 8-1612A, PUBLIC DISTURBANCE
NOISES, of Chapter 16, Title 8, of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted and shall
read as follows:
8-1612A:
1. PUBLIC DISTURBANCE NOISES.
It is unlawful for any person to cause, or for any person in
possession of property to allow to originate from the
property, sound that is a public disturbance noise. The
following sounds are determined to be public disturbance
noises:
A. The frequent, repetitive or continuous sounding of
AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES Page 1
any horn or siren attached to a motor vehicle, except as a
warning of danger or as specifically permitted or required by
law;
B. The creation of frequent, repetitive or continuous
sounds in connection with the starting, operation, repair,
rebuilding or testing of any motor vehicle, motorcycle, off-
highway vehicle, or internal combustion engine, within a
residential district, so as to unreasonably disturb or
interfere with the peace, comfort and repose of owners or
possessors of real property;
C. Yelling, shouting, hooting, whistling or singing on
or near the public streets, which unreasonably disturbs or
interferes with the peace, comfort and repose of owners or
possessors of real property;
D. The creation of frequent, repetitive or continuous
sounds which emanate from any building, structure, apartment,
or condominium, which unreasonably interfere with the peace,
comfort, and repose of owners or possessors of real property,
such as sounds from audio equipment, musical instruments, band
sessions, or social gatherings;
E. Sound from motor vehicle sound systems, such as tape
players, radios, and compact disc players, operated at a
volume so as to be audible greater than 100 feet from the
vehicle itself;
F. Sound from audio equipment, such as tape players,
radios, or compact disc players, operated at a volume so as to
be audible greater than 100 feet from the source, and. if not
operated upon the property of the operator.
The foregoing provisions shall not apply to regularly
scheduled events at parks, such as public address systems for
baseball games or park concerts.
2. PUBLIC DISTURBANCE NOISE TIME PERIOD.
Public Disturbance Noises shall not be permitted within the
City between the hours of 11:00 p.m. and 6:00 a.m.
3. VIOLATION - PENALTIES.
Any person violating the provisions of this chapter shall be
punished by a fine in a sum not exceeding $300.00 for the
first violation hereof, of which $100.00 shall not be
suspended or deferred, and a fine of $300.00 shall be imposed
for each subsequent violation, of which $150.00 shall not be
suspended or deferred.
AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES Page 2
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this Amended
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this 2!?~ day of use , 1996.
CITY MERIDIAN
D. CORItIE =MAYOR
~~
~~~~~~Fi~~~ii~tteir~
ATTEST : `\,.~~;~ f~ ',q~~''~~~~
/r \`\\ ~4~~~ ~~ Ski/~
W LLIAM G. BERG, J . - TY CLERK ~ _
y ^~`'~ ~~
!,, . ~ ~~
'~~f~tPd3Pi C1 Ut1t~~~
AMENDED ORDINANCE/PUBLIC DISTURBANCE NOISES Page 3
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
MEMO RAN D U M
DATE: August 2, 1996
TO: Mayor Robert D. Corrie
Councilman Morrow
Councilman Bentley
Councilman Rountree
Councilman Tolsma
FROM: Wayne G. Crookston, Jr. ./ ~ ~ .,
Meridian City Attorney
RE: Amended Noise Ordinance No. 649
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
:.I~~' ~K~ ~~F?If3l~
I have changed this Ordinance so that the time period from
11:00 p.m. to 6:00 a.m. applies to all noise. This is only a
draft.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 7, CHAPTER 6,
SECTION 612, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN; RE-ENACTING TITLE 7, CHAPTER 6, SECTION 612, OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Section 612, EFFECTIVE DATES,
of Title 7, Chapter 6, of the Revised and Compiled Ordinances of
the City of Meridian and re-enacting said Section to provide new
effective dates.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 612, EFFECTIVE DATES, of Chapter
6, Title 7, of the Revised and Compiled Ordinances of the City of
Meridian is hereby repealed.
SECTION 2: That Section 612, EFFECTIVE DATES, of Chapter
6, Title 7, of the Revised and Compiled Ordinances of the City of
Meridian is hereby re-enacted and shall read as follows:
7-612 EFFECTIVE DATES: This Chapter shall be effective
beginning on January 1, 1991.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in foil force and effect. from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this ~~~ day of AUGUST, 1996.
AIR QUALITY ORDINANCE Page 1
•
CI
. CORRIE-MAYOR
ATTEST : ~-~
WILLIAM G. BERG, JR IT CLERK
\``\~~~~t~ruuur¢1,~~~
f,
.,
.~ ~ ~, '.
~c r~ -'
r
:_
$~`~.I.e
'~,, '- ~`~sR'
^~ ~, ~.
_l ~ '~
AIR QUALITY ORDINANCE Page 2
•
Cherry Lane Golf Course -Second Nine Construction Budget (Alternate Budget No. 2)
Date: 7/11 /96
Revised: 8/6/96
Item Descri ion
PW License
. Cost Re uired? Contractor
1 Irri ation E ui ment $72,715 No Silver Creek Irri ation
2 Greens Construction $98 529 Yes Cloverdale Nurse
3 Irri ation Installation $69 000 Yes Hillside Nurse
4 Pump System
use lower of two uotes $18,399
$14 900 Yes Intennrest Supply
Hillside Nurse
5 Pum house $7,170 Yes Bob Frost
6 Pond Pipeline $33,206
$37,947
$39,830 No Interwest Supply
Cloverdale Nursery
Masco
7 Fairwa Pre /Seedin $4,050 No Cloverdale Nurse
8 Seed $8,462 No
9 Electrical $1300 No
10 Rou h Gradin $18 500 Yes
11 Canal Culvert $2 000 No ID Pi a/Culvert
12 Culvert Headwalls $2 500 No
TOTAL
$337,073
Deductions
NONE
Total Deductions: $0
Expected Additional Costs
1 Mainline fittings $900
2 Irr. Pipe Tees $200
3 WinterizatioNMaintenance $500 ~ 15a~
4 Increased Sprinkler Heads $0 ~
5 Boundary Survey $2,500 (quote from Hut"ible Engineering)
6 Pump Screening $3,024 (from Hillside Nursery)
7 Lateral Upsize, 2" to 3" $4,572 (from Silver Creek Irrigation)
Total Additions: $11,695
TOTAL EXPECTED COST: $348,768
Use 3% Contingency: $10,463
Total: $359,231 ~ 360,, 061
Working Budget
RE~~I ~~EtD~
AUG 2 D 19~
qry QF_MERIDUN
~~
1 Lot Impact Fee $360,750 555 lots ~ $650 each
2 Golf Course Fund $24,671 Some minor expenses not yet subtracted (Patsy
3 White Property $7,800 Pron. by J. Gass
_ 4 Marshall Property Fees $1,800 Estimated b G. Kingsford
TOTAL: $395,021
~oahav/' ~vo7~e ~o~ i~nc~iJ~(e~
«~~,z~~d9~.~n~ C ~- 5y~ ~~y Gve.~,~.e~.cc - ~ f~ ~eed~h~
•
TULLY PARK CONSTRUCTION COST ESTIMATES
Date: 7/30/96
~evised: 08/16/96
Est
Item Description QtV. Units
RE DIVED
~~~~
~~20~
CITY OF IyEI~1DIAN
~~~~~
Unit
Price Total Source
1 Grading 14048 CY $0.90 $12,643.20 Cloverdale
14048 CY No Re I ILS Co.
Import Fill, if necessary 3150 CY $3.00 $9,450.00 Cloverdale
3150 CY No Re I ILS Co.
2 Prep & Seeding 11.7 AC $1,100.00 $12,870.00 Cloverdale
11.7 AC No Re I ILS Co.
3 Irrigation System 12 AC No Reply Cloverdale
12 AC No Reply ILS Co.
12 AC No Reply Hillside Nursery
12 AC $3,200.Q0 $38,400.00 Silver Creek
4 Irr. Pump System 1 LS No Reply Cloverdale
1 LS No Reply ILS Co. -
1 LS $19,000.00 $19,000.00 Hillside Nursery
1 tS No Re I Silver Creek
5 Irr. Pumphouse 1 LS No Reply Walt Morrow
23'x25' 1 LS No Reply John Ewing
1 LS $25,900.00 $25,900.00 M WAG based on $45/sf
6 Pi a Ditch On Linder Grove 820 LF $8.00 $6 560.00 From other ro'ect costs
7 Parking Lot w/ curbing 2.1 AC $65,340.00 $137,214.00 C. Wright Construction
2.1 AC No Re I American Pavin
8 Street sidewalk,curb utter 820 LF $10.00 $8 200.00 Based on other ro'ect costs
9 Parkin Lot Drain e 1 LS $11 000.00 $11 000.00 3 S&G tra , 711 c drains a sum $1500 and $9
10 Restroom/Maintenance Bldg. 1 LS No Reply Walt Morrow
30'x50' 1 LS No Reply John Ewing
1 LS $67,500.00 $67 500.00 M WAG based on $45lsf
11 SEWER
8" PVC 730 LF $12.00 $8,760.00 Based on other project costs
Std. Manholes 3 EA $2,250.00 $6,750.00
Service 1 EA $500.00 $500.00
12 WATER
6" PVC 730 LF $14.00 $10,220.00 Based on other project costs
6" Gate Valve 2 EA $450.00 $900.00
Fire Hydrant 1 EA $1,600.00 $1,600.00
Blowoff Assembl 1 EA $500.00 $500.00
13 Asphalt Walkways, 5' wdth 870 SY No Reply 1565 If, American Pav Co, Nampa Paving
870 SY No Reply
870 SY $16.20 $14,094.00 M estimate based on $0.60/sf
14 Asphak Walk/Bike Path, 8' 1200 SY No Reply 1335 If, Capital Paving
1200 SY No Reply
1200 SY $16.20 $19440.00 M estimate. based on $0.60/sf
15 Gradin Staki 1 LS $1,000.00 $1,000.00 Pinnacle En insets
16 Pathwa Li htin 1 LS
17 Electrical 1 LS $25 000.00 $25,000.00 My WAG
TOTAL: $437 501.20
16-Aug-96 - c:1bNAm4\costest.wbt
~~
~ ~
~~ ,~l
L 1' v
BEFORE THE MERIDIAN .CITY COUNCI ~`
~~
APPLICATION OF BALLANTYNE-TROUTNER BUSINESS PARK (L a`Q~
~c
FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM
BLOCK LENGTH REQUIREMENTS, 11-9-605 M TILING OF DITCHES,
AND FOR PLACEMENT OF A FENCE INSIDE THE LATERAL EASEMENT
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on August 6, 1996, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, the Applicant appearing, and the City Council
having heard and taken oral and written testimony, the City Council
of the City of Meridian makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for August 6, 1996, the first publication of which was fifteen (15
days prior to said. hearing; that the matter was duly considered at
the August 6, 1996, hearing; that copies of all notices were
available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E. , 11-2-419 D. , and 11-
9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of
Meridian; that this requirement has been met.
3. That Ordinance 11-9-605 B 6., STREETS, requires that a
street that ends in a cul-de-sac or dead end shall be no longer
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 1
i t
than four hundred fifty feet.
4. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires
all irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous,
or which canals, ditches or laterals touch either or both sides of
the area being subdivided, shall be covered and enclosed with
tiling or other covering equivalent in ability to restrain access
to said ditch, lateral or canal.
4A. That Section 11-9-605 J, FENCES, 6. d. and e., state as
follows:
"d. Any developer intending to construct a fence on top of a
berm shall show the berm and fence on the preliminary
plat and shall include with the preliminary plat the
design, placement, heights, specifications, and drawing
of said fence.
e. Any developer intending to construct a boundary fence on
the boundaries of a proposed subdivision shall show the
fence on the preliminary plat and shall include with the
preliminary plat the design, placement, height,
specifications and drawing of said fence.";
that it is not specifically stated in the Ordinance that a fence
shall not be constructed within an easement of an irrigation
lateral but it is stated that a developer shall show the fence on
the preliminary plat and shall include, with the preliminary plat,
the design, placement, height, specifications and drawing of said
fence.
5. That the Applicant has requested, a variance from the
Ordinance requiring that the maximum length of cul-de-sacs be no
more than 450 feet; Applicant desires more than 450 feet, desires
FINDINGS OF FACT & CONCLUSIONS OF LAW pa e 2
BALLANTYNE-TROUTNER - VARIANCE g
i !
that a temporary turn-around for SW 3rd Street be allowed, a
variance from the ditch piping requirement, and be allowed not to
pipe the Eight Mile Lateral; Applicant also desires that it be
allowed to place fencing inside the lateral easement at a location
acceptable to the City of Meridian and the Nampa and Meridian
Irrigation District.
6. That the Applicant does not state in the Application the
length to which he will exceed the allowable 450. feet cul-de-sac
requirement; the Application states that the City of Meridian asked
them to apply for the variances requested and that the Applicant
not the the Eight Mile Lateral due to a concern about small
children getting pulled through the trash rack openings which are
required in a large pipe; that it would be necessary to have a pipe
size in excess of 49 inches and that similar variances have been
granted in other projects to the east and west for the Eight Mile
Lateral for the same reason; that the beautification of the canal
right-of-way is a policy held by the City of Meridian to better
landscape canal easements and keep the flow of the canal open..
7. That the Applicant is the owner of record of the above
referenced property in part, as well as David L. Nordling, Paul
Troutner, Art Troutner, Dennis E. Heeb and Edward Jenkins.
8. That consent of all the property owners of land involved
with this Application has not been submitted.
9. That the entire property in question is described in the
application and is incorporated herein as if set forth in full.
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 3
~ ~
10. That the property is currently zoned R-14 and RT by Ada
County and the Applicant has requested that the City of Meridian
annex and zone the property Limited Office (L-0) and General Retail
and Service Commercial (C-G) to allow office and general commercial
development.
11. That the Applicant stated in the Application that SW 3rd
Street is longer than 450 feet; that neighbors and the Ada County
Highway District (ACRD) want SW 3rd Street as a stub street to the
north property line to allow for a future street extension to
Franklin Road from the Troutner Business Park; that in order to
extend the street to Franklin Road in the future, it must be a
dead-end with a temporary turnaround, which would require a cul-de-
sac street longer than 450 feet; that there will be adequate fire
hydrants installed for emergency use by the Fire Department.
12. That the Meridian City Police Department, Meridian City
Fire Department and the Nampa & Meridian Irrigation District
reviewed and submitted comments and they are incorporated as if set
forth in full.
13. That the Meridian City Fire Department commented that
there can be "No Parking" in the turn-a-rounds as well as the
hammer heads; that the SW 3rd and SW 5th Street turn-a-rounds need
to be bigger; that the street length will be okay and hopefully. by
the time Block 3 is built, SW 3rd will be extended to Franklin
Road.
14. That the Nampa and Meridian Irrigation District commented
FINDINGS OF FACT & CONCLUSIONS OF LAW.
BALLANTYNE-TROUTNER - VARIANCE Page 4
that there must be a License Agreement with the District for all
encroachments; that there has been discussion with the developer,
but the District has not seen a final plat to know how, and to what
extent, the developer would like to encroach; that the flows of the
Eight Mile Lateral are about 5500 inches and will not flow through
a 48" pipe.
15. That the City Engineer's Department,. the Planning and
Zoning Director, and the Ada County Highway District, may submit
comments, and such comments shall be incorporated herein as if set
forth in full.
16. Mr. Ballantyne testified that he is requesting a
temporary turn around on SW 3rd Street, which. is greater than 450
feet; that this will enable the City grid of streets to continue
down the southwest area of the City and also accommodating the
neighbor to the north to have some street running through his
property; that tiling the Eight Mile Lateral per City requirements
not be required; that the lateral would require a 72 inch pipe;
that the City has indicated that a lateral requiring greater than
48 inches need not be tiled; that the Applicant will fence the
lateral and the south side of the canal against the waters edge and.
that this was approved by the Nampa and Meridian Irrigation
District; that the District wants to change their easement off of
the canal but the District would allow the Applicant to have more
green area in the business part which would be maintained and less
area that would be in weeds.
FINDINGS OF FACT & CONCLUSIONS OF LAW,
BALLANTYNE-TROUTNER - VARIANCE Page 5
17. That there was discussion. between the Councilmen, Mayor,
Attorney, and Shari Stiles regarding the City holding off acting on
the annexation pending a preliminary plat and to hold off acting on
the variance application until dealing with the preliminary plat.
18. That proper notice has been given, as required by the
Meridian Ordinances and the Local Planning Act.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the ,Zoning Ordinance and pursuant to Section
11-9-612 of the Subdivision and Development Ordinance.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance and upon the record submitted
to it and the things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the following provision of Section 11-9-612 A. 1.,
of the Zoning Ordinance is noted which is pertinent to the
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 6
Application:
11-9-612 A. 1. PURPOSE,
The Council, as a result of unique circumstances (such as
topographic - physical limitations or a planned unit
development), may grant variances from the provisions of this
Ordinance on a finding that undue hardship results from the
strict compliance with specific provisions or requirements of
the Ordinance or that application of such provision or
requirement is impracticable.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2., FINDINGS
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public hearing,
that all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would clearly be
impracticable or unreasonable; in such cases, the.
subdivider shall first state his reasons in writing as to
the specific provision or requirement involved;
b. That the strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, other physical
conditions or other such conditions which are-not self.-
inflicted, or that these conditions would result in
inhibiting the achievement of the objectives of this
Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That .such variance will not violate the provisions of the
Idaho Code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 7
7. That the following provisions of Section 11-9-605 M,
PIPING OF DITCHES, of the Subdivision and Development Ordinance are
noted, which are pertinent to the Application:
"All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting,. crossing or lying adjacent
and contiguous, on both sides of the area being subdivided,
shall be covered and enclosed with tiling or other covering
equivalent in ability to detour access to said ditch, lateral
or canal. The City may waive this requirement for covering
such ditch, lateral or canal, if it finds that the public
purpose requiring such will not be served in the individual
case. Any covering program involving the distribution system
of any irrigation district shall have the prior approval of
that affected district. ."
8. That the City Council is considering changing the
Ordinance regarding the piping of large ditches if the piping would
require a pipe larger than 48 inches; that the Ordinance may be
changed.
9. That with regard to the variance of the Ordinance so that
the Applicant need not the the Eight Mile Lateral, it is concluded
that a the or pipe of greater than 48 Inches would be required and
that in such cases the City has consistently granted variances;
that the Council is considering amending the ditch tiling ordinance
so that ditches of this size would not be required to be tiled; the
City has previously granted variances where the size of the the
would be greater than 48 inches and for the Eight Mile Lateral.
10. That the requirement of tiling ditches is a health and
safety requirement; that in a prior variance application it was
stated that it may be more hazardous to have the ditch tiled then
it would be not to have it tiled and it appears that to require
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 8
•
tiling of this ditch would not achieve the safety purpose for which
tiling is required in the Ordinance; that the irrigation district
affected has not demanded that this ditch be tiled; that it is
concluded the Application for a variance from 11-9-605 M, Tiling of
Ditches, should be granted.
11. That with regard to the variance request to have the
length of the cul-se-sac longer than 450 feet, it is concluded that
there does appear to be a specific benefit, profit, economic gain
or convenience to the Applicant if this variance is granted; that
in order to extend the street to Franklin Road in the future, it
must have a dead-end with a temporary turnaround, which requires a
temporary cul-de-sac street longer than 450 feet; that since the
Applicant stated that there will be adequate fire hydrants
installed for emergency use by the Fire Department, it is further
concluded that fire protection would not be a justifiable reason to
deny the variance regarding the 450 foot cul-de-sac block length.
12. That with regard to the requested variance to allow a
fence to be constructed inside of the easement of the Eight Mile
Lateral, it is concluded that a License Agreement would likely be
required by the Nampa and Meridian Irrigation District; that it is
concluded that if Nampa and Meridian Irrigation District will grant
such a License Agreement, the City has no objection to granting a
variance to allow such variance and the variance should be granted
if a License Agreement with Nampa & Meridian Irrigation District is
presented to the City.
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 9
13. That with regard to the variances of the 450 cul-de-sac
length and the tiling of the Eight Mile Lateral, there does appear
to be a specific benefit or profit, economic gain or convenience,
to the Applicant, but the Applicant appears to have had no control
over those physical requirements and obstacles; further it does not
appear the Applicant was able to design the subdivision around
those physical limitations of the property; with regard to the
length of the cul-de-sac, it is concluded that it would be better
to have SW 3rd Street temporarily cul-de-saced even though it would
be longer than 450 feet and then extended to connect to Franklin
Road at a later date; that it would be in the best interest of the'
City to grant the variance increasing the maximum cul-de-sac block
length.
14 . That regarding Section 11-9-612 A. 2 . , it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of the
provisions of the Ordinance requirements for the length
of a cul-de-sac street, the tiling of a ditch, and
location of a fence within an easement area would likely
be unreasonable.
b. That strict compliance with the requirements of the cul-
de-sac street Ordinance and the requirement that the
Eight Mile Lateral be tiled are not reasonable; that
there are factors which were not self-inflicted that
should allow variances to be granted from those
Ordinances; that a redesign of SW 3rd Street could
temporarily solve the cul-de-sac problem that exists now.
It is further concluded that the Nampa and Meridian
Irrigation must grant a License Agreement to allow. the
City to grant a variance for the fencing inside the Eight
Mile Lateral Easement.
c. That the granting of the variances would not be
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 10
• •
detrimental to the public's welfare or injurious to other
property in the area in which the property is situated.
d. That the variances would not have the effect of altering
the interests and purposes of the Subdivision and
Development Ordinance or the Meridian Comprehensive Plan.
15. The City has in the past granted similar variances as
requested by the Applicant but has also denied such variances; each
application must stand on its own merits and the granting of one
variance is not a precedent for granting others.
16. That as a condition of granting this cul-de-sac variance,
Applicant shall place fire hydrants in the cul-de-sac as directed
by the City of Meridian Water Department Superintendent; that
Applicant shall supply proof that the owners consent to the
variances being requested and shall meet all requirements of the
Meridian City Fire Department and the Nampa & Meridian Irrigation
District.
17. That it is further concluded that no action on these
variances shall be granted until the property is annexed and zoned.
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 11
R 1
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions of Law.
ROLL CALL:
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
That it is decided the Application should be granted for a
temporary variance to the maximum block length of the cul-de-sac on
SW 3rd Street, but fire hydrants must be placed according to
Meridian Water Department Superintendent; that the variance from
11-9-605 M, Tiling of Ditches, to not the the Eight Mile Lateral
is hereby granted; that the variance to be allowed to place fence
in the Eight Mile Lateral Easement is not granted or denied, but
the Applicant shall not place fence inside .the easement for the
Eight Mile Lateral, unless it obtains a License Agreement from
Nampa and Meridian Irrigation District to do so, and if such
License Agreement is obtained and submitted to the City then a
variance would be granted.
~-
FINDINGS OF FACT & CONCLUSIONS OF LAW
BALLANTYNE-TROUTNER - VARIANCE Page 12
BEFORE THE MERIDIAN CITY COUNCIL
OF THE CITY OF MERIDIAN
JIM BALLANTYNE
ANNE7CATION AND ZONING
A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on October 17, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Meridian City Council having heard
and taken oral and written testimony and the Applicant appearing
through Janelle Sanford, a designated representative for Mr. Wayne
Forrey, who is the representative for Mr. Ballantyne, and having
duly considered the matter, the Meridian City Council makes the
following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two ( 2 ) consecutive weeks prior to the
said public hearing scheduled for October 17, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 17, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television .stations.
2. That the property included in the application for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 1
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 38.25 acres in size; that the property is located
South of Franklin Road and West of Meridian Road; that the parcel
carries an R-14 designation and an RT designation in Ada County for
zoning.
3. That the Applicant is owner of record of the above
referenced property in part, as well as David L. Nordling, Paul
Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D,
Inc., Norman G. Fuller, President, and they have submitted consents
to the application and have requested this annexation and zoning,
and the application is not at the request of the City of Meridian.
4. That the Applicant requests that the property be zoned
General Retail and Service Commercial (C-G) and Limited Office (L-
O) ; that the L-O District is described in the Zoning Ordinance, 11-
2-408 B. 7. as follows:
(L-O) Limited Office District - The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses.
Research uses shall not involve heavy testing operations of
any kind or product manufacturing of such a nature to create
noise, vibration or emissions of a nature offensive to the
overall purpose of this district. The (L-0) District is
designed to act as a buffer between other more intense non-
residential uses and high density residential uses, and is
thus a transitional use. Connection to the Municipal Water
and Sewer systems of the City of Meridian is a requirement in
this district.
That the other requested zoning of General Retail and Service
Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B.
11. as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 2
(C-G) General Retail and Service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.~~ ~ ~ ~
/'AD 5. That Applicant's representative stated before the ~
/
.~-~ ~'-~`~ Planning and Zoning Commission hearing on August 8, 1995, that the
proposed use for the property will be to allow office development
and general commercial development for Meridian tax base; that the
portion of property next to the residential lots within Franklin
Square Subdivision (excluding Lot 17, Blk 5) will be zoned as
Limited Office to provide a buffer land use between Franklin Square
Subdivision and the Commercial General located. along Franklin Road
and Meridian Road; that the area surrounding this property is
urbanized and includes commercial development, the Hope Arms
Apartments, public indoor and outdoor storage, mobile home park and
a residential subdivision; with Limited Office located on the west
side of the property as a buffer to the Franklin Square
Subdivision, this annexation plan will blend with existing
development and support the City's stated desire to have business
uses at this location.
He also stated that this annexation request complies with the
Meridian Comprehensive Plan which supports office and commercial
land uses along Franklin Road and Meridian Road; that it is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 3
• i
understood by the Applicants that any uses in the L-O and C-G zone
should be processed with a Conditional Use Permit to allow
additional public and City review to address site specific issues
at the time of development; that the Applicants request a
development agreement that addresses the conditional use procedure
for all development in this annexed property.
And Mr. Forrey testified that approximately one (1) year ago
Troy Green brought before the Commission his application to develop
a mobile home park at this location; that it went through the
public hearing process where the citizens voices were heard
regarding protecting local property values, creating a property tax
base, concern about school attendance and their concerns over
having good landscape buffers right next to their subdivision; that
the Commission recommended denial and the Application proceeded no
further.
That this request for annexation to Limited Office and General
Retail and Service Commercial will be good for the residents in
Franklin Square Subdivision; that any development that would occur
there should be done under the conditional use permit process; that
maximum citizen involvement is what the residents. requested during
the Troy Green project and this will offer the residents total
involvement as to what is developed at the site.
Mr. Forrey testified that the developer would expect there to
be a development agreement fully approved and negotiated before any
processing of any conditional use permits on the property; that to
this date, no specific use has been expressed; that the staff
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 4
reports have been reviewed by the developer and that there are no
objections; that the residents/neighbors would give input as to
type and how wide the landscaping buffer would be; that a good
setback of maybe 35 feet along the back on the west edge of the L-O
and next to Franklin Square Subdivision with a creative kind of
easement that would give the people that back up to this property
a way to access their backyards, is something that can be easily
worked out in each development proposal; that. as far as the
business. uses there is really no demand to use the local streets,
Pennwood or Barrett; that the attraction is Meridian and Franklin
Roads and the two business interests that the developer is looking
at now are offers to get access to both of those arterials; that it
is entirely possible to have either no connection and cul-de-,sac
those streets or a very indirect way as an outlet and a convenience
to the subdivision but not necessarily be a convenience or
necessary for the office or commercial development and that any
connection there would be fairly secondary and not primary at all
in the development concept.
Ms. Sanford testified before the Council that the Findings of
Fact and Conclusions of Law were reviewed and that they were
acceptable; that a few concerns exist regarding the connection
through. Pennwood or Barrett Streets.
6. That the developer, Jim Ballantyne, testified before the
Planning and Zoning Commission that a small strip of land owned by
Norm Fuller may be an easement; that it is a 50 foot easement.
That the City Attorney, Wayne G. Crookston, Jr. stated that the 50
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 5
•
foot easement would have to be annexed to be able to be used for a
drive and that consent of the owner would be necessary; that
consent was received prior to the preparation of the Findings of
Fact for the P & Z Commission.
Mr. Ballantyne testified at the City Council public hearing of
a conflict which exists in the P & Z Commissions Findings regarding
the 35 foot landscape setback on Meridian Road; that the land
mentioned there is land owned by Norman Fuller but that Ballantyne
has access and owns an easement through Fuller's property; that
Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot
setback for landscaping and sidewalks; that the Ada County Highway
District addressed this also and did not require the 35 foot
landscaping and setbacks; also there is a conflict regarding the
road entrance; that our access to that easement of Fullers fails to
line up with a curb cut across the street in a commercial
development being done by Rick Thomas; that the center lines are 10
to 15 feet off center; that they could go either way to almost
comply, but it would be impossible for this piece of narrow
property and the easement that Mr. Fuller gave us; that some
agreement can be made regarding access to the neighbors contiguous
to this development but that there is an off set by not having to
actually landscape quite that much land; that 35 feet is an
excessive amount of off set.
7. There were several who testified at the August 8, 1995,.
hearing before the Planning and Zoning Commission about the
Application; the testimony can be summarized as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 6
~ r
a. Mike Weavers testified during the P & Z public hearing
regarding what the current zoning of R14 with the County
is; he questioned whether Barrett Street and Pennwood
Street would remain dead end streets or become cul-de-
sacs or through streets; that he would like to see a
layout of roadwork of the area designated for L-O and
whether roads will be directly behind the houses with a
buffer zone and what type of a buffer zone will be
available, chain link fence, wooden fence, a grass
buffer, or a concrete barrier.
b. Raymond Kutch offered testimony regarding the proposed
Limited Office (L-0) and how can the City annex something
when it does not know what is to be put there and he also
questioned as to how C-G allows access through L-O; and
with regards to the buffer, he suggested that possibly
Applicant would be allowed to buy some land directly
behind their homes so they could have a permanent buffer.
c. Karen Gallagher, for the Ada County Highway District,
testified that staff has discussed in general that the
roadway network for this project would begin with a
connection to Franklin Road and that would align with a
lumber store across the way; that second would be what is
coming from Franklin Road; that ACRD is not sure how the
easement is going to align as an offset with Gem Street
and the approved accesses for the office developments
that have been approved south of Gem Street; that details
have not been looked at in specifics at this point; that
certain proposals are being discussed and would take into
consideration the extension of Corporate Drive through
the parcel to the south through the rental center; that
discussion has begun with some developers and their
applicants; that when that road is before us and does
become a reality, the Ada County Highway District would
be looking for a connection from the extension of
Corporate to this development, so stub streets would be
a part of that; that connections from residential to
office are usually good compatible land uses and the ACHD
supports connections between residential and abutting
commercial; that until ACHD sees specific proposals and
those land uses are known, it is hard to make
determinations on how it is going to work.
Karen Gallagher further stated that the Ada County zone
of R14 was a highly dense use which could easily allow
duplexes, tri-plexes or four plexes; that as long as.
there is not a cut through adding more commercial traffic
to the residential, but just providing a convenient
connection, that there would be at least a 50/50, if not
higher chance, that Barrett Street and Pennwood would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 7
continued streets; but there is a possibility, depending
on the development that comes in, that those could be
cul-de-sacs and leave them as residential and that staff
has been supportive of those indirect connections.
d. That Sharlene and Doug Danielson testified that the
traffic now is of concern; that already people don't
observe the stop sign at the corner of Kearney and
Pennwood and to say now that the possibility exists that
Pennwood is opened up to go through to this new
development, the traffic will just be awful; that Mr.
Danielson stated that if Pennwood was connected straight
through to Meridian Road the access would be such that
you could avoid getting on Franklin at all, not only for
the residents to the west of this proposed annexation,
but also residents to the west of his subdivision who
presently use Lynwood or Southwest 12th; that Pennwood
would be a very convenient street for all of those
residents to be using; that the stop sign on Southwest
7th and Pennwood is not observed and' that 9 out of 10
cars, including police officers who patrol the area, do
not come to a complete stop and 3 out of 10 ease. through
the stop sign, with 6 out of 10 just flat run it; that
the speed limit of 25 mph is not enforced and all in all
it's an accident waiting to happen.
e. That Don and Christine Mace submitted written testimony;
that their property is lot #20 in Lynhurst Place; that
the area to be zoned L-O will be right next to their
backyard; that the request for Limited Office and
Commercial General seems more practical and workable than
the earlier request for a 240 space mobile home park and
that they have no objections to this request; that their
concerns lie with the extension of the streets and to the
type of buffer between the office areas and the homes;
that they do not want to look across their back yard and
see a chain link fence with a parking lot and there
should be no reason that a green belt type buffer cannot
be created between the homes already existing in their
subdivision and new office buildings.
f. That Joe Kutch testified before the City Council public
hearing that he would like an answer from the developer
regarding the property owners right behind this proposed
annexation having an opportunity to purchase any of this
property.
That Mr. Ballantyne stated he had no objection to
approaching the solution of maybe selling a strip of .land
to the neighbors there so they have deeded access to
their backyards; that the only people, impacted visually
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 8
by the development are the neighbors that actually have
lots contiguous to the development and that something
cold surely be worked out to where they have their
access.
8. That Larry Sale, of the Ada County Highway District,
testified before the Council to address Mr. Morrow's questions
raised with respect to the issue with the road not lining up and
where the ACHD's thoughts are with this application.
Mr. Sales testified that if it is correct that the 50
foot easement strip centerline is approximately l0 feet north of
the centerline of the curb cut into the Rick Thomas development of
some office buildings; that the off set is to the detriment of the
two driveways and vehicles turning left from Meridian Road into the
two driveways at the same time because they would meet at each
others steering wheels; that a suggestion perhaps would be that the
50 foot easement could be shifted a five (5) feet and that the
District could work with that without much of a major problem; that
if the driveways happen to be the other direction it wouldn't be so
severe.
Mr. Sales continued to testify that it is the goal of the
highway district that a fairly significant roadway be extended out
to Franklin Road through this property to get traffic from the
interior of this square mile out to Franklin and then the long term
plan to extend Corporate Drive west past this proposed development,
south into the interior of the square mile to really. serve as a
collector out of the area; that the district wold .expect this
development to have access to that collector either directly if the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 9
wells may be used for non-domestic purposes such as landscape
irrigation; that the developer will be responsible for the design
and construction of Water and Sanitary Sewer mains into the
property and shall meet all of the requirements of the City of
Meridian Public Works Department.
12. That Shari Stiles, Planning and Zoning Administrator,
submitted comments that a landscape setback of 35 feet beyond the
required Ada County Highway District right-of-way along the
identified entrance corridors of both Meridian Road and Franklin
Road should be provided; that a detailed landscape plan will be
required as part of a conditional use process; that since no
specific plans are shown, that any uses on this site should be
considered under the conditional use process and that "strip"
development should not be allowed; that a development agreement is
required as a condition of annexation.
13. That in prior requests for annexation and zoning the
former Planning Director had commented that annexation could be
conditioned on a development agreement including an impact fee to
help acquire future school or park sites to serve the area and that
annexations should be subject to impact fees for park, police, and
fire services as determined by the City and designated in an
approved development agreement.
14. That the Ada County Highway District submitted site
specific comments regarding this annexation; that 45 feet of right-
of-way be dedicated from the centerline of Franklin Road abutting
the parcel (20-additional feet) prior to issuance of a building
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 11
permit (or other required permits); that required street
improvements of 50 feet of 5 .foot sidewalk on Meridian Road
abutting the parcel and required street improvements of 260 feet of
5 foot sidewalk on Franklin Road abutting the parcel be made by
providing a deposit to the Public Rights-of-Way Trust Fund, ,prior
to issuance of a building permit (or other required permits); that
the driveway or street connections to Franklin Road shall align
with the existing driveway to the Hoff Building Supply on the north
side of Franklin or shall maintain minimum offsets; that driveway
or street connections to Meridian Road maintain minimum offsets,
and that additional restriction on the width, number and locations
of driveways, as required by District policy, shall be placed on
future development of this parcel.
15. That the Meridian Police and Fire Department Departments
submitted comments as did the Central District Health Department;
that all such comments are incorporated herein as if set forth in
full.
16. That the property .included in the annexation and zoning.
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included. within the Meridian Urban Service Planning Area
(U.S.P.A. ) as the Urban Service Planning Area. is defined in the
Meridian Comprehensive Plan.
18. That the property can be physically serviced with .City
sewer; that the City Engineer has recently questioned the ability
of the City to provide water and water service is contingent upon
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 12
positive results from a hydraulic analysis by the City's computer
model.
19. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
and commercial uses.
20. That the property is not included within any particular
area designated on the Generalized Land Use Map in the Meridian
Comprehensive Plan; that the property is shown as an existing urban
area.
21. That it is specifically found that the Applicant did not
present a concept and did not present a subdivision plat or any
other specific or concrete plan of development; that Applicant only
presented verbal indications as to what might be developed on the
property.
22. That in the Rural Area section of the Comprehensive Plan,
Land Use, Rural Areas, page 29, it states as follows:
"Land covered by this policy section has characteristics which
generally allow for' agricultural and. rural residential
activity due to the existence of irrigation systems, soil
characteristics and relative freedom from conflicting urban
land uses. Where community growth creates pressure for new
development, it must be recognized that agricultural land can
no longer economically continue to be identified or used as
agricultural land to the exclusion of orderly city growth and
development."
23. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states that land in agricultural activity
should so remain in agricultural activity until urban services
(municipal sewer and water facilities) can be provided.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 13
collector goes through the southern portion of this development or
through some adjoining property and the collector.
9. That Gary Smith, Meridian City Engineer, testified before
the Council in answer to Councilmen Morrow's request for any
additional input regarding this annexation; that Mr. Smith stated
that the sewer service for this property to the north and the east
of the Eight Mile Lateral as it crosses, would be towards Franklin
Road; that a sewer line in Franklin. Road at this time does not
exist, however some preliminary plans to construct one prior to the
improvement of Franklin Road would be available, but there is no
sewer in Franklin from Meridian Road to the west; that there exists
an elevation problem slightly west of Meridian Road; that the grade
of. Franklin Road is going up to get over the Eight Mile Lateral and
to get farther west with the sewer is a problem; that tieing into
the sewer line that goes in back of Hoff could be brought out to
Franklin Road and then extended west in Franklin.
10. Shari Stiles stated that she had no further comments on
this development without a plan before her; that it is difficult to
assess the compatibility with adjacent development with no plan to
look at.
11. That Bruce Freckleton, Assistant City Engineer, submitted
comments; that water service is contingent upon positive results
from a hydraulic analysis; that any existing irrigation/drainage
ditches crossing the property shall be tiled; that any existing
domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance, but
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 10
24. That Section 6.7U, of the LAND USE section of the
Comprehensive Plan, states as follows:
"Existing rural residential land uses and farms/ranches shall
be buffered from urban development expanding into rural areas
by innovative land use planning techniques."
25. That the requested zoning of Limited Office (L-0) and
General Retail and Service Commercial, (C-G), are defined in the
Zoning Ordinance at 11-2-408 B. 7. and 11. as follows:
~L-0 L Limited Office District - The purpose of the (L-0)
District is to permit the establishment of groupings of
professional, research, executive; administrative, accounting,
clerical, stenographic, public service and similar uses.
Research uses shall not involve heavy testing operations of
any kind or product manufacturing of such a nature to create
noise, vibration or emissions of a nature offensive to the
overall purpose of this district. The (L-0) District is
designed to act as a buffer between other more intense non-
residential uses and high density residential use's, and is
thus a transitional use. Connection to the Municipal Water
and Sewer systems of the City of Meridian is a requirement i.n
this district.
(C-G) General Retail and Service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need_of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.
26. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 14
r ~
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care,. water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks,
recreation services or school needs; and the City knows that new
developments of commercial and industrial developments do increase
the tax base so that some funds to provide for school services for'
current and future students can be raised.
27. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all lots in the
City, because of the imperilment to the health, welfare, and safety
of the citizens of the City of Meridian.
28. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 15
~ ~
the pedestrian easement shall be at least ten feet (10')
wide."
29. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
30. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities-) shall be preserved in the design of
the subdivision;"
31. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as ,utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due
to the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 16
32. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle-Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
33. That 11-9-607 A, of the Subdivision Ordinance, states in
part as follows:
"The City's policy is to encourage developers of land
development and ,construction projects to utilize the
provisions of this Section to achieve the following:
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more convenient pattern of commercial,
residential and industrial uses as well as public
services which support such uses."
7. A development pattern which preserves neighborhood
development and stability and encourages a
socioeconomic mixture of people within a given
environment.
34. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 17
• •
pursuant to 50-2-22, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function,.
3. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended; and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, .and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. That the land within the proposed .annexation is
contiguous to the present City limits of the City o'f Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8. That since the. annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105,
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 18
~ ~
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation.
10. That the Applicant's proposed use of the property is not
shown to be in compliance with the Comprehensive Plan because the
Comprehensive Plan lists this area only as being in existing urban;
that it is concluded that development of this area is very similar
to development that would be done at Locust Grove Road and Franklin
Road, Locust Grove Road and Fairview Avenue, and Eagle Road and
Overland Road, all of which are in Mixed/Planned Use Development
areas; it is therefore concluded that the annexation and zoning
Application would be in conformance with the Comprehensive Plan and
annexation and zoning should meet the same requirements as
developments in the Mixed/Planned Use Development areas at Locust
Grove Road and Franklin Road, Locust Grove Road and Fairview
Avenue, Eagle Road and Overland Road.
11. The Applicant stated, in the annexation Application, its
intention as to development, which is to provide office development
and general commercial development. It was also stated that it is
understood by the Applicants that any uses in the L-0 and C-G zone
should be processed with a Conditional Use Permit to allow
additional public and City review to address site specific issues
at the time of development and that the Applicants request a
development agreement that addresses the conditional use procedure
for all development in this annexed property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 19
• •
12. That the City adopted the Comprehens-ive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not otherwise contained in
the current Zoning and Subdivision and Development Ordinances.
13. That it is concluded that since the Applicant stated that
it was understood by the Applicants that any uses in the L-O and C-
G zone should be processed with a Conditional Use Permit; which is
done in the Mixed/Planned Use Development areas, it is therefore
concluded that development of the parcel of land should be
conditioned on being developed as a Commercial Planned Development,
which is permitted in the General Retail and Service Commercial ( C-
G) district and is a conditional use in the Limited Office
district.
14. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C-G) and
Limited Office (L-O), but only capable of being developed as a
planned commercial development under the conditional use permit
process.
15. That since Applicant's representative stated that they
desired a development agreement, as a condition of annexation and
the zoning of L-O and C-G, the Applicant shall be required to enter
into a development agreement as authorized by 11-2-416 L and 11-2-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 20
417 D; that the development agreement shall address, among other
things, the following:
1. Inclusion into the development, including but not
limited to, the requirements of 11-9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. H, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. M, Piping of Ditches
and 11-9-606
a. Bicycle Pathways.
b. Storm drainage.
c. Sidewalks and Pedestrian Walkways.
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of .any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
buffering, transitional land uses, traffic study. and
recreation services.
4. An impact fee to help acquire a future school or park
sites to serve the area.
5. An impact fee, or fees, for park, police, and fire
services as determined by the city.
6. Appropriate berming and landscaping.
7. Submission and approval of any required plats.
8. Submission and approval of individual. building,
drainage, lighting, parking, and other development
plans under the Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
the existing residential development.
10. Establishing the 35 foot landscaped setback required by
the Planning Director and landscaping the same.
11. Addressing the comments of the Planning Director, Shari
Stiles.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 21
r •
12. The sewer and water requirements.
13. Traffic plans and access into and out of the
development.
16. That Section 11-2-417 D of the Meridian Zoning Ordinance
states that a development agreement should be recorded in the
office of the Ada County Recorder and take effect upon the adoption
of the ordinance annexing and zoning the property, or prior if
agreed to by the owner of the parcel. That it has been the
experience of the City that development agreements are difficult to
enter into prior to the annexation ordinance being passed; that it
is concluded that the development agreement shall be entered into
prior the final plat being approved and prior to issuance of any
building permits.
17. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, but it
is concluded that there should- be no annexation until the
requirements of these Findings of Fact and Conclusions of Law are
agreed to by the Applicant and the owners of the property; the
annexation and zoning should be conditioned upon reaching that
agreement.
18. That the requirements of the Meridian Police Department,
Meridian Fire Department, Meridian City Engineer's office, Ada
County Highway District, Meridian Planning Director, and the
Central District Health Department, 'shall be met and addressed in
a development agreement.
19. That all ditches, canals, and waterways shall be tiled as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 22
a condition of annexation and if not so tiled, the property shall
be subject to de-annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de-annexation.
20. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement.
21. That these conditions shall run with the land and bind
the applicant and its assigns.
22. With compliance of the conditions contained herein, the
annexation and zoning of Limited Office (L-O) and General Retail
and Service Commercial (C-G), would be in the best interest of the
City of Meridian; that Applicant shall provide legal descriptions
for property to be zoned Limited Office (L-O) and the property to
be zoned General Retail and Service Commercial (C-G) prior to
enactment of the annexation and zoning ordinance, and such legal
description shall be agreed upon by the City.
23. That if these conditions of approval are not-met, the
property shall not be annexed.
24. That the Planning and Zoning Commission questioned
whether or not it should make a recommendation of approval because
the Applicant had not submitted a plat or development plan, but
concluded that it was in the best interests of the City to annex
and zone the property even though the development plan was only
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 23
• •
generally submitted orally at the hearing; the City Council hereby
concludes that it generally is in the best interests of the City to
have development plans and/or plats submitted at the time of
application for annexation and zoning; that, however, in this case
since the property is an enclave already within the City it is in
the best interests of the City to annex and zone the property even
though no development plan or plat was submitted.
APPROVAL OF F'INDINC~S OF Ia'ACT AND CONCLUSIONS
The Meridian City Council of the City Council of Meridian
hereby adopts and approves these Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN -°^-~a ~2oGtalT12EE" VOTED
COUNCILMAN TOLSMA VOTED
COUNCILMAN l~3 ENTL ~Y VOTED
COUNCILMAN MORROW VOTED
MAYOR ~~fN~~ARB ( TIE BREAKER ) VOTED
r CoR-R!E
DECISION
The City Council of the City of Meridian hereby decides that
the property set forth in the application for annexation and zoning
should be annexed and zoned under the conditions set forth in these
Findings of Fact and Conclusions of Law, including that the
Applicant enter into a development agreement prior to issuance of
a building permit; that if the Applicant is not agreeable with
these Findings of Fact and Conclusions and is not agreeable with
entering into a development agreement, the property should .not be
annexed.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE
Page 24