HomeMy WebLinkAbout1997 07-01° ~~ ~
MERIDIAN CITY COUNCfL
AGENDA
TUESDAY, JULY 1, 1997 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELD JUNE 16, 1997:
(APPROVED)
MINUTES OF PREVIOUS MEETtNG HELD JUNE 17, 1997:
(APPROVED)
TABLED JUNE 3, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION: (TABLED UNTIL Al1GUST 5, 1997)
2. TABLED JUNE~ 3, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS,
COMMITTEES: (TABLED UNTlL AUGUST 5, 1997)
3. TABLED JUNE 3, 1997: ORDINANCE #761 - TRAFFIC SAFETY
COMMISSION: (~TABLED UNTIL AUGUST 5, 1997)
4. TABLED JUNE 17, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (CITY ATTORNEY
TO PREPARE FINDINGS OF FACT AND CONCLiJSIONS OF LAW)
5. ~ABLED JUNE 17, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY ONE ACRE TO R-15 BY LARRY & KAY HANSEN: (CITY
ATTORNEY TO PREPARE FBNDINGS OF FACT AND CONCLUSIONS OF
LAW)
6. AMENDED ORDINANCE #764 - PACKARD SUBDIVfSION NO. 2
ANNEXATION: (APPROVED) ,
7. TABLED JUNE 17, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
(TABLED UNTIL JULY 15, 1997)
8. ~INDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR REDUCTION OF FRONT AND SIDE STREET SETBACK BY
A'a LLC: (APPROVE FINDINGS; APPROVE DECISION)
9. ~INDINGS OF FACT AND CONCL4JSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A CAR WASH WITH FUEL FACfLITIES BY STEVEN
BAINBRIDGE: (APPROVE FINDINGS; APPROVE DECISION)
~ •.
10. ~INAL PLAT AND DEVELOPMENT AGREEMENT FOR MEDIMONT
SUBDIVISION NO. 1 BY PROPERTIES WEST INC.: (APPROVE FINAL PLAT
AND DEVELOPMENT AGREEMENT)
11. REQUEST FOR A CONDITIDNAL USE PERMIT FOR A TRUCKING TERMINAL
BY DONOVAN BROTHERS COMMERCIAL CONSTR4JCTION: (APPROVE
AMENDED FINDINGS; APPROVE DECISION)
12. REQUEST FOR RELEASE OF NON-DEVELOPMENT AGREEMENT FOR
GOLF VIEW ESTATES NO. 4 SUBDIVISION: (APPROVED)
13. LEASE AGREEMENT WITH RED CANYON: (APPROVED)
14. WATER/SEWER/TRASH DELiNQUENCIES: (APPi20VED)
15. APPROVE BILLS: (APPROVED)
16. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. ASHFORD GREENS LIFT STATIDN STATUS REPORT:
2. ASHFORD GREENS LIFT STATION CHANGE ORDER:
{APPROVED)
3. NOTICE TO PROCEED ON CONSTRUCTIDN OF WET WELL:
(APPROVED)
4. EXTENSION OF SEPTIC SYSTEM FOR VAN AUKER:
(APPROVED)
B. WAYNE CROOKSTON, CITY ATTORNEY:
1. LATE COMERS AGREEMENT WITH DAVE LEADER, IDAHO
ATHLETIC CLUB AND CITY OF MERIDIAN: (APPROVED)
C. WILL BERG, C1TY CLERK:
1. STREET LIGHT AGREEMENT WITH STEINER DEVE'LOPMENT:
(APPROVED)
D. CHARLIE ROUNTREE, C1TY COUNCILMAN:
1. PARKS & R'ECREATION DIRECTOR: (APPROVED)
• •
MERIDIAN CITY COUNCIL JULY 1, 1997
The regular meeting of' the Meridian City Council was called to order by Mayor Robert
D. Corrie at 7:30 P.M.:
MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Glenn Bentley, Ron Tolsma:
OTHERS PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Chief
Gordon, Richard Balster, Lorin Saunders, Morten Awes, Dixie Roberts, Helen Sharp,
Larry & Kay Hanson:
MINUTES OF SPECIAL MEETING HELD JUNE 16, 1997:
Corrie: Is there a motion for acceptance?
Tolsma: So moved
Rountree: Second
Corrie: Motion made and seconded that we accept fhe special meeting which was
called to Executive session, all those in favor'? Opposed?
MOTION CARRtED: All Yea
MINUTES OF PREVIOUS MEETING HELD JUNE 17, 1997:
Corrie: Any correction or alteration to those minutes? Entertain a motion for
acceptance?
Rountree: So moved
Tolsma: Second
Corrie: Motion made and seconded that we approve the minutes of the meeting held
June 17, 1997, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #1: TABLED JUNE 3, 1997: FINDINGS OF FACT AND CONCLUSIDNS OF
LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION:
Corrie: Counselor, where are we on that one?
Morrow: The Ashford Greens, we are holding that for the adoption of the new irrigation
ordinance which we will be doing later this month. At that point in time that we adopt
Meridian City Council • •
July 1, 4997
Page 2
that ordinance Ashford Greens may not even need a variance. So I think that I would
like to table #hat until our first meeting in August which would be August 5.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table item 1 to the August
5th meeting, any further discussion? All those in favor'? Opposed?
MOTION CARRPED: All Yea
ITEM #2: TABLED JUNE 3, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS
AND COMMITTEES:
Morrow: Mr. Mayor I would move that we table that to August 5th, we in the course of
our work the last two months have not had an opportunity to re-work those ordinances. I
would like to table items #2 and 3 to August 5th to give us an opportunity in our planning
session to re-work those finro ordinances please.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Benfley, to table items 2 and 3 to
the meeting of August 5th, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
1TEM #4: TABLE JUNE 17, 1997: R'EQUEST FOR REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Tolsma: Mr. Mayor I need to step down, I have a conflict wifh this one.
Corrie: For the record Councilman Tolsma is stepping down with a conflict of interest.
Stanfield: Scott Stanfield with JUB Engineers representing Lorin Saunders on the
request for a rezone from R-4 to R-15. Gary Lee is the project manager of this project,
but he could not make it this evening. Basically this is a request for rezone from R-4 to
R-15 of approximately 9.42 acres lying south of Pine and West of 8th Street. A little
history behind the project, is back in February of this year Mr. Saunders submitted a
rezone application and on February 11~h the Planning and Zoning Commission
recommended approval of the rezone request. However during the Council meeting it
was tabled due to lack of sufficient evidence supporting the project. Consequently he
has hired JUB to prepare the engineering concept plan that each of you should have in
your packets. Basically the concept shows that the property is bordered on the south
wifh railroad tracks and light industrial zoning. Vacant land lies to the west with R-4
zoning, single family residential units to the north wifh R-4 zoning and town houses and
apartment and duplex to the east with R-15 zoning. The Nine Mile Drain runs through
Meridian City Council ~ •
July 1, 1997
Page 3
the middle of the property east to west approximately splitting it north and south. As the
plans shows there are 82 building lots wifh four open space common lots, those will be
landscaped. Minimum frontage will be 40 feet minimurn. Minimum lot area will be about
3200 square feet. Density will be at about 5.5 units per acre on this site. A typical
building footprint is also shown on the plan. The units will be town houses as opposed
to duplexes. They will be built in pairs, architectural rules will govern fhe construction of
these town homes. The units will be a mixture of single and double story ranging in size
from 800 to 1300 square feet. Two car garages will be required for each unit. We
selected this layout, the lot layout, lot size, building size based on marketing analysis
that indicates that this size and configuration best suits this area due to the surrounding
R-15 zoning and the light industrial to the south. However, Mr. Saunders basically
wants to get the project built. He wants to please the Council and the City of Meridian
and yet have a marketable project that he can sell fhe lots. That is why we are
requesting a rezone application from R-4 to R-15 at this time.
Corrie: Any questions from Council?
Bentley: In the previous hearings Mr. Saunders I believed stated that he would be
willing to go with an R-8 zone is that still fhe case?
Stanfield: That is sfill fhe case. With the R-8 we foresee applying for a conditional use
permit narrowing the frontage and perhaps agreeing on the minimum lot size with the R-
8. But it is an option.
Rountree: I don't believe you can answer this but my question is has the applicant
considered some type of planned unit development for this property as opposed to
strictly an R-15 or an R-8?
Stanfield: I don't believe that has been talked about as of yet.
(Inaudible)
Saunders: We briefly discussed it, I am not opposed to anyfhing that makes the project
a good one. I just, I was wondering about, I think the planned unit development requires
some kind of an access wasn't it Shari? Highway access or something like that, that
presented a little question.
Shari: I am sorry I can't fiear anything he is saying.
Saunders: On the planned unit development it was my understanding that there was
some question about an arterial unit there. I wasn't sure what we were talking about,
maybe it isn't important.
Meridian City Council • •
July 1, 1997
Page 4
Stiles: I think that was a condition of the R-15 is that you be adjacent to a collector or an
arterial. The planned development doesn't have anything to do with an arterial. The R-
15 zone itself has a condition that you have direct access to a collector or arterial.
Saunders: I don't really mind a planned unit development. My main concern is getting
the property that can be sold. It is kind of in a tight area there and it presents some
marketing problems. Now they, the neighbors have kept very good care of their
condominiums and that helps us a lot. Our housing, regardless of what we do is going
to be expensive than what is anything down there. It is going to be nicer because we
have to put in fhe two car garages and fhey are gong to be a pretty nice project. They
have got to be nice to be able to sell them but yet we are challenged on fhe price that
we can sell fhem for in ;that area. So whatever is best for the City and so that I can get
the project developed I~am will'ing to do anything I can. This density is 5.5 units per acre
is not a whole lot more than 4 units to an acre. It is getting, it is not going to be a
crowded area it should 'be a nice area. So Gary Lee took everything and he kind of
designed this concept with some of the things that we had and thought it was a pretty
good concept didn't he: His father is ill right now so he missed this meeting. I just want
to get something going and something that I can market. I did have a builder to work
with even though I don't right now. I am looking for another builder, I have a couple in
mind. The fellow that was working with me decided not to be involved in the project. I
can't get commitments from the builders until I get some rezoning or get something
resolved so they can spend some money and put the plan together. I would just like to
know what you want to do. I thought fhis would be a pretty good plan. But whatever you,
if there is something about it you want changed. Like 1 say I am very willing to work
wifhin the R-8 zoning, density. The only trouble with R-8 it indicates duplex, it doesn't
say anything about town houses and I was a little concemed about that. We decided we
wanted to use town houses and not duplexes and R-15 did specifically state town
houses where R-8 doesn't we can build town houses on R-8 with zero lot line then no
problem at all with me. The lot sizes, I can, I am open to suggestions there too, I have
talked to the neighbors down fhere and they feel pretty good about what I proposed to
them. I showed them the plan, in fact I left them one and met with their homeowners
meet down fhere and met with them and showed them what I was doing. Unless they
changed their mind they were all very amenable for this type of a plan. What I am trying
to do is whatever it takes to get the project going.
Corrie: Any further questions from Council?
Morrow. Mr. Mayor can we have a staff report from Shari and Gary concerning the
proposed layout in the R-15, R-8, planned unit proposals? ~
Stiles: Councilman Morrow, Mayor and Council, I just reviewed this briefly today, I
guess part of the problem I have is if you are going to go with an R-8 even though Mr.
Saunders indicates he has no problem with the R-8 this does not meet the requirement
of an R-8. The minimum size at least for a duplex unit I believe is 4250 for a duplex
unit. Single family homes of course would be 6500 square foot minimum. Although my
Meridian City Council • •
July 1, 1997
Page 5
comments indicated th.ey would be required to go through the conditional use process
my intent there is that it would be a planned development under the conditional use
process. They are going to have to have the minimum ten percent open space and I
believe they will exceed that with the Nine Mile Drain. Also as part of the conditional
use application we wou'Id ask for actual building elevations and materials of construction
to know what the buildings are going to look like on the site to see, so that went through
the approval process if that is what you so desire. This is a hard piece of property, I
know there is R-4 lots adjacent to Pine. They have buffered them somewhat alfihough
they are not going to be the size of those lots that are there currently. With what some
of the things that you have to pass through to get to this piece of property you are not
going to get I don't believe that you will get people that want a single family typical
subdivision. It is good to have a higher density close to town. I guess my main concern
is knowing what the buildings are going to look like, how they will fit on those lots and I
am sure it will be a sellable project.
Morrow: Question, in terms of if you are going to do R-8 then in order to change
frontages and that type of thing. you would have to do a variance would you not?
Stiles: As part of a planned development you can ask for changes in some of those
requirements. It would be better to do it as a conditional use application because
othervvise they are asking for a variance on tiling the Nine Mile Drain even though we
don't permit that to be done. A variance on the frontages, on the side setbacks because
our ordinance doesn't allow for zero lot line development.
Morrow. So your favored way of going then if we are going to do the R-8 would be to do
a planned unit development where all of those things can be covered as part of the
planned unit development presentation is that correct?
Stiles: Yes
Corrie: Gary, do you have any comments?
Smifh: I don't think I have many Mr. Mayor, just the sewering of the system I would
assume that JUB has traced that sewer tine back from the existing manholes to make
sure there is enough depth to serve the property. I think in part of that area it was
getfing kind of tight as far as depth. I would assume that they have looked at fhat. I
really don't have any ofher comments concerning.
Corrie: Is his assumption correct?
Stanfield: Correct, we did a preliminary analysis on which direction to come from the
sewer and in any case we would come off of Pine through property owned by Mr. & Mrs.
Hanson and fhey have tentatively agreed to the possibility of providing the 20 foot east
of their property.
Meridian City Council '• •
July 1, 1997
Page 6
Morrow: Mr. Mayor, point of discussion I guess what I would favor is seeing an R-8
zoning with the planned unit development put together. I think also if that is avenue that
we choose to go we will need to do new findings of fact and conclusions. I know it has
been some time since we last discussed this issue but if inemory serves me there was
substantial discussion by the public in the original presentation. We have been tabled
three times awaiting Mr. Lee's presentation. So my preference would be the R-8 with
the planned unit development concept.
Corrie: Any further discussion Council?
Rountree: That is my preference also, t think we get the concerns we have taken care
and I think it probably addresses the flexibility that Mr. Saunder wants to have
(inaudible). There are some advantages to the developer.
(Inaudible)
Saunders: I have no problem at all with it, we can come in with whatever you want. It
sounds good to me, it looks to me ~like that would be able to make it so that we could put
something together that was marketable as well as satisfy everyone's concerns. I think
it would also be something that people down there would feel good about as well. So I
don't have any problem with that request whatsoever.
Corrie: With that in mind any comments from the Council?
Morrow: Mr. Mayor I would move fhat we instruct the City Attorney to prepare new
findings of fact and conclusions of law for the rezone of approximately 9.42 acres from
R-4 to R-8 with a planned unit development.
Bentley: Second
Corr'ie: Mofion made by Mr. Morrow, second by Mr. Bentley to go to R-8 with a PUD any
further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: TABLED JUNE 17, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXfMATELY ONE ACRE TO R-15 BY LARRY AND KAY HANSON:
Corrie: Is Larry or Kay or a representative here this evening?
Hanson: I am Larry, I have nothing new to present. Scott, as you may have noticed on
the plat that JUB prepared included our property in that. I wanted to state that like Lorin
I will happily agree to R-8 and a planned unit development arrangement.
Morrow: I have no discussion, I think fhe same issues apply.
Meridian City Council • •
July 1, 1997
Page 7
Rountree: I just want confirmation from Shari that there are no additional issues with
this property. If we were to pursue and a PUD.
Stiles: I don't have any as far as fhe rezone.
Morrow. Mr. Mayor, that being the case I would move fhat we instruct the City Attorney
to prepare findings of fact and conclusions of law.
Crookston: I just want to reference that this is not a rezone this is an annexation and
zoning.
Corrie: Mr. Morrow you, may proceed.
Morrow: The motion would be that we instruct the City Attorney to prepare findings of
fact and conclusions of law for a request of annexation and zoning of approximately one
acre to R-8 by Larry and Kay Hanson with a Planned Unit Development.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City
Attorney to draw up new findings of fact and conclusions of law with a PUD on the
annexation, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: AMENDED ORDINANCE #764 - PACKARD SUBDIVISION NO. 2
ANNEXATION:
Corrie: Gary, did you have time to read this amended ordinance?
Smith: I believe that my assistant Bruce Freckleton reviewed that and said it was okay.
We started a process of sending a legal description to Wayne for inclusion into the
ordinances that is stamped as approved and signed off by Bruce. I think you got that
right Wayne for this ordinance?
Crookston: That is correct but we did not get the legal description until yesterday at
approxirnately 1:00. But Bruce and I have done that and he has reviewed the legal
description and he says that it is fine.
Corrie: AMENDED ORDINANCE #764, AN ORDfNANCE OF THE C1TY OF MERIDIAN
ANNEXFNG AND ZONING CERTAI'N REAL PROPERTY WHICH IS DESCRIBED AS A
PORTION OF THE NW %4, SfCTION 5, T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND
PROVIDING FOR AN EFFECTIVE DATE. ts there anyone from the audience that
would like to have Amended Ordinance #764 read in its entirety?
Meridian City Council • •
July 1, 1997
Page 8
(Inaudible)
Crookston: It includes three separate pieces of property.
(Inaudible)
Sharp: I am interested in which properties they have got because when you are reading
the descriptions because on that one 22 acres it is the PNE that owns it, there is the
Browns that own it an~d the Castles and on the other side there is the Borup property the
PNE and also the people that bought that, that couple that bought that house that was
at one fime the Borup's. So the way we are looking, when I went down to check the
titles there actually was more than just the three pieces. So I would like to see a copy
and have it checked with the records the public records to make sure they are all
included in that. According to the facts and findings they have one and they were all to
be included in fhe annexation.
Corrie: One more opportunity, would anyone like to have the complete ordinance read
at this time? Hearing none.
Morrow: Mr. Mayor, I would move that we adopt Ordinance #764 with the suspension of
rules.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt amended
Ordinance #764 with suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #7: REQUEST FOR PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.
2:
Corrie: I am going to ask the Council with their approval that we table that one until the
next meeting. The reason being that the agenda that was put our Friday did not have
fhat on the original agenda it was changed on Tuesday and it hasn't had a chance to
have everybody knowing about the change. I think that
Morrow: Were there those of the pub'lic that were informed that is was on the agenda for
tonight and so therefore they did not have an opportunity to show up?
Tolsma: Yes
Meridian City Council • ~
July 1, 1997
Page 9
Corrie: Council, whatever you would like to do.
Rountree: I don't either; but I do have a question, was the meeting held and the issues
resolved?
Stiles: Yes fhere was a meeting held, I have received some additional information. I
would like to discuss that information at the next meeting.
Corrie: At the next meeting of this meeting Shari?
Stiles: The next meeting.
Corrie: Any further discussion by Council? I will entertain a motion for table to the next
meeting which would be the 15th of July.
Rountree: Mr. Mayor I move that we table item #7 until July 15.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to table item 7 until the
July 15th meeting, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: FINDfNGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE
REQUEST FOR REDUCTION OF FRONTAGE AND SIDE STREET SETBACK BY A'a
LLC:
Corrie: Council, you have the findings of fact and conclusions of law on that one, any
discussion .or comments?
Morrow: I move that we hereby adopt the findings of fact and conclusions of law.
Rountree: Second
Corrie: Mofion made by Mr. Morrow, second by Mr. Rountree to approve the findings of
fact and conclusions of law as written, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision.
Meridian City Council • •
July 1, 1997
Page 10
Morrow: Mr. Mayor, it is hereby decided that the variance for the setback ordinance is
hereby granted and the applicant shall meet a 20 foot setback and a 20 foot side street
setback.
Rountree: Second
Corrie: Motion made and seconded on the decision, all those in favor? Opposed?
MOTtON CARRfED: All Yea
ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR A CAR WASH WITH FUEL FACIUTIES BY STEVEN
BAINBRFDGE:
Morrow: Mr. Mayor question, trying to clear up the confusion over which set of findings
of fact and conclusions. Maybe the counselor can bring us up to speed as to why we
have two sets of findings.
Crookston: I am not sure why you have finro sets, the initial set that I brought down to
the City hall had the Planning and Zoning Commissioners names on the second to the
last page and I just changed that to the Council.
Morrow: One set was missing page four.
Crookston: I don't know what Anna delivered, my secretary brought down a single page
changing the Commissioners names to the City Council members names. I don't know
how she attempted to perform fhat. They read exactly the same other than the names.
~II do you have the, I talked to Anna fhis afternoon and she said that Marlene brought
it down. It is the second to the last page that has the change in names.
Morrow: So I guess the question is that the findings we can deal with the name change
(inaudible) is everybody happy with the findings of fact and conclusions.
Corrie: One of the things on their drawing, I think Mr. Rountree and Tolsma referred to
in the drawings they would like to see it is they showed the sign as 20 foot tall and in the
findings of fact it said nothing over 12 foot.
Rountree: Which is how it was represented during the hearing.
Crookston: That is what we did at the hearing is, I don't know that it was represented
but they said they would do what the City desired. The discussion by the Councilmen
was not all of the Councilmen but basically it was 12 feet high.
Corrie: The drawings that we just got don't show that.
Meridian City Council ~• •
July 1, 1997
Page 11
Crookston: I have not seen the drawings.
Morrow. I guess the issue there to address that is in our decision if we approve the
findings of fact and conclusions as written it doesn't specifically spell out that prior to
obtaining a building permit that a detailed landscape plan and detail sign plan approved
under design approval both reviewed by City staff and staff shall make a
recommendation and the City Council shall take action on the staff's recommendation. I
think what the issue here is that we can approve the findings of fact and conclusions
and require bofh the submittal of the landscape plan and the sign plan to be in
conformance with what we specified in the findings of fact and conclusions.
Corrie: I agree, I just want to make sure that we are all on the same page on that one.
This just came in and it wasn't there and they had' your questions and answers before
this. That is fine if you are comfortable with that I have no problem.
Rountree: I am comfortable with the language in the findings.
Corrie: I will entertain your motion or further discussion whichever way you want to go.
Morrow: I would move ~that we approve the findings of fact and conclusions of law for
the condifional use permit for a car wash with fuel facilities by Steven Bainbridge.
Bentley: Second
Corrie: Motion made by Mr. Morcow, second by Mr. Bentley to approve the findings of
fact and conclusions of law as rewritten, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow - Yea, Bentley -Yea, Rountree -Yea Tolsma - Yea
MOTION CARRIED: AII Yea
Corrie: A decision?
Morrow: Mr. Mayor, the City Council here by decides that it approves the conditional
use permit requested by the applicant for the property described in the application with
the conditions set forth in these findings of fact and conclusions of law. That the
property be required to meet the water, sewer requirements, fire and life safety code,
uniform fire code, parking, paving and landscaping requirements and all other
ordinances of the City of Meridian. The conditional use should be subject to review upon
notice to the applicant by the city. The applicant shall submit prior to obtaining a building
permit a detailed landscape plan and a detailed sign plan approved under design
approval bofh for review by the City staff and staff shall make a recommendation and
fhe City Council shall take action on the staff s recommendation.
Tolsma: Second
Meridian City Council • •
July 1, 1997
Page 12
Corrie: Motion made by Mr. Morrow,. second by Mr. Tolsma on the decision, any further
discussion? All those in favor'? Opposed?
MOTION CARRIED: All Yea
Morrow: Is that clear as to what we are doing now and you can have copies of all of this
and then you can deal with our staff concerning those two issues.
ITEM #10: FfNAL P`LAT AND DEVELOPMENT AGREEMENT FOR MEDIMONT
SUBDIVISION NO. 1 BY PROPERTIfS WEST INC.:
Corrie: Mr. Barnes, would you like fo step up and give us a short review I am sure we
have a couple questions for you.
Barnes: Yes Mr. Mayor and City Council, I had an opportunity to meet with Ms. Stiles
and Mr. Crookston and Mr. Smith regarding our development agreement. It took some
time to get together but we finally got that accomplished. We worked through a number
of concerns and I think we have worked through things sufficiently. One of the issues
that I got to Gary as a witness that Shari will do a site analysis within 72 hours when we
present everything to her. I couldn't get it in the agreement but I have Gary as a
witness. We worked through a number of issues and i feel good with this development
agreement and we will be happy to execute it. I want to personally just to thank all of
your for all that you have been fhrough regarding this application. I want to assure you
that you are going to be proud of what we are going to go forward with out there. We
are going to do a good job for the City. That is basically it unless you have any further
questions.
Morrow. I have a couple questions wifh respect to dust control. We have had some
discussions about that, you have instituted a dust control program with Mr. Cook of
Cloverdale Nursery.
Barnes: Yes Mr. Morrow we have, #hey have a water truck on site and have agreed to in
writing and it is on site and have agreed to keep the dust down.
Morrow: Have they taken steps to inform the neighbors that they are aggressively
pursuing a dust control policy?
Barnes: Yes they have, they continually get harassed by the neighbors but I am having
the neighbors now call me.
Morrow. Fine, then the other question that seems to have recently come up is irrigation
availability to neighbors. Can you explain to us the issue there?
Meridian City Council • •
July 1, 1997
Page 13
Barnes: They were pumping out a small amount of water for the water truck out of the
head gate. The head gate is at the south end and it goes both east and west. Mr. Cook
and his workers were taking the water going west meaning going away from those
neighbors on the east. They accused them of stealing water. We called Nampa
Meridian and informed the ditch rider to turn in some extra water. They are not taking,
the water has already turned west and checked west so we really aren't taking the water
that goes to that group. But anyway we have had them, we informed the ditch rider to
turn in some extra water. It is a very small amount, It is like five 3,000 gallon tank fulls a
day. We have worked to address that.
Morrow: Do you not have a water right for that property.
Barnes: We do have a water right.
Morrow. So you are taking your own water?
Barnes: Taking my own water.
Morrow: And fihen the issue with the final plat, it seems to me there is a question about
the location of a ditch relative to access for the property owners to the east.
Barnes: We have worked fhat all out, I know that Mr. Lee has got that all worked out.
We haven't heard of any problem there at all.
Morrow. Could I have maybe Gary address that issue?
Smith: Mayor and Gouncil, I don't recall from whom I heard fhis but it was reported that
the ditch is now located or to be located piped along the east side of this subdivision
and it is presently outside the subdivision boundary. That the water gates that are being
provided to the property owners to the east were too small to provide them with their
historical flow of water. Again I don't remember where this information came from.
Corrie: Gary, that was from the meeting that I had with the homeowners, I can give you
a little more information. They had I guess they met with Gary and they were
concerned about the ditch being inside your property line behind the fence. In the
original plat you had it where #hey would have to be responsible for keeping it clean,
fhey were concerned if,; it gets plugged up how do they get inside your property if it is
locked up and do it. Plus fhe other fact was the piping on the bloeks that was given to
them the water if they ran it 24 hours a day still didn't give them their water right
amounts. They were concerned with that and I was kind of hoping that Gary could give
us that information because they are very concerned about that.
Barnes: Mr. Mayor, we will sure work to satisfy any of their concerns. I fhought we had
that all worked out but Mr. Lee is very professional and we will work to make sure that
they are satisfied and have delivery. Some of them have, I know one delivery and some
Meridian City Council ~ •
July 1, 1997
Page 14
of them have two points on their property. We will work to satisfy them in whatever way.
Our concern was that has militant as they have been we wanted to have control of the,
we need to flow the water on through but we wanted to have control of the pipe. If it
takes, whatever i# takes we will work with them.
Corrie: They should mention who controls the water and under these circumstances you
do because it is on your property. That is what they are concerned about, the original
flow was right on the property line the consented to that they said not it is on inside your
line and they don't consent to that. That is one of the problems that they are having
which is a major one is to get the water rights that they have coming. According to the
piping that fhey have seen from Gary that they will not deliver their water the rights that
they have. So that is a concern there and I just pass this onto the Council. We need to
pursue that one way or another. Because if that originally it was on the line and now it
is 10 or 20 feet inside your property fenced.
Barnes: Yes, it was changed, I don't think it is on the line I think it is more inside, the
present concrete ditch is inside my line most of the way. Gary being a professional
engineer he has to put a stamp on everything (End of Tape)
Tolsma: It is basically in the development agreement here it says tile all canals, ditches
and waterways. Submit evidence of appropriate approval (inaudible) and other down
stream water users. So they are going to have to sign off on fhat to honor the
development agreement I guess. (Inaudible) they wanted access to their head gates.
They way it was set up it is was putting the head gate behind a 6 foot fence.
Barnes: Our problem was that this group has gone to no end to make it di~cult and we
just want to make, we fhought that it we had, we put checks in there to stop the water
but ultimateJy we control the overall flow on down. But if we need to move it out to
satisfy them to put it in that 20 foot buffer area no problem we can put if right down and
no problem. Mr. Lee wiU not, we will not short them.
Corrie: I don't think he would either, that is not what I was saying. I am just relaying to
you what their concerns were Jon and like Ron said fhat is in your agreement. I have a
feeling the City is going~ to end up as a mediator here down the line.
Rountree: I got a page and a half letter on this subject from one of the neighbors today.
To summarize it in one paragraph the new proposal denies any present irrigators any
access to the main. It is proposed to be on your side of the fence, this letter is
addressed to Gary Lee. To access my take out I would have to trespass on your
tenants property. Moreover my takeout box is subject to damage and misuse being a
nuisance to your tenant. Indeed within you overall proposal my takeout box will be
located in a storage ya~d and vulnerable to being hit by machinery. That is the just of
wfiat the page and a half talks about. That is their concern being able to get their water
and access the control of their water.
Meridian City Councii • •
July 1, 1997
Page 15
Barnes: But we can go ahead and put it in that 20 feet, remember the way we presented
this we are putting the chain link fence on our side of fhat 20 feet meaning that those
people have access to the trees and buffering.
Rountree: I think that was a misunderstanding on their part, I think they felt the fence
was going to be
Barnes: The fence comes clear over on our part so they have the buffer, they don't look
at a fence, they look at those pretty big trees that I am putting in wifh the grass and all.
Corrie: I think you will probably work it out, I don't have a problem with that. I think I just
needed to relay fhis to you.
Barnes: It was news to me because Gary has been out of town. They call everybody
but me.
Morrow. I fhink the other question there in terms of addressing those homeowners is it
seems to me they expressed a concern about them maintaining the ditch. Obviously if it
is piped and it is on the Medimont Subdivision property it is up to the Medimont folk to
maintain that ditch that would be a benefit to those folk from the standpoint that and
collapses or breakages or that kind of thing would be somebody else's responsibility to
maintain. Obviously they either have forgotten or were not aware that the dividing fence
is outside the common area where all of these things occur. So I think those things
ought to be passed on and addressed by Mr. Lee with the person that sent the letter to
Councilman Rountree and with the rest of the homeowners. I realize it is going to be a
white flag situation for Mr. Lee but I think he is capable of handling that.
Barnes: Yes, and he met with Mr. Smith •that was the vocal one, he is the water master
out there, Bob Smith, and walked the whole thing. In his design he will go back through
and make sure that he satisfied and it sounds like he is going .to be out there with each
one of them making sure what we are going to put in (inaudible).
Corrie: I think one or their concerns that they map they gave me, I fhink this was your
first plat. 1t says item #5 the owner of each lot across that passes an irrigation drainage
ditch or pipe is responsible for fhe maintenance thereof unless such responsibility is
assumed by the irrigation or drainage district. You have a new one that came out and
this is not the same as the original and that was their concern that the finro are not the
same. Was there significant difference and why suddenly they were responsible for it
and now suddenly they are not. That was a concern that f think you can work out.
Barnes: I appreciate hearing (inaudible).
Corrie: Any further discussion from the Council? Anything else Jon? Staff any further
comments?
Meridian City Council • •
July 1, 1997
Page 16
Smith: Mr. Mayor and Council, I wasn't able to find response to our review comments
from JUB. I just want to be sure that there wasn't any problem with the review
comments from Mr. Barnes as far as problems or disagreements with what we had
requested.
Barnes: I talked to Gary Lee today and he didn't express any.
Smith: I think if we don't have that written response I think if we could get that from Gary
that would satisfy that request.
Barnes: Okay, one concern I had, I would like to bring up to you is that and I brought
this up with Mr. Smith you engineer on the water on the frontage the 12 inch water line I
am required to go down 800 feet of Franklin Road with. I would, I have been caught on
these late comer's deals about maybe one too many times. li is hard for us to collect
our money every back and if at all possible and I request this of Mr. Smith and Mr.
Tolsma in our meeting, !I would like to have the pumice products the Builders Masonry I
believe is what fhey call themselves. I would like to get three bids and have them match
the cost. I will go my half and they go their half that at that time. I would rather they get
their money at the go line instead of this late comer's thing going on and on. So if at all
possible we can work that out with our negotiations with them and whatever I would like
to do that.
Corrie: I had a meeting with Stephanie and Mark the other day and I think relayed to
our City Attorney that they need to, their attorney and ours needs to do post haste
conversafion. They wanted to take care of this as soon as possible.
Crookston: I talked to their attorney this aftemoon.
Corrie: So we are on line here?
Crookston: Yes
Morrow: Mr. Mayor, I would move that we approve fhe final plat and the development
agreement for Medimo.nt Subdivision No. 1 by Properties West Inc. subject to the
receipt of the written response to staff s general comments and site specific comments.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by IVIr. Rountree to approve the final plat
and development agreement for Medimont Subdivision No. 1 subject to the conditions
as stated in fhe motion, any further discussion? Hearing none, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Meridian City Council • •
July 1, 1997
Page 17
ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING
TERMINAL BY DONOVAN BROTHE'RS COMMERCIAL CONSTRUCTIDN.
Corrie: Are fhere Members of Donovan Brothers here?
Balster: My name is Richard Balster, I am with Donovan Brothers Construction.
Donovan Brothers is requesting a conditional use permit for Oak Harbor Freight Lines.
They are planning on building 2000 square feet of office. It is going to be on 10.33
acres, 6 acres will be Oak Harbor Freight Lines and the remaining will be left for future
development. Oak Harbor Freight Lines currently is located in Boise so it will be a new
business located in the City of Meridian. Oak Harbor is voluntarily widening the road at
Franklin on (Inaudible). We will be planting 116 trees around the perimeter of the site.
(Inaudible) I will get to that later. AC'HD has given us our blessing, said that the streets
are adequately designed to handle the additional traffic. Oak Harbor Freight lines has
agreed to pay our proportion that is shared to upgrade ~a water line. Oak Harbor Freight
Lines had a little concern about the school that is being developed across the street. We
have researched that, it is an alternative use school and they are being bused into that
locafion. So there is not going to be a lot of walking from fhe or any walking from the
residential area that is nearby. Donovan Brothers is planning to subdivide fhe
undeveloped portion of fhe property as soon as we receive a conditional use permit
then we can close on the property and proceed with that portion of this property.
Donovan Brothers is requesting that the conditions fhat affect this portion of the property
be applied when this property is developed. This would benefit both the City, ACHD on
the Pine Street and new Locust Grove design when that is totally complete. ACHD is
not requiring us to do any work on that area at this time But it has been requested by
Planning and Zoning. The project Pine Street and new Locust Grove is not on ACHD's
five year plan. ACHD has told us they don't have the funds to purchase any additional
right of way on those streets. What that would affect is this (inaudible) right up here we
have to tile some irrigation ditches, dedicate the right of way on Pine Street and plant
this 15 feet of landscaping. This landscaping and this sidewalk before this project is
developed. We would like to make that conditioned upon the future development when
that is developed. Because things could change and there might be some problems wifh
this. We hate to have these areas put the nice landscaping in everything like that now
and fhings change in fhe future. This road and the tile would be underneath the street
which would probably have to be changed in the future costing the land owner and
ACHD more money. That is all I have, if you have any questions.
Bentley: What are the hours of operation that you are going to have fhere?
Balster: I stated that is was approximately 4:00 to 6:00, 4 a.m. to 6 p.m. but that was
incorrect. I have the terminal manger is here tonight and he can address some of those
concerns.
Steadman: My name is Dave Steadman, I am the district manager of Oak Harbor
Freight Lines based in this area. Our operation generally begins at full force about 6
Meridian City Council • •
July 1, 1997
Page 18
a.m. our customers may call us frequently to come in early to off load at some
warehouse or wherever so we would start a truck and go out sometimes as early as 5 or
5:30. We wrap up our operation and we are heading toward Portland or Seattle about
6:30 to 7 p.m. at night. We do not operate on Sunday, that doesn't mean we wouldn't
have a truck come in from one of our marketing partners or business partners from the
east coast but Oak Harbor Freight Lines has never operated on Sunday. We don't fly,
we don't travel, we don't run sleeper team operations (inaudible).
Bentley: What type of trailers do you pull?
Steadman: We run 28 foot and 32 foot (Inaudible)
Bentley: Doubles and triples?
Steadman: Yes and then our partners may come in with 48 to 53 foot trailers.
Bentley: Is there going to be any repair facilities built now or in the future?
Steadman: It is proposed for the future, the design or the terminal architectural design I
believe shows a future shop. We build state of the art facilities and we just finished two
years ago a terminal in Portland. This one will look pretty much like our Eugene, Oregon
operation.
Bentley: How much truck traffic are we looking at?
Steadman: What we ty.,pically do at about 10 a.m. in the morning we will have 7 to 8
tractors hooked to single (inaudible) distributing the goods for our customers throughout
the valley. Then we try to prevent them from coming into the terminal of course that is a
cost that we try to control, Then in the afternoon they are picking up and coming back
into the terminal at about 4:30 or 5:00 in the afternoon. So as far as heavy truck traffic
in and out all day we try to restrict that. We like those guys out there in the valley
servicing the constituents..
Rountree: I had a question, ACHD indicated that the capacity was there but my concern
was the radius of some of the corners to handle some of the tractor trailer combinations
that you are bringing in there. It seems to me that it is going to be a pretty fight squeeze
on Franklin and Meridian Road or East First. It probably works okay on the Eagle end
but I can see that can create some tra~c inconvenience for periods of time for a fair
amount of commuter and residential traffic. Have you addressed that with ACHD?
Steadman: When we looked at fhis property we were concerned about that as well and
we walked it and we also hooked a set of doubles and triples to see just what our
capabilities were and what those turns could afford us. We moved ahead based on the
adapting of the roadway fhere. So we feel like we have adequate access, ingress and
egress fhere. I don't think we would cause any more or too much more of a delay than
Meridian City Council • •
July 1, 1997
Page 19
the school busses in the situation that they exist now coming in and out of there in that
close proximity. So it would be similar to what the school busses do.
Balster: ACHD didn't have any problem wifh the access.
Rountree: Well the access is there but fhe turning radius is pretty short on some of
those corners.
Tolsma: (Inaudible)
Rountree: I know but when you are sitting there as a citizen of Meridian in the turn bay
and you get this great big huge tractor trailer, truck trailer coming around the corner
about 15 miles per hour and not seeing you climbing over your front fender like I had to
back out of fhe way last weekend at about 10 o'clock at night on Cherry Lane and it gets
your attention. And I just bring it up as an issue.
Steadman: The commercial and industrial businesses are there now of course have
tra~c going in for their delivery and distribution of goods as well. So that
Rountree: The immediate vicinity is not an issue to me, the issue is on East First and
some of the other Major collectors and arterials within the City that have considerably
higher mix of commuter travel and residential type travel.
Morrow: Point of observation. Maybe the issue here is that for arriving and departing
triples at 53 foot with puffs behind that obviously Eagle Road is the way to come in and
out. The issue in terms of coming down through East First by Story Park and then trying
to turn east to get to this site wouldn't seem to make a lot of sense from a practical
standpoint because of trying to make that curve and East First and Franklin Road. So
most everybody else in that area with triples is working off Eagle Road as opposed to
East First and Franklin.
Steadman: Mr. Morrow, just a quick point there, we would not nor would we have a
business partner with a combination of a 53 and a(inaudible) it would be 53 is as long
as you can go on a single trailer and the combinations of 28 in triples and possibly 2
28's and a 32.
Morrow: (Inaudible) trying to get around the corner and not impacting the center turn
lane on Franklin Road.
Rountree: That is a pretty busy move.
Morrow: I think the point is the access is by practice far better at Eagle and Franklin
(lnaudible) and opposed to Franklin and East First,
Meridian City Council • •
July 1, 1997
Page 20
Rountree: I just wanted to know if they had considered that in their reconstruction and
reconfiguration of some of the streets wifh their effort on adding fhe turn lane on
Franklin and Locust Grove. If they would consider the other intersections that they are
going to be impacting. That is all I had.
Corrie: I had a question, you said eventually you may have your repair shop in there. Do
you ever anticipate 24 hour operations?
Steadrnan: I don't befieve our repair shops are running 24 hours. I can certainly get you
an answer to that. I am not familiar with the shops. We have them in Portland and
Seattle.
Corrie: You are not fied up with a franchise that requires it?
Steadman: No these are company owned facilities.
Morrow: I think for point of explanation this is a facility very similar to the ones that we
had on Eagle Road. It is yellow, it is a competitor of those it is not a dealership in any
way, shape or form.
Steadman: The difference may be in the yellow facility was built to accommodate a
very extensive line haul operation. This is not being considered for fhat. Since fhen they
have closed their line haul operation there, the Yellow Freight as things change.
Morrow: This would be a competitor of Ida Tran more along that line or that type of
operation.
Steadman: We are regional.
Corrie: Any further questions?
Morrow: I have a question for Mr. Balster, with respect to the new alignment of Locust
Grove right there how do you treat that, is that curb, guttered? How is your property
edge and right of way edge and that type of treatment done through there at this time?
Balster: Right now would be nothing, they don't want us, ACHD doesn't want us to do
anything on there until they establish the centerline of the road.
Morrow: How do you determine your landscape area that you are showing on that
drawing?
Balster: Right now we don't have anything, we just and that would be dealt with the City
on our landscape plan where would be. We would be subject to some suggestions from
the Planning Department. They don't have an established centerline where their curb
edge is going to be at fhis time on that side of the street.
Meridian City Council • •
July 1, 1997
Page 21
Morrow: let rne ask you this, are you escrowing money for curb, gutter and sidewalk and
those type of fhings?
Balster: They have requested it on the undeveloped portion on this piece of property
right now. ACHD has not requested us to escrow any of this work until that is proposed
for development.
Morrow. One final question and maybe Mr. Steadman you can answer this is with
respect to the triples that come in and out is it possible that you could have a company
policy of having them access from Eagle Road and that interchange as opposed to the
Meridian road interchange so that we wouldn't have the conflict at Franklin and East
First?
Steadman: I would say that is a possibility we will review that and see what the options
would be fhere.
Morrow: I guess the issue and Councilman Rountree raises a good point we have a
terrible problem with traffic through the center of Meridian now. Particularly with respect
to the turning movement at that location sharing East is going to take more than the
lane that is there and part of the center turn lane that allows folk to get soufh on East
first. So my concern is also that it makes not any sense.
Steadman: We would be a good partner with the City with a request like that.
Tolsma: I have one question too, on your future shop, it is basically a tire shop, a re-oil
shop, (Inaudible)
Steadman: Preventive maintenance
Tolsma: There are not engine swaps and transmission (inaudible) light duty, just
general maintenance?
Steadman: That is correct.
Corrie: Staff comments or questions?
Smith: Mr. Mayor and Council, there are two things, one items concerns a policy that
the public works and building department is initiating with the Ada County Highway
District. We won't issue a buifding permit until we have a written response from ACHD
that all of their requirements have been met. The second thing is the sewer line we are
not sure, we have talked a little bit to the applicant about sewering this in another
direction besides to Pine Street. But the sewer is awFully shallow where it enters the
Meridian Middle School Academy site. I don't know that they can get there from their
site, fhat would need to be determined from engineering when their site plan is
Meridian City Council • •
July 1, 1997
Page 22
developed. But I did want to make the applicant aware of the requirement as far as
ACHD is conaemed.
Corrie: Shari, I don't know whether I heard Balster correcfly or not, but he said ACHD is
not requiring any work to be done in the future development areas however it is
requested by the Planning ad Zoning Commission?
Stiles: Mr. 'Mayor and Council typically when we look at site such as this that has
already been split and it not eligible for future subdivision we treat that parcel as one
project. We don't talk about it being phased or not developed because that parcel is the
project. Similar situation was the Steve McGlesick piece over on Linder road where he
was only developing a portion of but it was clear that he had intended to build additional
buildings at a later time and extend sewer and water. He was required to complete
fhose improvements across the frontage on Linder Road. I don't quite understand why
Ada County Highway district is not wanting to take fhe right of way at this fiime. I would
hope that they are at a point where they know what those ultimate right of ways are
going to be. They have taken it from Railside Subdivision to the west, fhey have taken
some additional right of way from Hi Micro Tool to the north . They know what Locust
Grove is going to be, the old Locust Grove. The Tamura Berry property to the south of
the rail road tracks they are purchasing all of that right of way now for the new Locust
Grove road as well as anything on Franklin and old Locust Grove road they are in the
middle of purchasing that in its entirety right now. I just didn't want to be hung up even
though we are not on that five year plan apparently for Pine Street being held hostage
because the plat hasn't been recorded. And then there is a 1/16 of a mile on either side
and then all of the Pine Street frontage where there has been no dedication of right of
way. I realize they can condemn it but it is not going to be any cheaper once this ground
is subdivided. So that was the reason for the staff s comments, if ii is CounciPs decision
to not require them to do any of that dedication or make any improvements at this time I
would like to ensure that they do still provide the buffering of the trees adjacent to the
site they plan to develop. We have also got a problem with that ditch that runs along
Pine Street. It seems to be a continual maintenance problem. I don't know really how to
address that except to I guess call the applicant every time it is filled with weeds and
debris and run over with trucks. But those are the, fihat is the reason for the comments
about developing the whole site and dedicating all of that right of way at this time. It is
probably a moot point if Ada County Highway District is not willing to pay them for that
additional right of way fhe City I don't suppose can force them to dedicate that. But it
just didn't seem to be consistent with what they are doing in the area already.
Morrow. Shari, do we have a letter from ACHD confirming that they are not willing to
buy the right of way at this time?
Stiles: We don't have any report that says they are not willing to but they are not asking
for it at this time.
(lnaudible)
Meridian City Council • •
July 1, 1997
Page 23
Balster: Karen Gallagher did testify at the facts and findings meeting that they did not
have the funds to purchase the property. Some of her statements are on page 20
(inaudible) page 8 and 9.
Stiles: Are you looking at the findings, is that page 8 and 9 of the findings?
Balster: That was her testimony.
Stiles: And that is based on fhey are only treating it as the developed portion of the site,
they are not treating the site as a whole.
Rountree: Even fhough the conditional use permit applies to the whole site.
Stiles: Right
Morrow: Mr. Mayor, follow up question Shari, explain to me the concept of subdividing a
lot. The lot came as an original ten acre piece, it was annexed as a ten acre piece.
What they are talking about here is they wish a conditional use that applies to all ten
acres but they wish to defer the portion that is going to be non-developed at this present
time. Which would appear to be that at some point in time if they are going to sell that
off then they have to go through the subdivision process for the balance of ground. I
guess my question is what makes this different then the D& B site on Fairview or the
adjacent 3 or 4 acres fronts both Fairview and Locust Grove and yet there are no
improvements along Locust Grove?
Stiles: Those were separate parcels.
Morrow: They are separate parcels?
Stiles: Yes, this ten acre piece was just recently split, it wasn't annexed as a ten acre
piece it was probably a 20 acre piece at that time and Yanke has just split that probably
I fhe last year to sell of this ten acre piece.
Morrow. It was my understanding that those properties were bought from Bews and
Smith or Ed Bews in their current configuration without split offs.
Stiles: That is not correct. It has been split I the last year to 18 months. It was a 20 acre
piece which was all the property between Pine and the Railroad tracks along Locust
Grove that was one piece of property. It has just been recently split with fheir one fime
split that they are allowed. That is why they are going to have to do a subdivision
because fhere is no further splitting of it without the subdivision.
Meridian City Council • •
July 1, 1997
Page 24
Morrow. The 20 acres that you are describing is basically east of the new Locust Grove
and it is bounded by the new locust grove, Pine Street and the railroad tracks and that
parcel constitutes 20 acres?
Stiles: Yes
Morrow: And these folk are buying half of that parcel for 10 acres?
Stiles: Yes, their property doesn't abut the rail road.
Morrow: So there is another ten acres between the south end of this property and the
rail road tracks?
Stiles: Yes
Tolsma: According to the findings it doesn't abut Pine.
Stiles: The parcel abuts Pine, this particular development, what they are proposing
Tolsma: It says here the proposed development does not abut Pine Street and therefore
does not require a dedication of right of way along Pine Street.
Stiles: That is ACHD's comment. I consider it abutting Pine
Morrow: Mr. Mayor, final comment, did P& Z approve or was this concept discussed at
P& Z that these findings and facts were based on. I guess I am trying to get at the point
why ACHD thinks it is different than what we think it is tonight.
Stiles: Councilman Morrow, Mayor and Council the findings just echo what the
testimony was but they contlict. They can't meet ACHD's requirements and staff's
requirements. But fhis, just what you have is how it was approved by the Planning and
Zoning Commission.
Bentley: Does ACHD realize what has been done here with the splitfing of the 20?
Stiles: They are not concemed, they have no concern with that. They also indicated
that they are not concerned with any off site improvements whatsoever. They had no
concern with Franklin and Locust Grove. Just what is directly proposed to be developed
that is fhe only thing they considered.
Morrow: I guess from an editorial standpoint then if they are not concerned and they
have responsibility for the highway why should we be concerned. You are right we can't
force fhe right of way to be issued, ifi ACHD doesn't want the right of way right now then
we ought in fact to leave that issue alone and press on to other things.
Meridian City Council ~ •
July 1, 1997
Page 25
Corrie: It is just going to cost them more money.
Morrow. That is exactly right.
Corrie: Any further discussion of Council?
Bentley: I still have a real problem with the traffic issues, the busses being down there.
I appreciate fhe fact that they want to take and improve the roads over there but it still
isn't going to solve the problem. I myself would much prefer to see this over on Eagle
where the other trucking outfits are. ~
Corrie: Any furfher discussion or comments?
Morrow: If I might Mr. Mayor, I think (inaudible) with Glenn's comments, the issue is that
it is a very small regional or neighborhood type of operation and the reality is that with
all the coming road improvements and all the industrial zoning in the neighborhood and
the ultirnate connection to Eagle Road at some point. The two Locust Grove's very
candidly as Shari has pointed out when the Tamura property comes on line the rail road
crossing agreement is done then all of a sudden that presents a Locust Grove or a
parcel of property that is fronted on three sides by roads. The build out of Old Locust
Grove and Layne Industrial Park already takes in the extra width of the road, the school
build out that is now being under construction will also lengfhen that in terms of access
to this parcel of property. As testified to by Mr. Steadman the truck usage is not great, 8
to 10 vehicles that service the area plus supply vehicles coming in and leaving does
make it substantially different than Ida-Tran or Consolidated or Yellow who are over on
Eagle Road. There may be some short term inconvenience but that area is developing
pretty rapidly as demonstrated by Layne Industrial Park which a year ago had nothing
built in it and now is 75% completed. So these traffic or road widenings although they
are piece meal in nature are coming about fairly quickly. So I don't think that I have a
problem with it given the size of the operation and the time the construction takes and
very candidly part of fhe neighborhood problem solution in terms of the busses is to get
Locust Grove widened and it is only going to be done as parcels of ground develop.
This is an opportunity to get some widening and development on both Locust Grove and
Pine. Those would be my comments.
Corrie: Any further discussion?
Rountree: I would just for discussion sake like to see an addition to fhe findings another
condition similar to what Walt identified that the applicant will establish a company
policy to access their facility via Eagle Road interchange from Interstate 84. I believe
the findings identify there will be dedication from Pine when ACHD figures out that this
think abuts Pine. They have taken care of Locust Grove and Nola as well. So those
are my comments.
Tolsma: (Inaudible)
Meridian City Council • •
July 1, 1997
Page 26
Corrie: I will, at that point I will entertain a moti.on.
Morrow: I would move that we adopt fhe findings of fact and conclusions of law as
approved by Planning and Zoning Commission with the additional requirement that Oak
Harbor Freight Lines establish a policy on triples that fhey access the site from the
Eagle Road interchange west on Franklin Road and then North on Locust Grove as
opposed to Franklin and East First.
Tolsma: Second
(Inaudible)
Balster: On the work on Pine Street are you saying we have to do that in your motion or
we don't have to do it?
Corrie: No you don't have to do it, as it stands here. The comment was that ACHD is
going to have to realize that Pine Street is next to your property. We are just saying fhat
the way the conditions as written by Planning and Zoning we are adding one more
condition to it that you try to see if you can't get your trailers to come I-84 Eagle Road
and down Franklin rather than East First and Franklin Road.
Balster: So the improvements on fhe landscaping and the sidewalk and the tiling of the
ditches would have to be done now that is what Planning and Zoning facts and findings
say but ACHD°s don't. So we need something to state that we can go and do our
property because we have the conflict. That is why I was requesting the some type of
statement and direction form both me and Shari so we know how to build the project.
Corrie: Okay, I have a motion and a second, now we will have discussion.
Rountree: Per the amendment I would suggest as opposed to just saying triples that we
indicate any truck trailer combination that would have difficulty maneuvering East First
and Franklin.
Morrow: So let me ask you this do you wish to set a length on that and say anything
over 50 feet in length?
Rountree: I don't know what the radius is and I don't have my configuration table so I
don't know what that would be.
Morrow. Well now wait a minute, you ~are the Council expert on this issue. So the issue
is if you can't turn very well off East First to Franklin with 53 foot trailer plus tractor then
those in fact ought to access from I-84 and Eagle Road. (End of Tape)
Tolsma: I believe you can make it as a recommendation or a highly (inaudible)
Meridian City Council • •
July 1, 1997
Page 27
Morrow: It is going to happen but I think that the intent of the condition is that we have to
have Oak Harbor on nofice that until those things get reconstructed and we have
enough turning room to get both ways that the only way they can come now and not
ereate chaos as rush hour times is from the east. I certainly would be glad to amend
the motion to, if both you guys are confident fhat the 53 foot plus tractor causes that
problem to eliminate triples and to indicate anything over 50 feet or 53 feet or whatever
you two say.
Crookston: •The only comment that I have is that there should be a footage designation
because Charlie your motion if they are not comfortable in doing it that is just very
litigious.
Rountree: (Inaudible)
Steadman: Just a couple of thoughts and I certainly don't disagree with what you are
saying here. I have been over to that corner and maybe what needs to happen is we
need to make a decision on how things occur over there with a hands on view of the
situation. But to present fhe thought to you if you restrict Oak Harbor Freight Lines from
any combinafions you may be restricting every other carrier that accesses in and out of
that site. I am not qualified at this point from knowledge to tell you whether it is a
di~cult thing with doubles or a di~cult thing with triples. I know it is a di~cult thing with
triples, I know that. Our intention was to use Eagle Road as ingress and egress
(inaudible). But everyday and I don't know how many sets of doubles you see with other
carriers coming down the street. 1 know it is probably several and I know it is a regular
access for all trucking firms wifh a 28 or 32 foot trailer. (Inaudible)
Morrow: I see those all the time but to be very candid with you I don't see very many
larger trucks in rny cornings and goings along Franklin Road. There is a major issue at
Meridian and Franklin and typically that turns out to be a big problem. Hoff that use to
haul triples in terms of sawdust and go that way now comes out and goes West on
Franklin Road or East on Franklin road and avoids East First and Meridian at all cost.
Virtually the narrowness of those intersections indicates fhat at 5:00 they have a major
problem with a truck of any size bigger than the 28 or 30 foot.
Steadman: Like I was stating I think you will find us a willing and working partner on
anything above the single (inaudible) combination. We recognize that already.
Morrow: F think what we are discussing here is that if it is in excess of 50 feet that is
probably where the problem is and nofhing below that is really a problem.
Rountree: Do you want to amend your motion with that footage limitation I will accept
that.
Morrow: If Mr. Tolsma will withdraw his second .
Meridian City Council ~ •
July 1, 4997
Page 28
Tolsma: I wiil withdraw fhe second.
Morrow. Well to bring you up to speed Mr. Tolsma is withdrawing his second. I am going
to amend the motion to eliminate the phrase triples and insert the phrase any truck
trailer combination in excess of 50 feet.
Corrie: Do we have a second on that one?
Rountree: Second
Corrie: Okay, second by Mr. Rountree, any further discussion? I have one question to
the Council, I think Richard brought it up, item #17 on page 21, correct me if I am wrong
hece Richard it is applicant shall dedicate the required right of way for all streets namely
Pine Street and Locust Grove is that what you are saying?
(Inaudible)
Balster: Number 17 says that we would have to dedicate that property which ACHD
does not want to purchase from us prior to applying for a permit which could be very
di~cult for us to do that before we apply for a permit. Also the other items, what the
City wants us to do with regard to ACHD's requirements and P& Z requirement which
are in conflict which are the items that we went over. We would like to defer them until
that property is developed which we will start the proceedings as soon as we can close
on the property.
Rountree: I have trouble with some of that the conditional use permit applies to the
whole parcel.
Morrow: I understand that and I agree wifh that I guess where my conflict is here is I
don't have a problem since ACHD has opted not to buy the right of way. I don't have a
problem with dealing with that. I guess the other fhing is where the conditional use
application applies to all ten acres. The fact that the applicant wants to not develop a
portion of that is an option that he is exercising. You have the potential there for a fiuture
subdivision process that for another user or an expansion of their facility or an owned
facility that fhey may in fact lease to somebody. But the other part of that is if you try to
put landscaping and that type of thing in not knowing where the contluence of those
three different right of ways is be it Pine Street, Old Locust Grove and New Locust
Grove. Certainly the maintenance of that where they tear it up and re-doing it becomes
a problem also. From not only their standpoint but from ACHD's and or the City.
8tiles: Mr. Mayor and Council, I would like to make the comment that if fhey are not
doing the perimeter landscaping that those trees be relocated onto this developed
parcel site especially to make sure that there is some type of a buffer between this and
the existing residenfial. Even though it will be a 1/16 of a mile away. Also although they
Meridian City Council ~ •
July 1, 1997
Page 29
have indicated they are providing 116 trees which would be required based on the 1500
square feet, 1 per 1500 square feet of asphalt that I be able to work with the landscape
architects on that to maybe provide a better screen that might be some fewer trees and
a better variety trees. If they are going to plant these trees 20 foot on center they will
probably likely be small, plum or flowering pear or whatever. If they were to plant some
Lindens or the trees that would grow up to provide some kind of a canopy around the
site and maybe even some limited interior trees I think it would work out better. I think it
does specifically state that fhey are providing 116 trees, obviously if the are not doing
that 1f16 of a mile and then the enfire frontage of Pine they are going to have trees
every 8 feet apart or whatever. It is just not possible.
Morrow. I guess I am sensitive to what you are saying here. I guess where we are at is
we have the motion on the floor. It seems to me that we can do one of two things. Either
we can table for resolution of these issues and get them resolved and have a
representation of findings of fact that correct those issues or we can press ahead and
adopt these findings of fact and conclusions and then delegate to fhe staff the resolution
of the landscape issue the tree issue. Certainly if the requirement is for 116 but from a
common sense standpoint the 116 doesn't work why would we want to do that. It
seems to me that is something our staff and applicant ought to work out so that it in fact
looks nice. Then having worked that resolution out and bring it to the Council for our
next meeting for confirmation that is okay with us. That would be my suggestion.
Corrie: I am still confused how we are going to get by 17 that is part of your record.
Morrow: What I am getting at here Mr. Mayor is withdrawing the motion, striking in a
new motion striking 17, retaining the portion in terms of the recommendation with
access and then the tfiird condition would be to instruct staff and the applicant or his
representative to determine and resolve the landscape issues and then bring them
before the Council at our meeting on the 15th for confirmation on our part. That is the
direcfion that I would be going.
Corrie: I would suggest that you might want to eliminate 15 as well because that causes
a landscape setback on Pine Street (inaudible) Do I hear a second from the motion to
withdraw.
Rountree: I will withdraw my second.
Morrow: I will withdraw my motion.
Corrie: Now you can do it
Stiles: Mr. Mayor and Council I would just suggest on 17 that the first sentence or in the
second line that 17 just read, "the applicant shall dedicate the required right of way prior
to the grant of any building permit" I don't know what that means ~grant". The applicant
shall dedicate the required right of way prior to submittal of any building permit
Meridian City Council • ~
July 1, 1997
Page 30
application. And that the remainder of that paragraph remain. Or shall dedicate the
required right of way required by ACHD. Because we would like verification
Rountree: That works for me if they don't require it then it is taken care of. If they do
require it then it is taken care of.
Corrie: Then start out on item 17 would be the applicant shall furnish the City a copy of
recorded warranties deeds or any other documentation to evidence the (inaudible) prior
to applying for a building as required by ACHD is that what you are asking Shari and
then that would eliminate that problem for you.
Stiles: Yes
Balster: Can we make it issuance of building permit? So that we can come to terms with
ACHD? We know what they want but or client Oak Harbor Freight Lines wants to be in
by the end of the year and if we delay this any more we are going to lose our summer
construction and we will not be able to pave the site and will be finishing up in March.
Morrow. From my personal standpoint I don't see why the things can't be concurrent.
The deal is it takes a certain amount of time to process a building permit applications
and so on and so forth and the finro things to be going on simultaneously. All that has to
happen is that you furnish the evidence that the right of way has been dedicated as per
ACHD requirements and upon furnishing of that evidence then the building permit is
granted and you are off and running. I don't see why we ought to do that prior to the
application for building permit because that could mean that you are 45 days in each
process and all of a sudden you are 90 days down the road instead of 45.
Corrie: So we wilf run concurrent.
Balster: We would also like to, we will put 116 trees on our site and if we can settle it
now and just say that we will work out with her. We have a drawing here now that we
can show her of the landscape drawing which shows us that we only have 30 on the
other site. Then we can get that in and not delay us another week and a half or two
weeks until the next Cify Council meeting.
Morrow: But it isn't going to delay you. I do not want to do that tonight because that is a
staff obligation and I want to see fhe recommendation from staff. The issue is in my
mind is that we are doing it as expeditiously as possible. When you are negotiating with
the staff and designing what ever it is we are looking at something less than the
maximum requirement. I personalJy don't want to see 116 trees on 8 foot centers
simply because the statute might mandate 116 trees. What we are delegafing to our
staff is to resolve that problem between now and then and we will confirm that resolution
that in no way impacts in my mind the process going on. If you want finite specifics then
my motion would be to table for two weeks for you people to work out finite specifics
Meridian City Council • •
July 1, 1997
Page 31
and represent to the Council those fnite specifics so that we know exactly what it is we
are buying. You have your choice.
Balster: I would go with the first one.
Corrie: Are we ready to go then Mr. Morrow.
Morrow. Mr. Mayor, I would move that we adopt the findings of fact and ~conclusions of
law as prepared for us by P& Z wifh the following exceptions. On page 21 item 15 be
stricken in its entirety, ;on page 21, item 17 be amended to read, " the applicant shall
dedicate the right of way as required by ACHD and fumish proof of such dedication to
the City of Meridian prior to the issuance of any building permit". The additional
condition would be added that the applicant shall institute as a company policy
accessing of any tractor and trailer in excess of 53 feet by way of the Eagle Road of the
Inferchange then West on Franklin. The second condition added would be that the
applicant or his representative would negotiate with the City staff the final landscape
design to be confirmed by the City Council at its meeting on July 15tn
Rountree: Second
Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that we approve the
findings of fact and conclusions of law that were adopted by Planning and Zoning with
the stated changes, any further comments? Hearing none, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRI'ED: AI1 Yea
Corrie: Decision?
Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use
permit requested by the applicant for the property described in the application with the
conditions set forth in the findings of fact and conclusions of law as amended or similar
conditions as found justified and appropriate by the City Council. That the property be
required to meet the water and sewer requirements, fire and life safety code
requirements, uniform fire code, parking, paving and landscape requirements and all
ordinances of fhe City of Meridian. The conditional use shall be subject to review upon
notice to the applicant by the City unless the City Council states that the conditional use
is not subject to review.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and
recommendations as sfiated, all those in favor? Opposed?
Meridian City Council • •
July 1, 1997
Page 32
MOTION CARRIED: All Yea
Morrow: Mr. Morrow, if I may take a moment, Mr. Steadman do you understand what it
all is we have done? Your process can go on as you need to do in terms of your closing
and in terms of your plans and so on and so forth. All you need to do is furnish the City
the evidence of the right of way requirements by ACHD. You need to have your
representative and Ms. Stiles meet and resolve the issue for the landscaping. Then at
our next meeting that resolution will be confirmed and added as part of the findings of
fact and conclusions.
Steadman: Outside of ACHD it would seem to me at that meeting on the 15~h staff coutd
present that to say things have beert met and worked out and fhat would be adequate at
that time?
ITEM #12: REQUEST FOR RELEASE OF NON-DEVELOPMENT AGREEMENT FOR
GOLFVfEW ESTATES NO. 4 SUBDIVISION:
Corrie: Council you have seen that request for the release of the non-development
agreement. Any comments or discussion?
Morrow: I have none, there are no problems with staff?
Smith: Mr. Mayor and Council, I don't think there are any problems as long as the
approval of the plans is current, that we have a current date on that approval, it hasn't
been a year or longer since it was approved. The Health Department, DEQ won't
maintain fheir approval for over a year from the date fhey approve and we have added
that same condition to our approval. So we want to be sure that is taken care of, other
than that we don't have a problem.
Bentley: I have a question for conflict, has it been over a year?
Crookston: I believe it has been.
Smith: They would need to resubmit their plans if it has been over a year and fhat plan
re-submittal would have to go through our department and then back through DEQ.
Hepworth: My name is Russ Hepworth I am with EHM Engineers representing the
owners on this. Just for my clarification I don't believe there have been any review of
any plans to begin with in fhis presentation or the plat recordation that we entered with
DEQ sanitary restricfions. Because it was platted at such a time prior that the City we
fiad submitted plans to fhe City but the plat was being recorded with no knowledge of
when this parcel would be developed. So it was platted not having any plans submifted.
Basically fhey said we are not going to review these because we don't know if it is going
to be three years or five years down the road when this is going to be built. So it was
platted with sanitary restrictions and that these plans have now just been submitted.
Meridian City Council ~ •
July 1, 1997
Page 33
And they won't review them until the non-development agreement has been released.
My misunderstanding possibly is I don't know if it is has been a year since from what?
Morrow. I guess Gary given that can you, I think that the point he was making is there
were never any plans to be approved so they have to be submitted anyway on both
DEQ and our part.
Smith: If that is the case then we just have to go through the plan review process.
Morrow: I don't have any further questions. Mr. Mayor, I would move that we release
the non-development agreement for Golf View Estates No. 4 Subdivision and that they
start the process of plan review.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the request of
release of non-development agreement for Golf View Estates and they receive a review
of construction plans, all fhose in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: LEASE AGREEMENT WITH RED CANYON:
Corrie: Mr. Crookston?
Crookston: This is the lease agreement for the building on the corner of East 2"d and
Pine Street. That is the proposal of where the building department and the City
Engineer's facility be located. I drafted the agreement, I think it is fined. If you have
reviewed it and have any questions possibly I can answer any of your questions.
Corrie: I have two, under option for renewed lease it states down there that renew the
above lease for one additional term of ten and then you have a one year, which is it one
or ten?
Crookston: It is one year.
Corrie: And then Exhibit B, do you have that?
Crookston: I do not have i1.
Tolsma: I have a question on this (inaudible) on section 15, page 9, will you read that
and explain that?
Meridian City Council • •
July 1, 1997
Page 34
Crookston; What it is saying is the landlord Mr. Gerber cannot enter into the property at
any time because there are City documents and files that are not open to the general
public and should not be open to Mr. Gerber. That is why it reads the way it does.
Tolsma: (Inaudible) but there is no reasonable time if he is entering.
Crookston: Probably then should say "the demise premises".
Tolsma: He is not permit to enter at all reasonable times
Crookston: How about "an~' there.
Corrie: While we are on that page 18, C subsection 2, paragraph blank what would that
be?
Crookston: I am not exactly sure what .that is referring to.
Morrow: Let me ask you this Counselor, is there a fund out clause in this?
Crookston: What do you mean by fhat?
Morrow. The fund out clause is the thing that we learned from the fellow from the state.
If the Council doesn't appropriate the funds for the lease of the property then you are
out of fhe lease.
Crookston: There is no,provision in the lease that pertains to a fund out clause.
Morrow. We have it renewable for a year.
Corrie: So we don't know what that blank is? Are there ofher issues with the lease?
Tolsma: Well on this secfion 15 the entry to the landlord, just change it to "shall not be
permitted to enter the demise prernise at any time and just do away with the rest of the
sentence (inaudible).
Morrow: Well let me ask you this Mr. Tolsma would you be opposed to a motion that
allows the Mayor to sign and the Clerk to attest pending redraft of those areas that have
been identified?
(Inaudible)
Corrie: Do you want to make that a motion and we will let him answer that at that point.
Meridian City Council • •
July 1, 1997
Page 35
Morrow: I am making the motion that we authorize as a Council we aufhorize the Mayor
to sign the clerk to attest the contract between the City of Meridian and Red Canyon
subject to clarification of the points raised by Council.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion?
AII those in favor'? Opposed?
MOTION CARR4ED: All Yea
ITEM #14: WATER, SEWER, TRASH DELINQUENCIES:
Corrie: This is to iriform you in writing if you choose to you have the right to a
predetermination hearing at 7:30 p.m. Tuesday, July 1, 1997 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 water, sewer and trash bill is delinquent. You may retain Counsel this
service will be discontinued on July 9, 1997 unless payment is received in full. Is there
anyone present that wishes to contest fheir water, sewer and trash delinquency? They
are hereby informed that fhey may have the decision of the City appealed by the Fourth
Judicial District Court pursuant to Idaho Code. Even though they appeal their water will
be shut off. The amount of the turn off list is $32,960.43. Entertain a motion that we
approve fhe delinquency list.
Bentley: So moved
Morrow. Second
Corrie: Motion made and seconded that we approve the delinquency turn off list, all
those in favor? Opposed?
MOTION CARRfED: All Yea
ITEM #15: APPROVE BILLS:
Morrow: So moved
Bentley: Second
Corrie: Motion made and seconded we approve fhe bills, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #16: DEPARTMENT REPORTS:
Meridian City Council • •
Julq 1, 1997 ~
Page 36
Corrie: Gary Smith?
Smith: Mr. Mayor and Council members the first item I have is an update on the lift
station at Ashford Greens. You should have in your possession a packet of material
which includes a memo that I wrote to you dated June 25 along with a June 12 memo
that I wrote to Brad for an update. And some other information concerning that lift
station. It was your desire to revisit this situation to see how things were proceeding
and fhat is fhe reason for all of this so that you know where the lift station construction
is. I think the memo that I wrote to Brad Watson on June 12 outlines what we had
talked about earlier. It appears that we will have occupancy in some homes before the
lift station is completed.
Bentley: So don't turn the water on.
Smith: Well if we issue occupancy permits or we don't.
Morrow. I guess my question Gary would be is the, does the change order that we are
going to address next affect any of this time frame or schedule?
Smith: No, not really. It is a material ~change on the dry well portion of fhe lift station.
Morrow. So the real dilemma here is do we know for a fact that those homes are going
to have occupancies for that ten day ,period?
Smith: No, not for a fact, I am just basing these comments on what David Turnbull
related to us that from ~they started they would be occupying the structures within 120
days. So that is putting us in at August 23~d and we are looking at September 4th as a
completion date on the station. Things may change on fhat too, they may get a break
here and here and be ahead of that schedule. I# may change on the occupancy too, I
don't know.
Morrow. I guess from my perspective is that if there is an occupancy or a need for an
occupancy prior to that being completed I guess from my perspective the staff owght to
address that and use the common sense approach. If there is no reason not to pump
then the developer can pump and take care of those peoples needs.
Rountree: I don't have~ a problem with that. They are going to have to hustle to get
those built and sold by then anyway.
Smith: I think that David Turnbull related fhat he would do whatever was necessary to
do to be able to provide people service.
Morrow, I guess if I aan follow up there from the standpoint of the Council from the very
beginning it was meant to serve as an incentive to get the developer and his team off
the dime and get our folk off the dime and get the thing underway. We have in fact now
Meridian City Council ~ •
July 1, 1997
Page 37
served that purpose it is underway and it is totally under control and it is just a mafter of
ticking off the dates. So we have reasonably close a date certain that we are going to
be finished. I would encourage us that if they have an occupant then let them have an
occupancy certificate with the understanding if they pump it take care of it and have our
inspector or inspectors take a look and make sure it is being doing and be on down the
road. That is my opinion.
Rountree: It is far enough along to have the vault established to where they can pump
now is it not?
Smith: Yes, they just pl'ug an upstream manhole and they would pump out of a manhole
Morrow: So Mr. Smifh would you like a motion or is that enough direction for you?
Smith: Well I think that is enough direction I think I understand what your desires are
then if fhat is the Council's desires then that is fine. ~The second part of this is a
proposed change order. Actually in order to hurry this thing along I told them to go
ahead and proceed on this because it is a rather minor item. But I felt it was necessary.
We had two diameter on the access. We had a larger diameter above a smaller
diameter. I.t was creating a problem because OSHA requires us to change to have
landing every 10 feet going downward. So when we got to the larger diameter tube to
the smaller diameter it created a problem in creating a landing so that we could
maneuver off of one landing onto the next ladder going down. The $1912 increases the
size of the diameter of the second tube. It allows us to move 90 degrees with our
landings or with the fadders create a landing and go on down.
Morrow. Mr. Mayor, I w.ould move that we approve the change order under Exhibit A to
the additional cost of $1912.50.
Rountree: Second
Corrie: Motion made and seconded that we approve the contract change order.
Discussion, If I didn't know better I would say that was perfectly orchestrated. Any
further comments? All fhose in favor'? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you, just for reference so the minutes that was Change order No. 1. I
also have a notice to proceed for our contractor on the construction of wet well that I
would like to get signed and approved this evening. They have the notice to proceed
and they are proceeding with the pressure lines. That is the work that we are doing right
now. 1Ne were kind of holding off until we got the equipment under order so we didn't
have a hole out there with nofhing to put in it. So I would request that a notice to
proceed be approved for Schedule B of the Ashford Greens Lift Station which is the
construction and installation of the wet well and pre-fab pump station.
Meridian City Council • •
July 1, 1997
Page 38
Morrow: Mr. Mayor, I wouid move that we authorize the Mayor to sign and the Cierk to
attest the notice to proceed for schedule B work as delineated by Mr. Smith.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to proceed, any further
comments, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Mr. Mayor, I got a letter, I gave this to Will on Van Auker, did you have that on
your list or did you want me to bring it up?
(Inaudible)
Smith: The building that you approved them to connect to a septic tank at 3475
Commercial Court, I think it is occupied by Richardson Labs. Their one year approval of
that is August 6 so Mr. Van Auker in anticipation of not being there with the sewer has
written a letter to me requesting that an extension be granted for the septic tank use at
3575 Commercial Court. He is not stated an extension time but I would assume that we
would need to do this on a yearly basis. Do you all have a copy of this letter?
Morrow. I. haven't seen it. But I don't have to see it, I don't have a problem with
extending for one year but I do think we ought to get an update of what the status of that
sewer line is in a presentation for the Council either by one of Mr. Van Auker's
representatives or by letter as to what that might be.
Corrie: I don't want to see this carried on too much further, personally.
Smith: I don't know where we as a City are in this whole thing but this is a private
enterprise project and they are having serious problems or Mr. Van Auker is having
serious problem wifh Mr. Psalms who is the Elixor property owner. They can't come to
terms on an easement to get the sewer across Elixor Industries property for one reason
or another. He states that they have met with Mr. Psalm to allow him to cross the
property,. he feels strongly based on 1he development in the area fhat either Elixor or Mr.
Psalm will request utilities from the City that will cause an easement or we will work out
another solution. As you know this has been going on for a couple of years now and
not much is happening.
Morrow: I guess my preference here would be is #hat we start to maybe act as a ptace
for folk to come together and resolve the issue. We have done that in the past with
some issues and I think it is time to if nothing else maybe be the arbitrators to help
effect a solution to the problem. Because very clearly the lack of resolution to this
problem is holding up lots of potential projects. So I think we need to get it resolved. So
Meridian City Council ~• •
July 1, 1997
Page 39
I guess my thought is still the same. We approve it and then we notify Mr. Van Auker
and Mr. Psalm and other interested parties that we are willing to act as a focal point for
them to all come together and discuss the issues and move on down the road toward
progress.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion?
All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Shari?
Stiles: Mr. Mayor and Council I know I have nothing on the agenda, I did have three
hopefully short items. We have been approached by Walter Sturgess that would like to
operate a horse drawn~ carriage in the City of Meridian. I don't know, a conditional use
permit is not appropriate for something like that. It doesn't deal with a specific property.
In talking with Ada County Highway District they just indicated they would need to meet
Idaho State Code as for a s the slow moving vehicle sign and any lighting on the
carriage (End of Tape) Department of Motor Vehicles or Boise City itself apparently they
do have a commercial transportation license. But other than that apparently they have
no formal approval process except for their business license. I just wanted some input.
Bentley: Chief, do you fiave a problem with that or anything to say about that?
Gordon: No sir l don't.
Morrow: I guess fcom my perspective the one in Boise is kind of neat, I don't mind us
having one in our community. Glenn raises a good point as long as it is diapered and
meets the lighting and the slow moving vehicle deal why not.
Rountree: Are the hours of operation controlled or stated by the individual. I wouldn't
want to see them on East First at 4:30 to 6:00 in the evening.
Morrow. I think the question that is a legitimate point the question you want to ask is, is
it a week night or a weekend evening deal only or is it an every evening deal and
obviously it can't impede normal commuter traffic. .
Stiles: So they operate in off peak hours.
Corrie: We just need a little more information from them.
Stiles: Once we get that information go, you don't want to hear about it again.
Meridian City Council • •
July 1; 1997
Page 40
Rountree: I don't
Stiles: I will just verify that they will be a weekend evening, non-peak hours with a diaper
and they will have to meet the Idaho State Code. The next item is the emissions van
that is across the street from where the Jack In the Box will be going on 2'/2 street at
the corner there. Apparently back in 1990 Terry Moore received a Conditional use
permit to use the property as a sales lot. Now they have an auto emissions van there
with the accompanying lovely signs. Joe Hanson that just recently went fhrough the
conditional use permit is saying that they are unfairly competing against him and that
because they are able to use those signs and since the emissions van was not part of
their conditional use permit I was going to ask Dean to follow up and tell them that they
needed to comply with that conditional use permit. Mostly it was an information item to
let you know when somebody calls you up and starts complaining about it. I do notice
they have an A-frame sign there, they do have a sign on the van I don't have any
problem with that. They do have a small open sign actually with an hold truck there I
thought it was kind of cute. But to be fair I guess we need to do that so I wanted to let
you know that. We also had a request from Benneton Construction Company. They are
wanting to enter into a lease agreement with First Security Bank for 536 South Meridian
Road. This would be the house on Meridian Road that is just south of Bolo's. Where
the road will ultimately go through there. First Security Bank is offering fhem that home
for $100 on a month to month basis. Matt Knuten who is the president of Benneton
Construction Company would like to know what kind of improvements will need to be
made. They don't feel that fhey want to put any money into a parking lot and
landscaping and worry about all of that when it is just going to be month to month and
when it will be ultimately ripped out hopefully soon.
Morrow. I guess my answer to that would be is they need to maintain the landscaping
and stuff they have got there. I think we need to be very forceful in stating about
construction companies can be real messes. The yard needs to be kept clean, is there
equipment storage involved here?
Stiles: In his letter he says there would be no heavy equipment or a contractors yard.
They stated that there would be four people that work at the si#e, they would also like to
put up a small sign if possible. My question is are they going to need a variance not to
pave, is the Council willing to grant a year occupancy?
Corrie: Mr. Crookston, before I start in on this one.
Crookston: I fhink it is in total violation of the ordinances that pertain to that business. If
we are not going to require them to pave that is violation of our zoning ordinance. There
are just a lot of violation of ordinances involved in this and if we allow one to do it that
will just allow but that would mean that we would get other applications that may be
located on a much more serious site in town. I just don't it is a good idea to allow
violations of our ordinances.
Meridian City Council • •
July 1, 1997
Page 41
Stiles: That is true, they could either apply for a variance. It is not something that I would
like to see for any length of time and I would like to make sure that we have some
conditions that they don't maybe not have a sign, ensure that they don't have any kind
of a contractors yard. Use it as an office. I believe it has just been used as a residence. I
don't know what kind of condition the building is in or anything like that. I guess I would
rather see it occupied by someone than left vacant. But it is (inaudible)
Tolsma: (Inaudible)
Corrie: I agree that is true Ron but we have a hard enough time the ordinances that we
are trying to enforce and then we let these people on a day by day basis (inaudible) I
don't think it is necessary that we do it. I agree with Walt that it is nice that somebody
wants to do something but I think we are asking for a lot of trouble if we start doing
ordinances that go against just on a month to month basis. And someone like that
particularly what if they are in violation of anything else how are we going to enforce. It
is a lot of headaches that I don't think we need.
Rountree: I guess my position on it is that they can be doing that right now and we
wouldn't know and I would give them a gold star for coming to the City at talking to us
about it. I think I would want them to go through the variance process. So it isn't
necessarily a precedent setting issue it is varied because of hardship related to the fact
that the property is going to be in the middle of a roadway expansion.
Crookston: Even a variance though I am not sure that they can meet the hardship
requirement, but they can apply.
Corrie: This is the entrance to our town folks.
Morrow: Well I guess Bob I don't disagree with what you are saying and I certainly don't
disagree with Charlie. The issue is that probably First Security given the short duration
of time the building is going to be there can't find anybody .residentially to rent it. So is it
the lesser of the evils that you have somebody in there that has some keep up to it or
you just have an abandoned house sitting there that we site every 30 days for weeds or
whatever. Answer me this Shari, is this site owned by First Security as a site for a new
branch bank is that what is going on here. And they are waiting the configuration of the
roads prior to building the branch apparently.
Stiles: I would think that is what their hold up is.
Morrow. I guess my perspective is (inaudible) they can pursue the variance and see
how it flies and take a Shot at it and (inaudible) anything ofher than that.
Stiles: I told him that I would bring it up, he has been calling me for a couple weeks and
have the agreement to start to today if he had an answer. So that is what I will instruct
him to do. Thanks.
Meridian City Council • •
July 1, 1997
Page 42
Corrie: Chief'?
Gordon: Nothing
Corrie: Mc. Crookston?
Crookston: I have nothing, I did talk to Walt because I did come in a little late. But I am
in agreement, I didn't think that I had it but I do have it. It is an agreement pertaining to
the Sth Street Sewer plant about the reconveyance back from Boise State back to the
City of Meridian. I do not have copies but I can make copies and give them to the
Couneilmen. If you want it I can get you copies.
Corrie: What about that other one that late comers agreement with Dave Leader?
Crookston: I have given you all copies of those, I gave them to you at the last City
Council meeting. It jusf needs to be approved and then executed by the Mayor and the
City Glerk. You may not have it but I did give it to you at the last
Rountree: I have a copy of it, it was in my box.
Crookston: I would ask that you approve of the agreement subject to the attorney and
the Mayor working out any problems and have you inform the Mayor if you have any
problems. It is a standard late comers agreement by Dave Leader, by the City of
Meridian and by fhe Idaho Athletic Club.
Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the clerk to
attest the late comers agreement with Dave Leader and Idaho Athletic Club and City of
Meridian one week from today to give the Council the option of input between now and
Tuesday the 8th and at that point in time if there is no modification of fhe agreement by
individual councilmen that the agreement be signed and become effective.
Rountree: Second
Corrie: Motion made and seconded, all those in favor'? Opposed?
MOTIDN CARRIED: All Yea
Corrie: fs that it? Mr. MorroW?
Morrow: Two issues, one is the land we ha~e for the park where we are going to be
developing the well and water reservoir currently is leased by Kenny Aschenbrenner. I
got a call from Kenny this week wanting to know the status of that lease. His next years
crop rotation for that property would be sugar beets. It takes substantial amounts of
purchases and commitments within the next 30 days in order to affect the sugar beet
Meridian City Council • •
July 1, 1997
Page 43
crop. I did talk with him about an area being blocked out for the location of the water
tank and the testing and so on and so forth. So we can press ahead with construction.
The purpose with bringing this to the council is to get a feel from the council as to
whether we think we are going to develop that or not or whether we ought to go in yet
with another year's lease of that property with Mr. Aschenbrenner blocking out the
portion where we would be constructing the water tank and the well. So I bring that up
for construction.
Bentley: Where are we ;going to be on park impact fees?
Morrow. We can do a cash flow projection in terms in of that. I have to tell you that we
are going to end up the year resideniially about it looks to me like about between 2 and
25% off from where we were last year. I think that given today's budget report we are
going to come pretty close to what we budgeted for the year. We will be a Iittle bit over
but I don't think a lot over. Having said that I expect that we are at least a year away in
terms of having the principle paid for and begin to develop enough cash to start actual
development of the dirt. So 1 guess if it was this time next year I would be hesitant to
enter into an agreement fore cash crop for the following year because I would think that
we could develop a portion of it. Given the fact that it is this year l don't have a problem
wifh X'ing out the ground for the site and then allowing the sugar beet crop to go
forward and given the man has noticed he has one more year and that he needs to kind
of plan on not much next year.
Corrie: Looking at the records that is exacfly right.
Rountree: I would confirm it looks like we are near pay off of the (inaudible) used to
purchase the land. I guess I would throw out the possibility and request maybe waiting
until fhe end of the month to confirm with Ashchenbrenner. I would like to talk to the
Parks and Recreation Commission and see if fhere is anybody knowing out there that
there is potenfially a group of people that~ might want to develop possibly a five acre
portion to put in some soft ball fields on a temporary basis at some location. Maybe
adjacent to where we are going to be developing the water storage area. I don't know
how that property irrigates but I assume it is from Meridian to the west. That maybe a
portion of that property off of Ustick at the end of it might be held out. I don't know how
feasible that is for his operation either.
Morrow: Well l think the thing is in terms of the irrigation is you run an East West line to
the west around what is being held out for our water tower construction and something
like you are suggesting. And then you return south and then run the corrugates on west
so that you have a uniform slice that is out of the ground, two rectangles and then the
crop gets built around that. I think in terms of our commitment to him is I think in terms
of purchase dates he has to commit for gypsum and other kinds of things by or prior to
months end. That is a forward commitment to buy those products so that they can
begin to be shipped after harvest of grain which occurs the last week of July. And then
the processing begins immediately to put into the ground those additives they need and
Meridian City Council • •
July 1, 1997
Page 44
then go ahead and have the ground prepped and bedded up. So I think that we can
safely tell him that yes he has got fhe commitment. We will have this amount of dirt that
we are taking out and ~then fhe softball folk could tag onto either between the exisfiing
house and the location of fihe water reservoir and well. Or they could go to the west, my
interest would be just keeping it rectangular in shape so that it conforms.
Rountree: I guess just given whatever action we take tonight I would just like to be able
to qualify that after the meeting we had the 21St of July is that too late?
Morrow: That is pushing the envelope.
Rountree: Well maybe I can get a quorum together before that and get back to you at
the end of week or the first part of next week.
Corrie: Have you had a chance to talk to (inaudible).
Morrow. Okay, what I will tell Mr. Aschenbrenner then is that we are looking favorably
to that we will have notch of land out for the water operation, we may have an additional
notch for some temporary softball "fields but they won't impact his agricultural stuff.
Then we will have a map of that very shortly.
Corrie: He just may not have to buy as much in materials.
Morrow: The next issue is for our strategic planning meeting the topics are we will return
the ordinances that we were working on prior to doing the staffing issues. That will be
the traffic commission, the commissions, boards and committees, the building P& Z,
the ethics, the irrigation and the Council organization. Glenn is out of town the 15t'' and
the 22"d, he has requested that we do that ,strategic planning meeting on the 29th. I don't
personally have a problem with that, that is acceptable. On the 22"d what I would like to
do that night is we are also now starting into the budget process I would like for us to
have a meeting on that night and have the budget presentations by sewer, water and
public works for that evening. That would get us started on that process and not get us
so bulked up in August.
Rountree: I will not be available the last week in July.
(lnaudible)
Corrie: Gary are you ready to do that presentation?
Smith: I think we are close, I don't know exactly where the guys are. I think John,
everybody is working on them. John is probably closer to being done with his.
Morrow. That is three weeks and we are doing are signing of checks on Monday the 7tn
and we can be ready for fhat on the 22"d
Meridian City Council • •
July 1, 1997
Page 45
Corrie: We are signing what on the 7tn~
Morrow: Not checks our P.O.'s, we are signing those on the 7t" because Friday this
week is a holiday and Thursday is too soon the bills aren't in. So we will have a
discussion at that P O signing thing about having those budgets ready.
Corrie: As long as you are ready for it, if you are not ready for it.
Morrow: We are going to start losing people form time to time and we are going to have
to press on or we going to be trying to do planning meetings and budgeting all in the
space of 3 to 4 weeks or less.
Bentley: In lieu of the fire department situafion maybe it would be best if you went ahead
and had your planning session on the 22"d in case I am still tied up with that. Ron and I
both might be tied up that last week.
Morrow: Okay, so what we will do is stay with the standard deal we will do the planning
session on the 22nd and we will schedule the budget hearing for those three
departments on the 29th and just reverse the order. That is the three issues that I had.
Corrie: Mr. Bentley?
Bentley: I stuffed in your boxes a couple of ordinances, one is from the county
concerning towers and also Eagle's ~ordinance which they now have in effect. I thought
maybe we would look them over during the month and get some comments on what we
think. Also I put a dog license comparison, showing the different rates that everybody is
charging for dog licensing. We are going to be looking at expanding fhe dog pound,
possibly hiring a part time employee to handle the dog situation over the week end. I
think we ought to be upping our fees to get on the norm and to help foot the bill for this.
So I will give you those to look at. And that is all I have.
Rountree: The item I have is a hold over from last meeting. The Parks and Recreation
director, I gave you a job description fior consideration. Indicated that we needed to if we
want fo advance that w.e need to establish a salary range. I also provided you with an
association of Idaho Cities salary range and benefit survey for those kinds of positions
by City by populafion. I guess at this point (inaudible) and get authorization to advance
the advertising and ultimately hiring of that individual.
Morrow. I guess from my perspective to answer your observation, you are best
prepared I would be interested in a proposal from you as to what that salary range
ought in fact to be.
Rountree: Looking at this salary range that we were provided and given that it was a
1995 I just took comparable cities and kind of hit a median or a low median at the
Meridian City Council • •
July 1, 1997
Page 46
monfhly pay range. It looks as if something on the order of $3400 to $4200 would be
that pay range. That equates to $40,800 to $50,400.
Morrow. That is fine with me.
Rountree: That is higher than I originally anticipated but I am looking at cities like
Ketchum that have 2500 people that are paying that. That is comparable within the
population range of 50,000 to 18,000.
Corrie: We plan on doing this after October 1 St~
Rountree: That is what I am asking is fhat if we advertise now and hire effectively the
first of October after (inaudible).
Morrow. I guess from my perspective I would like to see us advance the Parks and
Recreation stuff as quickly as possible. We have some salary savings from the five
departments that we never funded one employee with. We could in fact use those
salary savings to bring that person on. If you guys can get it to get your committee put
together to go through your applications and get a short Iist and have the Mayor and his
group interview the person and recommend a selection and have them on board
September 1 St, I would be willing to go with that.
Rountree: I guess to address the salary savings or the savings within the parks and
recreation budget we budgeted somefhing on the order of $8,000 to $10,000 to maintain
St. Luke's grounds for the entire year. At this point we have not spent any of that money
and the deal that I have hammered out at this point is that St. Luke's is going to do all of
that for us anyway.
Morrow. There is your start money.
Rountree: So we have that money in the budget that we could redirect for, if we got
going right now we would be lucky to have the individual on for a month and a half to
finro months.
Morrow: So fhat is September 1 St, that is a 30 day salary thing and you are covered. I
just want us moving ahead on that and I want that person on board to hit the ground
running and start those. programs out and the sooner the better.
Rountree: Do we need a motion?
Corrie: Yes
Rountree: Mr. Mayor, I would move that we advance the hiring of a parks and
recreation director, establishment of the job description and advertise for fhat position
with a salary range of $3400 a month to $4200 a month.
Meridian City Council • •
July 1, 1997
Page 47
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to move forward on the
Parks director and the $3400 to $4200 a month range, any further discussion? All those
in favor? Opposed?
MOTION CARRIED: All Yea
Rountree: That is all I have.
Corrie: Talking wi#h the Department heads and the people in the City, and I apologize I
fiaven't had this made up yet I just got them. I will get them to you. The vast majority
has requested that we, give in place of the accident insurance that the City is paying
$13.75 a month for each employee for the Lone Star Accident policy we talk to all the
staff and the majority of them said they would rather have vision rather than fhe Lone
Star accident policy. The difference between fhat and what fhe City is paying is about
$26.80 a month difference. I will give you this so you can look at it and maybe take it up
on the 22"d. But they also could have their Lone Star Accident policy if they want to
keep it they would pay it themselves. In place of taking the Lone Star Policy give them
a vision plan too would be approximately $26 a month more. I apologize I didn't have
this (inaudible) but staff has (inaudible). I will give that to you and you can look at it. I
just bring it to your attention at this point. Vision is one of the things they talked about
for the last two years so we thought we would discuss it. That is all I have, I think the
City Cierk has something.
Berg: I have in your packet a street light agreement with Steiner Development. It is a
standard form for decorative lighting that the City does not want to maintain or has the
ability to maintain. So I just ask for your approval for signatures on that agreement.
Unless you have any other questions.
Tolsma: (Inaudible)
Berg: It is similar to several of them, Midtown Square has them, Summerfield has a
couple. It makes mor,e or less the homeowners association responsible for the
maintenance of those street lights.
Corrie: Is there any other discussion? Do I hear a motion to approve it?
Morrow. Mr. Mayor I would move that we approve the street light agreement with
Steiner Development.
Tolsma: Second
Meridian City Council i i
July 1, 1997
Page 48
Corrie: Motion made and seconded on the street light agreement, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Berg: Then I have one~,other thing, this is the proposal for the fountain for Generation
Plaza. I looked through :all the minutes and fhought maybe we discussed fhis before, but
we do not have a budget line item for this $17,000 item and I just want the focmality of
approval so we can get down the road. I don't remember, or I couldn't find where we
discussed it.
Morrow: From the accounting standpoint where do we off set that expense, what
account.
Berg: We do have an account expense wise for Generation Plaza not nearly this
amount. Hopefully fhe income and we will have to make an amendment to the budget at
a later date. Hopefully we will have revenues counteracting this cost.
Morrow. Mr. Mayor I would move that we authorize the expenditure in the amount of
$17,600 for the down payment on the fountain at Generations Park and amend the
budget later to reflect the income and the expense item.
Rountree: Second
Corrie: Motion made and seconded, any further discussion? All those in favor?
Opposed? ~
MOTION CARRIED: All Yea
Berg: The only ofher question we had was the discussion about the meeting we were
going to have with the space study analysis with ZGA Architects for the 9th. It has come
to my attention that the Ada County Commissioners are meeting that night to make their
decision on the area of impact. We are trying to find out where we are at on the agenda,
that meeting starts at 6:00. If it pleases you maybe we can kill one night and have this
other meeting later on that evening or whatever it may be. I am sure a few of us want to
be at the meeting with the commissioners.
Bentley: They told us it was going to be early on the agenda.
Rountree: Can we post a meeting and have Ada County provide us a room down there
so we can just stay down there if we go down there for that? Have ZGA show up down
there that way we don't have to run back and forth.
Corrie: We can call and ask if they will do that. They said they would meet us anytime
anyplace anywhere.
Meridian City Council ~~ ~
July 1, 1997 -
Page 49
Berg: We just need the facilities so we can record it because it is a meeting.
Bentley: Just take the portable.
Berg: We could meet in their office too.
Corrie: That is a good idea Charlie and with your permission I will get a hold of them
and have them give us a room (inaudible) that presentation is only going to take about
an hour anyway.
Bentley: Mr. Mayor if they can't get it at City Hall maybe we can just run over to their
shop.
Corrie: We have lots of options here. Anything else from the Council? Hearing none I
will entertain a motion to adjourn.
Morrow: So moved
Rountree: Second
Corrie: Motion made and seconded, all those in favor'? Opposed?
MOTION CARRIED: All Yea
MEETFNG ADJOURNED AT 10:30 P.M.
(TAPE ON FiLE OF THESE PROC'EEDI'NGS)
ATTE ST:
LIAM G. BERG, JR.,
CORRIE, MAYOR
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APPROVED:
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JULY 1, 1997 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELD JUNE 16, 1997: ~~~'o~~
MINUTES OF PREVtOUS MEETING HELD JUNE 17, 1997: ~~~-e-
1. TABLED JUNE 3, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CDRPORATION: -~~ ~~L /~. ~.-l~-,
2. TABLED JUNE 3, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS,
COMMITTEES: -~~x.~Ge_ u~,,,,~r,;e ~~~, ,~'~~n,,~,
3. TABLED JUNE 3, 1997: ORDINANCE #761 - TRAFFIC SAFETY
COMMISSION: ~Z~~ .~~'~'~ '~`~°(~' ~~-~'~
4. TABLED JUNE 17, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: ~
C~ ~~f-o-r~ne~ t'b ~~ba'`-~- ~~~ ~G/G
5. TABL D JUNE 't'1', 1 J97: REQUEST FOR ANNEXATION ~ AND
ZONING OF
APPROXfMATELY ONE ACRE TO R-45 BY LARRY & KAY HANSEN:
.
Gi ~,ff~e ~ ~/~ ,~c~ ~ -~l~ ~ c/L
6. AMEND D ORDIN~NCE #764 -~ PACKARD SUBDIVfSION NO. 2
ANNEXATION: C~~r~v~
7. TABLED JUNE 17, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
-~.~ ~~~ ~u.~ ls'~ /~i~l~-.
8. FINDINGS OF FACT AND CONCLUSIONS .OF LAW FOR VARIANCE
REQUEST FOR REDUCTION F FRONT AND SIDE STREET SETBACK BY
A'a LLC: C~,taro~~ ~'~-~ ~c%
~pr»v~ ~;ec.tS~o~
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVEN
BAINBRIDGE: ~~'vpfo~.e ~'/~' ~c/L
CC~I~JY~t/-e GC~Cc~i ~~
10. FINAL PLAT AND DEVELOPMENT AGREEMENT FOR MEDIMONT
SUBDIVISION N0. 1 BY PROPERTI S WEST INC.:
~7~ ~e ~i'h.a.f'~2~- 5~ Cf,e~~o~,v,.e..~ ~~~ n.~~..~
11. RE~UEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL
BY DONOVAN BROTHERS COMME CIAL CONSTRUCTION:
~~I~~ov~. -rc ~n~n-d.~c~ ~'/~ s~` ~.lL
w~~'rvv~~ G~u~~~
• •
12. REQUEST FOR RELEASE OF NON-DEVELOPMENT AGREEMENT FOR
GOLF VIEW ESTATES N0. 4 SUBDIVISION: ~'~"rov~
13. LEASE AGREEMENT WITH RED CANYON: o~-~-~vzJ
14. WATER/SEWER/TRASH DELINQUENCtES: ~y~,~a~vv~e~
15. APPROVE BILLS: ~r-~~
16. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGfNEER:
1. ASHFORD GREENS LIFT STATION STATUS REPORT: --~~--
2. ASHFORD GREENS LIFT STATION CHANGE ORDER: a~r~v.e,
B. WAYNE CROOKSTON, CITY ATTORNEY:
1. LATE COMERS AGREEMENT WITH DAVE LEADER, IDAHO
ATHLETIC CLUB AND CJTY OF MERIDIAN: ~-/~j~~~~-
C. WILL BERG, CITY CLERK:
1. STREET LIGHT AGREEMENT WITH STEINER DEVELOPMENT: ~~~~:~~
__ CITY OF MERIDIAN ~
PUB~ MEETING SIGN-~HEET
JUL -
(~ 0~ .
CITY OF MERIDIA ~
PU~~~ MEETING SIGN-U 'HEET ~u~ -
~ ~~
NAME PHONE NUMBER
_ C~~:~; ~.o...~ a ~~~s ,v ~ ~ c~ ~~ ~ 7~
G,~ ~ ~ ~i ( ~ ~~~Q u ~.. c~ -e rrs ~l ~1 ~' - 7 `~.
~ ~ /~ , ~ .u~.~ ~ , ~; ~. ~~8 - l2>2
~
~
.
~7~~;%~ ~8"~- ~ y-~2~
~ ~ ~~- A~~ ~~~- ~ z s ~'
s •
MERIDIAN CITY COUNCIL MEETING: Julv 1.1997
APPLlCANT: ITEM NUMBER; ,,~ ~ ~
~tEQUEST: DEPARTMENT REPORTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
C{TY BUfLDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS iRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATI4N:
COMMENTS
OTHER:
All Materials pr9esented at public meetings shall become property of the City of Meridian.
• •
•
~ntero ~ce
MEMORANDUM
to: Mayor and Council
cc: File
from: Gary D. Smith, PE
re: Ashford Greens Lift Station
date: june 25, 1997
Attached is a copy of a memo I wrote to Brad Watson aslcing for an update on this
project, along with a little history of a discussion at youx March 18, ~ 997 Council
meeting, and a copy of Brad's status report for the construction of this lift station. As
you can see the estimated contract end date is September 4, 1997.
If all goes well with completion of the lift station we will be about 10 calendar days
behind the estimated first occupancy permit and we will therefore need to pump a
manhole upstream of the lift station for that time period.
from the desk of...
Gary D. Smith, PE
Public Works Director
City of Muidian
33 E. Idaho
Meridian, Idaho 83642
208-881-111I
Fax:208-887-1191 or 108-881-4813
v ~ • .
INT'ER ~FFICE 1'I ~I,~M~ D U
M
To: Brad Watson, EIT
CC: File
From: Gary D. Smith, PE
Date: June 12, 1997
Subject: Ashford Greens Subd. No. l- Lift Station
Brad: On IViarch 18, 1997, David Turnbull (Brighton Corp.) met with the City
Council concerning the ability to obtain building permits in this subdivision prior to
completion of the lift station. The Council decided to allow permits to be issued and
that they would revisit the lift station project in 90 days to review the status of its
construction. Their concern was having people occupying the homes without the
operation of the lift station.
David Turnbull stated that he didn't anticipate the need for any occupancy permits
for 120 days from the date of building permits. The first building permit, not
including the permit for the Parade home, was issued on Apri125 so, 120 days hence
is August 23. I need a projection from you as to status of construction/operation at
that date.
I will schedule to discuss this matter with the Council at their regularly scheduled
meeting of July 1 if you can have that information to me prior to that date.
Thanks, Gary.
FROM TrIE DESK OF...
G~tY D. Snlrrx, PE
PUBLIC WORKS DIRECPOR
Cl'IY OF MERIDIAN
33 E. ID~tio
MERIDIMf, IDnHO 83642
208-887•2211
Fax:208-887-1297 or 208•887-4813
•
^ ^
i n ero ~ce
MEMORANDUM
t0: Gary Smith, P.E.
CC: File
from: Brad Watson, E.I.T. ~~!~
re: Ashford Greens Lift Station
date: June 25, 1997
•
The following is in response to your memo asking for an updated schedule for the construction
of the Ashford Greens Lift Station. I have spoken with both Dakota Pump and Sommers to
gather some of the pertinent information.
Pum Station
Pressure Lines Pump Station
Installation
Contractor Dakota Pum , Inc. Sommers Const. Sommers Const.
Notice To Proceed 6/11 5/23 None et; est. 7/21
Contract Be in Date 6/11 6/2 7/21
Contract Period 56 da s 45 da s 45 da s
Contract End Date 8/6 7/ 17 Est. 9/4
Estimated Delive Date *8/6 NA NA
* Conversation w/ Bill Smith of Dakota Pump; I am to check in with them after their production
meeting Friday morning, June 27 for more definite date.
The estimated date when the lift station should be in operation is September 4. However, as
these projects usually go, there will be delays in troubleshooting the electrical and
instrumentation in the station regardless of the delay damages.
I will update the schedule after I speak to Dakota Pump again on
Friday.
from the desk of...
Brad Watson, E.I.T.
Asst. Cit~r Engineer
City of Meridian
33 East Idaho Ave.
Meridian, Idaho 83642
c:lmsoffice\templates~etters & faxesUnemo2.dot
(208) 887-2211
Fax: (208) 887-1297
. ~
~
• •
CONTRACT CHANGE ORDER
DATE: ORDER NO.: 1
a-
CONTRACT FOR: SewaQe Pum~ Station Procurement
OWNER: CITY OF MERIDIAN. IDAHO
T0: Pacific Eauiqment, Inc.
(Contractor)
You are hereby requested to comply with the following changes from the contract
plans and specifications:
Description of Changes In
This Change Order
list se aratel INCREASE
in Contract
Price DECREASE
in Contract
Price
1. Change configuration of access tube. $1,912.50
Sum of Increase and Decrease: $1,912.50
Net Change in Contract Price: $1,912.50
JUSTIFICATION (attach supplemental documents):
1. To provide increased accessibility to equipment chamber and meet safety
' requirements. See Exhibit A, attached.
CHANGE IN CONTRACT PRICE:
Original Contract Price: $67.830.00
Previous Change Orders No. NA to No. NA ~ -0-
Contract Price prior to this Change Order: $67.830.00
Net (Increase/Decrease of this Change Order: $1,912.50
Contract Price with all approved Change Order.~: $69.742.50
06/18/97
33 -
a
•
CHANGE IN CONTRACT TIME:
Original Contract Time:
Previous Change Orders No. NA to No. NA '
Contract Time prior to this Change Order:
Net (Increase/Decrease) of this Change Order:
Contract Time with all approved Change Orders:
U
56 davs
-0-
56 davs
-0-
56 davs (8/6/97)
This document will become a supplement to the Contract and all provisions
will apply hereto.
ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS
BY CONTRACTOR
The increase or decrease in Contract price and/or Contract time stated in each and
every Change Order shall unequivocally comprise the total price and/or time
adjustment due or owed the CONTRACTOR for the work or changes ordered by the
Change Order. By executing the change Order, the CONTRACTOR acknowledges
and agrees that the stipulated price and/or time adjustments represent full
compensation for all increases or decreases in cost or the time required to perform
the Contract as whole arising directly or indirectly from the Change Order, including
costs and delays associated with the interruption of schedules, extended
overheads, delay, and cumulative impacts or ripple effect on all other non-affected
work under Contract not changed by the Change Order. Signing of the Change
Order constitutes full and mutual accord and satisfaction for the adjustment in
Contract price and/or time, subject to the current scope of the entire work as set
forth in the Contract Documents. Acceptance of this Change order constitutes an
agreement between Owner and CONTRACTOR that the Change Order represents
an equitable adjustment to the Contract, and that CONTRACTOR will waive all
rights to file a claim of the Change Order after it is properly executed.
All Change Orders shall include a written record, submitted by the CONTRACTOR,
that states the basis of cost amount, including time and materials data, that enables
the Owner to determine the necessity and reasonableness of the Change Order.
RECOMMENDED: DATE: ~° L 91
GINEER
APPROVED: DATE:
OW ER
,
APPROVED: DATE: C9' ~~ ~9 ~
NT CTOR
34
~
'~
06/18/97
'~~6/18/1997 08:56 1208 39 PACIFIC EQUIPP"~ PAGE 01
~
.
Q ~~~~~~~ ~:s~ ~.1 ~~~'$~:5~~~~ 8 ~~s
R~reaanting Bquipmestt for cl~ i~dtsr ~ l~7asl,a~vaigr Inatustry .
EXHIBIT A
Junc 1$, X997
Brad Watson
G~ity o~~eridian
~te: Sewage Pump Station
To make the cb~ge you b-ave requested on the entxance tube to 14'-5"
of 60" diameter with two landing and safety ra~ls wi.th chains and 3'
0~48" e~nirance tuba with fiiberglass cover for access.
,A,dd~tionai cost of change wovld be $1912.50. Please advi.se right
away to attempt to not dolay the pzog~ress of the stahon.
Sincerely,
~ `~'~
Jef~~yrnr
1407 3rd St. South • P.O. Baoc 588 • NatnFa, ID 83651 •(208) 46f~2$23 • F~-z (208) 4666939
~ ~
MERIDIAN CITY COUNCIL MEETING: Julv 1.1997
APPLICANT: ITEM NUMBER;_~ ~ ~
REQUEST: WATER/SEWERITRASH DELINQUENCIES
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: , ~ ~~
Y
ADA COUNTY STREET NAME COMMITTEE: /
~
CENTRAL DIS'fRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public rr~etings shall become property of the City of Meridian.
•
•
~C~~
J U L- 1 1997
DELINQUENCY FOR ~Y O~ ~~AH
TURN OFF SCHEDULED FOR 07/09/97
MAYOR: This is to inform you in writing, if you choose to, you have the right to a
Pre-determination hearing at 7:30 P.M. Tuesday JLJLY 1,1997 before the Mayor and the
City Council to appear in person to be judged on the facts and defend the claim made
by this City that your water, sewer and trash bill in delinquent. You may retain
council. This service will be discontinued on JULY 9, 1997, unless payment
is received in full. Is there anyone present who wishes to contest their water, sewer and
trash delinquency? No response,
MAYOR: They are hereby informed that they may appeal or have the decision of the
City reviewed by Fourth Judicial District Court, pursuant to Idaho Code. Even
though they appeal, their water will be shut off. The amount of the turn off list
is $32,960.43
•
DELINQUENCY LIST
TURN OFF FOR 07/09/97
ACCOUNT # NAME & ADDRESS
1-20 THOMAS R. HAMMOND, OD
719 MERIDIAN ST
1-74 KATHRYN CUNNINGHAM
118 W BROADWAY
1-90 LEONARD MCFADDEN
710W2NDST
1-110 NORMAN CROTEAU
717W2NDST
1-460 JOHN WARDLE
716W8THST
1-920 JON C. HOFFMAN
233 W BROADWAY AV
1-1164 ROBERT FLATEN
48 W IDAHO AV
1-3200 MARYANN NEWKIRK
847 W PINE AV
1-3510 EARL & KATHI.,EEN BRINEGAR
205 W PINE AV
1-4100 HAROLD BRISCOE
646 W FRANICI.IN RD
2-400 LARRY R SMITH
720 W PINE AV
2-446 RAYMOND BOBKO
586 W CRITERION ST
.
AMOUNT
96.32
35.86
37.36
73.88
49.39
79.28
82.77
53.08
115.76
34.80
137.62
84.64
~ •
2-452 SHAWN BIERY 64.19
6S2 W CRITERION ST
2-520 DARVA MARTIN 60. lb
1002 W 8TH ST
2-766 WALTER TEIXEIRA 61.97
930 NW 9TH AV
2-950 RITCHIE & SUSAN GAYTHIWAITE 83.75
1442 W STATE ST
2-952 TIMOTHY THOMAS 51.85
1464 W STATE ST
2-1160 DION STATES 59.79
3 7 W CHERRY AV
2-1170 KENT & SUSAN CAMPOSAN 173.18
1304 W 1 ST ST
2-1190 A TERRELL 175.41
1324 W 1 ST ST
2-1270 MOLLIE P FLERCHINGER 77.60
1546 W 1 ST ST
Z-1610 DEriICE DESILET 59.34
1502 W 2ND ST
2-1690 E RALPH NASH 119.84
1616W2NDST
2-1700 LEON SMITH 64.71
125 W CHERRY LN
2-1730 DR. BARR~ SAMS 96.32
403 W CHERRY LN
2-1860 H LARLTE BEVINGTON 108.65
240 W MAPLE AV
2-1960 DONALD DICKSON 81.54
233 W MAPLE AV
•
2-1970 KERRY L LARSON
225 W MAPLE AV
2-2020 KIRK HENDERSON
222 CAMELLIA AV
2-2150 LOIJIE J NEAGLE
216 CHERRY AV
2-2180 DUWAiN SHEPARD
238 CHERRY LN
2-2210 DE1~INIS GOLIGHTLY
313 CHERRY AV
2-2350 DIANA HARPER
126 W WASHINGTON AV
2-2360 DAVID SIEIVI~NECHT
202 W WASHINGTON AV
2-2520 RYAN MARTIN
1326 W 4TH ST
2-2550 PAUL PACK
1313 W4THST
2-2606 STERLING & SHANNON EARLY
1464 N MIDTOWN ST
2-2748 PAUL PACK
1323 W 4TH ST
2-3912 DONALD & CAROLYN COUCH
1121 MERIDIAN ST
2-4030 LEROY THOMSON
1204W8THST
2-4200 CLAUDE JAMES BLAKELY
1618W8THST
2-4310 DENNIS K WII,SON
1239 ELM COURT
•
182.88
90.15
177.4y
80.03
68.68
48.16
56.77
53.36
123.81
73.60
264.97
58.16
53.08
105.13
55.82
• •
2-4330 CHARLES DANNENHALTER 69.63
1223 ELM COURT
2-4520 PATRICIA R WII,LIAMS 61.02
1409 W 13TH ST
2-4590 JOHN CARNAHAN 58.16
1231 W 13TH ST
2-4700 PAT & CAMILLE CHATTERTON 72.37
1306 W 14TH ST
2-4750 COLLEEN FUNK 56.77
1414 W 14TH ST
2-4800 JUDY L TODD 58.53
1400 NORTHGATE AV
2-5010 GEORGE EARLEY 62.25
1536 N LINDER RD
2-5030 JOSEPH KENNEDY 79.62
1535 NORTHGATE AV
2-5120 CAREY BURNETT 64.71
1405 NORTHGATE AV
2-5610 KRIS HOPKINS/GAY LEE ARCHULETA 75.53
1504 W WASHINGTON ST
2-5630 DWAYNE MORRISON 76.34
1121 W 15TH AV
2-5670 JAMES RANSOM 71.14
1017 W ISTH AV
2-5740 MONA NIlVI1~~0 58.40
1327 W CARLT4N ST
2-5890 KAY FEII. 48.16
1036 W 15TH AV
2-6180 TERRY & SHANNON AHRENS 74.83
1228 W 11 TH ST
.
2-6300 PATRICIA ANSON
1203 W 8TH ST
2-6660 SUSAN DAVIS
1101W11THST
3-16 STEVE CRESWELL
784 N ABERNATHY WY
3-24 KIlVIII~O KINNEY
2084 W JAYTON DR
3-38 THOMAS SKOGERSON
2175 W JAYTON DR
3-82 ANNETTE FLTHRIMAN
2268 W JAYTON DR
3-100 TINA WEATI~RMON
631 N TIDWELL WY
3-292 ROD & JENNIFER SHURTZ
2195 W SNYDER DR
3-418 RICHARD THURBER
642 N TALL PINE PL
3-420 RICHARD THL7RBER
674 N TALL PINE PL
3-670 WAYNE MURRAY
1625 W PINE AV
3-8'78 DOUG LASHER CONSTRUCTION
2526 W SNYDER DR
4-1454 WILLiAM CAVINESS
125? N CLARA AV
4-1594 BRIAN HALL
2921 W WII.LARD ST
4-1598 JOHN & DAWN OGAN
2857 W WILLARD ST
~
120.28
55.82
48.16
53.08
72.24
57.05
65.00
91.89
81.26
88.36
86.46
208.20
68.96
62.15
72.09
.
4-1634 RUSSELL C. MOORE
2922 W WILLARD ST
4-1774 GARY GEYER
2588 W WILLARD ST
4-1790 JEFF MII,LER
2497 W WII,LARD ST
4-1908 C/CC DARRELL R. BYERS
1533 N TOKAY WY
4-1958 HARRY DUPLEX
2322 W SONOMA CT
4-2074 RONALD RAMZA
2212 W SANTA CLARA DR
4-2200 LUCREZIA BLAYE
1702 W ~ANTA CLARA DR
4-2284 STEVEN HAMMOND
1842 W SONOMA DR
4-2350 VIDEOLAND
1739 W CHERRY LN
4-23 53 VIDEOLAND
SPRINKLER CHERRY
5-168 JACK & CONNIE KLAPWYK
3953 W PARK CREEK DR
5-222 RON & DARLENE VARGAS
3886 W BIG CREEK CT
5-268 PETER MANOS
1216 N SAW CREEK PL
5-454 R. SHANE RILEY
3663 W PARK CREEK DR
5-506 CC RANDY HART
3353 W PARK CREEK DR
•
48.16
71.14
71.14
202.6'7
98.88
80.98
67.17
111.34
135.04
115.OS
54.31
81.54
82.05
96.69
204.98
•
5-694 JEFFREY & KIMBERLY LYON
3398 W ELM CREEK DR
5-712 KEITH STRONG
3505 W FIR CREEK
7-260 MARSHALL LAMBSON
349 S LODESTONE AV
7-704 LINDER SECURITY PARK
255 N LINDER RD
20-1282 ALAN HARGETT
1900 N ARONMINK WY
20-1392 DAVID WALKER
1835 N ARONMINI~ WY
20-1396 DAVID & MARSHA OGILSVEE
3300 W WOODMONT DR
20-1488 ORSON HATCH
3 560 W TUPELO CT
20-1616 JAY R. DEAN
1720 INTERLACHEN WY
20-1638 THOMAS LINK
1920 INCLINE WY
20-1660 CC NIICHAEL WILLIAMS
3809 WOODMONT DR
20-1664 STEVEN MEDLEY
3761 WOODMONT DR
20-1726 NANCY MESROP
211 N SCIOTO PL
20-1890 RONALD LUKESH
1971 INTERLACHEN WY
20-1964 TECO INVESTMENTS
3951 5UGAR CREEK DR
•
74.27
150.27
54.31
116.79
48.16
65.94
82.49
83.72
62.92
89.87
101.65
123.53
117.11
77.60
54.31
~ •
20-1984 STEVEN FEASTER 59.30
3777 QUAKER RIDGE DR
20-2042 DANEEN SANCHEZ 113.80
1620 LAUDERHILL WY
21-22 STEVEN CONRAD 72.37
182 KRISTEN WY
21-5~ RC~BERT BALDWIN 62.25
2088 LWANN WY
21-94 JAMES METIVIER '77.96
2522 N WATERSTONE WY
21-208 TERRY SILSBY 1.05.70
2674 N OLD STONE WY
21-216 ROBIN FRIZZELL 63.48
2782 N OLD STONE WY
21-220 5C4TT NEELY 70.30
2795 N QUARRYSTONE WY
21-994 BRETT & KRISTEN DEBENHAM 71.81
2757 W PEBBLESTONE CT
21-1102 ERIK BEAL 97. 53
2701 N OLD STONE WY
21-1172 RICHARD FALK 90.78
2375 LEANN WY
21-1174 DAVID TWADDLE 83.44
2492 W CHATEAU DR
21-1176 MICHAEL & JOANN ARMSTRONG 112.57
2S I O W CHATEAU DR
21-1652 MARILYN MYERS 296.65
2085 KRISTEN WY
21-173 S MICHAEL A TATE 118.12
2031 KRISTEN WY
• ~
21-1766 RICK K. COFFMAN 66.83
1960 MARIANNA PL
21-1894 CLINTON BA,F~NHART 144.28
2580 MISTY DR
21-1918 JAMES CULVER 73.04
2482 REBECCA WY
21-192Q SHANNON RODERICK 67.17
2512 REBECCA WY
21-1930 BRUCE BAILEY 74.95
2594 REBECCA WY
21-1934 DARICE BEHRENDT 57.13
2612 MISTY DR
21-1942 JAMES H POOL 69.29
2609 REBECCA WY
21-2068 JEFFRY & PAMELA PiJGMIRE 72.37
3016WANNST
21-2732 RON THURBER 113.97
2482 N STONE PL
21-2758 MICHAEL & BRENDA THOMPSON 63.13
2444 N VICTORY WY
21-2996 VALERIE MAT'THEWS 151.54
3043 W MIRAGE CT
21-3070 KIMBERLY DECK 80.98
2921 W JOUST ST
21-3134 JAMES & ELIZABETH LOVE 83.44
2910 N STONE AV
21-3136 TERRY DEAN 112.85
2940 N STONE WY
21-3160 DOUGALS 8c JENNIFER PETERSEN 96.69
3087 N THAMES AV
. •
22-312 STEVEN M.. CAMTRELL 102.96
1750 W CHATEAU DR
22-320 DOLPH & EILEEN HITESMAN 87.97
1810 W CHATEAU DR
22-338 ALLEN LAMKEY 63.20
1861 TRACY CT
22-790 ROBERT MACK 76.73
2338 W CHATEAU DR
22-922 RODNEY D. BRAI~Y 63.48
2155 MONACO WY
22-926 H. 7ASON ELLIOTT 72.15
2115 MONACO WY
22-1008 GARNETT BLEDSOE 100.56
2065 N ASTAIRE WY
22-1048 THURSTON STEINER 168.37
2054 N GLENNFIELD PL
22- I216 CC ROBERT WHEILER 82.54
2208 W HENDRICKS ST
22-1256 JAMES & LORI WHITE 83.30
1918 N WATERFALL AV
22-1354 RQDNEY WII.LIAMS 97.45
1908 MONACO WY
22-1416 SHANNON ALLEN 100.83
1763 W MCGLINCHEY ST
22-1418 ALDO & FLORENCE BACHINI 77.96
1745 W MCGLINCHEY ST
22-1420 DUANE DAVENPORT 97.53
1719 W MCGLINCHEY ST
22-1518 JAMES WOOSLEY 89.99
1942 SANDALWOOD DR
• •
22-1 S64 JOHN JOSEPH PITTI 89.12
1950 TANA COURT
22-1634 EVA LOUISE REED 38.16
2291 N LINDER RD
31-8 DR. TINGEY & BRADY 184.41
1104 W CHERRY LN
31-142 MARY VANDEVENTER 129.96
1330 W YOST CT
31-148 WII,LIAM SIGRIST 57.68
1388 W YOST CT
31-184 TRACEY & T'HOMA.S BENNETT 489.76
1968 NW 12TH ST
31-492 J&M, L.L.C. 294.94
1401 SANDALWOOD DR
31-508 ALICE STRATE 53.36
1492 STO~REY ST
31-608 CC MICHAEL WALKER 120.39
1333 NEWPORT DR
31-814 MIKE MCDOUGAI. 72.37
2044 NW 12TH ST
31-822 JOHN MCKAY 86.46
2132 NW 12TH ST
31-844 BRAALEY JORGENSEN 103.29
2224 NW 12TH ST
31-866 VICKEE K LARSON-POOLE ~6.30
1328 W CHATEAU AV
31-874 EDWARD E SPELLMAN 99.04
1424 W CHATEAU AV
31-1008 MARY PERMAN 69.91
1481 DARRAH DR
~ ~
31-2230 TAMI WATERS 65.94
2691 13TH ST
31-2240 BARBARA ELLIS 66.71
1320 DARRAH DR
31-2254 RAYMOND TURNER 82.77
1402 DARRAH DR
31-2258 KIlVIBERLY SMITCHGER 120.51
1464 DARRAH DR
31-2304 KAREN GESELLE 147.85
2801 NW 15TH ST
31-3002 DAVE CHRISTENSEN 102.73
2240 NW 15TH ST
31-3046 MICKIE BUTLER 86.46
1081 W CHATEAU DR
31-3262 DOUG LINDEMOOD 84.00
1180 W KINGSWOOD CT
31-3294 ROD T. WERLE 107.93
1061 W NEWPORT CT
31-3312 GLEN & JACK EVANS 54.31
1050 W KINGSWDOD CT
31-3336 JUDITH CRYER 54.59
811 DELMAR DR
31-3390 GLADE BIJRLINGAME 63.48
1052 DELM.AR DR
3I-3394 PHILIP R CARROLL 79.72
1080 DELMAR DR
31-3400 DANIEL L. ROWELL 84.95
2222 NW 11 TH AV
31-3402 LYNN BASURA 48.16
2252 NW 11 TH AV
i •
31-3420 JCTLIA COUCH 64.55
1012 FAIRWOOD CT
31-3590 SHARON STEWART 63.54
1005 YOST AV
32-230 LE~NARD MCFADDEN 113.13
104 W CHERRY LN
32-458 THOMAS DANIEL HORNE 69.91
2130 NW 8TH ST
32-540 RICHARD L DAVLIN 99.32
603 LAWNDALE DR
32-556 WII,LIAM EDDY 74.27
1908 LAWNDALE DR
32-654 MICHAEL & BEIVICIA MORRISON 76.97
473 CRANI~ICER DR
32-958 RALPH & DEBRA FEBUS 71.14
126 W WOODGLEN PL
32-1284 EDWARD WII..LERT 74.39
428 W WOODWRY DR
32-1384 KEN&LISA GATES 57.05
560 W WATERBURY DR
32-I400 RANDAL LANDIS 77.57
2570 N RIDGEBURY WY
32-1404 ALAN & SH.ARON WHITE 72.37
2614 N RIDGEBURY WY
32-1418 CHAD & JULIE BUCK 48.16
571 W WOODBURY DR
32-1710 SEAN STROEBEL CONSTRUCTION 63.08
292 W CLAIItE ST
33-56 TEL-CAR 399.37
220 E FA1R~W AV
~ •
33-241 JOHN & NDY K CHOAT 48.16
1836 N BUENA VISTA AV
33-282 ETHEL DAY 63.76
1888 N IBERIS AV
33-354 LEONARD EVANS 186.90
1970 N MERIDIAN RD
33-1828 RONALD & JLJLIE BELL 64.71
117 E WOODBURY DR
33-1832 TORY & SHAWNY CIJLLEY 71.74
16~ E WOODBURY DR
33-1838 RODNEY POLWNAKY 97.25
23S E WOODBURY DR
33-1$52 DOYLE BIJNDY 58.28
2486 N LARCHMONT PL
33-22'l8 RIK & CAROL LEWIS b4.71
2533 N ARROW WOOD WY
33-2316 LILLY BELL 49.39
2518 N ARROW WOQD VVI'
33-2318 JOHN & SHAR~N SCOTT 78.52
2542 N ARROW WOOD WY
33-2338 TRACEY HAMII.TON 108.2I
677 E WOODBURY DR
33-2378 GORDON & ROBIN MCCAULEY 77.26
2740 N ARROW WOOD WY
33-2430 TROY SMITH 53.36
2477 N CAPECOD WY
33-2528 THOMAS DII,NO 49.39
2424 N CAPECOD WY
33-2538 GEORGE & ELIZBETH MENDOZA 56.77
1700 E GROUSE CT
• •
33-427g DONALD & PATRICIA LANDON 48.16
350 E WOODBURY DR
34-352 STEVE DEWEY 59.79
1792 JERICHO RD
34-632 ~AMES & SHIRLEY BAKER 80.31
1419 E TOLIRMALINE ST
34-814 ERIC LONGWORTH 65.78
953 E BLUE HERON ST
34-820 TECO INVESTMENTS 7b.45
973 E BLUE HERON ST
34-830 7IlV1 C NIIZE 111.05
984 E BLUE HERON ST
34-832 MICHAEL R PLETCHER 65.66
968 E BLUE HERON ST
34-942 JIM BECK 131.58
1553 E HUNTER DR
34-1172 CARL & DOROTHY QUARNBERG 117.77
2530 N BLACK BEAR WY
34-1178 STEPHANIE KAHLE 87.52
2590 N BLACK BEAR WY
34-1230 BEAU PARENT 77.62
2722 N SNOW GOOSE WY
34-1540 MICHELLE MONTEFERRANTE 58.56
847 E FINCH CREEK
34-1758 KEITH & MIDGE KLINE 124.87
2257 N LARK AV
34-1774 DAVID COOPER 94.79
9'79 E CHATEAU DR
34-1844 STEPHEN BITFFATT 358.52
2092 NE 10TH ST
.
34-1854 WAYNE MCGURER
1011 CLAYBOURNE DR
34-1880 SHANNON JOHNSTON
2062 N LARK PL
34-1888 VICKIE MAR.CUM
2132 N LARK PL
34-1982 RODGER RODRIGIJEZ
958 CLARENE ST
34-2090 PERRY ABBOTT
1041 TAMMY ST
34-2144 THOMAS A SCHRAIVI~
1841 JERICHO RD
34-2766 RICHARD THURBER
1265 E COUGAR CREEK DR
34-2820 LANCE & KELLY ROSS
1281 E RINGNECK CT
34-2842 TIMOTHY & DEBRA ZASPEL
1249 E SHARPTAIL ST
34-3316 STEPHEN & HEATHER STADLER
3112 N SHEEPHORN AV
40-6 WESLEY MUSSER
1683 E SUNIlV~RFALLS DR
40-252 GENE & JULIE AVERY
1711 E SUIVA~IERHEIGHTS DR
42-282 7ERRY & DONNA SLTLLIVAN
2567 E APRICOT CT
42-346 AARON & KATHY JONES
2392 E APRICOT DR
42-348 RANDALL & NLIE PIPAL
2350 E APRICOT DR
•
111.06
107.26
99.88
93.36
132.53
110.87
72.45
65.72
79.19
89.98
82.74
85.23
108.88
89.59
73.99
i •
42-376 ROBERT & TIFFANY WELCH 96.97
2449 E APRICOT DR
42-1836 BUD MONROE 152.49
2167 N DIXIE AV
42-I878 MARK C CAMPBELL-ADAMS 115.60
2072 N SEQUOIA PL
42-1942 JOAN HENDRY 88.45
1925 E MEADOW WOOD ST
42-2284 KENNETH & LAURETT'E WESTBY 74.55
2190 E KATELYN DR
42-2436 TROY HOSKOVEC 168.26
1632 E LOC~IlVIEADOW CT
42-2582 LORRI CHAPMAN 115.06
2542 N MEADOWGLEN
42-2712 JERRY B. KNAPP 108.88
2581 N LAUGHRIDGE AV
42-2740 KEVIN BLAIIZ 91.10
1843 E MEADOWGRASS CT
46-106 DAVID BARNES 44.33
901 N FII,LMORE WY
46-222 KEVIN & LISA MOORE 103.12
3720 E PRESIDENTIAL DR
47-62 JOSEPH LITTLE 63.48
4000 E DRIF'TVVOOD DR
47-66 LBE GUNDERSON 84.95
4031 E DRIFTWOOD DR
50-12 PAUL H. SNIITH 61.24
29 E STATE AV
50-28 RONALD YANKE 145.7b
930 E 1 ST ST
•
50-54 ROBERT BURKETT
221 E STATE AV
50-72 3EROME W ROE
930 E 4TH ST
50-226 JAMES HOWELL
234 E STATE AV & 236
50-262 SCOTT MURI
12 E STATE ST
50-322 CLIFFORD CODE
1028 E 3RD ST
50-354 DENNIS CARSTENSEN
416 E CARLTON AV
50-726 C.F.I. INVESTMENTS
364 E WASHINGTON AV
50-750 LARRY BATES
1328 E 2 1/2 ST
50-1018 JOHN 7ACOBS
1432 E 2 1/2 ST
50-1400 MILTON EHRHART
1404 E 1 ST ST
50-1404 MII,T ERHART
1406 E 1 ST ST SUITE 214
50-1910 GROVER BROWN
1 S78 N PENRITH PL
50-2036 KATHY & GUADALUPE RIVERA
9S7 W WENTVVORTH ST
50-2042 GARRETT LONGSTREET
1390 N STONEHENGE WY
50-2074 TROY BATES
1414 N 5TONEHENGE WY
~
38.16
48.16
131.63
S8.Q6
54.31
84.10
43.31
45.76
92.99
67.31
222.70
88.61
74.79
59.51
74.20
~
50-2096 GEORGE & PATTY JEFFS
1305 N SANDLIN AV
50-2108 GARY & MICHELLE GASELLA
1284 N STONEHENGE WY
50-2122 DANIEL & RENEE COLE
1052 E GRANDBURG CT
50-2302 KENNETH T~DD
1159 E SHELLBROOK DR
50-2410 DAVID & CHARL4TTE REED
1433 N PENRITH AV
50-3724 STEVE MEISTRELL
99S N RALSTIN PL
50-3734 CHERYL CZARNECKI
907 N RALSTIN PL
50-3908 JOHN GRAHAM
1210 N SHIltE AV
50-4478 MICHAEL R COLEMAN
S32 E PINE AV
SQ-4482 JOHNNY & HELEN MYER
526 E PINE AV
50-4638 CHARLES L SMITH
39 E PINE AV
51-50 A.~MYX FAMILY LIMITED
37 E BROADWAY AV
51-306 DAVIEL LLTKE
412 E BROADWAY AV
51-318 JOHN HEATH
336 E BROADWAY AV
51-338 AUDIO ELECTROIVICS
242 E BROADWAY AV
.
65.85
48.16
58.28
155.47
63.20
91.97
96.02
57.45
118.11
80.85
49.39
263.81
49.51
48.16
50.62
~
51-378 HARRY'S BAR AND GRILL
'704 E 1 ST ST
51-482 RICHARD MIJRRAY
319 E IDAHO AV
51-518 KENT
509 E IDAHO AV
51-758 ELITE CLEANERS
140 E IDAHO AV
51-786 SON SHINE INC.
114EIDAHOAV
51-988 W EUGENE STRATE
825 E PINE AV
51-3098 COREY BARTON BUII.DERS
47 E KING ST
51-3104 ANTHONY MOREDA
83 E KING ST
51-3154 CC DONALD & JAZMIN CORNELNS
111E3RDST
51-3320 TIMOTHY P ZIl~IlV~R
234 E 2ND ST
51-3330 KENT WILSON
205 E KING ST
52-150 GARY FORS
52 S MERIDIAN ST
52-170 EARL CORYELL
41 E FRAIVI~I,IN RD
52-1083 DEPARTMENT OF LABOR
2085 E WATERTOWER LN
52-1090 MERIDIAN SPEEDWAY
322 E 1 ST ST
•
389.34
137.64
58.28
331.58
145.84
54.42
48.16
49.39
57.97
72.09
102.17
55.81
48.16
148.92
267.02
•
52-1100 MERIDIAN SPEEDWAY
322 E 1 ST ST
b5-210 STEVE LEWIS
1779 E TIlVIE ZONE DR
65-238 LESLIE WEBER
1740 E TIlVIE ZONE DR
68-86 KENNETH & HEIDI NEIT2EL
2656 S WEBER RAPIDS
69-140 OWEN TENNYSON
1525 E BLIJE TICK ST
69-152 CRAIG NIELSON
1380 E GRIFFON ST
69-180 W WARREN MAYS
1476 E DOBERMAN ST
69-226 KAREN TIMA
2122 S CHESAPEAKE AV
69-498 J4SEPH & KIlV~ERLY ZEHRUNG
1072 E SHEPHERD ST
69-566 LAWRENCE & DEBRA CHURCH
1035 E SHEPHERD ST
69-666 K. DWAYNE & LINDA MOORE
1328 E MASTIFF ST
69-704 RICHARD & LORA DENNING
1317 E MASTIFF ST
69-70b STEVE & WILMA GLASSGOW
1339 E MASTIFF ST
69-1012 RICHARD JOHNSON
960 E KINGSFORD DR
69-1304 KENNETH WILDE
2508 S ABACO SY
.
484.47
64.71
63.20
86.46
60.74
118.05
48.16
74.83
38.16
94.23
86.57
187.49
101.89
263.69
128.73
•
69-1620 MICHAEL L BACHMAN
1836 SE STH WY
69-2298 DIANE LANG
1895 S MARSHWOOD PL
74-372 LAURA YELTON
673 FULMER CT
74-386 AARON HAWLEY
676 FULMER CT
74-1032 BRADY C MICHAELSON
46 ROSE CL
74-1056 CC SANDRA HINZ
22 ROSE CL
74-1082 HAROLD & L~IS MCKEAN
17 ROSE CL
74-1084 EDWARD & MADORA NEALE
102 W 1 ST ST
74-1104 DONNA WIEBER
37 ROSE CL
74-1273 LEE CENTERS
353 MERIDIAN RD SPRINKLER
74-1458 ARTHUR BERRY
153 LYNWOOD CL
74-2330 LEE & KARI WASSON
153 LYNWOOD CL.
74-2332 RAYMOND B4BK0
173 LYNWOOD CL
74-2596 SOrTI STARR
375 S PENNANT PL
74-2612 ALVIN IRBY
1001 W KIMRA ST
.
121.85
112.68
52.46
84.49
57.05
48.16
115.37
115.03
51.85
72.00
63.60
63.60
139.52
67.26
64.93
• •
74-2614 MICHAEL MACKRII.L 161.10
989 W KIMRA ST
74-2628 JEANNiEBOB/MARTHA HII..LMAN 92.05
30I S OLJTFIELD WY
74-2676 RICHY & KAREN BAIRD 154.06
292 S OUTFIELD WY
74-2680 KARL WII..LIAMS 78.80
250 S OUTFIELD WY
74-2728 DEBRA OGDEN 119.00
1112 CRESTWOOD DR
74-2746 JOHN & KATHY FRENCH 75.84
1298 W CRESTWOOD DR
74-2822 KENNETH BARR 223.72
1421 W CRESTWOOD DR
74-2824 CARROL & ALICE LEE 69.07
1411 W CRESTWOOD DR
74-2844 ANDREW & SLTE HIGINS 57.35
461 S SPOONBILL AV
74-2850 JAMES G CHEESBROUGH 157.86
519 S SPOONBII.L AV
74-2896 LORAINE & CHARLES PERKINS 79.08
1520 VV MERGANSER DR
74-2928 ARLIN D. SMITH 70.60
1322 W PINTAII, DR
74-3086 DAN & SHANNA RAINES 50.62
600 S PELICAN WY
74-3216 STEVEN & RITA WTLLACY 73.60
926 W GREENHEAD ST
74-323$ DEBRA RULE 72.37
1134 W GREENI-~AD DR
~ •
74-3244 RICHARD & TERESA SARGENT 175.75
447 S PELICAN WY
74-3248 RICHAR.D & KELLEY GARNER 91.38
495 S PELICAN WY
74-3252 COREY KOEPPLIN 101.99
54? S PELICAN WY
74-3270 JERRY & NONA SMITH 95.63
556 S CANVASBACK WY
74-3580 MICHAEL W BAKER 55.82
1049 W WALTMAN DR
74-3588 ERIC BRAINARD 63.19
969 W WALTMAN DR
74-3820 KARI MORiSSETTE 49.39
1126 W WALTMAN DR
74-3960 BILL SHERARD 107.37
1363 W WALTMAN DR
TOTAL TURN OFF 350 AM~jJN'I' $ 32,960.43
, ~ •
10/00/95 235 $26,917.96 64 $6,695.95
11/15/95 181 $21,043.78 35 $4,271.74
12/13/95 267 $25,869.42 54 $12,519.57
2J17/96 246 $18,874.87 68 $5,347.35
3/13/96 258 $19,934.89 38 $3,154.20
4/10/96 262 $21,055.55 58 $4,701.91
5115/96 196 $16,980.06 38 $2,713.32
6/12/96 263 $19,527.28 45 $3 291.76
7/10/96 217 $16,444.58 64 $5,610.89
8/7/96 137 $13,860.Q7 98 $9,750.27
9/4/96 142 $16 315.14 96 $10,800.74
10/1/96 173 $20,416.27 138 $16,339.93
11/6/96 225 $26,517.16 65 $7 815.25
12/3/96 364 $40,442.27 87 $9,014.00
1/7/97 254 $14,513.21 114 $10,116.82
2/4/97 3~9 $27,739.74 87 $7,711.27
3/4/97 377 $34,112.56 74 $6,727.97
4/1/97 424 $37,234.43 93 $8,140.86
5/6/97 281 $21, 753.58 88 $7, 585.18
6/3l97 308 $28,882.56 58 $5,185.00
711197 350 $32, 960.43
~
MERIDIAM CITY COUNCtL MEETING:
~
~
7'"~'~7
APPUCANT: ~~~ C~ `~'~ re~~"'~ AGENDA ITEM NUMBER: #(~
~~ ir~ ~ev.e,~o,~rke.`~f
REQUES'f: --~Q GG~ /l.e c!~ l~Z~ C~~~-P/L/L~/I ~~ # S
AGENCY COMMENTS
CITY CLERlC: ~~i~C ~L a~ rc e rn e,wt-
CITY ENG~lEER:
CITY PLAP+~IING DIRECTOR:
CITY ATT~DFtNEY:
CtTY PQi.~CE DEPT:
C1TY FiRE DEPT:
CITY BUt~.DiNG DEPT:
MERIDIAN SCH~OL DISTRICT:
MERiD1A1V POST OFFICE:
ADA COLiFVTY HIGHWAY DiSTRtCT:
ADA COU~TY STREET NAME COMMITTEE:
CENTRAL~ISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS lRRIGATION:
IDAHO ~91VER:
US WEST:
lNTERMC)I~VTAIN GAS:
BUREAU OF RECLAMP-TION:
OTHER: ~
~ •
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CiTY OF MERIDIAN and
Steiner Development, L.L.G. pertaining to the street lights in The Lakes at Cherrv Lane # 5, a
residential deveiopment in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the parties
agree as follows:
1. Steiner Development. L.L.C. has provided ei ht 8 street lights poles, concrete pole
bases, fixtures, bulbs, and ballasts to the residentia! development known as The Lakes at
Cherrv Lane # 5, Meridian, Idaho. the parties acknowledge that the ei ht 8 street light poles
and fixtures were specia!!y ordered items, not customarily used in residential developments.
2. Steiner Development, L.L.C, or its assigns, agree to replace, repair and provide any
required maintenance of any of the above mentioned street lights, globes, ballasts, and/or
components thereof, that may hereafter be broken, damaged, or deteriorated, or require
maintenance, at its own expense; and it is further agreed that Steiner Development, L.L.C., or
its heirs, successors and assigns, shall keep the lights operational at all times, it being
understood by the City that globes, and/or ballasts, do bum out and that the City will a
reasonable time to replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the ei ht 8 street lights located in The Lakes at Cherrv Lane # 5 in the usual and
customary manner.
4. It is agreed that City of Meridian, because Idaho Power Company will not maintain the
globes and ballasts o~ provide any maintenance, will enter into a Schedule 40 Agreement with
Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that
Idaho Power would provide maintenance, globes, and ballasts. It is also agreed that lighting
served under the Schedule 40 Agreement must be controlled by a photo electric device of the
"fail safe" type.
5. It is understood and agreed that Steiner Deve(opment. L.L.C. will assign its rights and
obligations hereunder to The Lakes at Cherrv Lane Homeowne~'s Association when said
Homeowner's Association is formed and operational.
6. Ttiis AGREEMENT shalt be binding on Steiner Development, L.L.C. its heirs,
successors and assigns, and the City of Meridian.
STREET L.IGHT AGREEMENT Page 1
~
~
DATED This 30th day of June , ~g97 .
CITY OF MERIDIAN, a municipality and
political subdivision of the State of Idaho
BY
Robert Corrie, Mayor
ATTEST:
City Clerk, William G. Berg, Jr.
Stei eve ment, L.L.C.
/
BY ~
ATTEST: ~ g Ca~bell, V.P.-Project Manager
Secretary
STATE OF IDAHO,
County of Ada
ss.
On this day of , 19_, before me, the
undersigned, a Notary Public in and for said State, personally appeared Robert Corrie, Mayor
and William G. Berg, Jr. of the CITY OF MERIDIAN, a municipaliry and political subdivision of
the State of idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who
subscribed their names to the within and foregoing instruments in their capacity as Mayor and
City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF
MERIDIAN.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR lDAHO
(SEAL) Residing at Meridian, Idaho
Commission Expires: / / /
STREET ~IGHT AGREEMENT Page 2
. •
STATE OF iDAHO, )
: ss.
County of Ada )
On this ~o'~h day of ~ u~~ , 19yZ, before me, the
undersigned, a Notary Public in and for said tate, persona(ly appeared ow ., 6 e! 1
, known to me to be the _~ ~ •~ ~ ~ of Steiner Development,
L.L.C. who subscribed this name to the within and foregoi instrument and acknowledged to
me that he executed the same on behalf of said Corporation
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
. ;-;
(SEAL)
~~~.~~~~~~,,,, - -
,~~~.~~~ ~ L . ~ A•.o,~ ~ .~`: ;;
~ oQA90~p0 -7 '~
~.~ ~. . ~" °•~ J' '~
~ ~`" "~ ~ :
= ~ ~ za~~ ~ ~~' ~y =
_ ~ ~ ~ ~~.
"~ o ~~ ~~ ~ :
. ~ ,
., ~,
~"'- s~,~~.y..~°~,~~ :
~~ ~ ~~ -~
`''~~•,~ nF,..•-~''t
tY PUBLlC FO~IDAHO
Residing at Meridian, Idaho
ssion Expires:o~/az/Y9/
STREET LIGHT AGREEMENT Page 3
i •
B$FORS TSS NBRIDIAI~ CITY COtJ~CIL
D71RRl~LL DONOVA~i/DOMOVAN HItOTHERB CO~..~tC~~+ CO~STRUCT,~,OIt
APPI.ICATION 1~OR CO~iDITIO~ U88 P8RILIT FOR
TRUCKIlTQ TERI~LII~AL 1PITS CFlICS
8A8T PI~ STREBT AIiD ~ORTH ~CUST ~3ROV8 ROI1D
MEI~DIAIII~ IDAHO
FI1~DI~C~B OF P'ACT ]11~D CO~CLUSIOI~B OF LAi1
The above entitled conditional use permit application having
come on for public hearinq on June 10, 1997, before the Planning
and Zoninq Com~nission and before the City Council, on July 1, 1997,
at the hour of 7:00 o'clock p.m., the Applicant appearinq throuqh
its representative, Richard Halster, the Planninq and Zoninq
Conrmission of the City of M~ridian havinq duly considered the
evidence and the matter makes the folZoaring Findings of Fact and
Conclusions of Law:
!'I~DII~GS OF l~'ACT
1. A notice of a publia hearing on the Conditional Use
Permit was publiehed for two (2) coneecutive weeks prior to the
said public hearinq scheduled for June 10, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 10, 1997 hearinq;
that the public wae given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. This property is lxated within the City of Meridian.
The Applicant is not the owner of the property. The owner of the
FI1~DIlfOS3 OF FACT A1~D CO~CI+USIONS OF IJ-N PAGE - 1
• w
property is YANKS/TRICON, L.L.C. and it hae consented to the
application for the conditional use permit.
3. Pursuant to the application, the request is for a
conditional use permit for a truckinq terminal with an attached
office and a future detached maintenance shop lxated on the
southern portion of the property. Future expansion of the trucking
terminal will occur to the weet. The no=thern portion of the
property will remain undeveloped and reserved for development in
the future. The Applicant agrees to pay additional sewer, water or
trash fees or charqes assxiated with the proposed use of the
property.
4. The property is currently zoned (I-L) Light Industrial.
Pursuant to the ordinance adopted to annex and zone the property,
the p=operty can only be developed as a connnercial planned
development or under the conditional use permit process.
Therefore, pursuant to the ordinance adopted for the annexation and
zoning of the property, a conditional use permit for a trucking
terminal with an attached office and a future detached maintenance
shop located on the southern portion of the property would be and
is required.
5. The ( I-L) Light Induetrial is described in the Zoning and
Development Ordinance at Section 1I-2-408 B. 14. a~ followss
~I-Lj Liaht I~bduetrial: The purpose of the (I-L) Light
Industrial Digtrict is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encouraqe the
development of manufacturing and wholesale establishments
which are clean, quiet and free of hazardous or
FI~DI1iC~S OF FACT A11D COlTCI.USI01R8 OF LAN PAt3E - 2
C~
~
objectionable elementa, such as noi~e, odor, dust, smoke
or qlare and that are operated entirely or almost
entirely within enclosed structures; to delineate areas
best suited for industrial development becau~se of
location, topoqraphy, exie~tinq facilities and
relationship to other land uses. This district must ale~o
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the City of
l~teridian. Usee incompatible with light industry are not
permitted, and strip development is prohibited.
6. Conditional Uee Permit is defined in the Zoning and
Development Ordinance as follows: "Permit allowing an exception to
the uses authorized by this Ordinance in a zoning district."
7. The p=operty is lxated at the intersection of North
Locust Grove and East Pine Street, Meridian, Ada County, Idaho.
8. The Applicant~s rep=esentative, Richard Haleter,
testified subetantially a8 fo2lowa. The Applicant proposea to
build a fr~iqht terminal for Oak Sarbor Freight Lines. Oak Harbor
Freight Lines is Ixated in Boise, Idaho, and is a family owmed
business. It has 14 employees, eight of whom are truck drivers at
their local terminal. The Applicant will voluntarily widen the
road at the intersection of Nola Street and Franklin Road. The
Applicant will pay the cost to upgrade a ten inch water line to a
12 inch water line. According to Raren Gallaqher of the Ada County
Sighway District, the roads are adequate for the truck traffic
created by the proposed terminal. The buildinq of the proposed
terminal is to be metal, with a 2,000 square feet of office and 20
truck doors. The Applicant will plant 116 three inch [caliper]
trees around the prope=ty to screen the property.
9. In reapon:e to the queatione of Commieaione~ MacCoy, the
g,INDI~i~B OF F]-CT~ COpfiLUSIONB OF I~A~ P,~1G8 ~ 3
~
Appliaant's representative,
~
Richnrd Balster, testified
subetantially as follows. The hours of operation of the truck
terminal approximately 4:00 a.m. to 7:00 p.m. The trucks leave the
terminal are between 7:00 a.m. and 8:00 a.m. and return later in
the day. Occasionally, one or two trucks will make two trips
during a day.
10. Connaissioner MacCoy commented that the traffic from the
trucke is a concern of the Commiesion due to the R-4 zoned
residential district in close proximity to the property. In
response the Applicant's representative testified that the trucks
will travel from the interstate to Franklin Road, north on Lxust
Grove Road to the prop~rty. The trucks will not travel to Fairview
Avenue. The reason the Applicant is widening the road is to
provide a better turning area and acceee to the interstate from the
property.
11. Connaissioner MacCoy comm~ented that he is concerned with
the noise and ~umes generated from the trucks. In responae the
Applicant's repreeentative tegtified that there exists only one
house across the street from the p=operty, and th~ trucks meet all
EPA [Lnvironmental Protection Agency] regulations. The Applicant
i$ also providinq 116 trees to screen the property from the
surrounding properties. The trees will be the only sound barsier
provided.
12. In responae to further questions Comanissioner MacCoy, the
Applicant's repres~ntative, Richard Balster testified substantially
as follows. The business for whom the Applicant is con$tructinq
FINDIl~t~B OF !'ACT A1~D C~ CLUS O~8 OF I~A1'1 ~AGB - 4
• !
the truck terminal plans a future maintenance shop for the trucks.
The maintenance of the trucks will be performed from 8:00 a.m. to
5:00 p.m. The maintenance will be perforaied inside the maintenance
shop, which will, be insulated. The maintenance of the trucke will
not include painting of the trucks or similar types of maintenance.
The maintenance will entail changing tires, oil and miscellaneous
repaire. The truck terminal iB principally n cross dock facility.
The freiqht is delivered to the tenai.nal at niqht and is shipped in
the morning.
13. In response to questions of Comntiasioner Smith, the
Applicant's representative, Richard Balster, testified
substantially as follows. The Applicant has spoken with a school
administrator, Chuck Lee, concerning the future school across from
the property. According to the school adminiatrator, the proposed
truak ternu.nal does not present a problem to the echool district.
Com~nissioner Smith commented that the close proximity of the future
t~chool and the truck terminal present a concern to him.
14. In response to further questions of Commissioner Smith,
the Applicant's repreeentative, Richard Balster, testified
substantially as #ollows. With regard to road improvements, the
Applicant will add a left hand turn lane on Franklin Road to allow
the trucks to turn from Franklin Road onto Locust Grove Road. The
Applicant is widening the rond to crente a left hand turn lane in
the middle of the road. This turn lane will also benefit the
school buses turning onto Locust Grove Road. The Ada County
Highway District indicated that a signal liqht would not be
P'I~DIl~aB OF FACT AND COIICLLI$YOI~S Ol~ I~,A11 PAGE - 5
~ ~
required or necessary at the intersection of Franklin Road and
Locust Grove Road based upon the proposed t=uck terminal.
15. Commissioner Smith commented that he doea not lika the
idea of the building being constructed of inetal sidinq. In
response, the Applicant's representative, Richard Halster,
teatified that the proposed building is very Similar to ather
existinq buildinqs to the east of the property.
16. In response to further questions of Conuai.ssioner Smith,
the Applicant's representative, Richard Balster, testified
substantially as follows. As depicted on the elevation schematic
of the proposed building, the ridge of the roof is 17 feet hiqh,
and the dark line below the ridge of the roof is the eve line. The
three boxes on the elevation schematic depict windows. The
landscapinq atrip along Lxust Grove Road will be 10 feet in width.
Commis8ioner Smith coannented that a berm alonq Lxust Grove Road
would alleviate some of the noise c~enerated from the proposed truck
termina~. The Applicant's repregentative further testified, with
regard to the setback along Locust Grove Road, thnt the propoeed
setbacks have been approved by City staff and the Ada County
Highway District. Further, the property remains appropriate and
function for the ].ocation of the truck terminal with an oftice
despite the future wideninq of Locust Grove Road. Fuel for the
trucks is not presently planned to be stored at the property. The
fuel will be transported to the property to fuel the trucks;
however, a permit may be sought in the future for underqround fuel
staraqe.
F I1tD I I~GS QF FAC'.~ ~11iD CO~CLUS I OIRS OF L~111 PAC~~E - 6
! ~
17. In responae to questions of Conmtiasioner Manning, the
Applicant'e representative, Richard Balster, testified
substantially as follows. Initially, the truck terminal will
operate with eight drivers and trucks. The truck terminal will not
increase traffic by 600 units per day. The business may qrow in
the future, but the growth would not likely create an increase of
traffic to 600 units per day. The truck traffic will move along
Locust Grove to Franklin Road, and either weat or east on Franklin
Road to the interstate. The bulk of the truck traffic will travel
west on Franklin Road.
18. There was discussion and comment between the Applicant's
repreBentative, Richard Baleter, and the City staff concerninq the
co~ents submitted by the Assistant to the City Engineer, Bruce
Freckleton, and the Planning and Zoning Administrator, 3hari
Stiles. Included in the discussion and commaent were the particular
sewer main to which the property was to connect and dedication of
right-of-way along adjacent roadwaya~ prior to submission of nn
application for a building permi.t. The Applicant seeks to eonnect
to the sewer main which is closest in proximity to the proposed
facility. Further, the Applicant desires to be able to secure a
building permit and proceed forward with the proposed facility
prior to the dedication of the required right-of-ways. The
Applicant bases this later request on the fact that it does not
pre~ently know the epecific location for the dedicated riqht-of-
ways, and may not know in the near future. It is awaitinq such a
determination by the Ada County Highway District. The Ada County
~'INDIl~L~B OF FACT 71~D CO~iCLUSI0~8 OF T.AI~ PAt~S - 7
• •
Hiqhway District has not presently given the Applicant a time frame
for when that determination will be made.
19. Morten Awes, another representative of the Applicant,
teatified substantially as follows. With regard to sound barriers,
the prevailing winds are from the northwest, which helps mi.tigate
some of the problem with potential noise and fumes from the
proposed truck terminal. He spent a great deal of time with Chuck
Lee, the Director of Operation and Maintenance of the Meridian
School District, with regard to the new school in close proximity
to the property. Based upon plans received from Mr. Lee, the
Meridian School District plans seven portable classrooms around a
cuZ-de-sac driveway. The location of this school site is north of
Pine Street on the other side of Hi-Micro Toole, and quite a
distance from the property.
20. In response to a com~nent of Commissioner Smith, Mr. Awes
atated that he may be in error as to the location of the future
school. However, Chuck Lee had indicated that the p=oposed truck
terminal was not a problem to the Meridian School District, because
the trucks wou],d enter the property on the southern moat portion of
the property. Chuck Lee also indicated that the lxation of the
future school next to a light industrial zoned area does not
present a problem.
21. Karen Gallagher of the Ada County Sighway District
testified sub$tantially as fallows. The City staff has taken a
different approach to the dedication of riqht-of-ways. The Adn
County Bighway Dietrict is not presently requiring riqht-of-way
FINDI~1t~8 OF FIICT AI~D CO~CLU8IOII8 OF LAi~i PAdE - 8
~ •
alonq Pine Street. The propoeed development does not abut Pin~
Street; therefore, it i~s not requirinq the dedication of right-of-
way along Pine Street. The Ada County Highway Diet=ict does not
presently want to expend funda to acquire such right-of-way. She
would recom~aend that the dedication of =ight-of-way alonq Pine
Street not be included as a requirement for the approval of this
application. With regard to Locust Grove Road, the Ada County
Highway Dietrict requires additional right-of-way for the new
Locust Grove Road, and it is requestinq a dedication of the
additional right-of-way along the portion which is presently
proposed for development.
22. In respons~ to a question of Comm3.ssioner Smith, Ms.
Gallagher further teetified substantially as follows. The plan
shown for the widening of the intersection at Franklin Road and
Lo~ust Grove Road was not part of the development services
requirement. The Applicant has been concerned about its trucks
turninq at the intersection of F~anklin Road and Locust Grove Road,
and the Applicant is working with another part of the Ada County
Sighway District to alleviate its concerns. Accordingly, to her
knowledge no additional right-of-way is needed by the Ada County
Hiqhway District for the truck turn at the intersection.
23. The Assistant to the City Enqineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
com~nents which are incorporated herein ae if set forth in full.
Their comments included, but are not limited to, the followinqs
a. This parcel wae recently split from a 20 acre
lINDI31a8 OF FIlC~ AND COl~CLUSIO~18 O~'' I,~ PAaB - 9
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parcel. Any further subdivision will require that a plat
be prepared for approval by the City of Meridian and
recorded. Al1 coanaents are to be considered as applyinq
to the entire ten acre site, with no phasinq of
improven~nts unless the City Council approves such
phasing;
b. Any existinq irriqation/drainage ditches crossinq
the property to be included in this project shall be
tiled per City ordinance Section 11-9-605 M. Plans will
need to be approved by the appropriate
irrigation/drainage district or lateral users
association, with written confirmation of said approval
eubmitted to the Public Works Department. No variances
have be~n requested for tiling of any ditches croseing
this project;
c. Any existinq domestic wells and/or septic $ystems
within this project will have to be removed from their
domestic service per City ordinance 3ection 7-517. Wells
m~ty be used for non-domestic purposes such ae landscape
irrigation;
d. Five feet wide sidewalks are to be built alonq the
entire east property boundary of the parcel. Ada County
8ighway District ie not requirinq construction or bonding
of any improvements on Pine Street;
e. Water service to this project is contingent upon
positive reaults from a hydrnulic analysis by the City's
computer model;
f. The Applicant is to coordinate fire hydrant
placement with the City of Meridian's Water S~orks
Superintendent, Fire hydrant locatione shall be depicted
on the preliminary plat map;
g. The City of Meridian owns and maintains a 15 inch
diameter sanitary sewer main adjacent to the north of
this property in Pine Street. Service lines to the ~ite
shall be reviewed during the plan review prxess. The
treatment capacity of the Meridian Waetewater Treatment
Plant is currently beinq evaluated. Approval of this
application needs to be contingent upon the City's
ability to accept the additional sanitary sewaqe
generated by this project;
h. The City of Meridian owns and maintains ten inch
diameter water mains in Pine Street and Locust Grove
Road. Service lines to the site shall be reviewed durinq
the plan =eview p=ocess. The City of Meridian desires to
1~I~I~(~8 Ol~ FACT 7~iD Cf~CLU8I0118 OF LA1~P PAd$ - 10
i •
have a 12 inch diameter water main extended frrna Pine
Street to the Oregon Short Line Rai].road in the futura
Locust Grove extension. This development will be
required to pay its proportionate share of the main line
extension cost. The Applicant should post a surety with
the City of Meridian for its share of the extension cost;
i. The Applicant'~ representative has submitted one
copy of a revised site plan that ehowe a 58 feet riqht-
of-way dedication south of the mid-section line on Pine
Street and hand-drawn lxations of 116 three-inch caliper
trees. Detailed landscapinq plans will be required of
any buildinq permit application. A landscape architect
should varify that trees selected will be able to thrive
at 20 feet o.c.
j. The site plan does not show the location of
utilitiee. The site plan needs to be revised to ehow the
lxation of all utilitiee;
k. To be consistent with the adjacent Re-il~ide
Industrial Park, and because Pine Street is designatad as
an entrance corridor in the Meridian Comprehensive Plan,
a minimum 20 feet wide landsaape setback should ba
provided on Pine Street. A pZanting strip ten feet in
width should be provided on Nola and the future Locust
Grove Rond;
1. The Applicant is to dedicate required right-of-way
for all streeta (Pine, existing Loaust Grove, and new
Locust Grove) abutting the ten acre parcel prior to
submittinq an application for a building permit. The
Applicant is to submit copies of warranty deeds for said
riqht-of-ways to the City Clerk'e office;
m. The traffic i.mpacts of this project, at least in the
short-term, will be significant. Franklin Road at Lxust
Grove is already heavily impacted by existing school bus
traffic. This site is directly west of the recently
approved Meridian Middle School Academy. Until Pine
Street and Lxust G=ove Road are extended, this project
will undoubtedly cause se=ious traffic congestion in the
nrea;
n. Assessment feea will be determined during the plan
review prxess. The Applicant will be required to enter
into an assessment agreement prior to obtaininq a
buildinq permi.t;
o. Outdoor atorage of equipment and materials will
require that a suitably desiqned screen be aonstructed;
F,~NNDI~(~S OF Fl-C~ ]IND COI~CLUSIOl18 OF L~1-lt PAG~E - 11
•
•
p. Underground ~prinkling of landscaping via a
pressurized irrigation system is to be provided to all
planting areas;
q. The Applicant shall obtain a Certificate of Zoning
Conipliance prior to applyinq for building permite, and
the Applicant shall obtain a Certificate of Occupancy
prior to opening for business;
r. All signage shall be in accordance with the
standards set forth in Section 11-2-415 0# the City of
Meridian Zoninq and Development Ordinance. All siqnage
shall receive design approval of the Planning and Zoninq
Department. A-frame and other temporary signs will not
be permitted and will be removed upon three days notice
to the Applicant. Sign permits are needed for all
signage. The Applicant'a representative has stated that
no signage is desired;
s. Handicap parking, assxiated signage and building
construction shall meet the requirements of the Ame=icana
with Disabilities Act (ADA), and all required Uniform
Codes;
t. Screened trash enclosures are to be provided in
accordance with City ordinance. The Applicant is to
coordinate dwnpster site lxations with the City's solid
waste contractor, and lxate dumpsters so as not to
impede fire access;
u. All driveway and parking areas ~hall be paved, with
all driveway accesses approved by the Ada County Sighway
District. Graveled driveways, parkinq and access are
unacceptable. A drainage plan desiqned by a state of
Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer with calculations
for all off-street parkinq areas. All site drainage
shall be contained and disposed of on-site;
v. The Applicant ia to determine the seasonal hiqh
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with the development plans;
w. The Applicant is to provide parking lot lightinq
plans to the Meridian Public Works Department.
Illumination of the site ghall be designed so as npt to
cause glare ar to impact adveraely neighboring
residential properties, ae determined by the City of
Meridian; and
FINDI~~iS OF F]1CT 7-ND CO~TCLUSI01i8 Ol~ LA11 PA~38 - 12
~ •
x. The conditional use permit shall be subject to
review upon ten days notice to the Applicant.
24. The Ada County Highway District submitted commente, and
such comm~ents are hereby incorporated herein as if set forth in
full. Its comm~ents included the following:
a. The Applicant is to dedicate 60 feet of right-of-way
from the property, which is 48-feet of right-of-way from
the ultimate centerline of new Locust Grove Road abuttinq
the parcel's west property line, by means of recordation
of a final subdivision plat or execution of a warranty
deed prior to issuance of a buildinq permit or other
required permits, whichever occura first. The owner will
be compensated for this additional =ight-of-way from
available impact fee revenues in this benefit zone. If
the owner wishes to be paid for the additional riqht-of-
way, the owner must submit a letter of application to the
impact fee administrator prior to breaking ground, in
accordance, with Section 15 of ACHD Ordinance ~188;
b. The Digtrict will require a dedicntion of additional
right-of-way abutting Pine Street when a development
proposal is received for the northern portion of the
property;
c. The Applicant is to construct 400-feet of curb,
gutter, five feet wide concrete aidawalk and pavement
wideninq to a 41 feet street section on existing Lxust
Grove Road abuttinq the parcel prior to District approval
of the final plat, issuance of a building penait, or
other required permits, whichever xcurs first. The
Applicant is to coordinate the etreet plans with District
staff to determine the centerline usinq the existing curb
and qutter on the east side of existing Locust Grove Road
slightly south of the property;
d. When new Locust Grove Road is improved in the
future, the Applicant may access the new roadway with two
driveways. The northern driveway shall be a minimum of
220 feet and a maximwn of 240 feet south of the north
property line, as measured from the future back of the
curb on Pine 3treet and the near edqe of the driveway.
This driveway may be restricted to riqht turns only in
the future . The southern driveway ahall be lxated a
minimum of 440 feet south of the north property line and
a minimum of 30 feet north of the south property line.
Both driveways shall be constructed as 30 to 40 feet wide
curb return driveways with 15 to 20 feet curb radii;
FI~DII1~8 OF !'71CT 11~D COI~CLU8~0118 OF L~111 PAdg - 13
• •
e. If the Applicant proposes to access new Locust Grove
Road prior to tha District constructing it, the Applicant
shall pave the road a minimum of 28 feet wide from Pine
Street to the driveway from Pine Street to the requested
d=iveway and inetall pavement tapers nt the driveways
with 15 to 20 feet =adii;
f. The Applicant is to construct the southerly driveway
ae a 30 to 40 feet wide curb cut driveway on existinq
Lxust Grove Road to aliqn with the previously approved
driveway on the east side of ~xiating Lxust Grove Road,
approximately 30 feet north of the south property line,
which may be lxated six feet offset from the centerline
of the driveway on the east. The northerly driveway
shall be constructed as a 30 feet wide curb cut driveway,
lxated approximately 300 feet north of the south
property line, aligning with the previously approved
driveway to the east. Both of the driveways shall be
improved with pavement tapere having 15 to 20 feet radii;
q. The Applicant is to pave all driveways their full
required width to a least 50 feet beyond the edge of
pavement of all public roads;
h. The Applicant iB to provide a$3,400.00 depoarit to
the Public Riqhts-of-Way Truat Fund for the coet of
conatructing a five feet wide sidewalk on the new Locust
Grove Road abutting the parcel, app=oximately 400 feet,
prior to the issuance of any required permits or District
approval of a final plat, whichever occurs first;
i. The Applicant is to lxate any qated entries a
mi.nimum of 100-feet back of the public right-of-way;
j. The Applicant is to provide a recorded cross accese
easement for the parcele to the north to use the property
for acceas to the public streets prior to issuance of a
building permit or other required permi.ts;
k. Utility $treet cuts in new pavement less than five
years old are not allowed unless approved in writinq by
the District;
l. As required by Diatrict policy, restrictions on the
width, number and locations of driveways, ahall be placed
on future development of this parcel;
m. Other than the access point(s) specifically npproved
with this application, direct lot or parcel access to the
new Locust Grove Road is prohibited; and
FINDII~GB OF F~CT 7t~i'D COIICLUSI01~8 0!' L~1P PAC#8 - 14
• •
n. Other than the access point(s) specifically approved
with this application, direct lot or parcel access to the
existing Locust Grove Road is restricted.
25. Central District Health Department, submitted comments,
which com~nents are hereby incorporated herein as if set forth in
full. Its comments included the followinq:
a. After written approval from appropriate entities are
submitted, it can approve thie propoeal. for central
sewage and central water;
b. The plans for central sewaqe and central water must
be submitted to and approved by the Idaho Department of
Health and Welfare and the Division of Bnvironmental
Quality;
c. Runof f is not to c=eate a mosquito breeding problem;
and
d. Stormwater run-off should flow into a g=assy swale
before discharging to the subsurface.
26. The Meridian City Police Department submitted comments,
which comments are hereby incorporated herein as if set forth in
full; Locuet Grove Road from Pine Street to Fairview cannot handle
the type of traffic generated.
27. The Meridian Fire Department submitted comments, which
connnents are hereby incorporated herein as if set forth in full; as
lonq as all codes, w~ter supplies and hydranta are met, it will
have no objection to the proposed use; and fire sprinklers may be
required due to the water flow in the area.
28. The Meridian Sewer Department may aubmit comanents, and
such connnents shall be incorporated herein as if set forth in full
when submitted.
29. The Nampa & Meridian I=rigation Diatrict submitted
FI1~DI~ OF FI1CT I-ttD COIiCLUSIO~iB OF LAi1 PAC~E - 15
~ •
connnents on th~ subject application, which comments are hereby
incorporated herein as if set forth in full. Its com~nents included
the followinq:
a. The District requires a Land Use Chanqe/Site
Development application be filed for review prior to
final platting;
b. All laterals and waste ways must be protected;
c. All municipal surface drainaqe must be retained on-
aite;
d. If any surface drainaqe leaves the site, the
District must review drainage plans;
e. The Applicant must comply with Idaho Code Section
31-3805; and
f. It ia recommended that irrigation water be made
available to all developmenta within Nampa & Meridian
Irrigation District.
30. There were no further coannents or testimony given at the
hearing.
coacLVS=o~s oF Lnx
1. All the prxedurnl requirements of the Local Planninq Aat
and of the Ordinances of the City of Meridian have been met
including the mailing of notice to owners of property within 300
feet ot the external boundaries of the Applicant's property.
2. The City of Meridian has authority to qrant conditional
uses pursuant to 67-6512, ~daho C e, and, pursuant to 11-2-418 of
the Revised and Compi~.ed Ordinances of the City of Meridian.
3. The City has the suthority to take judicial notice of its
ordinances and proceedinqs, other governmental statutes and
FII~DIN~fB OF FACT A11D COIiCI.USIO~IB OF LAI~T PAGB - 16
• •
ordinances, and of actual conditions existinq within the City and
state of Idaho.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
67-6512, Idaho Code, and pursuant to that section conditions
minimizing the adverse impact on other development, controllinq the
duration of development, as$uring the development is maintained
properly, and on-e3te o= off-site facilities, may be attached to
the permit; that 11-2-418 (D) authorizes the Citg to prescribe a
set time period for which a conditional use may be in existencs.
5. Section 11-2-418 D. states a$ follows:
In approving any Conditional Use, the Com~ission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with thi: Ordinanae. Violationa
of such conditions, bonds or safequards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance nnd grounds
to revoke the Conditional Use. The Com~aission and
Council may prescribe a set time period for which a
Conditional Use may be in existence.
6. The Commission has judqed this application for a
conditional use upon the basis of guidelines contained in Section
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian and upon the baeis of the Local Planning Act of 1975,
Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City
of Meridian, and the record submittad to it and the thinqs of which
it may take judicial notice.
7. 11-2-418 C of the City of Meridian Zoninq and Development
Ordinance eets forth the standa=ds under which the Planninq and
Zoninq Commission and the City Council shall review applications
FI~DI~~38 OF FACT A~1D C0ITCLUSIO~iB OF ~T.l~,i~i PA~ - 17
• !
for Conditional Use Permi.ts. Upon a review of those requirementa,
the facts presented and the conditions of the area, and a$euminq
that the above conditions or $imilar ones thereto would be attached
to the conditional use, the Planninq and Zoning Commn~.esion
concludes as follows:
a. Pursuant to the ordinance adopted to annex and zone
the property, the property can only be developed as a
coma~rcial planned development or under the conditional
use permit process. Therefore, pursuant to the ordinance
adopted for the annexation and zoninq of the property, a
conditional use permit for a trucking terminal with an
attached office and a future detached maintenance shop
lxated on the southern portion of the property would, in
fact, constitute a conditional use and a conditional use
permit would be required by ordinance;
b. The use would be harmonious with and in accordance
with the Comprehensive Plan and the Zoning Ordinance;
c. The uae is designed and is, apparently, to be
constructed so as to be harmonious in appearance with the
character of the qeneral vicinity. If the condition: set
forth herein are complied with, the use should be
operated and maintained to be harmonious with the
intended character of the general vicinity and should not
change the essential character of the area;
d. The use would not be hazardous nor should it be
disturbing to existing or future neighborinq uses if the
conditions are met; however, traffic may increase, but
with the future improvements to Locust Grove Road and the
development having vehicular approaches to the property
that will be designed to decrease interference with
traffic on surroundinq public streets, such increase in
traffic should not create a problem;
e. The Applicant shall be able to provide adequately
for the essential public facilities and services such as
streets, police and fire protection, drainaqe structur~s,
=efuse dispoaal, water and sewer, but Applicant may have
to pay additional fees for the use;
f. The use would not create exceseive additional
requirement~ at public cost for public facilities and
,aervice~ and the uee would not be detrimental to the
economic welfare of the community;
FINDI1t~3S OF Fl-CT AItD C011CLUSIOltB OF LA11 PAG~E - 18
1
J
g. If the conditions
involve a use, activity,
conditions of operation
person, property or the
exceasive production of
glare or odors;
~
are met, the use should not
prxess, material, equipment or
that would be detrimental to
qeneral welfare by reaeon of
traffic, noise, smoke, fumes,
h. The Applicant will cause the property to have
vehicular approaches which shall be deeigned as not to
create an interference with traffic on surroundinq public
streets, and sufficient parking for the proposed use will
be required to meet the requirements of the City
ordinance; and
i. The development and uses will not result in the
destruction, loss or damaqe of a natural or acenic
feature of major importance.
8. As conditions may be placed upon the grantinq of a
conditional use permit to minimize adverse impact on other
development, it is recommended by the Planning and Zoning
Connaission that the followinq conditions of the qrant of the
conditional use be required, to wit:
a. The conditional use, pu=suant to the Zoning and
Development Ordinance, shall not be transferable to
another owner of the subject property or to another
property;
b. The Applicant shall meet the requirements of the City
Bngineer'a affice, the Planninq and Zoning Administrator,
the Meridian Police Department, the Meridian Fire
Depsrtment, the Meridian Sewer Department, the Central
District Health Department, the Nampa & Meridian
Ir=iqation District, and other governmental entities,
which requirements specifically include, but are not
limited to:
1. Any further subdivision of the property shall
require the preparation of a plat for review and
approval by the City of Meridian and recorded;
2. Any existing irriqation/drainage ditches cros~ing
the property to be included in this project shall
be tiled per City ordinance Section 11-9-605 M;
3. Plans for tiling any existinq irriqation/drainage
FI1iDI1iG4S OF FACT J1ND CO~C LUSIOIiB OF LAII PAQE - 19
• ~
ditches crossinq the property to be included in
this project shall be approved by the appropriate
irrigation/drainage district or lateral users
assxiation, with written confirmation of eaid
approval submitted to the Public Works Department;
4. Any existing domestic wells and/or septic systeme
within the project shall be removed from thei=
dameatic service per City ordinance Section 7-517.
Wells may be ueed for non-domestic purposea such as
landscape irrigation;
5. The Applicant e-hall construct five feet wide
sidewalks along the entire east property boundary
of the parcel;
6. Water service to this project is contingent upon
positive =esults from a hyd=aulic analysis by the
City'a computer model;
7. The Applicant shall coordinate fire hydrant
placement with the City of Meridian's Water Works
Superintendent, and fire hydrant lxations shall be
depicted on the prel3.ntinary plat map;
8. The location and placement of sanitary sewer
service lines to the site shall be reviewed during
the plan review procese.
9. As the treatment capacity of the M~ridian
Wastewater Treatment Plant is currently being
evaluated, the approval of this application shall
be continqent upon the City's ability to accept the
additional aanitary sewage generated by this
project;
10. The location and placement of water service lines
to the site shall be reviewed durinq the plan
review prxesB;
11. As the City of Meridian desires to have a 12 inch
diameter water main extended from Pine Street to
the Oregon Short Line Railroad in the future Lxust
Grove extension, the Applicant shall pay its
proportionate share of the main line extenaion
cost, and the Applicant shall post a surety with
the City of Meridian for its share of the extension
cost;
12. The Applicant shall ~ubmit detailed landscaping
plans for review and approval by the City of
FI~DIIfti~f8 OF FACT 11~D COI~CLUB=OI~S O~' LA11 PA~3E - 20
~ •
Meridian as part of any buildinq permi.t
application;
13. The Applicant shall submit written verification
from a landscape architect that the trees selected
will be able to thrive at 20 feet o.c.
14. The Applicant shall revise the site plan to show
the lxation of all utilities;
15. (THIS PARAGRAP$ WAS STRICRBN)
16. The Applicant shall provide a planting strip at
least ten feet in width along Nola and the future
Locuat Grove Road;
17. The Applicant shall dedicate the required riqht-of-
way as required by ACHD and furnish proof of such
dedication to the City of Meridian prior to the
issuance of any buildinq permit.
18. As$essment fees shall be determined during the plan
review process, and the Applicant shall be required
to entar into an aasesament agreement prior to
obtaininq any buildinq permits;
19. The Applicant shall construct a suitably deaiqned
screen for outdoor storaqe of equipment and
materials;
20. The Applicant shall provide underground sprinkling
of all landscapinq and plantinq areas throuqh a
pressurized irriqation system;
21. The Applicant shall obtain a Certificate of Zoninq
Compliance prior to applying for buildinq permits;
22. The Applicant shall obtain a Certificate of
Occupancy prior to opening for business;
23. Al1 signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance;
24. All aignage shall be reviewed and approved by the
Planninq and Zoninq Department. A-frame and other
tempo=ary aigna shall not be penaitted and shall be
removed upon three days notice to the Applicant;
25. Sign permits shall be required for all siqnaqe;
FINDII~aB OF FACT lil1~D CO~iCLUSIONB OF IJ~11 PAaE - al
~ ~
26. Handicap parking, associated signage and buildinq
construction shall meet the requirements of the
Americans with Disabilitie~ Act, and all required
uniform Codes;
28. Screened trash enclosurea shall be provided in
accordance with City ordinance;
29. The Applicant shall coordinate dumpster site
locations with the City's solid waste contractor,
and shall locate dumpsters so as not to impede fire
access;
30. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. G=aveled driveways, parking and
access shall be prohibited;
31. The Applicant shall have prepared and submitted to
the City Enqineer a drainage plan, with
calculations for all off-street parking areas,
which shall be desiqned by a state of Idaho
licensed architect or enqineer;
32. All site drainage shall be contained and dieposed
of on-site;
33. The Applicant shall determine the seasonal hiqh
groundwater elevation, and submit to the City, with
the development plan:, a profile of the subsurface
soil conditions as prepared by a soil scientist;
34. The Applicant shall provide parking lot liqhting
plans to the Meridian Public Works Department;
35. Illumination of the site shall be designed so as
not to cause glare or to impact adversely
neighboring residential properties, as determined
by the City of Meridian;
36. The Applicant shall submit to the Idaho Department
of Health and Welfa=e, Division of Bnvironmental
Quality the plans for central sewage and central
water for its review and approval;
37. Runoff shall not create a mosquito breeding
problem;
38. Stormwater run-off ahall flow into a qrassy swale
before di~charginq to the subeurface;
FI~iDINt~S OF FACT AI~D CO~CLUSIOI~B OF LA1~ PAaE - 22
. •
39. The Applicant shall file a Land Use Change/Site
Development app].ication for review by the Nampa &
Meridian Irrigation District prior to final
platting;
40. The Applicant shall protect all laterala and waste
ways;
41. All municipal surface drainaqe shall be retained
on-site, and, in the event any surface drainaqe
leaves the site, the Applicant shall submit to the
Nampa & Meridian Irrigation District drainage plans
for ita review and approval; and
42. The Applicant shall comply with Idaho Code 3ection
31-3805.
43. The Applicant shall institute, a Company policy,
that any tractor and trailer in excess of fifty-
three (53) feet shall access Applicants' truaking
terminal only by means of leaving I-84 by mean~ of
the Interstate I-84 off-ramp at the intersection
of I-84 and 8ag1~ Road, then proceed west on
Franklin Road, take Lxust Grove Road, and then
take the access to Applicants' truckinq terminal.
44. The Applicant shall negotiate with the City of
Meridian Staff the final landscape design, which
plan ahall be confirmed by the City Council.
c. The Applicant shall meet the requirements of the Ada
County Highway District, which requirements specifically
include, but are not li.mited to:
1. The Applicant shall dedicate 60 feet of riqht-of-
way from the property, which is 48-feet of riqht-
of-way from the ultimate centerline of the new
Locust Grove Road abuttinq the parcel's west
property line, by means of recordation of a final
subdivision pl.at or execution of a warranty desd
prior to iesuance of a building permit or other
required permits, whichever occu=s first;
2. The District will require a dedication of
additional right-of-way abuttinq Pine Street when a
development proposal is received for the northern
portion of the property;
3. The Applicant shall construct 400-feet of curb,
gutter, five feet wide concrete sidewalk and
pavement widening to a 41 feet street section on
~I1iDI~ Ol~ FACT ]11~lD C011CLUSI0~8 ,Ql~ L~1~1 ~At~S - 23
• ~
existinq Locust Grove Road abutting the parcel
prior to District approval of the final plat,
issuance of a building permit, or othe= required
permits, whicheve= occurs first. The Applicant
shall coordinate the street plans with District
staff to determine the centerline using tha
existing curb and gutter on the eset side of
existing Locust Grove Road sliqhtly south of the
property;
4. When new Lxust Grove Road is improved in the
future, the Applicant may access the new roadway
with two driveways. The northern driveway shall be
a minimum of 220 feet and a maximwn of 240 feet
south of the north property line, as measured from
the future back of the curb on Pine Street and the
near edge of the driveway. This driveway may be
restricted to right turns only in the future. The
southern driveway shall be lxated a mini.mum of 440
feet south of the north property line and a minintum
of 30 feet north of the south property line. Both
drivewaya shall be constructed a~ 30 to 40 feet
wide curb return driveways with 15 to 20 feet curb
radii;
5. If the Applicant proposes to access new Lxust
Grove Road prior to the District constructinq it,
the Applicant shall pave the road a minimum of 28
feet wide from Pine Street to the driveway from
Pine Street to the requested driveway and inst~ll
pavement tapers ~t the driveways with 15 to 20 Eeet
radii;
6. The Applicant shall construct the southerly
driveway a~ a 30 to 4Q feet w,ide curb cut drivaway
on existing Locust Grove Road to align with the
previoualy approved driveway on the east side of
existinq Lxust Grove Road, approximately 30 #eet
north of the south property line, which may be
located six feet offset from the centerline of the
driveway on the east. The northerly driveway shall
be constructed as a 30 feet wide curb cut dr~veway,
located approximately 300 feet north of the south
property line, aligninq with the previously
approved driveway to the east. Both of the
driveways shall be improved with pavement tapers
havinq 15 to 20 feet radii;
7. The Applicant shall pave all driveways their fu11
required width to a least 50 feet beyond the edqe
of pavement of all public roada;
FI~iDIlt~38 OF Fl-CT A~TD CO1tCLUSIOl~B OF ~ PAaB - Z4
• •
8. The Applicant shall deposit $3,400.00 into the
Public Rights-of-Way Trust Fund for th~ cost of
constructing a five feet wide sidewalk on the new
Locust Grove Road abutting the parcel prior to the
issuance of any required permits or District
approval of a final plat, whichever occurs first;
9. The Applicant shall locate any gated entries a
minimum of 100 feet back o~ the public riqht-of-
way:
10. The Applicant ahall provide a recorded cross access
easement for the parcels to the north to use the
property foz accese to the public streets prior to
issuance of a buildinq permit or other required
permits;
11. Utility st=eet cute in new pavement leas thnn five
years old shall not be allowed unless approved in
writing by the District;
12. Restrictions on the width, number and locations of
driveways shall be placed on future development of
this parcel;
13. Other than the specifically approved access
point(s), direct lot or parcel access to the new
Locust Grove Road is prohibited; and
14. Other than the specifically approved access
point(s), direct lot or parcel accese to the
existing Lxust Grove Road is restricted.
d. The conditional use shall not be restricted to a time
period of authorization but may be, and is, subject to
review upon ten days notice to the Applicant for
violation of any conditions imposed herein, othe=
conditional uae applications, and/or the ordinancea of
the City of Meridian.
9. The above-condition~s are concluded to be reasonable and
the Applicant shall meet these conditions.
10. It is recommended that, if the Applicant meetB the
conditions atated above, the conditional use permit be qranted to
the Applicant. ;
FINDI~~3S OF 1~ACT A,iD CO~iCLUSIONB OF I~11~T
• •
APPROVI-L OF FI1~DIl~t;B OF FACT AIID CONCI+USIONS OF LA1P
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
• • _"_.__ S_._. ...
COUNCILMAN MORROW VOTBD
COUNCILMAN BLNTLEY VOTBD
COUNCILMAN ROUNTREL VOTBD~
COUNCILMAN TOLSMA VOTSD~
VOTED
MAYOR BOB CORRIE (TIB BRBARBR)
DgCISI011~ A~iD RSCOlO~DATIOI~
The City Council of the City of Meridian hereby decides that
the Conditional Use Permit requested by the Applicant for the
property described in the application is approved with the
conditions set forth in the Findinqs of Fact and Conclusions of
Law, or sunilar conditions as found justified and appropriate by
the City Council, and that the property is required to meet the
water and sewer requirements, the Fire and Life Safety Codes,
Uniform Fire Code, parking, pavinq and landscape requirements, and
all ordinances of the City of Meridian. That specifically included
the conditions, but not limited thereto, is that the Applicant
shall dedicate the required riqht-of-way as required by ACSD and
furnish proof of such dedication to the City of Meridian prior to
the iseuance of any building permit and the Applicant ehall
institute, a Company policy, that any tractor and trailer in excess
!'IItDIl~C~S OF !'~1C'P ~iD COl~CLUSI0~18 OF LA1~1 PA~ - 26
i •
of fifty-three (53) feet shall only access Applicants' t=uckinq
terminal by means of leaving I-84 by means of the Interstate I-84
off-ramp at the intersection of I-84 and Bagle Road, then prxeed
west on Franklin Road, take Locust Grove Road, and then take the
acceas to Applicants' trucking termi.nal, and that the Applicant
shall negotiate with the City of Meridian Staf f the final landscape
design, which plan shall be confirmed by the City Council. The
conditional use' shall be subject to review upon ~otice to the
Applicant by the City, unless the City Council states that the
conditional uee is not subject to review.
MOTION:
GRANTED DBNILD
1~I~DII~88 OF F]-CT AND CONCLUSIONS OF' IJ111 PAaE - 27
~ • ~c~v~
~u~ 3 0 ~ss~
BEFORE THE IKERIDIAN CITY COUNCIL ~(~~~;~AN
APPLICATION OF A'S LLC
FOR A VARIANCS FRON T8E FONT AND RIDS YARD
SIST-BACR RBOUIREMLNTS IN THE LIMITE~,D OFFICE (L O~Opg.
FINDING{S OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on June 17, 1997, 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 teatimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the va=iance was
published for two consecutive weeks prior to the scheduled hearing
for June 17, 1997, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
th~ June 17, 1997, hearing; that copi~s of all notices were
ava.ilable to newspaper, radio and television stations.
2. That the notice of public hearinq is required to be sent
to property owners within 300 feet of the external boundaries of
the land being con$idered pursuant to 11-2-416 E.,
11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled
Ordinances o# the City of Meridian; that this requirement has been
met.
3. That Ordinance 11-2-410 A, ZONING SCHSDULE OF BULR AND
FINDTNGS OF FACT & CONCLUSIONS OF LAW - Paqe 1
~ .
COVERAGE CONTROLS, requires that Limited Office structures be set
back on the front yard lines 30 feet and 25 feet on the street side
from the property boundary where the structure is to be built.
Applicant's Application, specifically, all Application docwnents,
and the entire record are hereby incorporated herein as if set
forth in full.
4. That the Applicant stated that is has requested that it
be granted a variance from the above front and side yard set back
requirements nnd be allowed to have a 20 foot setback in the front
and ~ide yard setback of 20 feet, when the Ordinance requires 30
feet for the front and 25 feet on the street side; the Applicant
stated that because Lagle and Franklin Roads are being widened; and
Eagle Road now has 70 feet to the centerline but it will have 113
t~et to the centerline; Franklin Road now has 40 feet to the
c~nterline, but it is proposed to have 70 feet to the centerline;
with the set back requirement and the amount of feet to the
c~nterline of each road it will result in a very l.arge open space
between where a project can be and where the roadway is. They are
asking for a r~duction of five feet on the Bagle Road setback and
10 feet on the Franklin Road setback. The result of the
centerlines and the setback$ will be 1.6 acres of landsaape between
the building and the edge af the road on a eite that is 3.6 acres,
which doee not count the landscaping that they will have at the
rear portion of the project and they would like some relief from
that landscaping burden and be able to use a little bit more of the
site.
FINDINGS OF FACT & CONCLUSIONS OF LAW , Paq~ 2
• ~
5. The property in question is in the southwest corner of
the intersection of Franklin Road and Eagle Road.
6. That the property is zoned L-O, Limited Office.
7. That the property does not currently have any structures
located on it.
8. That the App].icant owns the property, has previously
requested that it be snnexed and zoned Limited Office, and has
preeented a development request to construct a building on the
property pursuant to a conditional use.
10. That the Meridian Fire, Meridian Police, and Meridian
Sew~r Departmenta submitted comments and had no objection to the
request. Comments were also received from the Central District
Health Department and from the Settler'~ Irrigation District and
they stated no objections. No comments were received, at the date
of preparation of thea~ Findings of Fact and Conclusions of Law
from the Ada County Highway Diatrict (ACHD).
11. Tha~t Trisha Griffiths, who resides in Montvue
Subdivision, testified. 8er conunents were that some of the
residents in her subdivision oppose this variance. They feel that
if this varianee is granted other developere around the area would
also ask for a similar variance. She stated that they own a strip
of land in front of their subdivision and whoever buys it they
would want as similar variance. That the person that owned their
land before desired to develop it but could not because of the
setbacks. That St. Likes and Jackson's Texaco had to follow the
requlations and ehe feels that A'a should also have to follow the
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
~ •
regulations.
12. Shari Stiles, the Meridian Planning and Zoning
Administrator commented that the City has been requesting a 35 foot
landscape setback pm entrance corridor roadways; that she believed
that that was in the Findings for the annexation but their
conditional use was approved showing 20 feet on Franklin and 35
feet on Bagle Road. I thi.nk in most camee I might not be inclined
to approve of this variance and I would not want to approve of the
va=iance if the building plans were changed or the landscaping plan
were changed auch that the buildinq was of a different
construction. In this case I think it is a beautiful buildinq that
they are proposing and will be a real foal point and a great
attraction at that intersection. The people that are conce=ned on
the other side of Eagle Road have not qiven up the ultimate right-
of-way that will be taken when and if that is ever made an urban
int~rchange. There is a big dedication of right-of-way on both
Eagle and Franklin Roads. I wish we had eomething that would
explain a little better to the neighbors where the edge of pavement
is. Maybe i.t could be explained where the existing edge of
pavement i.s and where the building would be ~rom that edge of
pavement.
13. Roger Smith testified again and stated that he wanted to
expand upon what 5hari Stiles was alluding. That the building
would be approxima.tely 85 feet from the roadway. The current edge
of pavement on Franklin Road right now would be approximately 75
feet from the edge of th~ road on the Bagle Road side.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
~ ~
We kind of feel like this is an unusua~l circumstance in that
the ].arge amount of land that is being taken and encroachinq into
what the previous parcel was is creating a~ tremendous setback and
thi.s will actually result in over twice what the City's desired
entrance corridor is. We fully intend to significantly landscape
that ar~ in accordance with the plan that we submitted on our
conditional uae and provide berming, buffering, all the things that
we proposed in the previous plan.
One thing that I would like to br3.ng up is the plan to raise
Eagle Road but aeveral feet or correct Fra~nklin Road by several
feet and low~r Eag].e Road by approximately twelve feet. It is
going to present a very significantly obstructed view for each
corner to s~e the other corner. I thing that what will go on, on
our side of Eagle Road will probably have very little impact on
what goes on at either of the other three corners. Furthermore,
the changes in elevations which will occur then from one standpoint
we feel that the further out bui.lding ie a~wa.y from the nei.ghbors
behind the building the better off they will be as far as buffering
goea from the roadway. This reduction of aetback provide$ a little
bit of that for us. If it moves us back we will likely maintain
the saune size building. We will ju:t end up making a slightly
tighter site with more landscaping around it. The concept wil], be
the game. The signiticant changes that will occur there we feel
w3,~1 mitigate and appearance or any encroachment that is perceived
by ou= project.
14. That proper notice was given aa required by law and all
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
~ ~
procedures before the City Council were given and followed.
coxcLVSio~s
1. That all the procedural requirements of the Local
Planning Act and of the Ordinanc~s of the City of Meridian have
be~n met including the mailing of notice to owners of property
within 300 feet of the external boundarie~ of the App].icant's
property.
2. That the City has authority to grant variances purauant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinancea.
3. That the City Council has judqed this application by the
guidelines, atandarda, criteria, and policies contained in the
Zoning Ordinance and upon the recard eubmitted to he and tit things
upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the following provision of Section 11-2-419 A, of
the Zoning Ordinance is noted which is pertinent to the
Application:
11-2-419 A.
The Council may authorize in specific cases a variance
from the terms of this Ordinance or from the Subdivision
and Dev~4lopment Ordinances as will not be contrary to the
public interest where, owing to apecial conditions, a
literal enforcement of the provisione of this Ordinance
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
~ ~
would result in unnecessary hardship. No non-conforming
use of neighboring land~, structurea or buildings in the
same district and no permitted or non-conforming use of
lands, etructuree or buildings in other districts shall
be considered grvunds for issuance of a variance.
Variance$ shall be granted only where strict application
of the provisions of this Ordinance would reeult in
unn~c~ssary hardship. A variance application does not go
to the Com=aission unless directed by the Council.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-2-419 C. FINDING48
A variance shall not be granted unlees (as a result of a
public hearing) the Council makes a statement of
supportive reasons based directly on the evidence
pr~sented to it which supports conclusions that the
mentioned standards and conditions of this Ordinance have
been met by the applicant and unless a11 of tit following
exist:
1. That there are such special circumstances
or conditions affecting the property that the
strict application of the provisions of this
Ordinance would clearly be impracticable or
unreaaonable;
2. That strict compliance with the
requirements of this Ordinance would result in
extrr~ordinary hardship to the owner,
subdivider or developer because of unusual
topography, other physical conditions or other
conditione which are not self-inflicted, or
that these conditions will result in
inhibitinq the achievem~nts or the objectives
of this Ordinance;
3. That the granting of the specified
varir~nce 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 a].tering th~ interest and purpose of
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7
t~ s
this Ordinance and the Meridian Comprehensive
Plan.
7. That there does app~ar to be a specific benefit or
profit, economic gain or convenience ta the Applicant in that the
Applicant would not have to re-plan its proposed building, redo the
lnndscape plan, apply for another conditional use permit, or a
modification thereof; however, the area is being updated and
improved by the ACHD, the State of Idaho Transforation Department,
a~nd with regard to this Applicant, the development of the southwest
quadrant of Franklin and Lagle Roads; also as stated by Shari
Stilea, the conditional use permit was granted by the City and
approved and it ahowed s~tbacks of ZO feet on Franklin Road and 35
f~et on Eagle Road and ACHD had the riqht to make a statement ar~ to
the buildinq, setbacks and what landscaping they desired due to the
building and the improvements of both roads. However, they did not
make comment at thnt time.
It is further concluded that it is likely that there would be,
and m~y always be, objections due to any change in a roadway that
p~ople have grown accustomed to and has an impact on their property
or the way that they desire their property and the surrounding
property to be developed; this is not to say that such objections
are meaningles~ and ahould not listened to, and in some cases
treated as controlling, but they must be evaluated along with all
the evidence and ciraumstances involved in the Application being
considered.
8. That regarding Section I1-2-419 C it is specifically
FINDINGS OF FACT & CONCLUSIONS OF LAW - Pagc 8
~
canaluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of the
provisa.ons of the set back Ordinance would clearly be
unreasonable since the Appl,icant's conditional use was
approved with the setbacks, or less, now desired in this
variance; .i,t is also noted that the ACSD did not conmient
on those setback~ and has made no coannent in this
Application for a variance. It is also concluded that
the setbacks pursuant to the Ordinance in relationship to
how Eagle and Franklin Roads are designed to be
constructed would be a hardship on the Applicant not
under its control in any fashion.
b. That strict compliance with the requirements of the
aet back Ordinance would result in extraordina=y hardahip
to the applicant es a result of factors not aelf-
inflict~d and would result in extraordinary hardship on
the Applic8nt.
c. That the granting of the specified variance would not
be detrimental to the public's welfare ar injurious to
other property in the area in which the property is
situated.
d. That such variance would not have the effect of
alterinq the interests and purpose~ of the set back
Ordinance or the Meridian Comprehensive Plan.
9. That it is concluded the Application should be granted.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 9
APPROVAL OF FINDINGS OF FACT l~D CONCLUSIONS
The City Council of the City of Me=idian does hereby adopt
and approve theae Findings of Fact and Conclusions,
ROLL CALL:
COUNCILMAN MORROW
COUNCILMAN BENTLBY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIB (TIE BREAKLR)
RPPROVED:
DECISION
VOTED
VOTED
VOTED~
VOTBD
DISAPPROVED:
It is hereby decided that the variance of the set-back
ordinance is hereby granted and Applicant shall meet a twenty (20)
foot front setback and ~ twenty (20) foot street side setback.
P'INDINGS OF FACT & CONCLUSIONS OF LAW - Paqe 10
~ •
BSFORE THF MSRIDIAN Citv Couac~,~
STBVB C. LYONS AND STSVSN J. ~A~liBRIDCfS
CONDI'1'IO~iAL USS PSRI~LIT FOR
FULL SERVICS CAR 1~iASH 1~iITH FUSL FACILITIES
83S 8. FAIRVISW AVSNUS
~tBRIDIAN. IDASO
FINDIN~iB OF FACT AND CONCLUSIOl~S OF LAii
The above entitled mattet having come on for public hearing on
June 17, 1997, at the hour of 7:30 o'clc>ck p.m., the Applicant
appearing through their representative, Bob Daugherty, the City
Council of the City of Meridisn having duly consider~d the evidence
and the matter makes the following Findings of Faot and Conclusions
of Law:
FIlfDI1~Ci8 OF FACT
1. A notice of a public hearing on the Conditianal Use
Permit was published for two (2) consecutive weeks prior to the
~aid public hearing scheduled for May 13, 1997, the first
publication af which was fifteen (15) days grior to said hearing;
thst the matter was duly considered at the May 13, 1997, hearing;
that the public was given full opportunity to express commients and
eubmit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. The property is located within the City of Meridian at
835 E. Fairview Avenue, M~ridian, Ada County, Idaho. The property
is described in the application which description is incorporated
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
LYONS AND BAINBRIDGE
~ ~
herein. The Applicant are not the owners of record of the
groge=ty. The record owners of the property are Laatont Rouba and
Lynn Kouba, husband and wife, and they have consented to the
application for the Conditional Use Permit.
3. Purauant to the Application and the testimony of Bob
Daughert~r, of Johneon Land Surveying, Mr . Daugherty stated that the
property is presently vacant. Mr. Lyon has is no longer associated
w3th the project. Mr. Bainbridqe's intention, and proposed use, is
to conetruat a full service car wash facility on the northern
portion of the property. It would have a retail space in the front
of that car wash and also a full fuel facilities, two detail bays
associated with the car wash, all on .88 acres that adjoins
Fairview Avenue. We have gone over the findings of fact that were
prepared from Planning and Zoning. We don't have any problema with
anything that they have recommended. There are a couple of items
however that we would like to ask for your permission to change.
On~ of them would be change to change the hours of operation for
the car wash from 8 a.m. to 8 p.m. and operate during the suauner
between 7 a.m. until 8 p.m. The winter hours, they would
anticipate those being from 9 a.m. to 6 p.m. For the fuel
facility, there would be extended hours available to pwnp gas via
a gns card, even as much as 24 hours per day.
4. That Planning and Zoning Commissioner Smith had three
specific concerns that he indicated that he was going to paas on
the Council. One was about the parking issue where people were
qoing to be backing out into a 40 foot road way easement secured
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
LYONS AND BAINBRIDGE
~ ~
from the adjoining property. There was also a concern about the
atacking and how many cars we could actually have waiting to get
into the car wash. Concern about the buildinq construction itself
and materials that would be u$ed. We have redone a new site plan
which did away with the parking that would be baeking into the 40
foot easement strip. We created a portion of that parking a=ea for
additional stacking which would handle up to 8 additional cars.
Site plan changes address all of those cancerns.
5. Mr. Daugherty also testified that in the site specific
requiremente Freckleton and Stiles were looking for a warranty deed
on that additional 4 feet of right of way that ACHD is requiring
a~ong Fairview avenue. ACED is asking for warranty deed to be in
place prior to issuance of a building perntit. We don't feel that
additional 4 feet of right of way should hold up the entire
procees. Additionally there was some confusion as far as the cross
acaess agreemente. We hav~ already secured the easement on the
parcel that Roundtree aits on for that 40 foot acceas easement that
goes the entire lenqth of our parcel. Once the southern half of
the project is developed we would enter into the cross access
agreement. Mr. Daugherty also stated that the lighting issue will
be part of the development agreement.
7. The City Council asked what the decibel level of the
vacuum would be at 100 feet from their placement, to which Dan
Thomas testified that the vacuums were designed such that they
should not be heard at all. There was also inquiry about the signs
that the Applicant wanted to place on the property and a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
LYONS AND BAIPiBRTDGE
. ~
reprementative of the Applicant, Mr. Numbers, stated several siqne
on the building have some metal roofed canopies and we have signage
on a br~ck-lit canopy. The Sinclair fuel station will have signage
as a part of its canopy. At this point we are not planninq on
having an independent siqn on the property. Mr. Bainbridge stated
that we will have a aign on the berm and Councilman Bentley atated
that he would prefer to aee a monument sign. Mr. Bainbridqe stated
that whatever is preferred we will do.
8. Robert Benner, a repreeentative of the Applic~nt,
teatified that if we are allowed to put the identification on as
our atandard company identitication on three sides of the canopy
there will be 21 inch hiqh red letters back lit stating the word
Sinclair. There will be a 2 by 3 foot back lighted logo sign. As
to the signaqe, we are very flexible. On the smaller sign we need
a a~aximum of about 8 foot 3 inches for the poles and the sign, and
a~ maximum height of at least 12 feet. City attorney, Mr. Crookston
inquired as to whether the height at the total top of the sign
would ba 14 feet and Mr. Henner stated that was correct and that
they needed a minimum of 12 feet from the top to the very bottom of
the qround and that they need~d to be able to be identified ns a
Sinclair fueling etation, but they desired to meet all of the
City'a concerns ao far aa compatibility.
9. Shari Stiles, Meridian Planning and Zoning Administrator
testified that it looked sinu.lar to a convenience store with the
freezer and coolers. She just wanted to make sure that thia wae
not going to be a 24 hour convenience store as that would require
FINDINGS OF P'ACT AND CONCLUSIONS OF LAW - Paqe 4.
LYONS AND BAINBRIDGE
~ •
another eonditional use permit. Well, it has been the car waah and
fueling ,station. Mr. Bainbridge reBponded that aa far as the hours
in the lobby section the latest time will be 10:00 as far but the
gas they will be able to be obtained for 24 hours. He also stated
that there will be conveniences for our customers; they will have
drinka, a coffee bar.
Miss Stiles want~d to know if this would be a place where
people would come and piak up milk and eggs, to which Mr.
Bainbridqe answered that there only be snack items.
10. Gary Smith, City Engineer, stated that at the P& Z
hearing he heard quite a bit of discussion concerning the
construction of the building, to which Mr. Numbere responded that
on two sides we have concrete masonry, the side facinq Fairview
Avenue and the side facing Roundtree Chevrolet. On the west and
south sides we have a concrete block. The two aides face Fairview
are concrete block, we have a split face concrete block base up
four teet then painted concrete and then a band of ribbed block and
then additione~l painted block above that.
11. Councilman Rountree stated that his preference would be
a monument type sign, the lower the better and that it would be
helpful for me to see n little more detail in there. Councilman
Tolsma stated that he would like to ~ee something in there about
the height of the ~igns and Councilman Rountree stated that his
auggestion would be that the City ask the Applicant to provide
staff with a rendering of a concept of signage of the from berm of
this facility for consideration with some di.mensions and locations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PSge 5.
LYONS AND BAINBRIDGL
~ ~
And that we qet their connnents and have that so we can incorporate
that information into the findings of fact. If that is not
acceptable I would suggest that we get some specifics in the
findinga of fact this evening which may be more confusing to the
Applicant.
12. Councilman Tolsma then stated that the City had have
never seen a landscaping concept of this or what the design was for
berm, other than what our ordinances are for landscaping. And Miss
Stile~ commented that there was an outline ehown on the site plaa.
Councilman Tolsma then questioned if the landscaping and the
aignage was the only thing that is in question and whether the
City needed an artist's conception of what the City was looking at
or if new findings would show what the City needed to know about
the landscaping and the signage. He stated that what he was
looking for wae a conaept
13. Miss Stiles stated that she waa wondering if the City
would like to amend the findings and if maybe the profile and the
Bign itself would undergo site plan =eview of the City Council.
She wanted to know if the Council wanted to leave the profile and
sign to site plan review or whether the Council wanted to amend the
Findings of Fact and Conclusions of Law.
14. Councilman Tolsma wanted to know it Gary Smi.th desired to
have a monitoring system on the sewer or a measuring device on the
sewer to see how much water goes down there for a sewer rate and he
wanted to know if the City had such a device for that?
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
LYONS AND BAINBRIDGE
~ •
15. Gary Smith responded that the City does not have anything
in present uae. He later stated that the ordinance requires, for
a comnnercial establishment, that the city bill them sewer use
aharqes fore the amount of water that goes through the water meter.
16. Council Rountree reminded the Council that the previous
Applicant was required to submi.t a rendering of the landscape plan
to the City Council before the city advance it through the approval
proceea for the conditional use penait.
17. Mr. Dauqherty finally stated that the Applicant would
certainly adhere to the sign ordinance. As far as the landscape
plan it was always talked about at staff level that would have to
be submitted as part of the building permit process. We are
certainly prepared to do that and be subject to whoaever
recommendation if they are not satisfied with that of course we
would =edo that until they are satisfied with it. That would be
prior to issuing building permi.t. If you folks have an idea of
what you want as far as a sign we would be more than happy to go
ahead and agree to that this eveninq in order to try to apeed this
procesa along. He wanted to have a decision that night to qet the
building plan submitted and start the review process. And at that
time that is when they would $ubmit the sign and landscape plans.
18. Councilman Bentley then stated that he personally would
like to aee ecomething smaller than a twelve foot sign.
19. The property ia currently zoned (C-G) General Retail and
Service Commeraial. In the ZONING SCHEDULE OF USE CONTROL, Section
11-2-409 B., Cammercial, automobile washinq facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 7.
LYONS AND BAINBRIDGE
• ~
automobile service stations are permitted uses on property zoned
(C-G) General Retail and Service Commercial. However, pursuant to
the ordinance adopted to annex and zone the propert~, the property
can only be developed as a commercial planned development or under
the conditional use perm.i.t process. Therefore, pursuant to the
ordinance adopted for the annexstion and zoning of the property, a
conditional use permit for the operation of an automobile washing
facility with fuel facilities on the propert~ is required.
20. The (C-G) General Retail and 3ervice Commercial district
is de~cribed in the Zoning Ordinance, 11-2-408 B. 11 as follows:
tC-G- Ge~,eral Retail and Service Commercial: The purpose
of the (C-G) District is to provide for co~ercial uses
which are customarily operated entirely or almost
entirely within a buildinq; to provide for a review of
the impact of proposed con~nercial uses which are auto and
service oriented and are located in close proximity to
ma~or hiqhwaye or arterial streets; to fulfill the need
of travel-related servi~es as well as retail sales for
the transient and permanent motoring public. All such
diatricta shall be connect~d to the Municipal Water and
Sewer sygtems of the City of Meridian, and shall not
constitute strip coa~aercial development and encourage
elustering of comme=cial development.
21. Conditional Use Permit is defined in the Zoning And
Develapment Ordinance, City of Meridian, Idaho as "Permits allowing
an exception to the uses authorized by this Ordinance in a zoning
district."
22. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, submitted qeneral
and site apecific conaaents, which comments are incorporated herein
as if set forth in full. Their comments included that the property
was annexed last year with an application by Lamont Rouba. A
FINDINGS OF FACT AND CONCI,USIONS OF LAW - Paqe 8.
LYONS AND BAINBRIDGE
~ ~
conditional use p~rmit was granted for a retail space with some
office/wa~ehouse ~apace on the southern portion. Their general
comment~ included the following:
a. Any existinq irrigationldrainaqe ditahes crossinq or
adjoining the subject property shall be tiled per City
Ordinance 11-9-605 M. The ditches to be piped are to be
shown on the development plans. Plans will need to be
approved by the appropriate irrigationldrainage district,
or lateral users association, with written confirmation
of said approval submitted to the Public ~lorks
Department;
b. Any existinq domestic wells andlor septic systems
within the project will have to be removed from their
domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes auch as
landscape irrigation;
c. The Applicant will need to determine the seasonal
high groundwater elevation, and submit a profile of the
subsurface soil conditions ~,s Dreuared by a soil
~cientist with the development glans;
d. The Applicant will need to provide fire access and
hydrant locationa in accordance with the Uniform Fire
Code and Meridisn Fire Department policies. Any needed
fire hydrant will need to be in place and activated prior
to issuance of a buildinq pex~mit;
e. The Applicant will need to coordinate dumpster site
locations with the City's solid waste contractor, and
located dumpsters so as not to impede fire acceas. All
dumpsters are to be provided with a screened enclosure;
f. A minimum thirty five feet landscape setback beyond
future right-of-way is required. The Applicant are to
provide a detailed landscape plan including bermi.ng
details for approval prior to obtaining building permits.
Sidewalk/curbing should be installed along Fairview
Avenue to pravide a finished appearance. Ada County
Highway District has requested that money for the
sidewalk be deposited into a trust;
g. The Applicant are to provide curbing and underground
sprinkler system for all landscaped areas;
h. The Applicant are to provide temporary fencing to
contain debris during construction;
FINDINGS OF FACT 1~ND CONCLUSIONS OF LAW - Page 9.
LYONS AND BAINBRIDGE
~ •
i. All paving, striping and signage of parking lot is
to be in aacordance with Meridian City ordinances and the
P,mericans with Disabilities Act;
j. Liqhting shall not illwninate adjacent residential
properties or cause glare, as determined by the City of
Meridian;
k. A development agreement outlining detailed
conditions of approval was a condition of annexation.
All usea shall be developed under the conditional use
permit proce~s;
1. All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. All signage
shall receive deaign approval of the Planning and Zoninq
Department. A-frame and other temporary signs will not
be permitted and will be removed upon three days notice
to the Applicant. Sign permits are needed for all
signage;
m. Any new construction shall be in compliance with the
Americans with Disabilities Act and all required Uniform
Codea; and
n. The Appliaant are to provide a revised site plan
me~ting a11 staff and agency requirements prior to public
hearing before the City Council.
Their site $pecific co~nents included the following:
a. S~nitary sewer service to this development ahall be
from an existinq main that is in place alonq the west
side o:E the site. The Applicant ahall be responsible to
const=uct thie sewer mains to and through this proposed
d~velopment. The Applicant are to coordinate sewer main
sizes and locdtions with the City of Meridian Public
Works Department. Development plans shall be reviewed
and approved through the Public Works Department.
b. The treatment capacity of the Meridian Wastewater
Treatment Plant is currently being evaluated. Approval
of this application needs to be contingent upon the
City's ability to accept the additional sanitary sewage
g~nerated by this proposed development. The Applicant
have preliminarily discussed usinq an existinq well on
the aite for use in the car wash. If this ie done, with
the approval from Idaho Department of Water Resources, a
meter will need to be installed to measure actual
contribution to the sewer system. The Applicant ehall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
LYONS AND BAINBRIDGB
~ ~
enter into a reassessment agreement for sewer and water
fee~ prior to obtaining a building permit;
c. Water service to this development shall be from an
extension of the existing eight inch diameter main
installed along the southerly side of Fairview Avenue.
The Applicant are =esponsible for extension of water
service to and through this development. Water service
to this development is contingent upon positive results
from a hydraulic analysis by the City's computer model.
The Applicant are to coordinate routinq with the Meridian
Public Works Department. Water lines shall be located on
the north and east sides of the roadway centerlines;
d. Pressurized irrigation is to be provided per City
ordinance. Any proposal for a supplementary connection
from the City's water system to the pressurized
irrigation system will need to be reviewed closely due to
the size of the area to be watered. The Applicant shall
provide a atatement as to the ownership of, and operation
and maintenance of the pressurized irrigation system;
e. The Applicant are to dedicate four additional feet
of riqht-of-way on Fairview Avenue, 54 feet from the
centerline. The Applicant are to furniah a copy of
recorded warranty deed for dedication of additional
right-of-way grio~ to at~plvina for building permite;
f. Th~ Ada County 8ighway District policy requires that
acaess from Fairview Avenue to this development be
located on the east aide, and that crose+ accesa
agreements be entered into for the properties east and
west of the property;
g. Eiqhteen three-inch caliper tress are required for
this development. Trees may not be located over the
existinq sewer line or over other utilities. A detailed
landscapinq plan, including sizes and species, will need
to be submitted for approval with the buildinq peraait
application;
h. The Applicant are to submit a copy of the recorded
easement agreement for accees from the Roundtree
Chevrolet property and to the southern portion that is
not being developed at this time;
i. The Applicant are proposing to split the Fairview
frontage property from the remainder of the parcel. This
parcel is eligible for a one-time split; however, the
proposed split will leave the back portion with no leqal
frontage~. The Meridian City Council will have to approve
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
LYONS AND BAINBRIDG~
~ ~
of the private roadway concept and actual splittinq of
the property; and
j. The Applicant are to indicate any existing FEMA
floodplain boundaries on the site plan map, and/or any
planss to reduce said boundaries.
23. The Ada County eighway District submitted comments on the
subject applic8tion, which conunents are incorporated herein as if
aet forth in full. Its comments included the following:
a. The Applicant are to dedicate 54 feet of riqht-of-
way from the street centerline of Fairview Avenue
abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to
issuance of a building permit, or other required penaits,
whichever occurs first. The owner will be compensated
far this additianal right-of-way from available impact
fee revenues in this benefit zone. If the owner wishes
to be compensated for the additional right-of-way, the
owner must submit a letter of application to the impact
fee admi.nistrator prior to breaking qround, in accordance
with Section 15 of ACHD Ordinance #188. The value of the
right-of-way will be offset against road impact feea that
will be payable before a building permit is issued;
b. The Applicant are to pave the driveway easement
abuttinq the sa.te's east boundaxy its full required width
to at least 30 feet beyond the new right-of-way of
Fairview Avenue and install pavement tapers with 15 feet
radii abuttinq the existing roadway edge;
c. The Applicant are to provide a recorded cross acce:s
easement for the parcels to the south to use the property
for 8CC@~S to the public streets prior to issuance of a
building permit or other required permits;
d. The Applicant are to locate a 30 to 36 feet wide
driveway on site from the 40 feet easement a minimum of
40 feet south of the new riqht-of-way of Fairview Avenue;
e. The Applicant are to construct a five feet wide
concrete sidewalk on Fairview Avenue abutting the parcel,
and locate the sidewalk one foot within the new right-of-
way of Fairview Avenue;
f. Utility etreet cuts in new pavement less than five
years old are not allowed unless approved in writing by
the Ada County 8ighway District; and
FINbINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
LYONS AND BAINBRID~E
~ •
g. Other tha-n access point(s) specifically approved
with this application, direct lot or parcel acce~s to
Fairview Avenue is p=ohibited.
24. The Meridian City Police Department and the Meridian Fire
Department submitted comments, which respective coamnents are
incorporated herein as if set forth in full.
25. The Meridian Sewer Department submitted comments, which
comments are incorporated herein as if set forth in full. Its
comments included that the pro~ect will require coordination with
the Meridian Sewer Department and the pretreatment program during
construction and operation.
26. Central District Health Department submitted comments
which commenta are incorporated he=ein as if set forth in full.
Its comments included that after written approval from appropriate
~ntities are submitted, it can approve the proposal for central
sewage and central water; that runoff is not to create a mosquito
breeding problem; and that it recommends etormwater run-off flow
into a grassy swale before discharging to the subsurface.
27. The Nampa & Meridian Irriqation District submi.tted
commenta, which commaents are hereby incorporated herein as if set
forth in full. Its comments included the following:
a. The Nampa & Meridian Irrigation District's Five Mile
Drain courses throuqh the aouthwest corner of the
project. The riqht-of-way of the Five Mile Drain is 100
feet; 50 feet from the center each way. The Applicant
must contact the Nampa & Meridian Irriqation District for
approval before any encroachment or change of right-of-
way occurs;
b. The Nampa & Meridian Irrigation District requires
that a Land Use ChanqelSite Development application be
filed for reviaw prior to final plattinq;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
LYONS AND BAINBRI~E
~ •
c. Al1 laterals and waste ways must be protected;
d. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the Nampa
& Meridian Irrigation District must review drainaqe
plans;
e. The developer must comply with Idaho Code Section
31-3805; and
f. It is recommended that irrigation water be made
available to all developments within the Nampa & Meridian
Irrigation Diatrict.
28. That the Findings af Fact of the Planning and Zoning
Commission are incorporated herein as if set forth in full, However -
if there is any conflict between these Finding of Fact and the
Findings of Fact of the Planning and Zoning Commission, these
Findings of Fact shall control.
29. There w~re no other comm~ents by the public regarding this
application.
COI~CLUB Z ONS OF LAW
1. All the procedural requirements of the Local Planninq Act
and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Appl.icant' property.
2. Th~ City of Meridian has suthority to grant conditional
uses pursuant to Idaho Code Section 6?-6512 and pursuant to 11-2-
418 of the Zoning and Development Ordinance of the City of
Meridian.
3. The City o# Meridian ha,~ the authority to take judicial
notice of ita own ordinances, other governmental e~tatutes and
FINDINGS OP' FACT AND CONCLUSIONS OF LAW - Page 14.
LYONS 10iND BAINBRTDGE
• •
ordinancee, and of actual conditions existing within the City and
the State.
4. The City of Meridian has authority to place conditions on
a conditivnal use permit and the use of the property pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
mi.nimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-~ite facilities may be attached to the
permit; that 11-2-418 D authorizes the City to prescribe a set time
period for which a conditional use may be in exigtence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council mny prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of th~ terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Comm.ission and
Council may prescribe e set tame period for which a
Conditional Use may be in existence.
6. The City Council judqes this application for a
conditional use upon the ba~is of guidelines contained in Section
11-2-418 of the Zoning and Development Ordinance of the City of
Meridian and upon the basie of the Local Planning Act of 1975,
Title 6? Chapter 65, Idaho Code, the Comprehensive Plan of the City
of Meridian, and the record submitted to it and the things of which
it may take judicial notice.
7. Section 11-2-~18 C of the Zoninq and Development
Ordinance of the City of Meridian sets forth the standards under
which the Planning and Zoninq Commission and the City Council shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Psge 15.
LYONS A1JD BAINBRIDGE
~ ~
review applications for Conditional Use Permits. Upon a review ot
those requirements dnd a review of the facts presented and the
conditions of the area, assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
City Council concludes as follows:
a. Although an automobile waahing facility, with fuel
facilities, is permitted use on property zoned (C-G) General
Retail and Service Commercial, pursuant to the Ordinance
adopted to annex and zone the property, the property can only
be developed as a coatimercial planned development or under the
conditional use permit process. Therefore, pursuant to the
Ordinance adopted for the annexation and zoning of the
property, a conditional use permit for the operation of an
automobile washing facility with fuel facilities on the
p=operty would, in fact, constitute a conditional use and a
conditional use permit would be required by ordinance;
b. Th~ uae would be harmonious with, and in accordance with,
the Compzehen$ive Plan and the Zoning Ordinance;
c. The use is deaigned and is, apparently, to be conatructed
so ae ta be harmonioug in appearance with the character of the
qeneral vicinity. If the aonditions set forth herein are
complied with the use should be operated and maintained to be
hanaonious with the intended character of the general vicinity
and ehould not change the essential character of the area;
d. The use would not be hazardous, nor should it be
disturbing, to existing or future neiqhboring uses if the
conditions herein are met; however, traffic may increase, but
the development will have a vehicular approach to the property
which sha11 be designed to decrease interference with traffic
on surroundinq public streets;
e. The Applicant shall be able to provide adequately for the
essential public facilities and services such as streets,
police and fire protection, drainage structures, refuse
dispoaal, water and sewer, but Applicant may have to pay
additional fees for the use;
t. The use would not create excessive additional
requirements at public cost for public facilities and services
and the use would not be detrimental to the economic welfare
cf the community;
FINDINGS OF FACT AND CONCLUSIONS OF LP,W - Page 16.
LYONS AND BAINBRIDGE
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g. If these conditions are met, the use should not involve
a use, activity, process, material, equipment or conditions of
operation that would be detrimental to person, property or the
general welfare by reason of excessive production of traffic,
noise, smoke, fwaes, qlare or odors;
h. The Applicant shall cause the property to have a
vehicular approach which ahall be designed as not to create an
interferenc~ with traffic on eurroundinq public streeta, and
sufficient parking for the proposed use will be required to
meet the requirements o# the City ordinance; and
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
8. As conditions may be placed upon the grantinq of a
conditional use permi.t to minimize adverse impact on other
development, it is decided by the City Council that the followinq
conditions for the grantinq of the conditional use permit ~hall be
required, to-wit:
a. The conditional use, pursuant to the Zoning and
Development Ordinance, shall not be transferable to
another owner of the subject property or to another
property;
b. The conditional use shall not be restricted to a period
of authorization but may be reviewed annually, upon
notice to the Applicant, for violati4n of any conditions
imposed herein and other conditional use applications;
c. The Applicant shall meet the requirements of the City
Enqineer's office and the Planning and Zoninq
Administrator, which include the tollowinq:
1. Any existing irrigation/drainage ditches crossing
ar adjoining the subject property shall be tiled
per City Ordinance 11-9-605 M. The ditches to be
piped shall be shown on the development plans.
Plans must be approved by the appropriate~
irrigation or drainage di~ctrict, or lateral users
association, with written confirmation of said
approval submitted to the Public Works Department;
FINDINGS OP' FACT AND CONCLUSIONS OF LAW - Page 17.
LYONS AND BAINBRIDGE
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2. Any existing domestic wells andlor septic systems
within the project wa.l~. have to be removed from
their domestic service per City Ordinance Section
5-7-517; however, wells may be used for non-
domestic purposes such as landscape irrigation;
3. The Applicant shall determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with the development plans;
4. The Applicant sha11 provide fire access and hydrant
lacations in accordance with the Uniform Fire Code
and Meridian Fire Department's policies. Any
needed fire hydrant(s? ehall be in place and
activated prior to issuance of any building
permit(sli
5. The Applicant shall coordinate dumpster site
locations with the City's solid waste contractor,
and locate dumpsters so as not to impede fire
access. A11 dumpsters are to be provided with a
screened enclosure;
6. A minimwn thirty five feet landscape setback beyond
th~ future right-of-way of Fairview Avenue shall be
required. The App],icant shall provide a detailed
landscape plan including berming details for
approval by the City prior to obtaining buildinq
perma.ts. Sidewalk and curbing ahall be installed
along Fairview Avenue;
7. The Applicant ahall provide curbing and underqround
sprinkler syetem for all landscaped areas;
8. The Applicant shall provide temporary fencing to
contain debris during construction;
9. Al1 paving, striping and signage of parking lot(s)
shall be in accordance with Meridian City
ordinancea and the Americans with Disabilities Aot;
10. Liqhting shall not illuminate adjacent residential
properties o= cause glare, as determined by the
City of Meridian;
11. As a development agreement outlining detailed
conditions of approval was a condition of
annexation, all future uses or development of the
property, whether the northern portion or the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
LYONS AND BAINBRIDGE
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gouthern portion, shall be developed under the
conditional use permit process;
12. Al1 siqnage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance. Al1
signage must receive desiqn approval from the
Planning and Zoning Department. A-trame and/or
other temporary signs shall not be pe=mitted and
wi11 be removed upon three days notice to the
Applicant. Sign permits shall be required for all
signs; also, since the Applicant's representative
stated and represented as follows:
"If you folks have an idea of what you want as
far as a sign we would be more than happy to
go ahead and aqree to that this evening in
order to try to speed this process alonq. .
.. And of course at that time that is when
we would go ahead and submit the siqn plans
and the landscape plan.",
all signs shall be design approved by the City
Council, or th~ City Official designated by the
City Council to approve siqns, prior to obtaining
building permits from the City; the top of any sign
shall no be taller than twelve (12) feet above the
surface of Fairview Avenue, shall not be larger
than one hundred twenty square feet, and shall be
"monument" type signs and not be supported by more
than one pole, or standard.
13. Any construction shall be in compliance with the
Americans with Disabilities Act and all required
Uniform Codes;
14. The Applicant shall be responsible for the
construction of the sewer a~ins to and throuqh the
development. The Applicant shall coordinate sewer
main sizes and locations with the City of Meridian
Public Works Department. Any development plans
ahall be submitted to the Public Works Department
for its review and approval;
15. As the treatment capacity of the Meridian
Wastewater Treatment Plant is currently being
evaluated, the approval of this application sha11
be contingent upon the City's ability to accept the
additional ~anitary sewaqe generated by this
developanent;
16. If the Applicant receive approval from the Idaho
Department of Water Resources to use an existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 19.
«: I~YONS AND BAINBRIDGE
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well on the eite in the car wash, the Applicant
shall install a meter to measure actual
contribution to the City's sewer system;
17. The Applicant shall enter into a reassessment
agreement for sewer and water fees prior to
obtaininq a building permit(s);
18. The Applicsnt shall be responsible for the
extension of water service to and through the
development. Water service to this development
shall be cantingent upon positive results from a
hydraulic analy~is by the City's computer model.
The Applicant shall coordinate routing of the water
service lines with the Meridian Public Works
Department. Water lines shall be located on the
north and east sides of the roadway centerlines;
19. Pressurized irrigation shall be provided pes City
ordinance. The Applicant sha11 provide a statement
as to the ownerehip, operation and maintenance of
the gressurized irrigation sye-tem;
Z0. The Applicant shall dedicate four additional feet
of right-of-way on Fairview Avenue, 54 feet from
the centerline. The Applicant shall furnish to the
City a copy of the recorded warranty deed for or
other documentation evidencing the dedication of
additional right-of-way prior to applying for
buildinq permi.ts;
21. Eighteen three-inch caliper trees shall be required
for this development. Tree~ shall not be lxated
over the existing sewer line or over other
utilities. A detailed landscaping plan, including
siz~s and species, shall be submitted to the City
for approval with any building permit application;
22. The Applicant shall submit a copy of the recorded
easement aqreement for access from the Roundtree
Chevrolet property and to the southern portion of
the property which is not being developed at this
time;
23. The Applicant proposal to split the northern, or
Fairview frontage property from the remainder of
the property, and the concept of a private roadway
shall be subject to approval by the Meridian City
Council; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
LYONS AND BAINBRIDGB
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24. The Applicant shall provide information of any
exi~ting FLMA floodplain boundaries on the site
plan map, and any plans ta reduce such boundariea.
d. The Applicant shall meet the requirements of the Meridian
Police Department, Meridian Fire Department, Meridian
Sewer Department, Central District Sealth Department, and
the Nampa & Meridian Irrigation District.
e. The Applicant shall meet the requirements of the Ada
County Highway District, which include, but are not
limited to the following:
1. The Applicant shall dedicate 54 feet of right-of-
way from the street centerline of Fairview Avenue
abuttinq the parcel by means of recordation of a
final subdivision plat or execution of a warranty
deed prior to issuance of a building pernu.t, or
other required permits, whichever occurs first;
2. The Applicant shall pave the driveway easement
abutting the site's east boundary its full required
width to at leaat 30 feet beyond the new right-of-
way of Fsirview Avenue and shall install pavement
tapers with 15 feet radii abutting th~ existing
roadway edge;
3. The Applicant shall provide a recorded cross access
easement for the parcels to the eouth to use the
property for access to the public streets prior to
issuance of a bui].ding permit or other required
permits;
4. The Applicant shall locate a 30 to 36 feet wide
driveway on site from the 40 feet easement a
minimum of 40 feet south of the new right-of-way of
Fairview Avenue;
5. The Applicant ahall construct a five feet wide
concrete sidewalk on Fairview Avenue abutting the
parcel, and locate the sidewalk one foot within the
new riqht-of-way of Fairview Avenue; and
6. Other than access point(s) specifically approved by
the Ada County Hiqhway District, direct lot or
parcel access to Fairview Avenue is prohibited.
f. The Applicant shall provide a revised site plan meeting
all staff and agency requirements prior to public hearing
before the City Council.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - P~qe 21.
LYONS AND BAINBRIDGB
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9. The above-conditions are concluded to be reaaonable and
the Applicant shall meet these conditions.
10. It is decided that if the Applicant meets the conditions
stated above the conditional use peranit ahall be granted to the
Applicant; however, if the Applicant fails to meet these
conditions, violates any of the conditione contained in these
Findings of Fact and Conclusions of Law, or violates any of the
Osdinances of the City of Meridian, this Conditional Use Permit may
be =evoked, but only after due notice of auch violation, a hearinq
on the failure, violation or vio].ations, and a written decision.
APPROVAL OF FINDIltGFB QF FACT AND CO~iCI~vBI0~8 OF I.A11
The City Council of the City of Meridian hereby adopts and
approves th~se Findings o~ Fact and Conclusions of Law.
covrrcir.~ Mo~xow VOTED
COUNCILMAN BENTI~RY VOTED
COUNCILMAN ROUNTRBE VOTED
COUNCILMAN TOLSMA VOTSD
l~lAYOR CORRIB (TIL BREAKBR) VOTSD
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Psqe 22.
LYONS AND BAINBRIDGE
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D$CISIOI~
The City Council hereby decides that it approves of the
Conditional Uae Pern+it requegted by the Applicant for the property
described in the Application with the conditions set forth in these
Findings of Fact and Conclusions of Law and that the property be
required to me~t the water and sewer requirements, the Fire and
Life Safety Codes, Uniform Fire Code, parking, paving and landscape
requizements, and all ordinances of the City of Meridian. The
conditional us~ should be subject to review upon notice to the
Applicant by the City. The Applicant shall subma.t, prior to
obtaining a building permi.t, a detailed landscape plan and a
detailed sign plan approved under design approval, both for review
by the City Staff and Staff shall make a recommendation and the
City Council shall take action on the Staff's recommendation.
xariox:
APPROVS • DISAPPROVSD:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
LYONS AND BAINBRIDGE