The URL can be used to link to this page

Home My WebLink About1995 09-05• • MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 5, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD AUGUST 15, 1995: (APPROVED) TABLED AUGUST 15, 1995: REQUEST FOR ANNEXATION AND ZONING FOR WHITESTONE ESTATES SUBDMSION BY WHITESTONE PARTNERSHIP (APPROVED AMENDED FINDINGS; CITY ATTORNEY TO PREPARE AN ANNEXATION ORDINANCE) 2. TABLED AUGUST 15, 1995: REQUEST FOR PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP (APPROVED MEETING ACRD AND STAFF COMMENTS) 3. TABLED AUGUST 15, 1995: NON-DEVELOPMENT AGREEMENT FOR FINCH CREEK SUBDIVISION: (APPROVED) 4. TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS AND RESTRICTIONS FOR SALMON RAPIDS SUBDIVISION: (TABLED UNTIL SEPTEMBER 19, 1995) 5. TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS ALa4MITOS SUBDIVISION: (TABLED UNTIL SEPTEMBER 19, 1995) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON: (TABLED UNTIL SEPTEMBER 19, 1995) 7. FINAL PLAT FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON TABLED AUGUST 15, 1995: (APPROVED MEETING STAFF CONDITONS) 8. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: (APPROVED FINDINGS; CITY ATTORNEY TO PREPARE AND ORDINANCE) 9. PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS TABLED AUGUST 15, 1995: (TABLED UNTIL SEPTEMBER 19, 1995) 10. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDIVISION NO.3 BY FARWEST DEVELOPERS: (TABLED UNTIL SEPTEMBER 19, 1995) 11. PRELIMINARY PLAT FOR SALMON RAPIDS SUBDNISION NO.3 BY FARWEST DEVELOPERS TABLED AUGUST 15, 1995: (TABLED UNTIL SEPTEMBER 19, 1995) 12. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR FRANKLIN GROVE COMMERCIAL CENTER BY MICHAEL PRESTON: (APPROVE FINDINGS; DECISION TO DENY) 13. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: (APPROVE FINDINGS; APPROVE DECISION) 14. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST BY AVEST LIMITED PARTNERSHIP: (APPROVE FINDINGS; APPROVE DECISION) 15. AMENDED ORDINANCE#632 - WESTSIDE BIBLE CHAPEUHICKS: (APPROVED) 16. AMENDED ORDINANCE #708 - LONGSON/C-G: (APPROVED) 17. FINAL PLAT: KENTUCKY RIDGE ESTATES BY SHEKINAH INDUSTRIES, INC. (LOCATED IN AREA OF IMPACT): (APPROVED) 18. ANNEXATION AND ZONING REQUEST FOR THE LAKE AT CHERRY LANE NO. 5 ~ 6 BY STEINER DEVELOPMENT TABLED AUGUST 15, 1995: (TABLED UNTIL SEPTEMBER 19, 1995) 19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.S 8~ 6 BY STEINER DEVELOPMENT: (TABLED UNTIL SEPTEMBER 19, 1995) 20. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: (APPROVE FINDINGS; CITY ATTORNEY TO PREPARE ORDINANCE) 21. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER PROVIDING GAS AND FOOD SERVICE BY JACKSON FOOD STORES: (APPROVED FINDINGS; APPROVE CONDITIONAL USE PERMIT SUBJECT TO STAFF CONDITIONS) 22. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK PHASE 5 BY RON NAHAS: (APPROVED SUBJECT TO STAFF CONDITIONS) 23. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.54 ACRES TO L-O FOR TREASURE VALLEY BAPTIST CHURCH BY RICHARD DEMICHELE: (APPROVED FINDINGS; CITY A~'TORNEY TO PREPARE ORDINANCE) 24. REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE BY WILLIAM AND CINDY WALGAMOTT: (APPROVEb FINDINGS; APPROVED CONDITIONAL USE PERMIT) 25. REQUEST FOR A TIME EXTENSION ON THE PRELIMINARY PLAT OF SUNDANCE SUBDIVISION: (APPROVED ONE YEAR EXTENSION) 26. RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: (TABLED UNTIL SEPTEMBER 19, 1995) 27. JOIE RUBY: CONCERNS ABOUT SALMON RAPIDS SUBDIVISION FENCE: 28. SKYLINE DEVELOPMENT: REQUEST FOR TIME EXTENSION. ON THE LANDING SUBDIVISION N0.8 & 9: (APPROVEb ONE YEAR EXTENSION) 29. WATER/SEWER/TRASH DELINQUENCIES: (APROVED EXCLUDING WILMA BLAIR) 30. APPROVE BILLS: (APPROVED) 31. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. SUNDANCE SUBDIVISION -LATECOMERS AGREEMENT: 2. CHANGE ORDER REQUEST FOR WELL NO. 16: (APPROVED) 3. CHANGE ORDER REQUEST FOR WELL NO. 12: (APPROVED) B. WILL BERG, CITY CLERK: 1. RESOLUTION #162 -ELECTION: (APROVED) 2. APPROVAL OF ELECTION JUDGES AND CLERKS: (APPROVED) C. SHARI STILES, PLANNING ADMINISTRATOR: 1. WESTERN HEALTH ORGANIZATION: (APPROVED ONE YEAR EXTENSION) MERIDIAN CITY COUNCIL SEPTEMBER 5, 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M. MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Jim Johnson, Chief Gordon, Ken Henderson, Darwin Curry, Kristina Donner, Carla Motley, Frank Graham, Wilma Blair, Glenn Ward, Gordon Browning, Joe Simunich, Nancy Mortimer, Mike Preston, Dale Binning, John Jackson, Karen Gallagher, William Walgamott, Scott Thompson, Brandy Hazen, John Shipley, Bradley Wood: MINUTES OF PREVIOUS MEETING HELD AUGUST 15, 1995: Kingsford: Council members you have had the minutes of the meeting held August 15th, are there any corrections, additions or deletions to those minutes? Tolsma: Mr. Mayor I move they be approved as written. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the August 15th minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AUGUST 15, 1995: REQUEST FOR ANNEXATION AND ZONING FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Questions of the Council? Morrow: Mr. Mayor, one of the reasons it was tabled was the resolution of the proper written notification of the neighbor I believe to the west. Has that in fact been accomplished? Kingsford: Shari, do you have a comment on that? Stiles: Councilman Morrow and Council we have received written verification of their waiver of notice on that application. Kingsford: Are there questions of the Council? Morrow. A couple of the other questions were the 1400 square foot minimum and the issue with the temporary lift station, who maintains it? Given the fact that with Packard • Meridian City Council September 5, 1995 Page 2 Subdivision we had discussed that they maintain the lift station in the approval and annexation request of that subdivision. Kingsford: Or that they pay commensurate to what that estimated value was. Morrow: That is correct, so I guess I am asking Gary, do we have any numbers there or have we addressed that issue since our last meeting? Smith: I don't have any numbers Councilman. Morrow: Okay Kingsford: Other questions of the Council? Counselor, your recollection were there additional findings from the public hearing? Crookston: No Kingsford: Any other questions on the request? Corrie: Mr. Mayor, I move that we approve the findings of fact and conclusions of law for Whitestone Subdivision. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve the findings of fact and conclusions of law as prepared for Whitestone Subdivision, discussion Mr. Morrow. Morrow. Essentially I don't have anything wrong or see anything wrong with the findings of fact and conclusions as they are written. I would like to stipulate the additional requirement that the development be responsible for the maintenance df the temporary lift station and be consistent for ones we have already approved for those required. I don't see that as part of the findings of fact and conclusions. Having said that, I can't support this particular motion in that format. Kingsford: Other discussion? Corrie: Mr. Mayor (inaudible) I was thinking that was on page 4, number 13 but it talked about this temporary lift station will be installed by the developer to serve the subdivision until such time as trunk line in Black Cat is constructed. Kingsford: That is installed by but not maintained by. • • Meridian City Council September 5, 1995 Page 3 Corrie: I see his point. Morrow: And consistent with the Packard presentation they were required to maintain. Kingsford: We have the second withdrawn is there a withdraw of the motion? Corrie: I move that we amend the, that we approve the findings of fact and conclusions of law with the amended (inaudible) temporary lift station will be installed by the developer and maintained by him until such time as the trunk line is constructed. Morrow. Second Kingsford: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law as written with the amendment to include that the developer shall install and maintain the lift station until the trunk line is completed, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion to have the City Attorney prepare an ordinance? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare an annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AUGUST 15, 1995: REQUEST FOR PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Does Council have questions on the preliminary plat? Morrow. I have a question with respect to the block length. Can you address that Gary or Shari? Stiles: Councilman Morrow and Council the new plat you have in your packets does include a couple of stub streets, they have also submitted a variance application that won't Meridian City Council September 5, 1995 Page 4 be heard until the 19th. I believe what they have famished on this new plat although there are block lengths that exceed I think, exceed a 1000 feet is still acceptable to me. That is all I have on the block length. Morrow. Everything else then on the plat is acceptable to you? Stiles: With the exception of the fact that some of the street names have not been approved everything else is acceptable to me. Morrow. And Gary, everything is acceptable to you that is in the plat. And they have all of your written conditions? Smith: Yes, they have commented on, sent comments on my review comments. Morrow. And those are acceptable? I have no further questions. Kingsford: Other questions of the Council? Are you prepared to take action on the preliminary plat? Morrow Mr. Mayor I would move that we approve the preliminary plat for Whitestone Estates Subdivision subject to ACHD and staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the preliminary plat for Whitestone Estates Subdivision by Whitestone Partnership subject to staff and ACHD comments being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED AUGUST 15, 1995: NON-DEVELOPMENT AGREEMENT FOR FINCH CREEK SUBDIVISION: Kingsford: Questions of the Council on that item? Morrow: The reason for the tabling Kingsford: Shari do you recall? Smith: Mr. Mayor, it was tabled as I recall because of a question as to why they wanted to have the phases of development take place. I subsequently talked to a representative from • • Meridian City Council September 5, 1995 Page 5 Hubble Engineers the following day and she stated that is was for economic reasons. Kingsford: Other questions of the Council? Morrow. So what they are asking for is anon-development agreement on phase 2 or for the whole thing Gary? Kingsford: There is a specific portion there that is outlined that is for anon-development agreement as I recall. It is phase 2, which is 29 building lots. Tolsma: (Inaudible) Kingsford: That is correct. Morrow: And the 15 lots in phase 1 would not be affected? Kingsford: That is my understanding yes. Morrow: Mr. Mayor I would move we approve the non-development agreement for Finch Creek Subdivision for phase 2. Tolsma: Second Kingsford: Can I ask that you authorize the Mayor and City Clerk to sign that? Morrow. I would include that in the motion authorizing the Mayor to sign and the City Clerk to attest that non-development agreement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the non-development agreement for Finch Creek Subdivision authorizing the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SALMON RAPIDS SUBDIVISION: Kingsford: Counselor, have you now received and reviewed those and given comment on them? Meridian City Council September 5, 1995 Page 6 Crookston: Mr. Mayor I have reviewed them, I made some additional comments. I made comments and submitted them to the City, I reviewed them again today and submitted additional comments. We don't have changed covenants back to my knowledge. Kingsford: Is there a representative from Salmon Rapids here? Marty Goldsmith? Could you tell us the disposition of those CC&R's at this point. Your name first for the record. Henderson: My name is Ken Henderson, I am an employee of 1=ann~est Developers. I don't know the disposition of those CC&R's. Last I knew they were submitted to our attorney and I haven't heard back from him. Kingsford: Well, certainly I vuouldn't recommend the Council ever to approve anything that they haven't seen. Entertain a motion to table. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the CC&R's for Salmon Rapids until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS SUBDIVISION: Kingsford: Same situation Counselor? Crookston: Yes Kingsford: Entertain the same motion. Morrow: Same motion Yerrington: Second Kingsford: Moved by Walt, second by Max to table the CC&R's for Los Alamitos until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea • • Meridian City Council September 5, 1995 Page 7 ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISIONS NO. 5 BY RAMON YORGASON: Kingsford: Counselor, your comments with regard to that? Crookston: Yes, Mr. Mayor, when I commenced to prepare the findings of fact and conclusions of law the first document that I picked up was a report from Bruce Freckleton from our water and sewer departments. He said that it could be or had to have a 70 inch or greater sized pipe. The next document that I picked up was from Nampa Meridian Irrigation District that said it did not require more than 48 inch pipe. So, I called Mr. Freckleton explained that to him he said that he had reviewed the engineering that had been, submitted to him from Hubble Engineers. That is the reason that he submitted his comments. He then contacted Nampa Meridian and they had not received the engineering comments or responses from Hubble Engineers. Mr. Freckleton got a hold of or got the comments over to them. They reviewed it, they wrote back and said not more than a 48 inch pipe was required. There is still a question up in the air. I felt that it was inappropriate to prepare the findings of fact and conclusions of law. It was my suggestion that the matter be tabled tonight and necessary that we have additional public hearing so that we can accept further comments both from the engineer and from Nampa Meridian. That is where we are at. It is similar to the situation that we had in the Landing Subdivision when they were requesting a variance of the tiling requirement. I think that we -need some additional evidence to decide who is submitting the correct engineering and opinions. Kingsford: I question whether we need to have a public hearing on that issue. Certainly there needs to be a meeting of the minds as to which information is correct. Crookston: My comment with regard to the public hearing is that the public hearing was closed to accept additional evidence. I believe that we would need to either re-open it, it is hard to say who is interested in this. My comment was going to be that the people interested would waive the public hearing requirement. It is just difficult to say who is interested. So it is difficult to say who should waive. Kingsford: Any of you guys understand that? Tolsma: It says here (inaudible). Kingsford: While Nampa Meridian's letter didn't come out and say as it did in a previous situation, sounds to me like though at least indirectly they are accepting responsibility if the 48 inch pipe doesn't work, am I reading wrong there? Crookston: They don't come out and specifically state that. • • Meridian City Council September 5, 1995 Page 8 Kingsford: But they certainly intimate (inaudible). Crookston: They intimate that 48 inches or less would satisfy the water needs for the Creason Lateral. They don't specifically state that they will accept liability if a 48 inch pipe is put in. And that size pipe does not work (inaudible). Kingsford: I would suggest to the Council you table it until we get a meeting of the minds for the engineers and from Nampa Meridian and if Nampa Meridian is not willing to accept liability then I am not willing to accept their recommendation. If they are then they are the purveyor of that water and I would respect that. Morrow: I agree with that, so moved. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table this until the next meeting, all those in favor? Opposed? MOTION CARRIED: AlI Yea Kingsford: I guess that likewise would table the next item on the final plat. ITEM #7: FINAL PLAT FOR WATERBURY PARK SUBDIVISION N0. 5 BY RAMON YORGASON: Kingsford: I am seeing a shaking of the head. We are talking about a variance here so they can go ahead with that without the variance anyway. Under discussion then on the final plat for Waterbury Park Subdivision No. 5. Morrow. My question would be to Shari and Gary then in terms of staff, are you satisfied with the response to comments for the final plat for Waterbury Park No. 5? Stiles: Councilman Corrie and Council, I guess my only concern would be that the final plat would have to be changed should the variance not be granted and they had to the it. I would hate to have to go back through to change that. They have left the easement area assuming that the variance will be granted. There may be some re-design involved if they are going to the that and can get encroachment permits to allow bigger lots or maybe that is not enough of a concern but that is my only concern about that. Kingsford: My recollection Shari is that is shows the amount of land that they have without an adjustment in the easement. I don't think that they have indicated that they want to have i • Meridian City Council September 5, 1995 Page 9 an encroachment agreement if it is tiled. Stiles: The applicant has stated that the plan will stay the same either way that he will have that same lot size so I have no problem with it. Kingsford: Anything else then Shari on that? Stiles: I believe that there was a concern previously with the Simunich property but that has been worked out. Kingsford: With regard to the road alignment? Stiles: Yes Kingsford: I was thinking I had seen a letter to that effect. Stiles: I hadn't heard anything from Joe Simunich but. Kingsford: He is nodding in the affirmative, we did receive a letter I assume he did as well. Gary did you have anything then? Smith: No, I don't Mr. Mayor. Typically they are just minor items that need to be corrected. Kingsford: Other questions of the Council? Morrow. Mr. Mayor, I would move we approve the final plat for Waterbury Park Subdivision No. 5. Tolsma: Second Kingsford: Any stipulations on it. Morrow: Subject to the staff conditions of course. Kingsford: Moved by Walt, second by Ron to approve the final plat for Waterbury Subdivision No. 5 subject to staff conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS SUBDIVISION NO. 3 BY • Meridian City Council September 5, 1995 Page 10 FARWEST DEVELOPERS: Kingsford: Has the Council reviewed those findings? Morrow: Mr. Mayor, I would move that we approve the amended findings of fact and. conclusions of lawforthe annexation and zoning request for Los Alamitos Subdivision N0. 3 by Farvvest Developers. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the amended findings of fact and conclusions of law for annexation and zoning for Los Alamitos Farwest Developers, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, City Council of the City of Meridian hereby recommends approval of the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Including that minimum house size shall be 1500 square feet and applica#ion shall construct a bridge and road which crosses the Ridenbaugh-Canal and surface water be used for pressurized irrigation if possible. That the applicant shall meet tha provisions of the conclusions regarding monitoring of wells. Evidence of transfer of school site property must be given to the prior or obtaining building permits for housing. And that the applicant and owners be specifically required to the all ditches, canals and watenivays specifically including the Hunter Lateral as a condition of annexation. And that the applicant meet all of the ordinances of the City of Meridian specifically including the development time requirements and entering into the required development agreement. That the conditions of these findings of fact and conclusions of law and that if the conditions are not met that the property be de-annexed. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the decision on the annexation, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council September 5, 1995 Page 11 Kingsford: The decision is approved. Is there a motion to have the City Attorney prepare an ordinance? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare an ordinance annexing and zoning Los Alamitos Subdivision No. 3, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS TABLED AUGUST 15, 1995: Kingsford: Any questions or discussions of the Council? One of the things that would need to be changed from the plat is since you require that bridge and road. Corrie: Mr. Mayor, would it not be a wise decision to have that done before we approve. I think it vw~uld myself. I would like to table this, would it be proper to table it? Okay, table this preliminary plat until wee have the new plat brought to us showing this street over the Ridenbaugh Canal. Kingsford: Is there a second. Yerrington: Second Kingsford: Moved by Bob. second by Max to table the preliminary plat for Los Alamitos Subdivision No. 3 until the next meeting, discussion? Tolsma: I have a question (inaudible) Corrie: Right, that is the one that the fire department also I think the school was asking for an extension. (Inaudible) down south east and we need a connection to that one. Kingsford: Any other questions? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDIVISION NO. 3 BY Meridian City Council September 5, 1995 Page 12 FARWEST bEVELOPERS: Kingsford: The Council have any questions or comments about those findings? Any questions of staff? Tolsma: I have one question, we have another article later on tonight I was (inaudible) fence for Salmon Rapids Subdivision (inaudible) maintained on the previous Salmon Rapids Subdivision. I am just wondering if this would be a good time to see if the fence (inaudible) neighbors satisfaction out there before we annex and zone some more (inaudible). Kingsford: You are speaking of agenda item #27? Tolsma: Right (inaudible) Morrow: I think the points about, I think I would like to discuss that issue at the present time obviously if we aren't getting the first stuff done in the proper manner maybe we shouldn't be annexing any more of the ground. I recognize that is out of order in terms of the agenda, but it seems to me Ron has a real valid point. Kingsford: Is Joie Ruby present? (Inaudible) Kingsford: Then it would be appropriate to put that off. Do you wish to table this until after that discussion? Morrow. So moved Corrie: Second Kingsford: Moved by Walt second by Bob to table the amended findings of fact and conclusions of law for Salmon Rapids Subdivision until after the agenda item #27, I would entertain that motion again on item #11 since it deals with that same subject. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table items 10 and 11 until after item #27 all those in favor? Opposed? • i Meridian City Council September 5, 1995 Page 13 MOTION CARRIED: All Yea ITEM #12: AMENDED FINDING OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR FRANKLIN GROVE .COMMERCIAL CENTER BY MICHAEL PRESTON: Kingsford: Has the Council reviewed those findings? Morrow: Mr. Mayor I would move that we adopt the amended findings of fact and conclusions of law for the annexation and zoning request for Franklin Grove Commercial Center as written. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the amended findings of fact and conclusions of law for annexation and zoning request for Franklin Grove Commercial Center by Michael Preston, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Yerrington: Mr. Mayor, the Meridian City Council hereby decides that based on the findings of fact and conclusions of law and the above states that the annexation application is denied. Kingsford: You heard the motion is there a second? Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the decision, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #13: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Meridian City Council September 5, 1995 Page 14 Kingsford: Has the Council reviewed those? Corrie: Mr. Mayor, I move that we approve the findings of fact and conclusions of law as amended for Highlands Ranch Subdivision. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the amended findings of fact an conclusions of law for annexation and zoning request for Highlands Ranch Subdivision for Gem Park No. 3 Partnership, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie - Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Corrie: Mr. Mayor I move the City Council hereby decides that the annexation and zoning shall not proceed at this time but shall be tabled until October 3, 1995. That the applicant shall be given an opportunity to make the changes suggested herein applied for approval of a new plat and approval of a Comprehensive Plan Amendment. If the applicant does not send a written statement to the City by October 3, 1995 at 5:00 P.M. stating that it agrees with these suggestions and will meet these findings of fact and conclusions of law the applicant shall be denied based on the findings of these facts and conclusions of law. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST BY AVEST LIMITED PARTNERSHIP: Kingsford: Has the Council reviewed those findings? Morrow: Mr. Mayor, I would move that we approve the amended findings of fact and conclusions of law for the conditional use permit request for Avest Plaza. Yerrington: Second • ~ Meridian City Council September 5, 1995 Page 15 Kingsford: Moved by Walt, second by Max to approve the amended findings of fact and conclusions of law for a conditional use permit for Avest Limited Partnership, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, we the Meridian City Council hereby decide that the conditional use permit requested by the applicant for the property described in the application is approved under the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision and recommendation all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: AMENDED ORDINANCE#632 - WESTSIDE BIBLE CHAPEL/HICKS: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #632 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #~32. Tolsma: Mr. Mayor I move we approve Amended Ordinance #632 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Amended Ordinance #632 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea • Meridian City Council September 5, 1995 Page 16 ITEM #16: AMENDED ORDINANCE #708 - LONGSON/C-G: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH 300 FEET OF THE EAST 95 FEET OF LOT 5 OF PLEASANT VALLEY SUBDIVISION N0.2, SECTION 8, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #708 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #708. Yerrington: Mr. Mayor, I move for the approval of Ordinance #708 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve Amended Ordinance #708 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #17: FINAL PLAT: KENTUCKY RIDGE ESTATES BY SHEKINAH INDUSTRIES, INC. (LOCATED IN AREA QF IMPACT): Kingsford: Any discussion of the Council? Morrow. Some questions for Gary. I recognize that this is in our Area of Impact and not within the City limits of Meridian, but it is indicated at least if I understood this right that there is a central water system and that there is a sewer system. Smith: Yes Morrow. What is the design criteria for those things, will those things be designed or have they been designed in such a manner that at point of annexation that they work within our system? Smith: I can only think that the design and construction of a facility in the County would be approved by DEQ, State of Idaho, Division of Enviromental Quality. And built to their standards. Tha# is an assumption. At the time that this project would be annexed to the City of Meridian the lagoon would be abandoned and the gravity system would be • • Meridian City Council September 5, 1995 Page 17 connected to our system. I don't know of the elevation that exists out there other than it is higher than, I mean it is up on somewhat high ground. I wouldn't expect that there would be a problem in connecting to our system as we come out that way. I can't say for certainty that it would align exactly. Kingsford: Did that answer all your questions Mr. Morrow? Smith: It is a central water system, ground water wells supply the system. Again, I believe any time you have over 20 users that is a public drinking water system and is governed by the rules and regulations of the State of Idaho. Kingsford: But in terms of that likely being something that we could use for that small of a subdivision it probably wouldn't fit in our needs. Morrow: Where do these things come from? Smith: Would not? Kingsford: Or it would? Smith: Well I don't know Mayor, I can only assume that it could be connected to our system with perhaps some modification. But again, basically our system our wells and pump houses are designed in accordance with the State requirements. We may be a little more sophisticated in some of the things we do but I think generally speaking the systems that are designed for a community outside of the municipality still have to meet those basic requirements. Kingsford: My comment was with regard to the size, typically if we don't have one that is putting out 500 or 600 gallons per minute it doesn't really benefit the City that much. Smith: Right, and I think our smallest well is probably in the 600 to 700 gallons per minute range for production. Morrow. My last question here is who does the inspection of the installation of pipe lines for both water and sewer? The point that I am getting at here is that this is, I have not seen one of these come before us before. Historically when we had a subdivision it (inaudible) and one 15 acre lot. Now all of sudden here we have got what is really a residential subdivision within the County that is within our area of impact and will be within in our city. So I want to make sure that at the time that this is zoned and annexed whether that be next year or 10 years from now that our citizens in the City of Meridian aren't having to pay for deficiencies that might be in these types of subdivisions. That is the • • Meridian City Council September 5, 1995 Page 18 point of my questions. Smith: I understand. Morrow. So who does the inspection of the installation of these? Smith: I can't answer that question exactly. I know that DEQ has to approve the plans ad they do for subdivisions within our City limits. The city limit projects require the design engineer to certify to DEQ within 30 days after the construction is complete that the construction has been done in accordance with the approved plans and specifications. If there are any major changes during the sequence of construction then the engineer is responsible to report those to DEQ so that they can decide if they need to be involved in an approval of this change if one occurs. But typically the design engineer will write a fetter to DEQ certifying, verifying that the installation has been constructed in conformance to the approved plans and specifications. Kingsford: And so that would be true of a system because it is over 20 regardless of whether it is in the city or not? Smith: Yes, correct, that is right. Now, to further answer your question Councilman Morrow, in this particular case the design engineer I think is the only person that looks after the construction and in talking to Mr. Preston I know that he tells me that he is on the site and he is involved in construction of the pump house facility for example and so he is there during the day. If there are any questions that come up or Concerns at the time the installation is being done for sewer and water. He has told me that he has used C900, ASTN C900 pipe or a WWA C900 pipe for the water system which is what we use in our system in town. And that he has used ASTM 3034 sewer pipe which is again our spec for sewer pipe in town.. I know that on one case that I can think of Boise City accepting a sewer system did quite an involved analysis or review of the system that was in the ground that had been operating for some years. Sent television cameras down the sewer lines, physically inspected all of the manholes and that sort of thing looking for infiltration, looking for alignments, looking for type of construction. This was all done before they would accept the system as theirs. This was a system that was outside their city limit boundary. And so, along that line of thought, if we were to accept or annex this particular subdivision sometime in the future that certainly would be a requirement that we would place on the subdivision for annexation. Water systems are a little more difficult to evaluate other than frequency of leakage and that sort of thing. I don't know, and I am sure the design engineer can tell you all the type of construction that was done in installing the line and who the contractor was that installed the water line and the sewer line. So, we would have to go on some kind of record of the contractor perhaps, past performance if that contractor had worked within the city limits of Meridian. I doesn't mean that it may • • Meridian City Council September 5, 1995 Page 19 have been constructed as we require but again a contractor that does good work does good work generally speaking. Whether they are being watched closely or not. Morrow: Let me ask you one final question, how does the sewage disposal system work in this particular project. I know what we have to go through it is tough for me to understand how something this small can come to the same set of standards that we have to come to. Smith: I am not certain of the exact operation of the system. I believe that it is a closed system, it is a lagoon that has zero discharge. Mike Preston can elaborate on that for you. It is a lagoon system, it has been operating, I believe it is the same system that has been operating on Meridian Heights Subdivision which has been out there for a number of years. We would not be in the operation of a lagoon system if that subdivision was annexed to the City of Meridian. It would need to be connected to our system I believe that would be the case. Again, I can't verify to you that the elevations are such that we wouldn't have a problem in connecting that with a line that is being extended out Meridian Road for example. If that was the line that it would connect to. But, I am fairly certain that there would not be a problem because of the elevation difference where the line is coming out Meridian Road to the elevation of this site. Kingsford: Other questions of the Council? Tolsma: (Inaudible) Gary or Wayne, but the Fire Chief said (inaudible) 2 hours. If this is in the County, do we have any jurisdiction over this Wayne? Crookston: No Tolsma: We don't, then that is a suggestion then that the Fire Department can make. Crookston: If it is within the Rural Fire District but we do not enforce their rules. Kingsford: But they would have to sign off on the plat so that (inaudible). Corrie: That was one of my questions Mr. Mayor for Mr. Preston, maybe he can answer it. You are sharing water and sewer with Meridian Heights water. Do you have enough wells to give you that 1000 gallons a minute for 2 hours? They are requiring that with the rural. I know you have talked to them. Preston: Mr. Mayor, members of the Council my name is Mike Preston, I am President of Shekinah Industries with this plat. The answer to that question is we have 1366 gallons a minute out there. In relation to how can such a small subdivision conform to the same Meridian City Council September 5, 1995 Page 20 r~ standards as municipalities? We had to, but it is not just this subdivision there are 220 other lots already, This will bring a total of about 270 or so and it is going to be 300 to 320 lots subdivision system eventually over time. I would be happy to answer any more of your questions. Kingsford: Any other questions the Council may have of Mr. Preston? How would this compare Mike with, I don't remember the name of the sewer district, but around Indian Lakes Subdivision has a severer district. It is my recollection is that also a lagoon system? Preston: It is, I believe the difference between that one and my or our system is that we do have a discharge. Gary mentioned it was totally contained, but we do chlorinate the effluent and irrigate on an alfalfa field. So it is a complete tertiary system. This system was designed to last for indefinitely, forever with proper maintenance. It will never wear out it is just like any other municipal system and I had to go through all the same rules and regulations is took years, previous years with the Meridian Heights system to get it approved. It is a very good system. Kingsford: Other questions? Questions of staff? Is the Council prepared to take action? Again this is a recommendation to the County for that subdivision. Morrow: Mr. Mayor, I think I am going to make 2 comments here, one is that given the testimony I don't have any particular problem with this subdivision because it is small in nature but I think that we in the county need to come to an understanding in terms of what goes on in our area of impact with respect to subdivisions and so and so forth and sewer systems and water systems. Obviously it appears to me that they are assuming a role of development that rightfully belongs to the City within the area of impact. I don't know that this entire project is in our best interest as a city or not. Based on Mr. Preston's testimony and Gary Smith's testimony I think that maybe we press ahead with this project but I think it is the last that I really want to see. Kingsford: I think what you are talking about Mr. Morrow is our Comprehensive Plan agreement with the County that as you well know we have haven't gotten the approval of our Comprehensive Plan that we amended in 1993. And so they moved with a rather rapid pace over there. So, while I applaud your comment those efforts would need to be initiated posthaste if we hope to have them completed in this century I guess. Morrow. That is a fair assessment. At any rate my motion would be that we move to approve the final plat for Kentucky Ridge Estates as presented to us with the notation to Ada County concerning the other issues. Corrie: Second Meridian City Council September 5, 1995 Page 21 Kingsford: Moved by Walt, second by Bob to approve of the final plat for Kentucky Ridge Subdivision, Shekinah Industries, Inc. and to put the county on notice that we would like to have a sit down with regard to similar projects in the county, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: ANNEXATION AND ZONING REQUEST FOR THE LAKE AT CHERRY LANE N0. 5 & 6 BY STEINER DEVELOPMENT TABLED AUGUST 15, 1995: Kingsford: Does the Council have questions on that issue? Morrow: Was there not a letter in our packet requesting tabling until the meeting of the 19th by Mr. Bradbury the attorney representing the Steiner folk? Kingsford: That is correct. Morrow: So I would move that we table items #18 and 19 The Lake at Cherry Lane No. 5 & 6 until September 19th as per request by Steve Bradbury. Yerrington: Second Kingsford: Moved by Walt, second by Max to table agenda items 18 and 19 until the Council meeting of the 19th of September, all those in favor? Opposed? MOTION CAF2RIED: All Yea Kingsford: We still have to have that public hearing since it was noticed for item 19. ITEM #19: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 & 6 BY STEINER DEVELOPMENT: Kingsford: At this time I will open that public hearing, take that testimony but would not take action until the meeting of the 19th. Is there anyone from the public that would like to offer testimony on the request for preliminary plat for The Lake at Cherry Lane Subdivision No. 5 & 6 by Steiner Development? Crookston: It would be my recommendation to continue the public hearing so that you don't renotice it. Kingsford: Well since it was noticed here and no one wishes to make comment then on it. • Meridian City Council September 5, 1995 Page 22 i Crookston: Then if the developer comes in his testimony can be made part of that record. Kingsford: There has to be someway the attorney is getting in our pocket on this one would entertain a motion to continue the public hearing until the next meeting. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to continue the public hearing on the preliminary plat for the Lake at Cherry Lane No. 5 & 6, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to speak first. Dale Binning, 1590 Shenendoah Drive, Boise, was sworn by the City Attorney. Binning: I would tike to offer a revised site plan on this project. I would like to take the opportunity to do that. We have reduced the size of the project and the area covered within the property by about 75% from the original application. I don't know if it would be inappropriate to submit the site plan at this time or what the pleasure of the Council would be. Kingsford: Are you talking about then annexing and zoning 75% less then too? Binning: No, it remains unchanged we are just utilizing less property. Kingsford: So the balance would be open to whatever would work in a C-G zone? Binning: Yes, and the previous application we weren't utilizing all the property either. We were utilizing about 2/3 of it. At this point now we are utilizing about a little under a half of it. I just wanted to bring that to you attention, I don't know that (inaudible) you may have. Kingsford: Do you have further presentations? Binning: I just wanted to take the opportunity to show the site plan as being revised. I just Meridian City Council September 5, 1995 Page 23 wanted to see if there are any questions that I can answer or if it is appropriate at this time to submit the revised site plan. Kingsford: Any questions of the Council? Morrow. Have you read all the recommendations by staff and are you in agreement with those recommendations? Binning: Yes Morrow. That would be from City Engineer Smith's office and from Shari Stiles's office, Planning and Zoning Administrator. And you are in agreement with those? Binning: Yes Kingsford: Any other questions from the Council? Yerrington: I noticed on this drawing you have a drive up window, is this (inaudible) fast food? Binning: Yes it is. There is a small drive thru facility within the convenience store itself. Cowie: I am curious Mr. Mayor do you have an alcohol on the premises of any kind, beer or anything like that? Do you have a liquor license or anything like that? Binning: There is canned beer sales typical of convenience stores but not anything from the drive up window. Morrow: What things are served by the drive up window? Binning: There would be a franchise restaurants, QSR, quick service restaurant. There is any number of franchise restaurants that are typically going into convenient stores and taking a small portion within the store. Morrow: I am not familiar with that term, would it be like a Subway? Binning: Yes, like a Subway or Taco Bell. Crookston: Excuse me does your, the next item on the agenda #21 is a conditional use permit, has the drive in window been included in that conditional use permit? Binning: Yes it has. • • Meridian City Council September 5, 1995 Page 24 Kingsford: Just an observation with regard to that making the top of this map is not north then but south am I correct? Binning: I forgot how Kingsford: Your property is on the west side of Eagle Road, then your map is upside down. Any other questions of the Council? Thank you very much. Anyone else from the public? Seeing none I will close the public hearing? Morrow. Mr. Mayor, I did have one more question that Mr. Binning may be able to answer. On item 4 in the letter to us by Andrea Jackson it indicated that the properties in proximity to Interstate 84 makes it an excellent location for a park and ride area. This area will be provided in the same manner as a park and ride at the Jacksons Travel Center on Franklin Boulevard on I-84 in Nampa. Can you tell me a little bit about what you are telling us there. What does that mean in terms of this facility? I am not familiar with the one in Nampa is why I am asking. Binning: We have a large parking area in the one in Nampa that isn't really in front of the store. It is an area of parking that is not for customers that come into the convenience, it is an area that has been designated as an area they can park and stay for some length of time. It is not, we have similar parking shown on this revised plan along East Eagle Road. Morrow: Is that these spaces here on the east side of the property? Binning: Yes, they are in excess of our actual convenience store parking that is associated with the front entrance to the store. Morrow. I have one final question with respect to this being moved up on the plot of ground, there is almost 5 acres on this parcel of ground and you are going to be consuming how many acres with this site? Binning: Approximately 2 acres. Morrow: And so the other 3 acres? Binning: Is unimproved site. Morrow: At the present time? Binning: Yes • Meridian City Council September 5, 1995 Page 25 Morrow. Thank you Tolsma: I have one questions, this road that (inaudible) Binning: Which road is that? Tolsma: (Inaudible) up to St. Luke's (inaudible) like Magic View Drive (inaudible). Binning: I am not sure if that aligns with that or not. John Jackson, 3500 Commercial Court, was sv~rn by the City Attorney. Jackson: I just want to clarify the park and ride question. This is an assistance to commuters to reduce congestion in the downtown areas and fuel consumption. It is not like any overnight parking or anything like that. They are merely there for the day while they are at work and then they leave. Morrow. Similar to Kentucky Fried Chicken here in downtown Meridian. Kingsford: It is the same program, either there is some approval or subsidy through the Highway District. I think they do an approval process and do the signage, am I correct on that? Jackson: That may be, our situation in Nampa is through the bus company it is a private (inaudible) Kingsford: I think in Ada County they do the signage and so forth. Karen Gallagher, ACHD, 318 E. 37th Street, Garden City, was sworn by the City Attorney. Gallagher: Mr. Mayor and Council we review the layout of the drive thru's when they come into make sure that the stacking and the possible changing of lanes doesn't' provide too much conflict or minimize it as well as we can. I am not aware of us reviewing any signage for drive thru windows. Kingsford: No, I was talking about the park and ride. Gallagher: I am sorry I missed half the question then. Kingsford: What is the Highway Districts's position on the park and ride lots that are spread through the County? You do the signage I believe for them don't you? • • Meridian City Council September 5, 1995 Page 26 Gallagher: I believe we do, we try to support those anyway we can. So besides just a sign, I am not sure what your further question is. Morrow: Well, that was the question if you could give us some help on the county procedure for park and ride stuff. I know that with Kentucky Fried Chicken the van pool thing can stop there and pick up people as part of that pool and so on and so forth. The comment to Mr. Jackson was that ACHD may very well be able to help him or help us with some signage and notifying that is is a park and ride lot and they are to be used by our citizens. The question to you was what type of help does ACHD typically give? Gallagher: 1 am fairly confident that we do the signage. I would need to double check on that. Otherwise I that once we have that information that we do encourage people to use it in any of the facilitating we do with mitigating single occupant vehicles. Morrow: Maybe you can have the park and ride gal at ACRD contact John directly and discuss that program. Kingsford: Thank you Karen, anyone else from the public? I will close the public hearing. Tolsma: I have a question for Gary, comments in here (inaudible) fire hydrants (inaudible) Smith: No, there weren't, they would have to bore under Eagle Road and bring the water across. Tolsma: (Inaudible) Smith: I think typically becuase of the size of Eagle Road there would be a requirement for afire hydrant on that side. Tolsma: (Inaudible) Binning: We have the engineering done on the fire hydrants and we are goign under Eagle Road bringing in a 10 inch line across and installing 2 hydrants on site. Kingsford: Any other questions of the Council? Have you reviewed the findings prepared? Morrow. Mr. Mayor I would move that we adopt the findings of fact and conclusions of law for the annexation and zoning of 4.5 acres to C-G by Jackson Food Stores as prepared by Planning & Zoning. Tolsma: Second • Meridian City Council September 5, 1995 Page 27 • Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law on annexation and zoning of 4.5 acres to C-G by Jackson Food Stores those findings and conclusions prepared for P & Z, roll call vote. RdLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Entertain a motion to have the City Attorney prepare an ordinance. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare an annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER PROVIDING GAS AND FOOD SERVICE BY JACKSON FOOD STORES: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first on that issue on the conditional use. Dale Binning, 1590 Shendoah Drive, Boise, was sworn by the City Attorney. Kingsford: Did you submit in this portion then with the conditional use permit the variance for or the drive up window. You mentioned you had submitted that, where, typically we would have that as an agenda item as well. Crookston: That would not be a variance. Kingsford: Begging your pardon. So we are just talking about a drive up window in this issue, what other things are needed for the conditional use permit for my edification? ginning: Well, we just have the conditional use permit for a convenience store that is as far as we have. Kingsford: Any other questions of the Council? • Meridian City Council September 5, 1995 Page 28 Morrow. I am confused here, the drive up window, now according to my plat map on in my packet or the original plat map I don't see a drive up window on that. Kingsford: The new one that he just passed out does have (End of Tape) was that discussed at Planning and Zoning? Binning: No actually it wasn't discussed it was an assumption on our part that was planned on the original drawing that was originally submitted that would have that would include in it a drive up window. Kingsford: So what planning and Zoning looked at did not show a drive up window? Binning: No, it didn't have an arrow pointing to it or anything that said drive up window. We didn't break up the drive up window from the convenience store in the application. It was just (inaudible) was it though specifically Dale a part of the request at Planning and Zoning? Was it discussed there? Binning: No Crookston: It is not addressed in the findings. Binning: We didn't really separate the drive up window from the convenience store it was just an assumption on our part that it was part of the convenience store. Kingsford: Some direction Counselor? Our ordinance in Meridian requires that a drive up window specifically have a conditonal use for it. Where does that have to go then in terms of this application. Would that have to go back to Planning & Zoning for that? Crookston: It would. Kingsford: So we could approve only the portion of the application less the drive up window? Crookston: That is correct. Kingsford: Any other questions of the Council? Binning: So then what I am understanding is that the drive up window specifically is a separate. Kingsford: It has be included and talked about separately. That is true whether it be a Meridian City Council September 5, 1995 Page 29 bank or a fast food place or whatever. You have to have a public hearing and conditional use to operate a drive up window. Binning: So that isn't tacked on under the convenience store operation? Kingsford: Not if you didn't tag it on that was the reason for my question. Any other questions of the Council? Anyone else from the public that would like to offer testimony on the conditional use permit for a gas and convenience store less a drive up window at this point. Seeing none I will close the public hearing. Council members, you have reviewed the findings as prepared for P & Z. Morrow: Mr. Mayor I would move that we approve the findings of fact and conclusions of law as prepared for P & Z for the travel center for Jackson Food Stores. As a point of clarification those findings of fact do not include anything concerning a drive up window. So that would not be part of this motion. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as prepared by P & Z stipulating that the drive up window was not discussed in those, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: You would need to make application and specifically for a drive up window. Is there a motion on the conditional use permit? Yerrington: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to approve of the Conditional Use permit less the drive up window for Jackson Food Stores, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Question, it seems to me on the annexation request we didn't have the decision as part of the, we approved the findings of fact and conclusions as written, but I don't believe we aprpoved a decision or recommendation. Meridian City Council September 5, 1995 Page 30 Crookston: You did approve preparation of the ordinance on that. Morrow: Which means? Crookston: Which means an ordinance is prepared then you act on the ordinance. Kingsford: Which is all you need to act on on that issue. Morrow: So we don't need to have the decision or recommendation? Kingsford: Not where it is an ordinance. ITEM #22: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK PHASE 5 BY RON NAHAS: Kingsford: At this time I will open the public hearing bn that issue and invite the owner or his designee to speak first. Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney. Donner: Gentlemen, I work for Rbylance and Associates and we are the engineer for Ron Nahas the developer. The continuation of Central Valley Corporate Park which is at I-84 and East 1st Street. I would be glad to answer any engineering related questions or try to answer other questions if you have any. Kingsford: Questions for Ms. Donner? Morrow. Have you read or are you in agreement with the staff recommendations from both Gary Smith and Shari Stiles? Donner: Yes we are and we have tried to address those on our revised preliminary plat. Morrow: Are you in receipt of the letter from August 4th from both them supplemental comments with respect to the applicants representative submitted a revised plat dated 7- 27-95 our original comments dated April 6, 1995 were not addressed in this revised plat. In addition the vicinity map does not match the revised preliminary plat. Although minor changes were made to the street alignment and utility easement are still shown crossing private property within easements. Applicant shall address each comment in writing and submit along with 32 copies of revised preliminary plat prior to approval. All affected agencies may receive a copy. You are in receipt of that letter and have responded accordingly? • Meridian City Council September 5, 1995 Page 31 Donner: Yes, and we have made an attempt to respond accordingly and provided the copies to Shari. We have shown the sewer that was previously constructed as being abandoned, the sewer will be realigned and put in the public right of way. Morrow. I have no further questions. Kingsford: Any other questions of the Council? Thank you, anyone else from the public? Seeing none I will close the public hearing. Council members? Morrow. Mr. Mayor I ~nrould move we approve the preliminary plat for Central Valley Corporate Park Phase 5 by Ron Nahas subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the preliminary plat for Central Valley Corporate Park phase 5, Ron Nahas conditioned upon meeting staff recommendations, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #23: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.54 ACRES TO L-O FOR TREASURE VALLEY BAPTIST CHURCH BY RICHARD DEMICHELE: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Frank Graham, 2704 Northwest 13th, was sworn by the City Attorney. Graham: Alright, do you have any questions of me? Kingsford: Questions of Mr. Graham representing the applicant? Morrow. Can you give a short presentation on what it is that you are doing here. I know the church is there already. Graham: What it is is we want to annex into the City so that we can have City water. We have the hydrants are in, the water lines are in there all ready to be connected as soon as we are annexed and the City water department puts in the meters. Morrow: On the Fire Chief s comments Mr. Bower's comments indicated that there is • Meridian City Council September 5, 1995 Page 32 something to do with the building of wooden fumiture is that, what is that note in reference to? Graham: That was in reference to a I believe on the last, on the annexation hearing as of, he just made a note that he wanted the, that there wouldn't be anything built in regards to wooden fumiture. Like I stated at the annexation hearing is that the only wooden furniture we really have are pews up in the balcony. The rest of the furniture is all steel furniture. I think what he was stating I am not sure but I think he was just meaning that they didn't want us to build anything per se on the premises. If there is anything built on the premises I am not aware of what it is. Morrow. My impression of his note was then incorrect. I thought he was implying that there was going to be some manufacturing of some sort of wooden type furniture to take place on the property. That is not the case? Graham: Not the case at all. Cowie: Mr. Mayor, I think Mr. Graham where he is coming from. Did you not apply first through the County for an annexation or something he got that from somewhere or something. He got that from somewhere in the County application that they were a woodworking shop or something is what he told me is where it came down from. And you mentioned you weren't going to do that. Was there, did you have at Ada County going or an Ada County permit the first time and it was denied and then you wanted to come back through the City and be annexed. Graham: No, we never, we don't have any facility out there for any woodworking at all anyway. Cowie: Okay, then he may have gotten confused. Kingsford: Any other questions of Mr. Graham? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members. Morrow: Mr. Mayor, I move that we adopt the findings of fact and conclusions of law as prepared for P & Z to annex and zone 4.5 acres to L~O for Treasure Valley Baptist Church. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law prepared for P & Z on annexing and zoning 4.54 acres to L-0 for the • Meridian City Council September 5, 1995 Page 33 Treasure Valley Baptist Church, roll call vote. • ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Entertain a motion to have the City Attorney prepare an ordinance. Morrow. Mr. Mayor I would move that we instruct the City Attomey to prepare an ordinance so we don't have to approve the decision and recommendation. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare an ordinance annexing and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE BY WILLIAM AND CINDY WALGAMOTT: Kingsford: At this time I will open the public hearing then or excuse me it is not a public hearing my fault. Do you have comments you would like to make to the Council with regard to this conditional use? Any questions the Council might have of Mr. Walgamott? Morrow. I would like him to make a brief presentation on what their planned project is. Kingsford: Would you come forward and comment on that please. Walgamott: What we are v~rking on here as far as I am to the understanding, this is our final phase. We are opening up a day care facility at 1915 West Cherry Lane. We plan to operate that, taking care of approximately 45 plus or minus children. We don't know the exact number yet that will be determined by the fire department. Tolsma: This is a house that has been there (inaudible) Walgamott: Yes sir, it is a white house kind of sits back off the road, tall poplar trees on either side of it. Morrow. If I understood the application right there was some remodeling or addition going on to this? • Meridian City Council September 5, 1995 Page 34 Walgamott: There was a parking lot that needed to be put in, there were some things, minor repairs that needed to be done. Some finish work, there was a garage that had been started to make into a room that needed to be finished. Just some minor things like that. Morrow. And you are in receipt of the conditions that staff Ms. Stiles and Gary Smith's engineering department? Walgamott: Yes sir, all of those have been taken care of so far. Morrow. And you are in agreement with all of those? Walgamott: Yes sir. Kingsford: Any other questions of the Council? What is the Council's pleasure? Morrow: The staff is in agreement. Kingsford: I did not read those but they address the issue of water hook ups and sewer hook ups? Walgamott: Yes, everything is all presently taken care of. The only thing they tell us is to contact them when we have a set number of children and then they will set up the fees at that time. Kingsford: Just an (inaudible) plus or minus, don't be minusing any of those kids that you are supposed to have. Walgamott: Right, we just don't know the exact number yet. Kingsford: Can't be having us like Garden City people straying off into the street. Is the Council prepared to take action? Morrow. Mr. Mayor, I move that we adopt the findings of fact and conclusions as prepared for P & Z. rtolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as prepared for P & Z, roll call vote. Meridian City Council September 5, 1995 Page 35 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Entertain a motion on the conditional use. Morrow. Mr. Mayor I move that we approve the conditional use permit for the day care for William and Cindy Walgamott subject to staff conditions. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the conditional use permit for a day care request by William and Cindy Walgamott as subject to staff conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: REQUEST FOR A TIME EXTENSION ON THE PRELIMINARY PLAT OF SUNDANCE SUBDIVISION: Kingsford: Has the Council reviewed that request? Tolsma: (Inaudible) Mr. Mayor I would move that we grant the request for a time extension on the preliminary plat of Sundance Subdivision. Corrie: Second Kingsford: Moved by Ron, second by Bob to grant the request for a time extension on the preliminary plat for Sundance Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: Tolsma: Mr. Mayor, one comment on that, I believe we, if he has changed this over from the city system to a pressurized irrigation I think we need to make sure we have no cross connections (inaudible). Kingsford: Other comments? Gary, has the water department looked at that system that was put in at the Crossroads? Do we have cross connections existing and so forth on that? • Meridian City Council September 5, 1995 Page 36 Smith: I don't know Mayor, I doubt that we looked at it. Those systems that are being operated and maintained by the Nampa Meridian Irrigation District we are not looking at. They are inspecting those systems. If this is one of those then the Nampa Meridian Irrigation District would have inspected it during its construction time. Kingsford: And then disconnected us or made a single hook up to us? Smith: That is what we are requesting they do right. Tolsma: (Inaudible) that they retro-fitted the first phase to pressurized irrigation (inaudible) Smith: I believe that is the reason for the request. Tolsma: I was wondering if we had to make sure that there were no cross connections before we would allow the reimbursement of the fees. Kingsford: I think that is a good call because Nampa Meridian probably could have overlooked that being as they started out in the second phase. I would certainly like to see our department review that and make sure that there is no cross connection. Smith: I will see what the connections are like. If their sprinkler systems had, if they had received a permit for their sprinkler systems a back flow device would have been required. Kingsford: But if it is surface water than we are requiring that there be only one connection and that is one that we can monitor am I right? Smith: That is what we are requesting yes, correct. We have a bunch of individual connections now in the #1 phase. I can tell you that there is a large resistance because the people have obtained permits, they have put in the back flow devices and to go to them I am not sure this is what you are saying but if we (inaudible). Kingsford: What it is, for tv~ reasons Gary, one we don't want a cross connection and two the whole intent of the pressurized irrigation is to take the strain off our wells. If they remain on that then there would be no sense in us giving the money back because it would still be a strain on the wells. Smith: Well, the strain would be there during the spring and fall if they are on the pressurized system just as it would be if we were providing the water through a single connection. • • Meridian City Council September 5, 1995 Page 37 Kingsford: But if they are hooked up to that then we have no assurance that they are going to use the surface water in their pressurized irrigation. Smith: Right Kingsford: So I think what Ron is getting at is we want to make sure that they are physically disconnected from us if we are going to reimburse that money. Smith: Okay, if that is the edict of the Council than that is what we will do. Morrow: Are we talking about two different things here maybe? Are you talking about in phase one that individual homes? Kingsford: Here is what they did, they didn't have a pressurized irrigation system for phase 1, they requested and we accepted the well fee for those to#s in phase 1. They put in phase 2 then pressurized irrigation and as they did that as has happened in other subdivisions they retro-fitted phase one with pressurized irrigation and are now requesting a reimbursal of the well fee for those lots. What Ron is suggesting and what I am concur is if that is to happen we need to have assurance that they are disconnected from the City System for their sprinklers. Morrow. I guess my question is that in phases 2 and 3, is there one, obviously there is one point of connection to the Nampa Meridian system for providing the pressurized irrigation. In phase #1 is there one point of connection or are individual homes connected to the pressurized irrigation system? I see that as being the point, if you have a system that is for an entire phase then it is fairly easy to determine point of connection. Kingsford: Well I think, and for him to have requested it he must have retro-fitted the whole phase 1 so it has access to everyone in phase 1. Morrow. But Gary's question or point was that he thinks there may be individual houses having different systems. Kingsford: Well I think he is saying that many of those individual houses did hook to the city system and have a back flow device and all of that. Now that they are retrofitted he says there is going to be resistance to them disconnecting from the City system, if I am right Gary? Smith: Yes sir. Kingsford: I think our position is just like in Cherry Lane Village No. 3 if you have surface • ~ Meridian City Council September 5, 1995 Page 38 water we don't want to have to look at and inspect on an annual basis 30 or 40 back flow preventers. Tolsma: (Inaudible) why should we reimburse the money back to him? Morrow: Ron, I don't disagree with any of that, I think the confusion in my mind at least here is exactly what kind of system is it. Kingsford: It is the same system for 1 as it is for 2 and 3. Corrie: Now I am getting confused, they can use the City water when they don't have the pressurized irrigation (inaudible). Kingsford: I think the reality is right now since they are hooked to the City they can use it any time they want to. Corrie: They can too then afterwards. Smith: Mr. Mayor, Councilmen, I think that from a purely economic standpoint the property owners are going to use the pressurized irrigation system provided by the developer because it is going to be much more feasible from a strictly cost standpoint. That isn't always the case though because the surface water has a tendency to have weed seed in it and whatever else might be in the water that is in the ditch. So there will be some property owners that will elect not to use that system. If they have the ability to use city water in lieu of the water being provided in the pressurized system. The rub on all of this is what ~ are encountering in Cherry Lane Village right now and that is residents have obtained a permit from the City of Meridian for a sprinkler system. They have installed it in accordance with the standards, they have the correct back flow device installed. We have had some comments that, excuse my French, that hell or high water they are not going to disconnect. They have a permit to connect and it has been approved. So, I guess the problems that we are encountering out there I would make a suggestion that if the developer wants to do this to follow through on this that he coordinate the disconnection of those systems from the City water. Kingsford: And that we reimburse those then that disconnect? Smith: For their permit fees? Kingsford: No, for his welt fee. That is what is at issue here. Tolsma: Don't we also require a different back flow preventer if we are running other water Meridian City Council September 5, 1995 Page 39 other than the sewer or city water. If we are running irrigation water? Smith: If it is a system fed by city water and by the pressurized irrigation system than it has to be a back pressure device. Such as a reduced pressure back flow device. If it is just to protect a back flow from the residents into our water system then it is not as sophisticated. It can be what is called a reduce pressure or excuse me a pressure vacuum breaker device which is a lot less expensive. Oran atmospheric vacuum breaker on each set in the irrigation system can also be provide. Those are strictly back flow. If we have another pressure system like we did in Meridian Greens for example that the water department of the city was kind of nervous because we had more pressure in that irrigation system then we did in our domestic system. It was definitely a back pressure problem that needed to be protected. Kingsford: I think we have an equally as big a problem Gary and found that in Meridian Greens in that when our system went (inaudible) booster pump over there that some of those folks were using 200,000 and 300,000 gallons a month because our system was putting more pressure into theirs and we fed into the pressurized system. They were rather unhappy campers fora $300 water bill. Smith: Right, and that had to do with some valuing problems and again as you and I talked about before we didn't require a back flow device on their connection to the pressure system so they v~uldn't back feed their pressure system. But in several instances it did happen absolutely correct. But again I don't know from a legal standpoint where we are, if we have approved of an individual lot connecting with a permit for a sprinkler system and they provided the correct back flow device whatever it may be and then someone comes along and tells them sorry you are going to have to disconnect because of the pressure irrigation system that is being installed or has been installed by the developer. Tolsma: Wouldn't we have to do the other (inaudible) Smith: If a pressurized irrigation system is being provided to the lots then and they are also and the lots are connected to the City system then it has to have a back pressure device a reduced pressure back flow device. It would actually protect us against a pressure differential. Kingsford: So the rub would be in that area, if those people want to hook, now at this point to the pressurized irrigation they would have to have that sort of a device. Smith: That is correct. Kingsford: What kind of assurances do we have that is going to take place? • ~ Meridian City Council September 5, 1995 Page 40 Smith: It would almost have to be a house to house search so to speak, an inventory of what is out there. It is not an easy process. Kingsford: I would suggest to the Council that you table that issue and ask the developer to get with the City and try to work out some sort of a reasonable arrangement. Morrow: That would be my suggestion also, so moved. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the issue until the next meeting and ask. the developer or his desginee to get with the City and work out a reasonable solution to those problems before the Council takes action. Morrow. September 19th. Kingsford: September 19th, atl those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 Nea Yerrington: Before we leave this issue, how far back, you can really open up a can of worms. Say we want to put pressurized irrigation in the whole city, now does everybody that has paid a fee to a well like 10 years, 5 years what have you is he going to come back and want his money back, he could. Kingsford: That is a good point. I think what is realistic with that well fee is the City geared up and punched wells to meet that peak load and those monies are expended. Yerrington: I think that you are opening something Kingsford: Of course the other side of that coin is you have already opened up that can of worms. We have on at least 2 different subdivisions granted that in retrofitting. Now, I think you need to investigate how long that has been. In this case it has been a couple of years. I think in those other cases that it followed almost immediately in phase 1. I think that is something that the Council might take a look in researching while this other is taking place. Morrow. To make a case here one of those we did was Danbury Fair I believe. In the case of that, that stuff almost occurred before construction even begun in phase 1, phase 2 and they retrofitted right away. I am not aware that it was this major (inaudible) given the number of residences that are already done and occupied in there. • • Meridian City Council September 5, 1995 Page 41 Kingsford: That is something that will take a little bit of research. ITEM #27: JOIE RUBY: CONCERNS ABOUT SALMON RAPIDS SUBDIVISION- FENCE: Kingsford: Is that contingency (inaudible) who asked for it to be placed on the agenda? And who is that? (Inaudible) Thompson: Basically the reason that the homeowners requested this hearing was that the fence along Locust Grove travelling south from Overland, travelling south on Locust Grove. You go by Sportsman Point, I believe there is a 30 foot setback and that is where the fence in Salmon Rapids was tined up. Apparently a year after the fence had been up the City decided that it needed to be moved over 10 feet, the original plat had it over 40 feet instead of 30. I know in a lot of cases, the developer hinted, almost told us that land was going to be ours. The ten foot extra additional land was going to be deeded over to the homeowners who had that land common to the fence. That is one of the reasons we are requesting this hearing. I know several home owners have actually received a deed to that effect that they own that section of land. And now the City has required the developer to move the fence back the 10 feet. Which I think from an aesthetic stand point you are driving down Locust Grove, you go past Sportsman Point, there is a 30 foot setback, you go by basically about 70% of Salmon Rapids Subdivision there will be a 400 foot setback and the last 2 lots in Salmon Rapids there will be a 30 foot setback again because there is a culdesac on the southern most part of the subdivision. What we are trying to see is if it would be possible for the developer to have that land re-platted, have a 30 foot fence the entire length matching up with Sportsman Point. Salmon Rapids Subdivision it is either #2 or #3 which continues south from I believe it is the Eight Mile Lateral, basically the canal right there would pose a natural spot in the fence or to move the fence over the additional ten feet. I talked with Gary Smith as far as right of way land. I know Locust Grove is obviously going to be a busy street some day. As far as righ# of way, 30 is more than adequate right of way to expand the road. That was, basically there are about eight to ten unhappy homeowners because we come out one day and suddenly the fence is 10 feet farther back in our yard. Kingsford: Shari, can you shed some light on that with regard to approvals and so forth? Stiles: Mayor and Council as you know pur ordinance requires a 20 foot planting strip beyond the right of way. Bruce Freckleton and I went out to the site based on a complaint we had from someone that had purchased a lot and was building their home and suddenly found their pressurized irrigation valve controls in the middle of their backyard. When we went out and measured the site there was only nine feet between the right of way and Meridian City Council September 5, 1995 Page 42 where the fence had been placed. Which left 11 feet of common area in people's backyards plus then in addition to that would be their ten foot utility easement basically leaving 21 feet in their back yards that couldn't be built on and I think that our ordinance is pretty clear as far as the planting strips. Our comp plan is clear on the planting strips. Locust Grove Road is designated to be 90 feet total right of way. If the fence had been left where it was at build out of that road there would be one foot and we would be staring at yet another cedar fence along a roadway. I think you can look down Cherry Lane and see exactly what happens when they come and finish out the roadway what is left. Some of those, that one subdivision has just a cedar fence, they have the sidewalk and then their fence. Bruce and I both decided it was a problem both for utilities and for the future while these homeowners now I can understand would be upset if the developer intimated in any way that would be deeded to them. It is an illegal subdivision and is not something that is permitted in our ordinance. He does have a significant berm and landscaping there now but that is not going to remain particularly I think when the freeway crosses Locust Grove and that extension is made for Locust Grove. In five years ACHD may decide they need 108 feet on that road. You can also go up by Locust Grove near Ustick and see how a year's difference made a five foot difference in the roadway width which has offset everything and caused some problems there. So I don't think we should set a precedent by allowing this developer to only have a 9 foot planting strip because we have no basis then to deny anyone else. Next time somebody may want a one foot planting strip and say the remaining nineteen feet is in someone else's backyard. I don't think that is the purpose. Community design wise in our comprehensive plan. We should stick to this 20 foot setback. Sportsman Point got through because they have a ten foot easement and a ten foot planting strip. That is why the fence is where it is at there. Thompson: My question would be then why are there two different setbacks in the same subdivision? Stiles: There is a jog in that because there is an ACHD drainage easement and also the culdesac does extend a minor amount into that 20 foot which has been approved by Council. The fence has been moved, the posts are still remaining where they were, it was very substandard construction that was there to begin with. The fence basically blew down, the fence has not been in place for a year. The plat wasn't even recorded until this year. Kingsford: Questions of the Council? Morrow. Do I understand you- to say that Locust Grove Road or South Locust Grove is a 90 foot right of way and from the centerline it is 45 feet each way. Does any of that, so then it is 45 feet and then 20 foot and then there is what is supposed to be their back yards? And the fence originally was built at the ten foot point? Meridian City Council September 5, 1995 Page 43 Smith: It was built at 9 feet off of the right of way line, 9 feet into the common. area. Morrow: And the common area is actually owned by the homeowners association. Smith: That is right, it is supposed to be a common area for the homeowners association, the planting strip. The lots were all staked by the land surveyor for the plat. Steel pins were driven into the ground and the property corners were marked with wooden stakes. Then the fence was built by the developer 10 to 11 feet off of that property line. And a majority of the fence blew down and you can go look at part of it that is still standing and it is tacked together with horizontal pieces of wood to keep it from falling down. That portion that hasn't ben replaced. The posts of the previous fence are still in the ground or were last week. Morrow: So essentially what we have here then is a case where homeowners who legitimately bought and bought off on that fence thought that the property they were buying was to the fence? Thompson: Exactly Smith: I am sure that is the case, that is the same scenario that I have heard from everyone that I talked to that have called here. Thompson: Basically they say your lot goes from point A to the fence you kind of assume that your lot goes from point A to the fence. A fence is usually a natural boundary. Kingsford: Mr. Morrow, can I assign you to look into that. Morrow: (Inaudible) Kingsford: Yes but you are the one who understands fence and (inaudible). Would you look into that and report back at the next meeting? Smith: Mr. Mayor, the plat is recorded, the plat is recorded and that is a 20 foot common area. Unless that plat is resubdivided it is a 20 foot common area. That 20 foot common area belongs to the Homeowners Association and it is a planting strip. I really don't know what is to look into because it is a matter of record, the plat is. Morrow. I think part of the issue is clearly is that it is a part of the record and the issue is that these folks, I would think have a course of action against the realtors and the developer. My question would be is a recorded plat, I can go out and interview all the folks but there is nothing that I can basically do with a recorded plat being in position. Meridian City Council September 5, 1995 Page 44 Kingsford: I suppose that is true. Shari has measured it, it is in fact were the steel pins and all of that located? Stiles: They were all visible. Smith: I might also add that the County Engineer will go out and physically walk the site and verify that all the pins are in before he signs the plat. I don't do that but he does. Stiles: The developer also indicated to me that he never in any form intimated that property was theirs, that they knew it was a common area. Kingsford: Well again, we would be glad to hear those comments, but I think in terms of reality your action is with regard to the developer. Please since you are here let's hear those comments. You have had your hand up, would you come up so we have your name for the record please. Frank: I was the one that called Gary Smith, I called to try to talk to Shari Stiles but she wasn't available about the 3 valves that appeared in my backyard, after I dug my foundation and put a basement in, and framed my house. I had gone down to Farwest Development myself, walked in the door, told them I had a problem and the fence was 10 to 11 feet, actually 10 foot six because I measured it beyond the red pin which is the property line marker which I had to dig up. I said my property says it is 106, there is another 10 foot six, what do I do with that property. He said that is yours to use, it belongs to the homeowners it is your property you have to take care of it. Okay fine. Now I purchased the property with the idea that I have so much lot and placed by house thereupon. Spent all of my lifetime earnings for this new house and now I have a very small backyard. Not only do I have three valves, I have four valves. When they came out to fix a leak that was in the irrigation system they found a fourth valve. I would like to be explained why an irrigation system needs four valves in one homeowners backyard. When one of the valves controls Los Alamitos across the street. That valve should be in Los Alamitos not in my backyard. Now I have 4 valves in my backyard and I have 10 foot six less property. I was told by Gary Smith over the phone that if I or we as the homeowners got together and came down and went before the City Council that is was possible to get that changed so that did include our property. And that the Department of Transportation had no problem with the right of way, there was plenty of room for the proposed road coming down there. Now I say if that fence in Sportsman Point and on down the road is ten foot farther out why can't ours be out there. I am willing to put the fence back myself, I tried to contact the developer who would never return my calls, who would never call me back on any of the issues, the valves, the property line or anything. We got a letter, sent it to him, handed it to him to hold off moving the fence until we came before you people to talk to you to see if there was anybody that could tell us why the fence can't run in a Meridian City Council September 5, 1995 Page 45 common line continuously down the street. Why it comes down ten feet in and then goes for 500 feet and then comes back ten feet out. I don't understand it, somebody would really have to explain to me that one. There is a sidewalk that was about 8 or 9 feet out beyond the fence before it was moved. Now when they moved the fence, not only did it come back ten feet but it went down about 3 feet making it so that when people drive down Locust Grove they can look right into your window which is another problem. So, needless to say I am a very upset homeowner. I feel like I have been betrayed by both the developer and the City. That is how I feel. I have my deed but all it tell is the lot and technically I understand that ten is the property. I understood that and that is why I asked the question of Fannrest Development in their office and they told me that was mine to use. I have a copy of the covenants which I picked up at the time so that I didn't do anything wrong in building my home and that I didn't do anything wrong in what I was doing, trying to do things right. I feel like what is the use. Kingsford: Any other comments of homeowners that are different that you would like to comment on? Mortenson: My name is Nancy Mortenson and I live right behind them but my backyard is full length of the whole piece of property. He also said to me you are lucky you got an extra ten feet of property to use as you wish. Crookston: Who is he? Mortenson: The developer when I bought the land. I bought the very first lot in there. Kingsford: You are talking about Marty Goldsmith specifically that told you this? Mortenson: Yes, that is who I bought, paid cash for that lot, the very first one. At that time the fence was up. He is right, the sidewalk sits on top of the berm and now when people walk by there you can see their feet so they are looking over the fence into our backyard. It did lower the fence about a foot. The existing poles are still there they could still put the fence back where it was at this point and it does look really funny because you go down and you come back, go all the way down and it comes back out where that little culdesac is an that is like, if Sportsman can leave their fence there and they are going to widen the road and some of their backyards are pretty close to the back of the lots. We are builders too and we just happen to build the first three houses in that subdivision where all Ruby's backed up to it, they are backed up to and I am backed up to it. It is kind of irritating in a way because of losing 10 feet of property so I set my house back far too so it does make a big difference. Smith: Mr. Mayor and Council members, I talked to Frank about this, I think he was the first 5~ Meridian City Council September 5, 1995 Page 46 one that called. I did tell him that the only thing that could happen as far as I know would be a resubdivision of that common lot if the Council was to approve of it. I guess I take exception to one of his statements and that was he is being betrayed by the City. I don't think that is the case, the City is trying to uphold what the developer agreed to. If that is a problem it is the developers problem. That is a common lot area it is not an individual ownership area. That fence was to be built along the property line. The developer didn't do that. Once again the City is being held up as a bad guy because we are trying to enforce what the developer agreed to do. I am tired of doing that and that is why I think that a proposal that would be coming from my office in the very near future would be that the subdivision is completely done, completely done before building permits are allowed. Thompson: I don't understand why the City does not check out and make sure the developer does what he says. If the developer says he is going to put a gold paved road why does the City not check into that and make sure it is not asphalt? Smith: That is what we will do if the Council (inaudible). Kingsford: That is the issue that we are talking about here. He said that it was going to be on a specific line that is what we are requiring it be. Thompson: But what if the all the roads in the subdivision were 15 feet wide instead of 40 feet wide, would an engineer come out and measure it to make sure that those roads were done. Kingsford: (Inaudible) the fact that ACHD wouldn't approve that. Thompson: That is what I am asking, why isn't the City of Meridian checked into this before this point. Don't you guys when a new subdivision comes on line don't you generally go out and make sure that things are as they should be before building starts? Kingsford: I think that Frank has indicated that he knew exactly where the pins were supposed to be, he knew where his property line was. Now if there is an assumption on either your part or the developer is saying that you can use it, we can have the same problem we can say to you guys well come in with an amended plat and we may approve it and if the Council does some of your compadres in the interior of that subdivision would have every right to come in and say that was our land too in common. We bought and that was a common area for us in the interior. That is the intent of that common lot is it is for all the people in the subdivision not just the people that border it. Thompson: I understand what the common area is, but again my problem goes back to I think the City should make sure that the fence is where it should be. The sewer is where • Meridian City Council September 5, 1995 Page 47 • it should be, the light posts are where the developer says they are going to be. Frank: In defense of Gary Smith he did tell me that the fence was in the wrong place but that if we went before the City Council and got a plat change. The whole issue with me is and Gary did tell me that the issue of the permits in Los Alamitos was not an issue with Salmon Rapids. That was a separate issue, they weren't going to issue any more permits but Marty used that as a wedge against us saying that Gary had told him the fence had to be moved now. We tried to get him to hold off on the fence until we got before you. I was thinking that possibly there was a chance that it could be left where it was at no expense to the developer, he wouldn't' have to move all the fence, he couldn't have to re-landscape. There is plenty of landscaping between the sidewalk and the fence. It is just Kingsford: Of course it wouldn't meet our ordinance. Certainly one of the big things I would like to see a reasonable negotiation but by the same token I would have some concerns about those interior people. For there to be an amended plat I think you would have to have the concurrence of everybody in that subdivision. (Inaudible) Hazen: My name is Brandy Hazen and I work for Farwest and I am also a homeowner. I just want to clarify that Marty Goldsmith did sell that lot to me with that extra ten feet. So I don't know if it has anything Kingsford: Well, he didn't sell it to you but he alleged that you had it. Hazen: I just wanted to clarify that. Kingsford: Of course I am not going to tell you what your legal ramifications are with Farwest. Henderson: My name is Ken Henderson, I am an employee of Farwest Developers, and Marty Goldsmith didn't sell the lot to this young lady I did. I signed the agreement and we looked at the plat and we looked at the measurements of it and (inaudible) never did escort her to the lot and make any promises about (inaudible) What comments took place outside of that I don't know. When she and I talked we worked with our standard option agreement and the plat that we had in our office. Also, at the time we sold her this lot that we gave her a substantial discount in the cost of that lot because she was an employee. I am quite concerned that this has become such a big issue. I would like to turn that concern into some kind of action that would be beneficial to whoever needs to benefit from this. But I don't know what that action would be. So I guess that is what I am doing is asking. • Meridian City Council September 5, 1995 Page 48 Kingsford: Well, as I see it the possible remedy that could satisfy the homeowners would be if the Council would consider an amended plat. I guess that is something that maybe the Council could give some direction on. But certainly at this moment it would violate our ordinance. The Council did approve what is there, what we would have expected what you all would have bought based on the pins and so forth. The plat is attached right to your to the CC&R's and to the title policy so that should have been there for your inspection. I know everyone doesn't necessarily look at that. (Inaudible) Kingsford: Well, again I am not going to tell you what your options might be in that regard but as far as what the City has done we've acted in and defended our ordinances which is a 20 foot common landscape area. The property pins were there. In terms of setting up the plat as we had requested it that was true all but for the fence which came to our attention and we told him he needed to move it. Now, I would suspect that the Council might entertain the consideration of an amended plat. I am speaking out of school a little bit but they might very well. That is an action that they would have to take and see the plat and decide whether they approve it or not. Now your remedy in that might be that all of the homeowners in the subdivision who participate in that amended plat cost. Maybe Mr Goldsmith would I couldn't tell you. But that is the action that you would have to take to get the land that you are talking about. Am I right there Counselor? Crookston: That is correct. Kingsford: As it is right now we, what is there is what we approved and is what our ordinance demands. Crookston: It would also require a variance. Kingsford: Yes, it would be a variance also in addition to the replatting, a variance to the landscape width. Smith: Mr. Mayor, may I ask a question of Wayne. Since it is a common area designated on a recorded plat, would each property owner in the subdivision have to sign the plat then if it was presented to the Council as a resubdivision? Crookston: Yes they would because they are partial owners. They are not partial owner of any particular piece of ground, they are all partial owners of it all. Kingsford: I guess Frank to answer your question the Council may very well look at that but it be something that we couldn't pre-approve we would have to look at the plat and s • Meridian City Council September 5, 1995 Page 49 move from that point. Certainly my apologies to each of you for your discontent with what is there and what has been approved. Morrow: Mr. Mayor, a candid observation on my part. This is a perfect example of something gone south and very candidly the wrong person here is the developer. He is the one that appears at this point based on your testimony to have made the mistakes. He is the one that ought be rectifying the situation. I guess my advice to you would be is put together a package for presentation if your subdivision can agree and it ought to be done at the developer's expense as far as I am concerned. That is a personal observation here. I think the City did what it is supposed to do, the staff did what it is suppose to do. Basically there appears to have been some misrepresentation and those things should be corrected by the people that misrepresented. It would also seem to me that generally speaking in title policies on a title inspection of a lot if there is a fence or anything slightly in the wrong place it would be noted as an exception in the title policy. If it is not there as an exception then maybe you should speak with your title companies who provided your title insurance would be another place to look for help. Kingsford: Well, I can attest to having to move a whole fence. The title company didn't care. Tolsma: Another thought too is I think in this coming fiscal year we are going to possibly employ an ordinance enforcement officer to take care of such things like this (inaudible) has been budgeted for this year that will work for Shari Stiles and the Planning and Zoning Commission (inaudible) and not slipping through the cracks like it has. Kingsford: Does that give you some direction with where to start? For the record I didn't tell you. Corrie: I think Mr. Mayor for Scott Thompson's part, what you are saying is what Gary is trying to get the Council to approve that everything is done, before we even do it. And I agree with him 100°~. I don't know what the other Council people are doing but I think (inaudible) same type of thing. We will make some changes. Kingsford: Does that get us to where we can go I guess tonight. on that. Your comment if you would please in the microphone? Again my apologies and hopefully it will be remedied. Let's take a five minute break before we go to the next agenda item. FIVE MINUTE RECESS ITEM #10: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDIVISION NO. 3 BY • • Meridian City Council September 5, 1995 Page 50 FARWEST DEVELOPER: Morrow. Mr. Mayor, you know very candidly I am getting a little tired of these problems. My attitude at this point is that I am not willing to proceed with anything to do with either one of these subdivisions until some of these issue begin to get resolved. From my perspective I would like to see the stuff tabled. Once we begin to get some of these issues resolved then maybe we bring them off the table. But that is how I feel about this at this point. Tolsma: I would second Walt's comments. Kingsford: Moved by Walt, second by Ron to table, but we need to have a date a certain. Morrow: Let's try September 19th for beginners. Kingsford: Until September 19th until the issues related to Salmon Rapids and Los Alamitos are remedied, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Can I ask Mr. John Shipley to make a comment though since he was here with regard to a road alignment so that ypu guys have that information. John if you would please share that with the Gouncil? Crookston: May I interject a statement, did you table items 10 and 11 ? Kingsford: That is correct. Shipley: Well, I don't know how to come to this except fpr there was some question about how close can you put a road to a canal bridge like on the Eight Mile Lateral there. And two Saturdays ago they finished their berm up by digging the dirt out where they are (inaudible) to road in for this 23 acre subdivision up there on the hill. If you look at the alignment of this where they have scabbed out the road it heads right into a barrier fence which runs along that bridge. Because the bridge comes across the road at an angle about 30 degrees so that there is plenty of room this way but the other way there isn't. That steel barrier to keep people from running into the canal and off the bridge and whatever is something put there by the Highway District. If you were coming north on Locust Grove and there is a car that didn't happen to see you coming out on this new road they are putting there he has no place to go. There is no barrow pit there, all there is is a steel barrier. It will happen just as sure as I am telling you. They need to reassess where they are going to put that road. It is a little bit too close to the canal bridge. When the • • Meridian City Council September 5, 1995 Page 51 Highlands Ranch which is on the other side of the road on the east side, their only area that they had to put a road in was on my south property line. If you will remember the last meeting they said they would buy my property so they would have a place to put a road in. That was the reason for wanting to buy my property. They have approached me on that situation. Since I will probably be moving away from there I don't really give a damn but you guys need to know that this fellah is doing things. Last week he put in a fence down the property line in Los Alamitos and dug the holes in the wrong place and the property owner before the put the fence up made him move the holes. He put it on their property instead of his property. Get it straight because it is going to come back and haunt you if you don't. That is all I have to say. ITEM #28: SKYLINE DEVELOPMENT: REQUEST FOR TIME EXTENSION ON THE LANDING SUBDIVISION NO. 8 & 9: Kingsford: Has the Council reviewed those comments? Morrow: I have no problem to the extension. Kingsford: Is there a motion to that effect? Morrow. So moved for one year. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of Skyline Development's request for an extension for time on the Landing Subdivision 8 and 9 for one year, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 P.M. September 5, 1995 before the Mayor and City Council to appear in person be judged by the facts and defend the claim made by the city that your water, sewer and trash bill is delinquent. You retain counsel. This service will be discontinued on September 13, 1995 unless payment is received in full. Is there anyone from the public that would like to contest their sewer, water and trash delinquency? The lady that was sitting here did patiently through the night, Wilma Blair has on several occasions asked the Council for some time extension until monies come in to pay for that. She has asked that she be exempted from that list. I don't think we have any problem in • Meridian City Council September 5, 1995 Page 52 that. (Inaudible) Kingsford: You are not talking about the sewer, water and trash delinquencies or you are. Wood: I guess I got a notice for that, but presently I still, it is being built by my builder of the house. I live out in Hunts Bluff, I don't get the bills, he gives them to me and I try to clear it with the title company and I called the City of Meridian. I paid it today but it is still billed to Westwood Homes my builder. Kingsford: And you have closed on your house? Wood: Yes, it was closed like in April or first of May. Kingsford: Would you take his name and see that it gets corrected tomorrow. Your name again and address? Wood: Bradly Wood, 1669 S. Blacksmith Place. Kingsford: And the builder? Wood: Westwood Homes Kingsford: If the title company has made that correction then we can switch it. Our ordinance requires that it has to be in the owners name is why the hassle. But if you have closed on it there shouldn't be any problem in putting that in your name. Wood: I have called the title company and called the City and stuff like that I just figured it worked out. I paid it but it has Westwood Homes on the one I paid today. Kingsford: They wouldn't care mach about your water getting shut off probably. Can we have your phone number please? Wood: It is 888-5470 that is my business line. Kingsford: Thank you, anyone else from the public? Okay, entertain a motion to approve the turn off list less Wilma Blair. Yerrington: So moved Meridian City Council September 5, 1995 Page 53 Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the turn off list less Wilma Blair, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the water delinquency this month is a whopping $26,012.48 that is a record. ITEM #30: APPROVE BILLS: Tolsma: Mayor, I move we approve the bills. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #31: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Mr. Mayor and Council members, I think you have in front of you a letter from Briggs Engineers on behalf of Gary Voigt who is the developer of a subdivision named Sundance Subdivision which is on the south side of Overland Road just east of Locust Grove. Across the street a little east of the driving range over there, golf driving range. He is requesting some type of a City Council of your desire to enter into a latecomers agreement with Mr. Voigt for extension of the St. Luke's sewer trunk line from the point where it exists now to a point on Overland Road that would serve his subdivision. Apparently his financial lending institution is requiring some kind of a commitment from the City of Meridian that we would enter into a latecomers agreement at such time as the. extension was made. That is about all I know on the subject. Kingsford: We have a latecomers ordinance I think all it would need be is the City would consider a latecomers agreement for excess capacity that is in that line when submitted. • • Meridian City Council September 5, 1995 Page 54 Morrow. I don't have a problem with that. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to advise the applicant that we would enter into that as has been our standard practice, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: I received a couple of change order requests today in the mail from our consulting engineer on our well projects. Would it be alright if I brought them before you this evening for your consideration? The first one has to do with Well No. 16 which is under construction, the pumping facilities under construction right now. I will get that to you first. This is a request based on conversations between myself and our consulting engineer to upgrade the pressure in the northeast part of town. When the project was bid the plans and specifications called for a standard constant speed motor on the pump, it was 125 horse power in size. At that time we weren't sure what we were going to do in that part of town to upgrade the pressure. Crossroads Subdivision was having problems. We knew that we were going to have St. Luke's Hospital going in soon and that would definitely be a pressure problem there. The subdivision area of Chateau Meadows East, Tract Subdivision, Gem Park subdivision some of those were having problems with pressure. So, our consulting engineer Tim Burgess from Civil Survey Consultants here in Meridian took in a little bit of a study to see what could be done and his recommendation was to isolate the Northeast part of town and the east part of town from the rest of our pressure zone, make it a pressure zone of its own. And to do that would require a variable speed motor on the pump in Well No. 16. There would be a maximum pressure range of, I am not sure of the bottom end but the top end of the pressure range would be 75 psi that the pump vuould be putting out. By the time we get up to St. Luke's Hospital for example then we are looking at probably a 10 psi loss in pressure right about 65 psi. These variable fregencied drives are not cheap and I think the total price of the variable frequency for 125 horse power motor was around $23,000. But we did have bid into the project originally a ramp up ramp down starter. And so with the credit given to us for that the total change in contract price is $17,510. This also will necessitate some check valves being installed in the system to isolate it from the rest of the City so that we won't be pressurizing back into the entire city. But a check valve can open for water flow going from the rest of the City toward that area should there be a fire demand that was in excess of the well that was out there. So we can supply water from the rest of the wells in the city if needed. Kingsford: Would that hurt Gary for that to be included in the rest of the system, we are going to need a minimum of 75 psi anyway aren't we? But if not it would be a good idea to have it feed there too wouldn't it? Meridian City Council September 5, 1995 Page 55 Smith: No, if we, I don't know where we would hit 75 psi, I am not sure how far out, how far west we need to go before we get to 75. Kingsford: I guess what I am saying though if it doesn't get 75 it would be beneficial and it is not going to go above 75 anyway wouldn't it? Smith: It won't go above 75, that would be the maximum operating range of it. The motor will start to wind down at 75 psi, it will start to drop in revolutions. Kingsford: So why would we necessarily want to have check valves closing off from the rest Smith: Well, just so that it is not running at full speed all the time. It is kind of, the motor would be floating on the pressure in the system in that area. So as the pressure dropped the motor speed would increase as the pressure increased the motor speed would decrease. And of course one of the other advantages of having a variable frequency is that you are not battling this demand curve that the power company whacks you with every month as being your maximum power requirement. So, as that thing just floats it should help us on our power consumption also. Kingsford: But it would run constantly then. Smith: Pretty much. Tolsma: Basically the way they explained it to me was it was a cruise control for the motor. Smith: That is right Tolsma: (Inaudible) Smith: It is just like the variable frequency controls or motors that we have in Well No. 14 at Meridian Greens. Those are, the one that we have out there is 25 horse power is all right now. We have another one out for bid to supplement the demand in that area. This is a pretty good sized unit. I should say the motor is 125 horse power motor, this is not the motor, this is just the controller. Morrow. This issue Grant with the check valves is that if you have a system that is open anyway then this thing operates off the pressure. If it is open ended then the motor never knows when to turn down or it doesn't turn down as quickly. Kingsford: What I am suggesting is that still maintains us at 75 psi a little better throughout Meridian City Council September 5, 1995 Page 56 the system. The problem I see with that is you get over use of that well then. Smith: That is right. Morrow. Because it can't tell itself no, it is a cruise control it doesn't know what the open end of the cruise is. Kingsford: But at some point not very from that water tower the pressure in that water tower is greater than 75 psi just by tectonic force. Smith: I don't know where that is Grant I am not sure, I don't know what it is at Well 15 for example right off hand. I know at 12 we are bouncing around 80 psi out there static, but that is out on the west end of the system. Kingsford: Well, I am just an old potato farmer (inaudible) but I did use a little bit of irrigation with those potatoes. So is it your recommendation then to approve of the change order? Smith: Yes Kingsford: Is there a motion to that effect? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the change order No. 1 for Well No. 16 in the amount of $17,510, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you, the other change order request I have is quite a bit smaller it is for the Well No. 12 pump replacement. I will pass that out now. This one has to do with a modification that was required by Idaho Power Company, $914 the second item, is CT power metering and wiring. I am not sure what the CT stands for but I think it has to do with the safety issue that they are able to work on the metering device without shutting down the entire system without exposing their workers to electrical shock. But anyway there was a requirement by Idaho Power an -after the fact requirement that wasn't included in the original bid documents. We are not being billed for any engineering or inspection required for this installation. This is just the cost of doing the work by the contractors. The first item, installing a radio telemetry panel on the antenna mast, we had originally Meridian .City Council September 5, 1995 Page 57 expected to do that with our own forces, but the time just didn't allow us to do that. So that is the $800, the total of this change order No. 2 is $1714. Kingsford: Any question of Council? Entertain a motion on change order #2. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve change order No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council that is all I have. Kingsford: Mr. Berg? Resolution #162, A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 7, 1995 DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRARS, ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. I would entertain a motion to approve Resolution #162. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve Resolution #162, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Do they have these? Did you receive the judges and the clerks? Morrow: It was part of the packet. Kingsford: I would entertain a motion to approve of the judges and clerks for the election. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt, all those in favor? Opposed? Meridian City Council September 5, 1995 Page 58 MOTION CARRIED: All Yea Kingsford: Chief? • Gordon: Mayor and Council, again it is time for me to bid and order patrol cars. I would like to use Boise City's bid instead of going through the bid process which is exactly what they do. They put out the full size bid on a patrol car and Chevrolet did not bid at all on the cars. Two Ford dealers, Bob Rice Ford and Meridian Ford were the only two that bid on the full size cars which are the Crown Victorias. Meridian Ford came in with the low bid and this is the one that Boise is going to go with. I would like the Council's okay to also go on that Meridian City Bid or Meridian Ford. Kingsford: What were the bid amounts? Gordon: Meridian Ford was $18,882 and Bob Rice was $380 above that. Kingsford: So it was $19,182 roughly. Gordon: Yes sir, that is a little bit more than what I budgeted for, I budgeted $17,500 per vehicle which was last years prices. They are about $1000 off per car. Kingsford: You will have to make that up somewhere else in your capital outlay. No coffee for the Chief and so on. Gordon: I will take a pay cut. Kingsford: I vuould entertain a motion to approve of piggy backing the Boise City bid for 2 police cars. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the police cars based on the Boise City bid from Meridian Ford for $18,882 all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Shari? Stiles: Mayor and Council I received this letter today from Western Health Care • Meridian City Council September 5, 1995 Page 59 Corporation regarding the retirement center and nursing home on Pine Street. They are finally able to go ahead, they finally got the go ahead from HUD and they would like to (inaudible) building permits in October. The only thing I would suggest to them is to maybe get a site plan in here early so maybe you could review it individually. It has been so long since that has been approved that and it seems like there are some changes that maybe some input from the Council would be good. It sounds like a great project, very much needed. Kingsford: They have changed this from the full architectural drawings that they had shown me a year to a year and a half ago? Stiles: I believe they have, didn't they originally come back, wasn't this in 1989? Kingsford: This has been around for a long while but they were in about a year and a half ago and they had the full architectural drawings at that point. Stiles: It would appear that they had some changes they wanted HUD wanted a redesign for the assisted living section. What these changes would be I don't know. Kingsford: If you would respond back to Keith and ask him to submit a site plan and make an appointment so the Council might be able to look at those drawings. (End of Tape) Stiles: (Inaudible) wanted assurance that he could get another extension on that. It looks like he is ready to go ahead but he said they will be spending approximately $7 million for building and equipment once they come in finally. Kingsford: Well I am not a pessimist but I have heard that every year for about 9 years. So he is asking for an extension? Stiles: Yes Kingsford: Is there a motion to that effect? Yerrington: So moved for one year. Morrow: Second Kingsford: Moved by Max, second by Walt to approve a one year extension to Western Health Care Corporation for construction of a nursing home facility at Pine Street, all those • • Meridian City Council September 5, 1995 Page 60 in favor? Opposed? MOTION CARRIED: All Yea Kingsford: If you would let him know probably the Council would like to look at their plan. Counselor? Crookston: Nothing Kingsford: It is my understanding vve had need for an Executive Session with regard to personnel, is that true Chief? Gordon: Yes sir. Kingsford: Entertain a motion to go into Executive Session for personnel and also for a possible land purchase. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to go into Executive Session to discuss personnel and a possible land purchase, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: Council discussed in Executive Session an employee issue, no final determination was made. We also discussed the purchase of property that was budgeted in the final 94-95 budget. It was agreed, well I guess we take the vote in this session. Entertain a motion on purchase of the 58.9 acres at Meridian Road and Ustick. Yerrington: I move that we purchase this property for the fixed amount that was discussed. Tolsma: Second Kingsford: Moved by Max, second by Ron to purchase the property at the $20,000 an acre fixed rate, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council September 5, 1995 Page 61 Kingsford: Counselor, then can I get you to get with their attorney and get that in progress? Crookston: Yes sir. Kingsford: Walter? Morrow. Very quickly, I had down in my notes to ask Gary Smith to bring up all the sins of Marty Goldsmith to get them as part of this negotiating package to solve the problem. Obviously he is gone but maybe Will can talk to him about it. The second item was the old school, we have sent yet another letter to the Alidjani's that I think each of you have read giving them 10 days until September 12th which is another 7 days by which to perform. The third thing which I was going to discuss tonight but you can think about, trash billing is on unoccupied, never occupied residential construction homes. We are starting to have some feed back from builders. Apparently we are the only City that I can find in Ada County that bills for trash services when in fact there is no trash service at a never occupied residence. Probably it is a fair call not to pay or not to charge for trash services on residences that don't use the service. But we can talk about that at the next meeting. Because it will take an action by the Council to get rid of that charge. The personnel manual, I had a couple notes on that but I think in the interest of time we look at it at a future date unfortunately. That is it. Kingsford: Had the rest of you tumed in your comments from that personnel manual? Get those turned in please, let's get that thing wrapped up. Yerrington: Why can't we say a week from tomorrow night or week from tonight at 5:00 have some of our employees and have a meeting at 5:00 and go over it with them, maybe we put this to bed by our next meeting. Kingsford: I think they should have tumed in their comments, I think it is ready for us to put that together if we agree to it and adopt it. Tolsma: You want a week from today. Yerrington: Well the fire department doesn't meet then. I am just throwing it out. Kingsford: Is it your desire to have a special meeting on that? Yerrington: Yes it would be for me I think so. It would be nice to get it adopted before we start in our new year. • Meridian City Council Septembbr 5, 1995 Page 62 Kingsford: I agree with that, a week from tonight I shan't be here though. A week from Tuesday you have P & Z in here. Morrow. But that is at 7:30 he is talking about 5:00, surely we ought to be able to get this over and done with. Yerrington: Are you here Tuesday? Corrie: I have a meeting at 7:00 with the fire department on Tuesday night. So between 5:00 and 7:00 we ought to be able to do it. Kingsford: I will be here Tuesday. Okay is that a general agreement? Will you post that notice Will Berg, Jr.? 5:00 Tuesday the 12th. Anything else Max? Yerrington: That is it. Kingsford: Bob? Corrie: Yes, the ordinance on the Air Quality Board for the joint powers expires December 31st, 1995. Meridian City code section 6-7-12 we need to extend it until December 31, 1996 for that Air Quality Board authorization. I don't know, does it take a vote or resolution or what does that take Grant to get that. The ordinance for that Air Quality Board? Kingsford: I think it just take an action of the Council to extend that a year. Crookston: If it is an ordinance it needs to be Corrie: This is an extension of an amendment. Kingsford: Take a look at that, I think maybe that was right, maybe it was an ordinance. If it was an ordinance then we have to draw another one. Corrie: This is a joint powers agreement. Kingsford: I think the City of Meridian adopted that but I can't remember if they did it by ordinance or resolution. We need to investigate that if it is an ordinance then we have to Corrie: Give that to counselor? Crookston: What is that called again? • • Meridian City Council September 5, 1995 Page 63 Corrie: Joint Powers, (inaudible) extension of the effective date by amendment of the Meridian City code section 6-7-12 for one year until December 31, 1996. If they don't extend it then it goes to the State and Highways and they lose their money and all of this other stuff. So I just give him that and let him look at that, here. Maybe at the next meeting we can decide on it. It has to be done before December 31st. Kingsford: Anything else Bob? Ron? Tolsma: (Inaudible) (Discussion Inaudible) Kingsford: Is there a motion to adjourn? Tolsma: So moved Corrie: Second Kingsford: Mbved by Ron, second by Bob to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:22 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Q c L ' GRANT P. KINGSFORD, AY R ATTEST: WILLIAM G. BERG, JR., LERK • • MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 5, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD AUGUST 15, 1995: ~~~rvv~ 1. TABLED AUGUST 15, 1995: REQUEST FOR ANNEXATION AND ZONING FOR WHITESTONE ESTATES U DMSION BY WHITESTONE PARTNERSHIP Q~p~phv v-~ ar-~~-de ~C ~~~' ~c/~ - C'i,~ j a ~~1~ fa ~o~.~e~/G.t.e- ~ G1'.~~.w„-cam 2. TABLED AUGUST 15, 1995: REQUEST FOR PRELIMINARY PLAT FOR WHITESTONE ESTATES S~BDMSION BY WHITESTONE PARTNERSHIP Q~OP~-o /%e ~-w¢G•h n~ ,gc,~ ~ s~ {~ Coin ~~y tf 3. TABLED AUGUST 15, 1995: NON-DEVELOPMENT AGREEMENT FOR FINCH CREEK SUBDIVISION: a~~ro~'~ ~~ ~ ~ ~h~J"•~- 2 ~Zb ~d~- l~'.~ 4. TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS AND RESTRICTIONS FOR SALMON RAPIDS SUBDIVISION: ~/~ ~ht~l ~~t• ~~~'~ ~• 5. TABLED AUGUST 15, 1995: COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS ALAMITOS SUBDIVISION: fibre ~ht~~/ spt- /9~ hz~. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION N0.5 BY RAMON YORGASON: ~a /.~ Gv.~7i2 S~~t / I ~ f~f~, 7. FINAL PLAT FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON TABLED AUGUST 15, 1995: Gt fJ/~rnv~ ~Q2~ ,s"~a~~ cond~~-i~.J 8. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS SUBD ISION N0.3 BY FARWEST DEVELOPERS: ~ ~hOvQ Q~,~.Q`e..dea_ ~~~'~C~~ a~prAvt R"PC/~ie'~/ ~j~/j ,~~`~~ ~%~9'i-~~~ d2 dikcchc~ 9. PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION N0.3 BY FARWEST DEVELOPERS TABLED AUGUST 15, 1995: ~.~' r~.-~7 f-~pt ~~ ~"~' 10. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDNISION N0.3 BY FARWEST DEVELOPERS: -~~6~2e ui~-~7 ~¢Pt. ~ q . 11. PRELIMINARY PLAT FOR SALMON RAPIDS SUBDNISION N0.3 BY FARWEST DEVELOPERS TABLED AUGUST 15, 1995: ~:6/~e u~t~? ~J2pt, l~l Ja2~. • • 12. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR FRANKLIN GROVE CO M RCIAL CENTER BY MICHAEL PRESTON: Q~p~ravQ ~~~~d. ~,~~~' I~C ll a~Op/-ov'e G~eci7irn/ fn a'~~y 13. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDN SION BY GEM PARK II PARTNERSHIP: ~~pr~J~ ~~eh~ ~~~' ~ C'/~ ~i~royP ~~c~~'i~ Qf'~i~ "'F ref~~n~t ~y Oc~• ~~ 14. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST BY AVEST LIMITED PARTNERSHIP: a/~ptotre aoneKdza ~l~~e`i ~p~vove dPciri~v 15. AMENDED ORDINANCE #632 - WESTSIDE BIBLE CHAPEL/HICKS: ap~rD'~~ 16. AMENDED ORDINANCE #708 - LONGSON/C-G: a~,dro/~ 17. FINAL PLAT: KENTUCKY RIDGE ESTATES BY SHEKINAH INDUSTRIES, INC. (LOCATED IN AREA OF IMPACT): ~P~rove- 18. ANNEXATION AND ZONING REQUEST FOR THE LAKE AT CHERRY LANE NO. 5 5< 6 BY STEINER DEVELOPMENT TABLED AUGUST 15, 1995: ~a6/~ c•~t~/ 3'eJ~t, /~l !~~ ~~ appl~r~~~J r~e~upr~ 19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.5 8< 6 BY STEINER DEVELOPMENT: em~h~- P/~ ~fi7 fept. r q ~s~ ~i,~ . 20. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: ~~Jp~~~ ~~lf ~~~L C~i~y at~i-ney~ ~i pr~e~ar~ mrc~ihaa:c.~ 21. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER PROVIDING GAS AND FOOD SERVICE BY JACKSON FOOD STORES: ~rpn~de. ~/f~ ~l~ ~~etCC~c~J d2~~-~-r~p wi7'-`tawr~ ~Pp~av~ Co~idifi~c~ ~~ 22. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK PHASE 5 BY RON NAHAS: a~/~rov~•e- ~'u6~e~t to ~,~.~ Cah d i~ ~rn,r ~, e~h9 ~ gee t 23. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.54 ACRES TO L-O FOR TREASURE VALLEY BAPTIST CHURCH BY RICHARD DEMICHELE: ~~vvpr-~ve ~/~ ~ c~L u~ a~tortiey f~~.e,Du-~,e az~'han.~ 24. REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE BY WILLIAM AND CINDY WALGAMOTT: ~~pro~.e ~l~ ~C~~ ~~~~ov'e C'~r+.ct~: f~t~-n u.P Gc~~2 ~=uv~%ecr~ ,~o f~~ L''e~.di~-ib~ 25. REQUEST FOR A TIME EXTENSION ON THE PRELIMINARY PLAT OF SUNDANCE SUBDIVISION: ~tpprv~-c ~-e ~~- ~~~- -~X~~~°'`' ~ • 26. RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: 27. JOIE RUBY: CONCERNS ABOUT SALMON RAPIDS SUBDIVISION FENCE: 28. SKYLINE DEVELOPMENT: REQUEST FOR TIME EXTENSION ON THE LANDING SUBDIVISION NO.8 & 9: k~~rov~ ok.e cde~+. ~x~~~ 29. WATER/SEWERlTRASH DELINQUENCIES: a~~~~~ e~~~'ihy 30. APPROVE BILLS: ~n~ro/~ec~ 31. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. SUNDANCE SUBDIVISION -LATECOMERS AGREEMENT: B. WILL BERG, CITY CLERK: 1. RESOLUTION #162 -ELECTION: ~~f~~°'~~ 2. APPROVAL OF ELECTION JUDGES AND CLERKS: ~/,prov~s a RECEIVED SEP - 3 1995 arv of 1~E1~~n~r~ DELINQUENCY FOR AUGUST TURNOFF SCHEDULED FOR 09/13/95 Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P.M. 09/05/95 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 09/13/95, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off The amount of the turn off list is $26,012.48 ~~ CHANGE ORDER Contract For: Well No. 16 Pumping Facilities Owner: The City Of Meridian Contractor: Turn-Key, Inc. d-~ c'~iU.ecC ~''~S-cjS Change Order No. 1 Date: August 29, 1995 State of Idaho Ada County RECEIVED SEPO5?9~5 MEFsIDtAN CITY E CiINEER You are Hereby requested to comply with the following changes from the contract prans and specifications: Description of Changes (Supplemental Plans and Specifications Attached) Decrease in Contract Price Increase in Contract Price Bid Item 9 -Electrical Delete ramp up/down motor starter and replace with 5 17, 510.00 a variable frequency drive motor starter with appurtnenaces per approved shop drawings, 8/10/95 letter from Turn-Key and 8/1 1 /95 letter from Civil Survey. Totals 50.00 $ 17, 510.00 Net Change In Contract Price 5 17, 510.00 Justification: Owner requested VFD modification. The amount of the Contract will be Increased by the sum of 5 Seventeen Thousand Five Hundred Ten and 0/100 Dollars (5 17.510.001. The total for this Contract including all previous Change Orders will be 5 One Hundred Eighty-Two Thousand One Hundred Eighteen and 53/100 Dollars (5 182.118.53). The Contract period for completion will be Increased by Eleven (1 11 davs. The Revised completion date will be October 16. 1995. This document will become supplemental to the contract and all provisions will apply hereto. Requested by: ~~~w~ Gi %~'iGYr~lia„~, WNER) Recommended by: (EN NEER) Accepted by: (CONTRACTOR) 8~ Z9 9'5 DATE DATE DATE j~ ~ ~ CHANGE ORDER Contract For: Well No. 16 Pumping Facilities Owner: The City Of Meridian Contractor: Turn-Key, Inc. Change Order No. 1 Date: August 29, 1995 State of Idaho Ada County RECEIVED i1AEFt{r~IAN CITY E GINEER You are Hereby requested to comply with the following changes from the contract prans and specifications: Description of Changes (Supplemental Plans and Specifications Attached) Decrease in Contract Price Increase in Contract Price Bid Item 9 -Electrical Delete ramp up/down motor starter and replace with 5 17,510.00 a variable frequency drive motor starter with appurtnenaces per approved shop drawings, 8/10/95 letter from Turn-Key and 8/1 1 /95 letter from Civil Survey. Totals 50.00 $ 17, 510.00 Net Change In Contract Price 5 17,510.00 Justification: Owner requested VFD modification. The amount of the Contract will be Increased by the sum of 5 Seventeen Thousand Five Hundred Ten and 0/100 Dollars (5 17.510.00). The total for this Contract including all previous Change Orders will be 5 One Hundred ~igf~y-Two Thousand One Hundred Eighteen and 53/100 Dollars (5 182.118.53). The Contract period for completion will be Increased by Eleven f 1 11 davs. The Revised completion date will be October 16. 1995. This document will become supplemental to the contract and all provisions will apply hereto. Requested by: WNER) Recommended by: (EN NEER) Accepted by: (CONTRACTOR) B~Zq 9~5 DATE ~~~~/~~ DATE DATE i"~eP~U~ec~ ~--5- q5~ CHANGE ORDER Change Order No. 2 Date: August 29, 1995 State of Idaho Ada County Contract For: Well No. 12 Pump Replacement Owner: The City Of Meridian Contractor: Caron Pump Water Systems, Inc. You are Hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes Decrease in Increase in (Supplemental Plans and Specifications Attached) Contract Price Contract Price Bid Item 3 - Install Radio Telemetry panel and antenna mast. 5 800.00 Install CT power metering and wiring. 5 914.00 RECEIVED 'EP 0 5 'SJ5 MERMAN qTY ENGINEER Totals 50.00 5 1,714.00 Net Change In Contract Price 5 1,714.00 Justification: RTU panel was to be installed by the Owner. Owner requested contractor install RTU equipment. CT metering required by Idaho Power was not included as part of the original plans. The amount of the Contract will be Increased by the sum of 5 One Thousand Seven u~~~~~p~ Fourteen and 00/100 Dollars (51,Z14yQ~). The total for this Contract including all previous Change Orders will be S~ghty Thousand T~~~o Hundred SixtKFour and 00/100 Dollars IS 80.264.00). The Contract period for completion will be Unchanged. This document will become supplemental to the contract and all provisions will apply hereto. 8 ~/ 9~' Requested by: (OWNER) DATE Recommended by: ENGINEE) DA E Accepted by: 8-31 ~~~ (CONTRACTOR) DATE CHANGE ORDER Contract For: Well No. 12 Pump Replacement Owner: The City Of Meridian Contractor: Caron Pump Water Systems, Inc. • Change Order No. 2 Date: August 29, 1995 State of Idaho Ada County You are Hereby requested to comply with the following changes from the contract plans .,.~1 e..,onifin'tinnc• ~...~ -r--...----- - Description of Changes (Supplemental Plans and Specifications Attached) Decrease in Contract Price Increase in Contract Price Bid Item 3 - Install Radio Telemetry panel and antenna mast. 5 800.00 Install CT power metering and wiring. 5 914.00 RECEIVED MERIDIAN qTY ENC3INEER Totals 50.00 $ 1,714.00 Net Change In Contract Price 5 1,714.00 Justification: RTU panel was to be installed by the Owner. Owner requested contractor install RTU equipment. CT metering required by Idaho Power was not included as part of the original plans. The amount of the Contract will be Increased by the sum of $ One Thousand Seven HiinrlrPrl Fourteen and 00/100 Dollars (51.714.00). The total for this Contract including all previous Change Orders will be 5 Eig.aty Thousand Two Hundred Sixty-Four and 00/100 Dollars (5 80,264.00). The Contract period for completion will be Unchanged. This document will become supplemental to the contract and all provisions will apply hereto. ~'-~ Requested by: (OWNER) Recommended by: ENGINEE ) Accepted by: (CONTRACTOR) a~~~/ ~~ DATE DA E 8--31 ~.~ DATE ~ ~~ce~~~~ ~ ~=~~ ~~Western ~~ ' Health 1475 NORTH COLE ROAD BOISE, IDAHO 83704 Cade (208) 375-9964 ~: Corporation FAx (ins) 375-995s September 5, 1995 Shari L. Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho St. Meridian, .Idaho 83642 v.I.A. Tax Transmission #{ ( 208 ) 887-4813 Dear Shari: Thank you for your kind words of encouragement today. On ~riday, September 1, 1995, I did receive a call regarding the HUD loan application for the Meridian nursing and retirement project. They assured me final documents are complete and loan commitment is now scheduled for the third week in September. That should allow us to begin construction in October. You, the Mayor and the city Council will be the first to know. During this past year, we have been moved from the Portland, Oregon office of HUD to the Seattle, Wash. office_ In October of last year,~I took my architect and conducted another "pre-Application" conference for the benefit of the Seattle staff. We were assigned a one hour time frame, but because of the uniqueness of this program, were actually given three hours. The end result of this was verbal approval for the concept of the Nursing facility with a "sub acute" section. They did, however, request a plan re-design for the assisted living section. This delayed us several months while the HUD marketing people and their assigned architect approved the re-design concept and plans. I was not happy with the delay, or the additional costs that will be associated with the changes, however, I must admit their suggestions were valid and will enhance the appearance and function of the building. Please extend my personal appreciation to the Mayor and City Council members for their continued patience and encouragement. We have had so much support from the community and receive calls at least weekly on our progress_ This will be a project we will all be proud of. Thank you agai for all your support and assistance. Sin ely, Ke i~"lloway President SEP 05 '95 13 02 208 3?5 9958 T~PAGEP011 ~' Western Health Care September 5, 1995 Shari L. Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho St. Meridian, Idaho 83642 V.I.A. Tax Transmission # (208) 887-4813 Dear Shari: 1475 NORTH COLE ROAD BOISE, IDAHO 83704 (208) 375-9964 FAX (208) 375-9958 Thank you for your kind words of encouragement today. On ~riday, September 1, 1995, I did receive a call regarding the HUD loan application for the Meridian nursing and retirement project. They assured me final documents are complete and loan commitment is now scheduled for the third week in September. That should allow us to begin construction in October. You, the Mayor and the city Council will be the first to know. During this past year, we have been moved from the Portland, Oregon office of HUD to the Seattle, Wash_ office_ In October of last year,~I took my architect and conducted another "pre-Application" conference for the benefit of the Seattle staff. We were assigned a one hour time frame, but because of the uniqueness of this program, were actually given three hours. The end result of this was verbal approval for the concept of the Nursing facility with a "sub acute" section. They did, however, request a plan re-design for the assisted living section. This delayed us several months while the HUD marketing people and their assigned architect approved the re-design concept and plans. I was not happy with the delay, or the additional costs that will be associated with the changes, however, I must admit their suggestions were valid and will enhance the appearance and function of the building. Please extend my personal appreciation to the Mayor and City Council members for their continued patience and encouragement. We have had so much support from the community and receive calls at least weekly on our progress. This will be a project we will all be proud of. Thank you agai for all your support and assistance. Sin ely~~,, Ke1~ loway President TOTAL P.01 SEP 05 '95 13 02 208 375 9958 PAGE.01 ~ CTTY OF MERIDIAP~ P BLnIC MEETINcG' SIGN-UP SHEET Y v~n~ - ~JR~n..,,{~ 5.1995 - `7 30 /~~ NAME /~ PHONE NUMBER CITY OF MERIDIAI`, LIC MEETING SIGN-UP SHEETn ~,.~ ~r .~~ - ~af~„ how S / 99s - ~ 3d J"i.~ N//AME~~ /-~ PHONE NUM,rBER N ,~ 1 ~$ ~'~is~ ~v~ .7~o~u'N~ ~ y ~ ~c~~ ~ s8~. ~3 ~ ~ ~ 3 ~ ~. ~'~rl~ ~')'1r~flo~ ~ DSO E, ~rvu5~ Dr, X87-~-t'~3~ • • NOTICE OF CITY ELECTION NOTICE IS HEREBY GIVEN that on Tuesday, November 7, 1995, the General City Election of the City of Meridian will be held for the election of a Mayor and two (2) Council Members, Seat #1 and Seat #3, to serve for a term of four (4) years. PETITIONS OF NOMINATION: Petitions of nomination may be picked up at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M.. The last day for filing petitions of nomination will be October 10, 1995. HOURS OF VOTING: The polls for said General City Election shall be open at 8:00 A.M., and will remain open for voting until 8:00 P.M., Mountain. Standard Time, on said date of election. POLLING PLACES: For electors residing in: Precinct No. 1, will vote at Meridian City Hall, 33 East Idaho Avenue, Precinct No. 2 will vote at American Legion Hall, 22 Broadway Avenue, Meridian, Idaho. PLACE OF REGISTRATION: Electors may register at City Hall, 33 East Idaho Avenue, Meridian, Idaho Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M. Last day to register will be October 13, 1995: BY ORDER OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Dated this 5th day of Septemher, 1995: ~~~~~~U~~--~~ WILLIAM G. BERG, JR., CITY CLERK 1 1 RESOLUTION NO. 1-~-_ A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 7, 1995, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. BE IT RESOLVED BY THE MAYOR AND COUNTY OF THE CITY OF MERIDIAN, IDAHO THAT: SECTION 1. The General City Election will be held in and for the City of Meridian, on the 7th day of November, at which time there will be elected a Mayor and Council Members Seat #1 and Seat #3, to serve for a term of four years, or until the election and qualification of their successors. SECTION 2. The following are designated as the polling places for such election: FOR THE FIRST PRECINCT: Meridia n City Hall 33 East Idaho Ave nue i i ,Idaho FOR THE SECOND PRECINCT: American Legion Hall 22 W Broadway Avenue idian Idaho SECTION 3. The Clerk, for and on behalf of the Mayor and Council, shall give public notice of the time and place of holding such General City Election by posting such notice in three public places or publishing such notice in at least two issues of the Valley News, a newspaper printed and published in the City of Meridian, Idaho, the first publication of such notice to be made not less than 45 days previous to the date of such City Election and the last publication not less than 15 days prior to the election; the notice so published shall state the polling- place in each precinct and the hours during which the polls shall be open for the purpose of voting; said notice to contain such information in accordance with the requirements of Section 50-436 of the Idaho Code. PASSED By the Councl aril APPROVED by the Mayor this 5th day of September, 1995. ATTEST: WILLIAM G. BERG, JR., I CLERK G NT P. KIN\G~ ~~~ '~~ R r E` ojiri~ - ~'. ~,~ SST 1S"~ • ~ \`. ~'~~lIIINiiL ti1~~N`\` • ~ The following election judges and clerks for the November 7, 1995 City General Election have been selected for your approval: First Precinct #801 (City Hall): LaWana Niemann -Judge 505 W. Carlton 888-2812 Judy Kelly -Alt. 403 E. 2nd 888-4307 Carol Snyder - CIS 420 W. Carlton 888 6600 Niki Tomkins -Clerk Lauri Swanbech -Clerk 1144 E. Willowbrook 944 Claybourn 888-1037 888-5546 ark Buffy Ahlstrom -Clerk 1811 N. Teare 884-4029 Second Precinct #802 (American Legion) Linda Berg -Clerk Eloise Stemple -Clerk 612 Tiffany 1114 W. 6th 888-1843 888-1265 Rosemary Lowe -Alt. Janet Berg -Clerk 1425 W. 7th 231 W. Washington 888-3389 888-1822 June Pack -Judge 524 W. Carlton 888T2839 Nancy McMorrow -Clerk 1009 W. 4th 888-6615 All above listed judges have served preceeding elections. PASSED by the Council and APPROVED by th Mayor this 5th day of September,. 1995. APPROVED: NT P. KINGSFOR ,MAYOR ATTEST: WILLIAM G. BERG, JR., CI CLERK ~~~~~~n~mltRrr~~~~ .~'~ ~., s~~~ ' ~ ~g A~ `~ 9 ""' '~~~'~q ~Ui~T`l ~ `~~ ~~~,~ ~h~rn~,ir ~~~~~~~'`~ `i `~ ~ • is i.i .... :iE~ailliiii ;ii:L t1CcCY ;.IS - RGGK & ;~iETEk GkDc: i3eiir{quzlxy T1~8 = i;3 Days lYiiuiUul DOild7 ntilQU'tiv: la. BB 1-.., ii . . 1 ti.i Ji ?r -,.n-.~ rri4t: _ IILiVI~. 1: I V---~.--~------------ i\rV~MriSl ISHIiL ..------------------ ._ t L{.itV{ f11L1\tJJ -----i 1----- Vrny l G M1+I~t:.191 I aii~rc~;~ii~ 1 11~{ L~I1La 1 . - i- r ~uf.•~T - - .Zirli 7{iGF:b~ 1. J. Iii1U1~if1J i~• // ~~` , Ifly 1;-tnlDlri~l ~T• I - IN•iJl 111. 1CI{ lUti. IJV; 1- 30 { is%~JDC:td i,i3}iis R. i7i3 flEfiIDIAty ST. i 3i.3i 4i,~3i ~;;.klF;i 1- 7c0 ~';rf;;LrY I Du"U3'_AS i o47 BkGADGAY a4 c. ~ i 31.38 ~2. c0 i ~~3.3E~ ;.- 77;; i ;i::i.n ;T~}C;=:;7o i511 ]:r''\GAi}t~aY i~;'E. ~ ~~ ~~I sic. ~E; { v,: - a. d_i f - ,:_, ~b. 1- ~9s i ~A:dTZ i c,; A;; .6a8 :skD ST. W ; s:,. `o 7:;. 8a i it:':.-~ .- iL'PI 1 i.i~rrl'iF7i7 IJVIi v. iL.i.~ D11U1'31L~V1'i~ nYc• Vi 1 :~iJ. i"vl ~\J.'itil ali.. li i:. 1-liod i YL~Tc~ IDUi:aL3'i ~. IS. 'lUafiG ?1VE. a l .il..itl{ ii~.Grii tjJ,d 1"iG1G I LLIPii.AS IJLHi`J~ I/Ly iilhrU h~r G. ii 1 GG. u:ii .+L. J'UI r~'1..:iJ i-cii~a 3i,iHitiD;;~lTu 1Jii;tE 115$5 HiDDIC'ei 5T. W 61.'3; 134.~f0i 196.:.@i 1-;:850 1 DIDDICt; i;:,ETi 1110 iSTH'ST. NW i =1.3{;I 6.::31 10;3.:0; i.-3310 s S~IkCi{Er' icCIIL \4 ESTiiEi; :ill ~'It~E aVE. w 134.901 158.5@! C9;.73i . ~10~ 1 i:n1G.,Ut i 7a+i~~D . ay6 EkattiKLiM RD. » ..,., iC i c:. GC 1 44. i :.' ii] ii1U;lHt iL~l`liillrl 17t:: iAly :)i. .ti Ct.UCil ~4.i7Fii Gu.d~ iiki i `31YI1b1i.VHP1 ~uHV1D ICJO F`li4t HYE. IV ~C.kril 'iC.kii71 ~'f.Z~iii - 9:1~ 1 'il•ii'i :iL•l~L i ~ ibTtti:.fi Ci iHiiiiNnci ib3~ i.l~liEKl'UI9 ~•f. d i ~ , ~ ' _ i Db.tdl ldf.4Gi (:,.Gtl; ~-1563 ! DGigKa !;eiv~,' I1y34 c`iD ST. Gi 44.er3i ?3.ri0i 117.35! i-i51t i DESILET iDE;~IC. 11502 2t{D * i ,7.i'di 7i.4ni ia:.Yai C-7sd i Diti. +Aii>:Y ariilS i ! 4a3 Crii:~tkY Liti. i ti,'..is i 88. ie i 13~;. ~;i5 i c-ioi7 i till.tlilui9 ilC;NAIu 1'I. i233 i1AF'iE AVE. W i 52.c,OI 69.201 121.ei,i 2-c063 1 fh;~'iEk !;iCGTT 1s'14 CAHELLIA Avc, l 35.Gt~I 6;.201 1a4.;33i ~-Ci'!~ i ~LAIii 1 WIL A 1139 21D W 33.631 6@.201 90. e3 i -ci71 9Giit~i: IAi~NRBEL~E 1232 CI-;EkkY AVE. 41.C;i1 ;4.40i 115.631 ~-Ci:4l7 ; ~'LC:fi1M`J i I;i~tiiii IGa6 ~tlCtiltY Hvt. i 7C.ci1i b;3.iF:11 Jr..:ui G-Cy`~d I iiHAKUSii ;. aPitaL 1331; l,flttikY AVE. l :{J. `7;5 i t5l. a~ l ltii. r a { -Cl?Si i ~iD t ut1M biltiHiic tt~l'it HSSUL { i Si•'itIN1{L"Lt(-I'1'1D I Uwn :;U I itd. k3b I CSb. dm I Stti. Ui51 2-2748 I PACK ;RAJL (1323 4T1; ST. W i 35.'.YJi 53.73; tiy.03i -3180 i ;~YAhI lWALTEk ;1131 7TH 5T. W i 49.301 95.301 145.;21 i`.~o~/O, L{lnilli_i:.~: .,.+-nu:_.iit IaC% iFibt71t3ui4ii Floc. ~. .i(.YiCii G:r.4ii71 ciL.utJ t-3b:;i] i i'itti3Eliii 1' i kurtx 1 i 1~1 wA5n1MUTGt1 HvE. r~ . ~3. da r 4b. ihd I i 1. i]d I C-42iJr1 I iiLHKtLt il'.LhUlit rFiltS i1biG bTH j1. W J`J.~GI ld.4dl li~.Dd ~,,..a i Viitii;Eiti i i TG>~;'fY + 1329 13TH AVE. W 1 40.50 t 92.001 132.501 C-475;; U(~1;t } CGLLEEN i 1414 14TH ST. W i 55.93 i 10c. 631 153.50 i ;?-4800 i TuDD IJUDY L. ;1400 rtiGRTH6ATE AVE. ;8.201 39.401 i37.,E?i c-5a2v~ i idiiUD i KEi;itiETi 11533 LINBEk fiD. ti ! 64. 3 i 96. J'a i 161. ; S 2-5s'd i S~ii7s i;^iiiSrLL i193.i i4Tri 5T. rj i 4n.ui7i ~it.i9i i4J.i'i:i C-;ioid ! RhLiiULE I A i titC'1~ i1UF'1`Iltii% iiFIY Ltt i 15df l#FiSHit'ili I ilf9 51. ~ i ti4. Gd 1 lC1. i~7 i lbs. uk~ i 2-:i (60 I u;'((:IiaGit i 11ElUiiLtkii 11J~i i,A((L'! li'i9 IiYt. tv i Jb. Jai bb. dd l 1'fi. Jd l 2-5740 ! NIt91"G ! ;BONA I is'27 CAkLTGY S T . ~ i :i5.sia i 5f,. r,3 i y i.z i 2-5790 i SGUI ;LINDA 11104 13TH AVE. W o5.63i 101.20; 1~,,.a0i 2-5"960 i 5C~4JLER .E iial};ES ~ Fi }ii04 WASHINGTGN ~L. 1 38.:01 86.131 125.001 t-6030 i ;RASuaSi<I i TGP1 ! 1017 12TH aVE. W i 4;'. 6+i i yo. c0 i ion,. ~ 3 i -6,:+Yt i :5'iJl'iHiFIC\Ll ;;]{[tit :1 'it7i3 isFISi111415l1%1 iK. :i C/.4:i. :1'1.GJi u4.i?~1 • ~., .i. I ~ iJ i ' I' i L. Yi .L U .L F; i'ti 11 L' L .i. I'N L~ i.J t:.,''{ i., i L..i.::i i "" ii LJ U IS ~'SC I'I L' 1 L. ~ ti l1 Ft iJ 1'ti ;;e;.:nquency Ili§e = Gf9 Ud~S / i'iii11~U® LDaia'I' Itif&O:tiiLi 1tl.i,b ifoc-;-rieter a: i-i0 to 89t05f95 PAGE: ADDiS I i ------- FAST ;)i;i: A?fDUN; ;; --------- ; HEIEk ~ i-------------------- ;:ESiDE~iT t,RliE -------------------i----- SEiiViCE STnEET nuukEo~ -----1 GCCtkEiiT I AkkERR;i I TD' ;SAL. t-G71 i9 ~ ;1D~L-h'HKic i SHMiiriF1 11i~F5 ~ 1 H I t :, I . ;V ~ / 1. C71 1L.1. -ir] I [rail. ~e: , Y Jl{3 I 1ltLiCll 1ltil`ltti l i b'~9 HdtKflHTl,f iil'(. ('I { '7:1• jai i J1. tln { it /. ! t) 3- 508 i JONE5 .LYNN 8 CriEk'f ~ i $$2 ~ FIi.L Pitta Fi_. i :41.0x1 i c44.2~ ~$~. 5F; 3- 690 I GITY kADIATDk $ i7UFFLk 1 Ib71 LINDEk kD. N I bl.$01 133.~0I 195.311 4-14G6 PDTTEk ~ CI~fi:S 0 r";Gi:~Yt{ i 1519 HA6'EN CLUE AVE. t~ i i$. G3 i 75.20 i 155. ~ @ 4-165$ i ;1CDONRLD !TONY u TkUDY 12029 LE;iDY CT. ;1 07.601 94.0di 152.cG 9-1`1!4 i JIItiGIII'IAUhti {aiLc~ ii44J 'IU1SH1 'w1. iV v3.Gr)I (:i.Y~i iC%.Gvi 'I-C144 i i9iLUWUDII i1Ui7tb I 11J4d Vi,`iEYH1tU$ Hvt. fti i t3~. 10171 3i. GL^I ib1. 41'11 4-CSt9 1 Ltt iaUbNty 6 I`ili.i'iHtL ii~3t VltitiAt~LS iVt. PI ~~.GLI j3.t:i1 4v.~~u: ~- CSC I SHLLtt i 7Fi(t i 19t~b i!LUt CKEEt~ ilk. W ~ 73.1@ I 1b3.20 i 2.0, .~ 5- 318 i L"uWE CDkRukATIDN i 11220 HOTEL CREEi; PL. is 1 49.001 13$.2@1 i87.2GiI i.9- 46 1 17DakEl' ikDBEkT 13727 HRkBDk POINT ;). ~ 45.081 b3.20i :08.;;0; c0- 332 i dUiiNS 1 i:E~iT ! 1835 NHITE JR1( WY. N 1 25.301 143.60 i 22~. =' iF3-127$ t i_lll~it i:ilKF`tiKA i I0Y i i 1U6a iilil+7ii9114Yi ii ~ . ~ 7 3. iid 1 11!11.8131 1$3. uil GY]-1bG4 i 1ltii~.t1 131t4tM id/b1 NiUUUI'iD14f Lk. I f%.u191 i~`1.19YJi Cii.L;:: ct]-lb9a I f'ftHi;ilAi~ 1191Li1HCL L. i37cG iwiluLitiGnT LA. I Jl.fdl 1~4b.3~1 tb9.4ti c0-1726 i MESF;Dr^ !NANCY 121111 SGIDTO Pi_. tt i tib.nr,i iri':i.otsi ti'~.~i 20-13b2 i OUAF'F' iLOkcE 12071 TURNBEkkY WY. I 1x0.801 103.b0i 204.7x1 2C-1864 i RL'.DJhNi iHELEt; 12x123 TJkNBEkkY wY. b5.90i lb2.n01 2cc.~2:: 20-1374 I idRLliEk iPR( i X824 iNTEkLACHEN rlY. ! 73.281 9b.0ai 133.331 ti- 9t 1 1CA~i5t1' _ 1 TAdI'H i Ltli3b ilKiS i CPi WFIY 1 J'l.b I 'Jd. ~t1 i iJc. oi:~ i 1. I i 1 2i- do i LDWL iuNkiiti 124$2 LERNFI WY. N I 55.801 83.001 138.001 2i- 5$2 i CHANCE 1t1Ak3DRIE 12fi0b PEBBLE5TDt,E CT. W i 2$.501 80.$01 109.401 21- 996 1 GDUnLEY !DAVID ~: 14ki5TEN 12723 PEBBLE5TONE GT. W i 81.10! 141.401 222.501 i:i-itl;J2 i BHI;Ntt 1Y,ENT 12;3; FiELDSTDNE ;wY. tt 1 90.001 IU5.2J1 i5.tiui ~i-1b:,4 i riCHUIYbTt1N I IStK11Hii11 fi nrinLC:i1 I C'jt1 r IcLB51 uMt W1. Y i 71.0a i irrt'. i:[!! 1`13. ~n i tl-.iUtO i 'I~iUkiiFl r i 3ui;iv i t%40 WHl 1 E51 UMt L { . W i b17. Sb 1 tSG. Jlri 1 1'fb. ar; i c1-1150 I vllt4c It(AniiHLL 6 iiHLL.i: iCJ~C i'IAiiit wY. ~ I '1.381 CC.'ibl 1cG.tt; 21-1174 I TWADDLE IDAVID 12492 CHATEAU Dk. iu i 53.cEi iGC.4$i 155<.otli 21-1480 I LE5TEk IBETTE i20b3 CHATEAU Dk. W 1 72.001 86.301 158.x01 2i-1706 i STAGY 1GEriALD 124$1 CHATEAU Dk. W 1 3$.$01 88.601 i27.~3i 21-1758 i KOCK IkOBERT B. 11843 TODD WRY I JJ.'j~l 91.b8i 147.x01 [i-1lGb 1 GilFi'iiHl~ lttll:l; I{. Il'iiU r1F;iiiAitiYA FL. i GJ.::dl 1i03.Ji21 1fi.rJYfi 21-1710 1 llG51~tll I YVJN(4t 11!41 CiAk1aMH{;i >rL. i ~:I.9171 li7tS. tsBl 1G5. Cv l 21-1!11[ I I'IHl~itn I~~IY D. Ii-J1i NAkIAi~itiA PL, i d4.ibi 15o.90i C41.i;bl i:l-i$t0 i uAviS i13Ak% 12881 TODD WAY ; 46.301 58.8@I 105.101 21-1870 1 5GNOPPELnE'f !DOUGLAS $ CARLn !2644 REBBEGGA WAY S2.30i 7b.601 12$.:01 21-1920 1 PETEkSDN 1KGNNEL 8 KATi{EisltyE 12512 kEBECCA WRY i o$.b01 99.081 159.201 ci-1~i3n i i_ui~r;D iulirID $ SHAWNA 12615 kEBECCA WRY 1 65. $0i 127.981 193. X01 ci-1"142 i 'r'UIiL idlii~2S :y. 12[13.1 hEiiEl:,i:A 1uHY i c4.idi i;:i.t'Ik7i :x0.7;;1 21-c~iGG i I iHGrsUS i 1511.CHGL U i iG!'i vi%l Uk HVt. iY C f . bU i 3E1.6i11 35. td I 21-Cbtiil I F'UliPlli~t iJttfl{Y it r'FII'1%L.i 1301) ANiti ST. 11 i 4'7.'7171 ri,.udi 135. r:;i 21-21370 i ANKEt;t1AN it1IGHAEL A 129;3 ANN ST. W 1 42.101 85.;=i;i icr.;::;i 21-2138 I LDVAt; i3EN~II;-Ek 13035 ItRNDICE 5T. W i 26.001 53.201 79.801 c1-2238 ~ 7R5GrDFT 1JGHN 3 LEAtaN .29$6 YANDIGc ST. ~ i 3$.08! 90.0Fi 11'1.x:0= 21-2759: THDPIPSDN . MICHAEL 3 1<kEI~tA 1[94'1 V,l,llilS ivT. ~ ad.2@i :13.9[1 i;3.~ai i i l..J. I f lJ1" i'il:_1i.1.L11••II•d I7t.~:1:t~iitLik.i~IC'tLTS"t' - DUI: E~ irf~ f•t~Ft uFi:i7i~:i~: Deii;;a;szncy 1178 = ot7 iidy5 i Nini>uu® Doiiar Hnowtt: lb. n0 nooi: r'leter ~: 1-I8 io 09/05/?5 BDOK I rHbtY .i i------- PAST DUE A110UHTS --------- ETER # f---------------- ---- RESiDE~IT i~IA!"E ---------------- ---i----- SERVICE STREET ADDRESS - ----i CQRRE;aT I ARREARS i TOT nAL. ti-ttl'~4 i IiUHKUt ibTErilEfti s JAPIE --------------------- 1e579 STONE F'L. i ----------------- r ii::;.3;:ti ------------ ti4.e';eti ---------- .ti9.oc C1-Cyin i i~tr't5 IiiAV1D k icHi~Eiti 1e953 tLn STIiGH14 5T. iV i t1l.tdi lii.nni 1'j,i.~3; ilitYlPl k nECf;t It5o1 tLK SiKEAI'1 JI. ,d I b"i.Jbl C4.ti71 i7J.;C! ti-a061s " i BGYIiSTii+i IrATRICK & JUDY 12943 JOUST ST. W I 55.601 121.201 17b.3Ei cl- x070 I DECK iRIiBERLY 12921 JDUST ST. W { 57.201 126.401 io3.GEi 22- 342 i FfiY IJDHld R SHERRIE 11$22 TRACY CT. I b4.;01 100.1;01 17n.54~ tt- 411.1 : i.'•niiirEi.i_u ~~ i ,iur; i i_. icc57 ASTAIRE IdY. °~ „ '~" i .;c. c01 1 E;i ~+0 ; "- ; CG- tG17 i I .H 1 t,'{ n .__.. I ~UbFiH t. f 2234 KUBIK FOL. N _ i ! !. l~! . tStf. tln l 1J4J. vL lt:l. VG i cC' JttS 1r'l1~LHf\D I KUNHLL i CJ0! Y~(jBIlt r'L. N i IYJ~. Ge71 Cit. Cl7 t :rCl. ,711 i te- 514 ntiCKErc i,ii:A;~i i2e01 i1GNACu aAi' i 60.5ai 111.701 7c.cr~ 22- 932 ! PLANT IFiARDELL 12108 SANDALd~OOD DR. N I 44.b01 $2.201 ;2b.~i;; 22-105b I STANFIELD IRGSERT s, TRICIA 12823 GLENNFIELD r'L. ~ I 59.001 148.2fli 107.34: 22-ic38 i UEISS 1DA'JID ~1. I1$53 COOL CREEK AVE. ii 1i-.101 135.101 ~~?.ce; 22-13:,0 I CO'v1GcR f GAYLEi~ & SHAi~i~uN i 195b r~CGLInCirE 5 T . a i ~~,"s. E3 i i3:i. ti0 i tt6.:;z , tt-135ii 1 M~EnBS li9HICVs'IY L. I11n.1 ritriDRl1.KS L,. i '~1.G01 'i7.'i F)1 _vii 'C: Ce-l3dt I b4riHt~t tii i Y~Ii.f1HtL i 1933 aAnDALadGOD UK. id 1 7t. i3J I 15G. 4171 . C:tC, t;~ i?2'i+ii74 I h{JLI`iERtiJM , tttli., L I lilt 19CGLIIYL11t i hT. W 1 GJ. Ju 1 laic. GG I GJ.'rd i 22-1408 I TAYLOR 1PA[1LETTE 11888 NCGLINGHEY ST. ;v i 73.~~01 i1a.801 158.741 22-1002 I HILTON IAG_YN 11087 BEARDON CT. I 41.x01 81.201 Ial. 22-1b14 I FISHi:R 1DO;,ALD H. 11750 REARDON CT. i 50.?fli 70.;;01 1^c7.74i 3l' i 4C i 4`HHUt'itii i tK {`,HK`i 'T Ilssd IOaT vl. W - I OC.'~ij 7r~ I iib.rGr • c n ~ - 147. ul:: 31- C98 i HtiiuiiIiiS {RUSStLL J. I1~28 i:ittKKY LiY. W 1 'IJ.'~nl 1t.G81 1CC.U~Ii 31- ~Jt I i'IILLtK i liUDti(T L. 11501 K1NGS~ii7iiD A1+t. i 44. c?t i f37.4b i iJl. G'u i Jl- t2tl i 1,UVHL}i I JH~ItS k i.1 nDA t 1.11y MGaifOli'I llR. I C$. 7111 b4. $01 ?5. 7 41 31- 734 i PrfiKS IROtdr;LD 12287 FAIRrd00D DR. 1 6i.J'01 65.301 130.601 31- 744 1 ASLETT ILADDI,A 11434 KINGSWOOD AVE. i 43.201 70.fl01 liJ'.c41 31- 770 1 ' FIEPI4EYEfi ITH01iAS 12218 FAIRId00D DR. 7?.6+I 120.201 135.Lv1 s 1- 874 i SPELLt1AN IcY~J11RD E. 11424 cHATEAii aVi:. '~ i 7;3.101 ii0.tei i54.3~ii 31-1064 i iiEiyittn i iiOntRT 1 i5si CLAIRE ST. i $c..:;r3 i 171.:01 c5~. i=d i J1-10~e f h`Ci(Irl{•li~f 1 I.t1L I l~si ifArcRHri uK. i ~fJ. 9~ f 'i`l. t0I 19J. tb l 31-1274 I CALLi50N i JAi'~t5 is iiARNARH I tbb2 12TH 5 i . W I t'1.9i7 i i lG. bb I 181. c~ 31-2233 i TUBBS ItiARK 11318 DARRAN DR. 1 b?.201 87.201 16.=41 31-2258 1 SHITCHGcR 1KII~BERL'' 11404 DARRAN iiR. 1 X2.601 b3.201 iE5.83; 31-3002 1 CNRISTEt~SEN 1DAVE 12240 15TH ST. ~fW I 51.801 120.481 i7fi.c4i Jl-Jfl1t3 1 vl.h1.1SItR iCURltittl t. ICeln i~Tn 51. NW i lt.JUi 'i5.y~1 17C.ibl Jl-JGtn 1 tfAST'1F1I'I IliAV1V f9n8 CHATtAiILk. W i (tl.'t6i ie7.fai CGG.1171 31-3260 I oiiTT iSTEPriEi~ i~. 11323 iIT'ti AVE.r~ii i 75.501 110.001 i~y.56i 31-sstt i wESTC;ir iinut 1987 DELNAR DR. i 37.001 65.001 102.x,41 31-J'406 1 JLIN IMARY '~. I1111 FAIRId00D CT. I 57.581 104.00E 101.x01 3i-3414 1 STINGER IDAUiD J. 11853 FAIR800D CT. 40.601 71 c01 iii 8G1 3I-34e6 i i:OuCii 1JLLIA 11812 FAIRWOOD L'T. I 50.60f . 85.c01 . i3;;.8fl si-341;: I FILLti9 i T i i ii4J4 i• AIICYIUUD i~T. i 50. l6 i i 12.60 i i 66. 6 i 3i-3430 , GiLLiES iKhatti pent 11TH AuE. ,vw i ,s4.u0i 55.661 n~.Tini 31-J'! /9 I i1l.Dl1f~HL11 I `Jill:ilN l e!!n2 10TH 1•`L. (tiN I JJ. J61 /4. i7b 1 117'7. ;ii7 i 31-3504 I PADDOCK ILII,DA 11043 11TH AVE. iy;v i 6ts.oii 7s.tni i33.;~ni 31-3514 1 DSTLUND IGEGRGE 11780 11TH AVE. N1J i 40.501 88.fl41 128.=41 3i-.1534 1 WAfiDLE 1JOHIr 1325 POST AVE. I 78.01 103.001 :i7.uc1 32- cc"30 i i9CFADDEI'i 1 LECHARD 1164 CHERRY G7. ;d 1 6y. 501 143.06 i ~:" :;4 i f...i. i i ..i i ' 1' i i.:. , ':.~. 1J .f. 1"i ixl 1J C:. ~ J. fN l~ lJ L:. f'i U Y f_ J.:.i i -.. uJU::'~li?L21 ~: ~3~~i~! i t~ l.1 l.1 I'. C4 i'i t:. i 1::. ~ ti U 1': ii i::. i ': iilfllfiiu&i i;Olld:' Fiiuuliiiti: iii. EG i-1C; 40 rnLL. - BGCK i -1r~.r :,,:~ ,,r ~... i_______ rHal lot ;,IIG~IvT5 --------- iLIL'h ;,~ i_______________._____ 1"iL~~li.'_a, :7."iIa _________.-_________i_____ ._Gtli'la Jli(tGi li 1111GJA -'-'-i :,l•i{~'.CI~I i Hi.(LCHf\J i IUI .H.. SC' 'f,i6 i CKJwl:iiiu ;ill\ii L. , il:' 17111 : i . i:W lu i. ,: i a3a.. Ld . ~. ~. _ _ JL~ JRG i dHVLli9 i„14i7Hr;U ~. iGuJ LHWi9LHLL llM. i 9/. ,;rat 7H. oiJ; ;»;, .:_. JC- vGG ~;l~T\;, i1SHKtI;iKH ,.. llii: i,.itJ.,iu;i v~i~;. ~i.c7E;: lt~.:.:i c .~,= 3c' ~~G r'Hirli:iLn , LiitiSiN L. i i (1' i,i{iSThG{tiT Dit. i ! J. t~t31 154. i~~ I CC J.: _ . ~E- i'oG Hrrr . 11•.~.;`.~Ti; SS r+' H'..ltl~ i ~~ '4 Tl,,•,":~IL~Jf\ :: il. Ili i41L_Jwi , i]]. CSI iCrJl..~l - _ _ i._ ,]- `~1~ ~ Pi~~3 yr . iJa11L~' ic2u6 l~ai:Fa~i~ il1i. ;'I j ~r.r~'3i 1~I~.vCi _ __~. .. tiL- i7~L 1 I•L1.r'1Lil 1 IY/1 iLi r:l:{1 JIL• , JiJ•G~ili t"I .~•LUI L_(. _-. .;C- GyG ; Ll i1HUt1~ '1L_ ~. i:i:il it iHfi( llK. 9t. 7ir'i dC.17Ui i~.iL! _C'i'i3G 1 i7U.1%i7 YiYHL:~.. IGC C WUUI!!?Uiii .; 1. :~ I .i~i.:l:~ iC.~Gi 1uC..~. JJ- Jll ~ LL-LHR' 11iL• ~ ` ' i C:U rH~1~V1tW HVt• L i 7C• 7 V { 1 ~J• UO i LUi-, , ,;;- 108 . aYE~~caw tEXi~iE3 I~B® -aIfivIEly avE. ~ ~~.~~~ iri.L~i _~~._., ~s- 348 rtlf;THGLGI~E;d ~ ." . lftLLL,. i193~ YE;iviAN D. ;~ ,LCjI ~8 Ci3. C~1 . • - c;_-'oiG iil~.;_L„ui\i t+ftr D i_E' ~i."8 ~no.tri0u~~ ~T. ~ =L.~t ,,;._G1 - - _ . __-•--_ Jy- uiL 1 Ti`HRi,i; kk ( ~ I RG:'SaL:/ ll i 1~tl.tiJL i lNbu r:r.li.l.u 1'\ll• S ,•'Js .r , iLr~• if L! l ru .. L_ . ~4' .iGG i t`tltltbUM i~uMHLli --- Ii:CG -- '- - -, oGllii,hU iti i '_- -- l:~.c~: -- -- _,..,,~. .+y- ;;eiki I ~fUU,111::rCi1 i niitii: 1_E;7c JHi~r[Si,titr`L. M i d.utii tC.tL; _...._. S4- :1i6 i I~'siilhltiUwo tfV~ t ]hl CL.i:. , iC1~9 GHF'F'i11Kt rL. M ~ C~=. :G ~~_..Ji :.,~.:-_: a~i- X88 . ~iaidSEFf J Ci-iniSTGPHEn ch;i_ i 5538 Ai~ETii'~ST aVE. l; ~ 48. G01 63 cc3 i = ~ c' ' ~4- ~=Gei ~ 7~4i~~L ._ ~iJ ~ri''r'rii~C rL. ., ~ 41, ~~. a i ~. z` - . _ CC•. _. yy_ •~1L 1 iiaU i ~ ..r. ~ r,r,~.A*.~- i f,r..', _ \4 LLV1 Ar1~1.C ~ CC7{~ a 1'^ a~i h HtiC. `t r8.ti~i 11 i.0~i 1 .~.._. i.. r - ; :,~-i. i a i i;i;vi5 viFiiiG .~ ,i ~ Vic: ~ c i yas i:,7nT=Hii uit. ~ ; Si. a~ i oi. i6 ~ 7::. _ ~' _ .:i-l l ~yt ; i1H`Jd irii`Il iH ICOi~ dC1li.liV iNl. :.. i lrlG. t9i i't ~j. u~ ~~r~. a=•. gg ~4"lv~`t I SUr ~H i i i J l L!-~{1G^I , Cj 7C 1fJTl'I ~71 . t'IG 1 3G. l:i; 15a. •~G i C •'.... . _~;-16~c" I wDfiT;;r„l ~r M iiil~a. Rey 11ZGJ C'4! LLfY I•PGLRI7t 1'1, 1 ?4. CL1 7f. ~}CnJI - - _i~_. _.. .i •t'iG~.Y I [ ~triGVi\CfL ~• .~ilr ;l:fll.;t 1'^;• ,i?Jil r:, _ ~.~AYBGuh:PiE gin. _ -.. i lei.lm: _. lu.~~i __ -_ =~_._,.. ~ uu Jul-1~U~ IIAi~yy } i:1HtrUi V• iCl.iC LH1'LI~ t~L• Il , lfi,'1~, iJi•J~i lf+J• i~_ l J4-i7tiC I ttUfibHYLtK i 1'Lti 1 h U. i iG`vi LHiiISr'L. f1 •45. `'.i7 i u4. i7~7 i ..... , . , 39-;7:ic i 7Ulliitr; IIItLLi ::Lf4t iiSil:f ~iLL'JWZiKLUh ifK. t i ui.ifii i17.a~~i i,;L,t~~; a4-cr3~t4 I 1'iILL[h ;iaiLLihi`I L, iib~:1 ItHIIC. HVt. GC.;;f3i lfil.uE7i C4.=: 34-c12E i 5CHh1I~T i iL;=t~ i 13cr3 cflriE AGc. i t"iFi ~.G f 4; ~r i .= _ 34-c1=i4 i 3C~iRat~ . ~lii~'iAo a 11841 JE.~IGNG rtu. . ' ,, - '°~ utli . ~ ~pp 7 i . _ . - =J ~ 34-_148 ,_„ ~8!~+n i~;urc~:; r~. .. iliol .,,, ,;Efii~ru GY. ,. _ . E i ?t.c,ai 1 L,r_G 3ti.;rGi ___, i ._ - i~;.c• S~-~/ t"J 1 I 1 rt. uLLrA JUrll'95Uh f~IUlILN , 111 J ~ 1.rL Ntlhlt 4ilLt.~ Li'i• L . CJ• LL.'l i ,7+7• L~ i v+:r• CitJ i J9-=1'vL I uL;.;it't ~unn~uM niliit~ i i irG:, ;;iiuuHrc Lict;_rL ;,,i. c I Cc. ~z, aG. oa+ i~. ~,~j i Yt'J' JtS i btflb4f iiltii;KfL l~j.jti :iUi`il'Ittir'LHLt Li. C 1 CC.;ii~fi JG.iLI -'_i-ed! 4C' .JO 1 ~I -1 T. r !_:~tiTIJL 4i711ia,tAN i.E~I1Cti ~~ i«~~ ~ 1' `' ~• r• ~ a~><yIE~ ~~~. L _n~T _~t_.~~ aa~.-;i _,_~.~~~ 4c-iu39 i~ili",'AGc 'lEA~GGS ;~GiiEGidNE:S i ~ ,' ' ~~ni "' y,^ ^^~ lynLEii-,1111 7Enur~S ^_ ~y I L.!• tii1 i -r 4'r. c~ _ - . ~. ~'0 4C-17~7 Zi iJiil ia.,:r 1Cil:i 1iL~L•USrRiJ]% i L. 15 GO..~i iG9, ;dJ, ___.`t :i yC-CUfi4 , ~itLH is-1L~: Jl;; iiw.;'d (;LHuliglCiJ.:~ i-L. .. i i9.Jdi iill.'1d; Ciij.:.u, »c-Cli,7 i ;';1L_Lri ;dil. ',. 'Jrl`fiil i[Cbt i61MUHit r'L. V v ,1.151 iG.ai ~:t.~.c, 4C-__•ii:i i Iii:l`1,Y'_iil ;i'i:Lf:HtSll ii. C°,S L%Hit::V ii Y. t vG.;;F31 i3 J.G!!i i~i.i.:d. ..~~ _ 4r-~JJa i ir~riE I ~i. ~~ ,• + ~c_4 , LGGIiI-ta~;:;w ~ r - -- I JG•~Gi - _ ik~i l~J._ - --. 1uG•+.i: ~) ~ P" --.nL' ;:.~1 ! HGL~t51Lir ;:VEo 1'1 i :~1. Jill 167~~. : l .. .. ~i:'$ I i Crib, - ,-. _~a.:; •\, .._:ii9 1_~_ ,- - SiLHi/J44CP:fr~' _,. ,. , ~~.~~~ _ -:. ,+_.i._i ~ __ ~.~_ 'S tl' `•U~ ~ J:•LI {'S 41~H1t.r 1 11\LV lil .{ I l,':h ~ iU~l 1 JLL{iLlli M 1 , .. 1 L'~. ~~Gt 1 1L, v~i , u. :.'Li. - i U .. i.. L J. Cy l+t i.J ~::. i K 1, i 1_ .L ::; i .... -•' Lti i.1 U Y~ %t I' 1 L 1 .. i::. l ti U t': !J L' ~'': :,21:.ii~LleliCy ilfue = G~iLdfS / lyllllfi:lidi 1JOlld'i riti01~:7C: 1t7.i:iG Hoax-Meie r ~: -ib to rr~~ ~jICIJ/ JJ f'YUt: rOCK 1 i - - r'A5T DGE RnDIP;TS --•-------: yr .-r. ,~ , i1L tll n` I ..~--.... ..~ ~,,,..^ ----------------~--- nt-•iiif5l nri-It ~ -.-... n^ -~ ~ h'~~i•.,L ~;r, :i -. ter:^.,.-. nsiLnt~J 1 Ir: r~~..+ UnntP;I i ' r..tintHi,a , rr.r 1I di-ii. 1 '- 4'i- 7i51: I --- nHbLt1' ....-- lrncunii; -' __ ___ ._ i17oi LHMHKi~ JI.G i /b.i)~i Ja.t111 ~ci;.~~f ;:U- C 1 ~LLiJ11 IiL+PI tl iltllfMJlei I1G h'1f5t HVt. t :ii.::7; 1JS.~Oi iJ;;.=~:i, ~i- lr i acii i ~i t r'Ai;i N. ii P`_i STATE AVE. E ~ 1 ~6.3ES i ye. _'~ i i6. r~=~; - ~4 r•1 r~=kKET ~ I n^r:rn- I i.u1•Gn I - 1' 1 ~ r i ~?~ STA ~ E :AVE. c ~ - - --; ~ ~ ~U L,,. ~~ ~ G; . S'"v ~ ,,. ;' .~i- ::G] i r3lildLLL iJfil'a~ CJ4 blhlt HVt. L s ; LvJ i ----- ~i.;~Jl 1tG.1:ui iV~.i`Ooi Jd- CbG i IIGI~t{1 {JLUt i ~ii'_ 51HIt SI. t i 9i..idl ~~.teJi 1~G.~tii ,`~~-,s54 CAFS.E1r`SEIr iDci~NlS i4i6 CP.RLTaN AVE. E ~ 4'i,;~f '~4.i:,5( lri~.~~. rr n. 1 .~- 7c:, 1 t v t Tom. C. r. ~ I~VESTIiE,d I ~ t r~l.l,/!r^.t• r, - 1 d6k wA~r11l,U, iii rlb=. ~ i _E. ~ 1 44. of I -.• 6t. ~_I vti- IL V ; Lr.r•1• 'SIIYEyl11~iL1,T~~ f 1,~/G WASrI1f,u1 V17 :'IY `.. - 1 J{J•LiJI IL•.1 ~': 11 ~. r' ~l ' A Jry%-a~LL . ItGli lii~llGvlCtN'v I:1~1 U1lii'Ci~ HYt• G . JJ. G01 J1.I.(SI •tJ /. f'41 J6i-~.iC 1 LhfYi] ;L'1HItit i11iJ i:,rl ~Ji. t 7C.i:ul ~~.t7~i ii-.~~l Jli-. wCf I i li`t. ills s uH(1 i . i i;:nc iS t v i. t i s 1 4i..i01 iti1~. Gt} i i .91. ~~ i _. i 1 . . ='1 ir7. ~ Jtt'iJ1U i nom. iaUt,nE5 +,{ l;7S ':3S I1"IA1~Y1:~ 1. 1lt WA.7lT S.i.+nf e' - 1.1V f 115JiL19 hVC. ~ 1 .-~, . . JL.JLi{ _.~. /`v.CUi a::.GGi JiJ-CJIii i vUliailLLt:\ .+.h..LLCtit S rt1'.,CHn1J I1tYI :;Rlii.Y,CG ,:~. ~ ~,l„Ci '.i. ~o~ iv _.I ~, :iv-C4iu i tiHNaa4 i i~uii i l 1.Gi P'tfiltil f t1 itiVt. fV i S3. d!9 t lCF. uS I 1{~~.:~ii; ~MJ-G4i4 i fiHii i ~7 f Utv l 1 144`7 LiCiiGi'~tK ;, i . ~ .+~. vu` f :;~. viJ l ~ /. ~K"i i J17-31i4 1 I'ItiSiKtLL l~IGVt 1j'JJ KHLG.ii1 f'L. t9 i 9d.'JF'31 119.JGi 16r.l~t Jri-.~l IJ ~I i LLIi1l:lCL~i ILr:IG.I:L 17177 RALSTI~1 GL. I'1 1 _~.IJGI 1LG. tK11 117. 3011 :,~-4004 ~ FIRS; En Ti;DY I iQ4E7 FINE AVE. E y:. of i ~.;~G ~ 1';?,. ~`t~ i :;c-44r3 ;:,,",~ci~FiN Ii~f~~;riCt ,.. `y6C ~IhE FiVc, c i c~.u~i 'f.~.i-~~ ~.~ii ~~-443C i :aLK iJUi-IAIYI u i:cLtii ]JCv h`liYt HVt. t Li.Uiri ll.t7di iu..i=di w-9JYib i JHlaJii~liN iritl i i [. t4sb NIMt HVt. t i Jf.>rJi /'7.k~kii iiv.;'Li J~-hJJC I Jl.iitMSUf9 i~,tVtfti d LrIttUL iC38 r'SWt HVt. t . 93. or]f i]7. G'lil iJS. 4:1i JCI-9J1F7 I t".LGVENGEk ...___ iTCll`117~ f~Lfi N1fiG Hllt. t I ~ 1 Gl..:~i .i. v~l uk3.'::+i ~i- a~ I AG;X FAIUL: _il'ii~ED` 1 i.il BnsADWA, AVE. f i ~1 Y_ 'u~' 1~iJ.l:ii lr~..:ul J - SCtJ I iRLi PlI1Gl{ 111tE 1 i614 1J{ Jf. t i Ju. iiui 17:i.:t~l Gdi. iF1I ';ii' ~tiC i I;ItiGbUiC: ;,irriuHi ItiGFS nitUHUWH~i HVt. t ,.L.JEII 1v.v[i; iL';.~i~i ;}!- S,3t! f IiUUlU CLtL I KUf91L~ 1 1 C4>= r1tUHUWHY HVt. C 1 CG. Uid i i/. :;J i A~:'f. ^fv i _i- Sl;3 tlH~in~l'b tfNk 6 iih1LL i itf34 SI al. t i i3i. ut3i G4~i. ~~ili 3~i.:. G ::- 4{fC i ;'iiai\tFl~ ti11~l71iKll i,ii9 IDAHO a~E. ~ ~ 'i~.C~~ 69.OC'i ii_.'i~; I 5- '39 ~ ~ w Gw:LL1Ai, r v ~I;E~~t A. • r. i3~rc 1„ANt~ AVE. E ; n~ 4Lb~1 r r. ~ J9.~er1 -~ -~ -~ I lc_'._~: S1- 966 i nClHiil+ALrf iCH E n YL {31{ i•SnE n4c. c .iu. ct~i ~~.-vl 1C_~, ti:~, Ji-.i4ab 1 viK!-i::,;tn T ~ r .nU~tF(V ii ILa3 r\SIYU vi. C I .~. Ci~; rJ. u~'J`i ii .. __I L.-.iu G$ i?LH:,L i UHL_ . 3.i1 1J i G I . L ~ b4. ac l 1~i7. t7 c'• I 1.~.. ~~ i ~:1-:i)~Y7 i Lt111f9Lt IJtrYYiti L. i,3'is= ,311! vl. G L9.Jiii GG.uCi ti7G.7~; ai-[~'9J0 i b i cVMtPirtthl7 ~rCL r ii i1Uf 1G5 i i 4bt tf9~l ~ f . t ... cr i : u. _ CI; yl-.ii^A r1«}^ I;;ANNY U ;i16 ADA :;T. E ~Y.3ii vu.t;~i ;4.;.,. ~:-Ez;ei ~CIZ~rEn ~Iii~=r' _ :4sE cyD S c ~ . -. _~ i _-_. ~;e i ~.~. _ _ , Ja-4C.; i~ 1 7 LriTLli I i'liG I .`'1~ +'•UWLK 51 • t ~ .u.:i i71 ~ i . :J I _. ~. . r !1 G L. J. y lit l.+ C:. fN L; i L. 1 ~ i `- ,j•c I, f L,1 f ~ Ci 1' i f•: I i::. I'ti i.a tti 11 i:_ 1 ': ll8i:iiy'i121:Cf i16i@ = v};' .;d]S l i§iiillOU~ iiD1dP H~DUIit: irl.}iFi tiDD}:-i':2tBTn: 1-i19 t0 05105,` ~~ RDOK I =iitic: - ;;Eai ~Et, ~ iihi ~c ---------------- --- I --- aEfiJ.+,c _ i ~cc, n;;-Dht_:, - i•=A T ---- i +.L~kENT i ;aUE A~OU~ AkkEAiiS i T S TOT s~L -- , :il-9JCtl i 1lUUl'Lt'L' vt~iVlLt I.tfilth ------------------------------ _ I;t'r]C tl jf t ---------- ------ -_---- ---------- -- _ b'7- :It4 i .LUtiJll ~ r H l Q ntl'~hi . I liziisCr'tNLUL'i~ :1 c 1bFi.}ir;l ' 3t:C.I•iv{ ~bt,~u b'7- GtJtt ~ i'iUf;t i , . s i4.1C I 7C.ti i 13b, .,[, ; n7- i75 viES T i~00D i10PIES i ~7, tYtf1 S i,U1tiHL i i 1Gbr SliiilV Hdt. J ' t tib. 7171 lt`7. tlra i _OG. i t ; 03-1388 i JE}iiiiitiS _ ` I h v A E ~~ iiLACRSFiITN F'L. 5 I !1]66}( i 23, 001 ~i3. d 0 ; 71. E.~ Lc U `1' J h :7 1 C.yCiU J l Il y~l • Jt I ilt. L`G 1 { ~ y 273. kd I _ tiUJ, U G-1bGC 1 ~H4i7i1}Sii .. i,11i.i:Y}C~ :.. lithrb ylFi W'i. 'tt i ~ Bb.~0i ilu.4t]i ::~L ._u. 7r- .+~ 1 tvt1L iii'iiVii1 ICYIl! L'U4'tl :'L. J ~ i bl. ;!}91 1917. t1H1 . a:~i. Jtii IC" td3 74- i i LtW13 ) i H1LL1'r' `• ilytlG hiF'iiUt HVt. 5 t i b4.r7i7i IJr1.t7U1 1'j5,'C.~: S i il C:~LEY Ii;L;kED ~~ EAhi 143 7TN AUE. SW ~ 45.201 48 ',01 4 ;~~ 74- 00 ' i ALUES I';F;LckIE ,i. ; 34.i 7Tii nUE. SEd 8'3.401 . 16`3 ;?01 . ..`-.. - : 74- ~ JJ`r ~ Siiusy~ a 1 (Ck' •- Ii;i~iA~~ ~ - ~' ~TACY 07$ HAt;OVEri i;T, ~~ ,~~ ~ -J Jeri . 57 ~~;1 _ .~ -- - ~ ' _ ' t+~ +'~- 422 r,q t,i.Ul1SLALt __ .. H _. - - - - . . i r , , ..ilC i /cii ; D33 %•iii(11tT 1 S i . _ cb. rjd i - ;,4. rv i i: ~' t9` bfG i iiAt ' iLtJLlc ibJ9 LiHhKtri Ji. _ __ i JL.3ui -. 9'7. :7J1 . :- _: uC uui r 4-, i8i4 l t1UL~UWH 1 ~ ~hcHLa1 i G9 ;<U3t ~L, ci. Utz i 1dC' bd i , ;~ 74-18J'C i 1'iIGnHELSDN i i+KHL'L~~ v. 19b itiUbt ~.L. i 9b i}71 . b y ~ ~. , • 74-1042 I F'AkKER 1k~SSELL 134 i;DSE GL . J. cu i t ;,;. ,c 74-1;84 i iyEALE I ED;<Akt 3 "A;~Ok . 1102 1ST ST Iv 53.301 119.601 7~.~++ 74-13,2 i i:.EN'+Ek5 IALAi~ Lu ~ iiiANE . i3C5 EriIDiA`~" ST i 52, ~3 i 113. u±; i IGG, ':r i . ~ i 49,;:01 135.601 ~= ::;J.a~t r S-CSJi~ ~ i•AZZAkD I i i7Uf1HJ ,:: I lYlJl l;1(tSl iAUUtI JJIti. i 9N. 9171 $:1 GG i iCG Cr i l4-W6G i tLlPubi ~~i.iili li'^ul4 t,lttSlicUiiU LL. I 34.4s:il . Ilb.vell . ; 7i [t; 19-C9C'} i UgBfiltn 1}iiiii1Uf91 144 Y,h1G{iiYt 11G :i0 r.li9ttA SI. W l vii.1N1 115.4~r . 1] ; di 74-c520 i TGLAhiD i~~Vi;: T 11395 itI19kA ;iT. ~J ; 7 ~~' 2,JC'I ,« 1JJ,r391 , , gin: 2C/ U 74-2514 LOUELL I T HO1;AS i 1x53 Kii9kA ST. 0 :,6. a0 i 114 401 .~ 1 1' 1 % ~; i i'4-tG`34 i m r~ tiEhuERJOtti i~AYrf '~ ~ E 3 ~NikL~Y ''^ "_"'' r i1~;8 ~hE~1k~OD „n, ~ ~ 41.301 , 7'x.60; c . ~ '_; li~ 7y-2dtc nHrih ~ i;E;ti;t ~:; i i4c1 GicE5Tw0Uu JJi\, vi i 77.:0 i 179. c0 i . 25, ad f4-ctlif7 I I'i(iLttil ILKHiU 0 INi'1f1'1 14'}1 Sl•'UGP11i1LL H4E. ;7 i J,;;UI t34.k1b1 . i~„i :;rji 79-CC3d i G~tt~E+hUUAIi I J}{~itJ u. i ~l~ Gr•UDMil1Li filit. b i i:b. bH l Jtl. tC I . tl4 uF7 i 74-,1010 I BkDTla`1AN i i;Er;k ~' E53 CAivvA~nHG;; ig'( ;i i ~ 3 , 74-3096 I KDPET iDRUID . 11075 EGkET Dk id }~;. G {y5. i7b i _.7i]. ,.;o I ''+4-,1216 i ~JILLACY i'3TcUE;I 3 kITA . i•32c GREENHEAD ST ;d 23,Ei0i 46.001 69.~~0i 74-x233 I kULE I DE RA . 39.3rji r'4.fi3U! li>~. _~~ 111:,4 GnEE~iriEAD ;;?. ;r ci3.60 i 67. crt i ;5.60 i (4-JC'ft3 i UHKtiLK i KIL;IiHtty ii 7itLLt i 97v r'tLil;}ii4 W i . ~ i 37. ~lh i 7 /. biz i ..JG. C t I r 9-3f7d 1 b~Il i H i dttSK l b WiiMH i Dsb lli[iVA~bHI.~, W 1. G i J3..:17 i 1J. Hi71 1bG. G!i i !4-,:ci`v i )S1Gfilit`tL ~ ihUlti S 1.F11C tf~ i4uy l.IiMVHSnHi,f~ Wi. J I 91.Y1i71 `71.x;01 l.ia=.tsii 4-3sce I i uuitiii i nitNliy ~ . 11516 GFtEE;~HEAD Dk. ~; i 30.9$ I 177.80; 2E8. ; 0 i TDTALS ---------------- ----------------- ---------- ----------- i 'S15ci5.301 aJ 2343.73i $47`55.i:~.il TOTAL NUMBER OF TURN-OFFS: 257 TOTAL AMOUNT DUE; $26,012.48 • • ORIGINAL BEFORE T8E MERIDIAN CITY COUNCIL AVEST PLAZA CONDITIONAL USE PERMIT LOT 2 - BLOCK 1 LOCUST GROVE/FAIRVIEW MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 15, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing through the project's representative, Larry Durkin, the Meridian City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 1 ~ • 2. That the property is located within the City of Meridian;. the property is described in the application which description is incorporated herein. 3. That the property is zoned C-G, General Retail & Service Commercial, which requires a conditional use permit for two (2) drive throughs as the Applicant requested in his application and as the architects renderings show; that the drawings show one (1) drive-up window on the east side of the building and one (1) drive- up window on the northwest corner. 4. Larry Durkin testified that there is actually going to be one drive through, placed at the northwest corner of the building, but that they may ask for another drive through on the east side of the building at a later date, all in accordance with city ordinances; that in the original application it showed one at each end and one drive through; that the drive through faces a public street; that there is no speaker involved here; that you drive up to the window, order, pay, receive the product and drive away. 5. That at this time there are no planned outside speakers, but in the future they may request them in accordance with the ordinance in place for outside speakers and volume control; that with response to testimony given during the hearing before the Planning and Zoning, this conditional use will not add to traffic congestion, exhaust fumes nor will it impact safety in the area;, that the lighting is well within the City and ACHD design criteria; with regard to the concerns of Elizabeth Gwin, that this project is going to heavily impact the homes and families in the area; the FINDINGS OF FACT AND CONCLUSIONS OF LAW P,VEST PLAZA - LOT 2 BLOCK 1 Page 2 • • closest resident is 130 feet, the property line is 130 feet from the drive through window; that any noise or lighting from that drive through window will have to cross 2 berms that we are installing in accordance with the City and ACHD's desires; that this development from the very beginning was, and is, designed to be low impact; that the tenants we have for this building will serve the neighbors in this area rather than a regional area; this is a regional draw, people will not drive from Nampa to have a cup of coffee at this establishment. 5. That the Application is for a 6,000 square feet multi- tenant retail pad; that this is a part of a 200,000 square foot shopping center; that immediately north there will be several hundred mini-storage units; that the design of the building is compatible with the surrounding areas; that the. project developers have met every single concern on the design; that they disagree with the suggestion made in the Findings of the Planning and Zoning that this use would, or could be hazardous or disturbing to existing or future neighboring uses, or that the use would, or could, involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. 6. That the testimony given at the hearing before the Planning and Zoning, July 11, 1995, Tom Bauens stated that the normal business hours of operation are proposed with the coffee and yogurt type shops open as late as 11:00 p.m. during the week and FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 3 • • midnight on weekends; that small outside speakers for the drive in facilities will be necessary and that these will meet the 55 decibel City ordinance; that with the berming requirement from the development agreement on the project of the 20 foot berm on Locust Grove and 4 feet high including heavy shrubbery as part of the landscaping, noise from the speakers will be diminished; that the drive through on Locust Grove is located in the northwest corner of the building with an outdoor patio on the west side of the building and berming would also be on Locust Grove down the road; that one drive through lane will run along the north side back of the building to funnel into the northeast corner drive through and would exit to the north out on the loop road. 7. That the property is currently zoned C-G, General Retail and Service Commercial. 8. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 4 9. That the Applicant is not the owner of record of the property; that the owner of record is Avest Limited Partnership; that the owner has submitted a consent to this application. 10. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments, stating that the off-street parking requirements, drainage plan, outside lighting, paving and striping, and signage shall meet all Meridian City Ordinances; that sewer and water are available but the use may require additional charges or fees; that all construction shall conform to the requirement of the Americans with Disabilities Act. 11. That the Planning and Zoning Director, Shari Stiles, submitted comments; that specifically the plan appears to meet minimum requirements for parking spaces unless patio area is to be used for outdoor seating; that the locust Grove berm only scales to 18"; that a 20' minimum is required beyond 45' right-of-way from centerline of Locust Grove Road; that unless westerly parking spaces are designated as compact spaces, required 25' driveway width will not be met; that ACRD has requested this internal driveway be located to a minimum of 150' east of Locust Grove or that a raised median be installed to prevent left-hand turns into this driveway; that per City Ordinance a required minimum of one 3" caliper tree per 1,500 square feet of paved area is required; that berming and detailed landscape design will be reviewed as part of the building permit application and that special consideration needs to be given to preventing headlight and other lighting glare from impacting adjacent residential properties; that design and FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 5 placement of all signs needs to be shown; that the communication system must not exceed 55 decibels at any adjoining property line; that two (2)handicap accessible parking spaces are required per Americans Disability Act. 12. That the Ada County Highway District submitted comments stating site specific requirements which are that Locust Grove Road is prohibited except as approved in the preliminary plat approval of Avest Subdivision; access to the pad from the internal driveways shall be located a minimum of 150-feet east of Locust Grove Road for a full access, or a raised medium shall be installed in the internal driveway to restrict left turns, or the driveway shall be restricted to right-out only located a minimum of 40-feet east of the back of curb on Locust Grove; that the dedication of 45-feet of right-of-way from centerline of Locust Grove Road abutting the parcel; that the Applicant shall construct curb, gutter, 7-foot sidewalk (5-foot wide if detached from the curb) and match paving on Locust Grove Road abutting parcel and connecting with existing improvements to the north; that improvements shall be constructed to a 62-foot back-to-back street section and that these shall be coordinated with Traffic Services; that pavement tapers for acceleration and deceleration at approved access points in accordance with District standards. 13. The Meridian City Police Department, Central District Health Department, Nampa & Meridian Irrigation District submitted comments which are incorporated as if set forth in full. 14. There was no other public testimony given. FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 6 ~ ~ 15. That the testimony given at the July 11, 1995 Planning and Zoning public hearing is as follows: a. That Mary Cahoun testified that she as well as her neighbors really feel impacted; that she has a problem with the double drive through; that congestion, traffic, exhaust fumes, safety, and lights are very much a concern, and would appreciate the opportunity to meet with the developer to discuss the residents concerns. b. That Elizabeth Gwin submitted testimony stating her concerns about the almost all night food service, loud speakers and noise impact this will have on families and homes. 16. That the comments of the residents in Doris Subdivision that were submitted during the public hearings on the annexation and zoning of the entire parcel of property and for the conditional use permit .for the bank at the corner of Locust Grove Road and Fairview Avenue are noted and incorporated herein as if set forth in full; that in those hearings and as presented by AVest Limited Partnership it was presented that the development along Locust Grove would be low impact. 17. That proper notice has been given as required by law and all procedures before the Meridian 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 to owners of property within 300 feet of the external boundaries of the, Applicant's property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 7 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That this conditional use application presents the possibility of businesses which would now have one drive-in window, might have two drive through windows, that would, or could, operate as represented which was as follows: "Normal business hours of operation are proposed with the coffee and yogurt type shops open as late as 11:00 p.m. during the week and midnight on weekends; that small outside speakers for the drive in facilities will be necessary and that these will meet the 55 decibel City ordinance; that with the berming requirement from the development agreement on the project of the 20 foot berm on Locust Grove and 4 feet high including heavy shrubbery as part of the landscaping, noise from the speakers will be diminished."; that this is concluded to be "low impact". 5. That it is concluded that when annexed and zoned, this property was to be developed under the conditional use and design review process and such was stated and agreed to by representatives of AVest Limited Partnership. 6. That 11-2-418 (C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 8 • ~ those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance and the Annexation Ordinance for the entire parcel require a conditional use permit and that it go through the design review process to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use should not be hazardous or disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The .use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use shall be required. i. The development and uses would not. result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the Conclusions of Law of the Meridian Planning and Zoning Commission were designed to protect, the residents of Doris Subdivision; that the City Council believes that they were overly protective; that the Annexation Findings and Conclusion and the Development Agreement for the entire development require many FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 9 • ~ protections for Doris Subdivision, including berms of sufficient height and landscaping; however, the Council believes that the Commission was correct in asserting sufficient protections for the subdivision was in the best interest of the City and the residents of Doris Subdivision; therefore it is further concluded, as suggested by the Planning Director, Shari Stiles, that berming and detailed landscape design be reviewed as part of the building permit application and that special consideration shall be given to preventing headlight and other lighting glare from impacting adjacent residential properties (Doris Subdivision), that the communication system shall not exceed 55 decibels at any adjoining property line, meaning the Doris Subdivision property line, and that no more than one drive through shall be allowed without approval of the City Council. Further, that all of the comments if Shari Stiles and Bruce Freckleton, whether stated above in this paragraph or not, shall bve met and complied with. 6. That all ordinances of the City of Meridian shall be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 10 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED '~ COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR RINGSFORD (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian City Council hereby decides that the Conditional Use Permit requested by the Applicant for the property described in the application is approved under the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION : •~~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AVEST PLAZA - LOT 2 BLOCK 1 Page 11 • BEFORE THE MERIDIAN CITY COUNCIL FARWEST DEVELOPERS ANNEXATION AND ZONING N 1/2 SW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN. IDASO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 15, 1995, and the City Council having again considered the Findings of Fact and Conclusions of Law on October 17, 1995, both 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 Council having heard and taken oral and written testimony and the Applicant, Marty Goldsmith, appearing and the City Council having duly considered the matter, the City Council of the City of Meridian 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 August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for LOS ALAMITOS NO. 3 - FF/CL Page l • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 22.24 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Los Alamitos No. 1 and No. 2, which was previously annexed, is an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record are Gene A. Babbitt-and Freda L. Babbitt who have consented to this Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the LOS ALAMITOS NO. 3 - ~'F'/CL page 2 • intended development of the property is for single family dwellings with a density of 2.6 dwelling units per acre; Applicant stated at the Planning and Zoning Commission hearing that he had reviewed all of the comments of Planning Director, City Engineer, and the Ada County Highway District and that there was nothing that he disagreed with or would not be complying with; that he was applying for an R-4 zone which has a 1,400 square foot minimum house size; that Los Alamitos No. 1 had a 1, 500 square foot minimum; that there would be a perimeter fence; that 1,500 square foot homes, as a minimum size would be fine with him. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City sewer; that there is a question in the mind of the City Engineer, regarding water service and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 12. That an irrigation canal, the Hunter Lateral, crosses the east end of this property with a south easterly to a northwesterly flow; that a previous developer applied for a variance from tiling this lateral which was denied. 13. That the testimony at the public hearing before, the Planning and Zoning Commission was as follows: a. Karen Gallagher, of the Ada County Highway District LOS ALAMITOS NO. 3 - FF/CL page 3 ~ ~ testified during the Planning and Zoning hearing that the District had not yet finished their review of Los Alamitos No. 3; being discussed is just a minor detail of aligning with the stub street that has been approved to Sundance to the north and the other issue is a little more complicated and involves the stub street to the east which is currently tagged as the school site. At the hearing before the City Council, Karen Gallagher testified to the concern of the District regarding the stub street lot to the east that would continue over through the school property possibly to a bridge to the Highlands; that in discussions with the District's Commissioners the determination that they have made and the preliminary plat was that street would be cul-de- saced and that. no bridge connection or no bridge would be made over the lateral at that location; that the Commissioner's did approve it as a cul-de- sac without a connection continuing on for a bridge connection to the Highlands Ranch. b. Shari Stiles, Meridian City Planning Director, testified at the Planning and Zoning hearing on June 13, 1995, concerned that there is no vehicle access between the two (2) sections of the properties and also none to the school; that the concern of access from the neighborhood to the school is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance; that there is really no point in not allowing inter-neighborhood vehicle access. c. Lydia Aguerre testified at the P & Z hearing, June 13, 1995, that she approves the R-4 annexation if the house sizes are going to be 1500 square feet; that her concern lies where the water will come from and getting an average priced home in there; that Ms. Aguerre gave additional testimony before the City Council; that she questions her water rights and some private well owners in the area and is the pressurized irrigation going to effect those whose wells are not as deep; and what. about storm water management and where will the rains run off to? d. Ted Hanson testified before the Council asking. about check valves being installed; that the water transferring back through Goldsmiths pressurized line from his .wells and whether this would LOS ALAMITOS NO. 3 - IMF/CL Page 4 • contaminate the ground water of the private wells; also that his concern that his well is only allowed to pump a certain amount of water to irrigate and you can't draw more water than permitted and will the State Water Quality Control check the valves on this well. e. John Shipley testified at the June 13, 1995 P & Z hearing with regards to pressurized irrigation and stated that this question came up in December 1993 and that Mr. Goldsmith was a bit perturbed about pressurized irrigation system and why was the. City making him do this and the conversation moved to surface water pressurized irrigation; that Mr. Shipley is concerned what the City will do about using well water for pressurized irrigation .since it was stated in the meeting that Mr. Goldsmith was to use surface water; that Mr. Shipley's other concern is with all the trash that blows out of the subdivision and collects against the fence lines and in the irrigation ditch causing delays because of clean up time. Mr. Shipley testified during the City Council's hearing, adding to his previous testimony, that the developer was told initially to use surface water for irrigation, that the well house sits in the middle of a cul-de-sac; that he is concerned with all the other subdivisions going on that they are not putting water back in the ground from surface water; that eventually this water will not get back into the ground because of the houses going in, taking up a place for water to soak and replenish the surface water. f. That at the Planning and Zoning hearing, Mr. Stoppello, owner of approximately thirteen (13) acres of land lying south of the Los Alamitos Park Subdivision and north of the Gem Park II Partnership land, submitted a letter stating that he is not opposed to the development but has a certain number of concerns, namely: 1. He would like to see this sewer access maintained for the future development of his thirteen (13) acres; 2. He would like to make sure the street alignments of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with his land prior to approval of LOS ALAMITOS NO. 3 - FF/CL Page 5 • their applications to not only insure compliance with ACHD, but provide for utility access for all development and; 3. That he is in favor of maintaining R-4 standards. g. That Jim Lee testified before the Council asking whether of not Water Resource can come out and check the well more frequently. 14. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, Ada County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 15. That the Meridian City Engineer specifically commented as follows: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems shall be removed from their domestic service per city Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; c. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. That water service to this development is contingent upon positive results from a hydraulic analysis by computer model; LOS A7.AMITO3 NO. 3 - FF/CL page 6 • e. That a determination of ground water level and subsurface soil conditions should be made. f. Applicant will be responsible to construct the sewer mains to and through this proposed development via the existing mains installed in prior phases of this development; manholes shall be provided to keep the lines on the south and west side of the centerline; g. Applicant will be responsible to construct the water mains to and through this proposed development via existing mains installed in prior phases of this development; that the well proposed. to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 16. That Shari Stiles, Planning and Zoning Administrator specifically commented stating as follows: a. That any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605; that regardless of ownership, the developer will be required to the the Hunter Lateral unless a variance application is submitted and approved by the City Council; b. That any existing domestic wells and/or septic systems within this project shall be removed from their domestic service except that the wells be used for non-domestic purposes such as landscape irrigation, per City Ordinance; c. That perimeter fencing is to be in place prior to obtaining building permits for housing; d. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.; e. That the Applicant is to enter into a development agreement as .authorized by 11-2-416.L. and 11-2- 417.D.; that the Development Agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan; f. That the Applicant indicates a minimum house size LOS ALAMITOS NO. 3 - FF/CL Page 7 i • of 1,400 square feet; that Phase 1 development agreement and restrictive covenants require a minimum house size of 1,500 square feet; g. That the Comprehensive Plan indicates that a school and park site is needed in this section; that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 17. That the Ada County Highway District submitted site specific comments that include a revised preliminary plat be submitted to include the following changes: a. Align Scaup Street with the approved stub street in Sundance Subdivision to the north; b. Cul-de-sac Cygnet Drive at its ease end since the site's east boundary abuts the future school site; c. Terminate Cygnet Drive in a cul-de-sac to avoid substandard angles at the intersection with Easy Jet Drive and; d. Shift the stub street to the south property line to the west. 18. The Meridian School District submitted comments in prior annexations in this area, that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those LOS ALAMITOS NO. 3 - F~'/GL Page 8 • areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 20. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 21. That the land is adjacent to the land annexed and being developed as Los Alamitos No. 1 & 2, which is now in the process of development. 22. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: LOS ALAMITOS NO. 3 - ~'P/CL page 9 "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 25. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups-close to employment and shopping centers should be encouraged." 26. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 27. 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 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, LOS ALAMITOS NO. 3 - FF/CL Page 10 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 does not sufficiently increase-the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. 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 residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. 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; the pedestrian easement shall be at least ten. feet (10') wide." 30. 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." 31. That Section 11-9-605 H 2. states as follows: LOS ALAMITOS NO. 3 - FF/CL Page 11 "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;" 32. 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." 33. 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 Desictn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That the Applicant has indicated that it would donate LOS ALAMITOS N0. 3 - FF/CL Page 12 land to the City of Meridian and Joint School District No. 2, the Meridian School District which land is adjacent to this subdivision and is, or will, be owned by Applicant; that Shari Stiles commented above that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission 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 pursuant to 50-222, 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 Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the 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 LOS ALAMITOS NO. 3 - FF/CL Page 13 Meridian have been complied with. 5. That the Commission 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 annexation is contiguous to the present City limits of the City of 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 titled owners and the annexation 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 City 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 Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District except as changed herein, Nampa & LOS ALAMITO3 NO. 3 - FF/CL Page 14 i • Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways, including the Hunter Lateral, shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. 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 except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning Director, Shari Stiles; that if the land has surface water rights, those rights should be used for pressurized irrigation, and that since Applicant is now using well water from one well for pressurized irrigation in prior phases of this subdivision, and for Salmon Rapids Subdivision, it shall monitor its well, its use and water level, to ascertain the impact of its use of well water for pressurized irrigation on wells located on adjacent property; that Applicant shall obtain approval from the City for all equipment, method and means to perform the well monitoring; that the monitoring shall be performed bi-weekly during the months of April, May, June, July, August, September and LOS ALAMITOS NO. 3 - FF/CL Page 15 • October; that Applicant shall approach adjacent land owners to obtain permission to monitor their wells on the same bi-weekly schedule; that two such adjacent well shall be monitored; if permission cannot be obtained Applicant shall not be required to monitor adjacent wells; that this monitoring of the wells shall go on until wells are no loner used for pressurized irrigation and shall also be addressed in the Development Agreement; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that the developer, Marty Goldsmith had stated that a school would be donated to the School District, which the City had understood to mean a school/park site and would be donated to the City; that due to its thinking that the site was only for a school, the Developer has already given the School District an option for the site;. that it was agreed by the City and the Developer that the option to the School District would stand if the Developer gave the City a second option, as a gift, on the land so that if the School District did not exercise its option the City could and then the City would receive the land; that since the Developer and the City have reached an agreement on the land, that Developer need not show evidence of transfer of the school site property prior to obtaining building permits for housing; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City LOS ALAMITOS NO. 3 - FF/CL Page 16 • services, if the requirements of this paragraph are not met. 14. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners and the school site, to be located in the area, will have to be worked out and included in the development agreement, including a bridge and road over the Ridenbaugh Canal, or the property will not be annexed or, if annexed, it will be de-annexed; that the bridge and road over the Ridenbaugh Canal will, or may have to, be done in conjunction with the owner and developer of the land now being proposed to annexed, and developed as the Highlands Ranch. 16. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. LOS ALAMITOS NO. 3 - FF/CL Page 17 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED _ VOTED VOTED t - _ / VOTED_,~~~~/ VOTED The City Council of the City of Meridian hereby decides on approval of the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including that the minimum house size shall be 1,400 square feet, that Applicant shall participate in the design and construction of a bridge and road which crosses the Ridenbaugh Canal in conjunction with the owner and developer of the land now proposed to annexed as the Highlands Ranch, that surface water be used for pressurized irrigation if possible, that Applicant shall meet the provisions of the Conclusions of Law regarding monitoring of wells, that Developer shall give the City a second option, as a gift, on the school site land so that if the School District did not exercise its option on the school site, the City could and then the City would receive the LOS ALAMITOS NO. 3 - FF/CL Page 18 ~ ~ land, that evidence of transfer of a park\school site property need not be given prior to obtaining building permits for housing but the Applicant shall provide the City with the above mention second option prior to receiving any building permits, and that the Applicant and owners be specifically required to the all ditches, canals and waterways, specifically including the Hunter Lateral, but not the Ridenbaugh Canal, as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: LOS ALAMITOS NO. 3 - FF/CL Page 19 V ~~ ~i5 ~ ` ,P 11 l~ ~~: YS AMENDED ORDINANCE NO. 632 Se /~•~ AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANI~~NG ;AND ~;7101VING.s CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF THE SW 1 / 4 OF SECTION 5 , T . 3 N . , R . 1 E . , B . M . , FAIj&~-COUNTY :I DAHO_;____ .. AND PROVIDING AN EFFECTIVE DATE . F~~w ~ ~~ ~-' WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex- to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: PARCEL ONE A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7, and 8 of said Township and Range, which is marked by a brass cap monument; thence South 89°59'16" East 1326.31 feet along the section line common to said sections 5 and 8 to the southwest corner of the SE 1/4 of the SW 1/4 of said section 5, said point being the TRUE POINT OF BEGINNING; thence North 00°26'58" East 193.29 feet along the west line of said SE 1/4 of the SW 1/4 of said Section 5 to a point; thence South 89°32'56" East 240.00 feet and parallel with the center line of Fairview Avenue to a point; thence South 00°26'58" West 19'1.45 feet and parallel with the west line of said SE 1/4 of the SW 1/4 of said Section 5 to a point on the section line common to said Sections 5 and 6; thence- North 89°59'16" West 240.01_ feet along said common line to the POINT OF BEGINNING. AMENDED- ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Page 1 /~ i • AND PARCEL TWO A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7, and 8 of said Township and Range, which i~ marked by a brass cap monument; thence South 89°59'16" East 1326.31 feet along the section line common to said sectionG 5 and 8 to the southwest: corner of the SE 1/4 of the SW 1/4 of said section 5; thence North CO°26'58" East 193.29 feet along the west 7_ine of said SE 1/4 of the SW 1/4 of said Sectior, 5 to the TRUE POINT OF BEGINNING; thence North 00°26'58" East 631.20 feet along said west line a point; thence South 59°53'42" East 858.86 feet to a point; thence South 00°23'38" West 393.84 feet to a point on the section line common to said Section 5 and 6; thence North 89°59'16" West 506.76 feet along said common line to a point; thence North 00°26'58" East 191.45 feet and parallel with the west line of said SE 1/4 of the SW 1/4 to a point; thence North 89°32'56" West 240.00 feet and parallel with the center line of Fairview Avenue to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and PARCEL ONE shall be zoned Community Business District (C-C); and PARCEL TWO shall- be zoned General Retail & Service Commercial (C-G); that the annexation and zonin~3 is subject to the conditions referenced in the Findings of Fact and Conclusions of .Lacy as adapted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS -Page 2 not paid the land shall be de-annexed. Section 2. That the property shall- be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That a portion of Fairview Avenue which is included in the development shall be aesthetically maintained with a 35-foot setback for landscaping. d. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, an assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. e . That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. f. That these conditions shall run with the land and bind the Applicant, the. titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de-annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Page 3 above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 5~~ day of ~Qp~'e~r+r ~ ~~' , 19 9 5 . APPROVED: ~• -- GRANT P. K GS 0 ,~~S~IVIiBiitli 1. ATTEST ~ ,,,,~~~~~ ~ ~~~''~r, ~~~irirr ~A ~ G7~~~ l,~r~. ~~ rr~•~ `~„G `~ WILLIAM G. BERG, JR. - ITY CLERK ~ ' ~y, `y ~^ "~ e- .~ ~~~flllilltt114ti~ AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Page 4 `\'`ttt~ttfU fttrrf!! `~~~~~`\~~ ~ ~~~,~~~'`~~ iii,' STATE OF IDAHO, ) °~'~`~', s s . = 9G~, ~cb`~ County of Ada, ) % '9p ~Y ts~ • •~ I, WILLIAM G. BERG,~'~JC,~.V~~~~y,~`~lerk of the City of Meridian, Ada County, Idaho, do hereby"'L~~~ttify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, T.3 N., R.1 E., B.M., ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Amended Ordinance No. 632, b~the City Coun~l nd N~ayor of the City of Meridian, on the ~_ day of ep~.e~. ~~- 1995, as the same appears in my office. DATED this ~~ day of r~.Q,d~~~-~~P_ r , _. , 1995 . City Clerk, City Ada County, Idaho STATE OF IDAHO,) SS. County of Ada, ) a~ On this ~ day of , me, the undersigned, a Nota y Public in and for 1 \\````~`tt~NflffltthJlr'/' ~ i tl,~'fsf~T.~ j.. "~' ~~~ d ~ dian - ~~, - = ~, ~~ ~O ~T 1 S~ • ~ ~~"y %~~'~~9 ~~U19"T''~ , ~~ ~`\~~ ,~ltttltfitflttt•t~`\~ 1995, before said State, persona ly appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ~ •~+~~rrrrr,,~ ' ,~~~~~0 E L • ~q ., a rf ~ ~' _ =~ bbb A~~ ~ ~~° ~'~ :; ~~ ~®,; y Public for Idaho ing at Meridian, Idah ommission Expires O ~ AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Page 5 i ~.~i i i ~ ~ I Wi ~ i ~' A I ~ hl~ i ~ I I I I ~$ I I I i ~ I 3j ' / / ~ ~ ~ i >~ a' I I I I 1 I ~ ~ K ~`~ ~I ~ ~7~ i i I F+ Ji I I ' I I I j I ' I pj I I I I I ' I'~ I i l ~I ' I I I ~ I I I 1 I ~ I ~' I I ' I W ~i `„i M~~S~,~l.v0 S p ~4, I ' 'I i ~ ~ ~ I ' ; i i ~. ~`~ b `~ i ~ d o ~ i i N ' i9 a I ~_ ~~ yh'1b1 ~ ~ J ~ g ~N ~,o I I S GZ' IE°~ ~ 62' ~ tJ ------------~--- 31 ------------- ------------------- ----- 3„CS,~z~ovN - I a ~~ . I H Q i ~ J d~ i 0 W ~ d i 0; ~ J I d U. I I I I I I 1 I . I I I , I , \ I I ^ I I Iced V H ~ I La} I M I , I ~ - _ ;91 ~~ I~ I H ,~ I n , ,_, I V I ~ ~: I ' // J ~f ~ ('1~ i 111 i W // ' f ~ I_ i J n~ ~~~= ~ ' °~ ' ~ Q $' }' ~ ~ ~ - ° I I_ I ' ~ // I I / Sfl-,3E~ i ~ ~ -------------------- ---------------- ---------------- ---- ---------------- ---------------------. m ---------------------------------------- - --------------------- II I I I ; ~ ~ / ~, ~. ~~ ' ! ,' • _ ,, ~~'t'.- AMENDED ORDINANCE NO. 708 ,~~ ~e~, ~J i4/rI ~l~S /sc~ ~ . ., ,.. AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ~11'[EXING AND ~ ZOTsI~NG CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE N. 300 FEET OF THE E . 95 FEET OF LOT 5 OF PLEASANT VAf~.Y_,.-S.UBIIIVISIDN....N.Q... 2, SECTION 8, T.3 N., R.lE., B.M. ADA COUNTY, ~b~HO;.AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The North 300.00 feet of the East 95.00-feet of Lot 5 of Pleasant Valley Subdivision,' according to the Official Plat thereof filed in Book 12 of Plats on page 665 in the Office of the Ada County .Recorder, Boise, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 5 and 8, T.3N., R.lE., B.M., Ada County, Idaho; thence South 88°55'00" West, 774.09 feet along the section line between said Sections 5 and 8 to THE TRUE POINT OF BEGINNING; thence South 00°34'09" East, 25.00 feet along the Northerly prolongation of the Easterly line of said Lot 5 to the Northeast corner of said Lot 5; thence South 00°34'09" East, 300.01 feet along the East line of said Lot 5 to a point; thence South 88°55'00" West, 95.00 feet to a point; thence North 00°34'09" West, 300.01 feet along a line parallel with the East line of said Lot 5 go a point on the North line of said Lot 5; thence continuing North 00°34'09" West, 25.00 feet to the section line common to Sections 5 and 8; AMENDED ANNEXATION ORDINANCE - LONGSON/C-G Page 1 is • thence North 88°55'00" East, 95.00 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at her expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D prior to the issuance of any building permit or plat approval which ever comes first; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, and M of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian, which include that the property must be developed as a commercial Planned Unit Development. AMENDED ANNEXATION ORDINANCE - LONGSON/C-G Page 2 Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~` day of _ .Se,a ~~ ~. ~a~ ~- 19 9 5 . APPROVED: WILLIAM G. BERG, JR. ``~~~stt ri)~1 r~t~~,~~~ ~~ ~G~~~T ij'~ ~ ~ +~ r' ~~ ~~ ~ +~~~ ~~~~~~~~Z~'~~l-d 1 S 111A1V1~~~~ AMENDED ANNEXATION ORDINANCE - LONGSON/C-G Page 3 `\`~--~u -- -r rrrrtrrr~ i s~.~ _ STATE OF IDAHO,) y ~M s s . ~~ ~`~ County of Ada, ) "'%90 ~T ts~ • ~~.~~ I, WILLIAM G. BERG, JR. ;rn~',}~~y,,,63Zlerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE N. 300 FEET OF THE E. 95 FEET OF LOT 5 OF PLEASANT VALLEY SUBDIVISION NO. 2, SECTION 8, T.3 N., R.lE., B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. -708 , by the City Council and Mayor of the City of Meridian, on the ~ day of ~'~~o~ertiber , 1995, as the same appears in my office. DATED this ~~' day of ~Q,ot~~.6e ~- , City Clerk, City of Ada County, Idaho 4```~--~--t-t-rrrrJrrr~ 19 9 5 . ~.~`~,~~ a~ ~1 ~~''` ~ ; ~_ - e di n ~ lay - ~/~ ~~ 1ti r+rn a--~ STATE OF IDAHO,) ss. County of Ada, ) On this ~ day of ~~-~"' , 1995, before me, the undersigned, a Notary Public n and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, .and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~gge~esf66~®, Q ~~, SEAL ""~' ~:' ~ i. , r; ~9 f ~. ~ °~ '~' ~ ~ 7. ;~~~ ~ '~ _ v ~, t ti W a ,. ~ as ~ i '~ ~e .. ~y ,o ,ay' ~ ~ ,s a~' met ,.? ~~+ a•. ¢ ~~~ use^!s:.tah,ancr N a y Public f~' Idaho es'ding at Meridian, Idaho Commission Expires O dti AMENDED ANNEXATION ORDINANCE - LONGSON/C-G Page 4 ~ ~~ ~~nrr of ~4rNNlAI-r ~ ~4Co r~NEfz., h~G ~~ i 5 ~ ~ T.3nl.,R.~E. -------------------------------- ----------------------- .8--- -----`f.-. 88'5 A~"(rA.-'77d.-DPI --------- ---- ------------ -- -- - --- -- ------ ------------; ------------- -FAIRVI~IN __~~L~NUE --- - ' is s s I ~ 3~ ~, '~ $~ ~ o / °o °o ~ Oab//1~~~lVO.70g s ~ ~ ~~~N G ~l/ ' "Q" TREAS i ~- ~, ~ 'A". ~ ~8°5s'c~"W q~.oo i ~- ~~ u. ,~ ~~ `4'04 "E 25 ~ ~ ~ ' - ~ ~ i i i~J.Bt~fIVISION -'~ ,` ~'~ ~ ~. ~ ~~ ,, 1~~ 1--' I ._______________I __-_-_-- r ,,, ,. ,, ~ ~ ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL SHEKINAH INDUSTRIES, INC. D. MICHAEL PRESTON ANNEXATION AND REZONE APPLICATION SW CORNER OF FRANKLIN ROAD AND LOCUST GROVE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Shekinah Industries, Inc. appearing through D. Michael Preston, before the Planning and Zoning Commission of the City of Meridian and the Commission having duly considered the evidence and the matter, made and adopted Findings of Fact and Conclusions of Law but tabled the matter to allow the Applicant to provide the Commission additional information before making a recommendation to the City Council, and the Applicant submitting additional information at the June 22, 1995, meeting, and the City Council having held a public hearing a public hearing on the annexation and zoning on August 15, 1995, the City Council makes the following Findings of Fact and Conclusions of Law: I. FINDINGS OF FACT A. That notice of a public hearing on the Annexation FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 1 a • Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 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. B. That this property is located within the City of Meridian and the titled owners are Montee and Beverly McClure and IVADCO, Inc . ; that no consent by the owners of record has been given to the City for the rezone of the property; that consents for annexation and zoning shall be filed by the titled owners prior to proceedings before the Meridian City Council; the property is described in the application which description is incorporated herein. C. That the property is presently zoned by Ada County as R-T and is used for agricultural purposes; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific use for the property was presented. D. That the property has frontage on Franklin Road, is south of industrial zoned land, is easterly of the Meridian Cemetery, is north of undeveloped land and the State of Idaho Department of law Enforcement land and building; that there is very low density residential development to the east and south of the land. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 2 • E. That the C-G District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (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. F. That the land is 30 acres and the present use of the land to be annexed is one home and pasture land for cattle and horses. G. That D. Michael Preston testified at the Planning and Zoning Commission that as he was meeting with various people it came to his attention that a residential zone for this area was evidently not in the interest of the City of Meridian. He stated he decided that he would look at this property from a commercial basis, so the concept that he submitted was purely a concept. This was not something that he was ready to submit to the Commission; this request was purely for annexation and rezoning. He stated that he had high intensity service retail on the corner of Franklin and Locust Grove and that someday that would be appropriate there; that he also had retail along the westerly side of this office complex. Toward the rear of the property, as we get closer to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 3 i r State Training facility, he would turn that into a supply type commercial like a lumber yard or something like that, pipe supply or whatever. If the neighbors are not interested, he could re- arrange the streets very quickly and easily and leave them in peace, which he said he would definitely do if that is their desire. He stated that he was really trying hard to get along with them this time and do something that was more agreeable to them. He stated that the access road that he had there would be a very convenient rear access from the Meridian interchange to the Nahas- Hon commercial development. He thought that this was something that would be good for the City and he had every intent of developing it somewhat in that fashion with additional input. He just wanted to emphasize that the layout was concept only. He stated that he could certainly pull back and that he would do so. He stated that he had reviewed all the comments by the City staff and had no problem with any of their comments and was agreeable to all of them. He also stated that he had seen the comments from ACHD and had no problems with them. That at the June 22, 1995, meeting Mr. Preston stated many things but in summary he testified that the he had submitted a revised concept plan which gives the Commission the idea of the type of landscaping, parking, fire protection facilities, access, ingress/egress to each of the facilities; what the office complex FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 4 i • might look like, which could change because he does not have any tenants at this time; that there is a professional office complex next to the neighborhood homes, which is a quiet use; that he has added a six foot high masonry wall all the way around the project and with that he is trying to totally sound proof the area; also he will have a twenty foot landscape strip which is called for by City Ordinance; that with the 35 foot landscape strip they will not disturb any of the wet lands and they will not impact that in anyway and their landscaping will make it prettier than it is today; that they will not be digging in the creek and they will not impact Five Mile Creek in any way. He also testified that the spine road, with water and sewer facilities, is planned to be in by next spring; that in response to a question from Commissioner Hepper regarding what can be performed on the land, he testified that they had to come back for conditional uses from the Commission to anything and that the Commission has total control over control through those conditional uses. At the City Council public hearing he testified additionally that he does not have specific tenants, that he is planning intense retail on Franklin Road and Locust Grove roads but it is not going to happen quickly, that Franklin will have to be improved to a five lane road and a traffic light installed at Franklin and Locust Grove Road before the retail is implemented; that he has uses that FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 5 can be implemented now but they are in the back (south) of the development. He stated that the neighbors concern over buffering was a concern for him; that he is proposing a professional office complex, a 20 foot buffer area, and a six foot masonry wall to buffer the neighbors; that there will also be building between the neighbors and the parking areas; he also stated that the masonry wall would be between him and Mr. Brown; that his first phase would be the professional office space; that it is going to be a very nice development, with sidewalks everywhere. Regarding Five Mile Creek, he testified that it barely touched the property in the northwest corner; that when ACHD widens Franklin Road they will be concerned with the Creek and have to handle the wetlands and flood plain issues; he acknowledges that those are issues relating to his land but that since they are asking only for annexation and zoning, those issues could be addressed later. That since this would be annexed as a planned commercial development, all construction details, sewer, water, and floodplain, would come back at future public hearings and be resolved; that the plan is conceptual; that irrigation canals would be tiled; that there will be pressurized irrigation. H. That there was testimony at the hearing on April 9, 1995, objecting to the Application which was principally as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 6 • 1. That Robert Smith stated he would still like to oppose this type of rezoning. I don't think it benefits us people that live on Locust Grove or Franklin Road right now. The way that the City is growing with the commercial and light industrial proposals that seem to be coming in at a regular rate, I don't think right now would be an appropriate time with the condition that Franklin Road is unless it is rebuilt and Locust Grove Road is rebuilt. These don't look to be done at any near future dates so I think it would really be a detriment to our properties . I hope you will not change your zoning on this, thank you. 2. That Jim Witherell testified he was one of the affected parties that already submitted a letter in writing saying they opposed this thing, saying the annexation was attempted under questionable circumstances. One thing has come out that I would like to add that we did not know at the time. Mr. Preston does not own this property. He told that to us at the meeting. He said he does represent the developer, but he had a letter of intent on this at one time and that expired last May. 3. That Morgan Plant stated he would like to recommend to the Planning and Zoning Commission that this request be totally denied. This type of development is not warranted; it is not called for and it is not compatible with the residences in that area. We are, although not bordered by this property, dramatically affected. There are open areas in there which will be zoned and approved for residential areas and commercial in our back yard would certainly be detrimental. I recommend that you soundly refuse this request. It is not compatible for that area whatsoever. It will greatly depreciate our property. I. That at the City Council Public hearing there was also comment from the public which was basically as follows: 1. Ann Witherill testified due process had been violated; that she had not seen the present plat before to nights meeting; that this plat is the same as was presented before; that this is not the correct plat; that the plat was given to confuse and skew public comment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 7 • 2. Jim Witherill testified the effected parties had signed and submitted a letter that the City had; that the application is frivolous and should be denied; since there is no concept plan and that the tenants are not known this is not a legitimate application; that his previous plans have been disapproved which is good reason to deny this plan; that there is insufficient water and a shallow water table which is not being recharged and could be contaminated; that regardless of the landscaping this is still going to look like a commercial development stuck in the middle of on square mile of R1 housing; that the masonry wall will make it look like a fort; he suggested a berm all the way around six feet high with a three foot fence on top; that all commercial development should be planned, single storey; that there should be no high density retail and no restaurants; that there biggest concern was they do not think this developer has much money and if they sue him they do not want to hit empty pockets. 3. That Albert Rennison testified that egress and exit on the corner of South Locust Grove Road and Franklin has to be address and resolved; that putting more commercial across the street from the commercial that is on the north side of Franklin does not make sense; the area is not ready for commercial development; that the Corp of Engineers has jurisdiction over the entire water shed that flows into Five Mile Creek; that if the City approves of this commercial development the developer should be required to place a bond in the event the City has liability problems because of the development at the corner of South Locust Grove Road and Franklin; that he recommends that the zoning and annexation be denied. 5. Norm Brown testified that he asked Mr. Preston if he would continue the concrete fence to protect his land, then that is fine; if we lose the irrigation we would lose our well water. 6. Marshall Smith testified he was opposed to commercial on the south side of Locust Grove; that the wetlands have been there since before any of us and we should respect what was put there by nature; that he was opposed the Application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 8 • 7. Ted Hanson testified that ACRD had stated that they want to bring Locust Grove Road straight to Franklin and then to the freeway and that would not be for 8 to 12 years. 8 . Rod Cullip testified that before .anything is done at this location, Franklin Road needs to be improved. J. That a petition was submitted to the Commission signed by eight people, some of whom testified at the public hearing; that the petition is incorporated herein as if set forth in full; that the petition sets forth objections to the Application and requests that it be denied; that a summary of the objections is as follows: 1. That Applicant's petition for commercial development includes land owned by those objecting and they do not desire their land to be so developed. 2. That the Findings of Fact and Conclusions of Law for Applicant's previous application prohibit this Application for development. 3. That the Application is inconsistent with the Meridian Comprehensive Plan. 4. That since there was no use submitted as part of the Application, that the Application was frivolous. 5. That because the Application is frivolous, it is also litigious. 6. That a portion of the land to be developed is wet land area and is also regulated by the Federal Emergency Management Agency and the Bureau of Reclamation. K. That there was testimony in favor of the Application from Wayne Forrey who testified as follows: That he owned land in Meridian and he had a business relationship with another property owner who owned land that is closer to this and it is annexed into the City. That as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 9 • • property owner in Meridian along Franklin Road, Ed Bews, the owner of property very near this area, is in favor of this request and hope that you would approve it. Always there is going to be some type of conflict, real or perceived between a commercial property and a residential property. The City does have the ability to ask a developer to buffer and screen and provide transitions. That is in the Comprehensive Plan. It is in the zoning and development ordinance and it is probably something the developer or the applicant here would be willing to negotiate with the City. I can understand that other property owners out there may have some reservations about commercial zoning. I do not I think it would be good for the City to annex this property at the C-G zoning. L. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property and included in this project, shall be tiled per City Ordinance 11-9-605 M unless a variance application is submitted; that any existing domestic wells and/or septic systems will have to be removed from their domestic service but that wells may be used for non-domestic purposes; that water service is contingent upon positive results from a hydraulic analysis by the City computer model and domestic water is presently located in Franklin Road approximately 3,150 feet west of Locust Grove Road; that City policy requires extension of City utility lines to and through a development; that a 12-inch diameter water line will need to be built in Franklin Road from its point of connection to existing water east to Locust Grove Road and south along the length of this property's frontage; that sewer service would be via connection to the Five Mile Creek Sewer Trunk Line; that a new FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 10 legal description needs to be submitted pursuant to Meridian City Resolution No. 158 that includes said Rights-of-Way. M. That Planning and Zoning Director, Shari Stiles submitted comments; that this area is designated as Mixed/Planned Use Development, which requires that all uses be approved under the conditional use permit process; pathways for pedestrian/bicycle access must be incorporated throughout the development; plans will be required to be submitted in conformance with the requirements of Section 11-9-607; Applicant is to enter into a development agreement with the City; a minimum of ten percent of the site must be landscaped; a minimum setback of 35' beyond the required rights- of-way along Franklin Road shall be provided; a minimum landscape setback of 20' beyond the required rights-of-way along Locust Grove Road shall be required; that a minimum of 45 feet from the centerline of Locust Grove Road shall be required; that a minimum of 20' landscaped setback will be required adjacent to residential development; that Nampa & Meridian will have to be contacted for approval of any rerouting of irrigation and other water lines; that a portion of the site appears to be in the 100-year flood plain and that will have to be addressed by the Applicant. N. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 11 • 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. O. That the Meridian Police Department, the Meridian Fire Department, Central District Health Department and the Nampa Meridian Irrigation District all submitted comments and they are incorporated as if set forth in full. P. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. Q. 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 and in the Meridian Area of Impact. R. 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 other uses. S. That the property can be physically serviced with City water and sewer if the Applicant extends and constructs the lines and facilities. T. That it is specifically found that the Applicant only presented a concept and did not present a subdivision plat or any FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 12 other specific or concrete plan of development. U. That the following pertinent statements are made in the Meridian Comprehensive Plan: 1. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and. activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. 2. Under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page. 13 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.140 Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 14 u be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. 3. Franklin Road (East and West entrances) are listed as Minor Arterials and as Entryway Corridors. 4. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 74 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. V. That in the Rural Area section of the Comprehensive Plan, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 15 • C~ 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." W. 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. X. 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." Y. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. Z. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 16 • number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." AA. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. AB. That Section 11-2-416 E 2. c. provides that this Commission is to transmit its recommendation to the City Council within forty-five (45) days, but also states that the Commission may continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. AC. That proper notice was given as required by law and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 17 • • procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS A. 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. B. That the City of Meridian-has authority to annex land pursuant to 50-222, 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. C. That the Planning and Zoning commission 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. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 18 • • Meridian have been complied with. E. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions .existing within the City and State. F. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. H. 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 City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular 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. J. That the City adopted the Comprehensive Plan at its FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 19 • • 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 a condition of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning or Subdivision and Development Ordinances. K. The Applicant stated and represented his intention as to the type of development and stated some possible proposed uses of the property, but he did not present a plat or concrete plan as to how the property would be developed nor did he present any specific uses that would be constructed there or where on the property that they would be constructed; it could be determined if possible uses would be in compliance with the Comprehensive Plan, but without knowing exactly what the use, or uses, will be, it is risky and hazardous to make a suggestion of compliance with the Comprehensive Plan without knowing the exact use or uses that will be constructed. Additionally, the City has much more control in the annexation process than it does at any other time in the development process. Without knowing more exactly the uses, it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 20 in the best interests of the City to forego annexation until more information is known on the specifics of the development. It is further stated that the property at Fairview and Locust Grove Road was, and is being, developed on property that has the same designation in the Comprehensive Plan as this land, which is Mixed/Planned Use Development; the developer of the Fairview and Locust Grove Road property requested annexation, zoning and a conditional use, all at the same time, but without a plat, which the developer did not request approval of until January of 1995; he did, however, know that he was going to have a storage unit business and had plans for a retail shopping center; he stated at the City Council public hearing on the annexation that the proposed use was for a commercial shopping center and rental storage facility and had submitted plans as to where they would be located, even though he did not present a plat; that it is therefore stated that the City has approved annexations without a plat, but it had more definite and concrete statements as to uses. The City denied an application for annexation for JLG BUILDERS where the City determined that the plat presented did not meet the goals of the City of Meridian. Plats are a very decisive document FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 21 • • that gives the City much needed information. Applicant did state at the Planning and Zoning Commission hearing that he could certainly pull back and that he would do so; that it is concluded that it would be in best interests of the City to have this Application pulled back until and the property not annexed and zoned until more specifics on the development are known by the City and the Applicant. L. That, as concluded above, annexation and zoning of land is a legislative function and it is in the sole discretion of the City to annex or not. The majority of the City Council, also states, that the development concept was not totally adverse to them, but what was adverse was the lack of specifics as to the development. M. That it is concluded that the annexing and zoning of the property would not be in the best interests of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 22 • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL rr COMMISGIO~TER ~YEPPER VOTED ~!~ ROUNTREE ISSI0~IER SHEARER VOTED SIONER ALIDJANI VOTED CFIAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION The Meridian City Council hereby decides that based on the Findings of Fact and Conclusions of Law, above stated that the annexation Application is denied MOTION: ~~ .- / APPROVED. DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PRESTON Page 23 ~ • MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, SEPTEMBER 5, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS PUBLIC HEARING: AMENDING THE 94-95 FY BUDGET: (APPROVED) 2. ORDINANCE #710 -AMENDING THE APPROPRIATION- ORDINANCE: (APPROVED) 3. PUBLIC HEARING: BUDGET FOR 95-96 FY: (APPROVED) 4. ORDINANCE #711 -ANNUAL APPROPRIATION ORDINANCE: (APPRQVED) MERIDIAN CITY COUNCIL SPECIAL MEETING SEPTEMBER 5, 1995 The Special Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 6:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHER PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Jim Johnson, Sherrie Baker: ITEM #1: PUBLIC HEARING: AMENDING THE 94-95 FY BUDGET: Kingsford: The purpose for that is stated in law, if you received additional revenue you must amend your budget. The additional revenue that we took in was from additional impact fees from the Highway District that we take in and pass through to them. The amount of impact fees we took in for the Ada County Highway District was $550,000 extra and so we are budgeting that. It has already been sent along so we have to officially amend the budget. Anyone from the public that would like to offer any comment on that subject? There is no one then I would entertain a motion to approve of the amended 1994- 95 Fiscal Year budget. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the amended 1994-95 Fiscal Year budget, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: ORDINANCE #710 -AMENDING THE APPROPRIATION ORDINANCE: Kingsford: That is what I just addressed. AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING ORDINANCE #673 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995 APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $550,000 AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #71 Q read in its entirety? That represents the $550,000 that I just mentioned. Is there a motion on Ordinance #710? Yerrington: I move for its approval with suspension of the rules. Tolsma: Second • Meridian City Council Special Meeting September 5, 1995 Page 2 Kingsford: Moved by Max, second by Ron to approve of Ordinance #710 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #3: PUBLIC HEARING: BUDGET FOR 95-96 FY: Kingsford: At this time I will invite the public to make comment on tf~at budget. I think they were distributed on the back table if you didn't pick up one please do. Mr. Jim Johnson Johnson: I just have a question and clarification on I guess. Kingsford: Let me stand corrected, Counselor, it is a public hearing does he have to be sworn in? Walter R. Johnson, 1083 N. Justin Place, was sworn by the City Attorney. Johnson: Just a question regarding I guess budget making in general. I am trying to look at this from a laymen's viewpoint. I can probably best ask my question by using the specific. Under the general budget there in revenue sharing in revenues. Kingsford: What page? Johnson: Page 2, there is a $370,000 figure both in the 94-95 budget and the 95-96 budget which is proposed. I understand that the 94-95 budget is not yet completed so we don't have that actual figure but when this is done is the 94-95 actual figures taken and used to prepare the 95-96 proposed. In other words are we working with any kind of historic numbers here? Kingsford: Yes, and the other thing that we use Mr. Johnson is the Association of Idaho Cities prepares an estimate for us as to what they expect, that category for example comes from the sales tax sharing that the counties and cities jointly share. They give us advice as to whether to increase or decrease that figure from previous years. So what we have plugged in here is their recommendation and they are anticipating a little bit more stagnate economy that we probably may not see an increase in revenue sharing. Johnson: And another question on specifically that, does that come to you on a monthly basis, quarterly basis? So year to date in the fiscal year we have what two full quarters? Meridian City Council Special Meeting September 5, 1995 Page 3 Kingsford: Through July we have received $188,000. Johnson: So that is all, and that represents how many months? Kingsford: That would be nine months. Johnson: So we are actually below that proposed revenue. Kingsford: But again historically we look at that, there are some quarters that are higher than others and I hope that AIC's projections pan out. Johnson: Because of the shopping season and that sort of thing,, With the growth that we have had (inaudible) first glace there would be some growth there but apparently what you are telling me if anything it might be going down. Kingsford: At least they are estimating it might very well be stagnate. One thing along that line too Jim or Mr. Johnson excuse me, is that one of the quarters that a high percentage of new automobiles are sold is that 4th quarter because of the end of the year and they are moving those and so on and so forth. It is my recollection that has historically been a high quarter. That and then the Christmas quarter. Johnson: I had two other quick questions on the same page with respect to revenues. On this garbage and refuse collection administration fee, I would assume with our growth that would go up. Kingsford: I think that you are right there what was the actual, what we actually budgeted last year was $42,000 and in 3 quarters we have taken in $36,000 so you are probably accurate it will be slightly more than that. Roughly it will be 6% of the additional accounts and you are probably right. Johnson: Thank you, and what is the definition of court revenue and why is that proposed to be going down? Kingsford: Court revenue is the fine money, the 90% fine money that we take in from the courts. We have not, the Chief made that up in his analysis Gordon: I wasn't aware that it went down. Kingsford: It is not necessarily down Chief, I think that we didn't receive what we had budgeted last year in court revenue. We had budgeted $105,000 last year, we got Meridian City Council Special Meeting September 5, 1995 Page 4 $105,000. Gordon: It should have been up. Johnson: I just noticed it as being down and there again with the growth I thought that might increase. And one final point, and just by way of clarification I think I understand this but I want to make sure. Under Golf Course expected, is that was exp. stands for? Expected donations. Kingsford: Golf Course Expansion. Johnson: Golf Course Expansions Donations okay thank you, at $500,000 does that include money as and labor and materials and equipment and everything? Kingsford: That would be correct. Johnson: It is not just monies is that correct? Kingsford: It is our best estimate or my best estimate that it will take about $850,000 to expand the golf course whether it be in donated materials or reduced cost on equipment or contract. Johnson: That is all 1 had and I appreciate that. Thank you. Kingsford: Thank you Mr. Johnson. Other comment from the public? Shari Stiles, 33 East Idaho, Meridian, was sworn by the City Attorney. Stiles: I just had a question on the P & Z staff from our discussions we have had there would be a person and a half added. But this is only an increase of $26,000 is that the full amount for 1 112 people? Kingsford: I think the Council just approved one Shari, now I could stand corrected from our meeting, workshop meeting. That was the notes that we came out of there that Mr. Berg had and that was my recollection. Morrow: That is correct, that was at the workshop meeting it was one person for the $26, 000. Stiles: And are there benefits included in that $26,000? Meridian City Council Special Meeting September 5, 1995 Page 5 Kingsford: The benefits would then be included under the benefits area. Stiles: I wanted to add one more item because we did get the grant for the Senior Center and should have a line item for $56,000, well actually it would be $52,000 revenue and approximately $4,000 in expenditures for my time and some of the building permit fees we agree to forgo on that. Just so there is an item open for that. We will begetting $52,000 in the next year and it has to come through the City. Kingsford: Counselor, correct me if I am wrong, given that we had a preliminary budget published we cannot legally go over since this additional revenue will that necessitate a budget amendment? Stiles: Even though you would balance each other? Kingsford: Even still the law requires that you cannot increase your amount from the preliminary budget that advertised and published. It is not a problem Shari it will be additional revenue in and so we will have to have a budget amendment as we did the first part of this evening. Stiles: I am sorry I didn't comment on this earlier, I just got this today. Kingsford: That is fine, we had to publish that two weeks ago so it would have had to be in by then. Other public comment? Sherrie Baker, 1746 Jericho, was sworn by the City Attorney. Baker: I guess my question basically has to do with the Parks Department. I guess this budget doesn't really show what was expended last year on the Five Mile Creek Pathway last year the budget was $360,000, did we spend that and what did we spend it on? Kingsford: We haven't Sherrie and we have spent part of it and the amount it shows there is the unspent part and we have been held up because of a number of items because it was a grant. Things like contamination in the creek bed held us up and a variety of other issues. Baker: The same thing with Tully Park, every year we have been carrying that over. I would suggest one that you change the name of that instead of Tully Park Improvements to Tully Park Building because how can you improve something that doesn't even exist really with the exception of bare land. I think it is kind of deceiving, every year we have been carrying over this. What happens Meridian City Council Special Meeting September 5, 1995 Page 6 Kingsford: Again, our reason there is one of economics and I apologize to the public for that. If you look at that block of land out there you will notice along the drain there is a huge pile of material. That was our hope to use to fill in that lower part and make it level Because of the wetlands issue, because of the going across the ditch with the foot bridge and so on and the contamination that was in that creek, we've been held up on that. We certainly thought we'd have that park developed at this point. Baker: What is the time frame on that now? Kingsford: Again we are talking about a federal grant but we'd certainly like to have it done and planted next year. Baker: So are the problems with the civil engineers and the Army Corp of Engineers all that stuff out of the way? Kingsford: Not totally, but we hope this is about remedied. Baker: What happens each year, I know we carry it over but basically it is money that wasn't spent last year and yet and it is money that we are including in this years budget what happens to the $150,000 that we didn't spend last year. We don't technically carry it over. Kingsford: No, what it becomes then is, it was money that was in the fund balance. Then we have to reappropriate for this year. Baker: So you haven't done that yet, that is something that comes tonight? Kingsford: That is in this budget. Baker: That would be my only questions then, thank you. Kingsford: We did spend Sherrie for you information, in Tully Park for engineering and some land that we did fill $15,751 of that in this budget year. Anyone else from the public that would like to comment on the fiscal 95-96 budget? Corrie: Mr. Mayor I had a question, I don't know whether I should do it now or not. In the front on the public notice hearing, it shows the Fire Departments fiscal year 96 proposed expenditure of $827,667 and over on page 10 it shows it at $816,132. Those two should be the same I think. • • Meridian City Council Special Meeting September 5, 1995 Page 7 Kingsford: Could you run that by me again, what page are you looking on? Cowie: Page ten of the fire departments expenditures, the total for the fire department is $816,132, an the other is $827,667 on the proposed expenditures. Kingsford: The reason Bob that they conflict, I believe, you will remember after we approved of the preliminary budget and again remember you can't go up but you can go down, we had a meeting with the Fire Commissioners and they said we are not going to pay increase on firemen and as a result that came down. Cowie: I thought it was but I just wanted to clarify in case there were any questions. Thank you. That will make Kingsford: What you have in this packet is the actual budget. Other comments from the public or councilmen? I would call to you attention page 19 in the building expansion fund. Maybe it was a the lateness in the meeting when we had our budget workshop. There is a revenue from fund balance of $340,000, capital outlay at $340,000. We had talked about an addition to this building. My recollection from that budget hearing was that you said you were not going to do that in this fiscal year. Morrow: Now say that to me again? Kingsford: $340,000 when we talked, when we were in the budget workshop you talked about the possibility of expanding this building. Then as I recall from that discussion it was mixed, am I correct or incorrect? Morrow: That is correct. Kingsford: Now it is you guy's decision, again you can go down, do you want that left in fund balance which that pretty much nixes the 01 balance if you were to spend that this year. Do you want it left in case you do decide to expand City Hall this year? Your decision. Morrow: What are the choices again? Quite candidly my memory was that we were looking at absolutely nothing with respect to expansion of this building. I don't even know where this item came from or how it got here. Kingsford: It was discussed and 1 am not sure how it got into this budget. I guess from our preliminary discussion Jo suggested the Auditor and Wilt says she and I talked about it and I guess maybe we did. I don't remember the Council approving that. If you want that ~ • Meridian City Council Special Meeting September 5, 1995 Page 8 nixed it is across the board to nix the revenue in from fund balance and you nix the expenditure. Morrow: My recollection that the only thing that we funded in terms of building expansion was we begin to start our savings account for a fire station expansion and that was it. I don't remember any other discussions at that meeting in terms of other expansions. Kingsford: This revenue in is coming from sewer and water, the part that they use this building in from the 01, that would come from fund balance that exists. As I say that it pretty well nixes the fund balance in 01. In case you want to sell a bond in the next year or any of that it would be my suggestion that you leave it there. Morrow: Sell a bond for? Kingsford: Let's say you go to the public and want to develop a park or you go to the public and want to, well some kind of an emergency. Morrow: And this money jumps from the water and sewer Kingsford: And from fund balance that exists in the 01 account. Morrow: So it is a combination of three sources of revenue two of which have to be paid back with interest? Kingsford: No, because they utilize this building, sewer and water utilizes a good portion of this building. Morrow: Okay so the theory there is that is the cost of rent so to speak to the sewer and water in terms of this part of the building. Kingsford: Correct, rf you look at this wing over here, a high percentage of that is dedicated to sewer and water billing and records and so forth. Likewise then in the engineering department Gary's wing a fair percentage of that is sewer and water, most of it. Morrow: So the issue here is that fund balance of general monies plus the charges to the sewer and water department create the $340,000. Kingsford: That is correct, fund balance from the sewer and water accounts create that. • Meridian City Council Special Meeting September 5, 1995 Page 9 Corrie: My feeling is we should leave it in case we need it personally. Kingsford: Other discussion on that line item? Tolsma: I think we should just leave it there. Morrow: Well, if we leave it there in that format are we committed to only using it for building expansion then? Kingsford: Yes Tolsma: (Inaudible) Kingsford: You could use it, if you wanted to expand City Hall Enterprise by buying another building, building another building, that would meet the guideline. Any other comments? We have gained one more member from the public, would you like to make comment on the fiscal budget for this year FY 95-96, sir? (Inaudible) Kingsford: Okay, thank you. Let's decide then first councilmen your preference on that $340,000 building expansion fund, is it your preference to leave it in or take it out in a motion. Corrie: Mr. Mayor, I move that we keep the $340,000 in the budget, in the fund. Tolsma: Second Kingsford: Moved by Bob, second by Ron to leave the $340,000 in building expansion fund, of course recognize if it is in there you don't have to spend in, if it is not in there you cannot spend it, any other discussion? All those in favor? Opposed? MOTION CARRIED: 3 YEAS, 1 NEA Kingsford: Is there a motion then on the appropriation ordinance. Was there any other discussion of the Council on any other items? Johnson: I have one further question, with respect to page one on the impact fees. Here again when I am sitting down trying to do a budget for the year I have to know where I am at and what my actual income and expenditures were. Just looking at this in 94-95 we ~ ~ Meridian City Council Special Meeting September 5, 1995 Page 10 proposed $600,000 and this year we are proposing $750,000 in the impact fees received. Just two things there, one is what in fact have been our impact fees received to date and two what is the definition of impact fees. Is that just impact fees in Ada County. Kingsford: Just Ada County Highway District only on this line item. The answer to your other question is an excellent one we have received to date $1,226,000. Johnson: We are somewhat in excess like 2 times what we thought we would get. Kingsford: And of course if you look at several of those, there are some big items Mr Johnson that were involved in that, St. Luke's, the D & B Supply, several deals out here at Nahas Center. I don't know, Mr. Smith was the Fred Meyer in that million? So it could be pretty good size, we are anticipating how we budget that is based on the building departments expectations for that year. They are budgeting on 750 single family residences and they have picked a number in terms of commercial that we have predicated that on. Certainly because of the nature of the impact fee it is almost impossible to crystal ball that because we don't know what kinds of businesses might hop to IoGate here and their particular impact to the Highway District. Johnson: Okay, before we leave that subject then, and this is my last question. Is there any anticipated impact fees to be received other than those of the County? Kingsford: 1 guess I would be premature, the Council has talked about the park impact fee. We haven't got into a stage where they were comfortable to budget for it this year so if it were to go into effect it would be in the amended budget as well. Johnson: Thank you. Kingsford: Any other comments at all from the public? At this time then I will close the public hearing on the fiscal year 95-96 budget. ITEM #4: ORDINANCE #711 -ANNUAL APPROPRIATION ORDINANCE: Kingsford: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 APPROXIMATING THE SUM OF $12,253,220 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN FOR SAID FISCAL YEAR AUTHORIZING A LEVY OF SUFFICIENT TAX ON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. Is there anyone from the public that would like to have Ordinance #711 read in its entirety? Is there a motion to approve? • Meridian City Council Special Meeting September 5, 1995 Page 11 Morrow: So moved. Tolsma: Second • Kingsford: Moved by Walt, second by Ron to approve Ordinance #711 with suspension of the rules, roll call vote. ROLL CA~.L VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: That concludes the agenda that was published for a special meeting at this time. The regular Council meeting will begin in approximately 1 /2 hour. Entertain a motion to adjourn. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 6:58 P. M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT P. KINGSFO D, R ATTEST; ~~~ WILLIAM G. BERG, JR., ITY CLERK • ORDINANCE NO. ,711 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, APPROPRIATING THE. SUM OF $12,253,220 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF MERIDIAN FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON 7HE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSED FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED by the Mayor and City Council of the .City of Meridian, Ada County, Idaho. Section 1. That the sum of $12,253,220 be, and the same is appropriated to defray the. necessary expenses and liabilities of the City of Meridian, Ada County, Idaho for the fiscal year beginning October 1, 1995. Section 2. The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: ESTIMATED EXPENDITURES: General Administration Building Department Licensing Department Police Department Fire Department Parks Department Golf Expansion Water/Sewer Department Building Expansion Fund TOTAL EXPENSES $ 969,803 $1, 099, 925 $ 177,978 $1,538,840 $ 816,132 $ 575,162 $ 863,600 $5,871, 780 $ 340, 000 $12;253,220 Section 3. That a general tax levy on all taxable property within the City of Meridian be levied in an amount allowed by law for the general purposes for said City, for the fiscal year beginning October 1, 1995. ANNUAL APPROPRIATION ORDINANCE PAGE 1 • • Section 4. All ordinances and parts of ordinances in conflict with this ordinance are. hereby repealed. Section 5. This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Valley .News, a newspaper of general circulation in the City of Meridian, and official newspaper of said City. PASSED and approved by the City Council and the Mayor of the City of Meridian this 5th day of September, 1995. ATTEST: WILLIAM G. BERG, JR., I CLERK APPROVED: MAYOR -GRAN P. KING ORD "~~„uu-tnu~,~~~ s~~.~ '~, 9p UST ts~ • •~ u~~n n~~~ ANNUAL APPROPRIATION ORQINANCE PAGE 2 MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, SEPTEMBER 5, 1995 - 6:30 P. M. CITY COUNCIL CHAMBERS PUBLIC HEARING: AMENDING THE 94-95 FY BUDGET: 2. ORDINANCE #710 -AMENDING THE APPROPRIATION ORDINANCE: 3. PUBLIC HEARING: BUDGET FOR 95-~ FY: 4. ORDINANCE #711 -ANNUAL APPROPRIATION ORDINANCE: • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET REVENUES 94-95 BUDGET 95-96 PROPOSED General Property Tax $1,649,703 $2,094,400 Gas Franchise Fee 68,000 68,000 Cable Television Franchise Fee 30,000 30,000 Penalty & Interest on Property Tax 2,50D 2,500 Beer License 3,300 3,300 Liquor License 3,900 3,900 Wine License 2,400 2,400 Off Premise (cater) License 200 200 Misc. License 300 300 Gas License 2,850 4,000 Electrical License 4,275 5,200 Plumbing License 3,300 3,300 Impact Fees Received 600,OOb 750,000 Boa# License 27,000 30,000 Fireworks Permit 50 50 Contract ACRD: Impact Fees 22,000 22,000 Building Permits 360,000 400,000 Gas Permits 54,000 60;000 Electrical Permits 92,250 95,000 Plumbing Permits 172,500 172,500 ID Resident Energy Stand. Cert. 62,700 5,000 Misc. Earning -Fire 100 0 Rural Fire and Misc. 150,000 324,733 PAGE 1 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET REVENUES 94-95 UD ET 95-96 PR P SED Dog License and Impound Fees $7,500 $10,000 Court Revenue 105,000 102,.500 Special Police (School) 47,500 49,783 Parking Fines and Foreits 2,500 3,000 Misc. Earnings -Police 3,000 15,000 Police Gant 145,900 48,546 State Sales Tax 49,000 49,000 State Revenue Sharing 370,000 370,000 Filing Fees 60,000 60,000 Ada County Assessor/Sheriff 98,645 147,978 GRBG and Refuse Coll -Admin. Fee 42,000 42,000 ORG Recreation and Athl. Program 2,500 2,500 Interest Earnings 30,000 30,000 Miscellaneous Earnings 15,000 15,000 Golf Course Exp. Donations 0 500,000 Golf Course Exp. Loan 350,000 353,600 Pathway Grant 180,000 150,000 Land Acquisition 1,180,000 0 Fund Balance 27,750 TOTAL REVENUES 667 443 .6041 440 PAGE 2 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 BUD T 95-96 P P ED GENERAL ADMINISTRATION Legislative Admin. -City Council $24,000 24,000 Travel ~ Meetings 1,000 4,000 Executive Admin. -Mayor 14,400 14,400 Travel & Meetings 4,000 4,000 .Administrative Staff 63,000 65,200 Travel & Meetings 10,000 12,000 Consulting 50,000 50,000 Digital Base Map 9,733 10,000 P & Z Attorney Fees 40,000 70,000 Legal Notices 15,000 15,000 Misc./Supplies/Printing 12,700 13,000 P & Z -Travel & Meetings 2,500 2,500 P & Z Staff 35,040 62, 091 Ordinance Enforcement Exp. 10,000 Certified Mailings/Postage 1,000 9,000 Office Supplies 7,500 8,000 Postage 1,000 1,000 Irrigation Taxes 200 400 FICA Taxes 12,300 15,000 State Retirement - PERSI 18,700 22,100 PAGE 3 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET PENOITURES 94-95 BU GET 95-96 PR PO D Worker's Comp $850 $1, 000 Blue Cross/Dental Insurance 27,950 44,100 City B/C Deductible Paid 6,400 8;800 Accident Insurance 1,225 2,500- Unemployement 1,000 1,200 Insurance Premium 2,500 2,500 Maintenance -Janitorial 3,650 4,000 US West Communications 2,000 3;000 Idaho Power 1,000 1,000 Intermountain Gas 760 1,000 Zoning, Comp. Books, Maps 2,000 2,000 Legal Fees 54,000 .54,000 Other General Gov't 32,050 33,000. A.D.A. Compliance 0 1,000 Ordinances/Legal Notices 10,000 1.4,000 Gen. Gov't Bldg. & Struc. 25,000 30,000 Street Lighting 68,000 75,000 Capital Outlay (equip. bldg. expan.) 115,000 221,512 Computer Services 4,000 6,000 Election 500 1,500 Whitzel Property 0 15,000 Masonic Temple Agreement 0 10,000 PAGE 4 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 B D T 95-96 PR P E Pine Street School Agreement 0 5,000 Miscellaneous -Printing 12,000 12,000 Special Projects 2 0 0 TOTAL GENERAL ADMIN. 71.1 958 969 803 BUILDING DEPARTAAENT Building Inspections $91,100 $95,000 Mechanicallnspections 35,000 40,000 Electricallnspections 39,000 40,000 Plumbing Insppctions 65,500 65,500 Office Supplies & Misc. 7,500 7,000 Building Inspection Exp. 2,000 2,000 Mechanical Inspection Exp. 1,000 1,300 Electrical Inspection Exp. 1,000 1,100 Plumbing Inspection Exp. 1,000 9,000 ACHD Impact Fees Paid 600,000 750,000 Attorney Fees 3, 000 3, 000 Maintenance -Janitor 3,650 3,650 US West Communications 5,000 5,500 Idaho Power 1,000 1,000 Intermountain Gas 760 650 Office Staff Salaries 39,400 55,260 PAGE 5 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 DG T 95-96 R P SED BUILDING DEPARTAAENT CONT'D FICA 3,000 4,230 State Retirement 3,820 6,420 Worker's Comp 220 270 .Blue Cross/Dental 7,730 1.3,200 City B/C Deductible Paid 1,200 1,200 Accident Insurance 55 500 Insurance Premium 1,845 1,845 Unemployment 3 0 TOTAL BUILDING DEPT $914080 1 099 925 LICENSING DEPARTAAENT Boat License $25,000 $30,000 Salaries 90,510 94,442 FICA Taxes 6,900 6,900 State Retirement 10,100 10,100 Worker's Comp 500 500 Blue Cross/Dental/Lifie 18,500 18,900 City B/C Deductible Paid 3,000 3,200 Accident Insurance 825 866 Unemployment Insurance 750 750 Maintenance -Janitor 3,650 3,750 PAGE 6 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET • EXPENDITURES 94-~5 B D ET 95-96 P P SED LICENSING DEPT. CONT'D US West Communications 2,000 2,000 Idaho Power 1,000 1,000 Intermountain Gas 760 800 Insurance Premium 1,845 1,938 Office Supplies 1 500 1 5 TOTAL LICENSING DEPT $166 340 $177 978 LAW ENFORCEMENT FICA Taxes $61,978 $75,235 State Retirement $81,322 $109,974 Worker's Comp 15,700 27,592 Blue Cross/Dental 78,982 85,550 City B/C Deductible Paid 8,000 8;000 Accident Insurance 4,125 4,125 Unemployment 1,000 1,000 Insurance Premium 14,000 15,000 Police Adm. Operation Exp. 8,300 6,500 Administrative Of. Wages 103,691 72,139 Criminal Investigation Wages 78,720 111,880 Criminal Investigation Opr. Exp. 8,250 19,032 Drug Investigation Wages 36,636 37,248 PAGE 7 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET PENDITURES 94-95 DC3ET 95-96 PROPOSED LAW ENFORCEMENT CONT'D Drug Investigation Opr. Exp. 8,050 12,050 Uniform Patrol Wages 443,835 445,871 Uniform Patrol Opr. Exp. 46,500 48,700 Records (office expense) 34,050 0 Records Wages 0 39,584 Records Operating Exp. 0 .31,000 Youth Investigation Wages 106,748 111,224 Youth Investigation Opr. Exp. 9,350 11,350 Community Police Wages 0 20,780 Community Police Opr. Exp. 0 4,850 Capital Outlay 30,000 45,280 Communications (radio-radar) $22,000 $23,900 Personnel Training 30,000 30;000 Attorney Fees 75,000 80,000 Maintenance -Janitor 7,200 3,600 US West Communications 2,667 8,000 Idaho Power 2,666 2,000 Lntermountain Gas 2,667 2,000 Sanitation 312 312 Bldg. Repair & Maint. 3,500 3,500 Miscellaneous 5,020 3,000 PAGE 8 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET Pf DITURE 94-95 B D T 95-96 P P S D LAW ENFORCEMENT CONT'D Ordinance Officer Wages 30,820 20,780 Ordinance Officer Opr. Exp. 5 4 7 150 TOTAL LAW ENFORCEMENT 1 366 540 1 538 840 FIRE DEPARTMENT FICA Taxes $22, 300 $25, 630 State Retirement 34,400 39;702 Worker's Comp 12,149 12,10Q Blue Cross/Dental 23,700 39,100 City B/C Deductible Paid 6,400 8,000 Accident Insurance 5,800 5,000 Insurance Premium 15,000 7,600 Fire Administration 76,000 76,000 Fire Fighter Wages $159,900 $207,500 Volunteer Firemen 54,600 46,000 Overtime/Calls/Drills 54,000 48,000 Physicals 1,200 1,600 Fire Prevention 8,000 8;000 Attorney Fees 2,000 3,000 Fire Admin. Opr. Exp. 4,650 4,000 Fire Dept. Uniform Allowance 6,200 5,500 PAGE 9 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXRENDITURES 94-95 B DG 9~-96 PR P E ADJUSTMENT FIRE DEPARTMENT CONT'D Fire Personnel Training 12,000 12;000 Travel & Meetings 350 100 Vehicle Repair & Maintenance 10,000 10,000 Fire Alarm and Comm. 13,000 13;000 QRU 1,000 Supplies & Maintenance 3;000 4,000 Opticum 30,000 30,000. Fuel 5,500 5,000 Unemployment 500 500 Radio Maintenance 6,000 6,000 Fire Dept. Telephone 2,500 2,800 Fire Buildings & Structure 6,000 12,000 Fire Dept. Intermountain Gas 4,000 4,000 Fire Capital Outlay 95,000 60,000 Fire Dept. Idaho Power 3,000 3,000 Hepatitas "B" Vacination Fire $1,000 $1,000 New Building Fund 75,000 Transfer to Fire Truck Fund 40 00 4 0 TOTAL FIRE DEPARTMENT 719149 816 132 PARKS DEPARTMENT PAGE 10 i CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 B DG T 95-96 PR P ED PARKS DEPARTAAENT CONT'D Insurance Premium $1,000 $1,000 Unemployment 1,000 1,000 City 6/C Deductible Paid 400 1,200 Blue Cross/Dental 1,650 6,656 Worker's Comp 2,170 4, 024 State Retirement 4,486 7,094 FICA Taxes 3,310 5,354 Irrigation Taxes 1,000 1,700 Wages/Salaries 43,255 69,984 Utilities 4,000 5,000 Vehicle Expense 2,500 2,500 Equip. & Supplies 4,000 5,000 Equipment Rental 500 500 Spraying 2,300 2,000 Contract Labor 3,000 3,500 Attorney Fees 5,000 5, 000 Park Improvements 25,200 28,800 Recreation Admin. (Payroll) $9,500 $9,500 Organized Recreation Program 3,500 3;500 Tennis Court Maintenance 1,000 Tree Maintenance -Downtown 2,000 2,200 PAGE 11 CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 BUD ET 95-96 P P ED PARKS DEpARTAAENT CONT'D Tree Maintenance -Parks 3,200 Five Mite Creek Pathway 360,000 250,000 Land Acquisition 1,180,000 0 Capital Outlay 0 Tully Park Improvements 150,000 150,000 Accident Insurance 330 450 Repair & Mainteance 0 TOTAL PARKS DEPARTAAENT 1 815 101 575 162 GOLF COURSE EXPANSION Capital Outlay $350,000 $813,600 Contractual Services 0 0 TOTAL GOLF COURSE EXp. 350 000 $863 600 TOTAL EXPENSES 5667 443 6041 440 PAGE 12 • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EVENUES 94-95 BUD ET 95-96 PR P S D WATER Water Sales $1,354,215 .$1,569,892 Well Water Sales 800 800 Water Hook Ups 375,000 375,000 Sales of Meters & Equip. 90,000 90,000 Int. Earnings 54,500 54,500 Interest Earnings Well Fund 7,500 7,500 Well Fund 456 TOTAL WATER 2 338 415 2 09,7 692 SEWER Sewer Service $1,327,335 $1,711,128 Sewer Inspections 55,000 20,000 Sewer Hook Ups 1,027,500 1;027,500 Int. Earnings 163,500 163,500 Miscellaneous 1,960 1,960 Fund Balance 023 TOTAL SEWER 3 216 318. $2 924 088 Sanitary Service $780,000 850,000 TOTAL REVENUES 6 682 123 $5 871 780 PAGE 13 CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET XPEN[11TURES 94-95 UD ET 95-96 PR POSED WATER FICA Taxes $26, 350 $29, 330 Irrigation Taxes 250 300 State Retirement 39,990 44,505 WorkePs Comp 16,450 13,700 Blue Cross/Dental Ins. 32,660 36,220 City B/C Deductible Paid 2,500 4,050 Accident Insurance 2,310 2,300 Federal Unemployment 1,000 1, 000 Insurance Fire, etc. 12,650 13;300 Administrative Salaries 56,400 58,716 Engineer -Admin./Staff 64,847 90,714 Staff Salaries 163,510 174,882 Customer Accounts Salaries 60,240 59,028 Customer Accounts Opr. Exp. 13,500 16,700 Administrative Opr. Exp. 1/2 9,000 11,000 Education & Training 3,000 3,300 General 3, 000 3, 500 bigline 5,400 5,400 Consulting Engineer 20,000 46,000 Building Expense 9,700 9,000' Maintenance -Janitor/City Hall 4,300 4,300 PAGE 14 ~ ~ CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 BUD ET 95-96 PRO O E WATER EXPENSES CONT'D US West Communication/City Hall 3,000 5;630 Idaho Power -City Hall $850 $900 Intermountain Gas -City Hall .550 550 Attorney 8, 500 8, 500 Wells -Water Pumping 1.08,000 85,000 Office Supplies 8,050 4,000 Utilities 6,000 7,000 Equipment & Supplies -Wells 45,700 80,000 Water Storage 8,000 8,000 Water Treatment (testing) 48,700 15,000 DEQ Drinking Water Assessment 15,300 20,800 Water Dist. Equip. & Supplies 17,400 20,000 Water Dist. Meters 114,000 65,000 Tools 3,000 6,500 Vehicle Expenses/Maintenance 3,600 3,600 Equipment Rental 2,000 2,000 Special Projects (cont. help) 137,090 275,000 Travel & Meetings (Councilman) 1,000 Permits 8~ Pavement Repairs 10,000 23,000 Fuel 5,800 5,800 Mileage 300 300 PAGE 15 • ~ CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 B DGET 95-96 PR P SED WATER EXPENSES CONT'D Building Remodel 15,000 15,000 Vehicle Purchase 23,000 15,000 Const. Vehicle Dump Truck (repair) .$19,900 $11,000 Special Project Special Project -Well #3 500 500 Special Project -Well #16 100,000 - Well #17 New 210,000 250,000 - Well #12 0 -Well #14 Gen 50,000 50,000 - Well #18 New 210,000 250;000 - New Well Bond Redemption Ex. 30,000 32,500 Bond Interest Ex. Red. 20,760 18,150 Other Gov't Transfers 375,000 Depreciation Expense 1 1 717 TOTAL WATER 2 338 415 2 097 692 SEWER Irrigation Taxes $2,700 $2,700 FICA Taxes 31,050 36,650 State Retirement 47,050 55,620 PAGE 16 i i CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET EXPENDITURES 94-95 B DGET 95-96 P P SED SEVIIER EXPENSES CONT'D Worker's Comp 19,250 21,270 Blue Gross/Dental Ins. 55,000 45,000 City B/C Deductible Paid 4,000 5,100 Accident Insurance $3,200 $2,600 Federal Unemployment 1,000 1,000 Insurance Fire, etc. 17,300 6,500 Mileage Reimbursement 250 250 Contract Labor 30,000 3,000 Administrative Salaries 103,420 130,496 Staff Salaries 223,233 271,076 Seminars & Training 4,000 4,000 Consulting .Engineer 20,000 35,000 Attorney 15,000 15,000 Pumping & Lift Stations 10,000 20,000 Surface Wells (Elect. Maint.) 1,000 1,000 Utilities 83,500 100,Ob0 Laboratory (Equip. Chem.) 9,000 9,000 Building Maintenance 7,000 7,000 Grounds Maintenance 5,000 5,000 Plant Op. & Maint. (fuel, etc.) 45,500 60,000 CDL Testing 500 PAGE 17 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUDGET PENDITURES 94-95 UD T 95-96 ROP SE SEWER EXPENSES CONT'D Miscellaneous 1,000 1,000 Sludge Disposal 11,500 11,500 Miscellaneous Pass Through 500 0 Office Supplies 1,000 1,000 Maint. Janitor $4,300 .$4,300 US West Communication/City Hall 3,000 5,632 Idaho Power/City Hall 850 900 Intermountain Gas/City Hall 550 550 Outside Lab. Service 14,000 14,000 Fuel-Gas, Diesel, etc. 3,600 3,780 Tools other than O & M 900 900 Administrative 1/2 Opr. Exp. 9,000 11,000 Sewer Inspector 22, 050 24, 500 Collection & Transmission 50,000 100,000 Special Project 115,000 105,000 Special Project Sewer Ext. 140,000 100,000 VVVIITP Improvements 420;000 880,000 Capital Outlay 250,000 250,000 Treatment Plant New Equip. 4,000 43;000 Commissioner Expense 1,000 1,000 Customer Account Salaries 56,500 53,000 PAGE 18 • • CITY OF MERIDIAN PROPOSED 95-96 FY BUpGET EXPENDITURES 94-95 B D T 95-96 PR P ED :Other Gov't Transfers 1,027,500 0 Bond Redemption Exp. 90,000 97,500 Bond Int. Ex. Red. 62,280 54,450 Depreciation Expense 1 7 7 314 TOTAL SEWER 3213 708 2 924 088 Sanitary Service Contract $780,000 $850,000 TOTAL EXPENSES 6 682 123 5 871 780 BUILDING EXPANSION FUND REVENUES Fund Balance 0 $340,000 EXPENDITURES Capital Outlay 0 $340,000 PAGE 19 • • MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, SEPTEMBER 5, 1995 - 6:30 P. M. CITY COUNCIL CHAMBERS PUBLIC HEARING: AMENDING THE 94-95 FY BUDGET: ~ 2. ORDINANCE #710 -AMENDING THE APPROPRIATION ORDINANCE: oeP/~ro~-e~ 3. PUBLIC HEARING: BUDGET FOR 95-96 FY: 6~. 4. ORDINANCE #711 -ANNUAL APPROPRIATION ORDINANCE: ~opro/~c~.. ! ~ ~~~,~~~~e~ y ~~~ ~. /~rda~.,d~P~,~/195--6.'3~P/~, ~-h7 G~~x~e C`~i,~--;mss l• ~~ ~~ ~~ : ~~~~ fir` 9¢^ ~SFj/ ~~ ~~~~~~~~~ ~,Ji.~~~~~ k ~2-~ ~~ 2 ~~~~ ! , CITY OF MERIDIAl~ PUBLIC MEETING SIGN-UP=-SHEET ~ • j ORDINANCE NO. 710 AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 673, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGL~VNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $550,000; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. That Ordinance No. 673, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 1994 and ending September 30, 1995, be and the same is hereby amended as follows: That the additional sum of $550,000 be appropriated out of the revenues from additional Impact fees, to be used for authorized activities. SECTION 2. This ordinance shall be in full force and effect from -and after its passage, approval and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of September, 1994. APPROVED: MA OR -GRANT P. ~I G RD `~`~„-~rr r~rrrr~~~, ~~`` OF s:: ~,, ATTEST: ,,`~`~`~'~ --~ ~~ ~'', !~ '9 ~ ) WILLIAM G. BERG, J ., C CLERK ',, -P,n ~"~r zs~ , "` ~ q ./ e.~ ,. ~rrrrrrrn; uis~~~~~