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HomeMy WebLinkAbout1998 03-03~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 3, 1998 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD FEBRUARY 17, 1998: APPROVED MINUTES OF SPECiAL JOINT MEETING WITH MERIDIAN FIRE COMMISSIONERS HELD FEBRUARY 14, 1998: APPROVED MINU~TES OF JOINT SPECIAL MEETING WITH MERIDIAN FIRE COMMISSIONERS HELD FEBRUARY 21, 1998: APPROVED 1. TABLED FEBRUARY 3, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR VARIANCE FOR ASHFORD GREENS SUBDIVISION BY BRBGHTON CORP012A~ION: TAKE OFF TFiE AGEtVDA 2. DEVELOPMENT AGREEMENT FOR PRESTIGE CARE: TABLE UNTIL IVIARCH 10, 1998 3. TABLED JANUARY 20, 1998: FINAL PLAT: DEVLIN PLACE SUBDIVISION FOR D.W. IIVC.: APPROVED WITH $TAFF COMMENTS AND UPON D/A 4. TABLED FEBRUARY 17, 1998: FISCAL POLICY ORDINANCE: APPROVED W9TH CORREC~IONS 5. TABLED FEBRUARY 17, 1998: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY: IV~CCALL PROPERTIES: TABLE UNTIL MARCH 17, 1998 6. TABLED FEBRUARY 17, 1998: DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION NO. 1: TABLE UNTiL IIAARCH 10, 1998 7. TABLED FEBRUARY 17, 1998: DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION: TABLE IONTIL MARCH 10, 1998 8. FINDINGS OF FACTS AND C06VCLUS90PIS OF LAW FOR REQUEST FOR A VARIANCE TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED IN ~ :.• RAMA SUBDIVISION BY: B-11 L.L.C.: APPROVE FINDINGS - APPROVE DECISION 9. DISCUSSIDN OF STUB STREET NEEDED IN CROSSROADS NO. 6 ~ SUBDIVISION BY: LARRY~SALE - ACHD: TABLE UNTIL MARCH 17, 1998 10. DISCUSSION OF NORTHEAST CORNER OF EAGLE & USTICK BY: BECKY BOWCUTT: C9ET MEETING SET UP WITH ALL PEOPLE 11. PUBLIC HEARBNG: REQUEST OF A REZONE OF .36 ACRES FROM R-4 TO L-0 BY KEITH ~ CATHY THURGOOD: APPROVE FINDINGS - APPROVE DECISION - CITY ATY'ORNEY TO PREPARE REZONE ORDINANCE 1'2. PIJBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER BY JODI FIFE: CITY ATTORNEY TO PREPARE NEW FINDINGS ~ 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A - PLANNED UNIT DEVELOPMENT - NW CHERRY LANE VILLAGE NO. 1 BY STEINER DEVELOPMEIdT: CITY ATTORNEX TO PREPARE NEW FINDINGS 14. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVfSION BY STEINER DEVELOPMENT: TA~LE UNTIL MARCH 17, 1998 15. REQUEST FOR APPROVAL OF MERIDIAN TRANSPORTATION TASK FORCE COMMITTEE MINUTES HELD JANUARY 7, 1998: APPROVE 16. RESOLUTION #161- FEES FOR RESERVATION OF AND USE OF MERtDIAN PARK FACILITIES: PREPARE PllBLIC HEARING FOR FEE INCREASES 17. WATER/SEWER/TRASH DELINQUENCIES: APPROVE 18. APPROVE BILLS: APPROVED 19. DEPARTMENT REPORTS: 1. GARY SMITH: REQUEST FROM MARY CAHOON TO CONNECT TO MERIDIAN CITY WATER: APPROVED 2. SHARI STILES: UPDATE ON HIRING SOMEONE: 3. KEITH BIRD: ~ RECOGNITION OF TOM JOHNSON AND ZACK DAVIS: • ~ 4. GLENN BENTLEY: UPDATE ON MERIDIAN SIGN ORDINANCE COMMITTEE: NOT A COMMITTEE 5. JOHN PRIOR: A. CHERRY LANE LID: B. CODE ENFORCEMENT OFFICER 6. CHARLIE ROUNTREE: A. APPRAISAL FOR PROPERTIES JOINTLY OWNED BY CITY AND RURAL: CI'TY ATTORNEY TO INITIATE APPRAISAL B. C1TY CLERK/PUBLIC WORKS TO DEVELOP CONCEPT FOR NEW CITY HALL: 7. BOB CORRIE: A. ADA PLANNING ASSOCIATION MEMORANDUM ~F AGREEMENT: RESOLUTION C~ ~ MERIDIAN CITY COUNCIL MARCH 3, 1998 The regular meeting ~of the Meridian City Councit was called to order by Mayor Robert D. Corrie at 7:33 P.M. MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Glenn Bentley, Keith Bird, Bob Corrie. OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon, Will Berg, Katrina Pomerteau, Kasha Lawrence, Wendell Lawrence, John Alverson, Bryan Oakes, Sue Peckham, Dean Fife, Jennifer Bell, Jodi Fife, Donna Kreizenbeck, Joe Stafford, Gordon Margulieux. MINUTES OF PREVIOUS MEETING HELD FEBRUARY 17, 1998: Corrie: Council members, you have the minutes of the last meeting, February the 17tn are there any corrections or alterations on the minutes? All right I will entertain a motion that they be accepted. Bird: Mr. Mayor, I make a motion that we accept the minutes of February 17th meeting. Anderson: Second. Corrie: Motion by Mr. Bird, second by Mr. Anderson that we accept the minutes of February the 17th. Any further discussion? All those in favor say aye. j MOTION CARRIED: All ayes. MINUTES OF THE SPECIAL JOINT MEETING WITH MERIDIAN FIRE COMMfSSIONERS HELD FEBRUARY 14, 1998 and FEBRUARY 21, 1998: Corrie: You the minutes of the special joint meeting of Meridian. Fire Commissioners held February the 14t'', 1998, and the minutes of the special joint meeting of the Meridian Fire Commissioners held February the 21 St, 1998. Bentley: Mr. Mayor, I move we approve the minutes from both those meetings as a consent agenda. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we accept the minutes. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. Meridian City Council ~ ~ March 3, 1998 Page 2 Corrie: At this time, I would like to welcome Scout Troop #166 and #174 here tonight, and have you see how the city government works and we do well for you tonight. ITEM NO. 1: REQUEST FOR VARIANCE FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Council, is there anything on that one that you have? Mr. Crookston? Crookston: I have not changed the Findings of Facts for probably two years, and we're just waiting on how we want to do things, and things like #hat. So I have recommendation. Rountree: Mr. Mayor, I think there is a couple of things that apply here. One is the length of time that we've had those findings. Two is that some of this land has changed hands. Now, I think with Steiner Corporation, and three, I.think there's some issues writh the golf course that need to be resolved with respect to some of these culverts or not culverts. I would suggest that we take this item off our agenda, get Brighton, Steiner, the city and the golf course together, see where it is they want to go as of this date and press on. There may not even be a variance request at this point in time. I would make that a motion. Bentley: Second. Corrie: Okay, motion made by Mr. Rountree and second by Mr. Bentley to take item number one of the Brighton Corporation off the agenda. Any further discussion? Hearing none, I will take the vote. All in favor say aye. MOTIDN CARRIED: A11 ayes. ITEM NO. 2: DEVELOPMENT AGREEMENT FOR PRESTIGE CARE: Corrie: Shari, comments. Stiles: Mr. Mayor and Council, Mike Valentine did a very thorough job going through the findings of fact on this and incorporating those as Exhibit "B". I'rn not sure if Wayne has had an opportunity to totally review that. Crookston: I have not. Stiles: There are some issues not only on this, but on the items number six, and seven. On nurnber six, Turnberry has requested some changes that I have not seen yet, and the Econo Lube, I have not revised that yet to include - to remove the Tucknesses and put Econo Lube Subdivision or the owners of Econo Lube as the owner. I would like to ask if the Council would entertain the thought of getting the latest copies of these by this Meridian City Council • • March 3, 1998 Page 3 Friday and being able to review those at a special meeting prior to the Planning and Zoning Commission meeting on Tuesday. If that's at all possible. Rountree: Just a question. You are talking about item two and item seven on the agenda this evening? Stiles: Item two, six and seven. Rountcee: Will all your comments and issues be resolved between you and Wayne and the applicant? Stiles: If Wayne and I can meet tomorrow or Thursday, we could have those to you by noon on Friday, and if we need to meet with Mike Valentine. Turnberry, I'm not sure if that's going to be resolved by that time, but the Econo Lube and Prestige Care issues should be resolved by then. Corrie: It would~ be the 17th of March when it would be brought up. Bird: No, she wants to do it the 10t" instead. Corrie: Theirs is next Tuesday, the 10tn Bentley: She wants to do it before that meeting. Corrie: We don't have much say about that one. That's a Planning and Zoning decision. I suppose they could - have you talked to the Planning and Zoning? Stiles: What I'm asking is if you would consider a special meeting of the Council prior to that meeting. Corrie: Oh, Pm sorry. ~ Bird: When Shari? Stiles: Either six o'clock on the 10tn Bentley: t can't make six. Stiles: 6:30? Bentley: 6:30. Rountree: That's fine with me, but you are committed. Stiles: Yes or I'll be committed. Meridian City Council ~ • March 3, 1998 Page 4 Bird: Everything will be ready? Stiles: Yes. Bentley: Or we will commit you. Corrie: There's something the 10th that - no, thaYs been cancelled. That's was over at Kuna, so I'll be here. So if you would like to do that, that would be fine. Bentley: If thaYs the case, everybody is agreement. I'll make a motion that item number finro, number six, and number seven will be tabled until the special meeting on the 10th of March: ~ _ Anderson: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Anderson that we table items two, six, and seven to a special meeting March the 10"' at 6:30 P.M. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM N0. 3: FINAL PLAT: DEVLIN PLACE SUBDIVISION BY D.W. INC: Corrie: Is the representative from Devlin Place here this evening? Gary. Lee: My name is Gary Lee with JUB Engineers in Boise representing Dan Wood at D.W. Inc. As most of you know, this particular project has been approved from the preliminary plat basis, and has been scheduled for final plat for the last four or five, maybe six months. And it's tied directly to item two on your agenda this evening. That's the development agreement wi#h Prestige. This particular piece of property is a portion of the overall project encompassed in Prestige properties. Basically Dan is here tonight hoping to acquire final plat approval, and even it's contingent upon that development agreement being acceptable to the City, and the owners of Prestige properties, so he can proceed with at least some irrigation tiling that he needs to get done prior to live water coming into the ditch. So I'll just briefly go through a short presentation. I know it's been a while since Council has seen this preliminary stage. There are thirty nine single family lots on this development of about 12 acres. Three common lots. It's in an R-4 zone. All the lots will be 8,000 square foot minimum. Some will be a little larger than that up to about 10,000 feet in the cul-de-sac areas. The density there is about 3.2 per acre over all on the parcel. It's surrounding on the northeast and west by R-4 zoning so it fits in that general use in that area. There's one piece of R-T or county zoning right up in the northwest corner of the property. And it's currently being used as farm ground. Part of the Prestige development will include a future park site north of Chateau Drive which is basically the north boundary of Devlin Meridian City Council • • March 3, 1998 Page 5 Place Subdivision. There will be a couple of lots within this development that will be multi purpose lots for storing water drainage retention and they will be landscaped for an open space. There will also be a tong slender common lot along the west boundary to include pathway for pedestrian traffic and for access by Nampa Meridian Irrigation District. That's basically the scope of the project. I know you've got the maps before you and some of the comments. We've received the City Engineer's comments on the final plat and reviewed those, and there are really no concems that we have. We'll resolve all those issues with the City's Engineering staff. If you have any questions, t'd be glad to address those fhis evening. Corrie: Thank you. Council, any questions? Thank you Gary. Council? Bentley: I have a question for Gary and Shari. I know you spoke before on this, but is everything been answered and taken care of to your satisfactions on this? Stiles: Councitman Bentley, Mayor and Council, all of my concerns have been met on this project. Smith: Councilman Bentley, Mayor and Council, I haven't received a written response to the comments, but the applicant's engineer just stated that he didn't have a problem with our comments. So 1 wouldn't expect that we will have any problems at all. Bentley: Okay, thank you. Rountree: Mr. Mayor, I would move that we approve the final plat for Devlin Place Subdivision subject to all staff and agency comments and the completion of the development agreements. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 4; FISCAL POLICY ORDINANCE: Corrie: Council, you have that ordinance in front of you with the new additions and printing. Any questions for the attorney, staff on that ordinance. Bentley: My question is concerning the amount of time from when we close the books and give them to the auditor, is that going to be sufficient amount of time of thirty days? Crookston: That I can't really advise on because I don't have anything to do with the budgeting - budget process. I don't know if that's su~cient amount of time or not. 1 Meridian City Council ~ • March 3, 1998 Page 6 think that that needs to be discussed. It seems to me personally myself to be rather quickly, but thaYs totally up to the Council. Corrie: Would you like to see it changed to sixty days or ninety days? Bentley: Well, personally, I'd like to see it done in thirty, but I don't know if it's obtainable. Bird: I think it can be done if you are doing business. If we want to we can bring it back the ofher way, get it out - get it to them before the first of December. Give them November 15th cut off for them to get it to them. Pretty soon, we'll be down to six months after the fiscal year looking fo~ an audit. Bentley: I mean, I am comfortable with it, but it's just - Rountree: I think iYs a good goal. Bird: Mr. Mayor, I had another question. On the October 20th, that wasn't a cut off date as I understood it. That's the final day we pay the bills for that fiscal year. Actually September 30th of every year is our cut off date. - of actual making bills. We've got until the 20th to plan. That was the intent I had on that. Corrie: ThaYs on page four. Bird: Page four, second paragraph. Corrie: It says October 20th shall be the cut off date for bills that will be paid by the City. You thought it should be the 30tn~ Bird: Well, the 30~h is the actual cut off date. The 20~' of October is when we will pay the last bills. S.o some department don't get in a bill that ordered and received before October 1St and don't get the bill in to the treasurer by the 20th and then that bill is going in this year's budget. Bentley: Mr. Mayor, Keith, would it be appropriate to state it October 20~h shall be the cut off date for late bills? Bird: I have no problem with the Glen, but I think the state statutes says that the cut off date for bills is September 30tn Bentley: Well, what I was referring to is late submittals. Bird: Yeah, that's what I had planned here. That's what I thought the 20th was Glen. If they don't get - you know, if a bill don't get to them until the 10th of October, even Meridian City Council ~ • March 3, 1998 Page 7 thought they've had it before the first of Qctober, then that's - you give them until the 20"' to get in here and pay it. Bentley: Well, would it be appropriate then to state October 20th shall be the cut off date for late submittal of bills that will be paid by the City in the current fiscal year? Bird: I'd buy that. Rountree: I would like to make a comment on that sentence. It actually should be the previous fiscal year, not the current fiscal year. Corrie: Counsel, would that suffice on that ordinance to cover the state code too? Crookston: I believe it would, yes. I mean pretty much we are doing some things in this ordinance that are not specifically stated in the Idaho State Code, but they pretty much well founded in the state code. These are things that are pretty much at the Council's desire. . Rountree: Mr. Mayor, page finro, fourth line. The City Treasure, I wish we had one, should be the City Treasurer. And the next word should be shall. Crookston: Where's that? Rountree: Fourth tine, page two. Page three, the fourth line talks about monthly budget statements shall be submitted to fhe City Council prior to their first monthly meeting. Probably to get a current monthly status it would be better if we had that on that on the monthly meetings since P.O.'s and what not are signed the first week of the month. We'd be closed out for that month, the second meeting. So I would suggest that there ficst monthly be their second monthly meeting or no later than ten and insert working days. On page three, section 16-103, the second line suggested wording would that fhat the City TreasureNCity Clerk shall submit a tentative budget to assist the City Council in budget preparation. Add "assist" and °in budget preparation." That way it doesn't appear that we are opting out of our duties, but getting some assistance. Corrie: So it should be Treasurer/City Clerk shall submit a tentative annual budget to assist the City Council. Rountree: --In budget preparation. The last item on that page, item three, depreciation costs, I would suggest that we strike the language after that and insert, "depreciation cost for enterprise assets." Since those are the only assets that we depreciate at this point in time. I have a couple more. ~ Bear with me. f want to get this done tonight. Page four, we got the one sentence about the cut off squared away. The sentence before the indented paragraph, "balances that are carried over shall go into" strike general fund and insert appropriate fund. Enterprise monies cannot go into the general fund so it will have to be identified. And on the last page, page five, a suggested Meridian City Council ~ • March 3, 1998 Page 8 change in the wording on performance audit. The first sentence I suggest would read, "As the City Council deems necessary, the City Council shatl appoint a certified CPA firm or consulting firm to conduct a performance audit for all specified departments. The reason I suggest that change is the way it's written now, it leaves it pretty tight that we would have to do a performance audit every two years on all departments. An expense that we may not need to incur if we see things are working just fine. So I think that gives us the discretion to choose when we need to do a performance audit as opposed to having us have to do one. That's all I've got. Cor.rie: Any other corrections? Mr. Bentley. Bentley: On page three, with Councilman Rountree's correction to the second monthly meeting for no later than ten days from the end of the month. There isn't ten days from the end of February. Rountree: You are right. We'll have to add a day. Bentley: Well, we can do that next year. Rountree: That could be changed prior to the end of the month. (inaudible) Rountree: That still wouldn't fit. Bentley: February is a short month. Anderson: What's wrong with prior to the second monthly meeting, leave out the - Rountree: Just strike that whole reference. It gives them another two weeks to get it done so there's no out there. Corrie: So you are striking out - no later than ten working days from the end of the month. Rountree: Correct. Corrie: Any other corrections? Berg: I just want to ask the reference to a budget statement, you are referring to the expenditure report and the revenue report. I mean that's a specific ones we are looking, and that's what is hard to get a current statement in that short of time, but that's the reports we are concentrating on. Rountree: Right. Meridian City Council • • March 3, 1998 Page 9 Berg: Okay, thank you. Corrie: Okay, are you ready for me to read the ordinance part of it? Rountree: Please. Corrie: What's the ordinance number? 788. Okay. I believe you are correct. That's the otd one I have here. All right. Ordinance No. 788 is an ordinance of the City of Meridian adopting a new chapter in title one of the revised and compiled ordinances of the City of Meridian to be known as, "Fiscal Policy" to set fortfi and establish for the City Council, City Commissioners, Appointees, Employees, and other people associated with the City of Meridian the following: Budget policy, fiscal year, monthly budget, annual budget, audits, and performance audit; and providing for an effective date." Now, is there anyone in the audience that would like to have the Ordinance No. 788 read in its enticety. Okay. Councit? Bentley: I move that the City of Meridian adopt the amended ordinance no. 788 with #he suspension of rules. Bird: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we adopt ordinance no. 788 with suspension of rules. ROLL CALL VOTE: Anderson, yea. Rountree, yea. Bentley, yea. Bird, yea. MOTION CARRFED: All yea. Corrie: Ladies and gentlemen, we have got that under our belt there just about. 1TEM NO. 5: REQUEST FOR INSTALLATION DF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY: MCCALL PROPERTIES: Corrie: ts a representative frorn McCall Industries here tonight? Council, we are just about to get a handle on this one. Mr. Van Auker is send Mr. Sahm a representative in about another week will be here and meet with me, and we are going to see if we can't get that 600 feet of property taken care of. If we can't we may have to go another route. I think from all of the implications that they gave me at that meeting that they would probably have that taken of b~ two weeks. So I would ask the Council to give us another two weeks --- the 17 of March and we should have that all finished. Rountree: Mr. Mayor, do you have a date certain on that meeting? Meridian Cit Council ~ • Y March 3, 1998 Page 10 Corrie: I don't, no. Mr. Sahm's representative had some surgery done in California. He said it would be two weeks. It's been about two weeks now. So I would assume it would probably be next week. That's the best I can do. I don't know how the surgery came out or what he had. He's eighty finro years old. I didn't ask him what he was having. But he's suppose to get back and Mr. Van Auker is getting all the figures ready for him by next week. Bird: Is that property - isn't that on the west end, that six hundred feet. It don't come down the road at all. It goes over to the - Corrie: Yes. It just goes right to that property and they have an easement that can go down the road if they wish. Bird: t'll make a motion that we table this until March 17th meeting. Bentley: Second. C.orrie: Okay, Mr. Bird motioned that we table this one until March 17th and second by Mr. Bentley. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 6 AND ITEM NO. 7: DEVELOPMENT AGREEMENTS FOR TURNBERRY AND ECONO LUBE: Corrie: Okay, number six and number seven has been tabled previously. ITEM N0. 8: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A REQUEST FOR A VARfANCE TO REDUCE THE NUMBER OF PARKfNG SPACES REQUIRED IN RAMA SUBDIVISION BY B-II: Corrie: Council, you have those findings of facts ,in front of you. Questions? Rountree: I have none. Bird: I have none. Corrie: Okay, then I will entertain a motion on these findings of facts and conclusions of law. Rountree: Mr. Mayor, I move that City Council hereby approves and adopts the findings of facts and conclusions. Bird: I'll second it. Meridian City Council ~ • March 3, 1998 Page 11 Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we accept the findings of facts and conclusions of law as printed. ROLL CALL VOTE: Bird, yea. Bentley, nay. Rountree, yea. Anderson, yea. MOTION CARRIED: Three yea, one nay. Corrie: I will entertain a motion on the conclusion. Rountree: Mr. Mayor, based on the findings of facts and conclusions of law, iYs decided that the application for the from 11-2-4014 off street parking is approved, but there shall be no trailers, tractors, or commercial induStrial vehicles parked on the City Streets. Bird: Second it. Corrie: Motion made by Mr. Rountree, second by Mr. Bird with the conclusions read. All those in favor of the motion, say aye. MOTION CARRIED: Three ayes, and one nay. ITEM NO. 9: DISCUSSION OF STUB STREET NEED IN CROSSROAD N0. 6 SUBDIVISION BY: LARRY SALE - ACHD: Corrie: I don't see Mr. Sale here. Is there a representative from ACHD here? Council, is there anybody that knows - Mr. Rountree? Rountree: I don't know what there status is, but how about the developer or the owner of the subdivision? Is there a representative here? Corrie: It was a discussion that was requested by Larry Sale, I presume. Was it not? Rountree: He indicates in his letter that they are in agreement with this request, but I'd certainly like to have one or the other before us before we took action on it. Corrie: Is there anyone here from Crossroads Subdivision No. 6? Mr. Rountree, what is your pleasure there? Rountree: Mr. Mayor, I would move that we table this request until our next regularly scheduled meeting, March 17tn Bird: Second, Corrie: Motion made by Mr. Rountree, second by Mr. Bird that we table item number nine until March 17m. Any further discussion? Meridian Cit Council ~ ~ Y March 3, 1998 ~ Page 12 Rountree: Just one point. Have Shari or Gary let Larry know that we would like to hear from somebody. Corrie: Further discussion. Hearing none, all those in favor, say aye. MOTION CARRIED: All ayes. Berg: Councilman Rountree, I will make sure that I try to get a hold of the developer or representative to be here also, and so he would have at least some input. Rountree: I'd like to hear from bofh of fhem. 1TEM NO. 10: DISCUSSION OF NORTHEAST CORNER OF EAGLE & USTICK BY: BECKY BOWCUTT: Corrie: Becky. Bowcutt: Thank you members of the Council for giving me the opportunity to come before you this evening and discuss this issue. Just to kind of explain a little bit of history for us, especially for the new council members that possibly weren't involved in what transpired, and I believe 1993, '94. When the City of Meridian revised their impact boundary, this particular area here that you see cross halves with this 33 in it. This would be Eagle Road. This cross street here is Ustick. This is north. This particular area was designated to come out of the City of Meridian, and go into the Boise Area of impact. The reason being is the fact that the City could not physically sewer that area. At that particular time, I was working for the property owner when all this middle parcel here - we spent I believe about a year getting the City Council to consent to removal of that property from their impact area. And then getting the City of Boise to consent to take it into theirs and then getting Ada County to consent to that change. During that time, we went through a lengthy process. There was a lot of animosity problems associated with the lack of willingness to sit down to a round table discussion and discuss the differences. I know there's been some bumpy roads since that time. And the reason 1'm here fhis evening is to discuss this parcel right here. It consists of 40 acres. It's owned by Mr. Caven. They also own the adjoining 80 acres that runs this north south direction here which is within the Boise area of impact. So technical~y they have 120 total acres, but yet split by the impact boundary. We are basically here to try to open up some dialog, possibly to get sorne guidance from the City Council on what their feelings are towards this particular parcel, and this controversial issue. We spent a substantial amount of time and money to evaluate the sewer and water situation in this area. What has prompted our evaluation is the Eagle Road rebuild. We went out to the Caven property. This was the 40. Here's the adjoining 80. This is a Boise City limits right here. And this is an existing subdivision that I did call Cameron Place. We did a topographic survey of the entire 120 acres. Boise City sewer was extended here a 15 inch. Then with the Eagle Road ~ ~ Meridian City Council March 3, 1998 Page 13 rebuild, Boise City extended that an 8 inch sewer line to this point right here. It's within 50 feet of Mr. Caven's northern boundary. This is an 8 inch line. The distance in which this tine can serve is basically to this point here. It cannot extend any further. By the time we get to this point here, we've got, I believe, a little over three foot of cover. There's a 15 inch sewer trunk line in this stub street here, and an 8 inch here. This 15 inch on their facilities plan for the City of Boise is targeted to be extended through this parcel like this down here to Ustick Road. But what we wanted to confirm was the possibility of sewering this parcel. This 15 inch. We'll sewer this, also this 8 inch. United Water services this area and United Water is in Eagle Road. So we went and looked at #he City's facility plan. There's the 40. Here's the 80 acres. The 40 as you can see in orange. This is the Boise City Area of Impact. Mr. Caven's 40 is the only parcel north of Ustick and East of Eagle Road. It's basically isolated right here at this intersection with the Boise Area of Impact wrapping around it like that. As we go south, this is Meridian's Area of Impact. And over this direction here. The closest facilities - fhis is Summerfield Subdivision here at Locust Grove and Ustick. There's a line here. What I was told from the public works department, is that line does not have the depth nor the capacity to be extended to service Mr. Caven's property. What I've been told in the past, I believe that line was extended here because it can serve as part of the Davis property which is a large parcel here, but there's a breaking line here on how much it can service. So .I believe that was the intent of taking that line to that point. Mr. Caven would have to come down and this is the south slew sewer trunk. This is Chamberlain Estates here on fihe east side of Locust Grove. The sub-line which I think it's an eighteen inch and it's approximately eighteen feet deep here would have to be extended along the slew as you see here in brown and extended to Eagle Road and then extended up to the Caven property. To my knowledge, no easements are in place for this trunk line at this time. We calculated that particular distance, and iYs approximately 6,000 linear feet of 18 inch line to take it up to this particular point here. If one were to come here and say well we'II take it up this right angle and go that direction, you only save just a few hundred linear feet. The costs for extension of that line and then we have to take water 3500 feet to this parcel here, would be approximately $400,000 based on our estimates. Just to service this 40 acre parcel. There will two bores required in Eagle Road. One of the questions that 1 wanted to ask if the City has provided any sleeves or crossings across the Eagle Road because we will not be allowed to cut that. That can only be bored. And I know it's going to be a seventy foot section. I think there's 120 feet of right-of-way. Those particular bores we estimate the cost to bore fhat Eagle Road will be $40,000 to $50,0000. The other issue that we looked at was the fact that Mr. Caven even said well, we believe it is fiscally possible to extend that sewer even if he extended it, he's not contiguous to the City limits of Meridian. So therefore, obviously as you well we could not get sewer or water service without annexation. We counted the number of parcels we'd have to go through to take the sewer out there. Depending on who would cooperate and who would not, there would be between nine and fifteen property owners. One would have to deal with. These are approximately acre lots. If we had to get easements from all of these people, fhe count would be about 15 parcels. If we could get this parcel here to grant us an easement for this stretch, then you'd have about nine different easements. My past Meridian Cit Council ~ • Y March 3, 1998 Page 14 experience with acquiring the easements for the trunk line to take across Interstate 84 over by Eagle Road and Overland we had to deal I believe there were three property owners. It took us months and a considerable amount of expense on my time and then the developer ended up having to financially compensate some of those property owners in order to acquire the easements. The City's policy in the past has always been if you want the sewer, then it is your responsibility to go and acquire the easements. If it costs you money that is not reimbursable in your late comer agreements. Some of the other cities those costs are reimbursable in your late comer agreements, but not with the City of Meridian. So technically, Mr. Caven has some individuals with that many property owners that we are asking for considerable amount of money it could cost him a half a million dollars to get to that point, which just isn't cost effective to serve 40 acres. If he had a large parcel that was solely in the City of Meridian's impact boundary' such as the entire 120, then fhat makes more sense. One of the other things that we looked at was where the growth has been over the past few years. So if one were to kind of sit and wait it out, to see if possibly other property owners would come on line and extend that sewer. This was done in 1993. As you can see, Summerfield did not exist and there are no subdivisions here. There are subdivisions in this particular area. This current assessors map that we obtained shows - says December of 1993 which is just a little shy of ,five years. The only eastward deveiopment has been this here and the Summerfield. So one of the things that is of most concern to Mr. Caven is what type of reasonable tirne would he have to wait in order to obtain city services. If they've only gone just basically this quarter mile, it could take in excess of ten years, possibly fifteen years for fhat sewer to get over to that area. So we are asking for the City to kind of give us a little bit of guidance on how they would feel about this issue. If they would be willing to possibly sit down to a round table , discussion to consider possibly allowing this parcel to go out of the area of impact. I know one of the concerns is well, if we let this one, then who will be next? Is everybody going to run to whomever has fhe closest sewer. Well, the ~ewer facilities that we are utilizing can't go beyond Mr. Caven's property. We've proven that. The Meridian sewer based on our calculation could service this property, but we are only estimating because 1, don't have a topographic -survey through all of these parcels. If we are going off of this invert here, and then obviously the elevation at his most northern boundary. On your existing facilities map that we received from the public works department, there is a diagonal line drawn through this parcel as you can see right here. This diagonal line through there. My questioning of the public work staff, they said well, we believe that that's because there is kind of a drain that runs in a east west direction and we can't serve north of that area based on the original JUB preliminary sewer study, so I have some concerns and some questions whether the feasibility even if the sewer were brought there, would work. Our estimates is we believe so. The City's preliminary estimates is no they don't think it would service probably the top northern one third. Corrie: Okay, council? Rountree: I welcome an opportunity to sit down and talk about it, but I'm not particularly open to just arbitrarily saying I'll allow it to go to another impact area. Particularly after Meridian City Council • • March 3, 1998 Page 15 the difficulty we had in getting those lines drawn, but yeah, I don't have any problem with sifting down with our staff. I don't know about the rest of the councilmen, but I think thaYs something that we should do. Bird: 1 have no problem with it. I think it would be very good. Anderson: I'd like to sit down. Bentley: I would not be (End of Tape) -- against talking about it. I like Charlie was in on all the discussions on getting the area of impact changed, and I woutd right now be opposed to letting any mare land go. The fact that Boi.se only has an eight inch sewer there, doesn't bother me in the least because I know the southwest, they need a four foot sewer and they only sent a two foot out. So we know what the plans is going to be for the southwest. They are going to run anofher two foot line out there. So just because they stopped at an eight inch line, doesn't' mean anything to me. Bowcutt: I understand. Could we possibly make some arrangements to how the City of Boise come and sit down on these discussions? We have discussed this with them. They are obviously sensitive to the past problems and they said we would not even consider such a change obviously without the consent of the City of Meridian. We've also explored some other ideas. If the City is extremely opposed to release of this area from the impact boundary, that would be an agreement for temporary service. I've been involved in multiple projects where Garden City limits; yet we use Boise City sewer. There is an extraordinary assessment fee charged to the property owner of the developer to utilize obviously the treatment plant outside his impact boundary or city limits. There's an agreement signed by both city entities. They share in the hookup fees. It's a pretty lengthy document. I've drafted, I think, finro of them total. We've had I believe about three projects where that situation did occur. Something like that may be more palatable. It's a temporary si#uation. And then unfil such time as the sewer is extended out in the area, then they would change service to the City of Meridian, or they could stay on Boise long term. The property obviously would have to be developed under Ada County since they do have primary jurisdiction, but the plat would come before the city as secondary jurisdiction require the city's approval. It's complicated, but it has been done. Corrie: It sounds like the Council wants to - willing to sit down and discuss it with you. Do you want us to set a time tonight or later - Rountree: I guess my preference would be to have Becky go ahead and do the leg work and try - there's a lot of players - pick a couple of dates later on this month or next month, early ne~ month where you can get sounds like four, five, six entities together. Bowcutt: Okay. I appreciate this. Thank you. Meridian City Council • j~ • March 3, 4998 Page 16 ITEM N0. 11: PUBLIC HEARING: REQUEST OF A REZONE OF .36 ACRES FROM R- 4 TO L-O BY KEiTH AND CATHY THURGOOD: Corrie: At this time I will open the public hearing and invite the representative of the request to come forward. KEITH THURGOOD 236 W. CHERRY LANE WAS SWORN BY CITY ATTORNEY.~ Thurgood: Any questions to me first off? Rountree: I just ask Mr. Thurgood if he has read and comprehended alt the terms and conditions of the findings of facts that we have from planning and zoning and if you are in general agreement with those? ~ Thurgood: Yes, we have. Rou~tree: I have nothing else. Corrie: Any other council have any questions? Bird: None. Corrie: Do you wish to say any more? Thurgood: Not necessarily unless there's any questions that I need to address. Rountree: Plans sfill the same? Thurgood: Yeah. I guess I do have one question that I wasn't real clear on. Is there still another hearing that we attend for findings of facts after this meeting or is this the last? Corrie: Probably not if they accept the facts and (inaudible). There's no more testimony against it or anything else or cause to send it back for re-evaluation, we can work off these. Thurgood: Okay, thank you. Corrie: Is there anyone else from the public that would like enter testimony on this request? Council, questions? Staff, questions or problems with this? Mr. Bentley, do you have something #o say? Bentley: Are we done? Corrie: Okay. At this point, I will close the public hearing. Meridian City Council • ~ March 3, 1998 Page 17 Bentley: Mr. Mayor, I move that the City Council City of Meridian hereby a~opts and approves the findings of facts and conclusions of law as presented by Planning and Zoning. B~ird: ('ll second it. Cocrie: Motion made by Mr. Bentley second by Mr. Bird to accept the findings of facts as approved by the Planning and Zoning. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All yea. Bentley: Mr. Mayor, the City of Meridian hereby approves the rezone of the request by the applicant for the described property in the application with the conditions set forth in fhe findings of facts and conclusions of law, that the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform building code, and ofher ordinances of the City of Meridian, that all parking areas shall be paved. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird on the decision as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Mr. Mayor, I make a motion to instruct the city attomey to prepare an annexation ordinance. Crookston: Let's do a re-zone instead of annexation. Bird: Second. Corrie: Motion made by Mr. Bentley for ordinance of re-zone, second by Mr. Bird. The politically correct. All those in favor say aye. MOTION CARRIED: All aye. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY C~ARE CENTER BY JODI FIFE: Corrie: I'll open the public hearing and ask you to come forward to give us your request for a conditional use permit. Meridian City Council • ~ • March 3, 1998 Page 18 JODI FIFE 324 W. STATE STREET, EAGLE, IDAHO WAS SWORN BY CITY ATTORNEY. J. Fife: Okay, I've sent Mr. Berg a letter on February 17th amending our first application for a day care center of 13 or more children, and we've changed this to a conditional use permit for a group day care for six to twelve children which is more in line with what seems to be what the neighbors would be comfortable with, and what we think would be more acceptable for the subdivision. Since the last hearing, I've had several people contact me that showed an interest in this day care, and are in favor of having a day care in Bedford Place, and I have their narnes here. Also another person who came earlier tonight, but he had to leave, he signed a statement saying that he is in favor of day care opening and that he wants to bring his children in. And this was submitted at the very first, these are signatures of neighbors that live in our subdivision that signed fhis paper saying that fhey were in favor. Are there any questions? Rountree: Mrs. Fife, you indicated that you reside in Eagle. Do you propose to reside at this residence? J. Fife: This is going to be our new home. Uh-huh. Rountree: Your new home, okay. Corrie: Any questions ftom Council? Bird: I have none. Corrie: All right, thank you. Anybody else from the public that would like to issue testimony in this case. KATRINA POMERLEAU 488 E. HAWK WAS SWORN BY CITY ATTORNEY. Pomerleau: Council members, neighbors and I haue discussed this particular day care center and have understood that she has reapplied for a conditional use permit for six to finrelve and we request that she reapply instead of amend that conditional use permit just as to make all parties involved happy and make sure there is nothing lost in the long run down the road. NNothing mistaken. Rountree: Is that your testimony? Pomerleau: Yes. Corrie: Is there anyone else that would like to give testimony on this request? JOHN ALVERSON 520 E. HAWK WAS SWORN BY THE CITY ATTORNEY. Meridian City Councii • • March 3, 1998 Page 19 Alverson: I'm the neighbor that lives right behind where they are building this house, and my wife and mine's biggest concern is the amount of kids that are going to be there. She works Micron - at Micron during the evening. So she tries to get her sleep during the day. With that many kids around, yelling and stuff and having a good time, I'm not against a day care. I think we need it, but the amount of kids really bothers me that she will not get the rest that she needs to go to work and stuff. Another issue we have is where the house is sitting on the lot, from my back property to the back of their house has got to be somewhere around fifteen feet. And I just don't feel there is enough safe room for those kids to be playing out there. I do have two dogs that are out there in the corner back there and the kids go out there and play. The dogs are always going to be barking, and the other neighbors are going to be upset at me because of the dogs. We are in favor of five kids or less in the thing, you know, to help us. We have talked to some of the other neighbors and they are in the same compliance as what we would like to have. She had stated that she had come around and talked to the neighbors about the deal. We were never - she never came around and talked to us before we went before planning and zoning. The permit was turned down through planning and zoning, and then we get a phone call wanting to work together on the deal. She never came to us right up front and stated what her plans were or nothing on the deal. . Corrie: Any questions from the Council? Thank you very much. Anyone else would like to testify in this request? HEATHER BELL 433 E. WAKELY WAS SWORN BY THE CITY ATTORNEY. BeIL 1 was made aware of the day care by a posted sign on the property that was posted after the public hearing was first in January 13th. I didn't see it until after that. I never did - I live less than three hundred feet from the property. I was never given any certified letters. I had to seek for all this information knowing that the day care was going in. We have three children that walk to their school buses, and my concern is the traffic that is going to be going up and down the street, and the kids, -- the employees if she is going to be having any employees, the constant cars there. And I never heard from her. I've never been asked my opinion on this by her. I undersfand that planning and zoning has recommended a denial. And I am not opposed to six kids or less, but over finrelve, over thirteen, I do not want. Corrie: Okay. Any other question? Okay, Heather thank you very much. Anyone else from the public would like to issue testimony? KASHA LAWRENCE 889 N. FILLMORE WAY WAS SWORN BY THE CITY ATTORNEY. Lawrence: My husband and I have a day care for twelve children out of our home in Crossroads Subdivision. And we received a conditional use permit two years ago. We do have twelve children, ten of which reside in our subdivision. A Iot of the children are siblings so you do not have twelve cars if you are licensed for twelve children. We have Meridian Cit Council • • . Y March 3, 1998 Page 20 probably about three households that have finro siblings each. That will cut down on the traffic. We haven't had a problem. We have a bus stop out in front of our house. We have one down to the left and down to the right. Because we are in a year round and a traditional school. There hasn't been any problems as far as traffic, and the children walking to the bus. Children normally catch the bus between 7:00 and 8:00. Most parents don't bring their children to day care until around 8:30. As far as the gentleman that lives in back her, if your wife can sleep through five children, she'll be able to sleep through twelve, because five children will make just as much noise as twelve. 1 believe that Jodi had six parents call her from her subdivision requesting day care. Many of our parents that have been bringing their children to our day care from our subdivision, they walk their children to day care, so you will cut down on the traffic right there. The children are normally outside in the moming for about - we have pre-school in the morning and then they are outside after snack from about 10:30 until 11:30 when they come inside for lunch, and then after lunch they take a nap and they are outside from after nap ends at 3:30. We get all socks and shoes and coats on. Then they are outside from about 3:30 until 5:30 wiien the parents come, and your schedule is pretty close to mine. Jodi's been out to my day care a number of times when we were at capacity. The children are very well in control. They are very well monitored. We have a gentleman fhat works at Micron that lives right beside us. The children's playground backs up right to his fence. He has never had a problem getting his rest. The advantage to having a day care in your subdivision brings to the children in your subdivision far oufinreighs the detriments that it may cause. We are currently in a subdivision that has four other day care in our subdivision that I know about. And I found out that #hose day cares were there, not from seeing traffic, not from seeing children, but from hearing about them through other people. I would have never knovm that there were other day cares in our subdivision. Thank you. Corrie: Anyone else from the public that would like to enter testimony? LAURA COX 2811 N. ANTSTON WAS SWORN BY THE CITY ATTORNEY. Cox: I am one of the parents that called, well actually rny husband did call Jodi about the day care. Right now I take my son whose seven months old to a day care in southeast Boise just because I like him close to work. It's been very inconvenient for the fact that I work sometimes later in the evening, and my husband works construction, and he's constantly out of the city limits of Boise, usually Nampa, Caldwell, and it's very diffcult to go clear across Boise to pick up my son. With having him close to home, it would be a lot easier for him to pick up and share in the responsibility in taking care of our son. And also he is out of town a lot, and 1 depend on my aunt that also lives in Meridian to pick him up, and it is also a lot for her to go across town to pick him up. And I live on Wakely turns into North Anston and the discussion on the traffic, i drive dov-m Wakely every day to go to work. It wouldn't be any different dropping him off at Jodi's house than it would for me to go to work. I don't understand where the concern about traffic is, because I drive through that every day at 7:15 in the morning. That's it. Meridian City Councii • • March 3, 1998 Page 21 Corrie: Thank you, Mrs. Cox. DEAN L. FIFE 324 W. STATE, EAGLE WAS SWORN BY THE CITY ATTORNEY. D. Fife: Addressing a couple of issues that were brought up on the area for play. I think I submitted a plot map showing the play area on the day care. The house was moved to one side, and there is 2500 square feet of play area on that lot for those children to play, and it's off to the side of the house, so there is plenty of area there. The issue of sleeping is no more important to anybody else than me, because I also have a job starting at Micron here in about ten days, so I know what thaYs like. But really don't feel that the noise from the day care is going to be a problem. I was at the lot the other day and there were six, seven teenagers riding their bicycles along the vacant lot along Mr. Alverson's property on the dirt that was pile on the lot next to ours where we are building, and these young gentlemen were riding their bicycles and having a good time up and down those hills, and I really believe that the day care that we will have, most children will be under six years of age. That's the age that Jodi and Jennifer Bell will be watching, and I don't believe that most of you that raise children, that age child makes more noise than teenagers on bicycles, so I think if anything the noise may actually drop down. And also in the subdivision the young lady that testified that has a day care of twelve, she's been contacted by people who are looking to buy property in that subdivision so that they can have their children in the day care. So some people who have brought up in past testimony that it decreases property value, well I don't believe that that's true. 1 don't believe that our house there decreases the property value of the subdivision. That has been brought up. It's a 2500 square home, plus a 900 square foot garage. The day care has 915 square feet dedicated to day care. That's twice the square footage per child that the state requices, so we are meeting all kinds of requirements there. The house has been extremely well insulated. Every wall in the house has been insulated to help keep noise at a minimum. My wife is an ex-Idaho school teacher, and very well at handling children and controlling them and keeping the noise level dovm, and she is aware of the fact that outside is important that they be controlled and be trained properly. She's excellent at that as my five children and my five grandchildren attest to. I think that's all that I wanted to bring up. Is there any questions that I can answer by the Council? Corrie: Thank you. Anyone etse to testify from the public? I was going to give you a last crack at anything that you wanted to say and you've taken it already so that's fine. J. Fife: The child care connecfions I contacted here to see what kind of a- you know, if there was a need in the Meridian area for day care facility, and she sent a letter out. I don't know if all of you were able to see this or not, but she said - I'll just read this one paragraph, it will be easier. "Jodi Fife recently called for information regarding the number of parents needing child care in the City of Meridian who have contacted our agency for referrals in the past several months. According to our records, 58 Meridian area residents have called our agencies for referrals since October of 1997. Of those 48 families were needing child care near their homes, and 16 were willing to look for Meridian City Council • ~ March 3, 1998 Page 22 care near tlieir homes or near a Meridian school, and 55 are looking for a home based child care programs." Out o.f the 58, 55 were requesting more of an in-home rather than a insfitutional type. And I'll let you see that. Corrie: We have it. J. Fife: I think there is a need for this service, and Mr. Alverson's statement at the first hearing said, "I don'Y have a problem with a day care, only the amount of children. The size of the day care is what really has us bothered." I don't know what the benefit would be of resubmitting because we've met all the criteria to this point, and so I don't see a benefit in doing that. Even though we were declined by the planning and zoning commission, they did so I felt kind of reluctantly. Mr. Nelson said, "IYs my personal preference to recommend day cares in neighborhoods. And it looks like the day care in question has a good schedule." And why this was a denial, he thinks maybe it was denied just out of the total number of children that we're going to have there. Is that the main problem? And Mr. Borup said, "For me it is." So seems to be just the size that we first asked for. Mr. Nelson says that because that's only real issue I saw, I wouldn't mind at all having a day care next to my home. And Mr. Borup said, "My initial inclination was to approve it. I think that's something necessary in a residential neighborhood, but I think the concem with most of those who testified was number of children, and my inclination still could probably be towards approval." So they wanted to approve it that night, but then they asked do we have that option of approving it with a maximum of finrelve and then the afitomey said no, we can't do that because it would be overriding what she had submitted for, and then he told rne that I should make a letter of amendment, fhat it had to be me that amended that. So, I feel that they would have approved it that night had we asked for a smaller number of children, and I really see no benefit in resubmitting all of the same paperwork over again, and taking up the council's time with that. I did contact Mr. Alverson, actually I spoke with his wife, apologized to her for not contacting her earlier which I had apologized before. That was an oversight on my part. Being new at this I didn't realize I went within three hundred feet in my subdivision, but 1 didn't think about the subdivision behind me. It seems idiotic. I don't' know. I'm used to working with little children. Da da goo goo, you know. So I did call his wife, and we are very sorry how close came to their fence line is the size of the lot and the way it is situated and couldn't be helped. But we did move our home to one side leaving coom at the side for the yard rather than at the back. Their concern is the back. 1 did some calling and researching around with local nurseries, asking them what they thought that we could do to make some kind of barrier between us, because it does kind of interfere wifh the privacy. And the best information I got was that we should plant - I'm looking for the word - ardivita trees. And this has been successfully done in a couple of day cares in Boise. These trees, they grow to about 15 or 20 feet in height, and they say approxirnately three or four feet in diameter. They can be planted to within one foot of the fence, and they don't overgrow into the fence, but fhey do fill in, and it would make a total barrier there which would help with the sound, and it would make a nice visual barrier too so fhey wouldn't be looking into our yard all the time. They would just see the trees, and I think that would help, and we are perfectly willing to do that at Meridian City Council ~ ~ March 3, 1998 Page 23 our expense. I also told her my schedule which I've made up was just tentative. I am willing to work with her on that. If she has certain hours fhat she sleeps until this time, I'm happy to have the children until after she's had her rest. I'll sit down with her and work out this schedule, and also we have rules. There is no yelling and screaming in the playground. If they make that kind of noise, they have to go inside. They can just play reasonably but no loud. And the oldest children that we want to have in our pre- school is four. When they reach the age of five, then we no longer will be taking them. Just because our personal preference is the younger children, and we are planning to do a pre-school as well as a day care, so a lot of their time will be devoted to learning activities and I turned in a schedule. Did you see my schedule? Do you atl have it? Would you like me to just pass that down? So it does show that we have our time of well mapped out and scheduled and the children are not just free to run in and out , in and out and do whatever they wish. IYs more of a school situation. So - and I am happy to work with my neighbors and I.told her on the phone that I really don't want anyone to be unhappy with me. We want to be good neighbors. We want them to enjoy living in their home as well. We realize they have dogs, and she also needs to realize that I have grandchildren. I have five grandchildren. Even if I don't do a day care, it will seem like I am because they come over all the time, and that's one reason why we built such a big house, because our family has had a baby boom lately, and I want to be able to have them over all the time. And so that's kind of people we are. We just love children, and we want to have them around. I'm sorry if that inconveniences them, but we are willing to work with them in any way that we can. Are there any other questions? Bentley: So you are willing to cut it back to how many children nov~? J. Fife: Our new submittal was up to twelve. That's the - that's called the in-home group day care. Bentley: Also, you heard Mr. Alverson talk about his two dogs, and the fact that they probably would be barking. What's your response going to be if his barking dogs wakes up your sleeping kids? J. Fife: Mr. Alverson is going to find out that I am really an easy person to live with. I don't like anybody to be unhappy with me, and I don't get unhappy with other people. ThaYs just the kind of person I am. So he's not going to find me over there yelling at him about his dogs. I have a little dog too.that wiU probably yap. I mean that's part of community life, and I fihink if Mr. Alverson really wanted a place, she mentioned to me when they bought their home, that whole subdivision was vacant, and that their house was the last one on the road. But they didn't have foresight enough to see that that was going to be filled up wifh houses. It's a subdivision, you know. And if they wanted total privacy, they should have bought a piece that was more out in the country. A bigger piece, or maybe a piece that's more in with retired people, or something - but he's not going to hear from me about his dogs. I like dogs. Meridian City Council • • March 3, 1998 Page 24 Bentley: Has everybody in the surrounding areas, have they seen your work schedule, the schedule you just passed out to us? J. Fife: No, I haven't given it to fhe parents you mean. Bentley: No, to the people within three hundred feet. Did you submit this as part of your tesfimony at P& Z? J. Fife: It was turned in, yeah. They have access to everything I've tumed in. Yeah, Mrs. Alverson said that she had seen that, so she did get that. Bentley: Okay, thank you. Corrie: Counselor, on this request that - second request - can we do it this way or is it going to require to go back to planning and zoning or can we do what we want? Crookston: That's totally up to the council, but we have previously allowed applicants for day cares for other uses to change their application so long as it is a lesser use than they applied for. So it's totally up to the council. Corrie: And my next question about the testimony (inaudible) Crookston: I was not at the initial planning and zoning hearing so I can't tell about that. Bentley: Mr. Mayor, I have a question for counsel. We had someone speak tonight that they are within the three hundred radius but were never notified, and the applicant stated that she didn't realize it was three hundred feet outside of that. Isn't that a legalify issue that's got to be addressed? Crookston: It certainly is because then the people within three hundred feet of the proposed use may not have been notified so that is definitely a real legal problem, because not all the appropriate people were notified of the application then. Bentley: So what would be the proper remedy for that? To reapply? Crookston: Well, that wo.uld be appropriate because the people that should have been notified did not have an opportunity to attend the planning and zoning meeting or this one so that would be very appropriate. Corrie: I have a question, was you the one that made that statement? What is your address? Bell: 433 E. Wakely. Rountree: Mr. Mayor, just a point of clarification. Is the hearing still open? Meridian City Council ~ • March 3, 1998 Page 25 Corrie: Yes, it is. We are checking to see on the list here who - Berg: What I'm looking at here is the list of where we sent the certified mailings. The little discrepancy is other people can own the property, and we send it to their mailing address, not necessarily to the property itself. So I don't have her or her address listed, but that didn't mean that - Bell: I am the property owner. (Inaudible) Berg: Okay, that might be another thing - Shari do you know how fast those things are updated? Corrie: Shari, are you going to be very much longer'? Sfiiles: Mr. Mayor and Council, I'm not sure if the list was provided by the city or by the applicant. The City's just started providing those lists in the last few months. I don't see the actual list in this application. This is Fife. (Inaudible) Stiles: The list appears to have been provided by the City. This is taken directly from the Ada County Records that we get in our - from our GIS system. They are usually about a month behind when we get the information, but this is the same information that anyone would get if they went down to the county so that is the information that we have to rely on when we send out these notices. Corrie: Is that address within the three hundred foot limit? Stiles: Oh, I'm sure it would be, yes. Corrie: It looks like it was within the limits, but it wasn't notified. So - Mr. Bentley? Bentley: Are you going to close the public hearing? Corrie: 1 will if you are ready to - okay, at this point, I'll close the public hearing. Bentley: Mr. Mayor, since there has been some substantial changes in the current findings of facts and in the reduction in the amount of children, and the legal issue on whether everybody was properly notified, I am going to make a motion that we remand this back to P& Z to give fhe applicant the proper time to make sure that everyone is properly notified within the three hundred feet, and then they can address the new changes. Bird: I'll second that. Meridian City Council ~ • March 3, 1998 Page 26 Corrie: Motion made by Mr. Bentley and second by Mr. Bird to remand the hearing back to the Planning and Zoning for hearing. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All aye. Corrie: It goes back to Planning and Zoning with the request for the ~ess and make sure we got everybody within that three hundred foot. We made sure that the City gets the right people this time. (Inaudible - off the microphone) Corrie: It still has to be presented to them by mail. It's a state law. It's not our makings. (Inaudible - off the microphone) Corrie: They are still entitled to the three hundred feet. Whoever owns that property. (Inaudible - off the microphone) Corrie: Charlie, you know more about the Planning and Zoning, what they do than I. I was never on the Planning and Zoning. How does that work? Rountree: Well, the notifications have to be resubmitted. t don't know in terms of bearing the cost, if that's the applicant or the city does it the second time. Shari ought to be able to answer that, but I can't - Corrie: Shari, do you know wtio bears the cost in the second go around. Stiles: Well, I guess it depends on whether it's notice or whether iYs a significant changes that are why you are sending it back to P& Z. If it's the significant change that you are remanding back to P& Z. Corrie: No, we are going back to P& Z because not everybody in the three hundred area did not get the letter. Stiles: Well, I don't believe that was the motion that was made by Glenn. Corrie: It was the motion made by him. Stiles: Was it because you also said significant changes in the application? Bentley: The changes and the ~egal issue. Meridian City Council ~ • March 3, 1998 Page 27 . Rountree: I guess I'd say this, if it's an error on our part, we'll bear the expense. If it's not, then - if sufficient information was provided to the city for the mailings, then the applicant would be the - Corrie: Yeah, but we didn't give you the right area I would assume it's our responsibility. Shari, you better check it to make sure that we didn't give them the whole picture that we needed to check it out. Stiles: I would like to know who the previous owner of the property was. Bell: Scott Reece. Stiles: Scott - how do you spell that? (Inaudible - off the microphone) Rountree: I guess in the interim one aspect of day care is that if you wanted to start with five or less, there is no permit required. I assume you are aware of that. Crookston: There is a permit required. It's just an accessory use. Rountree: You don't go through the hearing process. It's an accessory use. Stiles: I guess I would need to verify from Ada County when this record was posted. Scott Reece does appear as being notified on the list. Corrie: Okay, in the meantime would you check on that and get with these folks and make sure we got that squared off before they go. (Inaudible - off the microphone) Corrie: If who was notified? J. Fife: The owner of the property at that time. Doesn't that cover fhe - Corrie: Who was the owner of the property at that time? J. Fife: Mr. Reece, and he was notified. IYs not really our fault the property sold in the meantime, you see. It shows he was notified. Corrie: Was Mr. Reece, the owner of the property notified? He was notified. (Inaudible) The owner of the property af the time of the application was - Stiles: I would need to verify when Ada County posted that warranty deed. It could very well be that it wasn't posted yet as particularly at year end, we would have had the new Meridian City Council ~ • March 3, 1998 Page 28 information. I believe the Fifes submitted the application in December, and it probably would not have been posted by Ada County at that time. If it just occurred in November. (End of Tape) Crookston: -- I believe that it would, yes. And when they purchased it, the previous owner should have notified whoever bought their property. Becawse all we can be bound by is the owner of record at the time that we gave them the notice. Corrie: So does the council wish to keep the motion active or do you want to - Bird: We can enact upon it tonight then? We haven't done - iYs nofhing - everything is clean? Corrie: If everything is clean, you can act upon it tonight if you want. We have to have another motion to bring it back to the floor. Bird: Do we have to withdraw the other one, Mayor. Corrie: You would yes. I would - it would depend upon the two people that made the motion and second. Bird: I withdraw my second. Bentley: I withdraw the motion. Corrie: Okay, the motion's been withdrawn. Discussion? Rountree: The findings of facts we have before us are for the original application. The original application was for up to 24 children. The recommendation to the City Council by Planning and Zoning after the hearing was to deny this request. That's what we have officially before us. We have a letter of amendment from the applicant, indicating that they would like to amend it to handle a permit for group day care for six to twelve children. There was an issue of notification. In the past that's been a pretty significant issue. We have remanded. things back to hearing beeause of that issue. Apparently it's not an issue here according to the Cowncil. If we have an address on record of the offieial property owner at the time, at least by county records, that address was notified, then thaYs not an issue. Crookston: That would be correct. Rountree: The other issue is the findings that we have for the conditional use are very specific to the testimony that was given, very specific to the number in the application, and I don't think that it would be readily amended this evening. At a minimum if we took action on this to approve it, the findings of facts would have to be amended and then consideration for approval. Meridian City Council • • March 3, 1998 Page 29 Crookston: You have two options. You can have new findings drawn or you could approve the findings that were proposed. It's not up to me to decide which way you go. But those are the two options that you do have. Rountree: The findings as proposed is a d"enial, and my inclination would be to go forth wifh the recommendation of Planning and Zoning on that. I don't have major difficulties with the group day care in this instance, but 1 don't see that the ~findings address that. At a minimum we would have to have new findings. Corrie: Any further discussion? Rountree: I guess my question again would be for counsel that we have had the precedence of accepting amendments to these and other conditional uses when the actual request is less than what was originally proposed. Crookston: That's correct. Rountree: Knowing that I would make a motion that we have new Findings of Facts and Conclusions of taw prepared based upon the testimony received this evening. Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley that new Findings of Facts and Conclusions of Law of the public hearing be addressed. Any further discussion? Not being address, but drawn up. Hearing none, all those in favor of the motion, say aye. MOTtON CARRIED: All aye. Corrie: The new Findings of Facts and Conclusions of Law will be brought up March 17th. . Bentley: Mr. Mayor, I move we take a five minute break. Bird: Second. Crookston: Mr. Mayor, before we adjourn, I have to step down on this next thing, because I am a property owner within 300 feet of this development so I would like to step down. And I'd like to have John Prior step in. I got the letter. (FIVE MINUTES RECESS) Corrie: I'll reconvene the council from the their break. Meridian City Council • • March 3, 1998 Page 30 ITEM NO. 13: REQUEST FOR A CONDITIDNAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT - NW CHERRY LANCE VILLAGE NO. 1 BY: STEINER DEVELOPMENT: Corrie: At this time I will open the public hearing and invite Mr. Bradbury. STEVE BRADBURY 877 MAIN STREET, BOJSE WAS SWORN BY CITY ATTORNEY. Bradbury: IVIr. Mayor and members of the Council, my name is Steve Bradbury. I've been asked to present the application on behalf of Steiner Development. What you have before you is an application for planned unit development and preliminary plat , you should all have a book that looks Jike this. And what I'll do in my presentation is kind of leaf through it and tell you whaYs back there and then we'll get an opportunity to talk about each of the difference parts of the book. The site is an eight and a half acre parcel of property that's east of Black Cat Road befinreen Ustick and Cherry Lane, and if you want to get a feel for the location, if you look behind tab four, three, four pages in you'll find a location map here. Like that. And the piece we are talking about is this irregular shaped piece which is on the southerly end of that .map. Maybe I can show you a bigger board that will help as well. We got the Lake at Cherry Lane 5, 6& 7 over here. Ashford Greens, and then we've got Golf View over here, and the piece we are talking about is right here. As a matter of fact, it's the piece where the golf course club house is. The current one. This piece of property was originally brought to the Council by the developer of the Ashford Greens Subdivision, Brighton Corporation and was part of the previously approved Ashford Greens planned unit development. The Brighton Corporation however failed to exercise their option on this particular piece of property, and my client, Steiner Development, picked it up. In the book, in case you are interested, behind tab five is a copy of the findings of facts and conclusions of law that were adopted by the Council back in September 1994 that dealt with the overall concept approval for the Ashford Greens Subdivision, and what they did or what the members of the Council at that time did, was with respect to this piece of property, gave it concept approval for what was described as medium density development, and that was further described as being for up to eight units per acre. Steiner Development having acquired the property is submitting this application for that purpose in order to - Iet me back up. The Council required that a more particular site plan be submitted for approval by the City, and this application is that more particular site plan. Back to the book for a second. Behind tab one, you will find a summary letter of the application. So if you hadn't had an opportunity to read that, you can read through that at your leisure. Behind tab two, you will find some general project information, just sort of outlines in summary form what the project is all about, and I will go through that a little bit. I already told you that it's on eight and a half acres. The property is presently zoned R-4, but the application seeks approval for 46 total single family units. Now 37 of them would be .single detached. Three of them would be two unit attached structures, so there's three two units or you might call them two unit townhouses. They are described as duplexes but that's not really true because these will on separate ownerships and each of the unit will be on separate lots. And then there's one three unit townhouse Meridian City Council • • March 3, 1998 Page 31 proposed for a total of 46 dwelling units. Now that comes up to a overall density of about 5.6 units per acre which is substantially less than the eight units per acre which was conceptually approved back in 1994. The lot sizes, now you need take your pencil or pen out and fix an error because it's not right, and I will tell you how that happened. The lot sizes range from 3909 square feet up to 8413 square feet. And the reason for that change and one of the reason is that some adjustments were made do.wn in this part of the plat. This is where the temporary sewer easement exists here. It's a twenty foot wide sewer easement, and when the application was originally submitted, the lot calculations included the land within the sewer easement area. The proposal now is to take that out of these lots and make it a separate common lot which would be owned and maintained by the homeowners association to be formed. The other thing that happened is this street here got moved up a little bit. We've kind of rearranged this area in here so that we could make this - take this finrenty feet out of those lots and still have reasonable size lots. So those numbers that are shown there are not right. The ones I've given you are what the engineer calculated earlier this week. The size of the homes are a minimum of 1304 square feet up to 1785 square feet and actually behind tab eight, is a list of the numbers of units for each of those sizes. In other words a size distribution list. And what you will see is that more than half of the units proposed would be in the 1700 or above range, actually iYs 1699 square feet. We probably should find another foot so we can call it 1700, but 1699 and 1785, there'd be 25 of those, so something more than half. And the remainder of them as you see are pretty equally distributed between the other sizes. The roadway system in the project is proposed as a private road which would be gated at the entry. It would be on 42 feet of right-of-way. 37 feet of that would be improved. It would include a five foot wide sidewalk on one side, which is similar to what was approved in Lake at Cherry Lane No. 6. Back to the homes, be 7 different plans made available in there, and some of those would have two elevation choices and if you are interested in tooking at the plans and the elevations, you can find those behind tab six. They are all single story. They are all two car garage. They each have eifher two or three bedrooms and two baths. Each space would be provided by, of course, a private driveway. The driveway would have space for a least two cars, so each unit would have a total parking availability of four cars. There are four color choices being offered in either stucco or a siding, and there's a brick accent on some of the units. If you are interested in looking at those, you can find the materials and color charts behind tab eight as well. Some of the amenities of the project you can find a list on the second page behind tab two. This is what my physics instructor used to call a spaz test to find out whether or not you can follow all the tabs and you are not a spaz, I guess. That was back in high school, and I've always remembered that for some reason. I don't why, maybe it was because I was a spaz. Maybe I still am, 1 don't know. Well now that Councitman Morrow isn't here, he doesn't beat up on me over my college allegiance. At least I have a- Bentley: Another fdaho joke. Bradbury: That's right. We got somebody's who is going to pick up the baton here. Anyway, behind tab two I talked about the gated security entrance, and you can find a Meridian City Council • • March 3, 1998 Page 32 detail of that behind tab four. Third page in, behind tab 4, and it looks simila~ to this drawing here. The proposal here is to pr-ovide a gated security entrance in front of the subdivision and so the - in order to keep the traffic circulation down to a minimum. The other nice feature about this is the concept is to provide a pedestrian and cart path in through the subdivision over the top of the sewer easement and out on to the canal right of way and up all fhe way along the perimeter of the subdivision and then it would come back out up at the golf course. And that would give the people who want to walk to the golf course who live in the neighborhood or even theoretically those people who own golf carts and wanted to drive their~golf carts up the golf course, would have a route to get up there. And as you can see, you can see the detail of how all that works there. This by the way as 1 said, this sewer easement would be a common area lot as would fhe lot where the golf cart path would. go. All to be owned and mainfained by the homeowners association to be formed. Behind tab three are application materials if you are interested in those. Behind tab four is a copy of the layout of the subdivision. You've probably got a blue line there in front of you so it will be a little bit easier to read than that one. It gives you an eight and a half by eleven of it. And then the detaits for the cart path and the detaits for the gated area, and then the location map. Also behind tab five behind the green sheet is a copy of the findings of facts and conclusions of law which the planning and zoning commission adopted when they looked at this project about a month ago. And I assume you know, but in case you don't, the planning and zoning commission recommended approval of the project as presented. Now because this is a planned unit development, the developer is asking for certain exceptions under the provisions of the planned unit development portion of your zoning ordinance, and I'll go through each one of those exceptions so that we can talk about them. One of the exceptions is to have the setbacks reduced. Or some of the setbacks reduced. The typical front yard setback in a residential subdivision would be twenty feet. They are asking for reduction of the setback to fifteen feet. Similarly the street side yard setbacks, that would be on the comer lots like here. ThaYs typically a twenty foot setback required, and again the developer is asking for a reduction to fifteen feet. And that's just exactly like what #he Council approved in the Lake at Cherry Lane No. 6. Now there's also a reduction being requested for these lots, lots one through four for a ten foot rear yard setback as opposed to the required fifteen I believe it is. And what you need to understand however even though there will only be ten of lot, fhere will actually be thirty five feet of separation from the lots, which are to the south because you will have the ten foot of setback,in the lot and you will have twenty feet of that sewer easement area which would be a common lot and have that path on it. In addition the lots sizes are the typical R-4 lot sizes, 8,000 square feet, and they are asking for an exception down to the lot sizes that are shown on the plat. As I said the minimum size about 3900 square feet. The largest is over 8,000 square feet, but it comes out to an average of somewhere around 5700 square feet, and I don't have the exact number for the average, but it is in that 5700 square fopt range. Also the typical frontage requirement on an R-4 lot is 80 feet. That is frontage on the street. 80 feet. In this particular application the request is that number be reduced down to fifty feet because fhese are essentially fifty foot lots. I say that and then I'm going to say yeah, but there's also some of the flag lots and the corner lots which are something less than that. So Meridian City Council • • March 3, 1998 Page 33 probably the simplest way unless you want me to read a list all the frontages is to sim.ply say a request to reduce the frontages are shown on the plat. I guess I talked about the private street, but technically that would also be a requested exception from the typical ordinance requirements. This one as 1 said 42 foot of right-of-way wifh a five foot sidewalk on one side. The house sizes in here, I told you about the range from 1300 up to over 1700 square feet. The typical R-4 requirement is 1400 square, so for those ten or twelve that would be less than that number would need exceptions for that. I think thaf's all the exceptions that we are asking for under the planned unit development provisions. Now as an off set to that, I guess, if you want to look at it that way is that the developer owns about a third of an acre which is on the opposite side of the eight mile lateral from this subdivision which is over on the golf course side. And the developer is offering to donate that third of an acre to the city. In other words, convey it free of charge and the deed would be conveyed to the city at the time that the finat pat is recorded. And that would be used, of course, for the city's golf course property. I can show you where that piece is. It's right here. There's a piece that's - well, it's relatively triangular in shape right here and so a lot would be - a separate lot would be created on the - let's get my bearings here - on the east side of the canal. And that would be conveyed to the city. This piece. The intent of the project, of course, is to continue to try to provide a variety of housing types and housing choices in the vicinity. Like what Steiner Development has started to do up at the Lake at Cherry Lane. As you probably recall up there, there are a number of different sizes of lots, and sizes of homes and types of housing arrangements. There's the typical 8000 square foot R-4 lots. There's some 6500 square foot R-8 lots. There's some -1 can't remember the lot sizes, but other lot sizes that are in number six which - and there's a mix of houses in there, but that's a seniors living area, and then in number seven, are a series of townhouse developments duplex type - I say duplex and that is really not right because they are all separate lots with separate ownerships, but townhouse type developments on smaller lots there as wetl. Our feeling is that this type of project is not only in line with what the City Council conceptually approved back in 1994 for Ashford Greens, but it's also compatible with the overall scheme for this mile section, and we tried to put togetFier a view and unfortunately we don't have those on there, but I give you an idea of the different sizes and different types of lots and housing that is provided in the area. You've got, like I said, this is the Lake at Cherry Lane area up here, and then you got the Cherry Lane Village area down in here, the Golf View and Ashford Greens, and as you can see, we have marked and some of these reds are areas wfiere there are existing townhouse and duplex type living. That would also be true in this location here. And you don't have it yet, but an application is just about to be filed for the piece of property up here, the Wilkens' property, and the same basic kind of concept will be pursued for this property as was pursued for the Lake at Cherry Lane, and that is,having a variety of housing types and a variety of lot sizes. The whole mile section is I think conceptualized as being a place where there can be a variety of sizes and different housing opportunities, and we think it's consistent with what's been proven in the past, and consistent with what is likely to be submitted to you folks in the not too distance Meridian City Council ~ ~ March 3, 1998 Page 34 future. That's all of the prepared presentation that I have, and I'd be pleased to respond to any questions that you might have. Corrie: Council, questions? Anderson: On the security gate, would that be something, how woutd the emergency get through that security gate, is it keyed, is it activated by siren? Bradbury: I don't know the detail on that. I know that the security gate systems fhat have been used around the valley have had - there's been a system for emergency access. I don't know. Do you know how that works? Is it strobe he says. Doug Campbell representative of Steiner Development says that he envisions it being activated by a sfrobe. Unfortunately I'm just lawyer. I don't know the technicalities of those things. Anderson: That would be something that would probably need to be coordinated with the police and fire, not all those vehicles are equipped with strobes. And it would be up to them to figure which system would work best. Bradbury: Sure, we are more than willing to work with the fire department. I've had really good success with those folks in the past and making sure that they are comfortable with what's been approved or have been applied for. If you wanted to make it a conditional of approval, that certainly wouldn't be a problem for us. Anderson: And then the road, is it Interlachen that goes through there? Bradbury: I call it Interlachen. Anderson: Is there a reason why that doesn't go on through and tie into the other street? Bradbury: Well, yeah; as a matter of fact there is. I brought with me a traffic impact report that I will pass out to you if you'd like. The Ada County Highway District, when they looked at this thing, they thought that the road ought to go through as well, and the reason that we're not showing it that way is we are concerned that it's going to create too much cut through traffic. I mean there is going to be traffic trying to access to the golf course, back and forfh, and there would be tra~c coming from the Ashford Greens Subdivision. They'd be heading down through this - down this street in order to get to the Albertsons down there on the corner. And so - like I said, the Highway District originally thought that it ought to go through as well, and I think that you may even have a transmittal from them saying that that's what they'd to see. We submitted a request for the Highway District Commission to take another look at this thing and go before them next week, and part of what was submitted to them was a traffic impact study and report that was done by Phil and Gary Funkhauser from Earth Tech. - and let me pass. out copies of that. And we can go through the report and talk about how he got there. ~ . Meridian City Council March 3, 1998 Page 35 But what I'd suggest you just do is go to the last page, and there is a chart. And it shows what the existing traffic is, and what the projected traffic would be both with and without the connection. And what you have is on Interlachen, and you can pick any one. Let's just go to the bottom line because that's the one where the most traffic is. North of Cherry on Interlachen the existing tra~c that was counted by Earth Tech. Is 771 vehicles per day, and the tra~c which would be produced by ~this site at that location is 285 trips per day. Now that gets you up to - well, we are over a thousand vehicles right about there. If you added, if you connected the street through, what you do is you add about 300 trips per day for the golf course according to the experts and you add about 400 trips per day for Ashford Greens. Both of these would be cutting through and then about 30 trips per day from Cherry Lane Vitlage. So what you end up with.is you end up with over 700 additional trips per day wifh the connection that you wouldn't have without it. Now our feeling is that not only would the residents in this proposed subdivision be unhappy with those 700 additional trips per day, but we also felt like the people that live on Interlachen now would likely be unhappy with having those 700 additional trips per day. So the proposal that we've made is not to put it through in order to keep that cut through traffic from taking that route. According to the preliminary contact we've had with the Highway District staff, they tend to agree. That goes to the commission as I said next week, but staff indicated to Mr. Funkhauser earlier today who passed it on to me that they tend to agree. They are not sure they want to have that connected there after all because of the increased amount of traffic. Anderson: And they would already have the 297 trips now that people are going to the club house now, so those people are already experiencing part of that, and they are going to get relief when the club house is moved to the new location. Bradbury: Yeah, I guess that would be true. That's correct. I guess thaYs how people get there today. You are going to find out that I don't golf. Inaudible Bradbury: I'm sorry? (Inaudible) That's right. Now one of the things that Mr. Funkhauser pointed out is that by connecting it through, what you end up with is what the tra~c people call a continuous collector. There would a continuous collector from Black Cat down to Cherry Lane, and that's something that the Highway District typically tries to avoid. Because of fhe fact that it then becomes a route for people to use to cut through in order to avoid intersections and having to go around and so the - apparently the present day thinking is to have collector streets that go into the mile section but don't connect directty on to other collector street going on through and they want to have these discontinuous collectors. Mr. Funkhauser says that if you were to connect it in, it would function as a continuous collector, but it isn't designed to actually properly act as such. You know if you are asking for a prediction, I think the Highway District is going to agree that it shouldn't be connected. Anderson: Is it a 47 foot wide road? Meridian City Council • • March 3, 1998 Page 36 Bradbury: It's a 42 foot wide right-of-way with 37 feet improved. Anderson: What's your turning radius in that cul-de-sac down there at the end of Interlachen then? Bcadbury: I don't know, but Mr. Campbell says that he thinks it's 80 feet. Yeah, I wonder if it doesn't show that on the blue line. I don't have that. fnaudible Anderson: Is that back at the sidewalk or the curb? Bradbury: Let's see. I think thaYs going to be the right-of-way all the way back, so that's going to be back to the back of sidewalk. That actually, yeah, iYs going to take it right to the property Iine. Corrie: Anybody else have comments? I have three. Did you say the frontage on the lots were .fifty feet? Bradbury: Fifty, right. Corrie: Fifty feet by what? Bradbury: Well, there's a whole bunch of numbers, and thaYs kind of the problem. Each one of these lots is a little bit different size. For example, if you looked at lot - let's just take the string 7,8,9 and 10. Because they are square and they are easy to work with. Lot 7 is 59 foot of frontage. Lot 8 is 57. Lot 9 is 55. Lot 10 is 51. And you go over to - if you want to get into these nurnbers over here, you've got on 42 through 45, they range from 60 feet, 65 feet, 65 feet and another 60. There's a whole bunch of different numbers and different sizes. Now there are also smaller ones. For example, let's look at fhis triplex, 1 say triplex, I'm using the wrong terminology too. This three unit - the three unit townhouse development there, those are all smaller lots, but it's going to be one building, and they are all going to take access o.ff that same spot. If you added up fhe numbers on fhe frontage for - if you took each one of those frontages separately, fhey are small, but add them up together and you are going to end up somewhere in the neighborhood of 30 or 35 feet of frontage on that one. So it makes it realty hard for me to say that we are asking for a fifty foot frontage. I guess on average that's about what we are ending up with. But each one of the lots is going to have a slightly different amount of frontage. And that's why when I talk about asking for the exception, I'm talking about the exception to allow frontages essentially as shown on the plat, and of course as you go from preliminary to final, you find that there is little adjustments here and there, but essentially that's what we are talking aboufi. Anderson: Does the parking still work out two cars on fhese smaller lots? Meridian City Council • ~ March 3, 1998 Page 37 Bradbury: Yeah, each one of them would have a minimum of 18 feet between the garage and the lot line. So that you would be able to get a car up two cars side by side up on to the driveway. Corrie: The other one is who is James G. Marshall? I got a letter to the Meridian City Manager. Dear James G. Marshall. Bradbury: Beats me. Did I write that letter'? Corrie: No, it was from Louis Steiner, but I was just curious if we've gone to the city manager form of government and Mr. Marshall is here. I didn't Bradbury: I don't know. I don't remember having seen the letter. Who wrote that? Corrie: Mr. Louis Steiner. ~Bradbury: We will be sure to give him a call. Corrie: I think he was talking about Boise, but they don't have a city manager either. Bradbury: They don't have a city manager either. Corrie; My other question is has Steiner ever since Interlachen is the only way in to that, have they thought about the entrance of Interlachen to do anything in the entrance at all? Bradbury: Down at Cherry Lane? The topic of conversation hasn't corne up in front of me, but I''d be more than happy to raise it with them. Corrie: That's all that I have at this time. Bird: I have one. What the difference between a triplex and townhouses? Bradbury: Well, the difference is - my definition. Bird: I have a definition too, thaYs why I want y,ou to - Bradbury: Yeah, because I'm the one who's been yammering about it. My definition is the difference between a townhouse and a triplex is who owns it. A triplex or a duplex, it's on one lot. One building on one lot. Two units owned by the same person, and generally you live in one and rent one out. In a townhouse, on the other hand, it's really like a zero lot line wifh a common wall. It's one building with three separately owned units with common walls on three separately owned lots. Meridian City Council • • March 3, 1998 Page 38 Bird: That's what I'm saying and in your five, six and seven the three people that own it are nice, if they are not, you have a fight. There is no way you are going to get a car in any one of fhose. Bradbury: Yeah, I understand the problem. Let me show you something that maybe will he~p you. Bird: Then your lot sizes are going way down too on that. Bradbury: We brought - in case this issue came up, let me pass this out. What's coming down towards you there is a kind of a concept drawing of how access on to that particular lot you are talking about might be handled. And what we would do is we would create a common driveway at the entrance at the frontage of those lots, and the way we'd fiandle that is we would include in the restrictive convenants and in the deeds that would be supplied to these people a provision for a cross access so that it would be - each owner would have a legal right the entirety of the common driveway as it enters those three lots. And we've done a number of times, and have had reasonably good success with it. Bird: In putting those three parking spaces that we got back here, right? Bradbury: Right. That's right. Bird: (Inaudible) Bradbury: Did I have the same definition as you? Bird: Yes. Bradbury: That worked out then. Corrie: Any more questions? Mr. Rountree? Rountree: List of amenities, you don't list the potential disamenities that might be associated with this. You talk about pedestrian ways to the club house, but I see no provisions for vehicular bridge across the lateral or drain so that's really not an amenity. You don't discuss the potential options for golf course out buildings that might be built in conjunction with the club house that might border fhese lots. That's not an amenity. In your list of exceptions, you don't talk about tiling ditches, variances would be in order. You don't talk about the potential buffering of adjacent subdivisions, ei. Probably Golf View and to a lesser degree and probably not at all Cherry Lane Sub. 2. You block out pedestrian access to the golf course from that part of the city. You have a pedestrian gate on the pedestrian way, so folks that now access the golf course that live in the front of that subdivision would have to go through the subdivision almost to your Lakes ~' Meridian City Council • • March 3, 1998 Page 39 Subdivision that's being developed now back across to the golf course or out to Black Cat and around. I don't see any provisions for those folks. Campbell: Are you talking about driving or are you talking about walking? Rountree: You can't even watk according to your plan. You have a pedestrian gate. Prior: If he's going to testify, he is going to have to be sworn in. Campbell: What gate are you looking at? Rountree: I have the page 3 after tab 4, the one you referred to as the gate that shows a five foot pedestrian gate on the five foot sidewalk. I guess that's just one side where you are going to drop the sidewalk. The cart path it does show, but it's - I don't know what you are going to do. Are you going to gate that like the other side? Bradbury: No, I mean the intention is to provide an access - if there's a problem with fhe detail, maybe ~l'm not reading it right, but the way I understand it is this is the path that takes you up to the golf course. Rountree: Well, you actually show a gate on the other side. Bradbury: A gate over here. Rountree: My question is why a gate there and not on the other side when we see this in final form, you are going to say well we want to gate the entire community and we are going to gate people out on the cart path and pedestrian way. , Bradbury: No, the intention - and if the drawings are creating a problem, then we will fix those. The intention is to provide a route through - along the subdivision so that people who live in the area can access the golf course. And if fhe gating scheme concerns you, let us know. Rountree: It has to be accessible to the rest of the community. Bradbury: Sure. We don't have a problem. The theory here is not cut it off. The theory here is to provide it. And if the - like I say, if the drawings are a problem or if there is a - if you've got a gating scheme that you like better than this one, by all means just say so. Rountree: My last question or comment is that one of the requirements of approval of the PUp is that they have an open space requirement and I don't see any open space other than space that's going to be there by way of an easement that exists anyway. You're asking the city to make exceptions for lot setbacks to accommodate an Meridian City Council • • March 3, 1998 Page 40 easement that's already there so you can build a house on, but I don't see anything in the subdivision that reflects that need for open space. Bradbury: Actually the engineer calculated, and maybe if I'm - the area that would be included as open and common area is the area that this pedestrian pathway is included, and thaf's calculated out to be just over 8/10 of an acre. In addition, and the reason I told you about the provision of the third of an acre that would be donated to the city, I rnean that includes another 15000 square feet or there about. If you take into account all of that space, if far exceeds the ten percent requirement in the ordinance. Now, in addition to that, when the Ashford Greens concept plan was approved, the city acquired a fair amount of land from the owner of the property. I guess it was the Fullers. Is that right? Fullers for the golf course, and at that time, I believe that the city had included in the generalized open space requirement the land that was provided to the city for purposes of expansion of the golf course. Now, this piece of property is now owned by somebody different. But when originally approved and when the city accepted the property and as set forth in the findings that were made back in 1994, that donated land was intended to and does in fact serve as the city's requirement for open space as part of the trade off. The trade off is - you can provide theoretically I suppose you could provide the ten percent open space in a privately owned property which would be owned and maintain~d and used by the residents of the subdivision or you make it public property, and in this case, public property was provided the city, and iYs now public property and being used as such. It seems to me that if the council at this point in tirne is going to disregard what was previously required and previously provided, I think that the city would be in essence reneging on an agreement already made. Rountree: I don't believe there was an agreement made with this particular developer, but that's okay. My last question, is this particular development as I believe the original development, and maybe Gary you can correct me if 1'm wrong, but were these lot numbers calculated in the lots that would be assessed a fee towards the pay off of the golf course improvement and 'maybe you can't, Steve, answer that, but Gary might be able to. ~ Bradbury: I don't know that answer to that one. DOUG CAMPBELL 2638 N. TURNBERRY WAY WAS SWORN BY THE CITY ATTORNEY. Campbell: This particular project will be included in the $640 fee that's currently being charged on every lot out in that general area. (End of Tape) Corrie: Any further questions of Mr. Bradbury? Rountree: Not at this fime. ~ Meridian City Councit • March 3, 1998 Page 41 , Bradbury: Thank you very much. Corrie: Someone else from the public would like to enter testimony in this request? LARRY ASTLEY 2129 TURNBERRY CIRCLE WAS SWORN BY THE CITY ATTORNEY. Astley: I live in Cherry Lane Golf Course. I live adjacent the number one hole, fairway. My concerns in this matter~ are basically two fold. Looking at the proposed development in my opinion affects what I feel is - or in rny opinion, the density and the layout of this development affects in my opinion the aesthetic value of the golf course. And also you know in some ways could affect property values. I guess that's all I have to say. Corrie: Okay, thank you. Anyone else from the public would ~ike to testify. JOE STAFFORD 4192 W. PLUMROSE STREET WAS SWORN BY THE CITY ATTORNEY. Joe Stafford: I'm here tonight to talk about some of the probtems that I see with the project. I've kind of listened to what the developer's requesfing and the variances that he is requesting including the density issue through the PUD. Presently I'm understand the property is zoned R-4. Where I live is in Golf View Subdivision directly south of this project. Our property is 18,000 square feet is our lot, and it is contiguous and touches this property to the north. Some of the concerns I have in just listening and you know talking about the ten foot back yard to the houses and to the property to the south, but it's really not a ten foot back yard because there's an easement there. A ditch which presently is there. That ditch belongs - the property on that ditch belongs to us. We pay taxes on it. It's assessed in our lot. It was purchased with our lot. There is a ditch easement there - they have. a right to use that, but that is our ptoperty. Our property we touch that and so effectively we're getfing a ten foot away from our property line. A ten foot back yard for someone to use. The other concern I have is in this area part of the statements were made that this is conducive to the area, that it fits the area. And in nowhere in this immediate area of Golf View, Cherry Lane right next to this area are there the small lots. There are duplex tots directly to the east of this property. I've been over there, know people there. They have much more than a ten foot back yard. They have much more setback fhan is required by this, so I have some concerns with that. The other thing, the neighborhood is pretty conducive to families, the golf course, using the golf course, and that type of area. He brings out that there's a 3909 square foot lot. If you take a 1304 square foot home, and add a 400 square foot garage, you are at 1700 square foot on 3900 square foot lot. ThaYs a 44% use not counting any side yard, sidewalk, driveway. Not counting any of those things. 44% land use on that. That is not conducive to that area, absolutely not. And one reason I think he applied under a PUD which is common to get a higher density in an area.zoned for less density. And so I'm kind of objecting to that. The 5.6 units per acre is not common in that area. Our Meridian City Council • • March 3, 1998 Page 42 house is about 2700 square feet. The neighbors is 3300 square feet. Our land use is 20% of our property. Our home is about 20% of our property. That includes the garages. I think the neighbors is maybe 22%. That's kind of what's common in that area. The other thing I wanted to bring out if they are doing - if this is so conducive and this is a family area, the golf course where all our kids play golf and that what not. I mean we have a trampoline in the back yard. We have six bicycles. We have all these things that we use as a family. On lots that are taking 44% land use or building use, I'm objecting to that saying they don't have room to use anjr of that area. I think the other thing I want to bring out real quick and I know my time's limited is the lot width. All the lot widths are very small. It's not conducive to good community flow. They are closing off the area, that's presently an open area. They are asking for private streets. All the subdivisions that border this property all have two sidewalks, curbing gutter. They are asking for one side. We all have 20 foot setbacks on the front. They are asking for 15. And we all have to go by the city requirements for our setbacks on the side yards. So I think that is all I have. Is there any questions? Corrie: Thank you very much. Anyone else wish to testify? JACKIE STAFFORD 4192 W. PLUMROSE WAS SWORN BY THE CITY ATTORNEY. Jackie Stafford: I'm pretty much - my husband just talked just a second ago. My biggest concern is the density of what they are going to be putting over there. We have four children, and trying to keep four children in a big huge yard is hard enough. I mean we even have the commonary where the kids go play, bike, you know down on the path and stuff. 'My concern with cutting down, chipping away their yards the way they want to, where are the kids going to be. Usually when you have apartments or anything like that a lot of times they will have tennis courts or basketball courts or something for them to go and just kind of release some of their energy. The other concern that I have is the traffic flow on Interlachen. Not only does Cherry Lane use that Interlachen, but Golf View does too. A lot of our neighbors - we come up from the side, and go out Cherry Lane instead of going Summer Tree where we are probably suppose to. But iYs a short cut. So I think they are disregarding that fraffic flow besides the one that's in Cherry Lane. So that's pretty much it. Corrie: Okay, thank you. Any questions? Anyone else would like to testify? 'Prior: I've been advised not to swear this particular person in. WAYNE CROOKSTON 2125 TURNBERRY WAS SWORN BY THE CITY ATTORNEY. Crookston: I might. As many of you know I live on the golf course. I live right off of number one fairway, what is now #he number one. I don't know how they are designating it now. Eventually it will be the number eighteen fairway. And I live within 300 feet of this proposal. I did not get notice when this was inifially done by Brighton Corporation, so 1 can't say that I did actually know about it. I can't actually say that I did Meridian City Council • • March 3, 1998 Page 43 not know about it, because I was presiding as the City Attorney when that was presented. However, at that time, this area of the property was not being presented to be developed at the time. It was part of what they called the medium density portion of the property. The City Council at the time did allow the single family dwelling units that Council presented some things that had to go about that. I would refer to as far as my concern, I would refer to the Comprehensive Plan that says that these fots are suppose to be compatible in section 1.13U of the housing section of the Comprehensive Plan it says infilling of random vacant lots in substantially developed single family areas should be considered at densities similar to surrounding development. Well, surrounding development is where I li.ve, where Mr. Astley lives, and the people that live over in Golf View. Those are not on average 50 X 85 square foot lots. I have approximately at least a quarter to a third of an acre. Mr. Astley has a larger tot than I have. Mr. Stafford, he testified that he has approximately I think he said 16000 square feet. So the lots around this are substantially larger than they are proposing. The concem that I have is that on that size of lot, you cannot build a house that is of the same property value as the ones that Pm referencing. The City Council at the time did consider the medium density parcels of ground, but they did state that Mr. Wardle presented Brighton's application at the time in the findings of facts it says Mr. Wardle further stated that they were aware that the PDR approval for the medium density parcels must be conditioned on a future submittal of specific design plans which would address access roadways, parking, open space, landscaping, and other matfers. In September 13, 1994 public hearing Mr. Wardle stated that the Planning and Zoning Commission can require the medium density to come back before it. I think that when you present the medium density and the planned unit development type idea, you have to consider also what the comprehensive plan says. You are suppose to have compatible surroundings to what is there, and what is compatible to me is not a 85 x 50 foot lot. The other thing that I have is that there is the concept about Interlachen connecting to Dawson. And I well understand the reason why people may not want that to be connected. People that live along Interlachen may not want that. That, however, is something that the previous City Council said had to be done. I have no objection to Interlachen not being connected to Dawson, but what was done previously the City Council wanted it connected. So that's something that you have to consider. As 1 said in my mind, the lots are too small. They are not R-4 lots. They are not even close to R-4 lots, and they are not close to the size of lot that 1 have or Mr. Astley has, and the people in Golf ~ew have. Some of the things that were addressed by the City Council at the time this was being developed by Brighton Corporation, #here was a statement that said, "Prior to any development of the medium density parcels, the developer shall submit a detailed application and site plan for review and approval by the Planning and Zoning Commission and the City Council." Certainly this is a proposal that does that. But this is the first time that I've ever seen this application for the development of that property. Then the City Council also said, "The City reserves the right to place appropriate conditions on the medium density areas in aacordance with ordinance requirements, including but not limited to streets, pedestrian walkways, planning and reserve strips, public sites and open spaces, lineal open space corridors, pedestrian and bike paths." It mentions piping of ditches, pressurized irrigation. It says access parking, landscaping and screening. I don't see Meridian City Councii • • Macch 3, 1998 Page 44 that that's been addressed in this application, so I have a problem with that also. So that"s basically my position is that I don't think that these lots are compatible to the surrounding area, and I don't think that this proposal should be approved. If you have any questions, I'd be happy to answer them. Corrie: Question Council? Crookston: Beg your pardon? I guess I can talk to you later about that. I can tell you the story about my hand. But - Corrie: We're not interested in that. Crookston: It probably should be stated that this is a public hearing. Thank you. Corrie: Anyone else from the public that would like to issue testimony in this request? GORDON MARGULIfUX 2420 INTERLACHEN WAS SWORN BY THE CITY ATTORNEY. Margulieux: I need to congratulate or thank the developer because he's very open. I testified at the Planning and Zoning Commission. Some of the things I had mentioned, they actually had addressed. Particularly the sewer easement area behind the first fhrough fourth 1ot, because at that time, it was still on those lots, and they have addressed that. I appreciate that. 1 am still concerned about the size of the lots. My lot, which 1'm in Cherry Lane Village 1, Lot 3 which is twenty eight feet from where this proposed path is, and my lot which is an irregular is actually 13000 square feet, but the adjoinirng lots around there are roughly running about 8000 square feet. So this is smaller, and I am not saying that their aiming at different people, different - in a gated area and what they are proposing, and it looks reafly good considering that it will be developed sooner or later. This doesn't look too terribly bad. t do like the fact that it is closed, and as Steve pointed out, I do live on Interlachen, and I would not be happy to have a through street with more traffic over there. I've sort of like their concept to that extent. Other concerns I have is this easement that goes through thaYs going to be a pathway. I'm not sure how to address it because it's a private section. It's would be taken care of by the homeowners association, which hasn't been defined yet, but it will be. But it's wider than this room. And there is no parks very close. And there is going to be a nice smooth pathway through there where kids on skateboards are going to be skateboarding, and things are going to be going on over there, and it's not lit. There's a street light down at the - if I can borrow this - there will be a street light right here which will light some of this path, but nothing down here. We have some problems with kids in our neighborhood that like to drink and smoke, and they like dark areas to do it in. And there was some question as to whether or not because at the time v-fien I mentioned it, they said well maybe this will be gated. But timed so that at night it woutd close and people couldn't get in. But this wouldn't be gated on the other side. One of the families that we constantly see smoking and drinking are right on this comer this house, and Meridian City Councii • • March 3, 1998 Page 45 they have a two and a half foot fence. Very easy to hop over and just sit there. If possible some of the things that could. be done, is maybe put a street light somewhere at the end of that. Right now they don't go back there because W,ally has a big post with a big light on it, and the police patrol that, and I'm not sure how they are going to patrol it if they can't turn around. There is going to be a path down there. I'm not sure how thejr are going to turn around. So fhey might not patrol it. So my concern is that we go going to have a park back there that you are going to see a lot more activity because there is no open area for kids to play over there. Medium size density it was mentioned. Again, a lot is important. When they talked about medium size density and they talked about eight houses per acre with Ashford Greens, they were talking about multi family dwellings. And these are single family dwellings. So we are not talking about the same fhing even though we've eut it back to 5'/Z houses per acre, it's not quite the same thing. The other one is - well I guess that's about it. I went through them real fast. Any questions? Thank you. Corrie: Anyone else from the public would like to speak? Okay. Steve do you want to answer any questions that have come up? Bradbury: I was asking the gentleman who testified and I'm sorry, I missed his name, Staff.ord, and I was asking him which lot he was living in. He pointed to this lot right here. Just so there's no confusion, the lots that would be immediately adjacent to his lot and the others in Golf View would have the standard R-15 rear yard, excuse me standard R-4 rear yard setback. The reduction that we are asking for in the rear yard setbacks are the ones over here next to this gentleman's lot, which has also then has the twenty foot sewer easement next to it, so they actually have that separation, so we are not talking about a reduced setback next these folks, and of course those folks in Golf View are separated from this project by the canal, which according to the map, and I am going to assume it's correct, is shown on there property, and so there is a fairly good sized separation, and a matter of fact you call it I guess maybe a manmade feature, but there is a geographical feature that separates these two parcels of property in addition to the distance. So I just wanted to make sure that there wasn't any confusion about that, because we are not asking for a reduction in the setback in that location. I guess maybe the thing that I wanted to address primarily was this concept of compatibility and how it is that smaller lots are incompatible with larger lots, and maybe I just don't understand it, so that I can't express it particularly well. But 1 don't understand it. Because it seems to me that when you are talking about compatibility, you know land use in the land use context, you are talking about compatibility of uses. That is the reason we have zoning is to keep industrial uses, you know where they are going to be banging out car parts separate from residential uses, as opposed to residential uses Separate from residential uses. So in terms of the use compatibility we are talking residential in a residential. Now when you talk about the lots, what you are really talking about is how much space somebody is going to have between them and somebody else, bottom line I guess just how much dirt is out there. The reality is and I think you all know this, not everybody wants a third of an acre, or a quarter of an acre, or even 8000 square feet. Some people don't want to have all that ground to take care Meridian City Council • ~ March 3, 1998 Page 46 of. And they'd like to have something a little bit less. And so what Mr. Steiner is attempting to do is he is attempting to provide that opportunity and that variety in this vicinity as is being provided in other areas in well, heck right here. Right down the street where there are smaller lots. Right immediately adjacent to the same piece of property. I you take the logic that Mr. Crookston wants you to follow, if you start out with one 8000 square foot lot in a mile section, you have and in order to be compatible according to Mr. Crookston, everything that touches that 8000 square foot lot has to be 8000 square feet. And so you go the first lot and everything around that has to be 8000 square feet, let's assume it's square so now you've got five, all 8000 square feet. And everything that touches ~those five has to be 8000 square feet. Pretty soon, all you have got is a mile of 8000 square foot lots. And I don't think that's what the City envisions. I don't think that's what the City wants, and I don't think you should want it. I think what you should want to do is you should want to provide for a variety of uses, the variety of sizes, something that presents a little bit of interest in the community. Something that presents a little bit different living arrangement and lifestyle so you don't have this sea of 8000 square foot cookie cutter lots. I don't think - I have been coming out here for five or six years, talking to you folks about subdivision developments, and I've heard you talk about at one time or another about not having every subdivision look like every other subdivision. And it seems to me that you shouldn't expect every piece of property to be made up of 8000 square foot lots or larger. I think you need to provide different types of opportunities for people who have different types of lifestyles and like to - some who like to mow lawns and some who don't. And of course Mr. Crookston and first gentleman who testified they are a little more remote from this. 1 just I kind imagine it is going to effect how they live, and their lifestyle or their property values. 1 think the suggestion is nothing but a suggestion, and I don't think you have been given any real evidence to support that proposition. What else did I miss that you folks would be interested in hearing about? Corrie: If you should get the approval, where is the present club house going to go? Bradbury: It's my understanding that you've got a site selected. Corrie: What if he doesn't put it up yet? Bradbury: Well- Corrie: I know it's a one ended - I probably shouldn't ask you that - Bradbury: 1 have had the idea that you folks have - have those plans rnade, and if that's not the case, then if we need to make some arrangements and work something out, I think we ought to sit down and do it. Because I know, I've worked with Mr. Steiner long enough, I know he's not interested in making things any harder than they need to be. And I know that he is going to want to work with you folks to see to it that things work to the best to everyone's best interests. Meridian City Council ~ • March 3, 1998 Page 47 Corrie: The reason I made the statement is I suggest you bring the chairs. Bradbury: Okay, how many do you want? Corrie: Probably a lot of them. Any questions? Bradbury: Thank you very much. Corrie: Council, any further discussion. Rountree: I guess my point on the application and what I see and the issue of compatibility if that's the appropriate word, is that it seems like there wasn't a whole lot of consideration to either the type of home or the design of the homes that are adjacent to this and I'II cite a specific example where we have had this happen in the past and what the remedy was. IYs something very similar to this happen in Meridian Greens. Only it was an R-4 against an R-4. We had a subdivision with large lots, specific architectural types, specific kinds of roofs. The people in that subdivision objected to a R-4 subdivision adjacent to them that had a lesser standard, smaller lots, asphalt singled roofs, those kinds of things. The remedy is the remedy that we have in our some of our ordinance language and our comp. Plan as a buffer. There was a portion of that subdivision that had to have cedar shake shingles. They had to meet a certain size lot, and they had to meet a certain square footage. The rest of the subdivision as it progressed out, became what the developers originally proposed. I would like to see some consideration given to that concept in this development. I'm not opposed to the medium density. t was on Planning and Zoning when it came through Planning and Zoning. But we did want specifics and we did want to make sure that the neighborhood considerations and the existing features out there were considered. Thaf's why we wanted specific plans brought for consideration of inedium density. I guess that is the point I would make in discussion. Anybody else can talk about that or you can close the hearing and we can go forth. Corrie: Anybody else want to call anybody? At this time I will close the public hearing, and ask any further discussion. Bentley: I agree with Charlie. That was one of my concerns when i viewed this project, and I agree with Mr. Bradbury on the fact, and we do not want all subdivisions to mirror each other and look the same, but the same token, we've got open ground butting up to these people's property, and I think we need to have some transition housing that are similar in statute and size to what is fhere, and then as the project proceeds, you can go in with the smaller homes, because there is people fhat don't want a lot of yard. They want the ability to just run around with a mower and go play golf. And some day I'II probably be right there with them. I don't know how good the golf will be, and that is the basic problem I have too. I think we got to give some consideration to the surrounding area. Thank you. Meridian City Council • • March 3, 1998 Page 48 C'orrie: Further discussion? Comments? I guess Mr. Attorney is there sufficient evidence and testimony to change the complexion of the Planning and Zoning's findings of facts? Prior: Well, Mr. Mayor, as previously - as before with regards to the day care center, there are two avenues that you can take. You can vote on the present findings of facts and conclusions or you can the Assistant City Attorney to prepare new findings of facts and conclusions of law. That's entirely up to the City Council to decide. ~ Corrie: Council, pleasure? Rountree: Well, I personally would like to see new findings. We do have new information from ACHD, and apparently they are still in a position where they haven't decided what it is that they want for the road. Though ! agree with Mr. Bradbury they probably will come back and say we don't want to dig it through. I feel we need that. That needs to be factored in. There's some other information I think heard tonight that wasn't (inaudible). Corrie: Do I hear a motion one way or the other? Bentley: Mr. Mayor, I would move we instruct the City Attorney to prepare new findings. Rountree: Second. Corrie: Motion made by Mr. Bentley to have the Assistant City Attomey to prepare new Findings of Facts and Conclusions of Law, second by Mr. Rountree. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 14: REQUEST FOR A PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT: Corrie: At this time, I will open the public hearing and have the representative from Steiner Development, Steve. Bradbury: Thank you. Steve Bradbury 877 Main Street, Boise. STEVE BRADBURY WAS SWORN BY THE CITY ATTORNEY. Bradbury: Thank you. Mayor and members of the Council, I don't have anything in addition to add, with respect to the preliminary plat. All the information that I share with you with respect to the conditional use permit is equally applicable to the plat, and 1'd simply ask that my testimony be incorporated into the record for this hearing, unless there are any other questions or separate issues. Thank you. Meridian City Council ~ • ~ March 3, 1998 Page 49 Corrie: Anyone else would like to issue testimony on this request for preliminary plat at this time? Hearing none, I'll ask the Council do you have any questions of the - you didn't so I'll close the public hearing. Council? Rountree: Mr. Mayor, I would make a motion that we table item fourteen, request for preliminary plat for 48 lots for Villas at the Lakes Subdivision until we get resolved the conditional use application. Bird: Second. Corrie: Motion stated by Mr. Rountree, second by Mr. Bird to this until the resolution is taken care of. Any further discussion? All those in favor of the motion, say aye. MOTION CARRfED: All ayes. ITEM NO. 15: REQUEST FOR APPROVAL OF MERIDIAN TRANSPORTATION TASK FO,RCE COMMITTEE MINUTES HELD JANUARY 7, 1998: Corrie; Council you have those minutes in front of you. I don't know how we can approve those minutes, we weren't there. Bentley: Mr. Mayor, questions for Gary. Anything additional on these that we need to know about, Gary? Smith: (Vo, sir. ~ Corrie: Back to my original question. How can we approve the minutes if we weren't there. Was anybody here, there? Bentley: No. Rountree: Gary was. Corrie: Gary Smith do you find these minutes to be correct? Smith: 1 certainly hope so sir. 1 wrote them. Corrie: I was hoping you would say that. Smith: I submitted these after 1 wrote ,them from my notes. 1 submitted them to the chairman, Walt Morrow, and he reviewed them and sent back comments saying that everything was fine as presented to him. Corrie: All r-ight. Meridian City Council • • March 3, 1998 Page 50 Rountree: I guess my question is, why are we approving minutes? Why don't we just accept fhem~ Smith: We just have to have a final approved, Council approval of the actions of the committee to send to APA so that they can include our recommendations in their TIP. Corrie: Okay. Bentley: Mr. Mayor, I would move that we approve the final draft of the minutes from the Meridian Transportation Task Force Committee. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to accept the City of Meridian Transportation Task Force Committee report. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All Ayes. ITEM NO. 16: RESOLUTION #161 - FEES FOR RESERVATION OF AND USE OF MERfDIAN PARK FACILITIES: Corrie: Tom Kuntz. Kuntz: What I'm requesting is to amend Resolution #161 fhat originally addressed fees for park shelter reservations to accommodate park facilities reservations, and as a sub heading of that resolution would include park shelters, and the addition of - potential addition of softball field reservations with a fee attached to that. Bentley: Tom, we are not changing any of the above past fees? The previous, you know, $25 $40 and $75, everything else is staying current? Kuntz: Well, there is one change in that. The fees for park shelters will stand up to a four hour period of time and anything over four hours will pro-rated at $10.00 per hour with no maximum as on the prior resolution. Bentley: Okay, my question would be do we have anybody that's already reserved under the previous ordinance fhat would be effected by this change? What I'm say is we don't go back and tell them well, we changed our mind, now you owe us more. Kuntz: We would not do that at this point. We woutd honor the amount that they reserved it at this point. Bentley: Thank you. Meridian City Council ~ • March 3, 1998 Page 51 Rountree: Tom, when you investigated the fees for the softball, that's consistent with our neighbors to the east and west. _ Kuntz: Boise is fifty cents less. And Nampa does not have a set fee. They include that into their softball team fees, and they don't have a fee for the normal public to - they don't have a way for them to reserve them or charge. Rountree: And this fee is to be used to maintain the fields for reasonably safe pla~? Kuntz: It serves two purposes. One is we will maintain the fields v-fien we know they are reserved so that they are in a safe - they are safe. Two, is it give the group exclusive rights to those fields for that period of time when they reserve it. Corrie: Tom, is there a softball field reservation fee now? Kuntz: No, sir. Rountree: I guess up until this point, Mr. Mayor, we really didn't have much of a facility to rent and we should have, but we do have one now that's a pretty nice field, and we will have two more first part of next year, so I gues~ I would recommend that we seriously consider this amendment to the resolution. So we can maintain the facilities we have in a safe manner and as Mr. Kuntz points out, we can assure use to those people who do want to use the facilifies. Corrie: Just to be on the - Counselor, we don't need a public hearing? Rountree: Yeah, we would. Prior: We do. Rountree: This would be subject to a public hearing. Corrie: Because there is a seven dollar fee involved here. Rountree: This is discussion of whether we want to press with the hearing, and I would move that we add this to our next agenda, and have a hearing on the resolution 161 with the proposed minutes. Bentley: Second. Crookston: We will not be able to do it at the next meeting, because we need fifteen days notice. Rountree: Well, then it would be the - Meridian City Council • • March 3, 1998 Page 52 Berg: I will set it as soon as we can set it if that's your desire. Rountree: April7tn Bird: April 7th, Charlie. ~erg: Making sure that we would have the proper notice and the proper days. Rountree: So noted in my motion. Bird: I'll second it. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to April the 7th to put it on the agenda for voting of Resolution No. 161. Benttey: My question is are we going to have a facility or is what the feasibility of a bunch of people get together arid decide they want to go play some softball? Kuntz: As long as the facility is not being used, they are welcome to use it. Rountree: If iYs reserved, it will posted just like the shelters are posted. So those folks who have paid the fee will be assured. Kuntz: What the reservation does is it makes it convenient for citizens who want to reserve the shelter. It makes it convenient that they know that they are going to have a place to play softball where in the past, it has been first come first serve type of thing. Bentley: And I agree with that. My only concern is all the tax payers need to be able to have the ability to play some where, and you know, that was my concern. Corrie: Any further discussion? Anderson: How would somebody know then, will that be posted down there that they have to go down and reserve the baseball diamond. I mean if they just showed up and started playing, how would they know if they want to guarantee it. Kuntz: Yes, it will be posted that field use by reservation. We will post something to that effect. Anderson: Okay. Corrie: Anyone else? Question? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. Meridian City Council • • March 3, 1998 Page 53 ITEM NO. 17: WATER/SEWER/TRASH DELINQUENCIES: Corrie: Is there anyone here present that wishes to contest their water, sewer, trash delinquency? You are hereby informed that you may appeal to have the decision of the city viewed by the Fourth Judicial District Court pursuant to Code of Idaho. Even though they appeal, their water will be shut off in the amount of the sum of the turn off list is $29,896.20. Council, I will entertain a motion to aecept the water/sewer/trash delinquencies turn off list. Anderson: Mr. Mayor, I make a motion that we accept the water and sewer turn off list. Bird: Second it. Corrie: Motion made by Mr. Anderson and second by Mr. Bird that we accept the water, sewer, trash delinquencies turn off list. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 18: APPROVE BtLLS: Benfley: Mr. Mayor, I move we approve the bills. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we approve the bills. Any further discussion? All those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 18: DEPARTMENT REPORTS: (End of Tape) Smith: ... City Clerk Berg talked to Mary Cahoon today, and I talked to her also. She lives at 1875 N. Locust Grove Road. I think you have a copy of her letter that she faxed to Will. She has a domestic well out there, and she's got pump problems, and wants to consider hooking her home to city water. She is not in the city limits, and so she's been informed and the reason for this letter is to request city council approval for that connection. She understands that she needs to pay a double connection fee as required by ordinance. And she's also going to have to provide a service line connection to our water main in Locust Grove Road. I told her today that she probably could be looking at a cost of sornewhere around $2800 to $3,000 to make that connection. So she is going to have to weigh that cost versus repairing her pump and Meridian City Council • • March 3, 1998 Page 54 her well, but she did want to approach the Council with the request for this approval to connect, if they decide this is the route they want to go rather than try and replace the pump, and I guess they have kind of a mish mash of plumbing that might be difficult to deal with along with the replacement of the purnp. I am not real familiar with her situation, but she did seem to be very, interested in connecting, and so that's the reason for her request, and as she explains in the letter, it is an emergency. Their pump is down for the count. Corrie: We have a sewer line out to her house? Smith: Water. We have a water line in Locust Grove Road. Yes, she would have to conneat to fhat cross Locust Grove and connect to the water line. Corrie: Questions Council? Rountree: Mr. Mayor, I move that we approve the request for connection to the city water by Mrs. Cahoon with the understanding that they pay connection fee. Anderson: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Anderson that we allow the emergency connection to fhe city water with the double fees in connection. Any further discussion? Bentley: Should we contain in that motion that she can get half of it refunded upon annexation. Isn't that what we have done in the past on that? Rountree: I don't see that happening real soon. That whole subdivision is (inaudible). Bentley: Okay. Rountree: Unless somebody buys them out, I don't see that happening. Corrie: Anything further? All those in favor say aye. MOTION CARRIED: All ayes. Corrie: Gary if you will take care of that. Smith: Thank you. That's all I have. One other thing, Mr. Mayor. This has been kind of an off month for us in the building department since it's February. We had ninety finro building permits this month, single family. Corrie: Short month. Meridian City Council ~ • March 3, 1998 Page 55 Smith: Yes, sir, short month also. Corrie: Shari, I don't want to miss you. Did I ask you if you had anything yet? Stiles: I guess I'll just update you on where 1 am on trying to hire someone. I've talked to four people so far. I've got appointments for three more this week. I'm having a little bit of a problem with the planners. There's a short supply around this area now. Probably 75% of the people that have applied are people in some kind of a graduate school, or just getting their masters and are not going to be available until May or June. Also some of the local people that have applied are not satisfied with the benefits as far as the time o.ff in particular. That's their biggest problem, and the lack of any overtime compensation. Two of the appointments that I have later this week are for code enforcement. And t know I need to get somebody on board on that as soon as possible. I'm getting lots of complaints. And with irrigation season not far away, it's really going to hit hard. As far as our space, we are still not approved for occupancy. We've still got wires hanging out of the outlets. I was told that would be done today, but the gentleman working on it spent a half hour on it and the rest of the day gone. Also got a sink thaYs been installed in there, and it's just got a trickle of water coming out of it, so there's basically no where to get even a drink of water in the building, unless you go into the ~ bathroom and no one wants to use that because the plumbing is what was existing when the building was built. Tonight when I tried to leave, I eouldn't get the door locked. I finally had to go back inside the building to lock it. I did finally get it locked, but it wasn't locked but it wasn't locked how it should have been. It was - somebody could just;pull on the doors and open it. And the side door was completely open. There was some stranger in there when I left the building that I'm a litfle worried about the security over #here. Just wanted to update you on what's going on and Gary is scheduled to be in the 15"'? 13ih. And the way they are moving, it doesn't look like that's going to happen either. But we are trying to do our best, but just be aware you are probably going to get phone calls complaining how we are not returning calls. The first day that I didn't have a phone, and I wasn't in here, I got thirty six phone calls. I went home and spent three and half hours retuming eight phone calls. So it's - I'm getting deeper and deeper, and nobody wants somebody in there more than I do. But if you've got any leads on somebody that's got the experience, I would be happy to talk to anybody at this point. Bird: Shari, Gary what kind of lease we got down there wifh those guys? This is crap. Bob, who do you deal with? Corrie: Supposedly the Coldwell Banker has got it - Bird: You need.to go down and shake his - Corrie: Yeah, I'm going to see tomorrow about this construction and bathroom and water and phone, electric lines. I would be in favor, if they don't want to do what they are suppose to do in posthaste, get out of it. Meridian City Council ~ • March 3, 1998 Page 56 Bird: I'm with you 100% because there's other people around here that's got buildings that's close enough that will put it up. I think the City's bent over backwards for the whole thing, Mayor. I think it's time we took a stand and say boys, either get it done, or we are gone. Bye. Rountree: Is DMV having the same problems? Motor vehicles having. similar problems trying to get up and running? Stiles: I don't know. I mean they had little problems at first some of the janitorial work bathrooms weren't kept clean. They thought there was problem with the water, but I believe it's been tested since then, and there doesn't appear to be a problem. The telephone situation was not their fault. I was suppose to have phones today, and the telephone exchange - the work order they gave to U.S. West still had 217 East Pine which is the old Beauty School, so I got a call on my cell phone at about 10:30 today it said all my lines were now installed at 217 East Pine, but I said I didn't need them down at the Beauty School. I needed them where I was at. Bird: And this has been going on a long time, Shari. We've had plenty of time. The man in charge - Coldweil Banker, the muscle man or whoever it was, had all this thing all on line for you guys. I mean it isn't as if we walked in last month, and asked them to get us a facility ready. I mean how long have you been planning on moving down there? Four months? Since the start of the fiscal year? (inaudible) Bird: Yeah, November. And you know, you don't have your telephone people lined up, your electricians lined up. 1 mean, come on, thaYs poor. Stiles: Well, the electrician is actually one of the owners. Bird: Well, that's - like I say, Mr. Mayor is going to have to wring some necks. Corrie: t intend to tomorrow as soon as I get through with the Chief and the Fire Chief meeting. ~ Stiles: Are you going to wring their neck? Corrie: 1 didn't mean wring their neck. I am sorry I didn't speak that quite right. After I get through with the meeting with them, it should be about 9:30, I will be over there. Stiles: tt's been kind of nice not having the phones, but the safety issue with the wires hanging out, even though they are not active, I promised the Fire Marshall that I wasn't going to be one of the people that occupied before they got their occupancy certificate, Meridian City Council • • March 3, 1998 Page 57 and so until the electrician and the plumbing and the mechanical is all signed off, we will not be having people come inside for business. Corrie: When I get through, we will do one of two things. Give us our money back and we'll go somewhere else or them get it done. Anything else Shari? Tom? Kuntz: I don't have a name tag here. Bird: You don't deserve one. Rountree: You are not a public official so you don't deserve one. Bird: You got to put in your time, Tom. You come in here and want to jump right in. You got to mop fhe floors a little bit more. Crookston: I have nothing. Bird: I just got a couple of things here. We had a couple of our employees from the water departrnent get their ldaho Water Distribution System Operator Class II and Class f. Zack Davis got class I. And Tom Johnson got class II. Very good. I'm glad to see our employees do like this. Corrie: Congratulations. Give me the names and we will send them - Bird: You bet. I'm going to give you this. They have been compensated for it with their raise. Corrie: I am going to send them a letter. Would they like these back? Bird: No. That's - you can keep them. Corrie: All right, I will take care of it. Bentley: How much time we got? Bird: And you are not singing. Benfley: Well, thaYs when we end. A couple of things, back to the issue on the cop grant. We found out fhat if we don't activate this thing before October, we will lose it for the next three years. And in lieu of the fire situation and the upcoming budget year, this maybe a way to get us over the hump by activating and keeping this grant alive for the next three years. So keep that - Rountree: That's by October. Meridian City Council • • March 3, 1998 Page 58 Bentley: Yes. Keep in mind too, that every month we don't go, their grant runs January to January. So every month we don't get it, that's that much we lose off the first year of reimbursement. Rountree: We don't pay anyways. Bentley: Now, they are paying now. We got that part worked out. Secondly the sign meeting I had with the downtov-m business association was quite interesting. They explained out quite a few of the problems they had. I explained out our problems. What we were working on. What Shari and I have been working on. What the Council has been looking towards. As far as signage goes, they gave me a list of about half a dozen questions that all reflected, on what ordinance covers this sign. What ordinance covers that sign, and I read to them verbatim what the short ordinance says. But also stated to them that we have the right under annexation and conditional use permits to set requirements, and thaYs what we were doing until the ordinance was completed. I showed them a copy of the Damdle Ordinance and showed them how thick it was, and they said, Oh my gosh. I says yeah, but when you understand what's in here, you will see what the problem, and a prime example was one of the gals asked me, how about a reader board? You know, what do we discuss for the reader board. I says, well we don't allow reader boards any more for the simple reason of the problem we had with the Texaco and the bright lights, and she looked at me at she says, well, thaYs not a reader board in my definition. I'm talking the ones that you can change the letters on. Like they take the big poles and pop the letters up there with the suction cup, and I said thaYs part of the reason for restructuring this ordinance, and just like the Damdat a Ordinance has, it's got page after page of definitions so that everybody is on the same page. They also brought up the issue of the sign committee that's in town, and I says, there is no Meridian Sign Committee. I says there is no committee in town unless they have been appointed by the Mayor and approved by the Council, by city ordinance, they are not a committee that can go around using the City of Mecidian. I says if that is what you are doing, I said please stop. I said if you want to go out and get some suggestions as a group and bring them for us to look at and incorporate into an ordinance, that's fine. i said but do not refer yourselves as the sign ordinance group from the City of Meridian. So they were all pretty understanding and their mouths sort of fell open, and Gwen Alger asked well, how come I am getting all these phone calls if we are not the committee? I said I couldn't tell you. I said you would have to ask who is calling you, where they are getting fhe names from, because I don't think anybody down at city hall ~ is telling them. So anyway, I explained to them what the procedure was going to be. We are going to put together a rough ordinance and then ask for public input on it, and then doctor it from there, and massage it around to fit our needs. One question that was put before me and I didn't have an answer, and I said I would ask. There is an existing sign in front of a business, but they want to add to the bottom of it, stating a little more detail of what they do like we carry knick knacks and this and that and the other. What is the procedure for changing, making a change on a sign like that? Any changes has to go through permit? Meridian City Council • ~ March 3, 1998 Page 59 Stiles: First of all, is it a legal sign? Bentley: I'm assuming. I didn't ask that question. Stiles: You need to determine if it's a legal sign to begin with. The temporary signs are not ndw and never have been permitted. And they just run it through and if it doesn't appear to be a big deal, we give them the permit. Bentley: And I also - one of the other questions they asked was if they wanted to change a sign. I said if you go for the change of the sign, I said you are going to have to fall under the new ordinance which is the same principle if you went and did some update work on your building that you'd have to turn around and bring it up to code. So and basically fhaYs where we teft. 1 told them we'd be in touch when we start to put things together and get their ideas gathered up, but I told them we are looking at monurnent signs very heavily. I said there may be some exceptions along the freeway corridor where we allow taller sign. I says but that's going to be decided by the Council, and the building department. That's all I got. Rountree: John was jumping for joy down. I think he had something he wanted tell us. Prior: I'm going to try to be as brief as possible, and I know this is unusual, but Wayne gave me permission to say a few things. One, the Cherry Lane LID, I've been working on that project for a liftte while, and those folks seem to have things settled. They are going to accept Nampa Meridian Irrigation's proposal. But where to put the fence. The only concem is how does the City Council plan on paying for that fence. We got $48,000 for the LID. Excuse me, $49,000 for the LID. IYs been approved, the ordinance has been passed. Do we pay it in cash? Do we take out a loan? I need to - the folks over there came up to me and said, well, when can we get the fence built? We'd like to have this done within ninety days. I didn't have answer for them because it's you folks who decide how we plan on paying for that $49,000 fence that runs along fhat - Rountree: Well, that's one of those budget things that I think fell through the cracks. It's in the budget to pay out, but there's a iong term pay back. So fhere's no ~evenue on the other side. So we have to deal with an out go of $49,000, and then is it three years or five years, five year revenue pay back. So that money has got to come out of general fund - Prior: And I didn't mean to drag this in, just - my purpose was food for thought. I would just like you folks if you would please consider how you want to do that so I can get back to them. The sooner you get back to me, the quicker into an encroachment with Nampa Meridian Irrigation and get an answer for these folks, and work on getting this project done. I don't think it's wise for me to proceed until you tell me how you plan on paying for it. Meridian City Council • • March 3, 1998 Page 60 Bentley: Well, since legal is working on it. Corrie: Can't we just bill them, their portion of it? Prior: Bill who? Corrie: The people. Prior: It's an LID, Mayor. There's twenty homeowners along there, and they are not going to be able to come up wifh $48,000. Bird: We budgeted it for general fund, and then it's a pay back in five years on the LID. Rountree: So the money is there. We just didn't show any revenue. Bird: We won't have any revenue. Rountree: No, you won't, and iYs budgeted in your budget, Gary? Is that public works? Prior: No, I think it's general fund. It's budgeted as a revenue and iYs also put in as an expenditure. Just so that you reflected the fact that the LID was formed. There is no money in the budget for this fhing right now. I'm just saying that there's $49,000 out there that these people want to be able to spend on a fence, and we don't have the $49,000 at this time. I didn't have - we don't Mayor. The $49,000 is not there. IYs put in as revenue and it was taken out as an expenditure because it's there - iYs only reflected to show that fihe LID was formed; and that was the sole purpose of that. Bird: It does come out of the general funding though? It don't come out of building? Enterprise or something? Smith: General fund. That's the way it's shown on the budget. Bird: Yeah, but is that the way LID's are normally done, and that's what I'm asking? Smith: Yes. Bird: They all come out of the general fund, anything that's like that. A pay back or something like that. Prior: They did approach me, and the folks along Cherry Lane said if this thing can't be resolved within ninety days, they would like to assume withdraw the LID all together, and they are on their own. That's also a possibility if you want an out, they are willing to do that as well. Because they are pretty frustrated that this thing has dragged on for a considerable amount of time, so if you - Meridian City Council ~ • March 3, 1998 Page 61 Rountree: They are not the only ones. Bird: 1 don't blame them. Rountree: I don't know what our revenue situation is. I never seem to get a good pulse on that. But - seems to me that we committed to those people that if they were willing to vote themselves an LID, we would contract this project, we certainly did error in the budget side of not showing that revenue coming in over a period of five years, but I would say if we can we need to advance this thing to contract and see if we can even get a reasonable bid. 1f we can't get a reasonable bid, then they are on their own anyway. Smith: The plans and specifications are ready to go with the f.ence set where Nampa Meridian originally dictated that the fence was to be set, and as soon as an encroachment agreement is received, then we can put the thing out for bid, and see what we do get. Prior: But we still have to be able to pay for, and no one's going to do the work unless we can pay for it. Bird: But if it goes out for bid, you are not going - you probably won't get it completed in one month anyway. You won't have to pay for it all in one month. But you ought to have the money there back it. Prior: It just might be wise for future thought that before you consider approving LID's, you may want to think real clearly because you are going to be held responsible for funding those particular things if you approve them, so any LID's in the future may want to be carefully scrutinized. That maybe a policy we want to consider. Rountree: I would suggest that we have - take a look at the general fund account. If there's sufficient funds to cover this, if extra is the right word, and I know iYs not, but if there's some unspent monies that could go towards this, the sooner we get on top this the better. I know the Mayor's heard about it for years. 1 get phone calls on and on a frequent basis, so 1 would ask Will to get with Janice and see what our financial situation is, get back to us and maybe Tuesday night we can deal with this with our special meeting for Planning and Zoning. Inaudible Rountree: The one we are having before Planning and Zoning because I would very much like to get you going on the encroachment permit and agreement and get Gary to get that thing out so maybe we can do that next week. Prior: And I have one other very brief thing. And that's in regards, I'll try to be brief. Shari has told me there are a number of people out there who are violating not only our Meridian City Council • • March 3, 1998 Page 62 sign ordinance, but a couple of other - there are all sorts of violations going on out there. I had a meeting today with an attomey from a church that has a half a dozen to a dozen different violations under our municipal code. Gary also pointed out he has some 25 or 30 temporary occupancy violations, is that right? A little more than that possibly? Smith: About a page and a half. Prior: A page and a half of temporary occupancy violations. There are a number of people out there that are disregarding the building and zoning regulations in this city. And you can just go out the front door and walk down the street a block, and I can show you half a dozen of them out there. Apparently the policy in the past has been that you are not going to institute any criminal proceedings against these folks. What I propose you folks do is - if you are going to hire a code er~forcement officer, why don't you give him something to, do. Because if you are hire a code enforcement officer and excuse my brashness, but fhe only way I know, if I come across as being a little brash, I apologize. But the fact is if you are going to spend $20,000 to hire a code enforcement officer, you might as well give him something to do. That mean they give him the ability to write citations to people telling them and warning them that they are in violation of the municipal code. tf you want to do this purely civilly, iYs going to cost the city a lot money for me to civil lawsuits against every person violating our municipal code, and it's going to be - it's going to take a long time. Indications of that are the lawsuits that we are involved now that are taking a long time. Specifically the parks and recreation. It's going to go on for another month. Multiply that times 80, and that's how many how civil suits I'll have instituting against 80 to 100 people violating our municipal code in this city at this time. What 1 propose is you allow me to institute criminal proceedings against these folks. And I've had an opportunity to talk with the city of Caldwell and Canyon County and how they do it, and #ypically when you gives somebody a warning and city them with a warning and then institute criminal proceedings against them, typically 80 to 90% of these so called problems go away. Nobody wants a misdemeanor on their record for violating a sign ordinance or violating any other building or zoning code violation, and they can easily be dismissed. The ones that don't go away can be handled in a criminal proceeding relatively quickly within thirty days as opposed to sixty, ninety, 120, 180 days for a civil matter at the best. But it whether the city wants to proeeed with it. I'm just telling you if you don't proceed and allow someone to do anything in this rnanner, you can just assume that people are going to disregard your zoning and building and regulations. It's just not going to happen. You are just - Corrie: 1 understand that you want the code enforcement o~cer be able to write the tickets. Prior: Yeah, I mean, -- Corrie: not just warnings. Meridian City Council ~ ~ March 3, 1998 Page 63 Prior: No, just go out and write, issue a citation to someone and say, and Shari and I have had a long talk about this. Just go out and issue a citation. You are in violation of our sign ordinance. Then he goes back in a few days, three or four days, or a week, and if it hasn't been resolved, then we file a complaint, and we start proceedings against him. We have a policy where I'II send some letters out beforehand and let them know. Hey, this has been passed on to the City Attorney's office. We are serious about this and you are going to comply, and if you don't comply, we are going to file criminal charges. And usually, like I said, just sending that letter is going to clear 80 90 percent of the problems right off the bat. Those 10% that linger after 1 get them in court and stand them up in front of the judge and say fhis is the way iYs going to be, it's amazing how many of those will clear up as well. And the few that are left out there well, they are just going to have to learn the hard way, but you need to set up a policy that - you know, right across from the city attorney's office there's guy that has three signs out on the street, and he's violating the sign ordinance, and he's doing blatantly in front of the city attorney's office. I go by it every day. And it's absolutely outrageous that this guy is blocking the sidewalk with three or four signs and fhe fact is - and vacuums and appliances and everything else. And our city does not - Rountree: Do you need one? Prior: What's that? I don't mean to drag this on, but our city doesn't do anything about it. And the fact is he knows it. And he knows that we are not going to do anything about. Bentley: Are you sure you are not from Idaho? Rountree: Solution is drafting an ordinance, amending an existing ordinance? Prior: No, no. We don't even need an ordinance. All we want you to do is say yes, go ahead John give it a shot, and give Shari the opportunity to fiire a code enforcement officer to issue citations and let me proceed, and if you let me proceed, then we will clear a lot of these up relatively quickly. If you don't then we are just going to live with the fact that your friends with the sign ordinance and everybody else are going to do whatever they want anyway. Corrie: There's some way to make it a policy. Rountree: I would like to see a policy before we give you the reigns on this deal. Prior: You are not giving me any reigns. You are giving Shari Stiles the reign. Rountree: Then that would be my preference. Something that establishes where we are coming from. • Meridian City Council ~ March 3, 1998 Page 64 Stiles: There are so many violafions in the City, and it gets worse and worse. Since Dean is gone, I mean he would try to be the nice guy, and try to work it out with them. He would spend hours and hours on a single item. Prior: I just spend two hours with an attorney with Shari this afternoon about a church that probably has a dozen violations, and we finally got what we wanted, but it took two hours of ine telling the attorney we will sue you, and I will shut your church down if I have to. But basically it came around, but that was a civil suit that would have to be instituted, and he was told. Now, that's expensive. It's a lot easier to say it's a$300 fine, and six months in jail if you don't do it. Now no judge in this county is going to give somebody jail time for putting up an illegal sign, but they sure as heck are going to give them a two or three hundred dollar fine and make them pay the court costs. And they are going to think twice about next time putting a sign up. It will never get that far with most of these people. You just mention to the people that this is a criminal action that we are considering, and they are going to back down. And I didn't mean to talk on. Maybe that's my nature. Bird: What kind of violations, Gary, are you referring to that's got a page and a half? Smith: They are temporary occupancy permits that were issued through the building department for commercial projects, and the temporaries were issued in order to allow the party to occupy th~ premises and fhere were certain things that needed to be completed by the occupant or by the building owner prior to the final certificate of occupancy being issued. A lot of those items have not been completed. There are some of them that are under bond that landscaping for example that couldn't be competed because of the weather. Paving that couldn't be completed because of fihe weather, so fhose extenuating circumstances, and in most cases those are covered with some type of surety to guarantee that they will be done, but there are some old ones, I mean really old ones that are several years old. Bird: How come our inspectors or something aren't pulling the permits? Do we have to do it here? Smith: Well, once we let them in as a temporary occupancy, I don't know that there's a real good way to say 1'm sorry folks, you are going to have to ~eave. Bird: Go out and cut the power. Smith: I don't know. Bird: We got to have something. Smith: Our building inspector and I- Bird: On temporary permits, aren't they only, they are only for so long, aren't they? . Meridian City Council • March 3, 1998 Page 65 Smith: Well, they are suppose to be, yes. Bird: Okay, and then our code people, our inspector should be back out there. I mean it's just like our - just like we don't ever inspect our buildings within the city for fire safety. I mean go in and check buildings. Mine out there on old Five Mile, we get checked every year by our fire district. And 1 bet you there's buildings here in Meridian that has never seen the inside of a fireman to check if they got fire extinguishers. Smith: IYs very possible. Bird: And this is something that - on those temporary permits, they got so long don't they Gary? Smith: Yes. Bird: And then we can - you can yank it, and then they are illegal to be occupying the b~uilding. Isn't that right? Chief can over and lock them out, can't he? Smith: I don't know what the legal ramifications are. Bird: I think you can and I think do that once or twice I realize this happens. We don't enforce a lot of things. I know a subdivision out there that went ten years before they ever got their ir~igation system in, and they've been promised to have it in the first year. The developer had. Prior: What it comes down to is that you have some teeth and you got to be able to go after some of these people and say this is what - ~ Bird; Well, I think on those temporary occupancies, you've already got teeth. I think it's just a matter of our inspectors going out and getting it out. I think you can legally after a certain period of time, I think you can legally lock them out of th~ building. Corrie: Well, I think the legal department better check it out. Prior: I think you are 4alking about violating tenancy laws, and the problem is that you have to give thern a certain amount of notice, and you have to give them notice to quit on all of #hose things and you are talking about violating - Bird: The temporary permit has already given notice, John. Crookston: You have to give them notice. • Meridian City Council ~ March 3, 1998 Page 66 Prior: You still have to give them a notice to quit on a temporary. You can't just evict somebody and kick them out and lock the door. You do that and you are going to be keeping me real busy. Bird: The Chief shows out there some rnorning. Prior: You are going to keep me very busy, you start doing that kind of stuff. Bird: Gary, isn't there something in the - t mean on the temporaries, don't they have a certain period of time? And then it's up to us to go~after that certain time to see that iYs full time. Corrie: Why don't you set us up a policy some type of code enforcement thing. I want it myself. We've got to it. I would like the Council to see a policy, and then let them vote on it. I don't want to make policy, I'm not suppose to. So I think tha~ they should, but ! would like to see a code enforcement officer - Prior: So just give me a feel, are you comfortable with going with criminal sanctions against these people, or is that something I'm wasting my breath to spend the time to do something like this? Bird: I'm Iike Charlie. I'd like to see a policy, but I'd also like to find out the legalities of these temporary permits that we got hanging out here. This is ridiculous. Rountree: There's a lot of unknowns, but I would be interested in enforcing power ordinances, whether it's civil or criminal what ever most expeditious to the city, and what's most cost effective, and probably what's more fair to the customer out there. Prior: I just got tired of Shari Stiles bothering me every day about this, that's all. I'm fed up. Corrie: There's a code enforcement officer, and Pm suppose to see what the Council says to do, it's done. And I would like the Council to back me up when something like this - Prior:. But our code enforcement officer doesn't even have a citation book. What is he doing out there? I mean what was - Corrie: It doesn't matter what he's doing or did, we don't have one now, brings us a- Rountree: Establish some procedure and policy. Prior: That's all I've got. Rountree: Thanks a whole bunch. Meridian Cit Council ~ ~ Y March 3, 1998 Page 67 Rountree: Did we ever get a motion or get action going on appraisal? Bird: Yes, we did. Bentley: Wayne was going to get the appraisal taken care of. Rountree: But we didn't have an o~cial action because we couldn't when we talked about it. I would move that City Council instruct the City Attorney to initiate appraisal foc the land and or structures of the jointly owned property between the city of Meridian and the Meridian Rural Fire District. Bird: Second that. Corrie: Motion made by Mr. Rountree and second by Mr. Bird as stated. Any further discussion on the ~motion? Anderson: I think we need to amend the motion to clarify that it's just the properties over here, not the ones out on Ten Mile. Crookston: It's just the ones that are joint ownership, correct? Corrie: The one on Ten Mile is owned by the City. Bird: Ten Mile isn't joint. ~ Crookston: The property that we just got from Mr. Teeter is not joint, and the property that's out by the sewer plant is not joint, so everything else is joint. Corrie: Any further discussion? All in favor say aye. MOTfON CARRIED: All ayes. Rountree: I'd also move that we instruct the City Clerk to work with the Public Works Director to issue a request for proposal to develop a concept for a future city hall complex. Bird: Second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird for the Director of Public Works and the City Clerk to work togefher on the concept for a new city hall. As the motion states. Any furfher discussion? All those in favor say aye. MOTION CARRIED: All ayes. Meridian Cit Council ~ ~ Y March 3, 1998 Page 68 Rountree: The last thing that I have is that we have a meeting the 5th, this coming Thursday with ACHD and ITD at ACHD at 7:00 to discuss whatever they want to talk, but signals on Eagle Road. Yeah, we got the special notice. It is at ACHD. 7:00, and the last thing is my batteries are dead. Anderson: Just one thing that we have not been contacted by the Fire Fighters Local, yet so nothing new on that front. Corrie: There was a letter sent out on all the new people on the board of equalization or whatever, your union negotiation team sent by registered letter. Pve got finro things. One is I have a meeting tomorrow with the senior citizens. They are running about $15,000 in the hole a year. They are going to probably want to talk to the Council about see what fhe Council might want to do and help them. So just to keep your heads up on that one. I put in your boxes Ada Planning Association Memorandum of Agreement on the Treasure Valley Govemment Agencies for application for transportation system. Have you all had a chance to see that memorandum? Do you have any questions? If you would - we either have a resolution on that, I'll have a resolution, -- they got a plan here. A model of a resolution. If you would like to have it put up for the City, and we'll have it at the ne~ meeting. Rountree: So moved. Bird: Second. Corrie: Motion's made and second that we have the resolution printed up and ready for the Council on the 17th of March. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. Corrie: I'll have that for them and then we will have the signing. It woufd be the signing of the regular thing will be at a later date, but we have that done. Mr. Berg, do you have anything. Okay, I'll entertain a motion for adjournment then. Bird: I make a motion we adjourn. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree we adjourn at 11:40 P.M. All those in favor say aye. MOTION CARRIED: All aye. MEETING ADJOURNED AT 11:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS ~ Meridian City Council ~ March 3, 1998 Page 69 ATTEST: WILLIAM G. BERG, JR., CITY CLERK APPROVED: ~ . • MERIDIAN CITY COUNCIL AGENDA TUFSDAY, MARCH 3, 1998 - 7:30 P.M. ~~ ..,~ CITY COUNCIL CHAMBERS ~ . ROLL CALL: RON ANDERSON ' _~CHARLIE ROUNTREE GLENN BENTLEY ,~_KEITH BIRD MAYOR ROBERT CORRIE MINUTES OF PREVIDUS MEETING HELD FEBRUARY 17, 1998: ~~/~~0~~ MINUTES OF SPECIAL JOINT MEETFNG WITH MERIDIAN F1RE COMMISSIONERS HELD FEBRUARY 14, 1998: ~~~"°V~' MkNUTES OF JOINT SPECIAL MEETING WITH MERIDIAN FIRE COMMISSIONERS HELD FEBRUARY 21, 1998: ~-/~p~~~ 1, iABLED FEBRUARY 3, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR VARIANCE FOR ASHFORD GREE'NS SUBDIVISION BY BRIGHTON CORPORATION: ~G-/~e o~ ~~ G'~Q~.Qa~ 2. DEVELOPMENT AGREEMENT FOR PRESTtGE CARE: ~~. ~'~`"~`'e ~~~'~` ~O~-'" ~c'~ ~ 3. TABLED JANUARY 20, 1998: FINAL PLAT: DEVLIN PLACE SUBDIVISION FOR D.W. iNC.: ~ ~,~~ ~ ~l~ ~i~ ~ v-e- w ~ J~'~a~'/L ~v~"' 4. TAELED FEBRUARY 1'7, 1998: FISCAL POLICY ORDINANCE: ~~rov~ a~ a~n~cCec~ . 5. TABLED FEBRUARY 17,1998: REGIUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY: MCCALL PROPERTIES: ~~~ G~~~ !'~ti~ l7 ~ /~f~-, 6. TABLED FEBRUARY 17, 1998: DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION NO. 1: ~~~. c~-~ ~ ~-~- ~ o ~ ~~~ ~-~, 7. TABLED FEBRUARY 17, 1998: DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIV.ISION: ~o ~ ~. u~ -~e~ w~ /~-~- ~ ~''~' 8. FINDINGS OF FACTS aND CONCLUSIONS OF LAW FOR REC~UEST FOR A VARIANCE TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED I'N RAMA SUBDIWSION BY: B-II L.LC.: ~'~'-'"°YR ~'l~' ~c/~ ~~~,,, e ~c~ 1 r~-=-- ~ ~ 9. DISCUSSiON OF STUB STREET NEEDED IN CROSSROADS NO. 6 SUBDIVISION BY: LARRY SALE - ACHD: ~~e- u~:e ~c ~~/~ `7= !~~- 10. DISCUSSION OF NORTHEAST CORNER 0 EAGLE. & USTICK BY: BECKY BOWCUTT: ~.et i~e2fur-~ .re t-u.~ ~~c~~'~ ~,,ifh. ~-e~ ~l~.e ~'L~-`r 11. PUBLIC HEARING: REQUEST OF A REZONE OF .36 ACRES.FROM R-4 TO L-O BY KEITH 8 CATHY THURGOOD: ~~ro/e -~'l~ ~e~G ~i~~pJ"o vP GL~eci si ~J G°! ~ 2ff~'~^-~~- ~/~'~/~a~"'e~ ~ Za„-2 ~-~i i' a~ u~ 1 2. P U B UC HEARING: RE Q UE ST F OR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER BY JOD~~ : `~ c~L ~/` G;~-~, ~v a~2 ~~7~1 ~ `~' v 13. PUBLIC H RING: R~QUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT - NW CHERRY LANE VILLAGE N0. 1 BY STEINER DEVELOPMENT: ~ ~i~f a~~~mc~ ~~e/~~ ~.e~- ~'/~ ~ ~lc~ 14. PUBLIC HfEARING: REQUEST FOR A, PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEfNER DEVELOPMENT: - f ~~Ce-- G~-~i2 in-a"`~~. ~7n ~'~' 15. REQUEST FOR APPROVAL OF MERIDIAN TRANSPORTATION TASK FORCE COMMITTEE MINUTES HELD JANUARY 7, 1998: r/,~'l~YOV'~ 16. RESOLUTION #161- FEES FOR RESERVATION OF AND USE OF MERIDIAN PARK FACILITIES: .` /~1,e/~a.,,c ~/H ~- ~'.,~.~ ih~-a-se.s 47. WATERlSEWER/TRASH DELINQUENCIES: ~~~~ ~' ~ ~~• ~Ppr°"'~ I;~cl.Gr' - wj~'rov e.~ 18. DEPARTMENT REPORTS: SHARI STILES: GARY SMITH: OF MERIDIAN PU~I~C MEETING SIGN-UI~HEET R~CE~D MAR - 3 1998 CITY OF MERIDIAN RIDIAN PUB~ MEETING SIGN-U1~HEET REcE~D MAR - 3 1998 CITY OF MERIDIAN NAME PHONE NUMBER ¢ ~ • BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN REZONE R-8 RESIDENTIAL TO L-O LIMITED OFFICE Keith and Cathy Thurgood 236 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 13, 1998, at the hour of 7:30 o'clock p.m., the Petitioner, Keith Thurgood, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1, That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 13, 1998 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 13, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property, contains approximately .36 acres and is located within the City of Meridian and which property is ,described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 1 THURGOOD --REZONE • • herein; the Applicant is the owner of record of the property, The property is currently zoned R=8; that the Applicant is requesting a rezone to L-O Limited Office; that the property is within close proximity to existing homes and schools; that the proposed office request is consistent with the growth pattern west down Cherry Lane; that the U. S. Bank building is located one property away to the east and the property immediately to the west is a mobile home park, virtually everything along Cherry Lane frontage to the east is business, office or commercial. 3, The Applicant stated in the Application that this proposed zoning amendment would allow for a professional office site in the current structure using the existing vehicle entrance and exit off Cherry Lane; that the plan for parking, signs and landscaping would meet all City Ordinances and that the overall goal is to mirror the professional look of existing office sites nearby. 4. Keith Thurgood, testified before the Commission that he and his wife, Cathy Thurgood would like to have the property rezoned so that they can use the residence as a full time office. Mr. Thurgood testified that currently the property has an accessory permit to use a portion of the residence as an office. 'Phey would like to convert the whole building into an office. 5. Comrnissioner Borup inquired if any other improvements are planned. Mr. Thurgood responded that the they might look at additional parking and paving in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 2 THURGOOD --REZONE ~ ~ He noted that they are not planning on adding any space to the current building. 6. Commissioner Borup inquired as to whether any space might be rented to others. Mr. Thurgood noted he would occupy the majority of the space but if there was additional room available he might sublease a portion of the building. Commissioner Borup noted that is where the additional space would be needed for parking. 7. Comrnissioner Smith noted the Thurgood's plan on residing in a portion of the building on a temporary basis. Commissioner Smith wanted to know how long do they anticipate residing in the ~ `jQ /•rioc~rh. building. Mr. Thurgood noted within a~ar to year and a half. 8. Commissioner Johnson inquired about the location of the parking. Mr. Thurgood responded there is parking on the east side of the building now and they anticipate adding additional parking in the back yard area. Commissioner Johnson inquired about staff's requirement concerning paving of the property. Mr. Thurgood responded that he has no concerns about those requirements and made an additional comment about the wa~ter and sewer requirements and how he expected those comments. 9. Shari Stiles submitted comments, which include the following; that all landscaping shall meet the requirements of City Ordinance 11-2-414D. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. A screened trash enclosure is to be provided per City Ordinance. Coordinate dumpster site locations FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 3 THURGOOD --REZONE • • with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. Applicant to provide curbing and under.ground sprinkler system for all landscaped areas. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance Section 11-2-414 and the Americans with Disabilities Act. Graveled driveways, parking, and access will not be allowed. A drainage plan designed by the State of Idaho licensed architect or engineer is required and shall be subrr-itted to the City Engineer with calculations (Ord.557, 10-1- 91) for all off street parking areas. All site drainage shall be contained and disposed of on-site. Applicant is to obtain a certificate of occupancy prior to opening for business. All signage shall be in accordance with standards set forth in Section 11-2-415 of the City of Meridian Zoning and Developrnent Ordinance, the Uniform Sign Code, and shall receive design.approval of the Planning and Zoning Department. A-frame and other temporary signs and banners will not be permitted and will be removed upon (3) three days notice to the Applicant. Sign permits are needed for all signage. Any building construction shall be in compliance with the Americans with Disabilities Act (ADA) and all Uniform Codes. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties as determined by the City of Meridian. ~ 10. That the Assistant to the City Engineer, Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 9 THURGOOD --REZONE ~ • Freckleton, submitted comments; that assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Applicant will provide any information they might have in regards to their anticipated water demands. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates. 11. That the Ada County Highway District submitted draft comments and they are incorporated herein as if set forth in full; that the draft site specific requirements are as follows: 1. Upon significant redevelopment of this site or the site to the east, the existing curb cut driveway shall be required to be reconstructed as a curb return driveway. 12. That comments from the Nampa & Meridian Irrigation District, the Meridian City Police and Fire Departments, and Central District Health Department were submitted and they are incorporated herein as if set forth in full. 13. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 14. That the property is presently zoned R-8, Low Density Residential; that the Applicant's propose a rezone to L-0, Limited Office District; that a professional office building is a permitted use in the L-O District. 15. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAi^1- page 5 ' THURGOOD --REZONE ~ • (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 16. That there was no other testimony heard. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 6 THURGOOD --REZONE ! ~ Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council ... may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of ~the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-O District as it presently exists, and meets the requirements set forth herein would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-8 fashion. (d) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R-8 development. ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 7 THURGOOD --REZONE • ~ • (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (j) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is concluded that the comments, recommendation and requirements of the Assistant to the City Engineer will have to be met and complied with. 8. That the comments and requirements of the Planning and Zoning Administrator shall be met a_nd complied with. 9. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. 10. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the property should be rezoned to R-8; that as set forth in 11-2-416 J., violations of the conditions of this rezone shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the FINDINGS OF FACT AND CONCLUSIONS OF LAW- THURGOOD --REZONE Page 8 . • City of Meridian. 11. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 12. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 13. That all requirements of these,Findings of Fact and Conclusions of Law shall be met, including entering into a development agreement, which shall address the cornments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 14 It is recommended that this request for a rezone be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW- THURGOOD --REZONE Page 9 ~ • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. nr~r T /"~TT r CONIl~II SS I ONER SMI TH VOTED~``~ CONIMISSIONER BORUP VOTED~ CONIl~IISSIONER NELSON VOTED ~~- _ COMMISSIONER MacCOY VOTED a-4S CHAIRMAN JOHNSON (TIE BREAKER) VOTED l~l ~(~ v~ FINDINGS OF FACT AND CONCLUSIONS OF LAW- THi7RG00D --REZONE , Page 10 • • DECISION The Meridian City Planning and Zoning Commission hereby recommends approval of this Rezone 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 and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. MOTION: APPROVED DISAPPROVED: .,, ~,o ~~ , FINDINGS OF FACT AND CONCLUSIONS OF LAW- THURGOOD --REZONE Page 11 ~ ~, APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Gity Council hereby adopts and approves these Findings of Fact and Conclusions of Law on fhis 3~d day of March, 1998. ROLL CALL COUNCILMAN BtRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRfE (TIE BREAKER) (INITIAL) APPROV. VOTED__~~ VOTED VOTED VOTED VOTED DISAPPROVED FINDBNGS OF FACT AND CONCLUSIONS OF LAW - KEITH AND CATHY THURGOOD - REZONE ~ i~ • gEFpgr, TgE I~;gIDIAN CITY COUNCIL APPLICATION OF B-11 L.L.C. FOR A VARIANCE FROM 11-2-414 D T THE NORTHEAST CORNER OF THE 1-84 .~~.. ,~,..,~r~ Twtrt~~flf~L7nNf~Ti'. ~N PR~~`s~'+$$ ~ ' C~l ~ r~~ . i ~ ; 3-3-~8' ;' ~~ ~ ~' E`INDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on February 17, 1998, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicants appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: gINDINGS OF FACT l. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for February 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 17, 1998, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. 1.b of the Revised and Compiled Ordinances of the City of RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 1 ~ . Meridian; that his requirement has been met. 3. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, l., requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 4. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 7., requires all development applications shall include a site plan (drawn to a minimum scale of one inch equals fifty feet (50') which is fully dimensioned and shows any parking or loading facilities to be provided in compliance with this Ordinance. Such site plan shall be submitted to the Commission for approval when the required off-street parking is more than six (6) parking spaces and shall indicate ingress and egress to the area and traffic patterns in adjacent streets and alleys and appropriate landscaping. The Applicant did submit a site plan. 5. The Applicant proposes to have sixty-two (62) motel rooms which require 62 parking spaces and the Ordinance requires parking spaces for employees. The Applicant proposed that it have 63 parking spaces which is not enough spaces for the Applicant's employees and room guests. 6, That the Applicants have requested to be granted a variance from the above Ordinance requirements so that they may reduce the number of parking spaces required for the new motel rooms and employees. RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 2 • • ~. The Applicants did submit a drawing of their property with the Application; the drawing does show space that could be used for off-street parking but sufficient space for the required parking spaces was not shown. g. The property in question is described in the variance application and is incorporated herein as if set forth in full. g. That the Applicant does own the property. 10. That the Applicant, Jim Coles, gave a brief summary of the variance request. Mr. Coles presented a large plan pertaining to the number of parking spaces and the overall layout of the project. He was unsure of the motel occupancy and the number of parking spaces required for the employees. This will be a three story building with maximized parking spaces, staying within the twenty-five foot setback, the twenty foot drive ways, etc. The total number of spaces will be sixty-three with a sixty-two unit , motel. There are sixty-two rooms, thus leaving one space for employee parking. This would be the total site. The existing Best Western Motel has a total of sixty-two spaces, with one space for employees, and sixty-one for the motel rooms. Sequencing and occupancy plays into the number of parking spaces. Staff inembers, mainly maids and maintenance, would arrive around 9:00 a.m., and therefore leaving a fairly vacate parking lot. This is the basis for the variance req.uest. Basically, there would be two employee spaces which would be covered in the evening, and the additional staff arriving in the morning would be at a time when there was no RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 3 ~ • occupancy in the building. Councilman Rountree questioned what Mr. Coles was unclear about with the parking requirement regarding his discussion with Shari Stiles. Jim Coles responded he thought one space for each two employees, or one space covers two employees, employees are there during the day time. There is no time frame for day time employees Mainl , he was and there can be up to eight to ten during the day. Y coneerned about the intent of the code and he felt it was a functional system. Councilman Anderson questioned the Applicant about the a numerous cars parked out on the street since it was basica y b earlier in the day a dead end street. He noted when driving Y parked tractor trailer rig. He questioned if it was normal for guests to park there or employees, or what the circumstances were. Eventually the street will be punched through with other businesses farther down that street. Since parking is a problem, what would the opened street cause? 11. Mark Kreizenbeck, a partner in the Limited Liability Corporation gave the following comments at the hearing. Pertaining to the truck parking, they park there because there is no other parking for them. Bob Nahas of the Nahas Group informed him when the street gets punched through the trucks will not be able to park in the street . The parking is set up for cars and pick-up trucks and not for semi's. Trucks cannot stay on the street as the RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page -~ • • Meridian Police will remove them. Basically, when the trucks were parked there it did not interfere with the parking spaces. There seems to be enough parking for everyone. ~ - Councilman Anderson questioned if a driver had a tractor- trailer if he would be allowed to stay, to which Mr. Kreizenbeck replied, "No they can't park there." If they could find somewhere else to park that's legal then they could stay. The Meridian Police informed Joe Dunn when the street goes through there will be no more parking permitted on the street. Mr. Kreizenbeck further stated that if some guy walked into the motel they would rent him a room, but not if he had a truck, unless it was moved or parked somewhere else. The parking lot is for cars and pick-up trucks. Councilman Anderson questioned Chief Gordon if the enforcement would be a problem with the department. Chief Gordon responded that people will park where space is available but the Ordinances allow trucks to park in commercial areas, and this street is in the commercial area. Mr. Kreizenbeck had spoke with the Manager, Joe Dunn, about the parking and right now it doesn't have any parking along it. It does have a center turn lane and a lane going each way, so there isn't any place to park. As far as night parking, there is plenty of room and room for the employee parking, and still one space per room. There was no parking planned for big trucks. When the street goes through that will stop the big trucks from parking on the street. RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 5 • • Additional comments between Chief Gordon and Mr. Kreizenbeck had to do with development of the area and when development happened the general area will have parking problems, whether cars or trucks. Mr. Kreizenbeck added that there is enough parking places for the rooms, but Chief Gordon questioned where the trucks, that are presently parking there would go. In response, Mr. Kreizenbeck stated the trucks are like the tractor-trailers and they only take up one space, no trailer, just the tractor, which fits in a ten by twenty parking spot. Chief Gordon inquired if they were renting rooms, to which Mr. Kreizenbeck replied, "Right, they're renting rooms and they're fitting in a ten by twenty parking space. There's only one company that's doing that, all the rest of them were going down to the terminals and picking them up; the.ir companies won't let them park their truck down there". Chief Gordon noted there were no parking signs along the road. Enforcement of the no parking will be a major problem for the Police Department. Mr. Kreizenbeck stated the developer was the one who informed him of the ~~no parking" along the road. Councilman Anderson had one more question for Shari Stiles and it pertained to the confusion over the number of parking spaces. He asked her to explain whether it was the number of spaces for all employees or the maximum at any time and to explain how it works. Ms. Stiles stated she did not think the Ordinance was too specific on it but her interpretation is the maximum number of employees on RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 6 • • the site at any one time. Councilman Anderson added that he had eight employees in two, to which Mr. addition to the number of guest rooms of sixty- lo ees and sixty-two spaces, Kreizenbeck confirmed the eight emp Y in the employees arrive at 9:00 a.m. There was one desk also add g clerk at niqht, one in each motel. Councilman Anderson inquired if the desk clerk had to leave employee at night. Mr. Kreizenbeck the desk if that was the only added there is a van driver, but he' s going to and from the truck terminals. He comes and goes from seven until about midnight because the trucking companies require they be picked up and taken back. Also, Best Western has one airport pick up per night on average. olicies on landscaping so Councilman Anderson questioned the p there is no way the parking lot can be redesigned to add more spaces. 12, Jim Coles concluded his testimony by saying he is with Design West Architects working with Mark on the project. Every The only other option space_ has been squeezed to the maximum. He' s met the would be the large laian area at the main front entry. landscaping requirements, trees and setbacks, and therefore there arking. By combining the two motel was no space for additional p sites, one handicapped parking space could be eliminated, and this ace. would allow one more parking sp uestion 13. Shari Stiles addressed Councilman Rountree's q RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page -~ ! ~ concern was if they would Her only for additional comments. With continue to operate the same way as now and if they do fill up That the public, what happens when the Chamber of Commerce meets. ossibly Home would create a parking problem. She stated that p e ot might be able to work the parking out. As long as they've D p and they met all the other requirements, dimensions and driveways, erate as now, she has no problem. continue to op 14. There was discussion about even if the variance Whe ranted there could not be tractors and/or trailers parked on t g streets or in the parking lot. 15. That there was no public comment at the public hearing. CONCLUSIONS 1, That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have rt been met including the mailing of notice to owners of prope y within 300 feet of the external boundaries of the Applicant's property. to grant variances pursuant 2, That the City has authority to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3, That the City Council has judged this application by the uidelines, standards, criteria, and policies contained in the g take Subdivision and Development Ordinance upon which it may RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page -$ . • judicial notice. 4, That the Council may take judicial notice of its own Commi s s ion, proceedings, those of the Planning and Zoning overnmental statutes, ordinances, and policies, and of actual g conditions existing within the City and the State. 5, That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a ortive reasons based directly on the evidence statement of supp orts conclusions that the mentioned presented to it which supp standards and conditionsall of the followinghexis been met y the Applicant and unless a, That there are no special circumstances or conditions the property that the strict application of affecting the provisions of this Ordinance would be clea~he impracticable or unreasonable; in such cases, as subdivider shall firsiontorerequirement involved ting to the specific provi b, That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other ordinance~ unreasonable kunder rthe compliance with this circumstances, or that the conditions and requireme~he of this Ordinance tiveslof thi 1 Ordinance hibiting achievement or ob~ec ~, That the granting of the specified variance will not be detrimental to the public welfare or injuriosssituatedr property in the area in which the property That such variance will not h e eof t thise Ordi an~e d. ur os nullifying the interest ancl p P and the Comprehensive Development Plan. 6, That there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is ranted since they would not have to go to the expense of putting g RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS Page _ 9 . ~ in the required off-street parking spaces. 7. That regarding Section 11-2-419, it is specifically concTuded as follows: a b. c. d. 8. That there are no special circumstarices orli a t o l~of affecting the property that the strict aPP e uirements the provisions of the off-site parking q would clearly be unreasonable. That strict compliance with the requirements of this off-street parking Ordinance would result do extraordinary hardship to the Applicant, since they not have sufficient land area to pla ~uta theffparking parking lot with sufficient spaces, requirements do need to be nuestsa and employe sl do not entire day because all their g require or will not be at the motel at the same time. That the granting of a variance would non briousr to nthe to the public's welfare or possibly J public. That the variance Wo uld oses hof e thee off street aparking the interests and p P Ordinance. That it is concluded that the Application for a vari,ance from 11-2-414, OFF-STREET PARKING, should be approved. RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 10 . ~ ~ p~ppgOVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findinqs of Fact and Conclusions. ROLL CALL: VOTED_~Q~!~ COUNCILMAN BIRD VOTED~ COUNCILMAN BENTLEY COUNCILMAN ROUNTREE VOTED~ COUNCILMAN ANDERSON VOTED (~ u MAYOR CORRIE (TIE BREAKER) VOTED DECISION Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414, OFF-STREET PARKING is approved but there shall be no tractors, trailers or commercial/industrial vehicles parked on the City streets. APPROVED: DISAPPROVED: 3-2-gg -- inal RAMA SUBDIVISION VARIANCE - FINDINGS & CONCLUSIONS page - 11 ~ N ~ MERIDIAN CITY COUNCIL MEETING: MARCH 3 1998 APPLICANT: ITEM NUMBER: 15 REQUEST: REQUEST FOR APPROVAL OF MERIDIAN TRANSPORTATION TASK FORCE COMMITI'EE MINUTES HELD JANUARY 7 1998 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS SEE ATTACHED MINUTES MERIDIAN POST OFFICE: / ~~/ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~ ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presereted at public meetings shall become property of the City of Meridian. • ~ Interoffice Memo pate: February 20,1998 Ta Mayor and City Council Ca file /~City CIerK ~ L- - Frone GARY D. SMITH, PE RE 1998 Annuaf Meeting - City of Meridian Transportation Task Force Committee Gentlemen: Here is a copy of the minutes from our annual meeting held on January 7, 1998. I have submitted these to Comrnittee Chairtnan Walt Morrow for his review and he has responded asking that they be submitted to you for your review and approval. After your approval I will transmit a copy to APA and ACHD for their inclusion i~o the Transportation Improvement Projed document. I would appreaate this item being placed on the March 3, 1998 City Counaf agenda.- Thank You, Gary GDS , 1 • ~ MEMORANDUM January 8, 1998 TO: Interested Parties FROM: City of Meridian Transportation Task Force Committee RE: Annual Meeting - January 7, 1998 Minutes: Attendance: Name Phone Representinct Ali Bonakdcu~ 345-5274 ~A Michael Fuess 345-7676 ACHD IImer Kassens 888-9653 Meridicm Citizen Sonna Lynn Lewis TTD - District 3 Terry Little 345-7676 ACHD Walt Morrow (G~`hrn.) 888-5185 Meridicm Citizen Gcuy Smith, P.E. 887-2211 City of Meridicm Terry Smith 888-6801 Meridicm Citizen Chcurmcm Morrow called the meeting to order at 7:00 p.m. cmd thcmked everyone for comin~. Walt introduced everyone seated around the table. Chcurmcm Monow cmd C~cuy Smith reviewed the status of projects that were discussed . at last yecu's meeting as follows: 1. Waltmcm Lcme / E 1 g' St / Meridicm Rd. This intersection improvement has been moved from unfunded to Prelimincuy Development (PD). Design culd right of way (R/VV) acquisition cse scheduled for funding in Z001 cmd 2002. The couplet study needs to be completed to finalize the intersection design. The couplet study has. been completed by ACHD's consultcmt. The Meridicm Chcunber of Commerce is studying the report to make their recommendation to ACHD. A decision is expected this yecu~. ~ 2. Pcu~k 'n Ride L.ots. • ACHD has launched a feasibility study to locate these sites. The study is to be completed in F.Y. '99. . The site at the N.E. corner of Overlcmd cmd Eagle Road has been funded to be built in 1998. It was originally scheduled to be built in 1997. • • 3. Storm Water Drcanaqe Control. $30,000. has been funded for F.Y. 2000 to do some studies in North Meridicm. ACHD will find out what the limits cu~e for this study. A study was completed in Old Towne cffea in 1995. ACHD wasn't sure of the status of this study. Some discussion took place about legislation for creating a dreanage district. Ali scud probably no legislation this yecu~. Ada County Commissioner Simmons is chcaring the committee to study legislation proposal for dreunage districts. Chcurmcm Morrow is concemed that if we don't get busy with the dreunage district legislation that the courts will get involved in clecul up of storm water. Pursuing this legislation should be placed ahead of forming a regional trcuisportation authority. Committee felt Mayor Corrie should promote the dreunage district legislatior~ at APA Bocu~d meetings. Ali commented that DEQ has launched a major effort for mcmagement of storm wat~r dreunage. It is not known what this all mecros. 4. Five Mile Creek Pathwav. The funding has been moved ahead for cmother yecu~. The City still must come to grips with the Irrigation District's license agreement derricmds. The pathway needs to be built this yecu~. 5. Interchcmqe Beautification. Enhcmcement projects cu~e being funded agcan. ITD is now progr~llng for projects in FY '99, 2000 cmd 2001. It was suggested to apply for int~rchcmge beautification project for FY '99. The funding is 80% Federal, 20% local. There would be a mcuntencuzce agreement required between State cmd City. To submit for funding we need to have cm idea of what we wcmt to do. ITD Dist. 3 personnel ccm help us with detculs cmd cost estimates if we wcmt to proceed. 6. Functional Classification Man. No chcmges. 7. Overla~ Projects. It appears there will be one project, Black Cat Road - Cherry L.cme to Ustick Rd. - for this yecu~. Other overlay projects ca~e on rural sections of road. (ACHD wiIl send us a listing of our cu~ea projects.) 8. Pine Avenue. Locust Grove to Eagle cmd Eagle to Executive is scheduled for funding of design in 2001, right of way in 2002 cmd construction in 2003. ACHD has no l~.nowledge of cmy right of way contacts with the Elixir property owner. 9. Speed Limits. ~ ACHD has authority to set the limits but wants to work cmd cooperate with our police dept. Speed studies have shown that several lengths of roadw~xy could be posted at 10 mph higher to enhance trc~fic movement. Police ` policy is to ticket when speed is over 5 mph above the posted limit. Suggestion was made by Chcurmcm for the Traffic Sc~ety Commission to discuss speed limits since Meridicm's police chief is a member of this commission. ACHD is also a member of this commission cmd would probably be represented by Jim I.cu~sen, a member of ACHD Trc~fic Mcmagement depcQtment. 2 • • 10. Trc~fic Calming Devices. Terry Little wasn't awcu'e of cmy of these projects being requested in Mendicm at this time. 11. Interchcmae C~ I- 84 / Ten Mile Rd. This cominittee still has great interest in seeing this interchcmge constructed. Ten Mile Rd. is still the strcught line connection between Kuna cmd S.H. 44. Sonna Lynn reports that ITD is doing a corridor study to determine interchcmge locations cmd possible lcme additions to interstate. Additional interchcmges will have a tendency to add trc~fic load to the interstate. Ncunpa has requests for several interchcmges - one being at Robinson Rd. in cmticipation of BSU ccunpus, Sweetwater Junction cmd Idaho Center (existing). To constnzct a new interchcmge costs in the $20 - 30 million dollcu~ rcmge when lcmd purchase is included. 12. Bike Lcmes. Committee attitude on these is the scune as it was last yecu~. Lcmes on roadways above collector status cu~e not compatible. The City Council needs to mccl~e a"formal"" policy statement, if it hasn't already, to ACHD outlining the bike lcm~ issue. ACHD Renort -(Teny Little - Michael Fuess) . Int~rconnect & Master Trc~fic Signal - 1998 (was 1995) (Had to be rebid - should go in 1998). . Meridicm Rd. / E. 15` St. Couplet - Should wind up in 1998. • Meridicm Rd. - E. 1 S` St. to Frcmklin - Rebuild 1998. added R/W for bike • Frcmklin Rd. - Meridicm to Linder - Rebuild 1998 assuming lcmes ccm be obtcaned. • E. 1 S` culd Pine / Meridicm & Pine - Install Trc~fic Signal - 1998• • Storm Drcun Study - 2000 (was 1998). • Coxporate Dr. - Meridicm Rd. West (developer) - 1998. • Pcffk 'n Ride Lot (Eagle / Overlcmd) (CMAQ) - 1999• • Overlcuid Rd. Rebuild ~ S.H. 69 to Locust Grove - 2002. Locust Grove to Eagle - 2003. Committee still feels a mile length of section line roadway needs to be rebuilt each yecQ. Ten Mile Road cmd Locust Grove Rd. between Cheny L.cme cmd Ustick cnre in poor condition because of numerous utility cuts cmd inadequate roadway base. We discussed the PSI rating system for roadway replacement cmd how funds were clispersed in the distnct on that basis. Committee discussed use of side street dreun swales in lieu of curb ~ cmd gutter to reduce point source dischcu~ge of storm water. It is a successful altemative. Meridicm has one length in urbcm development. Kuna has several. This concept should be studied for incorporation into ACHD policy mcmual. 3 . • Committee discussed rural section line road intersection night lighting. There is a definite need. ACHD to investigate the costs cmd how it ccm be funded. The presence of street lights at these intersections will reduce sc~ety concerns for school buses cmd other trcdfic. It shouldn't present a major cost for its benefit. ACHD discussed a proposed truck routing study - This would concern freight ccffrying trucks cmd on what roads should they be put? Discussion centered cu'ound size of truck, how trucks cu~e directed cmd how enforcement happens. Concern by committee that a more concentrated truck use of a roadway will speed up its need to be rebuilt. ACHD has scheduled a public meeting on this subject Jcm. 15 from 6- 8 p.m• in the Bcmnock Room at Meridicm St. Luke's. ACHD stated there will be heavy construction in the Meridicm cu'ea during yecu~s 2002 cmd 2003 unless some projects ccm be moved up. Ccro some be moved up? (NQte: It would be worthwhile to see a printed listing of only Meridicm projects so that timing ccm been seen at a glcmce rather thcro secu~ching through the entire 5 yr. plcm) ITD Report - (Sonna Lynn Lewis) Conversation centered cu~ound location of interchcmge structure(s) on I-84. A corridor study is underway cmd this will tell us where interchcmges should be. (See cor~ments in Item 11 above.) Study will be done in FY "98• Enhcmcement progrcun - Funds cu~e avculable agcun for interchcmge beautification. (See comments in Item 5 above.) Discussed the possibility of replacing the Meridicul Interchcmge structure (presently not on the 5 yecff plcm) cmd the need for pedestricm crossing structure of I-84 @ Mendicm Rd. especially with construction of the "Boondocks" fun spot. There is serious concern for sc~ety of pedestricm crossing the Meridicul Interchcmge. The gucu~d reul height will not protect pedestricros from toppling over on#o I-84 below. Somethinct needs to be done. Maybe enhcmcement funds ccm be used - perhaps the pedestricm way addition ccm be funded w/CMAQ funds? In 1999 - 0.3 mi. improvement of west bound off-rcunp is scheduled for Meridicm Rd. interchcmge. (~140,000.) It is assumed this is cm additional lcme. APA Reoort - (Ali Bonakdcu~) • The Regio-Sprinter demonstration project was quite successful. Especially as to how orgaruzations, private enterprise, individuals cmd city govemments were able to work together to see that the project worked. (Special thcmks to Tem Smith for all his efforts in coordination of Meridicm's pcu~t cuzd to all the hours he contributed. Also, a special thcmks to Malcolm McCov for his help.) This project showed the importcmce of preserving this rculroad right of way. An election will be held in fall of 1998. '~'here appecu~s to be substcmtial interest by vcu~ious people (orgcmizations) to purchase this right of way from UPRR• 4 • • • Applications for enhcmcement projects (such as Meridicm cmd Eagle Rd. interchcmges) need to be submitted by Jcm. 30. Committee thought if we do this to start with Meridicm interchcmge cmd tie it in with the off-rcunp improvement in 1999. Eagle I.C. could come later.. Committee member Teny Smith had concerns for two items: 1. ACHD"s proposed synchronization of trc~fic signal lights. Why hasn't this happened yet? Signal lights ca~e scheduled at Pine / Meridicm cmd E. ls` / Meridicm in 1998 - ahead of Frcmklin Rd. improvement. Synchronization is imperative because of the high volume of trc~fic on E. 1 S` 2. One-Way Couplet Study - in lieu of this why not look at additional crossings of the rculroad? W. 4~' St. was given as cm excunple. (It was suggested that we contact Lee Wilson @ TTD - who has much experience with the rcalroad cmd crossings thereof. If crossings cu~e allowed do they need to be controlled?) _ LTnbalcmced section on E. ls`. - creates a problem at intersections with need to purchase right of way to widen section. 5 • . CITY OF MERIDIAN TR.ANSPORTATION RELATED PROlECTS (Prioritv Basis 1. Frcmklin & Meridicm Rd.- Problems with R/W purchase - cause by adding bike lcmes Press ahead - get construction stcuted Z, Ecrq_ le Rd. - Fcurview to Chinden. It's a go - underway! (good idea to put up signs a yecu~ or so ~ed on all mujor road rebuilds ~ert travelling public.) This concept should be 3. Lind_ - Frcmklin to Cherry Lcme - Design 2001; R/W 2002; Build 2003 4. Ten Mile Rd Interchcmcre - Wcuting for corridor study results - due in 1998 5. Build Ten Mile Rd. - ChenY Lcme to Ustick & Pine to Cherry. 2004 - 2005 design - existina road won't survive to this desicm! Something needs to be donel - soon! 6. OvErlcmd Rd. - Mendicm to Eagle (2002 to 2003) 7. Locust Grove - Fcarview to Ustick design 1999; R/W Z000; construction 2001 (31cu~es) Intersection of Ustick / Locust - ve~ - ACHD will talk to Errol Morgcm. VVhcrt ccm be done to improve this intersection? 8. Meridicm Interchcmcte - Pedestricul sc~ety for crossing - 9. Meridicm Rd. - Support 80' R/W preservation 10. Couplet Studv - ACHD study done - Chcunber has differences with study - w~ make input this yecu~ 11. Frcu~.klin - E. 1 g` to Cloverdale - not in PD (Five Mffe to Cloverdale is in plcm) -Locust Grove Rd. - Pine to Frcmklin - Need to have ACHD stc~ct R/R crossing crpproval right of way - Nola Rd. crossing will need to ~b oaba don~y ~ ri{ being se t asi de a s d e v e l o p m e n t s cu'e bein g p p improvements being requiY'ed bY ACHD as the development phases cu'e being done? (Rculside Pcu~k). 12. Pine Avenue - Design 2001; R/W in 2002; Construct 2003 13.Overlay / Rebuild - Ten Mile Rd. cmd Locust Grove Rd. from Ustick north to Chinden 14. Pcffk 'n Rides L.ots - CMAQ Pathways & Bikeways - CMAQ Intercorulect Trc~fic Signals - CMAQ 6 !l` ~~ 15. Intqrchcmge Beautification • ~ MERIDIAN CITY COUNCIL MEETING: MARCH 3 1998 APPLICANT ITEM NUMBER: 17 REQUEST: WATERISEWERITRASH DELINQUENCIES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: COMMENTS MERIDIAN SCHOOL DISTRICT: ~. J' ~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ • ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ~ ~~ •~'U3a~ ~ ~ ~~ a, .~ :~ ' ~ ~ ~ ~ ~ ~ c~ ~C ~ ~ ~ ~ O ~ ~ ~ ~ ~ r,,, ~., '~ ,~ ~ v~ O c~ E-~ +-' a~.. ~ c~ ~ ~ ~ O a~~ ~~c~~;Z ~ ~~ ~~~' ~ ~ ~'~-+ U O ~ cj r~` N N V,~ S~'" ~ ~y~ ~•~ ~ ~ M ~~ ~ ~ •y~~j ~ C p ~ ~ ~ ~ ' 3 O~ ~°_'-d ~ ~'~v~ W~ O M '~~' ~~ y,~,,, C~ W U U ~~ ~-d ~ ~ o ~ ~ ~ ~ W ~,, a~ °~ ¢, c~ ~ A 4-, ~ a• ~, 3 O'w "~~~.~ ; ~ x ~~ o~.~.. „ ~U ~-v,b ~ ~ ~ W ~ '~ + a~ a~ b ~ ~ ~E~"'d'~~ ~r Aw 3 ~~o~ O ~i •~ ~ r+ •~ .,.~,, A ~ „p ~ ~ O a' -~ .i~ ~.,~ ~ ~i ~, O ~ ~ 'x ~ c~ ~~U~; E-+ ~ ~ o b o 4G ~ s"`~'" ~"~'' U ~ ~" bp Q. ~ ~O ~ ~~ ~ ~ ~ ~ ~n c~ ~ O ~. • ~ a~ v~ .~ ~ ~^ 'b • 3 H.o ~ ~ ~ o .. ~ 0 3~.~' 3 c~ ~, ~, ~ a .~ ~ ~ ~~ °~~~:~~ ~-dU ~.~ ~, ~ ~ ~ •~' ~ U a~ ~ ~ ~ ~ ~ O pp .O ~ v~ ~.+ 'b ~ .S:", w N ~ ~ ~ `~ U ~ ~O ,~ ~ ! -d ~ ~~~ O ~ ~- O `~ ~ ~ ~ ~ ~ ~ .~ Q, ~ ~ ~ ~ ~ o 0 ~'' U ~ C~ U .~~., ~ ~ ~ ~ O ~ G) .~AE'~ ~ ~ ..~ ~ •~ o 'E~ ~ ~ ~ ~ ~ ~ ~ o ^, h~ 3 ~ .. ~ ~ O~`~ 3 3 ~ ~ ~ ~ ~ ~ . • ~ ~ a w ~ U Z W ~ d Z J U~ ~ W a 0 ~ F ~ W ~ tL u' O _ N ~ ~ J N ~ ~ o ~ ~ ri ~ ° ~ ao ~ ~ ~ co ~ ~ ~ c°o, ~ r- ~ rn ~ ~ ~ `~ ~ ~ ~. 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O L ~ ~ ~ > Z L.. ~ ~ ~ ~ 7 ~ ~ ~ L ~ ~i V ~p ~ ` N ~ ~ C ~ ~ N ~ 7 Q ~ ~ N cn ~ ~ ORDINANCE NO. 788 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPT~NG A NEW CHApTER IN TITLE 1 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ~TO BE KNOWN AS, KFISCAL RESP4NSIBILITY ", TO SET FORTH AND ESTABLISH F4R THE CITY COUNCIL, CITY CONiMISSIONERS, APPOINTEES, EMPLOYEES, AND OTHER PEOPLE A5SOCIATED WITH THE CITY OF MERIDIAN THE FOLLOWING: BUDGET POLICY, FISCAL YEAR, MONTHLY BUDGET, ANNUAL BUDGET, AUDITS, APtD PERFORMANCE AUDIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State af Idaho, have concluded that it is in the best interest of the City to adopt a new chapter to Title 1, of the Revised and Compiled Ordinances of the City of Meridian to set forth and establish a FISCAL RESPONSIBILITY Ordinance. NOW, THEREFORE, BE 1T ORDAIr1BD BY THE MAYOR AND CITY COUNCIL OF TI~ CITY OF MERIDIAN, ADA COLJN'TY, IDAHO: SECTION l: T`hat there is hereby adopted a new Chapter to Title 1 of the Revised and Compiled Ordinances of the City of Meridian known as Chapter i6, FISCAL RESPONSiBILITY ORDINANCE, which shall read as fallows: FISCAL POLICY SECTION 16-100: Budget Policy: The pvrpose of the budget is to help the public understand the costs of services axid how they relate to the services provided by the City of Meridian. This budget shall FISCAI. R6SPONSIHILITY ~ ~ also serve the purpose of advising the City Council and Mayor about the finances of the City and assist the City Council in determining what they desire to do for the City and in setting its goa]s. T~e City Treasurer shall meet the provisions of Idaho Code, 50-208, a~d shall be custoc3ian of the moneys belonging to the City, shall be responsible for all accounting and investing of the City's fiinds, and shall prepare and present to the City Council monthly statements and tentative annual budgets in accordance with this Ordinance. "The annual budget shali show expenditures and revenues as required in Idatio Code § 50-1002. The City Treasurer shall keep a sepazate account of each fund or appropriation, and the debits and credits belonging thereto; he or she shall give a receipt to every person and state on what account it was paid, shall file copies of such receipts with his or her monthly state~ent, shall at the end o~ each month and every month, and as often as may be requaed, render an account to the City Council under oath, showing the status of the treasury at the date of such accounting and the balance of money in the treasur} ; he or she shall accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeerried and paid by him or her, which said warrants, with any and all vouchers held by him or her, shall be filed with said account in the Clerk's of~ice. SECTION 16-101: Fiscal Year: The fiscal year for the City of Meridian shall begin on the 1~` day of October as set out in Idaho Code § 50-1001. FISCAL RESPONSI'BILITY ~ • SECTION 16-102: Mo~1Y B~~~ The montlily budge~t shall set out the status of revenues and expenditures. The monthly budget shall contain figures of expenditures indicatin$ the tO~ ~ds budgeted , for the year and axnounts spent through the date of the monthly budget statement an~d the amount of revenue collected. The monthly budget shall show the bala~ce of alI general accounts, special accounts, enterprise funds, and any other dedicated accounts or funds as established by the City Council. This budget shall be broken down into, and by, departments in sufficient detail to allow the City Cottncil to be able to determine where the funds aze being expended, i.e. salaries, equipment, services, etc. This monthly budget statem~ent shall be submitted to the City Council prior to iheir 2nd ~ndh1Y meeting, as set out in Idaho e§ 50-208 and shall show the balance, including interest, of all general accounts, spacial accounts, watet' and se`'`ier enterprize accounts, and aU other dedicated funds as established by the City Council• SECTION 16-103: Az-nual Budget: At least b0 days before the annual appropriation Ordinance is due, the City Treasurer/City Clerk shall submit a tentative annual budget to assist the City Council in budget preparation. This tentative annual budget sha11 contain such expenditures as dictated to the treasurer by a majority vote of the City Council. If there are no projections provided, the treasurer shail make projections based on established City policy. The tentative annual bud~et shall be for the coming fis~al Yea~'• The City ~Council shall begin budget workshops 90 days prior to when the a1~Propriation Ordinance is due and shall hold such necessary workshops until the treasurer ~s Pr°v~ded wrt~ ~e budget projections or unti160 days prior to the appropriation Ordinance due date ai which time the treasurer FISCAI. RESPONSIBILiTY • C~ shall submit such projections as set out in this Ordinance. The tentative budget shall show the following items: 1. A,nticipated exper~ditures, with at least as much detail as set out in the tax levy Ordinance and the appropriation Ordinance. 2. Anticipated revenues to be allocated to each department, including fees, taxes, eharges, income from utilities and any other source of in.come. 3. Depreciation costs for enterprise assets. 4. Such other detail that is requested by a majority vote of the City Council. The tentative budget as prepared by the City Treasurer sha11 be advisory and not binding on the City Council. Only upon passage of an appropriation Ordinance shall such budget become binding. `The expenditures in the budget shall not exceed revemues unless otherwise provided as set forth in the Idah~ § 50-1006. October 2Uth shall be the cut-off date for late submittal of bills that will be paid by the Ciry in the previous fiscal year and purchases by the City shall be made prior to that date. Contracts maY require that bills be paid and purcl~ases made in the following fiscai year and t~se matters shall be han~led as ca~'rY over items shown in the budget for the next year. ~daho Code, 50-1005A states th,at cities may accwr-ulate fiind balances at the end of a fiscal year and carry over such fund balances intQ the ensu~n8 fiscal year sufficient to achieve or main.tain city operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities a.nd reserves. Balances that are carried over shall go into the appropriate fund, but may be used to fund the City Department that had the fund carryover from the previous fiscal year. SECTION 16-10~3: Audits: FISCAL RESPONSIBiLITY • ~ (a) It shall be the duty of the City Council for the City of Meridia.n to have a complete and thorough audit of the financial statements of the City as set out in Section 67-45pB and 50-1410, Idaho Code. The expenses required to obtain such an audit shall be included in the City of M~Arindc~'s annual budget. T'he City Treasurec shall submtt the necessary ststements to the suditor no later than December 1~ following the end of the fiscal year. The City Council, by a majority vote, shall appoin.t a qualified certified public accounting firm (CPA} firm to conduct such an audit. The CPA firm shall be hired for a time period not to exceed two (2)' years at wluch time the City Council shall either renew such period or hire another qualified CPA firnl Such audit shall be submitted to the City Council no later than January 5 foUowing the fiscal year. (b) The City Council shall retain the right to order the treasurez' or a qualified CPA firm to conduct internal audits as frequently and as necessary as maY be needed. SECTION 16-105: Performance Audit: As #he City Council deems necessary, the City Council shall appoint a certified CPA firm or consulting f~rm to conduct a perforntance audit for all specified departments. This perforinance audit shall be as extensive and detailed as the City Council deems necessary. SECTION 2: EFFECTIVE DATE: WI~REAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in fall force and ef~ect from and after its passaSe, apProval and publication according to 1av~-• PASSED AI~TD APPROVED this .~'e~ daY of March, 1998. CITY OF MEKIDIAN FISCAL RESPONSIBILITY ^ ~ ATTEST: w ~J ~ • ` %~ 7 . > >~ ~ /~ A G. .`~~ ~- ~`-~ ! LIAM G. BERG, JR - TY ERK 03-10-98 -- Final ~ t,`,,, ~ 1~„4, ~ ~, ~d f,,, a i ~~,````~ ~ ~ ~,~9~',+,r ~ ~ ~ ~ ~~~~: ~ a ~~~~~~ ''i ~ ~ ~ S ~~"^ : ~ ~ : . ;~,,~'7~g~ r ~~ • ~Q,,.~,~~`` ',~~ ~ ~ ~ f r i . n~ ~, , ~ ~ ~.``', FiSCAL RESPONSIBILITY . •. MERIDIAN CITY COUNCIL MEETING: MARCH 3 1998 ~ APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 18 REQUEST: 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 03/03/98 TUE 17:03 FAX 208 362 1479 UNITED WATER IDAHO ~ 001 --~ -~ • • ATT~NTION: WILL BERG TO: Honorable Mayor and Ciry Council FROM: Mary Z. Cahoon DATE: March 3, 1998 SUBJECT: City Water Connection Request MAR 03 '98 17~09 ~~~~ MAR - 3 i99~ ~ ~~F ~~~~ I reside at 1875 N. Locust Grove Road. We have a domestic well. Our pump just burned out and we do not have any water in our home. In weighing the advantages and disadvantages of purchasing a new pump versus connecting on to your fine City water, 1 have come to the conclusion that City water is the best choice. I respectfully request your approval for connection to City water. A quick response to my request would be greatly appreciated since we do not have any water in our home. My children are thrilled at not having to take a bath, but their teachers might mind! ! ! ! Thank you for your kind consideration. 208 362 1479 PAGE.01 • ATT~NTION: VVILL BERG TO: Honorable Mayor and City Council FROM: Mary Z. Cahoon DATE: March 3, 1998 SUBJECT: City Water Connection Request ~11~9.~ G9 `~' ~ M~~ - 3 l~48 ~ ~~ "~ ~~ I reside at 1875 N. Locust Grove Road. We have a domestic well. Our pump }ust burned out and we do not have any water in our home. In weighing the advantages and disadvantages of purchasing a new pump versus connecting on to yotir fine City water, 1 have come to the conclusion that City water is the best choice. I respectfully request your approval for connection to City water. A quick response to my request would be greatly appreciated since we do not have any water in our home. My children are thrilled at not having to take a bath, but their teachers might mind! ! ! ! Thank you for your kind consideration. • MAR 03 '98 17:09 208 352 1479 PAGE.01 , "~ ~ • March 3, 1998 Dear Property Owner: INVITATIOIV ~~~~~~ ~ P~AR - 4 1~°~ ~ ~~ ~~~~~~5 v ~,:~,s~ ~ . ~I ~'G~a~w ~, I ~' C~~ j I i ~ ~ ---- - --- - This is an invitation to a neighborhood meeting concerning a proposed annexation and preliminary plat request (Thousand Springs Subdivision) on a parcel located in the S'/z of Section 20, T.3N., R.1 E. The neighborhood meeting will be held at 6:30 p.m. on Monday, March, 9, 1998 at the Sandman Motel (Conference Room) 1575 S. Meridian Road. If you cannot attend the meeting and have questions concerning the application for development, please feel free to call me at 344-9700. Sincerely, BRIGGS ENGINEERING, Inc. ~~~ ~ ~ • ~~~OY~L'~ Becky L. Bowcutt l`~ '~ J Land Use Planner 980204-invitatn. not ~ • MERIDIAN CITY COiJNCIL / MERIDIAN RURAL FIRE COMIVIISSIONERS JOINT SFECiAL MEETING FEBRUARY 21 1998 The joint special meeting of the Meridian City Council and Meridian Rura1 Fire Commissioners was opened at 9:00 A.M. February 21, 1998 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Charlie Rountree, Glenn Bentley, Mayor Corrie. OTHERS PRESENT: Wayne Crookston. The special meeting of the Meridian Rural Fire Commissioners / Meridian City Council was brought to order at 9:10 A.M. by Marti Hill. MEMBERS PRESENT: Steve Bravo, Mike Ingram, Marti Hill. OTHERS PRESENT: Kenny Bowers. Hill: I'll entertain a motion to go into executive session. Ingram: I move we move into executive session. ' Bravo: Second. Hill: We have a motion and a second that we go into executive session. All in favor say aye. MOTION CARRIED: All aye. ~ (EXECLTTIVE SESSIOI~ Corrie: City Council, I'll entertain a motion to go into executive session. Rountree: Mr. Mayor I move we go into executive session. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that the City Council go into executive session. All those in favor say aye. MOTION CARRIED: All aye. Corrie: We've come out of the executive session according to Idaho Code 67-2345 no decisions were made at that time. I'll entertain a motion from the City on the agreements at this point. Meridian Cit Counci~eridian Rural Fire Commissioners ~ Y February 21, 1998 Page 2 Anderson: I'll make a motion that we approve the contract and the wage proposal as written and present it to the Union. The contract that I'm proposing is the one that has the revision date of 02/21/98 on it. Let it be forwarded to the Union for.their consideration. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree, heard the motion is there any further discussion? Hearing none, all those in favoL say aye. MOTION CARRIED: All aye. Corrie: Any other additions to come before the City Council? Bird: Mr. Mayor, I think we make a motion that Ron Anderson of the Meridian City Council replaces Ron Tolsma on the negotiating committee from our side. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree on the motion you heard, any further discussion? All those in favor say aye. MOTION CARRIED: All aye. Corrie: We have another ordinance to come up - Rountree: Mr. Mayor, I make a motion that we have City Attorney Crookston (inaudible) agreement with an appraisal firm to appraise all the real property associated with the joint ownership between the City of Meridian and the Meridian Rural Fire District located within the City Joint Rural complex between Meridian Street and East First Street. Bentley: Second. . Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the motion that you heard, any further discussion? All those in favor say aye. Opposed? MOTION CARRIED: All aye. Come: At this time I will open for the Rural - Hill: The Rural Fire Commissioners will come out of executive session at 11:20 A.M. No decision has been made. I would entertain a motion on the general agreement for the Union. Ingram: Mr. Chairman I'll make a motion that we submit the agreement with the revised ' date of 02/21/98 to the Union for the review and approval. • Meridian Cit Counci~eridian Rural Fire Commissioners Y February 21, 1998 ~ Page 3 Bravo: Second. Hill: Moved by Mr. Ingrarn seconded by Mr. Bravo that we present the Union agreement to the Union with the revised date of 02/21/98 for their consideration. Is there any discussion on that? Hearing none, all in favor say aye. Opposed nay. MOTION CARRIED: All aye. Hill: Is there anything else to be brought up? Bravo: I'd like to make a motion that Mike Ingram and Steve Bravo are the new negotiators for the upcoming contract. Ingram: I'11 second it. Hill: It's been moved and seconded that Steve Bravo and Mike Ingram are on the negotiating committee for the Union agreement. All those in favor say aye. Opposed nay. MOTION CARRIED: All aye Hill: Anything else to be brought up? Mr. Mayor ? Corrie: If there will be no further business - Rountree: Mr. Mayor, I would make one fwther motion that would affect the rural as well. That the negotiation team meet -- agree amongst the team of four who will be the spokesman for the negotiation team, inform the Mayor so that information can be made available to (inaudible). Bird: I will second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the motion that you heard, any further discussion? All those in favor say aye. Opposed no. MOTION CARRIED: All aye. Corrie: Any further business to come before the City Council? Hearing none I'll entertain a motion for adjournment. Bird: So moved. Rountree: So seconded. Meridian Cit Counci171Vieridian Rural Fire Commissioners • Y February 21, 1998 ~ Page 4 Corrie: Motion made by Mr. Bird second by Mr. Rountree that the Meridian City Council come to adjournment at 11:22 A.M. All those in favor say aye. MOTION CARRIED: All aye. Hill: Meridian Rural Fire District will entertain a motion to adjourn. Ingram: I make a motion to adjourn Mr. Chairman. Bravo: Second. Hill: It's been moved and seconded that we adjourn. All in favor say aye. Opposed nay. MOTION CARRIED: All aye. MEETING ADJOURNED AT 11:23 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MARTI HII,L, CHAIRMAN ATTEST: MII~E INGRAM, SECRETARY APPROVED: ~ ERT D. CORRIE, MAYOR ATTEST: ,~`~~~~,;c~r~~rillljtlj~~f~ ~.~` ~'~ 1'~ _ I .~~ ~~,,~ ~~,.~ ~=-~ .~ WII.,LIAM G. BERG, JR~ C Y CLERK ; S~AL ~' : = : ~ = ~ . , ; - :~~''y~~ T ~~,t ~'~ ~~```~~~ . . ~~~~'~'',,i~~~'„t~ ~`~`. .,...,-.,-.,-., .,-.r., .. .. ., .. ;~I ~,. ~ -' ~ ~,6~~r.e C~, `~~ 2-2f-~8 ~~~ ~~~~ , ~ . ~ ~ ~~ {~~a~ ~_ _ ~-_ __.. _ _ .~~ _ ~~.~~. ~ ~~~s~~ ~ __ _ _ _ _ -__- -• - -. . .., _. _. -_.. . _;7}_.r._._ ._ . -~ -- - .,,.~ --•---. _. . ~ I '_.. ... .. ._. _^•'__'-1,~ ._. '_'.. __ ' '_.__ ~_.'_ _ ' _ _ ".'._ "_'..-._^ __ .r-_ .., ~- ~... .y_ .. _ ... ' .' '_ __ -'- . 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