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HomeMy WebLinkAbout1994 04-05! a MERIDIAN GTY COUNCIL AGENDA TUESDAY, APRIL 5, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MARCH 15, 1994: (APPROVED) 1. REZONE REQUEST: DORADO DEVEL(ZPMENT AND MIKE & CYNTHIA SCISCOE: TABLED AT MARCH 15, 1994 MEETING: (APPROVED - CITY ATTORNEY TO PREPARE ORDtNQNCE) 2. FINAL PLAT: VALERI HEtGHTS SUBDIVISION BY VICKIE WELKER AND HUBBLE ENGINEERING: TABLED AT MARCH 15, 1994 MEETING: (APPROVED WITH CONDITIONS) 3. PRELIMINARY PLAT: THE LANDING SUBDIVIStON NO. 7 BY SKYLINE DEVELOPMENT AND TOM EDDY: TABLED AT MARCH 7 5, 1994: (APPRAVED WITH CONDITfONS) 4. ORDINANCE #639: SALMON RAPIDS SUBDIVISION: (APPROVED) 5. ORDINANCE #640: LOS ALAMITOS SUBDIVISION: (APPROVEDI 6. ORDINANCE #641: GOLF CART ORDINANCE: (APPROVED) 7. ORDINANCE #642: WHITMIRE REZONE: (APPROVEDI 8. FlNAL PLAT: TUTHILL ESTATES SUBDIVISION NO. 2: (APPROVED WITH CONDITIONS) 9. FINAL PLAT: ENGLEWOOD CREEK SUBDIVISION: (APPROVED WITH CC?NDITIONS) 11. FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 2: fQPPROVED WITH CONDITIONS) 11. PUBLIC HEARtNG: VARIANCE REQUEST FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH LOVELESS: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION BY THE WESTPARK CO.: . ~ (TABLE UNTIL APRIL 19, 1994 MEETING) 13. PUBLIC HEARING: PRELIMINARY PLAT FOR FINCH CREEK SUBDIVISION BY BORUP CONSTRUCTION AND HUBBLE ENGINEERING: (APPROVED WITH CONDITIONS) 14. PUBLIC HEARING: ANNEXATION AND ZONING FOR SUMMERFIELD SUBDIVISION BY MAX BOESIGER AND HUBBLE ENGINEERING: iAPPROVED WITH AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY ATTORNEY TO PREPARE ORDINANCE) 15. PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETTS MEADOWS BY RONALD HENRY: (APPROVE AMENDED FINDINGS OF FACT AIVD CONCLUSIONS OF LAW, CITY ATTORNEY TO PREPARE ORDINANCE, PRELIMINARY PLAT TABLED UNTIL APRIL 19, 1994 MEETING) 16. WATER/ SEWER/ TRASH DELINQUENCIES: (APPROVED) 17. APPROVE BfLLS: (APPROVED) 18. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGtNEER: 1. APPROVAL OF ENGINEERING AGREEMENT FOR PATHWAY PROJECT: (APPROVED) 2. RESOLUTION OR APPROVAL TO SIGN LICENSE AGREEMENT WITH NAMPA-MERIDIAN IRRIGATION DISTRICT FOR: (APPROVED) - EIGHT MILE LATERAL CROSSING - FINCH LATERAL CROSSING - TEN MILE CREEK CROSSING 3. UV BID SUMMARY: (APPROVED) 4. LIQUID Sl.UDGE APPLlCATOR TRUCK BID SUMMARY: (TABLED UNTIL APRIL 19, 1994 MEETING) B. LAND LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: (TABLED UNTIL APRIL 19, 1994 MEETING) C. SHARI STILES, CITY PLANNER: D. WAYNE FORREY: E. WALT MORROW: 1. BUILDING PERMIT FEES INCREASE: (APPROVED, CITY ATTORNEY TO PREPARE AN ~RDINANCE) • • MERIDIAN CITY COUNCIL APRIL 5. 1994 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Ron Tolsrr~a, Walt Morrow, Bob Corrie, Max Yerrington: Others Present: Will Berg, Wayne Crookston, Shari Stiles, Wayne Forrey. Gary Smith, Andrew Low, Bev Donahue, Richard Jewell, Tucker Johnson, Gary Asin, Marty Goldsmith, Mike Shrewsberry, Scott Memon, Bruce Borup, Vickie Welker, Les Schild, Jim Merkle, Keith Loveless, Dave Roylance, Rich Allison, Ted Hepper, Don Bryan, Keith Borup, Tom Davis, Craig Groves, Ron Henry, Don Couch: MINUTES OF PREVIOUS MEETING HELD MARCH 15, 1994: Kingsford: Any corrections, deletions or additions to the minutes? Tolsma: Mayor, I move we approve the minutes. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the March 15 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: 1 wetcome the Explorer Troop firom 30th ward, good to have you guys with us. 1TEM #1: REZONE REQUEST: DORADO DEVELOPMENT AND MIKE & CYNTHIA SCISCOE: TABLED AT MARCH 15, 1994 MEETING: Kingsford: At that time we met and came up with a formula to meet the time table correctly for their approvals. At this time I would entertain a motion to approve of the rezone request for Scicoe and Dorado Development. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the rezone, al) those in favor? Opposed? MOTION CARRIED: All Yea • • Meridian City Council April 5, 1994 Page 2 Kingsford: The next thing you need to do is to have the Attorney draw that ordinance. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney draw the ordinance rezone for porado and Sciscoe, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINAL PLAT: VALERI HEIGHTS SUBDIVISION BY VICKIE WELKER AND HUBBLE ENGINEERING: TABLED AT MARCH 15, 1994 MEETING: Kingsford: At this we will take that up, does Council have any questions? Morrow: Mr. Mayor, I guess my question would be all the issues that we were dealing with there have been handled to Wayne's and Gary's satisfaction? Kingsford: Gary, do you have any question about that at this point? Smith: I haven't heard from the developer or Engineer on any of it. Welker: I submitted a plat to Gary's department over a week ago showing the changes. Whether or not he has seen I don't know but it was given to his department. I have a copy of it with me to show we complied with everything requested. Smith: 1 have seen it, but it was not a completed plat. Welker: It was not a completed plat it dealt with the issues that I was asked to deal with. And we addressed each o# the ones that was brought up at the last meeting. Smith: Mayor and Council Members, the thing that I run into we get so many submittal all different things and if it is not a completed item I am not going to act on it. I just don't have time. I did notice there were some lots that had been changed, lot lines that had been changed. It did appear that those items had been addressed, but I didn't take time to look at it very closely. Kingsford: What has been submitted is not a completed plat? • • Meridian City Council April 5, 1994 Page 3 Smith: It wasn't a completed plat no. It was the front page of the plat that was submitted. Welker: We didn't make an effort to complete the plat because we wanted to make sure we had complied us to last time first. And everything that is being required of us is a condition of finishing the plat before Gary signs it anyway. All of these are items that would normally be handled as conditions after approval of the final plat and prior to Gary's signing. All we did was show that we can be in compliance with everything we were asked to be in compliance with. I have it with me and 1 can show you those items specifically. Smith: The lots all appear to be the correct size, the frontages, there was an access shown to the south, the diameter of the culdesac, the island in the culdesac appears to be the size the Fire Department had requested. Kingsford; Any questions Mr. Morrow? Morrow: No sir I have none. Kingsford: Any other questions from the Counc+l? Mr. Morrow Morrow: Mr. Mayor, I am kind of struggling with this issue and from this standpoint, it seems to me with our staff and the tremendous amount of issues that they have to deal with. When they get a project it should be reasonable\y complete so that they can give us the benefit of their expertise and we can make good decisions. With this particular project I think this is the third time that I am aware of that it has been heard and always a little bit more here and there. I don't know, my inclination that we ought to see the projects when our staff has had them and had a chance to completely review them, our P& Z folk have reviewed them and the only changes that ought to occur based on that testimony when they come before us they ought to be complete. I am not opposed to approving a project and having Gary sign off with one or 2 minor details. I don't know exactly how I feel about this project, I would yield to the rest of my fellow Councilmen in terms of how we want to address this issue. I am not totally happy that it hasn't been put in the form that it can be put in the process and our folk can work it over. That would be my comments with respect to this. Kingsford: Any other comments? Corrie: Mr. Mayor, I wasn't here last time and I did read the minutes pretty closely and I have to agree with Councilman Morrow. Two or three items might be okay for • Meridian City Council April 5, 1994 Page 4 ~ the City Personnel to go through, we have 15 here and I think it is about time we set a precedent that they do it right and not put all the blame on the Engineer or the other departments head. I agree with Mr. Morrow that 1 think that they should present it all at one time in the proper form. So, I would probably at that point move that table for 2 weeks until it is done properly. Wellker: Mayor Kingsford, may I address the Council? Kingsford: Is there a second first before discussion? Yerrington: Second Kingsford: Moved and seconded, discussion, go ahead. Welker: First of all, last meeting when I was here I was given 5 issues, everyone of them have been addressed, everyone of them have been addressed properly. This project has been being processed for 10 months, now your ordinary processing time for a project is 4 to 5 months. I am in double time on this one. Three times I have been delayed on this project due to mix ups within the staff not putting it on the record correctly, coming up on time. Wayne Forrey can confirm this, within 3 times this project has been delayed a month which had nothing to do with me. And I have }umped enormous hoops to comply with everything that I have been asked to do on this project. The conditions that we addressed last on the 15th that they asked me to bring back before the Council are normalty conditions that are addressed with staff after approval, everyone of them are. So, I am asking why is this project being asked to jump through extraneous hoops that ordinarily aren't asked at this point. I have been given the impression that this thing was going to get over with at some point. And It just keeps going on and on. I am running out of time. Corrie: I understand where you are coming from but I also think that there are too many points that need to be taken up and I have in front of ine 15, are these different from the 5 that you said you had 2 weeks ago. Why do I have 15 in front of ine now? Welker: I don't know, we only talked about 5 last time. There was a list of 5 I addressed the 5. I can tell you what those 5 were. I haven't seen your list so I don't know about any additional ones. There were five issues that Walt brought up and I have addressed those 5. There is only one of them that is not on paper which couldn't be put on paper which I can address here now. That was having to do with the ditch between Baily's property and the Fuller property. ~ Meridian City Council April 5, 1994 Page 7 ~ Corrie: Vickie, it would take less time in other words for you to do the complete plat and give it to him then the 2 week delay is that what you are saying? Welker: Yes Yerrington: That being the case Mr. Mayor, I withdraw my second. Corrie: f will lift the table Mr. Mayor. Kingsford: Is there a motion then? Corrie: Mr. Mayor, I will make the motion that we accept the final plat of Valeri Heights with the condition that all the comments of the City Engineer are met in the final plat given to him for signature. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the final plat for Valeri Heights Subdivision conditioned upon the City Engineers comments requesting that, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I just caution the Engineer and other engineers on other projects in here, we have been having significant changes to preliminary plat from final plat and that has gofi to cease. They are going to go in the trash can if we have those. ITEM #3: PRELIMINARY PLAT: THE LANDING SUBDIVISION N0.7 BY SKYLINE DEVELOPMENT AND TOM EDDY: TABLED AT MARCH 15, 1994 MEETING: Kingsford: Council members do you have questions with regard to that? Corrie: Mr. Mayor, I had one on the minimum square footage, was that, it said 1300 on your application. Is it 1400 or higher, what is your minimum square footage? Johnson: It is an R-4 so 1 would assume it would be higher. I would presume you were speaking of the square footage of the house, not the lot. The traditional covenants which under the older ordinance allowing 70 foot frontages, does only allow 1300 square feet we will certainly modify that subject to Gary's review if you would like for that section. • • Meridian City Council April 5, 1994 Page 8 Corrie: I was just going through that and I noticed it said 1300 square foot and I believe the ordinance is now at '1400 square feet. Kingsford: Any other questions for Mr. Johnson? Tolsma: Have you seen the comments of Wayne Forrey? Johnson: Yes I have, I believe we reviewed them last time, the main issue that came up was the sewer which had not been addressed or information given to Gary but since the engineer and Gary have met on at least a couple of occasions to my knowledge, reviewed that and I believe that complies with Gary's conditions. Tolsma: There is also one in there about the school park site. Kingsford: These are Mr. Forrey's comments not Mr. Smith's. Johnson: We do recognize that the area is (inaudible) a school site in that particular location, that general area. Tolsma: I think we handled the stub street to the north, Gary Fores property. Johnson: Correct, and per Gary's request we have made that a 50 foot right of way. ACHD only required a 40, we have complied with Ga-y's wishes and made that a 50 foot right of way. Tolsma: (Inaudible) Johnson: Yes, we have added 10 feet to those lots, if you have been out you will recognize one of our trademarks is putting a nice berm in and a good buffer for the neighborhood. Tolsma: (Inaudible~ Kingsford: Any other questions tor Mr. Johnson? Morrow: Gary indicated that he is satisfied with what were the issues from last time and the engineer has worked with him so 1 have no further questions. Kingsford: Is there a motion? Morrow: So moved • • Meridian City Council April 5, 1994 Page 9 Corrie: Second Kingsford: Moved by Walt, second by Walt to app~ove the prelimir~ary plat for The Landing Subdivision No. 7 conditioned upon the agreements with the Engineer being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: ORDINANCE #639: SALMON RAPIDS SUBDfVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED fN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, T. 3N, R. 1 E, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTlVE DATE. Is there anyone from the public that would like Ordinance #639 read in i#s entirefiy? Entertain a motion. Tolsma: I move we approve Ordinance #639 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #639 with suspension of the rules, rotl call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea. MOTION CARRIED: All Yea ITEM #5: ORDINANCE #640: LOS ALAMITOS SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXtNG AND ZONtNG CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NOF#TH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, T. 3N, R. 1 E, BOISE- MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #640 read in its entirety? Entertain a mot;on? Morrow: Mr. Mayor, I would move we approve Ordinance #640 with suspension of the ru(es. Tolsma: Second • Meridian City Council April 5, 1994 Page 10 i Kingsford: Moved by Watt, second by Ron to approve Ordinance #640 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM # 6: ORDINANCE #641: GOLF CART ORDINANCE: Kingsford: AN ORDtNANCE OF THE CITY OF MERIDIAN AMENDING TITLE X OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADDING A NEW CHAPTER TO BE KNOWN AS "CHAPTER 5, GOLF CARTS", PROVtDING ~OR THE REGULATION OF GOLF CARTS, CONTAINING DEFINITIONS, SETTING FORTH THE ALIOWABLE PLACES OF OPERATION, SETTING FORTH A DRIVERS LICENSE REQUIREMENT, OFFENSES, EQUIPMENT REGULATIONS AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #641 read in its entirety? Counselor would you like to read that please? Crookston: I will not read the title since the Mayor has already read that. Wher~as, the Mayor and the City council of the city of Meridian, State of Idaho, have conciuded that it is in the best interest of the said City to amend Title X of the Revised and Compited Ordinances of the City of Meridian to add a new chapter to be known as "Chapter 5, Golf Carts" which shall provide for the regulation of golf carts, contain definitions, set forth the drivers license requirements, provide for offenses, equipment regulations and penalties. Now, therefore, be it ordained by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1: That Title X of the Revised and Compiled Ordinances of the City of Meridian is hereby amended to add a new chapter to be known as "Chapter 5, Golf Carts", which Chapter shall be known as Golf Carts and shall read as fottows: 10-501 Definition: The term "golf cart shall mean every self-propelled vehicle upon 3 or more wheels, in , upon or by which any person or property particularly golf clubs or golf equipment, may be carried or transported. 10-502 Drivers License Required: It shall be unlawful for any person to drive or operate a golf cart who is not a licensed motor vehicle driver and whose license is valid at the time of operating or driving a golf cart. 10-503 A. equipment: No golf cart shall be operated in the City unless it is equipped with the following: 1. At least one brake which may be operated by hand or foot and • Meridian City Council April 5, 1994 Page 11 • at least one parking brake. Such brakes may be controlled by one mechanism but if in one mechanism, the brake must be capable of being locked on for parking purposes. 2. !f the golf cart is propelled by an internal combustion engine, is must have a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke; no person shall use a muffler cutout, by-pass or similar device. B. Places of Operation: 1. Except as authorized herein, no golf cart shall be driven or operated on the streets. sidewalks, alleys, easements, or (and owned by the City, in any area of the City that is outside of the following described approximate square mile, in which Cherry Lane Golf Course is located: North of the north street right of way line of Cherry Lane; East of the east street right of way line of Btack Cat road; South of the south street right of way line of Ustick Road; West of the west street right of way line of the Ten Mile Road. 2. No golf carts shall be driven or operated on, or in, the right of way of Cherry Lane, Black Cat Road, Ustick Road, or Ten Mile Road. 3. Golf carts may be operated on the streets, alleys, easements within the City, or land owned by the City, within the parcel of land described in paragraph 1 above, but not on the roads and set forth in paragraph 2 directly above and not on the sidewalks, except as set forth in 10-504 A. Golf carts may not be operated or be driven in any area that has been posted by the City with a notice that prohibits such operation at the location described in the notice. 4. Golf carts may be operated or driven on privately owned land or premises. 10-504 Regulations for Operation of Golf Carts: A. It shall be unlawful to drive, operate or park a golf cart on any sidewalk in the City, unless traversing the sidewalk for purposes of going to or from ti^+e road or street to a home or from the home to the road or street. B. It shall be unlawful to operate a golf cart at a speed in excess of fifteen miles per hour. C. It shall be unlawful to drive or operate a golf cart while under the influence of alcohol or drugs. D. It shall be unlawful to operate a golf cart carelessly or heedlessly, • Meridian City Gouncil April 5, 1994 Page 12 ~ or without due caution and circumspection or at a speed or in a manner as to endanger or be likely to endanger any person or property. E. All golf carts shall conform to all vehicular traffic controls. F. All golf carts shall abide by all traffic laws, rules, and regulations. G. All owners of golf carts shall have liability insurance on all their golf carts; it shall be unlawful not to have such liability insurance. 10-505 Penalties: And person convicted of a violation of this chapter shall be punished by a fine not to exceed three hundred dollars (5300.00) ar imprisoned in the county jail for a period not longer than thirty (30) days, or by both such fine and imprisonment. Section 2: If an section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3: Effective Date: Whereas, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Passed and approved this 5th day of April, 1994. City of Meridian By Grant P Kingsford, Mayor, Attest Wiltiam Berg, City Clerk. Kingsford: Is there a motion? Yerrington: I make the motion we approve this ordinance with the suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve Ordinance #641 with suspension of the rules, roll calt vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea. MOTION CARRIED: All Yea ITEM #7: ORDINANCE #642: WHITMIRE REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS u Meridian City Council April 5, 1994 Page 13 • DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, T. 3N, R. 1 W, BOISE-MERiDiAN, ADA COUNTY, tDAHO; AND PROVIDING AND EFFECTIVE DATE. is there anyone from the public that would like Ordinance #642 read in its entirety? Is there a motion? Corrie: Mr. Mayor, I move we approve Ordinance #642 with suspension of the rules. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #642 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: FINAL PLAT: TUTHILL ESTATES SUBDIVISION NO. 2: Kingsford: Is the engineer or representative present? Are there any questions? Morrow: Gary, your comments with respect to this have been fairly well addressed? Smith: Mr. Mayor, Councilman Morrow, Council members, my comments on the final plat were minor. I haven't heard from the engineer, but generally speaking these minor comments are just checked off when the plat comes in for signature. If they haven't been made I won't sign the plat. Morrow: I have a question of Shari, you indicated in your letter to us that the City needs evidence of the approval of compliance by the Bureau of Reclamation, is that proceeding on schedule or what feedback do you have for that? Stiles: Mr. Mayor and Council members, the main thing I'm concerned about is that you have this plan to preserve future pathway development and we are not getting things worked out with some of the developments. I think this particular project has had some problems, closed off from the Nine Mile Drain to one side of them. I said 1 was going in 2 weeks with John Anderson, Gary and I are going tomorrow to a development with Nampa Meridian Irrigation District and see if it is possible to meet their requirements and get the Bureau of Reclamations approval and try to if we can. I would hate to say we can't do it it is too hard and give up that opportunity. Kingsford: Shari does that apply to the development of Mr. Ewing, Fothergill. Is that • • Meridian City Council April 5, 9 994 Page 14 going to be addressed at that time too? Stiles: Nampa Meridian Irrigation District has some concerns about the way things have developed with no license agreement from them. Which we have been asking the developers to work out. We don't have the staff to do that ourselves and there has been I guess landscaping placed within the drainage there which is definitely something they don't want to have to deal' with: Kingsford: Any other questions Council? Morrow: Do you have comments regarding both Gary's presentation and Shari's? Merkle: The problem with Saddleview final plat No. 2 to the north of us we have Parkwood Meadows, to the south of us we Mave KentField Manor, across the drain is Sunnybrook and Fieldstone and those are already approved final plats and most of them are recorded. There is no provisions, correct me if I am wrong, for any kind of greenbelt or Bureau of Reclamation or anything for cooperation of a greenbelt along those. So if we do it in Saddleview you are going to have something from top of Saddlsview to the bottom of Saddleview and then nothing to the north and nothing to the south. Unless you can go back and retro fit and work with all the homeowners and properry on each side of the drain for 1/2 mile. I don't think that is a problem if the City and Nampa Meridian can come to an agreement on what Nampa Meridian will allow, that has been the problem in the past. Nampa Meridian just doesn't want anything to do with it. So, if the City and them can work it out we don't have a problem, we just don't want to get caught in the middle of the City requiring something Nampa Meridian is not going to atlow. So, I guess +n a nutshell if they can get something worked out we will comply with what the City wants. Kingsford: Any other questions? Morrow: I guess my question of Shari would be we are landlocked on both sides, what is the percentage or the odds of that ever becoming a reality with respect to a pathway? Stiles: I#hink that there is a possibility that federal funding could be made available to do that. I would just not want ta see fences encroaching clear up to the edge of the drain and having to deal with another stretch there. Kingsford: I think there is a right of way easement existing, so if we could get that license it wouldn't be landlocked. We would have to have a ticense agreement to use their easement in which case. • Meridian City Council April 5, 1994 Page 15 . Morrow: So, it is potentially something that can be accomplished without a tremendous expense to the existing property owners and with some sense of efficiency. Kingsford: Something our Comp Plan and so on that we would like to incorporate all of those gray areas. Merkle: Regarding coming back and retro fitting these areas I know fieldstone across the drain, it depends on which side you want to dot, Fieldstone and Sunnybrook have license agreements for the homeowners altowing them to fence to a certain point to the bank. The same with Parkwood Meadows No. 1 and 2, there is an encroachment agreement that is in place #or that development to put fences on the bank. So, not only do you have to deal with Nampa Meridian and Bureau of Reclamation you have to deal with each of those individual lots that has encroachment agreements to do what they are doing right now. So, you might consider that. Stiles: Well, I think if the Bureau of Reclamation came in and that was a project they were supporting, I don't know at this point, but I'm just saying I want to leave that. Merkle: That is fine. Kingsford: Any other questions Council? Is there a motion? Morrow: Mr. Mayor, 1 would move that we approve the final plat for Tuthill Estates Subdivision No. 2 with the approval of Gary Smith and his requirements and also pending Shari and Gary working out with Nampa Meridian a suitable license agreement for preservation of that corridor. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat for Tuthill Estates No. 2 conditioned upon Shari's and Gary's comments being met and for the record t would just comment Mr. Merkle it is now Tuthill Estates, you guys keep changing that on us, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: ENGLEWOOD CREEK SUBDIVISION: Kingsford: Any questions? ~ • Meridian City Council Aprit 5, 1994 Page 16 Corrie: Mr. Mayor, the one we have now is what was originally presented is that correct? So, the Nine Mile Drain will not bridged across, is that correct? Jewell: No, let me take a look. Corrie: There is nothing across here, are you or are you not? Jewell: The plat that you have there is the original one that was submitted, an exact copy. What the agreement was, wher~ we originally came before the City Council, was that the bridge and that portion of the road would be constructed in the second phase, but it will be placed during the second phase and will be a through road. Kingsford: Any other questions Council? Morrow: So what we have done here is eliminate all the change now in terms of no pedestrian thing, no bridge, so we are back where we started. Gary, you are satisfied with this? Smith: Truthly Mayor and Council, I have not had a chance to look at the plat. So, you don't have my review comments and that is the reason you don't. It got lost in the shuffle, so I am going to have to review it yet. If my initial review comments are met on the size of the lots and the location and the continuation of the street. The well lot is accurately shown as we discussed in the past. I think those were my main concerns. Kingsford: What is your comfort level Gary, wit this? Smith: I haven't had a problem working with Mr. Jewell in the past. Kingsford: You are comfortable with a conditional approval? Smith: I don't see a problem with it, basically that is what they would be is details. Kingsford: This does go back and comply with the preliminary plat that was considered and approved. Any other questions Council. Is there a motion? Yerrington: I make the motion that we approve the final plat for Englewood Creek subdivision subject to the conditions of Gary Smith, Engineer. Tolsma: Second • Meridian City Council April 5, 1994 Page 17 • Kingsford: Moved by Max, second by Ron to approve the final plat for Englewood Creek Subdivision subject to the Engineers review and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 2: Kingsford: Is the engineer present, any questions for Mr. Merkle on Summerfield? Corrie: Mr. Mayor, I would like to have Shari address a couple of points here if she would. In reference to a letter that was sent to Tom and Sue Davis there was a reference made there that currently there is a 61 phase of Summerfield under construction, but there would be no further development of Summerfield or anywhere else in this section until the school district has a site, where are we now Shari? Stiles: Is that the exact wording of my letter? Corrie: Yes Stites: And just prior to that it says until the School district is satisfied they can acquire a suitable elementary school site. I believe they have indicated they are satisfied. Corrie: Where is that site that they are satisfied with? Stites: In the main file, it is a single page I think. (End of Tape) Corrie: I guess one of my questions has the school approached Tom and Sue Davis to buy that property. I would assume they have not. Kingsford: I think the letter that was received by myself and the ~ouncil from the Davis's quite rightly disturbed the implication that they be forced to sell, I don't think that was the intent either of the City or the school district. The school districts position at this point as I understand is they don't have the funds to buy a site, they would like to have access to a site at a price that would be offered to a developer. I think it would be inappropriate as the school district indicated to tell this developer they can't develop we don't have any money, we are not going to buy the site now, but at some point in the future we would want one. In our working with the school district the effort has been made that when they are ready for a site we try to help them maintain one. They have indicated at this point they are not ready for one in • • Meridian City Council April 5, 1994 Page 18 that section. That is basically where we are at. Corrie: Mr. Mayor, I agree, I just wanted to know how the City stood on that for the record. Tolsma: I have a question, did this school in the middle of a subdivision require oversized water and sewer lines for fire flow more than what would normally be required in a residential subdivision? Smith: Mr. Mayor, Councilman Totsma, our standard detail for water lines is a 10 inch line on mid-section line, 12 inch lines on secfion line roads. And we are locating wells at approximately 1 mile intervals east-west, north-south. I don't think the demand of a school would create any bigger load on our water system than those lines can provide. The high school for example has a 10 inch line in Pine and a 10 inch line in Linder and it is looped through there to serve that school. We don't have subdivisions all around the high school but they are getting there. And we don't have any water problems there. Totsma: Have we been into problems anywhere else about running school buses through a subdivision for transporting children? Kingsford: It depends on the definition of problems, I think Ron. Tf~e school district has preferred to be in subdivisions. They want kids to be able to as much as possible to walk to school and have that kind of security and so on. Linder elementary for example is an example of what they would like to have. That is true I think of Joplin, Frontier, Chief Joseph. Buses, 1'm sure that a resident coutd go through I wouldn't be terribly excited about them, I think I would rather see, as a parent, those busses going through picking the kids up in those areas then to have them on a main thoroughfare the kids I mean. It is the desire of the school district to have the school in a subdivision away from commercial and heavy traffic. Smith: I think one of the things too Mr. Mayor is that the schools can be located such that a collector road, and that is a road that is located on half mile lines, roughly 1/4 lines of the section. Those streets are not, the Highway District doesn't allow homes to front those streets so they don't have cars backing out onto the street, and would eliminate some of the traffic congestion and school busses going inside a school in a subdivision. Tolsma: We are looking here for a potential school site because if it is not required by the developer to put the school site in or have the school site, or it is possibly up to Mr. and Mrs. Davis to provide a school site and (inaudible) if they do not which to • • Meridian City Council April 5, 1994 Page 19 sell at that particular time the school has not site. Kingsford: I think the letter from Mr. Mace indicates that there is more development they are not needing a school site, nor would they push for one. But only when the rest of it develops would they be interested in a school site. Morrow: Mr. Mayor, I don't think that in response to Ron's question I think the school district ought to be looking for more practical things with respect to Gary's comment locating on collectors. The point is I don't think with respect to the Davis property and all the confusion here that the Davis's are under any requirements at any point in time to commit dirt to the school district. Basically a school site problem is independent of the Davis property, it is a function of the developm+ent that occurs around that property and it is a function of when those people come to develop it and the school system needs a district then it is up to those developers and property owners to provide that site at development prices and in terms of the raw dirt prices and solve the problem that way. I don't that it would be my intent as a City Councilman to say to anybody including the Davis's who run a class operation over there, its one of the best looking places you could ever see, that they are required to sell property to anybody. They may want to keep the thing in the family for 50 - 60 more years such as Mrs. Simunich in Boise by Borah High school and along through Vista, that property is not even in the City timits of Boise out of difference to her ownership. So, I don't this that this Council ought to take the position of telling in this case the Davis Family that they are required to sell 12 acres or 14 acres to anybody. And that if Mr. Merkle's clients which to continue to developing there then they should stand on notice that at some point in time there is going to be a school site required and #hey are going to have to come up with the dirt for the school site in order to complete their projects. I think that would express my feelings with respect to this issue. I think unfortunately there was some misimpressions created through misinterpretation partially on our part and we didn't do a very good job of following up and visiting with the Davis family. I would like to see that ironed out and 1 don't think its my intent that we put them in kind of position at all to force them to sell property to anybody now or at any point in the future. Kingsford: Any other comments Council? Morrow: As long as Gary is satisfied I think we have talked about the property issue I have no more questions or comments. Kingsfiord: It is not a public hearing Mrs. Donahue but go ahead and speak. Donahue: I was at the beginning of this when we started this Summerfield • Meridian City Council April 5, 1994 Page 20 • Subdivision and we had over 300 signed people concerned about the overcrowding the school before this subdivis+on even got put through Planning and Zoning to the City Council. And from there it was promised at a public meeting that could do 61 houses and until a school site was put in that area, no more development would be done in Section 32. It did not mean that we were singling out the Davis's or anyone, but in that area we need a school site because our kids are already crowded to the hilt. We don't mind having more subdivisions built but we have go to take care of our children. Now I get a letter that I see tonight that Summerfield subdivision 2 is already on the thing when we don't even have a school site there, which is one of the main concerns we had way back at the beginning. And it was put under oath and we all discussed it and it was I believe part of the agreement with the neighbors in that area. I went and spoke to Dan Mabe today and he said no school site has been put into place yet, I said what is happening and he said he was told that the City would take care of it. Nothing has been put into writing and we as citizens are wondering what is going on. We come to all these public hearings, we hope that you are taking our input and putting into action because these are our concerns. Education for our children and now we are sitting here and we haven't even got the first approved yet and they are already applying for number 2 and number 3. How come we continue to keep on going with subdivisions on phases 2 and 3 when 1 hasn't been approved? Shouldn't we start with 1, get that approved then let's submit to number 2 and then number 3. It seems like we are always in a hurry and this is where the mistakes are coming. Now, my second concern is I am now on an tdaho Power project where they are going to have to run high powered lines up to the substation on McMillan. Now, they have 3 alternatives, one is going to be up North Locust Grove, the second one is going to be in between North Locust Grove and Eagle and the third route they are thinking about is Eagle Road. We are talking high transmission lines and yet we are sitting here approving more subdivisions and the developers are not aware of this either. Because you think about the EMF plus the value of the property that is going to take into effect they are going to have these poles in somebodies back yard and people's safety is a major concern. Let alone if the school does go in this area, t don't want to see that running through a school area either. So, I don't know what suggestions 1 can give to the Council except that they need to be aware that there are more problems about this growth and we need to take a look at our public safety. Thank you for letting me speak. Kingsford: In reference to that Mrs. Donahue, Dan Mabe has indicated to me that they do not have the money for a site and are not interested in a site at this time and he specifically says here that they don't want to hold up this development for that. That when they are interested in a site we will work with them. Whether it be the Davis property when they decide to develop or any other property that would contain 12 to 15 acres. • Meridian City Council April 5, 1994 Page 21 • Donahue: Well, it says in your letter tonight here that before we can support this subdivision we need land dedicated to the district or at least made available at minimum price for a school site in this area. Kingsford: Right, but what we can`t dictate to the district is here is a site we are going to force you to take it. They have not said that they wanted it . Donahue: Then there must be a communication problem between the school district and the Council, you have to have a site there. Kingsford: And they agree there has to be a site there, but they don't know when or if they will want it. t don't think it is appropriate for us to say to the developers you can't develop because at some point in time maybe the school district will want a site there. Donahue: But the developers knew about it when they wanted it put into (inaudible) Kingsford: Right, and I think what this Council will do is before that section is developed out we will make sure there is a site, but until the school district wants one, I think it is inappropriate for us to say here the first ones there have to provide or the second ones there have to provide it or whatever. When the school district is ready for a site we are going to make sure that they have it and at development prices. Donahue: But, don'fi you think they are ready? Kingsford: When they tell me they are not I can't tell them what to do, it is their ship. Any other questions of the Council? is there a motion? Morrow: Mr. Mayor, I woutd move we approve the final plat for Summerfield Subdivision N~. 2 subject to the conditions of the City Engineer and other agencies. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the final plat for Summerfield Subdivision No. 2 conditioned upon the approval of the City Engineer and other City agencies, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: VARIANCE REQU~ST FOR NAVARRO SUBDIVISIUN • Meridian City Council April 5, 1994 Page 22 BY THE FOUR T'S AND KEITH LOVELESS: • Kingsford: At this time I will open the public hearing on that issue and invite the owner and his representative to speak first. Keith Loveless, 3330 Grace Street, Boise, was sworn by the Attorney. Loveless: This evening we are presenting to you a variance request on an infill project known as Navarro subdivision. We have asked for a reduction to 70 foot minimum frontage on or somewhere between 70 and 80 foot which is below the 80 foot new zone requirements for this R-4 zone. Mainty because the development to the north and the layout of the sewer lines going through this project on the extension of State Street has got the extra deep lots, 125 - 130 feet in there that by the time you put an 80 line we are up into a 10,000 square foot in our project when all projects to the north are actually less than 8,000 square feet, most of those lots. We have 1/3 of our lots are in the R-4 zone with the 80 foot and excess of 8,000 square feet. All our lots exceed 8,000 square feet. So, what we are asking for is an infill variance to make our 70 foot wide lots to fit what is there, this is the last piece of ground that is not plated along Pine there. Kingsford: I would just like to add that this is the City's errar in omitting that from the last Council meeting that was a request to submit by the developer and we hadn't noticed it for a public hearing at that point. Loveless: We have within the development, 5 of our lots exceed 10,000 square feet and 12 lots do have the 80 foot wide out of the 36 and 2 of the 36 lots have existing homes on them that front Pine Street. Everything else will be internal, so there is no new traffic being generated by driveways onto Pine. Kingsford: Any questions for Mr. Loveless? Anyone else from the public that would like to offer testimony on this issue? Gary Asin, 2766 Lake Harbor, Boise, was sworn by the Attorney. Asin: We are developing a project just adjacent to this Navarro Subdivision on the westhand side called Piedmont subdivision. We came in last fall and met with Mr. Smith and the City people and complied with the new ordi~ance with the minimum square footage and the minimum street width frontage and minimum square foot requirements for the building. Even though it cost us several lots we are the first subdivision in that new ordinance and we are complying with that. Now they come along next door and we are 90 percent finished with our subdivision, this one is C1 J Meridian City Council April 5, 1994 Page 23 C~ absolutely adjacent and ties into it and there is a common street that goes into both of these. We are sitting there with 80 foot wide lots and it goes all the way through and total compliance. They have these what f call lesser or less than ordinance lots. These 70 foot wide lots we are trying to keep our subdivision more of an upscale type situation with 80 foot wide lots, probably triple car garages I think you are going to find hard pressed to put triple car garages on 70 foot wide lots. The triple car garages are more conducive to an upscale type situation. This definitely, these lots we think definitely undermine the integrity of our subdivision. We are trying to go for quality not quantity. And we are directly affected by these lots. They have complied with 1/3 of their lots comply with the street frontage with the requirements as far as I am concerned they are still on the drawing on the napkin stage. They can change their subdivision we don't have that flexibility. I just ask that you seriously consider this new ordinance and keep some consistency. Thank you very much. Kingsford: Can I ask you what the depth of your lots are then? Asin: The ones on the back are identical to these, the ones that are adjacent to these are exactly identical to these. The same width, depth. Yerrington: How many lots involved in that? Asin: We have 15. Yerrington: That is the total project or just the ones that are extra depth? Asin: No our total project is 15 lots, we had 17 or 18, we thought we could do 17 or 18 but in compliance with your new ordinance we got 15 lots. Yerrington: How many of the extra depth lots do you have in your project? Asin: We've got, well all of our lots are deep but I think the ones that are adjacent to these are, there are 5 lots. Morrow: Mr. Mayor, could I ask Clarinda Fair what is the lot width on that subdivision that is on the east side of this proposed subdivision? 1 realize it is an established subdivision. Kingsford: Gary, do you remember what the tot dimensions are in Clarinda Fair? Smith: I couid get that file if you would like? i • Meridian City Council Aprii 5, 1994 Page 24 Kingsford: Why don't you and we can go ahead and take public testimony. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Mr. Mayor and City Council I am going to echo pretty much what Gary Asin said. When we started the project as I typically do I came in and talked with Gary I'm not putting any fault on Gary, he does a very good job. I came into to talk to him to find out what the issues were because things do change, ordinances change, requirements change and before I submit a preliminary plat I like to find out if I am on the right track, what needs to be done to comply with what the Gity is looking for. In doing that I was told that there was a new ordinance with 80 toot frontages and that 1 should prepare my plat like that. I thought about requesting a variance but I thought that it would be unpopular and maybe bad manners. If you have a desire to see 80 foot lots and that is what I am told to do than unless there is a really definite hardship I don't think it is appropriate to ask for a variance and so I didn't. When I was laying the subdivision we could have obtained at least one as I recall for sure and possibly 2 more lots if we could have the same relaxation here. I am not here to talk bad about somebody elses project but we are a little bit disappointed because we are in the same situation. Our tot depth is the same as theirs and we complied with the ordinance and we didn't find it a hardship. I could respond to questions. Crookston: I just have an informational question, you are the engineer for Piedmont? Roylance: Yes, I am, thank you. Kingsford: Anyone else from the public? Rich Allison, 1108 West 4th Street, was sworn by the Attorney. Allison: Mr. Mayor, Councilmen, when we first discussed this project we weren't looking at a 5 acre parcel, basically a parcel that had 4 or 5 lots that have the extended depth on State Street, we are looking at a situation where we not only had a tie in with State Street but we also had a tie in with a secondary street I believe it is 13th street. And a tie in with 13th Street actually created a 14,500 square foot lot. In addition to all these additional lots we had to create on about 1,000 feet of State Street unlike the project. When you evaluated the whole project when you tie in State Street, 13th Street and State street you end up with 2 streets that gave you 125 to 130 foot depth in lots. So we were exceeding g even more than 10,000 square feet. And 2 different streets 13th and State Street and that is why we made the original request and talked to the City was to try to find a way in which to solve ~ • Meridian City Council April 5, 1994 Page 25 this problem so that we could provide sufficient sized lots and meet the City requirement but yet work with the existing streets and the sewer lines that were already in place in order to come up with a viable project on this piece of infill property. And that is the reason the request was made the way it was made. And I think Gary can also reflect on how all these different streets align to create this problem. Further, as far as Clarinda Fair (inaudible) my father in law lives on the corner of State and 11 th Street and I know that he has a 68 foot wide lot, so t know they are under 70 foot in some cases, thank you. Kingsford: Anyone else from the public? Duane Stuckle, 200 Parkway Drive, Boise, was sworn by the Attorney. Stuckle: 1 am the other owner of Piedmont. I think the issue is relatively clear there was no more hardship for them to comply as I understand from an engineering perspective than it was for us. When we did comply we took an economic hardship position because we fost a few lots. Puts us in a very bad situation and the oniy thing I would like to point out is and I think its the key is consistency if we are asked to do it, and required to do it seems very consistent and questionable to me to not ask someone right next to us that changes the whole economic picture for us to not do it. That is my main point and I think that is the key and the focus should be on consistency, either you do it or you don't do it. Thank you Kingsford: Anyone else from the public? Mr. Smith, do you have Clarinda Fair? Smith: Mr. Mayor, Council members, this is a recorded copy of the plat. Kingsford: It looks like those go 79, 76, 76 76, 79.37, 120 that would abut this property. Smith: Right about 109, 110 foot deep. The rest of the lots in Clarinda Fair, quite a few of them are 70 feet, there is a middte block that most of them are in excess of 80 feet wide by about 106 foot in depth, the shortest depth. (Inaudible) Kingsford: (Inaudible) thank you Mr. Smith. Morrow: Gary, the next question I would have is would you comment on the engineering difficulties that may make this subdivision more difficult to comply with the ordinance than the Piedmont subdivision. Gary Smith, 3917 Kootenai, Boise, was sworn by the Attorney. ~, ~ Meridian City Council April 5, 1994 Page 26 Smith: There is a sewer line that exists from Clarinda Fair to the west and more or less the center of what is shown as State Street on Clarinda Fair and also on this plat, ties into State Street that stubs from Linder road to the east side of Linder Road. And that sewer line was installed at the time Clarinda Fair was developed. That provides sewer service to Clarinda Fair. At that time Mr. Navarro granted them and easement for the construction of a sewer line. From my standpoint I try very hard to keep sewer lines inside public right of ways and so Piedmont subdivision complies by constricting an extension to State Street over that sewer line and tha# is what we would envision for Navarro Subdivision also to keep the sewer line in the roadway. Other than that I don't know of any engineering difficulties that exist with Navarro Subdivision. Morrow: In terms of complying with the 80 foot minimum setback. Smith: I haven't attempted not have I been asked to make any kind of a layout on that subdivision to see how it could be done other than the way it has been presented. Any other questions that I can help answer? Kingsford: Any other questions for Mr. Smith, thank you Gary. ts there anyone else from the public that would like to offer testimony on this issue? Ted Hepper, 1440 East Ustick was sworn by the Attorney. Hepper: The question 1 have on Piedmont Subdivision, I would {ike to know the depth of their lots on the north side. I believe the north side of State Street they are 118, to match into our lots. I don't know what the depth of them are on the other tots. We had to match in with 12th Street, which is 118 or 120 and we have some lots that are 140 foot deep. A coupte of them I believe are 150 feet deep. We had to make them that deep because of the other streets that are tied in with it. We do have our 110 foot lots are 83 and 85, 90 and 93 feet deep. So, we do have more than enough depth there and others, when you start getting an 80 foot lot by 120 foot deep you are in for some Meridian Greens lots and that area does not quaiify for a 10,000 and 11,000 lot, 8,000 - 9,000 yes. We are above the 8,000 on all of them. And we have one there like they said at 14,000 feet. So, we still have the large Iots, we still have some on the north side and the center because of the depth. We have such tremendous depth ta them. And we started to get into 12,000 - 14,000 square feet lots in that area and the area just doesn't qualify for that big of lots there. Kingsford: Any questions for Mr. Hepper? Thank you Ted. Anyone else from the public like to offer testimony on this issue? Seeing none I will close the public ~ Meridian City Council April 5, 1994 Page 27 ~ hearing. Considerable testimony, entertain a motion to have the City Attorney prepare findings of fact and conclusions of law. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to have the City Attorney prepare findings of fact and conciusions of law, all those in favor? Opposed? MOTION CARRfED: Aff Yea ITEM #12: PUBLIC HEARING: ANNEXATION AND ZONING W{TH A PRELtMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION BY THE WESTPARK CO.: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Scott Marrow, 1283 East Borzoi, was sworn by the Attorney. Marrow: Mr. Mayor and members of the Council I first like to make mention that in visiting with the gentleman in the hall and looking over his notice that was sent from the City there appears to be an error. We are not requesting an R-8 zone, rather an R-4. Also, with that notice it lists about 300 and some odd lots that includes the entire subdivision of which phases 1, 2, and 3 are already in so that is a little bit misleading. I guess I would like to begin by explaining a little bit about the su6division. What we are talking about tonight is basically a 40 acre piece that was at one time considered but then tabled basically because it was not in the Urban Service Planning Area. We are back to have that particular piece annexed, the changes from the original submitted preliminary plat include basically 3 changes. One of them is on Puffin Street that is shown as a culdesac that street was then taken through and connected in to Hunts Bluff Subdivision to provide traffic to accommodate the Highway District. The second change was on Retriever Way originafly Retriever Way basically arced through the subdivision, basically directly from Overland and cutting the corner and meeting Locust Grove. That was changed also so as to help prevent traffic from cutting that corner and driving at high speeds through the subdivision. And the third change would be the addition of the second neighborhood park, this park is roughfy 1.2 acres, will include 2 full size tennis courts, off street parking and 2 major playground areas for children. That is basically the subdivision. With the annexation, welt I guess I`If bring this up also, with the annexation the 40 acres included a triangular piece of ground that was to the west • • Meridian City Council April 5, 1994 Page 28 of the canal there. Since the original submittal that triangle piece of ground was sold and our request this evening is not to include that in the annexation. So, we are basically asking to reduce the amount that we are requesting for annexation. Kingsford: I had a call just prior to the meeting with Mr. Fuller and he agreed that would be allowed to be annexed if it were not annexed it would constitute a total enclave for a very small parcel that would not be built on that will be peoples back yards. So he has agreed to do that. Marrow: Well, either way we have basically 3 different legal descriptions to accommodate the City with that. Kingsford: Any questions? Thank you, anyone else from the public that would like to offer testimony on this issue? Don Couch, 2280 South Locust Grove, was sworn by the Attorney. Couch: Well I appreciate the gentleman's comment about the mistakes on the letter, we were concemed about that initially. But 2 questions that I have, the park that is an addition. I haven't seen a map on that and where the location might be and I'm a little concerned about that. The second issue is the road that he discussed onto South Locust Grove onto Retriever Way. Where exactly is that road going to hit on South Locust Grove, there has been comments that the road is going to be in a different location then where it was proposed originally. Kingsford: Is the engineer present that could present that? Marrow: No. I can show him on the plat. Kingsford: While he is doing that I will mention that (inaudible) noticed as R-8 previously as R-4 and this one says R-$. Crookston: Correct, the original application for Sportsman Pointe they requested R-8. Kingsford: But this request is for R-4 and we noticed it incorrectly. If you are through with your comments to us and would like to go out in the hall with your map you are very welcome to do that. Couch: One thing, I hadn't seen that before that is going to dump that directly in front of my home. And I have a little bit of an issue with that, before it was up near the Charolais subdivision where it is closer to where Mr. Waitley lives right now. But, • • Meridian City Council April 5, 1994 Page 29 that is going to put that road right i front of ine and I am not real happy about the traffic that is going to develop right in front of my home. Kingsford: So, you are saying that lights for example coming out of that street will shine right into your home. Couch: Exactly Kingsford: Anyone else from the public that would like to offer testimony on this issue? Carey Frank, 2310 South Locust Grove, was sworn by the Attorney. Frank: My concem is also the same thing is the safety of my children as well as the constant cars going straight into our house from this subdivision. If they could be slid down to where it would line up with a natural break like the additional subdivision across the street where the cars could access it straight across the road instead of having to turn constantly in from of our homes. It would make a lot more sense. Kingsford: Thank you, anyone else? Seeing none I will close the public hearing. I assume Counselor that this represents a change in findings from P& Z with regard to the street alignment. Crookston: It doesn't represent a change as far as the annexation and zoning, it represents a change as far as the plat is concerned. So that is up to the Council whether or not you want to proceed with the annexation and zoning separately and address the questions that they had on the street planning as part of the plat. Corrie: Mr. Mayor, I understand you said there was 3 major changes in your preliminary plat from the beginning? Marrow: Well, I said 3 basic changes. Corrie: The ones that you told us about? Marrow: The ones I mentioned, Puffin Street, Retriever Way, and the park. For your interest if there are 12 less lots than the original. Kingsford: Any other questions from Council? Morrow: I have questions of Gary Smith and his comments and also Shari and her ~ i Meridian City Council April 5, 1994 Page 30 comments. I noticed that Gary has 13 items here with respect to the preliminary plat, can you address those and the status of those please? Smith: Mr. Mayor and Counciman Morrow I haven't heard anything from the developer or their engineer since I made these comments so t don't know what their response to them is. Morrow: So, they have not addressed any of these issues then? Smith: I have not heard from them no. I had some concerns as I mentioned in my review letter about the access point changing from where it was. Because of the sewer, the necessity of that sewer to continue either up Nine Mile Creek or up Locust Grove to serve property to the south namely Los Alamitos subdivision and also the Satmon Rapids subdivision. It is sewered by this line through Sportsman Pointe and there is a piece of property to the east side of Nine Mile Creek and the west side of Hunter Lateral that I'm not sure can get into a sewer line if it stays in Locust Grove Road. (End of Tape) So I need to make a final decision on whether that sewer line needs to extend up Nine Mile Creek or if it can extend to the South on Locust Grove road that decision has not been made yet. Roylance engineering has provided me with some contour information so that I have some elevation data to look at. And the other aspect of this is the sewer line coming out of Sportsman Pointe also has to extend to the north in order to serve the property at the southeast corner of Locust Grove and Overland. So, it has to get underneath the Nine Mile Drain as well. Tolsma: Can I ask you a question Gary, it says here show a stub street (inaudible) Salmon Rapids on the (inaudible) boundary. This plat here has no stub street going to Salmon Rapids. (Inaudiblel Smith: Not necessarily, a stub street from Salmon Rapids shown on their plat, 1 was just making a comment if we were going to have a stub from Salmon Rapids then we should have a stub from this subdivision to match up and make the connection. Kingsford: Any other questions for Gary? Tolsma: Do they have (inaudible) pressurized irrigation then? Smith: I haven't heard from any of them on anything Councilman Tolsma. Kingsford: You had some questions for Shari. Morrow: Her comments in her letter to us, the applicant needs to resubmit the plat i ~ Meridian City Council April 5, '1994 Page 31 previously presented as Sportsman Pointe No. 4, 5. The portion showing IV is what has previously been presented as Sportsman Pointe No. 5 and is now No. 4 the portion labeled as V should really be Sportsman Pointe No. 6, can you clarify. Also in the next paragraph the existing easements and 8,000 square feet so on and so forth, can you clarify that for me please. Stiles: Yes, Mr. Morrow, Mayor and Council, I believe you have an 11 by 17? Kingsford: I don't think it was attached to your agenda, it was put in your box separately. Stiles: That has been submitted clarifying the numbers they chose to develop in a different and that is the reason. I was just confused as I was looking at it and asked for that. I think that clears that up, I wanted you to know that those have been submitted previously and those were the numbers at that time. Morrow: Okay, and this action takes, this corrects what was wrong in the past. And then the comments with respect to the, it says it is not evident that there has been a provision made for pedestrian walkways, as there are lots that may not meet the minimum 8,000 square feet exclusive of easements. Has that been confirmed that these lots do meet the 8,000 square feet? Stiles: I don't think the easements are shown on that particular plat. So, I am still not sure if that is true or not. Kingsford: Any other questions? I guess the major issue here is the Council interested in handling the annexation and zoning separately from the preliminary plat or is it your desire to hold up the annexation until the preliminary plat has been remedied to your satisfaction? Morrow: Mr. Mayor, I think from my perspective this qualifies as one of those situations where there is substantial work that our staff hasn't done. I'm not personally willing to approve any portion of it until it is all completed. I think we are asking, Gary has 13 items, some of them are fairly major items. He's had no response as of yet from the developer concerning those. I think the issues with respect to the stub streets and coordinations with the existing or proposed surrounding subdivisions need to be all worked out so we get a clear concise picture of what is happening here. So, I am not willing to rryove for annexation and rezone independent of the preliminary plat. Kingsford: Is there a motion to table? ~ Meridian City Council April 5, 1994 Page 32 • Morrow: I would move we table until our meeting on April 19. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table this issue until April 19 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: PRELIMINARY PLAT FOR FINCH CREEK SUBDIVISION BY BORUP CONSTRUCTION AND HUBBLE ENGINEERING: Kingsford: At this time I will open the public meeting and invite the owner or his designee to speak first. Jim Merkle, 2150 Canter Place, Eagle was sworn by the Attorney. Merkle: Mr. Mayor, members of the Council, this preliminary plat application consists of 44 lots on approximately 42 acres located directly north of the Hunter Point subdivision. If you look in your packet under ACHD submittal there is a vicinity map that kind of shows the whole area. Directly north of the Hunter Point subdivision, directly west of Cougar Creek and Howell Tract subdivisions we are about a 1/4 mile west of Locust Grove and about 800 south of Ustick. This property was annexed and zoned R-8 in 1993 along with the Howell Tract preliminary plat. The applicant is proposing home sizes with a minimum of 1350 square feefi and an average value of S 125,000. Access to this subdivision will be from Howell Tract subdivision to the east, Cougar Creek to the East, Hunter Point on the south and then we are stubbing streets to the north to 2 locations as you can see them on the map there to the vacant pasture on the left one and the other one is stubbed into a subdivision that was submitted a month ago that will be heard for planning and zoning next week. We are also providing a pedestrian link between the (inaudible) area where the culdesac is. You can bairly see it, it is the light area over to the Cougar Creek subdivision. This is where the existing 18 inch South Slough trunk sewer has been installed. The applicant has participated in the construction and realignment of the Finch Lateral or as others call it the South Slough from Locust Grove to about 1600 feet west of Locust Grove approximately where the big blue line ends. During that construction they have allowed that 18 feet road on the north side of the relocated lateral for Nampa Meridian Irrigation Maintenance and a 15 foot wide area on the south for the City of Meridian's future p~thway. You have identified that in your Comprehensive Plan for the South Slough area. And they have constructed that from Locust Grove to that point right there. The applicant is also proposing to allow for • • Meridian City Council Aprit 5, 1994 Page 33 this extension through the subdivision to the west end of the project, it is the one that comes down on the bottom. However, the City needs to realize that for about 600 feet at the south end the Slough is on the property, the center of the Slough is on the property line so half of it is on Hunter Points property, it has already been platted. All the streets within the subdivision will be constructed to Ada County Highway District standards with a 50 foot right of way, 36 foot street sections and 5 foot sidewalks as required by the City of Meridian. Sewer, City sewer will be extended for this project. It will be extended from the 18 inch South Slough trunk which was constructed through the property just recently. City water, mains will be extended and provided from existing Cougar Creek Subdivision, existing Howell Tract, and existing Hunter Point. They will all be tied together. The Onweiler Lateral which is a Nampa Meridian Ditch, Nampa Meridian Irrigation Ditch along the north property line, its the blue line along the top. Depending on the pipe size and flow requirements required by the Nampa Meridian Irrigation District we will either do 2 things. One pipe the ditch or request a variance to fence it if the diameter of the pipe is in excess of 48 inches. The South Slough will remain open along the south in addition to irrigation access a natural drain and also it is where the City wants their future pathway. The applicant is not proposing to install pressurized irrigation at this time for this subdivision. That is my presentation, 1 would like to address Gary Smith's comments dated March 4th. Items 1 through 4 are minor and we will comply with those and change our preliminary plat to show that. Item #5, address the South Slough and the Onweiler issues, that was in my presentation here and in the Planning and Zoning Presentation. Number 6, there are a couple items on the legend he wants to address and we can clarify that for him. Number 7, we will agree to, that is the pedestrian access between the culdesac and Cougar Creek, shown there in white. That is where the trunk line sewer goes and he wants to have that accessible for maintenance of sewer he wants it paved and gravel. In our construction plans we will provide for that at the preliminary plat we don't' take care of that. We do that at the construction document phase. We will incorporate that in our plans. Item #8 we will comply with, item #9, I believe at the time that he wrote these the City had not received the Ada County Highway District requirements. But, in your packet (inaudible) and their requirements basically are to constrict in accordance to this approved plan. The stub street shown here is what they recommend and what they want to approve. On #10, prior to the final design regarding the drainage, there has been some drainage problems in this area o# town along Locust Grove because of the high ground water. Prior to the final design we are proposing to dig test holes to establish the high groundwater for the drainage design so we don't have a problem like fihere has been in some subdivisions in this vicinity. And items #11 and 12 can be complied with. Item #12, Gary is recommending or requiring that these revisions be incorporated into the plan and submitted to him so that during his review of the development drawings he can make sure everything is being complied with. We will • • Meridian City Council April 5, 1994 Page 34 do that. Shari had a letter in her packet here and I wanted to address those comments also. She speaks of the pathway issue and I have already addressed that along the Slough that an area will be provided and part of it has already been constructed. The City hasn't provided any specification standards for construction or requirements for what that pathway is to include. However, we have allowed room for it al third of the way through the project and we intend to allow room for the rest of the way through the project. regarding her comment regarding the collector street. ACHD is not requiring it in this subdivision and I would guess that they are going to require it to the 40 acre piece to the west of us is what they indicated in their tech review. I believe that covers all the issues that I saw in those 2 letters and if you have any questions I would be happy to answer them for you. Kingsford: Questions for Mr. Merkle? Morrow: You had a comment concerning the distribution of irrigation laterals of irrigation water to users and potential water users. Merkle: The only ditches, Councilman Morrow, and Mayor Kingsford and Council the only ditches that cross this property that deliver water further down stream are the Onweiler Lateral north and I have spoke about whether to pipe or to fence it regarding how big it is. There is another users ditch on the L part that goes up there is a users ditch that goes across there to the Wells property to the west and onto the other 14 acre piece that witl be piped as required by the City ordinance so we don't hinder the downstream water availability. Morrow: I think that is a private user ditch. Merkle: That is correct. Morrow: I think one of the things we are struggting with there is to make sure you interview those downstream users for any peculiarities that may exist with respect to sizing that pipe so they can make sure they have proper heads of water, proper flows and those types of things. Merkle: I understand, I was involved in the Howell Tract subdivision to the east and we piped that same ditch all the way so we dealt with them on a previous project it is the same pipe. Kingsford: Have you reviewed Mr. Mabe's letter of February 17th? Merkle: If it is in the packet I have, yes. • Meridian City Council April 5, 1994 Page 35 C~ Kingsford: Any comments as to where a site might be av~ilable? Merkle: I have not been personally involved in any of the surrounding areas in this section. This particular site is not really a nice place there is no collector access, there is no, I mean it just eats up the whole site if you were to put a park or a school site in this area. I would guess to the west there is a 40 acre piece that I befieve is coming in for an application and I think there is open ground further to the west. I'm not sure on your Comprehensive Plan if there is one identified in this area. 1 don't see one. Kingsford: I guess that would be something to do to visit with adjacent developments to see if one might be obtained. Merkle: In this section? Kingsford: Well he is addressing in this letter if you closely follow those that are well above capacity. They will need to have a site, he didn't specify specifically where, but they do need to have a site. Merkle: I understand Kingsford: Any other questions for Mr. Merkle? Anyone else from the public that would like to offer testimony on this issue? Don Bryan, 2070 North Locust Grove Road, was sworn by the Attorney. Bryan: t need some help with the location of this orientating on where it is exactly. I guess the only thing I have to ask the Council and the Mayor is how many more subdivisions are we going to pass through here and approve and keep building without pressurized irrigation systems. That is my only comment other than traffic and schools and everything else. Kingsford: Anyone else from the pubtic that would like to offer testimony on this issue? Seeing none I will close the public hearing, Counselor. Crookston: I don't think there has been significant changes. Kingsford: What is the pleasure of the Council? Morrow: I have a question with respect to the pressurized irrigation. It hasn't been addressed here. • • Meridian City Council April 5, 1994 Page 36 Kingsford: He did address that they were not proposing pressurized irrigation. I guess my question would be where are we at with our ordinance change pursuant to our joint meeting with Planning and Zoning Commission? Crookston: It hasn't gone any further to my knowledge. Kingsford: That was assigned to a committee and I don't recall who chaired that committee. I have to go back in the minutes to see who that was. We need to move on that I agree with Mr. Bryan. I have some grave concerns about the number of lots out there given the wells that we have been able to drill. Corrie: Mr. Mayor, is it our choice whether it is well fee or pressurized system that goes in there. Is it up to us not them? Kingsford: I would defer to the Counselor, how exactty is that worded? Crookston: Our ordinance right now they can go either way. Corrie: They can, we don't have a say which way they go. I think we need to posthaste on that one. We need to find out who it is you are right. Kingsford: Will you find that out tomorrow. Bryan: The last meeting down where Marty was putting through Los Alamitos you required him to have pressurized irrigation in his subdivision. And he said it was going to be the beginning of him and everyone down the line are going to have to start doing it. It is just a friendly reminder. Morrow: Mr. Goldsmith's comments were in response to my request for pressurized irrigation, quite frankly I'm a little remiss why we don't have the ordinance. That joint meeting was held almost 6 weeks ago now and so. And I think Mr. Goldsmith was kind of a voluntary compliance with request of the pressurized irrigation system. we don't have a heck of a lot of horse power without the ordinance. I guess my opinion here would be pressurized irrigation thing is a good concept and it is a good deal and quite frankly it probably ought to be something that the Borup's consider with respect to their subdivision. 1 might ask for their comments. Borup: The subdivision is kind of wedged against 2 other subdivisions and a lot of our intent was to be consistent with what at least the 2 major adjoined subdivisions, Hunters Pointe to the south and Howell Tract to the west. And basically what we are trying to do is to comply with being consistent with what they are doing not only as • • Meridian City Council April 5, 1994 Page 37 far as how the development is but also as far as covenants and other amenities. The one factor that we were looking at and also thinking of future home buyers, because of the interior location we do not have a major entrance, we do not have common areas that would be maintained by a homeowners association. And it was our desire not to se~t up a homeowners association with additional cost to those homeowners when we didn't have common areas or other things that would tie in with that. Kingsford: What we are proposing now and it was not our desire necessarily to force people to have pressurized irrigation without there being some entity that operates other than the homeowners. My concern why we went back away from having pressurized irrigation was because people put it in and it would never be operated and people would hook to City sewer and water and we were having to impact our wetl anyway. We charged a lot fee but now we have an entity Nampa Meridian Irrigation district that witl maintain. Our desire is and they have a standard set that (inaudible) their standards and the homeowners have don't have to deal with it. And they put it in and maintain it and the costs are cheaper actually to the homeowner. Besides which when they pay their irrigation tax every year they see that they get something. Borup: I guess I'm not aware of the change, I was used to seeing how it operated the other way and build a number of homes and like you say just think they are not being used. Kingsford: Well, our hope is to Mr. Borup that even though you have adjacent property that is using City water that those things will be retro fitted at some time and more and more people will start using that irrigation water. I guess in echoing Mr. Morrow's comments we would like for you to consider that even though we don't have that farce of ordinance at the moment. Borup: Can I ask a question along that same line then, would the irrigation still maintained by the, I mean water sources there. So we are just talking the irrigation season that the water is available and people would still have to use. Kingsford: But again for them to do that, it takes a tremendous load off the City wells. The peak irrigation season when it is hot is when we have to run additional wells for that peak season. {Inaudible) In addition to thafi the irrigation district is looking seriously at some surface wells that they can charge that system a little earlier and later. Borup: Okay that is what I was wondering if people put in irrigation sprinkler systems they have to end up doing a dual system. • • Meridian City Council April 5, 1994 Page 38 Kingsfiord: We have a (inaudible) Borup: This is comments I have heard from homeowners. Morrow: The long term intent here is that the system will be pressurized since we have a tremendous problem particularly in this area. More so in this area than in the rest of Meridian with surface water that in Nampa Meridian's presentation to us they were strongly encouraged to water those systems with shallow wells. And in the larger subdivisions that wish to handle it with a homeowners association the cost of shallow wells and providing water early and late was almost minimal. So I think that in your subdivision here that small doesn't have a lot in common with, for common areas and that type of thing that the pressurized irrigation system under Nampa Meridian's management would solve some of the problems of a homeowners association or an in house management that wouldn't exist anymore. Kingsford: The public hearing is re-opened. Marty Goldsmith, 4550 West State, Boise, was sworn by the Attorney. Goldsmith: ! apologize for any inconvenience Mr. Mayor and members of the Council. It was my intention in my subdivisions that I presented to you before not to put in pressurized irrigation. And I understood that it was going to become a requirement at this point I understand it is not a requirement nor is it a requirement by the Nampa Meridian Irrigation District at this point. ! just wanted to say that it would be unfair for my subdivision to go in there with pressurized irrigation and everyone not to. Kingsford: Anyone else want to reload? I will close this thing again. Counselor, what +s the extent of the damage now? Crookston: This is just a preliminary plat, so there are no findings. Kingsford: Councilmen Morrow: I have a question for the Counselor with respect to the pressurized irrigation issue to beat it death, give n it is a preliminary plat and that actions that we take tonight without an ordinance. I mean he is absolutely right if we don't have the power of the ordinance and we don't have voluntary compliance then we basically don't have any help right now for the pressurized irrigation, is that correct? Crookston: That is correct. • • Meridian City Council April 5, 1994 Page 39 Morrow: So, if Mr. Borup through his negotiations with Mr. Smith agrees to a pressurized irrigation and Mr. Goldsmith is voluntary in terms of his doing the pressurized irrigation so that system there that would speak to a certain amount ofconsistencyy. Where would that, if it is negotiated between Mr. Borup and the City at what point would that enter into, is that in the development agreement that will be forthcoming or just, how does that get injected into? Crookston: If the property has not previously been annexed it can be a requirement of the annexation. If it has already been annexed, but our ordinances do not require it all they have to do is meet what our ordinances require. Morrow: And this property has been previously annexed? Crookston: I assume it has, at least. I think it has been annexed for some time. Kingsford: Other questions? Mr. Morrow? Morrow: I have no further questions, it seems to me like basically we are in a catch 22 position. We need the pressurized irrigation and we can't force anybody to put it in at this point in time until we have the ordinance. By the same token Mr. Goldsmith's comments are absolutely correct if nobody else is going to do it voluntary neither should we require him to do i# until we have the ordinance. My direction here would be that we move to approve the preliminary plat as submitted. And I hope that by the time it becomes a final plat before us here that the pressurized irrigation is a part of the package. And I understand that would be strictly voluntary on their part. Kingsford: Is there a second to the motion? Tolsma: Second Kingsford: Moved by Walt second by Ron to approve the preliminary plat for Finch Creek Subdivision, conditioned upon the particular conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, may I ask Mr. Borup a question? Woutd you give that pressurized system a consideration. If they eventually go to it, it will be cheaper to do it now on a cost basis I would think. I guess my question to you is if you would give it some consideration at this point? • • Meridian City Council April 5, 1994 Page 40 Borup: Yes, we really haven't looked at it too much and talking to the engineer, but would that be with Mr. Smith? Corrie: Right Borup: That was one of our thoughts, the benefit to have one system with subdivisions surrounding it not on it. Corrie: Perhaps the others would go on and after they find out it is a lot cheaper to have irrigated water than it is to have City water. That is just my though to you. Kingsford: Of course the other side of the coin is it gives you a competitive sales advantage too as it does Mr. Goldsmith even though it will cost a little more upfront it is going to be a selling feature to those buyers. Borup: I think we can get year round water in the past it has not been a sales advantage it has been negative for some of them. And they have chose not to even put their sprinkler system on it because they didn't want an interruption of senrice and hauling the hoses the rest of the year. Kingsford: We had testimony from, who was it Mr. Morrow in Boise that had done several? Morrow: Dennis Baker Kingsford: That they are pleased with some of the systems they put and of course they were not managed by Nampa Meridian, but he was a reat voice in favor of pressurized irrigation. Corrie: Mr. Mayor, 5 minute recess. Kingsford: 5 minute recess for the people with the need. 5 MINUTE RECESS ITEM #14: PUBLIC HEARING: ANNEXATION AND ZONING FOR SUMMERFIELD SUBDIVISION BY MAX BOESIGER AND HUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. . • Meridian City Council April 5, 1994 Page 41 Jim Merkle, 2105 North Cantor Place, Eagle, was sworn by the Attorney. Merkle: Mr. Mayor, members of the Council I'm here tonight on behalf of Max Boesiger the applicant. On your little vicinity map in your packet you will see the original Summerfield Subidivision that was annexed and has been developed in phases over the last 6 months. Down in the lower right hand corner is a little .74 acre piece and that is what we are talking about tonight. This .74 acre annexation and zoning request is located along Ustick road in the southeast corner of Summerfield Subdivision. This area would have been included in the original annexation and zoning request along with the Summerfield subdivision which was approved last summer however at that time the actual property line in the negotiation between the developer and the homeowner that lives in that house there, they had to decide how much property they wanted to keep out. Now the actual location of the property line between the subdivision and the existing residents has been agreed upon and there is a littte bit that can be added into the subdivision. That is what we are here to request annexation and zoning. I read Wayne Forrey's comments and agreed that this area would be subject to the conditions of approval of the Summerfield Subdivision and regarding the development agreement and everything that is in that issue. However, when I read the findings of fact and conclusions of law that were from Planning and Zoning on page 6, lines 4 through 14 I believe were possibly taken from another project because they refer to things that don't have anything to do with Summerfield subdivision. It talks about the fire station, Nine Mile Drain and bridge and I think those were taken from a different subdivision. I would request that if you approve this that you omit fihat. Kingsford: ! don't think there is anything wrong with you moving Nine Mile Creek up there. Corrie: And put in a pressurized system. Merkte: And by the way Summerfield subdivision is on pressurized irrigation. Kingsford: Any questions for Mr. Merkle on that? Morrow: I have a question with respect to ACHD's comments, site specific requirements number 2. It says direct lot or partial access to Ustick Road is prohibited in compliance with District policy. Block access restriction shall be stated on the final plat. Merkle: That is correct. • • Meridian City Council April 5, 1994 Page 42 Morrow: So how are you doing that? If i understand that correctly that means that how you get to Ustick how do you service this piece of property? Merkle: When the final plat is submitted (inaudible} this road will be changed to lop up here and the lots will be off that road interior, not on Ustick. Morrow: Okay, so when the final plat is submitted what happens is that these lots will come through here and access the road there. Merkle: Exactly, we will comply with that because there won't be a road there. Corrie: Will you be changing your plat because of that? Merkle: Not the final plat? The preliminary plat will be modified in that area. We have not submitted a final plat yet. It has been submitted, it hasn't been approved or heard yet. Tolsma: (Inaudible) Merkle: Right, I apologize I probably should have shown that. (Inaudible) so we won't, we couldn't extend this out because it would be in violation of the ordinance. so, it makes it a better deal to (inaudible). Corrie: One question now, so I get this correctly. This .74 acre that is in No. 27 Merkle: No, it is a future phase of Summerfield. Kingsford: It is a different owner, Mr. Voight is the owner of the rest of Summerfield, this particular parcel was purchased from the owner of that house. There was an effort to option that legally by Mr. Voight, but the motion ended up with, so it is a separate, but it will be called Summerfield 3 or 4. Any other questions for Mr. Merkle. Anyone else from the public that would like to offer testimony. Tom Davis, 2740 East Ustick, was sworn by the Attorney. Davis: When Mr. Voight had this little property here, we had a verbal agreement that he would construct a fence between my property and that property to kind of contain some of the construction refuse that blows to keep off of my agricultural fields and I just would like to make sure that will be complied with by the new owner. Kingsford: Will you carry that forward to Mr. Boesiger? A fence to be constructed • • Meridian City Council Aprit 5, 1994 Page 43 to keep construction refuge from blowing across onto his agricultural property. That might very well be a requirement of the final plat. Davis: I had just a verbal agreement with Mr. Voight for that 1/4 of a mile stretch between my property and his property. He is the one that annexed it in and zone changed it. Merkle: (Inaudible) Davis: Well, just something ihat there is a pretty good west wind and I am already pricking up a lot of card board boxes from Summerfield on the corner and it just keeps coming this way. Something that would retain that refuge that blows because when they bu+ld these houses we get a lot of ref~ge. Kingsford: A lot of those areas the Counci! has already required that a permanent fence be set up to separate agricuitural land from subdivisions. So, 1 would assume that it would Council's intent that not be temporary but permanent. Morrow: If I rnight expand on Mr. Davis's comments Jim the issue here that he is really dealing with it is my understanding that according to he and his wife's tetter that they run a dairy operation and quite frankly they are raising their food in house. Us in the construc#ion industry are not the best citizens in terms of next door neighbors. Quite frankly in his case it means the very life of a S 1500 cow. If there id debris in the food than of course it kills them. So, I would think from perspective having been thought hat personally that it would be continent upon us as the construction industry to make sure that it doesn't happen. And I think speaking for myself also that probably the fencing requirement from my position would be mandatory and permanent and protect his rights as well as Mr. Boesiger. Merkle: (Inaudible> Craig Groves, 7633 Emerald, Boise was sworn by the Attorney. Groves: In regards to the fencing there between the Davis property and the Summerfield property. Mr. Voight does have a written agreement with Mr. Boesiger to provide that fencing. I would be happy to provide a copy of that to the engineer and to Mr. Davis. Kingsford: And to the City please. Anyone else from the public that would like the opportunity on this issue? Seeing none I wiil ctose the public hearing. Council members? The appropriate motion is to direct the City Attorney to prepare an • Meridian City Councii April 5, 1994 Page 44 . ordinance for annexation and zoning is that is your desire. Morrow: Is tonights testimony substantially change or alter the findings of fact and conclusions. Crookston: No Corrie: We can straighten up the bad part there. Crookston: Certainty there appears to be a part. Kingsford: Unless you took your shovel and re-routed Nine Mife Creek. Crookston: Well, I use to dig around ditches when I was a kid. Kingsford: Entertain a motion to approve the findings prepared by P& Z. Corrie: Mr. Mayor, on the ordinance wilt we have that in there about the fence, will that be a part of the ordinance? Crookston: Normally it wouldn't Morrow: Could it be part of the preliminary plat. Kingsford: Preliminary plat or development agreement, we are going to want to see that before we move forward beyond this point. Morrow: So, at what point do we now put in the ordinance as part of Mr. Corrie' motion or do we see that before it moves. Crookston: You can put it in the ordinance if that is where you want it. What is your advice, certainly at annexation you have more power to do it an place else. Maybe that ordinance is an appropriate place. Morrow: I would move that instruct the City Attorney to prepare an ordinance annexing (End of Tape1 Kingsford: Findings of Fact and conclusions of law on the annexation request for Summerfield by Max Boesiger, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea r~ u Meridian City Council April 5, 1994 Page 45 MOTION CARRIED: All Yea ~ Kingsford: The next thing would be to direct the City Attorney to prepare an ordinance and your desire to add to that the fencing requirement. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare an ordinance annexing and zoning of the Max Boesiger into Summertield subdivision and including a provision for requirement of fencing between the Davis property and SummerField, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Merkle Merkle: You approved the findings but you are going to exclude the part that doesn't apply? Kingsford: He is going to research that and strike the appropriate. Merkle: The other thing was the ordinance (inaudible) fencing that is only to do with this annexation, because we are talking about (inaudible) it is only a requirement for that portion. Kingsford: I am not sure I understand what you are talking about, we are talking about fencing all the property that borders the Davis's. Merkle: It is the particular annexation that we are taiking about. Kingsford: I don't think we can force you to fence somebody etses, but certainiy that will comply with the rest of the Voight. Merkle: (Inaudible) you are going back (inaudible). Kingsford: Well, it is my understanding that from Mr. Groves that relates to that. So that whole property would be fenced, am I right Craig? Crookston: But what is in the ordinance is on}y going to apply (inaudible). C~ Meridian City Council April 5, 1994 Page 46 ! Kingsford: (Inaudible> to enforce that whole thing as we get that letter. ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETT'S MEADOWS BY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to speak first. Ron Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is ~ proposal a request of annexation and zoning of some property 15 acres approximately south of East Calderwood and East of Meridian road. The proposal is for a subdivision of 39 lots. I guess to cut it real short so we can all go home, the only thing that I am questioning is a comment by Wayne Forrey in his letter about constructing a pedestrian bridge to access Lot 8- Block 1 which is a triangle parcel. It is on the east side of Ten Mile Creek, that parcel is pretty much landlocked and very difficult to get to, 1 submitted a letter to the city which is included in the second to the last page of the packet. In the letter it really, my initial statement was to offer the parce! to the City as a mini park, but it appeared that since it is so landlocked, the next page is kind of an excerpt of 3 subdivision and where the parcel sits. It is really landlocked and it really can't be used or have good access for a City park so what I have done is contacted Steve Anderson who is a developer of Running Brook and had some discussions with him to see if we could integrate that parcel in with his subdivision. Kingsford: Mr. Smith, Terry, before you get out of here the name of that subdivision that you wanted to know is Running Brook, now you can go home. Sorry to interrupt. Henry: We have had some discussions on how we are going to integrate it and I think the main point of this is the fact that in the condition of approval it states that we have to put a pedestrian bridge, a 20 foot right of way or access between parcels 2 and 3. And I really don't think that is really a feasible approach or solution to the problem. Other than what is stated in there that is my only concern. I have had some discussions with Mr. Forrey about, I know he is here. He might give a word or 2 about our discussions. Kingsford: Any questions for Mr. Henry? Yerrington: What size is this parcel of land Mr. Henry? • • Meridian City Council Aprii 5, 1994 Page 47 Henry: !t is approximately 1 and 1/4 acre. Yerrington: What is the dimensions do you know? Henry: It is 300 on the north side, 400 on the east side and 500 along the creek. Yerrington: Thank you. Morrow: Have you reviewed Mr. Smith's comments? His 15 or 14 points in the follow up point #16 with respect from Bruce Freckleton concerning domestic water and sewer on Lots 2 and 5 on Block 5? Henry: Yes Morrow: And you are in agreement? Henry: Yes, there is no problem, I have no problems with any of the requirements except the one that I just mentioned. Kingsford: Mr. Henry did you see Mr. Gary Smith's possible proposat map here? Henry: I did, well, I talked to the Fuller's whether they would be interested in any of this parcel and they basicalty said no. And, atso I taiked to Steve Anderson and I think we have a couple ideas on it that could be used very well. Also we have one idea to the fact that we could possibly use this, set this up as one large parcel with acquiring one of the parcets as an access to the lot. And that was an idea, but I think we hadn't really come to firm decision on how to do it yet. Kingsford: Of course a major concern that we would have is that access to the drain and the proposed bike path. Henry: As far as the proposed bike path on both sides of the cresk I am complete)y in agreement with it. We will provide whatever the City would like to have in there. I have no problem with that. Kingsford: Thank you very much, is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Counselor. Morrow: Mr. Forrey, your comments concerning this please. • Meridian City Council April 5, 1994 Page 48 • Forrey: Mr. Mayor, members of the Council, and Councilman Morrow, when I reviewed this project and I saw that triangular remanent the first thought through my mind because it is next to the creek was there is a mini park that the City could work with the developer on. And the developer was gracious enough to consider that and at the Planning and Zoning Commission offered that, that if the City was willing to take that over for ownership and maintenance that might work. Since then though, I think he has realized the City may not want something that small. And it is a little more landlocked than 1 originally thought. So, the major thing I was looking at when I commented on that as Planning Director was that some component of recreation be integrated into that subdivision. As long as a bike path is there I think we have accomplished that goal. So. the mini park idea is not feasible as long as we have that bike path I think we are in good shape. Kingsford: Your request Mr. Henry for preliminary plat, I guess we don't have a clear preliminary plat. You are basically asking for annexation and zoning are you not. Henry: No, I'm sorry we have submitted a preliminary plat along with this, there are 3 or 4 copies of it throughout this packet. Kingsford: i misunderstood your corr~ments to say you had some ideas. Henry: A little confusing, there is one plat in here that shows only the first 10 acres and then during the discussions with the Planning and Zoning we had the opportunity to acquire another parcel which added some lots. So, we revised the preliminary plat which you see. That is a big version of it right there. Kingsford: I guess Mr. Henry we are looking at a couple different things here, this Fawcett's Meadows, would you explain to me how you plan to access that lot? Henry: If you look at the last map in the packet it shows the adjacent parcels in Running Brook, one idea, well there are several ideas that I have. One is to extend each of those parcels and we will basically divide up that parcel and add to parcels 1, 2 and 3, that is one idea. The other is for us to acquire parcel 3- Block 2 and use that as an access to the parcel and leave Parcel 8 as a large parcel and just basically develop that into. Kingsford: So that parcel Lot 3 would not be a building lot? but Lot 8 that you are proposing here would be? Henry: Right, Lot 3 is really a substandard lot anyway. So, what we thought is we could use that as the access lot and build a very nice project and just have one lot C~ Meridian City Council April 5, 1994 Page 49 • rather than to try to divide it up. It is a very similar lot in Meridian Greens probably just south of Ten Mite Creek on the other side of the Creek there is a large triangular piece about an acre. Somewhat the samesituation is kind of an odd parcel was sold off as a very large parcel. Kingsford: I guess an issue is we are approving a plat that has no access, am I right? Henry: That lot does not have any access that is right. Kingsford: That lot is the plat. Henry: That is right. Morrow: I think my question is of the Counselor, how to deal with the plat with a lot that has no access if that is what the issue is here. I think he has indicated that we can move the strike the findings and facts in terms of that parcel going to the City and that solves that part of the probiem but I guess the bigger issue is how do you get the. Crookston: Well, you can certainly annex and zone, the concern is in the platting. Kingsford: Weli, we are asked to deal with the preliminary plat, so that is something that we deal with jointly. Crookston: You don't have to deal with it jointly, but you can. Morrow: Weti, how are we going to deat with it jointly if we don't have any idea of what is going to happen with the parcet. We have 2 or 3 choices here with respect to the parcel and that is not very definitive in terms of what we are buying so to speak. I don't have a problem with doing the annexation but I have a bit of a problem doing the preliminary plat without that issue resolved. Kingsford: 1 agree, if that is your pleasure then let's look at the findings approval and annexation and zoning and table the preliminary plat. Morrow: So moved Tolsma: Second Kingsford: Discussion • Meridian City Council April 5, 1994 Page 50 Crookston: Better adopt the findings • Kigsofrd: I think that Walt ran a blanket thing here and I think I will clarify that. Its been moved and seconded to approve the findings of fact and conclusions of law as prepared, roll call vote. Morrow: Clarification, I think the motion should exempt the references in the findings of fact to that parcel going to the City. Tolsma: Second approval to that ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All yea Kingsford: Entertain a motion then to have the City Attorney to draw up an ordinance annexing ~nd zoning the aforementioned property. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City Attorney draw up the ordinance annexing and zoning this property, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Is there a motion to tabie the preliminary plat until there is a remedy for Lot 8? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the preliminary plat until the issue with regard to landlocked Lot 8 be resolved, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Any questions on that Mr. Henry? ~J Meridian City Council April 5, 1994 Page 51 • Henry: Can I come back to you next meeting with the solution? Kingsford: Yes, we have to table it until next meeting which is April 19th. We will want to see and hopefully you will have that to us the Thursday prior so the Council will have an opportunity to review it. Henry: If I acquire a lot option agreement on that particular parcel with that satisfy the Council? Kingsford: I woufd say it probabiy would for me. Again we encourage you to have that in the Thursday prior so the Council has that in their packet to review. ITEM #16: WATER/ SEWER/ TRASH/ DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the ~ight to a predetermination hearing at 7:30 P.M. April 5, 1994 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your City sewer/ water/ trash bill is delinquent, you may retain counsel. Your service will be discontinued on the 13th of April 1994 unless your payment is received in full. Is there anyone from the public that would like to contest their sewer/ water/ trash biN delinquency? Seeing none I wiil entertain a motion to approve the turn off list. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: You are hereby informed that you may appeal or have decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is 59,031.00. ITEM #17: APPROVE BILLS: Tolsma: So moved r~ U Meridian City Council April 5, 1994 Page 52 Yerrington: Second ~ Kingsford: Moved by Ron, second by Max to approve the bills, all those in favor? Opposed? MOTION CARRIED: All yea tTEM #18: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Thank you Mr. Mayor, Council members, first item that I have this evening is we have a pathway project that is underway as you may remember along Five Mile Creek firom Linder Road to Meridian road. And this is a project that we whereby receive some CMAQ funds, 80°~ of the project cost through CMAQ grant process Ice Tea, intersurface transportation something act. That process of the project Wayne Forrey has been in contact with a consulting engineer of Meridian Civil Survey Consultants Inc. and has secured a approval from the State to use them as our consultants. I have received from them 2 copies of their proposed engineering service agreement which I would like to present to the council tonight for your approval and signature if you so approve. It is quite an extensive agreement. They utiliie a standard format that the Idaho Transportation Department uses for interstate projects I betieve, so it doesn't lack for size or quantity of pages, 20 pages to be exact. But, basically it is for 1.25 miles of bicycle pedestrian pathway along Five Mile Creek it will be a 10 foot wide pathway with a 2 foot shoulders. There is surveying involved in this and legal descriptions for easements. It may not seem as a very big project to you , there are a lot of pieces that have to be dealt with. I think the total amount that the engineer has proposed and he is proposing this on a time and material not to exceed bases of 524,766.69. Morrow: Gary, is there a reason it is not a fixed bid as opposed to T and M not exceed? Is there something unique about the project that makes it difficult to fix bid? Smith: Well, 1 think that there is some, I don't know, f guess I don't know the answer to that one Walt. One of the rules here in being able to select a consultant the way that Wayne was able to select is that the engineering agreement cannot exceed 525,000 once it goes above that figure then it becomes a real drawn out process of interviews and requests for proposals and that whole 9 yards. I don't know the answer to your question as to why it couldn't be considered a fixed. Generally speaking as I recall from the days that I worked on engineering agreements, fixed cost contracts sometimes have a tendency to be higher because of some of the • • Meridian City Council April 5, 1994 Page 53 unknowns that you may have in a project. You want to cover yourself so you through that money into a fixed cost to make sure that you are covered. Civil Survey has I think given it their best estimate of cost because there is an extensive mandate breakdown here as part of the State's requirement to arrive at this cost. There are numerous line items that they assigned mandates to. And then based on their salary cost and their overhead cost and their profit margin and so forth they have come up with this figure. I think that from their standpoint the mandates that they have shown here are just their estimates. It is kind of hard to put, you don't have a 2 x 4 wall to build and it is so many feet long and so many high and you can really count the sticks and so forth and you have a real good idea what it is going to cost. I think here they are estimating mandates and that is why they have proposed it on a time and material not to exceed basis. Morrow: And you are comfortable, typically a problem with T M fixed is when it gets to the fixed point you guys just leave, you are comfortable with those mandates that the T M fixed in terms of the engineering? Smith: Oh yes, they will have to finish the job at that basis. I have worked with Tim burgess and Glenn Bennett before they did Well No. 15 for us and they are extremely thorough and they do a very good job and they are very reasonable. Kingsford: He is asking for approval of those documents, signed if that is the inclination of the Council. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve the engineering agreements, all those in favor? Opposed? MOTION CARRtED: All Yea Smith: Thank you Mr. Mayor and Council, the next 3 items deal with license agreements with Nampa Meridian Irrigation district. The Eight Mile Lateral Crossing is, what they are doing now just as a note of explanation, Nampa Meridian enters into an agreement with a developer if they are the ones making the crossing. It is a primary agreement whereby the developer or his contractor is responsible to Nampa Meridian during the construction phase then once the construction is complete and the City accepts the line whether it is a sewer or water line Nampa Meridian writes an addendum and what that addendum does is transfers the responsibility then of ~ \J Meridian City Council April 5, 1994 Page 54 ~ U maintenance of the facility, water, sewer line to the City and then we have the agreement of the crossing between the City and Nampa Meridian. Up to that point the agreement is between the contractor or the developer and Nampa Meridian. And I think it is a lot better way to handle it because we don't have a whole lot of control over how the project is built, how the crossing is made, what damage might occur. This way Nampa Meridian is dealing directly with the developer and we are not involved in it. They are doing the work and so forth. So, these are what we call addendum to the original license agreement that Nampa Meridian has dealt with the developer for. The Eight Mile Lateral Crossing, Wayne Crookston has reviewed, didn't have any problem with it. Again we don't sign the addendum I don't propose that you sign the addendum until the work is done where there is a sewer and water line crossing and we have accepted it. Once we have formally accepted it and it is all finished then that is when I would ask for your approval for the Mayor and the City Clerk to sig~ the addendum. Eight Mile Lateral and Finch Lateral and Ten Mile Creek are all. Ten Mile Creek is in Meridian Greens, the Finch Latera! Crossing is a result of Lansbury Lane subdivision, and that is the one out on North Meridian road that we had go rounds with irrigation problem. And the Eight Mile crossing is out on Ten Mile road and it has to serve Parkside Creek with a water line and that hasn' t been made yet. The Finch Lateral crossing is complete, the Ten Mile Creek crossing is complete. And so those addendum I would request be signed. Wayne on your question on that of site easement that is completed so we do have permanent easement off site. Morrow: So, as a point of clarification what happens is Nampa Meridian is responsible for the inspection and compliance with the contractor for the restoration of the ditch bank or whatever work is done there. And then our guys inspect the piping be it water or sewer. So, then through this agreement simply formally state that we are accepting the responsibility of the pipes have been built to our specs and Nampa Meridian has all the responsibility to make sure their ditch is okay and by virtue of this agreement they have no come back against us for that ditch construction. Smith: I believe that is correct. Crookston: Well, unless for some reason there is erosion or something like that because of the installation. Kingsford: If we broke a pipe and ruined their ditch we would have ~inaudible). Smith: And they have, there is always a paragraph in their agreement that says that if we are not good neighbors and we don't maintain our system and we cause them problems that they can tell us to fix our problem if we don't do it they will fix it and • Meridian City Council April 5, 1994 Page 55 ~ charge us or they will take it out. That paragraph exists in everyone of them, and Wayne and I have talked to their attorney severa! times and they don't wiggle a bit. That is fine because we don't intend to do anything other than to take care of our facilities and not cause them any grief. So, I guess I would request your approval to have the Mayor and City Clerk sign those addendum for the Eight Mile Lateral crossing at Finch Lateral and Ten Mile Creek crossing license agreements with Nampa Meridian Irrigation District. Yerrington: I will make the mofion that we give the authority to the Mayor and City Clerk. Tolsma: Second Corrie: Point of information Mr. Mayor, would that give them when Eight Mile is done then they can also do it then. Smith: Yes that is what I would request. Kingsford: Moved by Max, second by Ron to have the City Mayor and City Clerk sign the license agreement addendum, all those in favor? Opposed? MOTION CARRIED: All yea Smith: I've got 2 other little items if I could Mr. Mayor. The first one has to do with a bid that we did on the 24th of March for construction of our Ultra Violet disinfection facility at the waste water plant. And this is the facility this is the structure to contain the Ultra violet equipment that we previously bid and it is in the process of being manufactured now. I would like to pass this bid summary out to you at this point. As I mentioned this bid was held on the 24th of March the bids were opened here at City Hall and we had 4 contractors respond to our request for bids. Trammels Inc. from Boise, Ross Enterprise, I believe they are from Boise also, Barden Construction, who by the way did our phase 2 on downtown redevelopment, and Ewing company who built our City Hall. Trammels Inc. is the low bidder at S ~ 30,800, second low was Barton at 5134,170. At the bottom of the bid summary you will notice that there are a couple of notes there. A question has been raised on Note No. 2 and I spoke briefty with Wayne about this and he hasn't had time but he would like to look at the bid document specifically. Barton Construction requested us to look into the fact that Trammels had removed and submitted the required bid forms without the remaining bound contract documents and specs. And there is an item in the specifications that state that the document is to be submitted in total. The engineer that assisted us on this project, Keller and Associates Dennis Sukinen • • Meridian City Council April 5, 1994 Page 56 his feeling is that some minor irregularity and it was his recommendation that we award the bid to Trammels based on their low bid. Everything else in the bid was complete there were no discrepancies and that was his recommendation. As I mentioned Wayne hasn't had a chance to look at specifically in the bid document. But, I know that it has happened before because I have seen bids come where the bid, the specific bid schedule pages where the contractor has signed have been separated from the document and they have just sent that much into us for a bid opening. And other contractors would send the entire booklet back so I guess one thing to consider is if you are going to type your bid out and it generally says that it will be typed or printed in ink, it is a little tougher to do if you keep it in the booklet. You have to take it out and put it back if you are going to type it or you fill it out in ink. I guess my request would be if it is appropriate to award the bid to Trammels Inc. subject to Counselor Crookston looking at this item. Would that be appropriate Wayne or is it appropriate to waive that irregularity and move on with business. Kingsford: Or table, we have how many days to? Smith: Well, I can't tell you exactly Mr. Mayor where we are for timing. I know we are getting close. EPA has got us under a schedule to get this disinfection in, built and under operation. I don't know that 2 weeks is going. Crookston: That is our time problem what EPA is telling us (inaudible) Kingsford: (Inaudible} a motion to award the low bidder according to Mr. Crookston, if he rutes Trammets is to be not in compliance than the bid would go to Bartons. Morrow: So moved Yerrington: Second Kingsford: Morred by Walt, second by Max to award the bid to Trammels Inc unless their bid is inappropriate in which case it will be awarded to Bartons, all those in favor? Opposed? MOTION CARRIED: All Yea SmitM: Thank you Mr. Mayor, now that won't have to come back to Council then just based on what Wayne rules. The second item I have is we had another bid opening on March 21 st for purchase of a liquid sludge applicator truck I would like to pass out the results of that bid. • Meridian City Council April 5, 1994 Page 57 • Kingsford: Mr. Smith one thing that I might ask since you are concerned about timing is that a need that the Council approve the Mayor to sign the notice to proceed to the low bidder. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to authorize the Mayor to sign notice to proceed with the appropriate contractor, all those in favor? Opposed? MOTI~N CARRIED: All Yea Smith: On the 21 st of March we opened another bid, we budgeted to place our sludge truck which we affectionately refer to as big wheels and Big Wheels has been hard pressed here lately to maintain its composure on the roadway. Its been breaking springs and just generally having a terrible time. Kingsford: It lots its load has it. Smith: No, not yet. The tank itself is holding up its just the poor old truck that is packing the tank that having trouble. We sent out 4 bid documents to various people and they are all, I think they are all in the mid-west. For some reason or another they build a lot of these trucks back there. Out of the 4 that we sent we received 2 back. One was from an outFit called Field Jimmy the other was from Ag-chem. As you can see there is a considerable difference in the bid amounts. I have tried to describe some of the reason for this in the text that is underneath the bid results. 1 will just kind of read through it if that is alright. A significant amount of bid review has been done by a consultant on this project Harry Erns of Erns and Mason consulting engineers. The field jimmy truck is known as a conversion unit meaning that it uses a GMC medium duty frame and components from other sources are then attached to it to complete the applicator unit. The Ag-chem is a custom built truck and is marketed as a terrorgator and is probably known as the cadillac of the sludge applicator truck. Our existing applicator truck is a conversion unit known as Big Wheels and we have owned it since the Wastewater treatment plant was built and opened in 1979. The truck wasn't used much in the early years because of our limited growth. In the past few years it has been used a lot and at this time we are hauling sludge 7 days a week during the good weather. As development continues we are having to haul greater distances because the farm land is being subdivided. We need to have a reliable unit and one that can be serviced if it becomes necessary. Big Wheels has become very difficult #o maintain because the company that built it • • Meridian City Council April 5, 1994 Page 58 is out of business. Parts availability is catch as catch can and the maintenance cost have increased significantly in recent past because of the increased use. One major problem has been spring breakage because of the corrugated fields and the heavy load of sludge. It is unfortunate that we did not receive a bid from each of the 4 plan holders so that we had more comparisons to make. It has been very difficult to make a decision but your staff feels more comfortable with the Ag-Chem unit because of the conversations they have had with the local users of this truck and experiences these other users have had with conversion trucks under heavy usage. One item remains to be finalty resolved and that is t~e dimension of the Ag-Chem unity to make sure it will fit into the shop bay of the control building. Where it will need to be housed in the winter months. It is our recommendation that the bid be awarded to Ag-Chem equipment company of Minnetonka, Minnesota in the amount of S 119,996.00. As you are probably aware each time you present a project for bid you have to provide some specifications, and in this particular instance I requested our Wastewater Superintendent John Shawcroft to come up with some specifications for a sludge truck of which I know nothing about. And he did and the specifications that he presented to me which were subsequently bound into the contract documents or the bid documents revolved around the terrogators built by Ag-chem. This is a very good unit I guess there are no 2 ways about it. And you can tell it is by the price. Other companies were invited to bid and Field Jimmy did send a bid and they were told that their bid would be considered even though they knew that the specifications were built around the Ag-Chem truck. We told them that they would be given fair consideration which I think they have been given consideration. As I mentioned there has been a lot of research done by a consulting engineer on both of these units and a lot of information gathered. One of the big items that John Shawcroft was having problems with is the braking system. The Ag-Chem is air brake and John was quite concerned about the possibility of Iosing a brake with a load of sludge. hydrautically I guess I don't know too much about this, Ron could probably fill us in but, hydraulically if you lose a hose and you lose your fluid I don't think there is too much left. If you lose your air there is an emergency air system that will shut you down and bring you to a stop. I think probably quicker than you would want to. Anyway at least it is there to stop you. The other item was the service situation, Ag-chem has a service facility in the western United States and 1 think based on the map west of the Mississippi and it is located in Boise, Idaho. When I was talking to Councilman Morrow Simplot uses these trucks quite extensively and 1 think that might be one reason why they have located that facility is just to serve Mr. Simplot and his farming facility. So service is very good, parts are very good and on the conversion unit the engine is caterpillar which would be served by Western states. The truck body is GMC which would be served by Dillon in Boise and the other parts and pieces I am not sure. In talking to Dillons service people they say that when the truck comes in if they don't have access to the parts they just don't do ~ • Meridian City Council April 5, 1994 Page 59 anything with it. You have to take it somewhere else or you have to get someone else to do the service work. With the Big Wheels I know that they were having to go to Caterpillar for example to get bearings for it because they couldn't find them anywhere else. And they have done a tremendous amount of work out there, repair work and service work outside of when a spring breaks or course they take it to the spring works to have that done. There is a big time difference between the 2 costs, an I know as well as I am standing here that if this was awarded to Ag-Chem that Field Jimmy is going to have big time problems with it. I don't know what kind of impact it would have on use at all, but I think that in our document we reserved the right to basically do what we want to do. And I think what we need to I think that one thing that we need to keep in mind here is that we are hauling sludge a lot and the Big Wheels truck wasn't used very much in the first several years after the plant was open because (End Of Tape) in those first few years basically they would haul a few some loads during the fall in order to clean the digestors out and over the winter the digestors would fill up and then in the spring they would put it out in the drying beds and dry it and push it around and get it to a form where they could load it and haul it someplace in a dumptruck or somebody would come and take it off their hands. But the truck just wasn't used that much. And that is one of the concerns and I know talking to Field Jimmy that is not going to be a concern but nevertheless we are having some trouble with Big Wheels. Kingsford: I guess I have a problem Gary, does this Field Jimmy meet the specs that we put in the bid documents? Smith: No, it doesn't meet the specs because the specs were written around Ag- Chem. Morrow: Mr. Mayor, if I might, Gary and I discussed this this afternoon and this situation is very similar to what Councilman Corrie and the Rural Fire Department went through with the last fire truck. These specs were written from a starting point, the starting point was primarily Ag-Chem truck and the facts are that the conversion truck comes nowhere close to meting the specs for the truck that was that the Ag-chem folk have. And setting that issue aside that they don't meet the specs when you look at it from the standpoint of the chassy being warranted by Dillion and the engine by Caterpillar and the rest of the parts somewhere else. Normally what happens in those situations it is always a match of who blames who for what and we have to struggle around to get whatever fixed. From the second point of view is that with the parts house being here for the Ag-Chem truck plus we have expertise within the Valley through the Simplot folks and their company mechanics with respect to answering problems that we may have and might have to repair in house. We have parts that are generally available locally as opposed to try to send off over the US for a • • Meridian City Council April 5, 1994 Page 60 conversion part for a canversion product. In our conversation the Dunn and Bradstreet rating of the manufacturer of the Ag-Chem truck is extremely strong so that we have strength behind the producer of the truck so that we are assured that there is going to be a parts available hopefully for the lifetime of this truck. And the last thing is that we hav~ broad usage in what appears to be southern Idaho by the private sector of this same truck. It would appear to me that for my money we would be better off buying the Ag-Chem truck and we can support and justify our decision based on all of those factors than if the conversion folk wish to contest the awarding of the bid there is more than ample reason for use buying the Ag-chem truck in lieu of all of the other reasons we have talked about in terms of supporting that truck just besides the initial purchase. Kingsford: Well, I think the thing that we have to be very concemed about is meeting the requirements of the bid, public bids. I don't disagree with all of you on those factors but if in fact they met those specifications I think I would be very hard pressed to spend $40,230 more than we should. But if they don't meet the specifications you are automatically disqualified. Morrow: I think that is the issue here. Corrie: Mr. Mayor i don't have any problem with that at all, what happens if the Ag- Chem truck is too big for your bay what do you do? Smith: We woutd have to back out to the Field Jimmy because it is not my feeling that we want to have the tait end of that truck sticking out during the winter and covered with a tarp or something. The idea is to get it inside and keep it from freezing up. Corrie: They didn't present the dimensions of that truck? Smith: Well they did and that was part of the bid document we had a dimension of the buifding into which it had to fit and what they presented to us is that it would fit. Our consulting engineer when he got to looking into the dimensions he felt that there was going to be 5 feet of it sticking out of the door. And so I had John Shawcroft do a remeasure on it and John told me it was going to fit alright. But as of late this afternoon it was stili a question mark. Kingsford: Well, I would certainly suggest that we table this until next meeting and have some better information by the next Council meeting with regard to exact specifications that Field Jimmy doesn't meet and. • Meridian City Council April 5, 1994 Page 61 • Yerrington: Does John know anybody that has a Field Jimmy? That is running it in the field? Smith: No, we don't know anybody around here, they gave us 5 references which we asked and all the references were called and they said it was perForming fine. Kingsford: I think we need to if the Ag-Chem vehicle is the wrong size than they haven't met the specs so I think we need to resolve those things before the Council makes a decision. Smith: That is the only item that is up in the air right now is that length. The other items have been addressed by our consulting firm and they listed them in a document that they sent to me that the specs that the truck did not meet. Crookston: Well, the other question is whether we ask for a proprietary bid in the first place. Kingsford: Well, let's review that too. Smith: If we are going to bid something I guess if we can't bid as specification then we just have to open it up to whatever we get. I don't think that is right for our services. I think we don't have a proprietary bid we don't say proprietary it is going to be a specific product but the specifications are always written around a product. Crookston: It just said or equal or something like that? Smith: I don't know if it says equal or not. Crookston: Not that it is a cure all but it is an attempt to be a cure all. Morrow: Mr. Mayor I would move that we table until our next meeting pending verification of the compliances for the purchase of new sludge truck. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the bid of the new sludge truck until next meeting April 19th, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Next item is on the agenda is the lease agreement with Ken Hamilton. • Meridian City Council April 5, 1994 Page 62 • Morrow: Mr. Mayor, as of late this afternoon Mr. Hamilton requested that table this until the meeting of the 19th because his attorney was not able to be here tonight to represent him nor was the Dairy Board to be here tonight to represent them. And so it was his request that it be tabled to the April 19th. Kingsford: Is that a motion? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the lease agreement with Hamilton until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Shari Stiles: Mr. Mayor, Council members I just had a couple of things. I've had several phone calls from people worried about fire hazards on these properties have a lot of weeds and I guess there have been some fires in the last few days. Particularly people are worried about County properties and I wanted some direction from you, how do we take care of that? Is the fire district responsible to get those people to clean up their properties, do we have to go to the County. What can we do, there is one parcel in particular off of Fairview that is east of I think it is Elm Grove Mobile Home Park that is very trashy and weeds right next to the subdivision that could really cause a disaster if that were to go up. I just wanted to find out how we could take care of that. Kingsford: Fire hazards could be handled by the Rural Fire District. Corrie: Well, yes and no. Is it in the City limits? Stiles: It is surrounded by the City but it is in the County. Corrie: But it is in the Rural Fire District yes, they could probably handle it under the Rural Fire code. We have a new code now as far as weeds for the City. It is not based upon fire hazard anymore, it is based on how tall the grass or weeds are. So that takes it out of the Fire Departments hands saying that is a fire hazard because it is a difficult, subjective thing is that a fire hazard. So, if it is in the City limits you have the new weed ordinance that you can use, if i am correct. And the County, 1 ~ • Meridian City Council April 5, 1994 Page 63 will check on that for you as far as Rural Fire is concerned. If they want to handle it or if they want to give it to the County. But I will check that out if that is what you need. Stiles: I was also wondering about the unsightly conditions of properties. Corrie: In the City limits it is covered in the ordinance. Stiles: I mean also County, is that something we have to go to County and ask them to clean it up. Kingsford: Mr. Bsrg says he has a couple of people in the County that he has dealt with so maybe you can work with him. Stiles: One other question I had about variances of the filing requirement. Sometimes in the findings of fact and I've got a specific instance the Playground where they have the driving range the proposed miniature golf, the findings of fact on that say in one point that you have to tile all the irrigation ditches than in another place it says they are also required to protect natural featu~es, existing natural features. Is that something that 1 can request of the City and the City can waive that or does that still have to go through all the variance and just like anything else. I mean if it is a true enhancement and for the public good is that something that we can request to be waived? Kingsford: Wetl, I think those findings simply said the ditches would be tiled I think that is pretty clear. Other enhancements then he has to maintain. Stiles: But the reason these natural features exist is because of the irrigation ditch and they are also proposing to make it an amenity and use a holding pond for their irrigation. I just wanted some clarification. Crookston: Well, 1 would have to look at it. Kingsford: Would you look at that and communicate that to Shari? Crookston: Well, a large part of it is going to be how you perceive it. Stiles: But, would they still have to go through the variance procedure. I mean it says the City can waive that requirement, does it have to be a formal variance procedure or can the City waive that? • • Meridian City Council Aprii 5, 1994 Page 64 Crookston: Well, at a minimum it would have to by the Council to waive it. Stiles: Yes, I am just wondering the notice and formal application and payment. Kingsford: Mr. Acting Chief Norm Williams there, good to see you. Along that line we do have a request for a iiquor license the White Water Saloon. Norm has in the absence of the Chief reviewed that and finds no problem with the application. Entertain a motion to approve the liquor license for the White Water. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the liquor license of the White Water Saloon, all those in favor? Opposed? M4TION CARRIED: Alf Yea Kingsford: Mr. Forrey Forrey: Thank you Mr. Mayor, members of the Council 2 quick items. Gary Smith and i discussed Jackson Stub Drain and the landscape requirement. In the Fothergill project of John Ewing, he agreed to comply with the new Comprehensive Plan and develop a landscape pathway afong Jackson Stub Drain and that is denoted on the Comprehensive Plan Map. John got excited about it and hired a professional landscape architect and a nursery company and proceeded to landscape the Jackson Drain area adjacent to his subdivision. John was aware also of the property immediately south of Fothergill which is an apartment complex that the City placed the same requirement on that developer, Mr. Jerry Wolf. So, everyone was excited that both sides of that drain would have landscaping and pathway. John proceeded his landscapers made the improvements and then the Nampa Meridian Irrigation District I guess a ditch rider noticed soil aid and pine trees and sprinkler system and bushes and landscape rock and all of this wonderful improvement and called John and said take it out or we will take it out for you, because we did not approve +t. And John said well the City made me do it. And so Gary has been drawn in now to a battle so to speak of the traditional use of a drain and the way the irrigation district cleans it and whether they just take a back hoe and muck it out and through it up on the ditch bank and proceed. And our need and citizen desire to have the thing attracfive and multi-use along the same drainage. tn talking with the irrigation district about tMis they are pretry adamant that is going to be an old fashioned drain and they don't which to see the landscape and soii aid etc. I think at this point Mayor and ~ Meridian City Council April 5, 1994 Page 65 ~ Council it might be appropriate for a letter to go to the Nampa Meridian Irrigation District asking them not to remove that landscape and asking them to negotiate with John Ewing to enter in to a development agreement which has not been done. Which was an oversight of Mr. Ewing and not getting that agreement before he made those improvements, but also in that letter we could assure the irrigation district that in the future the City has a condition of final plat approval would make sure there is a license agreement with any irrigation district. And that is something an additional checklist item we could put on our checklist but also on the development agreement. The Ewing project is the first one and it just and he went so fast and got so excited about it he did not get permission from the irrigation district to use that right of way to put those improvements in. Anything eise on that Gary? 1 think the letter would be timely because they are demanding that he remove thousands of dollars of beautiful landscape and bikepath. Morrow: Let me ask you this Wayne, this seems to be with the irrigation district and we are sitting up here and devetopers and citi2ens are bringing to us plans to enhance these drains and theoretically it is something that is desired in the community but every time it seems like it is the irrigation folk that are a major stumbling block. Is this something that we are going to have to go through with each project. Is it something that gets partially done and then you change personalities at the irrigation company and its no longer done. How do we resolve this as a City once and for all. Kingsford: Didn't 1 hear earlier that you 2 are going to be meeting with Nampa Meridian and trying to resolve that issue. Morrow: Is that the same issue that Wayne is addressing? Kingsford: Well let's address that issue too, but hopefully we can. Smith: They are taking us to look at a project that has been developed in Boise that they like. (Inaudible) I think that I have an idea that it is fenced on the ditch side it is fenced on the property on the homeowner side and it is an alley way. Forrey: Wood Duck Island I think is the project. Kingsford: One of the things that we maybe ought to have them take a look at is the parcel that was done that we saw the pictures of that Cloverdale kind of featured this on. 1 can't remember exactly where that was, but it was over along Warm Springs Golf course somewhere as I recall. You might ask John where that was and try to fook at that as well. Let's try and get that resolved and if push comes to shove t'm afraid we will have to get a little public support in the paper and so on with regard to, ~ Meridian City Council April 5, 1994 Page 66 ~ they can say al! they want we have to keep the water moving through it and that is very accurate. But they are also preaching that they have to change their attitude and be an Urban water river and they are only partialty changing. The irrigation ditches look like hell. Corrie: Espeeially when they clean them out and dump it. It makes a mess. Forrey: The second item Mayor, the new water bills now are out, the new format and I have a suggestion here. We talked about the round up program where say your water bill is S 18.40 we sncourage you to write a S 19.00 check, S.60 would go to Tulley park or whatever designated. Here is a suggested maybe message that we could print on the back of the utility bills. A printer in Meridian could mass print the message and photograph on the back and it wouldn't take any staff time. Every bill then would have that message on the front side it could say see back or whatever message you would want to put. And this could raise a little bit of money for Tulley Park or some community project. We have citizens always in the habit of looking on the back of the Meridian bill it could be other timely messages fire project, or police or public works or whatever. Kingsford: Walt Casey suggested the Walt Casey Retirement Program. Mr. Crookston. Crookston: Nothing Kingsford: Mr. Morrow Morrow: Yes Mr. Mayor, I wish to deal with the issue of the building permit fees and potential raises. I have researched the building permit current fess and the presentation that I want to make is that currently out of 579,200 house we charge 5380, Nampa changes $448, Eagle charges 5545 and Boise is $481. ~It has been suggested that we raise our rates to be closer in compliance with the U~. To raise our rates to 5439 would represent an increase of 15 to 16%, to raise them to 5448 that Nampa has would represent a 17 to 18°~ increase. It would appear to me that there is some adjustment in order with respect to the building permit fees. I don't want to get into the scenario that we got into with the sewer fees where it was 8 years and then there was a massive increase. I would prefer to see increases that were much smaller percentage wise and that were incremental on a timely basis. I don't know what I would like to see the money used for is we have a couple of employees who are tremendously under salaried in terms of my research for those positions. For the monies that come to our side we need to do a little bump up there within the department. So I would like some Council guidance on what everybody • • Meridian City Council April 5, 1994 Page 67 thinks in terms of the proposed increase at this time. I guess what I am asking for is that it would appear to me that ~ 5 to 16% is a little steep. We ought to be in the neighborhood of 10% and then maybe another year from now another 10% to bring those into line. So that the disparity between particularly us and Nampa and Garden City and those entities is not as quite as good as it is now. Kingsford: Other commehts? Corrie: Mr. Mayor, how critical as far as time, could we get, can we have 2 weeks to look at it? Kingsfiord: We build 116 new homes last month. Corrie: That is critical Morrow: The question Bob to give an example is we are talking about tremendous revenue differences as far as if we went per month and we did the 116 homes are we are talking even a S40 increase that represents 56,000 worth of revenue. Corrie: Is that a 10% increase or $10 increase. Morrow: Well, if you used S40 which would be something less than 10°r6. ~ (3 C Kingsford: Well, what would it be if we went to the ~b`Ea ~(3C~ Morrow: 1 don't have the number specifically here on the ~£: Boise is very close the UVC, they would be higher than either what we are currently as o Nampa. Kingsford: While i am sensitive to what you are talking about in moderate increases, I am also sensitive that we are a competitive market and I think we ought to be somewhat in line with what the competition is. Eagle. Garden City, Boise and to a lesser degree even Nampa. Morrow: Yes, that is a position we can look at, the other thing there is that with respect to the , some building permit fees we have to justify in terms of what are costs are in terms of services and that is the another factor to be taken into consideration, k(3C._ Corrie: These fees are earmarked where. Kingsford: General fund and we budget them in the general fund. And that goes for • ~ Meridian City Council April 5, 1994 Page 68 a lot of things, we are talking about a real shortage of fire, parks. We are tatking a real shortage in the Mayor's salary. Corrie: Well, disregarding that, I agree, I just would be more inclined to do the 17% or whatever the case may be. We need Yerrington: When was the last time we raised? Kingsford: 1 couldn't say #or sure Max, it seems to me like it has been approximately the time that Daunt came on board. I think we did an adjustment it hasn't been that recently. That has been about 4 years. Morrow: The other thing is that we hear about new growth not paying its way, certainly if the funds from the building department are going into General Fund the balance of the fund would gd in there form what is takes from our salary people. Obviously new growth is contributing to other facets within the City in terms of the budget and to make the water and sewer department which are enterprise funds pay their way strictly and have to in this case we are generating a surplus on the back of the new construction. Kingsford: I don't think that is true Walt and that we haven't built the parks that we ought to. I would agree with you to the extent that it is generating more than what it is costing us but I think that you would find the research that it indicates that is the intent of the revenue gainers for obligations. Morrow: Could be, when you are a builder that is not necessarily the case. Kingsford: I understand that. Morrow: So, it is not whether we have to build a project we (inaudiblel. Kingsford: There isn't any question of that, again I think the realistic thing too is that we look at what comptetion is. We ase in a position where we don't have #o go out and say we have a 5200 better deal in Meridian to build a house. Morrow: The other part of this to throw out here is the advent of impact fees and quite frankly the ones that Coeur d'Alene instituted were struck down last week by the local court. But at the point we have impact fees coming and it would appear that those things wiil have to be strongly justified in terms of spending. We also will have to make sure that our rates are justifiable and then apparently the argurnent would disappear that you can use the funds for something else because the parks and • Meridian City Council April 5, 1994 Page 69 fire would be taken care through impact fees. 5~ Kingsford: I would agree with that, but we are a ways away from impact fees that we are losing substantial, the argument is out there that growth doesn't come close to paying its way particularly residential is certainly true without some sort of impact fees. And we are a long ways away from having supportable impact fees in Meridian. Morrow: I think what I am asking to answer Mr. Corrie's is that I would like to see the fee increase implemented tonight it is a question of how rrwch. I think we have debated the pros and cons of various percentages. Let's pick a percentage and press ahead, I would like to maybe review with you after we have done so in the salary departments we need to do some adjusting on, I don't know if the Council needs to be involved at this point. Kingsford: Well, I wouldn't think they do, but I would suggest to you that you have to be very sensitive is that there are other departments that have other employees that they feel are under paid and there needs to be sitting from my chair a certain amount of uniformity. Because everyone knows what everyone else makes. And if you don't believe that you just bump somebody 5 bucks and step in my office. Corrie: What would be the percentage Walt if we went to Eagles? You mentioned there you had a figure. Morrow: Eagle would be almost closer to 50%. Eagle is at 5545 for that house and we are 5380. And Eagle is substantially more than Boise's at 5481 for that same house. Nampa is at 5448. Corrie: Perhaps we ought to be around 5450 anyway or the same as Boise I would think or one of those 2. Yerrington: It would be almost identical to Nampa. ugL Kingsford: I thin reaiistically the competition is Ada County. I would really like to u~C know what the was if that is somewhere in between. If we adopt the it would be easy to adopt when you are talking about annual increases if you go with incremental increases. If you adopt the ~~1-d~ you have done that if we use their portibn of the. ~l(3C- k~~ Morrow: You only adopt the ~E every 3 years. Kingsford: That is true, but 4 years prior to that is me coming to Council. • • Meridian City Council April 5, 1994 Page 70 u~c Morrow: I can't answer the question with respect to the "~- Kingsford: Does Council have a preference? Corrie: I would like to see us at least the same as Boise. What does that put us 5480. Tolsma: What is the difference in the Ada County impact fees? The Highway District? Morrow: Well, it is all by zone in terms of impact fee zones we are higher in terms of the impact fee zones residentially than Boise and actualty in our area we are in 2 different impact fee zones. Tolsma: I know that, but what is the difference in the cost of the house you might say, the square footage of the house? Morrow: Well, Tolsma: What makes it equal if we change the same as Boise but are impact fees are higher. Morrow: That is correct that makes the overall package for your project higher. But if you are going to equate it to that, if you want the impact fee and building permit fee to be equal between the 2 cifies than our building permit fee will have to be lower than matching Boise's. Tolsma: If we make it the same as Boise's and then all the builders get together and help us change ACHD's impact fee. Morrow: WeN you are confusing 2 things there Ron, the ACHD impact fee that we are working on is the commercial, industrial, light office and those types of things. there is by trips some justification tor the residential impact fees to be higher at this fime. What is 29 x 54.50 =$135 and 5414 okay the for that same 579,200 house would be 5549, Boise is at S481, Eagle is 5545. Boise would be essentially 568 less than the ti~£. u I~C. ~~L Crookston: As soon as we raise ours everybody else is going to raise theirs. I am not saying don't raise them. Morrow: There is wide disparity in terms of the rates and I think the rates have been i Meridian City Council April 5, 1994 Page 71 • set somewhat on the cost of providing the service. It is obvious that not everyone directed to the U~C. ~ Tolsma: I think we ought to be the same as Boise. Corrie: Well not having more time to study it I do too. We shouldn't be any less than Boise, they are less than Eagle. Kingsford: Weil, I think Will is suggesting that we can re-visit it in 6 months at the time of the fiscal year, but we can maybe pick something and go with it now. Corrie: I suggest that we go with 5480. Morrow: Well what we are going to have to do is to convert that to a percentage increase because everything is staggered. Corrie: Welt somewhere around 15%. Tolsma: (Inaudible) Morrow: Boise doesn't have, it is done differently. Boise makes deafferentation between, their structural fees are predicated on plan check fees and other items that are entered into that. I think what I would prefer to see is that if we are going to increase it we take our current fee and increase it by a percentage. Be that percentage in order to go to the Boise fee we would have to increase probably close 25 to 25% percent. Tolsma: We could increase it on a 25% basis. Morrow: Well whatever your pleasure is. Kingsford: What is the percentage right now between us and Boise on that particular document? Morrow: Well we are at 5380 now and Boise is at 5481. Corrie: 25% or very close. Corrie: Mr. Mayor, I move that we go to a 25°~ increase on the fees at this point. Residential excuse me, which would bring us to the Boise fee. ~ • Meridian City Council April 5, 1994 Page 72 Kingsford: There is a motion is there a second? Tolsma: f second that Kingsford: Moved by Bob, second by Ron to increase the building permit fees 25°~6, discussion. Morrow: I think the 25% is a little strong at this point in time. I think with the new fiscal year being October 1 st I woutd like to see an incremental increase and splitting the total amount of the 25% between now and than again on October 1 st. Because we are here as builders dealing with increased impact fees through ACHD that are greater than they are in Boise. Kingsford: Any other discussion? Yerrington: I agree with him. Kingsford: Hot damn maybe 1 get to break the tie. All those in favor? Opposed? MOTION CARRIED: 2 Yea, 2 Nea, Mayor breaks the tie in favor of the 25°r6 increase. Kingsford: Anything else? Morrow: That is it. Kingsford: Max Yerrington: Nothing Kingsford: Bob Corrie: 2 things real quick the Fire Department is in the process of purchasing a police vehicle, the old trade in we are going to trade in we are going to see if we have a 5500 difference for the fire Marshall to use his own personal car and save us considerable amount of money. And that is just a matter of 5400 or 5500 we don't know yet. But that is one of their old cars that they are trading in. We are paying. Kingsford: Are you going to leave the lights on it? Corrie: No, there are no lights or anything like that, it is white that is used by the detectives at this time. That is what we conceived to save a considerable amount of • ~ Meridian City Council Aprii 5, 1994 Page 73 money. The other is on our impact fee committee, I need to replace one of the CPA's on that committee. I have asked Darwin Buchanan if he would be wilfing to sit in on that committee and he said he would. I would just like to have the Council's approval of him stepping the place of Roger Tenney he is not on the committee. I might add that we are getting very close to settling that to come to the Council I think. so if the Council meets with Darwin Buchanan's name we will notify him and he can come to the next meeting. Yerrington: I will make the motion that we appoint Darwin Buchanan. Corrie: Second Kingsford: Moved by Max, second by Bob to appoint Darwin Buchanan to the Impact fee committee, aff those in favor? Opposed? MOTION CARRtED: All yea Crookston: May I make an inquiry, I assume we are going to need an ordinance on the building permit fees. Kingsford: I guess we would, entertain a motion to have the City Attorney draft that ordinance. Yerrington: So moved, shouldn't you have an effective date for it. too? Kingsford: Publication or it could be different than that, entertain a motion to have the City Attorney to draw that. Corrie: So moved Tolsma: Second Kingsford: Moved and seconded to have the City Attorney to draw an ordinance for impact fees, all those in favor? MOTION CARRIED: 2 Yea, 2 Nea, Mayor votes to have the City Attorney prepare and Ordinance drawn. Kingsford: Ron do you have anything Tolsma: No • • Meridian City Council April 5, 1994 Page 74 Kingsford: I have 3 or 4 things, first of atl here is that letter that I was looking for. Mr. Smith with regard to Late comers fees in Glenco Development and so on some time ago, Norm, Chucky and you and I met. When I asked Mr. Fuller this evening if they incfude that corner over there and he said yes, he wasn't hesitant at all to say you have to revisit that because you probably owe us a lot of money. As soon as possible could we get that evaluated where we stand there. Smith: They are on a different late comers now. Kingsford: Right, but we need to evaluate where we are with #1 and 2. So we can move along with that. Another thing is the golf course committee or the golf course development a Mr. Dave Peugh from 1 forget the name of his company they are out of McCall, Resorts Planning International is doing the work on the new 9 at McCall and has done some preliminary work for Brighton corporation, had a proposat to the City for our review. Certainty some of that 1 want to review again with the developers with Mr. Peugh. I will have Mr. Berg photo copy that and throw in your box for your review. The other thing is with regard to that he called to my attention today that the Steiner Corporation is purchasing Kent Barney's parcel, have in their preliminary plat that they have submitted very much narrowed the fairways on 7 and 2. He is teiling that will not be workable 2 fairways and so 1 would work to Ptanning and Zoning and yourselves as you review the preliminary plat for Steiner Corporation to take serious consideration as to what the fairways look like. Dave is very willing if they are retained to represent us in those efforts. The other thing is you need to be thinking about how are we going to handfe the development of that golf course or when they leave it to us. Mu proposal is we handle it through the economic development committee that have those iot fees and then go into the economic development corporation. Or that the City loan the money to economic development corporation from the enterprise funds at a rate commencer to the current prevailing rate and we again handle that through the economic development corporation. We have some fine things to work out on that, be thinking about them is what I am suggesting. Anything else. Mr. Berg. Entertain the motion. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: 2, Yeas, 2 Neas, Mayor breaks the tie to adjoun. MEETfNG ADJOURNED AT 11:34 P.M. • ~ Meridian City Council April 5, 1994 Page 75 (TAPE ON FILE OF THESE PROCEEDINGS- GRANT P. KINGSFOR , MA O ATTEST: ,(~~CL.~--~?`~ ' - WILLIAM G. 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INC. FOR 71 V1! RIANCB FRO![ TH8 R-~ 8TRL8T BRONTAGE REQIIIRFJ~ENT OF 80 BEET FINDINGB OF FACT A~iD CONCLIISIONB The above entitled variance request having come on for consideration on April 5, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FI~iDI~TaB OF FACT 1. Notice of the public hearing on the application of Four T's, Inc., for a variance was published for two consecutive weeks prior to the hearing scheduled for April 5, 1994, the first publication of which was more than fifteen (15) days prior to said hearing; that the matter was duly considered at the April 5, 1994, hearing; and that copies of all notices were available to newspaper, radio and television stations. 2. Notice of the public hearing is required to be sent by certified mail to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. i.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement haa been met. 3. The property identified in the application is zoned R-4 Low Density Residential District. Paqo i FINDIN68 OF FACT A~iD CO~TCLIISIONS • • 4. Ordinance 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires minimum street frontaqe in an R-4 District to be eighty (80) feet. 5. The Applicant has requested that it be granted a variance from the above described minimwn street frontage requirements for certain lots identified in Applicant's preliminary plat for Navarro Subdivision; Applicant's intent is to create a thirty-six (36) lot residential Subdivision with the minimum lot width on certain lots of seventy (70) feet , all of which lots shall exceed a minimum area of eight thousand (8,000) square feet. 6. The entire subject property is described in the application and is incorporated herein as if set forth in full. 7. The Applicant has a contract interest in the subject property, and the titled owners, John and Gloria Navarro, have consent~d to the application. 8. The Applicant's engineer, Keith A. Loveless, testified that as a result of the require~ent that the Applicant ~atch alignment with two existing streets, and due to the layout of the existing sewer lines through the property, the variance from the minimum eighty (80) foot street frontaqe requirement is necessary to allow the practicable development of the subject property. Mr. Loveless noted that all of the proposed lots exceed the eiqht thousand (8,000) square foot minimum, and that the majority of the projects to the north of the subject are actually less then eight thousand (8,000) square feet. Paq• 2 FINDINGS OF FACT AND CO~tCLIIBIOlTB • • 9. In support of the application, an officer of Applicant, Ted Hepper, testified that as a result of the requirement to align with existing streets, a number of the lots have considerable depth, up to approximately one hundred and fifty (150j feet. Mr. Hepper testified that he felt lots of between eiqht to nine thousand (8,000 to 9,000) square feet were appropriate for this parcel but the enforcement of the eighty (80) foot minimum street frontage requirement would provide for a high nu~ber of lots in the twelve thousand to fourteen thousand (12,000 to 14,000) square foot range which is not appropriate for the property location. l0. Mr. Rich Allison, the real estate agent representing the owners of the subject property in their sale to Applicant, testified that the variance from the ~inimum street frontaqe requirements is a way to allow the developnent to proceed with adequately sized lots and also allow the developer to work with the existing streets and sewer lines that were already in place in order to arrive a viable project on this infill property. il. There was testimony in oppoeition to the variance application at the hearinq of this matter. Mr. Gary Asin, one of the developers of the Piedmont Subdivision located immediately west of the subject parcel, testified that at a costs of several lots, Piedmont Subdivision complied with the minimum street frontaqe requirements. He believes qrantinq the variance would undermine the inteqrity of Piedmont Subdivision. Mr. ~sin further testified that they are attempting to keep Piedmont Subdivision an up-~cale Paqo 3 FI)iDINGB OF FACT AND CONCLII8I0~18 . ~ development and with the granting of the variance he felt it would be difficult to locate triple car garaqes on a seventy (70) foot wide lot. 12. Mr. Dave Roylance, engineer for Piedmont Subdivision being developed immediately west of the subject property, testified that the owners of the Piedmont Subdivision were in the same situation when they developed the adjacent property and they could have obtained one or two additional lots had they not been required to meet the minimum street frontage require~ents, and that it was not hardship for Piedmont to satisfy the zoning ordinances. 13. Mr. Duane Stuckle, co-owner of Piedmont Subdivision, testified in oppisition to the variance request, stating that his compliance with the minimum street frontaqe requirement resulted in economic hardship as a result of the loss of a few lotB. Mr. Stuckle requested that the Council be consistent in its application of the minimum street frontage requirements. 14. Meridian City Engineer, Gary Smith, testified to the location of the sewer line which is located basically in the center of what is identified as State Street on the preliminary plat and was installed from the subject property at the time that the Clarinda Fair Subdivision was developed at the eaat of the subject property. Mr. Smith testified that he attempts to keep the sewer lines located inside the public rights-of-way and that he envisioned the proposed Subdivision to also keep the sewer line in the roadway. Paqo 4 FINDIWQ~B OF FACT Pi1~TD CONCLII8ION8 • COIiCLII8I0~18 • 1. All procedural requirements of the Local Planning Act and the Ordinances of the City of Meridian have been satisfied, including the certified mailing of a notice of the application to owners of property within three hundred (300) feet of the external boundaries of the property identified in the application. 2. The City Council has the authority to grant variances pursuant to Section i1-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Subdivision and Development Ordinances. 3. The City Council may take judicial notice of its own proceedings, as well as proceedings of the Planning and Zoning Commission, and all governmental statutes, ordinances, and policies, and of actual conditions existinq within the City and the State. 4. The City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the matters upon which it may take judicial notice. 5. Section 11-2-419 A. of the Zoning Ordinance is pertinent to the Application and provides in pertinent part as follows: The Council may authorize in specific case~ a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owinq to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighborinq lands, structures or buildinqs in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered qrounde for issuance of a variance. Variances shall be granted only where Paq~ 5 FINDINQB OF F71CT ]1~TD COlTCLIIBIO~iB • • strict application of the provisions of this ordinance would result in unnecessary hardship. 6. Section i1-2-419 C. of the Zoninq Ordinance identifies the findings of the City Council which are necessary to grant a variance as follows: A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the followinq exist: 1. That there are such special circumstances or conditions affecting the property that the Btrict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requiremente of thi~ Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature of condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumBtances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public~s welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of alterinq the interest and purpoae of this Ordinance and the Meridian Comprehensive Plan. 7. Section 2.5U of the Land Use Chapter of the City of Meridian Comprehensive Plan provides that it is a residential policy to encourage compatible infill development which will improve existing neighborhoods. Paqe 6 FINDINGB OF FACT l~TD C0~ICLIISIO'T8 . • 8. In the event the application is granted, there does appear to be a specific benefit, profit, economic gain, or convenience to the Applicant in that a thirty six (36) lot subdivision as proposed could not be developed without a variance being granted; however, the Applicant~s failure to satisfy the minimum street frontage requirement resulted from the location of existing of sewer lines and the requirement to match the alignment with two existing streets on the subject property, which conditions were not self inflicted by Applicant; and it would be in the best interest of the City to grant the variance. 8. Regarding Section i1-2-419 C of the Zoninq Ordinances, it is specifically concluded as follows: a. There are special circumstances or conditions affecting the property that the etrict application of the provisione of the minimum eighty (80) foot etreet frontage requirement contained in section 11-2-410 A of the Zoning Ordinances would clearly be impracticable or unreasonable. b. Strict compliance with the requirements of the R-4 street frontage Ordinance would result in extraordinary hardship to the applicant as a result of conditions not self- inflicted by applicant that make strict compliance with this ordinance unreasonable under the circumstances. c. The granting of a the requested variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property ie situated. d. The granting of such variance will not have the effect of altering the interests and purposes of this ordinance and the Meridian Co~prehensive Plan. 11. The City of Meridian has previously both granted and denied variances similar to the variance requested by the Applicant; however, each application for a variance muBt ~tand on Paqo 7 FINDINGS OF !'ACT l~ND CONCLIIBIO~TB • • its own merits and the granting or denial of a variance shall not be considered a precedent for future applications. It ie concluded that the variance applications submitted by Four T's, Inc. be granted. 11PPROVl1L OF BI~TDI~iaB 08 FACT 1~TD CO~iCLIIBIO,iB The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: v-\ COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTED ~ COUNCILMAN CORRIE VOTED '" I COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (IN THE EVENT OF A TIE) VOTED DBCISIO~T It is decided that the application of Four T's, Inc. for a variance from the (R-4) Low Density Residential District street frontage requirement of eiqhty (80) feet is hereby qranted. APPROVED : ~ ,~ DISAPPROVED: Paqe 8 FINDINaB OF FACT li1dD CO~iCLII8I0~T8 • ~ ~R~1~~ ~ ~ ~ ~ ORDINANCL NO. (~ 4 z AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREA5, 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 amend and change the zona.ng from R-8 Residential to L- O, Limited Office, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Merida.an, Ada County, Idaho: Section 1. That the real property which is described as : The South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, EXCEPT a parcel of land for public right-of-way lying in the South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the South one-quarter corner of the said Section 1; thence South 89°26'46" East 1,331.20 feet along the Southerly boundary of the said SE 1/4 of Section 1, which is also the centerline of Cherry Lane, to a point; thence North 0°12'46" West 25.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°12'46" West 15.00 feet to a point; thence North 89°26'46" West 110.15 feet along a line 40.00 feet Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to a point; REZONE ORDINANCE - WHITMIRE Page 1 . • thence South 0°25'46" East 15.00 feet to a point; thence South 89°26'46" East 110.09 feet along a line 25.00 feet Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to the REAL POINT OF BEGINNING. be and the same is hereby rezoned from R-4 Residential to L-O, Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall tile all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this S day of ~y` . 1994 . APPROVED: ` 1~IAYOR -- GRANT P . RD O~ ~ ` ATTEST: _ ^ ~~~"~' ` ~fa,~ ~~j~ j~~1iC~C- ~fir...~ ~ ~E/~''~" ~- ~ - . U ~~ ~ .'°' ar~'~y ~' ~ WILLIAM G. BERG, JR. -- C Y C ERK ~ Y~ ~~~ ~~ ~ ~, ~ T' . yn ~. ti STATE OF IDAHO, ) d~'~eT j8~,. O : ss. ~ County of Ada, ) ~ c~~~~~ ~ ~~~ I, WILLIAM G. BERG, JR., City Clerk of the G'i'~y~of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE;" passed as REZONE ORDINANCE - WHITMIRE Pa9e 2 ~ • Ordinance No. 6'¢Z , by the City Council and Mayor of the City of Meridian, on the 5~ day of ~,pvi~l , 1994, as the same appears in my office. DATED this ~~ day of STATE OF IDAHO~) : ss. County of Ada, ) ~pri ~ , 1994. -~ ,~G~~--~ ~ City Clerk, City of eridian Ada County, Idaho On this 5 day of April , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,o~~a~~~e~e~re~,~r~~ ~,,,~~~F L. ~'•.a ~ ~. ~~. ~,~~;,y.T~,,,^ .r; ~. ~ .,,, ~ ~ ~~ ,y~ : SEAL ° '' .''~ ~"~ a~ ~ ~, ~a _ ~~ ~~ ~, , ~ ~ ~ ~ ~' f a ~ ~ `~d ;'' ' ~: ~ : ~,,,~ ~' ~: ±~ ~ "; e~~° ~ '~'~: ~~ ~ , . ~, v .~ ~~~~ ~ . v- .• ,'` ~'! i~ i~e~~ ` ``~`,o ~iding at Meridian, Idaho commission expires 08/02/99 9`f033~92 . ~`~.~.~'~~~ _ -,. r,~~-~ ~.i L~.~~ . _ . . . .: . 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MSC1570 c~TTD s~tttiwsao ~~~ c~coon W s~xitr ~ ~7 V D~ `I I ~ bA0000~00 3 ~ ~ „ » ~ Ml20000015 ees~tZSauo I ~ ~ ~ I ~ R s~ s ~ I si7m. ,'~' 1~, I r ~ _ ~, ~ ~ ~' ^ I K ~ ;' , n~z°aw~° :,m, '` ~ \ ! ~ _ _ ~ • ORDINANCE NO. ~ ~' ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE X OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADDING A NEW CHAPTER TO BE KNOWN AS "CHAPTER 5, GOLF CARTS", PROVIDING FOR THE REGULATION OF GOLF CARTS, CONTAINING DEFINITIONS, SETTING FORTH THE ALLOWABLE PLACES OF OPERATION, SETTING FORTH A DRIVERS LICENSE REQUIREMENT, OFFENSES, EQUIPMENT REGULATIONS AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to amend Title X of the REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN to add a new chapter to be known as "CHAPTER 5, GOLF CARTS" which shall provide for the regulation of golf carts, contain definitions, set forth the driver's license requirements, provide for offenses, equipment regulations and penalties. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title X of the REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN is hereby amended to add a new chapter to be known as "CHAPTER 5, GOLF CARTS" , which Chapter shall be known as GOLF CARTS and shall read as follows: 10-501 DEFINITION: The term "golf cart" shall mean every self-propelled vehicle upon three or more wheels, in, upon or by which, any person or property, particularly golf clubs or golf equipment, may be carried or transported. 10-502 DRIVERS LICENSE REQUIRED: It shall be unlawful for any person to drive or operate a golf cart who GOLF CART ORDINANCE Page - 1 • 10-503 • is not a licensed motor vehicle driver and whose license is valid at the time of operating or driving a golf cart. A. EQUIPMENT: No golf cart shall be operated in the City unless it is equipped with the following: 1. At least one brake which may be operated by hand or foot and at least one parking brake. Such brakes may be controlled by one mechanism but if in one mechanism, the brake must be capable of being locked on for parking purposes. 2. If the golf cart is propelled by an internal combustion engine, it must have a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke; no person shall use a muffler cutout, by-pass or similar device. B. PLACES OF OPERATION: 1. Except as authorized herein, no golf cart shall be driven or operated on the streets, sidewalks, alleys, easements, or land owned by the City, in any area of the City that is outside of the following described approximate square mile, in which the Cherry Lane Golf Course is located: North of the north street right-of-way line of Cherry Lane; East of the east street right-of-way line, of Black Cat Road; South of the south street right-of- way line of Ustick Road; West of the west street right-of-way line of Ten Mile Road. 2. No golf carts shall be driven or operated on, or in, the right-of-way of Cherry Lane, Black Cat Road, Ustick Road, or Ten Mile Road. 3. Golf carts may be operated on the streets, alleys, easements within the City, or land owned by the City, within the parcel of land described in paragraph 1 above, but not on the GOLF CART ORDINANCE pa9e - 2 • • roads and streets set forth in paragraph 2 directly above and not on the sidewalks, except as set forth in 10-504 A. Gol.f carts may not be operated or be driven in any area that has been posted by the City with a notice that prohibits such operation at the location described in the notice. 4. Golf carts may be operated or driven on privately owned land or premises. 10-504 REGULATIONS FOR OPER.ATION OF GOLF CARTS: A. It shall be unlawful to drive, operate or park a golf cart on any sidewalk a.n the City, unless traversing the sidewalk for purposes of going to or from the road or street to a home or from the home to the road or street. B. It shall be un].awful operate a golf cart at a speed in excess of fifteen miles per hour. C. It shall be unlawful to drive or operate a golf cart while under the influence of alcohol or drugs. D. It shall be unlawful to operate a golf cart carelessly or heedlessly, or without due caution and circumspection or at a speed or in a manner as to endanger or be likely to endanger any person or property. E. All golf carts shall conform to all vehicular traffic controls. F. All golf carts sha].1 abide by all traffic laws, rules and regulations. G. All owners of golf carts shall have liability insurance on all th~ir golf carts; it shall be unlawful not to have such liability insurance. 10-505 PENALTIES: Any person convicted of a violation of this chapter shall be punished by a fine not to exceed three hundred dollars ($300.00) or imprisoned in the county jail for a period not GOLF CART ORDINANCE Page - 3 • • longer than thirty (30) days, or by both such fine and imprisonment. SECTION 2: If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publicationkaccording to law. 5~_: PASSED AND APPROVED this ~ day of April, 1994. CITY OF MERIDIAN , . ~ GRANT P. KINGSFO D, ATTE . i~L~~ ~,~ i WILLIAM BERG, CITY C ERK y " ~ `~!^ ~ G~pv~Oi~,y~ v V ~~ ..s ~` ~ o ~ ~ .~~y ~ ~A l ~ ~ ~ ~ ~~~~ ,~~ `~ ~~~~~~ ~ . ~v . ~~~' GOLF CART ORDINANCE Page - 4 • ORDINANCE NO. IQ • ~ ~ k ~ . ~ , ~ ~~iV~~, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERTDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the Ci.ty of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and is more particularly described as follows: Commencing at a found steel pin monumenting the Southwest corner af said Section 20, thence along the westerl.y line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°44'49" East a distance of 2654.68 feet to a found 1" square bar monumenting the Northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line, South 00°44'49" West a distance of 247.50 feet to the POINT OF BEGINNING. Thence leaving said westerly line North 89°57'31" East a distance of 264.15 feet to a set steel pin, Thence North 00°42'42" East a distance of 247.64 feet to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°55'41" East a distance of 1371.19 feet to a point, Thence leaving northerly line South 00°04'19" East a distance of 295.00 feet to a point, Thence South 89°55'41" West a distance of 85.00 feet to a point, ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 • • Thence South 00°04'19" East a distance of 591.95 feet to a point, Thence North 89°56'41" West a distance of 528.61 feet to a found steel pin, Thence North 29°O1'26" West a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly line North 89°58'll" West a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 00°44'49" East a distance of 200.00 feet to a set steel pin, Thence North 89°15'11" West a distance of 242.78 feet to a point on said westerly line of Section 20, Thence along said westerly line North 00°44'49" East a distance of 213.13 feet to the POINT OF BEGINNING is hereby annexed to the City of Meridian, and is zoned R-4 Residential; 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 is required to connect to the 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, 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 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 and other matters. 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways . ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 • . e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. 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 Applicant shall fail to meet the 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 plainl.y 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 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the ~ City of Meridian, Ada County, Idaho, this ~~ day of April, 1994. APPROVED: ATTEST: ~C:~~ G---' ~ / " LLIAM G. BERG, JR. - CITY CLERK ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 LJ STATE OF IDAHO,) ss. County of Ada, ) O~ "~ E ~, • ~~ ~aao,~~,~ ~r U ~+~ „°° `~a~° 9 ~r ~ c~1~~~~ ~ * .~. ~ .~ ~ ~~~'~fi~~ ` , ~~Q Cp~ ~ \~ . I, WILLIAM BERG, City Cle City of Meridian, Ada County, Idaho, do hereby certify tha he above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 6~f0 , by the City Council and Mayor of the City of Meridian, on the S'~- day of April, 1994, as the same appears in my office. DATED this ~'~day of ~~~i l _, 1994 . STATE OF IDAHO,) : ss. County of Ada, ) C~~i~~iG,'ti`'F.___~ i - City Clerk, City of eridian ' Ada County, Idaho On this ~th day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,.•~ec~ E ~•~,•,,~,,. ~~ ~~ ~~s SEAL ` ~"~ `a°^ : ' `~ ~' ~ = ~~ ~.~pT~9~~~', ~ „ a _ ~ . ., i _ ~5 ~ ~ r° ^' ~ ~ ~.w ~ e`J ,~ r> '~.,~' ~ a '~„f1 E'A ~~a"~ <i °~ ~ ~`i:~„ u ~'~ : ~:. "v 2" E~ ~~ s~~'~T,~~~sa&mt~^' ~'~oa ~~~ ~p M '~ • ~i~/, `.{S~ -I.:a ~h~'~,,~ W ~ ~ ~~~~~,~ , ~,, , ~. ~ , ... ~/ary Public f~ Idaho siding at Meridian, Idaho co~r~mission ex~ixes 08/02~99 9`t033891 ~~ ~ ~ ~~ ~:~~~:~~.~,~ ~ - _... ~. ~: .,,~ BO(5~: ;'.? '~~ A~ ~~ 1~7 ~~~'i ~ 17 ~- C~~ ::~~ ~S~_-~~ F~.. ___~~. __._ REGUt~~~,: .:.: . ,~_~t:ST OF ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 1 ~ ~ \ \\ . \ \ ~ _. . .___ . . .. ~ ' - f ~ ~ ' i / /' / \ / \,`~ .~~ ` , ~ /' Q ': ,~ ~ . , _ . I ~, .,.., / I I ~ '~ I ~ / I I % j~ i ~ ~~ i i ~ ~ ~ ~ -_ _ _ _ _ __ .- -- - - - -- -- - _ _ _-- _ _--_--- _ ~~~~. _S~,~O 7 -_ • OR~GINAL • t~39 9~0~389U ~~ ~ rl~i~.a,., _, }~ , . ~ . . . '_ V ~il J~!~ ~. -r,.. n. .-:~~J BOf~~ :J ORDINANCL NO. ~' (~. ~ ~ j ~,~,- AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXT~~~~~`~ZONTNG C~RTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRAC -OF LAND SITUATED IN THE NORTHEAST 1/ 4 OF THE SOUTHEAST 1/ 4 OF r~TION ~~'~ ~' T, . 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, `L~UNTY,' ` I'~ C~; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the Northeast 1/4 of the Southeast 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found steel pin monumenting the Southeast Corner of said Section 19, thence along the easterly line of Section 19, North 00°57'49" East a distance of 2666.64 feet to a found steel pin, said pin monumenting the East 1/4 Corner of said Section 19, said monument being the POINT OF BEGINNING. Thence continuing along said easterly line along said Section 19 South 00°57'49" West a distance of 1007.41 feet to a point, Thence leaving said easterly line North 89°02'I1" West 45.00 feet to a point, Thence along the arc of a circular curve to the left a distance of 35.43 feet, said curve having a central angle of 81°11'18", a radius of 25.00 feet, a chord bearing North 39°37'50" West, a chord distance of 32.53 feet to a point, Thence along the arc of a circular curve to the light a distance 100.61 feet, said curve having a central angle of 28°07'10", a radius of 205.00 feet, a chord bearing North 66°09'54" West, a chord distance of 99.60 feet to a point, ANNE7CATION ORDINANCE - SALMON RAPIDS Page 1 • • Thence South 58°44'02" West a distance of 153.38 feet to a point, Thence North 38°16'53" West a distance of 340.81 feet to a point, Thence South 51°43'07" West a distance of 153.00 feet to a point, Thence South 87°20'53" West a distance of 61.52 feet to a point, Thence South 51°43'07" West a distance of 124.87 feet to a point, Thence North 38°16'53" West a distance of 160.00 feet to a point, Thence South 83°56'20" West, a distance of 91.41 feet to a point, Thence South 77°08'32" West a distance of 179.41 feet to a point, Thence South 89°55'0" West a distance of 155.03 feet to a point, Thence North 0°57'49" East a distance of 850.71 feet to a point, Thence North 89°55'00" East a distance of 218.78 feet to a point, Thence North 89°55'00" East a distance of 1082.49 feet to a point to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; 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 and resolve how the water and sewer mains will serve the land. ANNEXATION ORDINANCE - SALMON RAPIDS Page 2 • • 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; that the development agreement shall address 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 and other matters. 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, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~`day of April, 1994. APPROVED: > MAYOR -- GRANT P KI G D ATTEST: j'~r(/~ ~-----~ ~`r~ ~ • WILLIAM G. BERG, JR. - C Y CLERK ANNE7CATION ORDINANCE - SALMON RAPIDS Page 3 ~ ~ v ~i ~ vOpPOkq~~' ~ L ,~ ... a 2 . ~ ~ ~~~~ ~ ~ STATE OF IDAHO, ) ~:~ ~ ~~~f~ ~ ti : ss. „~ ~T ~~~• ~O A County of Ada, ) ~ ~ c~~`~TY ~ ~ I, WILLIAM G. BERG, JR., Ci of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY~ IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 6 3 9 , by the City Council and Mayor of the City of Meridian, on the ~ day of April, 1994, as the same appears in my office. ~ f~ DATED this day of April, 1994. ~~~ ~ ~ City Clerk, City o M idian~ Ada County, Idaho STATE OF IDAHO,) : ss. County of Ada, ) On this ~ day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. et,-:,,_-- . i ' ~,N~~~~r~.ri. ' ,`,,,~G E ~ , C,,~ •~ ~ ~~,:, -A'•. ; ~e`~,,~'° -~ J'~; : . ~~ . SEAL : ~ ~O R~, ~ ' 0 _ ~ ~ = es = ~ ~`4'° ~ ~3 L. ~C' ~ ~': MY : • :~-~,~.~~ ~~~,.`. ,~ ~I T { _ ~~ - ,',~~~~II~~, ~~~~,` Public for ldaho g at Meridian, Idah ~ission Expires 2 ANNEXATION ORDINANCE - SALMON RAPIDS Psqe 4 is OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~e cc~~~ ~ ~-~ ~ ~ HUB OF TREASURE VALLEY '~ ~lC ~~. - COUNCIL MEMBERS A Good Place to Live RONA~D R. TOLSMA CITY OF MERIDIAN wALT W. MORROW 33 EAST IDAHO MER~DIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor BID OPENING March 21, 1994 2,000 Gallon Liquid Sludge Applicator Truck Bidder Bid Security Addendum Field Gymmy yes yes Ag-Chem yes yes SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning Bid $79,759.00 $119,996.00 Note: Field Gymmy Bid Security was a$4,000.00 Cashiers Check which was given to Janice for safe keeping. A significant amount of bid review has been done by our consultant on this project, Harry Ahrens of Ahrens & Mason Consulting Engineers. The Field Gymmy truck is known as a conversion unit meaning that it uses a GMC medium duty frame and components from other sources are then attached to it to complete the applicator unit. The Ag-Chem is a custom built truck and is marketed as a Terra-gator and is probably known as the Cadillac of the sludge applicator trucks. Our existing applicator truck is a conversion unit (known as Big-Wheels) and we have owned it since the wastewater treatment plant was built and opened in 1979. The truck wasn't used much in the early years because of our limited growth. In the past few years it has been used alot and at this time we are hauling sludge 7 days a week during the good weather. As development continues we are having to haul greater distances because the farmland is being subdivided. We need to have a reliable unit and one that can be serviced if it becomes necessary. Big Wheels has become very difficult to maintain because the company that built it has gone out of business. Parts availability is catch as catch-can and the maintEnance costs have increased significantly in the recent past because of the increased use. One major problem has been spring breakage because of the corrugated fields and the heavy load of sludge. It is unfortunate that we did not receive a bid from each of the four plan holders so that we had more comparisons to make. It has been very difficult to make a decision but your staff feels more comfortable with the Ag-Chem unit because of conversations they have had with local users of this truck and experiences these other users have had with conversion trucks under heavy usage. One item remains to be finally resolved and that is the dimension of the Ag-Chem unit to make sure it will fit into the shop bay of ^ ! ~ ~ the control building where it will need to be housed during the winter months. 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C~. 3 n i ~~ o ro+~ ~ a, o ~ b °i •~' i . i. >. .C 4- o u~ U a, • ~, a, +~ ~ 4- +~ E+~ ~U •~+ u a, t•~+ t~ o ~' U ~ > a,t U~ •'~ +' ~ ~ ~ L i ++ ~ .C L 4- ~ ~. a, o .~, ~ ~ ~' u' ~ n1 t +~ ~ , L ~ ~ C~ O i a, t 3 ~ N ~ L ~' L+~ a, u~ a, .~a +, ~. . ~- 4-. +~ a ~ tn .-~ ~ G t O N IIi , .C 4- ~ t a~ 0 1-- ~ ,n ~ Q~ 0 w~ E u ~ {~ •• t ~ i- ~ Q ~ ~ Ql '~ Q~ ~ 0 ~ ~~ '.~ ~ ~"'1 Q o ~ n °. .~ n, ~o v~ a.-~ 4- r ro.-~ 'O 3 a, u~ ~ o V ~3 N ~ 1!i ~n . ~ m ~~ s. c {ll GJ O a, .c a . 4- QJ „ N v.~.~ ~ G ' ~ ' ~~.-~ u1 N Ol S.. Gl ''~ Y O~ ~ O O ~• A t1 G•~ N G W~.N . ~. V ~ 3 S. ~~ L o ro Y ~' U 3 w • ~ DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 03/16/94 ACCOUNT # NAME & ADDRESS AMT PAST DUE 1-80 LEONARD MCFADDEN 60.25 132 W. BROADWAY 1-180 GARY FARNSWORTH 51.55 715 W.3RD ST. 1-1860 THOMAS A. MURRELL 19Z.05 661 W. IDAHO 1-2000 JAMES SELLERS Z07.60 331 W. IDAHO AVE. 1-2010 RICK S. WISDOM 56.65 323 W. IDAHO AVE. 1-2060 RICHARD HINES 109.45 123 W. IDAHO 1-3310 EMIL & ESTHER BRINCKEN 64.10 711 W. PINE AVE. 1-3390 ANGELA CUSSINS 71.95 503 W. PINE AVE. 1-3490 ERIC THREIMAN 69.40 231 W. PINE AVE. 1-3520 NORM FULLER 76.65 830 W. 2ND ST. 1-3660 THOMAS H. BRANDT 43.90 411 MERIDIAN RD. 1-3680 DAVID RUNDLE 38.80 337 MERIDIAN ST. 2-'70 CYNTHIA THOMAS 38.80 922 W. 2ND ST. • ~ 2-670 AUSTIN L. YOUNG 49.00 916 W. 10TH 2-680 AUSTIN L. YOUNG 54.10 918 W. 10TH 2-1050 BILL GRAU 97.65 820 N. LINDER RD. 2-1250 ELIZABETH WEAKLEY 64.30 1528 W. 1ST ST. 2-1370 DEBRA LYNN WHITE 58.40 1607 W. 1ST ST. 2-1400 DAVEN L. STORY 59.15 1513 W. 1ST ST. 2-1560 DAVID DOMKA 61.75 1404 W. 2ND 2-1730 DR. BARRY SAMS 87.60 403 W. CHERRY LN. 2-1840 RICHARD J.HAIRSTON 92.35 218 W. MAPLE AVE. 2-2030 VIRGINIA MEYER 54.65 230 CAMELLIA 2-2150 LOUIE J. NEAGLE 90.35 216 CHERRY AVE. 2-2170 DEANNA BERRY 75.30 232 CHERRY AVE. 2-2180 DUWAIN SHEPHARD 80.00 238 CHERRY AVE. 2-2190 DUANE TREAT 79.60 312 W. CHERRY AVE. 2-2200 MICHELLE WHITMORE 41.97 315 W. CHERRY AVE. 2-2460 LISA L. COX 38.80 1230 W. 4TH 2-2540 ELLEN M. BAILEY 49.00 338 CHERRY AVE. • • 2-3000 DONALD A. YOUNG,JR. 51.55 635 W. CHERRY LN. 2-4A~50 DOUGLAS BODINE 38.80 1207 NORTHGATE CT. 2-4510 MAURICE AINGER 71.95 1417 W. 13TH AVE. 2-4520 PATRICIA R. WILLIAMS 56.65 1409 W. 13TH ST. 2-4550 TOMMY VINCENT 66.65 1329 W. 13TH AVE. 2-4740 JUDY ALBRECHT 77.05 1406 W. 14TH ST. 2-4890 STEVEN J. BISHOP 74.50 1540 W. 15TH ST. 2-5010 GEORGE EARLEY 56.65 1536 N. LINDER RD. 2-5040 BARRY D. MITCHELL 106.95 1527 NORTHGATE AVE. 2-5170 JILL RODRIGUEZ 68.80 1401 W. 14TH ST. 2-5590 RANDALL WRIGHT 54.10 1426 W. WASHINGTON ST. 2-5720 DENNIS ANTHONY 59.20 1407 W. CARLTON 2-5850 PHILLIP DUPEROUZEL 41.10 1406 W. CARLTON ST. 2-5870 MICHAEL HOLT 69.10 1432 W. CARLTON 2-6300 GLEN SCHILDHAUER 91.80 1203 W. 8TH 2-6670 DAN FRASIER 69.40 1180 W. STATE ST. 2-6860 MARK CANNON 41.35 1090 W. STATE • • 3-54 RICK FI5HER 38.90 705 W. ABERNATHY WY. 3-388 LESLIE BRUNTON 66.85 1968 W. SLATON DR. 4-1998 GREGORY A FLATTERY 71.15 2031 W. SONOMA DR. 4-2280 STEVEN HAMMOND 59.20 1842 W. SONOMA DR. 5-230 CHARLE5 FREELAND 93.45 3968 W. BLUE CREEK DR. 19-40 LINDA WARD 46.80 3807 HARBOR POINT DR. 20-128 M.L. HIXSON 38.80 1909 N. GREENFIELD AVE. 20-1282 LARRY ANDERSON 37.00 1900 N. ARONMINK WAY 20-1508 J. ERIC ZELLER 61.75 1885 N. OAK IiILLS DR. 20-1638 THOMAS LINK 71.95 1920 INCLINE WAY 20-1664 STEVEN MEDLEY 105.10 3761 WOODMONT DR. 20-1848 RONALD R. WILSON 54.10 2153 TURNBERRY CIR. 20-1914 TAMARA MCNABB 38.80 1781 INCLINE WAY 20-1960 MTKE STEIN 61.75 1621 INTERLACHEN WY. 20-2026 JOHN W. MTLLER 56.65 3737 SUGAR CREEK DR. 20-2048 TOMMY TURLEY 59.20 3479 SUGAR CREEK DR. 20-2054 FREDRICK C. HUTH 110.00 3419 SUGAR CREEK DR. • • 20-2058 WILLIAM L. PATTERSON 145.90 3349 SUGAR CREEK DR. 21-6 PAUL BROMET 77.05 1662 TODD WAY 21-46 ROGER D. MOON 39.80 2072 LEANN WAY 21-1174 DAVID TWADDLE 73.10 2492 W. CHATEAU DR. 21-1590 DAVID WHITTEN 61.75 2151 TODD WAY 21-1650 HEIDI BUFFI 49.00 2030 TODD WAY 21-1758 ROBERT B. KOCK 49.00 1840 TODD WAY 21-1766 RICK K. COFFMAN 84.50 1960 MARIANNA PL. 21-1770 ROBERT BRINTON 77.05 1941 MARIANNA PL. 21-1776 EARL FOREMAN 61.75 1920 TODD WAY 21-1820 MARK DAVIS 49.1Q 2001 TODD WAY 21-1894 CLINTOId BARNHART 53.95 2580 MISTY DRIVE 21-1900 BARRY H. MUIR 66.85 2585 MISTY DRIVE 21-1912 DWIGHT JENKINS 110.20 1721 TODD WAY 21-1928 BRUCE R. BAILEY 77.05 2590 REBECCA WAY 21-1930 BRUCE BAILEY 112.75 2594 REBECCA WAY 21-1948 ANDY HARDEE 55.51 2595 REBECCA WAY ~ • 21-1958 ALAN DOTY 42.95 2575 REBECCA WAY 21-1996 SILVER MAPLE DEV. 84.70 2851 W. ANN ST. 21-2060 MICHAEL D. MACHOS 42.10 1679 N VICTOR AVE. 21-2068 JEFFREY PUGMIRE 61.75 3015 W. ANN ST. 21-2182 JUAN S. LUNA 71.40 3040 W. HIGAN ST. 21-2198 JENNIFER LOVAN 30.15 3035 W. KANDICE 21-2564 E.E. BUD BRINEGAR 42.60 2220 N.TEN MILE DR. 22-322 CLIFFORD WELLS 61.75 1830 W. CHATEAU DR. 22-338 JEFF R. BURROUGHS 71.95 1861 TRACY CT. 22-462 GLEN OLSEN 66.85 2368 N.GLENNFIELD PL. 22-464 KEVIN GLENN 46.45 2384 N.GLENNFIELD PL. 22-860 SUSAN E. TEATER 49.00 2234 N. KUBIK PL. 22-924 RONALD W. BENTZINGER 56.65 2135 MONACO WAY 22-994 CHRISTOPHER GIORGIO 46.45 2245 N. MARBURG PL. 22-1322 RICK HARDY 77.25 1945 MONACO WAY 22-1356 MARVIN L. KERBS 89.80 1983 HENDRICKS CT. 22-1380 5TEPHEN F. AMAR 54.10 2008 MONACO WAY s • 22-1396 WILLIAM AVERY 79.60 1967 CAIRNS WAY 22-1422 BLAINE HUNTER 112.75 1689 W. MCGLINCHEY ST. 22-1514 DALE E. ZIMNEY 69.90 1894 SANDALWOOD DR. 22-1574 ROBERT D. TALBURT 56.65 1895 W. CHATEAU DR. 22-1612 DAVID BERRY 54.10 1710 BEARDEN CT. 22-1634 EVA LOUISE REED 51.55 2291 N. LINDER RD. 31-142 MARY VANDEVENTER 49.25 1330 W. YOST CT. 31-472 RANDY HEFFNER 181.30 1426 SANDALWOOD 31-496 RICK T. SCARAGLINO 49.00 1422 STOREY ST. 31-728 KATHARINE BERTO 56.65 1332 NEWPORT DR. 31-754 DAVID ZASTROW 40.95 1531 TANA DR. 31-758 PHILIP MARR 51.55 1509 TANA DR. 31-770 DANIEL PARADIS 79.60 2207 N.W. 15TH ST. 31-848 PATRICIA G. BERNHARD 38.80 2240 N.W. 12TH ST. 31-868 FRANK JAKOMEIT 76.85 1338 W. CHATEAU AVE. 31-2218 JOYCE LINSENMANN 47.25 2664 13TH 5T. 31-2230 TAMI WATTERS 43.90 2691 13TH ST. • • 31-2236 LINDA PARSONS 59.20 2635 N.W. 13TH ST. 31-2282 JACK FIESELMAN 49.00 2802 N.W. 14TH ST. 31-3018 FORREST F. SCHUSTER $9.45 2218 N.W. 14TH ST. 31-3034 ROBERT NORRIS 61.'75 1311 W. CHATEAU AVE. 31-3060 DAVID BASTIAN 66.85 960 W. CHATEAU DR. 31-3252 RONALD BA~2KER 34.50 1111 DELMAR DR. 31-3272 ROB WHITED 61.75 2095 N.W. 11TH 31-3368 DONNA GARDNER 51.55 933 W. CHATEAU DR. 31-3374 JERRY GOULDING 74.50 2271 N.W. 10TH ST. 31-3400 DANIEL L. ROWELL 186.00 2222 N.W. 11TH 31-3406 MARY H. ULIN 56.65 1111 FAIRWOOD CT. 31-3420 JULIA COUCH 57.30 1012 FAIRWOOD CT. 31-3454 LORI BABBITT 71.95 2051 N.W. 8TH ST. 31-3458 DARRYL HOPKINS 54.10 2048 N.W. 9TH PL. 31-3468 RADD W. FARBO 54.10 2075 N.W. 9TH PL. 31-3502 KAROL WALKER 41.35 1665 N.W. 11TH AVE. 31-3514 GEORGE OSTLUND 70.20 1786 N.W. 11TH AVE. ~ ~ 31-3528 JACK TEATER 66.85 1938 N.W. 11TH AVE. 31-3618 JAMES HUDSON 47.55 1015 STOREY AVE. 31-3662 LEISURE VILLAGE VII 107.60 1721 W. 8TH ST. 32-446 WILLIAM A. CAVINESS 49.95 2054 N.W. 8TH ST. 32-540 RICHARD L. DAVLIN 69.40 603 LAWNDALE DR. 32-630 VINCENT GARDNER 69.40 2b70 CRESTMONT DR. 32-830 JOHN G. CARMONNE 79.60 482 W. WILLOWBROOK DR. 32-860 BLAIR CARPENDER 51.55 618 LONGFORD DR. 32-872 ROGER F. BECKER 117.85 671 TIFFANY DR. 32-880 BILL L. LINDAUER 59.20 551 TIFFANY DR. 32-$84 DEBORAH J. CARLSON 56.65 566 TIFFANY DR. 32-1190 JACK & VALLA SHALZ 79.25 115 W. SPICEWOOD DR. 33-56 TEL-CAR, INC. 120.10 220 E. FAIRVIEW AVE. 33-100 AMERICAN TEXTILES 41.35 200 E. FAIRVIEW AVE. 34-342 RONALD DA.RCO 91.73 1686 JERICHO 34-504 RONALD ERICKSON 49.00 2096 N. SAPPHIRE PL. 34-544 WENDY L. BRISTOL 59.20 2098 N. AMETHYST PL. • ~ 34-592 TODD ELLIS 72.20 2328 N. AMETHYST PL. 34-900 DAN & ROXANA TODD 58.70 1127 E. HUNTER DR. 34-1018 DONALD & JULIE RICE 59.20 2548 N. ELK COVE WAY 34-1416 HENDERSHOT CONST. 51.55 1024 E. GROUSE DR. 34-1792 ANITA NASH 84.70 2167 JERICHO WAY 34-1838 MICHAEL P. KELLY 59.20 2071 N.E. 10TH AVE. 34-1844 STEPHEN BUFFATT 89.80 2092 N.E. lOTH ST. 34-1898 REX S. EDINGER 46.80 2111 N. LARK PL. 34-2104 HEIDI TYLER 46.45 1034 TAMMY ST. 34-2134 OPAL BLUMME TRUST 59.20 1071 CLARENE ST. 42-1976 JOHN CARSTENSEN 64.30 1840 E. MEADOW WOOD ST. 42-2252 BRAD L. MCKINLEY 64.30 2220 E. CHATEAU DR. 42-2290 JEFFREY LOVE 56.65 2138 E. KATELYN DR. 42-2350 JOHN D. LEWIS 41.35 1787 E. GREEN MEADOW CT. 42-2408 MATTHEW HIBBS 51.55 1655 E. MEADOWGRASS ST. 42-2446 JEFFREY S. FERGUSON 54.05 1'703 E. LOCHMEADOW CT. 42-2460 JACK BURTON 73.70 1784 E. LOCHMEADOW ST. • ~ 42-2496 LESLIE SIEMON 87.25 1961 E. GLENLOCH ST. 42-2596 ROBERT MILLER 61.75 2052 E. LOCHMEADOW CT. 42-2602 MATTHEW CASSERINO 72.10 2484 N. LAUGHRIDGE AVE. 42-2718 KENDAL L. BOESEN 49.00 2507 N. LAUGHRIDGE AVE. 50-2 TOM ELLIOTT 105.40 16 EAST PINE 50-12 PAUL H. SMITH 50.70 29 E. STATE AVE. 50-30 E.E. BRINEGAR 54.00 115 E. STATE AVE. 50-88 PATSY GARRETT 49.00 934 E. 5TH ST. 50-206 GREGORY L. BELZESKI 46.45 404 E. STATE 50-208 MIKE CLAUNCH 84.70 338 E. STATE-#2 50-210 MIKE CLAUNCH 69.40 338 E. STATE-#1 50-212 DAVID W. RICHARDSON 38.80 330 E. STATE AVE. 50-294 JAMISON SHOEMAKER 150.10 1031 E. 1ST 50-344 RICHARD E. MAYHEW 62.30 513 E. CARLTON 50-352 JOHN A. DECORDE 51.55 428 E. CARLTON 50-358 ARTHUR B. COX 89.80 400 E. CARLTON 50-464 ANTHONY STOPELLO 61.75 1128 E. 5TH • • • 50-1380 GARY TIMSON 54.10 1302 E. 15T ST. 50-1500 APOLLO CLEANERS 169.65 1535 E. 1ST ST. 50-1504 TERRY WOODWARD 355.55 1535 E. 1ST ST. 50-1606 LEE SELLS 78.80 1323 E. 1ST ST. 50-3724 STEVE MEISTRELL 75.30 995 N. RALSTIN PL. 50-4276 KENNETH DAILEY 56.30 1007 N. STONEHENGE WAY 5Q-45Q6 BETTY JACOBSON 48.80 436 E. PINE AVE. 50-4510 EDWARD CLARK 135.50 432 E. PINE 51-314 RICK HORTON 38.$0 342 E. BROADWAY AVE. 51-350 GORDON W. HEATH 54.80 200 E. BROADWAY 51-370 MITTLEIDER HARNESS SHOP 38.80 126 E. BROADWAY 51-382 IDAHO TENT & CANVAS 108.80 708 E. 1ST ST. 51-446 127 CLUB 406.35 127 E. IDAHO 51-518 KENT FUHRMAN 48.80 509 E. IDAHO 51-730 PHIL HURLEY 79.80 318 E. IDAHO 51-738 KELLY A. GWILLTAM 38.80 302 E. IDAHO 51-790 THE UGLY DUCKLING 63.30 804 E. 1ST ST. • • 51-3222 BRAD & SUSAN SMITH 54.65 2b4 E. 2ND ST. 51-3300 DAVID ROBERTS 41.35 133 E. KING 51-3320 TIMOTHY ZIMMER 64.30 234 EAST 2ND 51-3740 DON SCHNEE 53.70 203 EAST ADA 51-4100 STEVE'S RADIATOR 186.90 41 E. BOWER AVE. 51-4110 STEVEN NESMITH 38.80 47 E. BOWER 51-4220 BETTY YOUNG 58.40 343 E. BOWER 51-4270 AMERI GAS/NAMPA 38.80 300 E. BOWER 51-4330 JOHN NESMITH 129.60 505 E. 15T 69-630 DENNIS GARDUNO 48.05 1386 E. PEACOCK ST. 74-350 GARY E. FRANK 69.40 638 HANOVER CT. 74-422 DENA CROASDALE 41.35 633 BARRETT ST. 74-1146 HOPE ARMS APTS. 155.20 50 HOPE P,RMS LN . 74-1150 HOPE ARMS APTS. 155.20 52 HOPE ARMS LN. 7~4-1154 HOPE ARMS APTS. 160.30 60 HOPE ARMS LN. 74-1158 HOPE ARMS APTS. 157.75 72 HOPE ARMS LN. 74-1162 HOPE ARMS APTS. 155.20 80 HOPE ARMS LN. . • • 74-1166 HOPE ARMS APTS. 341.70 92 HOPE ARMS LN. 74-1170 HOPE ARMS APTS. 155.20 150 HOPE ARMS LN. 74-1174 HOPE ARMS APTS. 165.40 152 HOPE ARMS LN. 74-1178 HOPE ARM5 APTS. 157.75 160 HOPE ARMS LN. 74-1182 HOPE ARMS APTS. 155.20 172 HOPE ARMS LN. 74-1186 HOPE ARMS APTS. 196.60 180 HOPE ARMS LN. 74-1190 HOFE ARMS APTS. 157.75 192 HOPE ARMS LN. 74-1194 HOPE ARMS APTS. 95.05 250 HOPE ARMS LN. 74-1198 HOPE ARMS APTS. 155.20 252 HOPE ARMS LN. 74-1202 HOPE ARMS APTS. 162.85 260 HOPE ARMS LN. 74-1206 HOPE ARMS APTS. 155.20 272 HOPE ARMS LN. 74-1210 HOPE ARMS APTS. 155.20 280 HOPE ARMS LN. 74-1214 HOPE ARMS APTS. 176.20 292 HOPE ARMS LN. 74-1218 HOPE ARMS APTS. 155.20 352 HOPE ARMS LN. 74-1222 HOPE ARMS APTS. 239.95 360 HOPE ARMS 74-1226 HOPE ARMS APTS. 119.20 350 HOPE ARMS LN. 74-1230 HOPE ARMS APTS. 155.20 372 HOPE ARMS LN. . ~ ~ 74-1238 HOPE ARMS APTS. 155.20 392 HOPE ARMS LN. 74-1314 NORM FULLER 35.40 413 S. MERIDIAN ST. 74-2324 RALENE GREGORY 189.25 1125 CRESTWOOD DR. 74-2442 JOHN NESMITH 38.80 112 S.W. 12TH AVE. 74-2476 LEO PEREZ 56.65 1358 KIMRA 74-2850 JAMES G CHEESBROUGH 79.60 519 S. SPOONBILL AVE. 74-2876 TRACY USSERY 82.15 1345 W. MERGANSER DR. 74-2968 MICHAEL PACKARD 56.70 1577 S. PINTAIL DR. 74-3300 DONALD L. MOORE 64.30 1244 W. GREENHEAD DR. 74-3326 MICHAEL A. YOUAiG 61.75 1516 W. GREENHEAD DR. TOTAL DUE: 19,415.06