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HomeMy WebLinkAbout1995 11-08~ • MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, NOVEMBER 8, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD OCTOBER 17, 1995: (APPROVED) 1. SWEAR IN TWO NEW POLICE OFFICERS: WAYNE FUCHS AND ROBERT STOWE: 2. PROCLAMATION: CHRISTIAN HERITAGE WEEK: 3. TABLED OCTOBER 17, 1995: VARIANCE REQUEST FOR ASHFORD GREENS SUBDMSION BY BRIGHTON CORPORATION: (TABLED UNTIL FEBRUARY 20,1996 AS REQUESTED BY APPLICANT) 4. TABLED OCTOBER 17, 1995: ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDNISION BY GEM PARK II PARTNERSHIP: (TABLED UNTIL FEBRUARY 20,1996) 5. TABLED OCTOBER 17, 1995: RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDMSION: (TABLED UNTIL DECEMBER 5,1995 FOR DEVELOPER TO RESPOND) 6. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS N0.3 SUBDMSION: (APPROVED FINDINGS; APPROVED DECISION) 7. TABLED OCTOBER 17, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDMSION N0.3 ANNEXATION: (APPROVED) 8. TABLED OCTOBER 17, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDMSION N0.3 BY FARWEST DEVELOPERS: (APPROVED MEETING ALL REQUIREMENTS) 9. TABLED OCTOBER 17, 1995: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK: (APPROVED FINDINGS; APPROVE DECISION) 10. TABLED OCTOBER 17, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: (TABLED UNTIL NOVEMBER ~ • 21,1995 AS REQUESTED BY APPLICANT) 11: TABLED OCTOBER 17, 1995: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON: (APPROVED FINDINGS; APPROVE CONDITIONAL USE PERMIT) 12. TABLED OCTOBER 17, 1995: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: (TABLED UNTIL NOVEMBER 21,1995 AS REQUESTED BY APPLICANT) 13. TABLED OCTOBER 17, 1995: MARTY GOLDSMITH: REQUEST TO PHASE CONSTRUCTION IN LOS ALAMITOS N0.2 SUBDIVISION: (APPROVE NON-DEVELOPMENT AGREEMENT WITH CONDITIONS) 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 73.5 ACRES TO C-G BY LANGLY Sz ASSOC.: (APPROVE FINDINGS; APPROVE DECISION; CITY ATTORNEY TO PREPARE ORDINANCE) 15. CONDITIONAL USE PERMIT FOR A RETAIL PROJECT OF APPROXIMATELY 700,000 SQUARE FEET BY LANGLY ~ ASSOC.; TABLED OCTOBER 17, 1995: (APPROVE FINDINGS) 16. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACRES TO L-O AND C-G BY JIM BALLANTYNE: (TABLED UNTIL DECEMBER 5,1995 MEETING) 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY RUSSELL HUNNEMILLER: (APPROVE FINDINGS; APPROVE DECISION) 18. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ALBERT 8 SUSAN BERNER AND MARIE NANNI: (APPROVE FINDINGS; APPROVE DECISION) 19. AMENDED ORDINANCE #715 -TREASURE VALLEY BAPTIST CHURCH: (APPROVED) 20. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS N0.3 SUBDMSION: (TABLED UNTIL NOVEMBER 21,1995 MEETING) 21. ORDINANCE #718 -SALMON RAPIDS SUBDMSION N0.3 ANNEXATION: (TABLED UNTIL NOVEMBER 21, 1995 MEETING) • • 22. PUBLIC HEARING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDMSION BY BRIGHTON CORPORATION: (PUBLIC HEARING CONTINUED UNTIL NOVEMBER 21,1995 MEETING) 23. CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT S SUSAN BERNER AND MARIE NANNI: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 24. CONDITIONAL USE PERMIT REQUEST TO OPERATE A BEFORE AND '' AFTER SCHOOL CENTER BY JOE ~ LESLIE PALMER: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 25. CONDITIONAL USE PERMIT REQUEST FOR A DRIVE THRU WINDOW FOR A TRAVEL CENTER BY JACKSONS FOOD STORES: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 26. CONDITIONAL USE PERMIT REQUEST FORA RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS fNC.: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 27. WESTERN HEALTH CARE CORPORATION: UPDATE ON NURSING AND RESIDENTIAL CARE FACILITY: (STRIKE FROM AGENDA) 28. CANVASSING THE VOTES FOR THE CITY ELECTION HELD NOVEMBER 7, 1995: (APPROVE CANVASSING VOTES NOTING ONE MISSING BALLOTT FROM #802) 29. DEVELOPMENT AGREEMENT: CHAMBERLAIN ESTATES SUBDIVISION: (APPROVE DEVELOPMENT AGREEMENT; APPROVE CC~R'S) 30. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 31. APPROVE BILLS: (APPROVED) 32. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS FOR WATER AND SEWER VEHICLES: (APPROVED BID FROM MERIDIAN FORD) 2. PURCHASE COMPUTER SOFTWARE -WASTEWATER PLANT COLLECTION LINE MAINTENANCE: (APPROVE PURCHASE FROM HANSOM TECHNOLOGIES INC.) 3. ENGINEERING AGREEMENT: KELLER & ASSOCIATES - WASTEWATER PLANT MODIFICATIONS: (APPROVED) 4. ENGINEERING AGREEMENT: AHRENS ~ MASON -DAFT • BUILDING ADDITION: (DEFERRED UNTIL NOVEMBER 21, 1995) B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. WALTMAN/CORPORATE DRIVE COLLECTOR STATUS: (APPROVED) 2. D & B SUPPLY UPDATE: C. MAYOR KINGSFORD: 1. APPOINT TOM HAMMOND TO HISTORICAL COMMISSION AND RE-APPOINT WAYNE FORREY: (APPROVED) 2. GOLF COURSE CONSTRUCTION COMMITTEE: (APPROVED) ~ • MERIDIAN CITY COUNCIL NOVEMBER 81995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Come: MEMBERS ABSENT: Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Marty Goldsmith, Malcolm MacCoy, Jim Rogers, Susan Bemer, AI Bemer, David Couch, Alan Bundy, Joe Palmer, Wayne Fon'ey, Greg Oslund, Glenn Johnson, Bill Gigray, Wayne Fuchs, Robert Stowe: MINUTES OF PREVIOUS MEETING HELD OCTOBER 17, 1995: Kingsford: Any corrections, deletions or additions to those minutes? Motion for their approval please? Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the October 17 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would like to welcome Boy Scout Troop No. 1 from the American Legion Hall here in Meridian, good to have you gentlemen here with us. ITEM #1: SWEAR IN TWO NEW POLICE OFFICERS: WAYNE FUCHS AND ROBERT STOWE: (Mayor swears in two new officers) Kingsford: You can sleep tigh# tonight, we have two more. ITEM #2: PROCLAMATION: CHRISTIAN HERITAGE WEEK: Kingsford: WHEREAS, the Christian heritage of our nation is recognized in many public documents written by our forefathers-such as the MayFlower Compact and the Declaration of Independence-and also in the writings and utterances of many prominent Americans; and WHEREAS, the history of Christian faith and traditions of our people is reflected in practices in our public institutions and by our government officials; and WHEREAS, our ~ ~ Meridian City Council November 8, 1995 Page 2 community churches serve a vital function in binding citizens together through providing crucial education and charitable services; and WHEREAS, Idaho has been richly blessed in natural beauty, reflecting God's miracle of creation; and WHEREAS, the importance of our Christian heritage to the traditions and values of Idaho is immeasurable; and WHEREAS, the Preamble to the Constitution of the State of Idaho declares that "We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution; and WHEREAS, it is fitting to set aside the week of Thanksgiving as and appropriate time to celebrate our Christian heritage; NOW, THEREFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, do hereby proclaim November 19 through 25, 1995, to be CHRISTIAN HERITAGE WEEK in Meridian, and I encourage our citizens to acknowledge and appreciate the religious heritage of our groat state and nation and to observe this week with appropriate ceremonies, activities, and programs. Ingsford: The next item on the agenda then I will take a little executive privilege and move and go to item #17 rather than to pay for an attorneys fee to sit through all of those that we otherwise don't have to. ITEM #17: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY RUSSELL HUNEMILLER: Kingsford: Has the Council reviewed those findings, Wayne will you step down please? We have two different agendas, which one are we operating off of Will? Does the Council have any question on those findings? Are you prepared to take action? Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law as written. Yerrington: Second Ingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as written for Russ Hunemiller's variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Con-ie -Yea, MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, I would move that it is decided that the variance from the 11-9-60411 is hereby granted and that the plat must be recorded on or before October 17, 1996 and • Meridian City Council November 8, 1995 Page 3 the name changed to Morning Glory Subdivision 1 and 2. Yer'ington: Second Kingsford: Moved by Walt, second by Max to approve the decision, alt those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED OCTOBER 17, 1995: VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: I believe we received a letter requesting that be tabled to February of 1996, I believe the first meeting in February is February 6, entertain a motion to that effect. Morrow. So moved Cowie: Second Kingsford: Moved by Walt, second by Bob to table the Ashford Greens Subdivision variance to the February 6, 1996 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 17, 1995: ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Kingsford: Does the Council have questions on that? Morrow. Mr. Mayor, we went through this on our last meeting with respect to the minutes and the issue was at that point in time it was tabled because there was no major change in the findings of fact from our Ogtober meeting which was to require and the applicant did respond that he was in agreement with those findings of fact. There also was some meetings that transpired with respect to the potential purchase of a school site but contingent with bringing those, that annexation current it was also stated that there needed to be plat work done and the plat needed to be brought along with it. The last I knew we were waiting that information from the developer and/or his representative. My question is do we have any of that information at this time? Kingsford: Have we received the plat Shari? ~ ~ Meridian City Council November 8, 1995 Page 4 Stiles: No we have not. Kingsford: Do you want to address that issue Mr. Johnson or Mr. Forney? Forney: Thank you Mr. Mayor, Mayor and Councilman Morrow, my name is Wayne Forney and I work with Greg Johnson the developer. In the letter that I submitted to the City on October 17, I outlined that vue would be submitting the updated revised preliminary plat to the City on or before November 17 which is your next cut off date. We are working on that, we have been v~rking on it all week. We will meet the deadline of submitting by November 17. The way I interpreted the findings of fact is that they were not approved until you had received the confirmation from Westpark Company that they agreed with the findings of fact and so we are asking you to adopt the findings of fact and we will know those are the official ground rules to re-design the plat. We will submit the revised plat on November 17, start over with planning and zoning at their December agenda and probably come back to the Council I think I said in February 1996. We would ask then that you take this annexation request and put it in a hold status is the way I understand it. You would take action on the annexation at the time you have an acceptable plat before the City Council. That is our understanding so we are working on that basis. Kingsford: Questions for Mr. Forney? Morrow. I guess from my perspective is that I was under the impression that by virtue of the findings of fact that when the applicant sent the letter that in fact activated the findings of fact that he was in agreement with. So the conclusions within the findings of fact and it took no further action on our part. That wras my impression of the decision. Forney: We may have mis-read that thinking there was one more action to be taken by the Council to approve those findings. So are you saying we already have an approved findings of fact and conclusions of taw for the project? Kingsford: Well, I believe they were approved conditioned upon that. That letter has been received by us so that would be the case. Morrow. Let me re-read the decision here based on the original findings of fact. The Meridian City Council hereby decides that the annexation and zoning shall not proceed at this time, but shall be tabled until October 3, 1995. That the applicant shall be given an opportunity to make the changes suggested herein and apply for approval of a new plat and approval of a comprehensive plan amendment and that if the applicant has not sent a written statement to the City by October 3, 1995 at 5:00 P.M. stating that he agrees with these suggestions and will meet these findings of fact and conclusions of law the application shall be denied based on these findings of fact and conclusions of law. As I • • Meridian City Council November 8, 1995 Page 5 interpreted that once that letter was received it triggered these findings of fact. Forrey: I think we are proceeding then on the right course to get back to Planning and Zoning with the updated plat and hopefully in February back to the Council with some hard and fast and firm to look at. Kingsford: So we are looking at February 6 then that this would be tabled until February 6 and we would take up that plat at that point. Forrey: I would take probably that second meeting in February just for a safety margin there. Kingsford: February 20 Forrey: That should work, thank you. Kingsford: Is there a motion to table the annexation and zoning request to February 20? Yerrington: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to table the annexation and zoning for Highlands Ranch Subdivision by Gem Park II Partnership until February 20, 1996, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED OCTOBER 17, 1995: RAIVION YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: Kingsford: Has the Council reviewed that request? Morrow: I guess the question in my mind is this has been tabled several times by the request of the applicant and we were awaiting some information to Gary Smith from the applicant as to where we were at. Could Gary address, I know in our packet there was a letter from Hubble Engineering to Gary. It seems to me the issue before has been tabled repeatedly at the request of the developer and then it was tabled trying to resolve the problem with the cross connections or potential cross connections. So, where are we at with that? • Meridian City Council November 8, 1995 Page 6 Smith: Mr. Mayor, Councilman Morrow, the Applicant did submit the map that 1 believe you have in your packet showing those lots that have been sold and have been built upon. Also shows a lot that was connected to the Ciiy system for sprinkler and has subsequently been disconnected. That all of the lots are being served by the pressurized irrigation system as installed by the developer. The only issue that remains from my standpoint is since this system is being provided water from an imgation ditch is what happens to the water supply when the ditch water does not exist. The location of the pump facility is somewhat distant from the existing water line. It may be necessary for them for the developer to construct a water line from their last phase, their closest phase to that pump station so that we have a single connection, single point of connection to provide water when ditch water is not available. Otherwise the property owners will be, it will be necessary for them to connect to the City system for their alternate source of water when the ditch water is out of the ditches. Morrow. Wasn't that some point of contention between the Council and staff the last time as to how, if those cross connections remain how they're kept checked so on and so forth. Didn't we have a problem in that arena? Smith: Well, yes Councilman Morrow, it is a problem just from a standpoint of being able to monitor that the back flow devices are checked on an annual basis. It is a requirement that they be checked on an annual basis, it is a problem for us to do the leg work and make sure that they are checked on an annual basis, at this point in time it is. We know that vue have a lot of back flow devices in operation that are not being tested annually. So that is why the Public Works Department is encouraging a single point connection in a subdivision from City system that could provide water through a single back flow device. Kingsford: Do we have an agreement Gary from this Homeowners Association that they will in fact pay City water on that single point? Smith: No, we don't. Kingsford: I think given some of our history that is something that we also need to have. Something in the way of a contract to that effect. Smith: Wayne Crookston has mentioned it that we do need to have an agreement with the homeowners association, correct. The only other system that we have in operation right now is being managed and operated by Nampa Meridian Imgation District and the bills are being sent to Nampa Meridian for payment. Morrow. And do they pay them? • Meridian City Council November S, 1995 Page 7 • Smith: I don't know that we got, this was the first fall that the system was connected to City as well as the ditch. I don't know whether, I can't answer that Councilman Morrow, 1 don't know I do know that they were assessed for the 4 inch meter that went into the system, they did pay that. I don't know about the water bills. Morrow: Do we have a method to guarantee collection from Nampa Meridian? Smith: I don't know that there is a separate agreement between the City and them, I am not sure. Kingsford: Maybe we can put a lien on their property and sell it after three years. To answer part of your question there Walt, the billing hasn't been out long enough for us to receive payment on that. So I am not sure whether they have or not. Well it would seem to me we'd be premature to grant any kind of a return until we have a contract with them on payment. Morrow. Well, I think that, it seems to me we need to take it from two points, one is we need to have a contract on payment from the homeowners association and two we need a commitment on the part of the developer Mr. Yorgason that we will get a single point of connection. If there is no commitrnent for the single point of connection if we already have a problem inspecting multiple backflow devices I don't think it is in the City's best interest to perpetuate the problem. Smith: I think in my September 20 memorandum to Mayor and City Council I also sent a copy of this to the developer and I state that either a shallowwefl needs to be built or the City needs to allow a cross connection back flow device on city water for each home being built. Reportedly the developer has entered into an ownership maintenance operation agreement with Nampa Meridian. Since an alternative water source to the ditch water is not being provided at this time it appears the property owners will still need to rely on city water for the time period ditch water is not available. Morrow: And there has been no response on the part of the developer? Smith: The only thing we have received is the letter you have received a copy with that map. Morrow. Mr. Mayor, I would move that we table this until our first meeting in December to give the developer time to answer those four points that Gary Smith will have for (inaudible) Yerrington: Second Meridian City Council November 8, 1995 Page 8 Kingsford: Moved by Walt, second by Max to table this issue to the December 5 meeting and advise the developer of the four points that he needs to rectify, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS NO.3 SUBDIVISION: Crookston: Mr. Mayor, this Los Alamitos there are three items on the agenda, they all basically deal one with the other. There has been discussion by the developer pertaining to a lot and since its acquisition of real property I would request that the Council go into Executive Session to consider this matter and ask the applicant to attend. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to go into Executive Session to consider acquisition of property, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: Call the meeting back to order, the Council was discussing in Executive Session a land acquisition, at this time I would ask Mr. McCall to make his proposal to the Council. Crookston: Mr. Mayor, in that reference we are still on the Los Alamitos No. 6 agenda item. McCall: Mr. Mayor and Council, I am the attorney for the developer. This is in reference to Los Alamitos No. 3, the Council has as part of our application for development e proposed preliminary plat that identifies on there a so called school lot. We have prepared a legal description of that as school lot, it constitutes 2.2 acres. In July of this year we entered into a binding contract with the school district wherein the developer agreed to donate that property to the school district upon the school district's wish and they could exercise their wish or their option anytime within seven years. It is our understanding that this was originally the city's intent that the property be deeded directly to the City so that the City could exercise some sort of con#rol to permit an ultimate multiple use for school and park site. We are now not in a position to give the City that deed because of the • Meridian City Council November 8, 1995 Page 9 contract with the school district. So in order to solve this problem we would make the following proposal. That Fann~est Developers the buyer of that property under a land sale contract will in writing contract with the City wherein they would give this 2.2 acre parcel to the City upon the earlier of the school district of the expiration of the reference July option in favor of the school district or the school districts earlier waiver of any rights under that agreement. We also understand that this issue has been sort of tying up the annexation ordinance that was prepared for Los Alamitos No. 3 and has been tying up the proposed findings of fact and conclusions or the amended ones anyway and also the preliminary plat. We hope and request that the Council go ahead and act positively on those assuming that our proposal is acceptable to the Council. Kingsford: Does the Council understand the proposal? Corrie: Mr. Mayor, I move that we accept the proposal as stated. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the proposal from Fanwest Developers as stated by Mr. McCall, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nea Crookston: Mr. Mayor, excuse me I made an error in reference to the agenda item, I think it is, the agenda item we were just on is agenda item 7 rather than 6 as I have it on my notes any way. Pm sorry I have the minutes as the first agenda item so it is number 6. Kingsford: And number 6 should be those amended findings, am I correct, that include what we were just addressing? Crookston: Yes Kingsford: Is there a motion on fihe amended findings? Cowie: Mr. Mayor, I move that we accept the amended findings. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the amended findings of fact and conclusions of law for annexation and zoning request by Los Alamitos No. 3, roll call vote. ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie -Yea • • Meridian City Council November 8, 1995 Page 10 MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Counselor do you have that? Crookston: I'm song I don't in front of me. Cowie: I move we approve of the decision. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #7: CABLED OCTOBER 17, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDIVISION NO.3 ANNEXATION: Crookston: Mr. Mayor, pursuant to discussions with Brian McCall, the attorney for Farwest Developers I prepared a different ordinance than I had previously submitted to the City, it has one addition. It has a new paragraph under section 2 that states that no building permits shall be issued for this property until the applicant for annexation and zoning, Farwrest Developer Inc., has provided to the City a second option after Joint School District No. 2 to obtain by. donation approximately 2.2 acres in the Northeast comer of the above described property. Ingsford: I think pursuant to the Council's discussion that vw~rd option ought to be stricken in favor of deed or contract, pardon me. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE N 1/2 OF THE SW 1J4 OF SECTION 20, T.3N, R1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #713 read in its entirety? Seeing none I would entertain a motion on #713. Yerrington: Mr. Mayor, I would move we approve #713 as amended by the City Attorney with the suspension of the rules. Cowie: Second Ingsford: Moved by Max, second by Bob to approve Ordinance #713 with the suspension of the rules, roll call vote. Meridian City Council November 8, 1995 Page 11 f LJ ROLL CALL VOTE: Morrow -Yea, Yen-ington -Yea, Corrie -Yea MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 17, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO.3 BY FARWEST DEVELOPERS: Kingsford: Does the Council have questions on that? Morrow: My questions would be to Gary and Shari, if all of their conditions have been met? Stiles: 1 would like to reserve that answer to be that all of our conditions be met. We have received so many different copies of this plat I really don't know which one you are looking at. I suppose you are looking at the one with the stub street. Do you have the one you are acting on before you tonight? Morrow: There was none in our packet in terms of that item. Kingsford: It was in your packet some time before. Has it been changed since the one that we were originally given? Stiles: You were given one that at one time showed that as a cul-de-sac street, but it has since been changed back to the stub. We probably received four or five different versions within 2 weeks from Roylance. I just want to make sure that as long as the plat complies with all the staff and agency conditions 1 have no problem with the plat. Kingsford: Gary? Smith: I believe they have responded to my review comments and answered those review comments. The question of the street again as Shari mentioned whether it stubs into that future school site/park site or it is cul-de-saged there I guess that is still a question then. Kingsford: Other questions of the Council? Morrow. Only a comment on my part to our staff is that we have had tremendous problems with these particular subdivisions in that area. I want to make it absolutely certain that there are no more. And so I guess that is inform of a comment that if in fact we are going to approve this based on the staff conditions I want to make sure that those staff conditions are clearly set forth to the applicant and his attorney and to anybody else that may have input for this subdivision. Meridian City Council November 8, 1995 Page 12 Smith: Well, from my standpoint Councilman Morrow they were clearly set forth in my comment sheet and as I recall Roylance did respond, their engineers did respond to each one of those comments and answered those satisfactorily. Kingsford: Any other questions of the Council? Is there a motion on the preliminary plat? Morrow. Mr. Mayor I would move that we approve the preliminary plat for Los Alamitos Subdivision N0. 3 by Fanwest Developers subject to all City of Meridian staff conditions, ACRD conditions and any other conditions that, may be brought forth in terms of the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the preliminary plat for Los Alamitos Subdivision subject to all staff requirements being met and all ACHD requirements being met and all other requirements in the development agreement being met, alt those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED OCTOBER 17, 1995: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK: Kingsford: Does the Council have questions or comments about that? Morrow. Mr. Mayor, what was the reason for tabling? Kingsford: You wanted a presentation 1 believe from the minutes. Is the representative here from Englewood? Would you make that presentation please? Johnson: Glen Johnson is my name Mr. Mayor, members of the Council. When we first started the Englewood Creek Subdivision in the planning portion of it, at that particular time things v~ere better than they are now obviously. That was several years ago, then we were the only development in that area with that square footage and we felt because of the, we haven't even started the development yet, again this is one of the reasons. Because with that square footage there is nothing around us out there that has that size of homes required. So in order for us to build out lots we realty need to have the 1500 square foot because the zoning calls for 1400 and everything around us that size or 1500 is the maximum for any of the surrounding subdivisions in the area. In fact we even took this back to the Planning and Zoning which was requested by Council earlier this year, we ~ ~ Meridian City Council November 8, 1995 Page 13 fiollowed the steps that were recommended by City Council, went to Planning and Zoning and now here we are back here again requesting that this be amended. Kingsford: Any questions of the applicant? Morrow. The original proposal for the 1800 square feet was brought forth by you and your presentation to P 8~ Z and Council on the original application? Johnson: Well, it wasn't by me personally but it was by our development corporation. Morrow. So the purpose for reduction here is for purely financial reasons to sell lots. Johnson: That is correct, without that there is no reason to go form+ard with the development as it is. We couldn't sell tots and what we develop property for is to make a profit and if there can't be a profit made we (inaudible). Morrow: I understand those points, I guess my reluctance here is this presentation was made to the City Council and P & Z and the elected representatives bought off on an upscale project being located within the City and through the public hearings and testimony and so on and so forth the community through its elected officials had the perception of a subdivision of 1800 square foot plus homes was going to be developed there. And then here we are now because of and none of that was qual~ed by market computations, here we are now with you before us requesting to be down sized because of changing market conditions. What that means is from our stand point as a City we are also down sizing something that woe thought we were getting as a pleasant addition to the community. And so I have somewhat of a problem with that. Johnson: That is the reason that the Council recommended that we go back to public hearings at Planning and Zoning which woe did, Planning and Zoning recommended approval of the reduction to 1500 square feet so we have done everything that the Council acid City Planning and Zoning has asked us to do so we could further this and develop the property. Corrie: Mr. Mayor, what range of homes sizes are you planning there, you have a 1500 square foot minimum but wha# are you planning as the upper levels? Johnson: Oh, I think some of them will be over 2000 square feet, but we don't want to have to start at 1800 because, it is really not going to help the development any because then you all of the sudden you have one spot there with 1800 square foot houses all around it in fact to the south of us there are 1350 square foot minimums and 1400's and 1500's everywhere else. I don't think it is going to be a benefit to the City really to have a whole bunch of vacant lots sitting out there with no house. • Meridian City Council November 8, 1995 Page 14 L~ Kingsford: Any other questions? Thank you Mr. Johnson. Council has those amended findings from P & Z is there a motion? Cowie: Mr. Mayor, I move we approve the amended findings of fact and conclusions of law from the Planning and Zoning Commission. Yerrington: Second ICr~gsford: Moved by Bob, second by Max to approve of the amended findings of fact and conclusions of lawfor the Englewood Creek Subdivision, square foot sizes, roll call vote. ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie -Yea MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Cowie: Mr. Mayor 1 move we approve the decision of the Planning and Zoning Commission as stated. Yerrington: Second Ingsford: Moved by Bob, second by Max to approve of the decision as prepared by the P & Z, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #10: TABLED OCTOBER 17, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: Ingsford: It is my understanding we had a request to table that again, am I correct, Mr. Berg? Shari, is this number 10 item, was it requested to be tabled again or did I just dream that up? Stiles: Mr. Mayor, that is Billy Quinn's he has requested that it be tabled so he can get his legal description straightened out. Kingsford: Did he ask for a date certain for it to be tabled to? Stiles: Just to the next meeting on the 21st. ~ ~ Meridian City Council November 8, 1995 Page 15 Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for annexation and zoning for Billy Quinn to the November 21 meeting, all those in favor? Opposed? MOTION- CARRIED: All Yea ITEM #11: TABLED OCTOBER 17, 1995: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON: Kingsford: Does the Council have questions on that issue? Morrow. And the reason for table on that? Kingsford: What was the issue, Shari? Stiles: Mr. Mayor and Council there was a question about the fence variance and she has submitted that application. Morrow: Mr. Mayor, question of Shari, your letter dated the 3rd indicates that you are recommending the conditional use permit for the day care by approved at this time and the applicant will follow up for a fence variance. She has in fact followed up with that request. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as prepared for Planning and Zoning for the conditional use permit to operate a day care for approximately 6 to 12 children by Judy Wilson. Cowie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law as prepared for P & Z to operate a day care center to 6 to 12 children by Judy Wilson, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Meridian City Council November 8, 1995 Page 16 Morrow. Mr. Mayor, I would move that the City Council of the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use permit should be subject to review upon notice to the applicant by the City and subject to the variance for the fence. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the conditional use permit with the conditions stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: TABLED OCTOBER 17, 1995: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: Kingsford: It is my understanding they contacted Shari and wish to be tabled again, am I correct? Stiles: Yes Mr. Mayor. Kingsford: And that is until the next meeting? Stiles: Yes Kingsford: Is there a motion to table that to the November 21 meeting? Yerrington: So moved Cowie: Second Kingsford: Moved by Max, second by Bob to table the Sandpiper (End of Tape) MOTION CARRIED: All Yea ITEM #13: TABLED OCTOBER 17, 1995: MARTY GOLDSMITH: REQUEST TO PHASE CONSTRUCTION IN LOS ALAMITOS N0.2 SUBDIVISION: • Meridian City Council November 8, 1995 Page 17 Kingsford: Does the Council have questions about that phasing? Morrow. Yes Mr. Mayor, I would like to hear a presentation on behalf of the developer for the record, what phasing means. McCall: Mr. Mayor and City Council, the developer in this case because of a water conditions primarily had elected to phase the development and hold back out of development approximately 10 lots. As I understand the developer is in negotiations with the City where all of this would be fine as long as we entered into anon-development agreement. Consequently I have prepared about a week and a half ago anon- development agreement and sent it over to the City Attomey for his review. He and I visited on it today, he indicated that there were a couple of changes, they were all in the nature of typographical errors. There was no F~chibit A attached and we had Los Alamitos No. 1 instead of No. 2 and there was an s, something was in the plural when it shouldn't have been. Those changes have all been made and t have provided the City Attomey with the non-development agreement. It is the City's form non-development agreement, it says in essence that these identified 10 lots will not be developed without subsequent approval by the City Council. Otherwise the agreement is pretty self explanatory. Crookston: I have approved it Mr. Mayor. Kingsford: And of course the issue there is with regard to the number of lots that they could irrigate off the well, is that right. And then these exempted so that they couldn't go beyond that, am I on the right target with these? McCall: That was the reason why we opted to hold these 10 out because right now we are irrigating out of the well that has a certain capacity and based on the engineering study that we had indicated that if vve brought on this entire phase it might be over taxing it. Kingsford: And that well is supposed to be monitored and so forth? McCall: That is correct. Kingsford: Does the Council have any other questions for Mr. McCall? Morrow. Gary Smith had some comments in his letter dated October 11, 1 think he had five issues. Are you satisfied Gary that those five issues were covered correctly? Smith: Mr. Mayor, Councilman Morrow, I believe that the plans have been revised and resubmitted let's see, October 27 the plans went back to Roylance with the, some red lines where not addressed, but they were being requested to ~ addressed. I don't know whether Meridian City Council November 8, 1995 Page 18 • those have come back or not, have they? We were interested in getting some proof that the pressurized irrigation was being turned over to the homeowners or Nampa Meridian Irrigation District. We did obtain a recorded copy of the covenants and the covenants speak to it being operated by the declarant or the homeowners association. I don't know whether my assistant has had any conversation with Marty or Brian concerning a clarification of that or not. McCall: While the project is being developed we anticipate that we'd have to develop the irrigation system, it is a fairly complex irrigation system involving two different wells and two different sources of surface water when it is completely developed then the CC~R's indicate it will be turned over to either the homeowners association or Nampa Meridian Irrigation District. Smith: The record copy that we have doesn't discuss the Nampa Meridian unless there has been a revision to that CC&R, it just talks about the declarant or the homeowners association. The declarant I guess that is the developer/subdivider. McCall: That is correct, I thought we had, the final draft was in the alternative when the CC&R's for the next phase come in we can certainly make that, I think the developer would tike to have that option oftf the homeowners association doesn't want it then we want to give it to the Nampa Meridian Irrigation District. Smith: That is fine, the Public Works Department doesn't have a problem with that. As long as it is of record that is what is going to happen. The copy that we have, the recorded copy that we have is I guess the No. 1 subdivision has been recorded. McCall: We have now filed of record supplemental declarations for phase 2. Smith: Does that speak to Nampa Meridian then for the homeowners? McCall: No, I don't believe it does because I thought that phase 1, I am sorry, I don't have a copy of those in front of me but if my memory serves me correctly we have, this issue came up originally the pressurized irrigation system was going to be maintained by the declarant and then we decided that probably wasn't in everybody's best interest so we did. make the change. The exact language 1 am not sure of, we ran it by City Council at some point. Smith: Well, I guess we need that clarified because we just received, we obtained a copy from the Recorders office just this week and it speaks only to the declarant or homeowners association in that pressurized irrigation section. The other thing that we talked about in our transmittal bads to Roylance and a copy of this went to Marty also was a City Council • Meridian City Council November 8, 1995 Page 19 approval of a non~levelopment agreement. The Corps of Engineers approval of the Nine Mile Drain water and sewer crossing and an approved license agreement with Nampa Meridian for the water and sewer and pressurized irrigation crossings. i believe Marty indicated to me tonight the Corps of Engineers agreement has come back to him for the Nine Mile Creek pipe. Goldsmith: I do have the Army Corps of Engineers application and it has been approved by the Army Corps of Engineers. The Nampa Meridian Irrigation District we have an easement in place there to work on the crossing right there. Smith: Is there a crossing agreement that has been approved? Goldsmith: Yes sir. Smith: There is a crossing agreement for that pressurized irrigation line? Goldsmith: Yes sir. Kingsford: We need to have a copy of those Marty. Goldsmith: I have sent those over, and Rick Clinton does have those. He also has the copies of Los Alamitos No. 1 and 2 phases CC8~R's that talk directly to the homeowners or the Nampa Meridian Irrigation District owning the pressurized irrigation. Smith: Well, we did not have a copy of that Marty and we had to go to the Ada County Recorders and obtain a recorded copy to make sure we have something of record. That is what we have. Goldsmith: I spoke to Shari and she brought me in on it that Rick had pulled a copy of Salmon Rapids No. 1, they do talk about the declarant, we are going to change that and v~uld like to go on record as stating that we are going to change Salmon Rapids, but that Los Alamitos No. 1 and No. 2 you do have current copies of the CC&R's that are recorded and those copies talk about Nampa Meridian Irrigation District or the homeowners. So prior to us or prior to the City accepting the non-development agreement I would think that would be a condition if you can do that for us is that we will meet Gary Smith's requirements. Smith: We will need a copy of that in hand, the recorded copies from the Recorders ofFce and the other thing is has there been anon-development agreement submitted to us? Goldsmith: Yes, the non-development agreement has been approved by Wayne Meridian City Council November 8, 1995 Page 20 Crookston and I did hand deliver the CC&R's on phase 1 and phase 2 of Los Alamitos that speak about the Nampa Meridian Irrigation District or the homeowners. Smith: You hand delivered them to? Goldsmith: To Rick Clinton. Smith: Recorded copies? Goldsmith: Yes sir. Kingsford: Other questions of the Council? Is there a motion on the request for phased construction? Morrow. Mr. Mayor, I would move that we enter into anon-development agreement for the 10 lots subject to the meeting by Mr. Goldsmith and verification by him to our staff of all of the staff conditions that have been discussed and that upon satisfactory completion of that I would authorize the Mayor to sign and the City Clerk to attest to that non-development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the non-development agreement subject to all of the staff requirements being met and authorize the Mayor to sign and the City Clerk to attest after that has been completed, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 73.5 ACRES TO C-G BY LANGLEY AND ASSOCIATES: Kingsford: Questions of the Council? Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law for the annexation and zoning request of 73.5 acres to C-G by Langly and Associates. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law for the annexation and zoning request of 73.5 acres to C-G by Langly and Associates, roll call vote. Meridian City Council November 8, 1995 Page 21 • ROLL CALL VOTE: Cowie -Yea, Yerrington -Yea, Morrow -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, the Meridian City Council of the City of Meridian hereby decides that the property set forth in the application is approved for annexation and zoned general retail and service commercial C-G with a conditional use permit issued on the conditions set forth in these findings of fact and conclusions of law. That if the applicant is not agreeable to these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. There shall be no development or use whatsoever of the property for anything other than a planned commercial development with conditional use permit required for these specific uses. Cowie: Second Ingsford: Moved by Walt, second by Bob to approve of the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: CONDITIONAL USE PERMIT FOR A RETAIL PROJECT OF APPROXIMATELY 700,000 SQUARE FEET BY LANGLY AND ASSOCIATES; TABLED OCTOBER 17, 1995: Morrow: Mr. Mayor, the findings for this conditional use are part of the findings for the annexation and zoning request. So Counsel advises me that all we need to do is a motion for the approval of the conditional use permit for the retail project and I would make that. motion. Cowie: Second Kngsford: Moved by Walt, second by Bob to approve the conditional use permit for a retail project of 700,000 square feet by Langly and Associates, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACRES TO L-0 AND C-G BY JIM BALLANTYNE: • Meridian City Council November 8, 1995 Page 22 Kingsford: Does the Council have questions or comments on that? Morrow. Mr. Mayor, the findings of fact and conclusions for the annexation of this particular parcel I am troubled by these from the standpoint that we have been requiring for all projects the submittal of a plat in conjunction with an annexation and zoning. The issue here is clearly there was no plat or development plan and no indication at all in terms of usage for this particular property. In a sense it is land banking. I don't think it is in the City's best interest at point of annexation not to have, at point of annexation we have maximum control over usage of parcels of property. In Mr. Ballantyne's presentation I was troubled by the fact that in that area, in the 1/4 mile section line is the dividing line pretty much between residential and non-residential uses. In the case of his proposal there was a deep in road to inside that 1/4 mile line for some uses. The second issue is clearly there was a problem with the line up of the roads with respect to ACRD if I remember correctly it was even implied by Mr. Ballantyne that a portion of that road was actually an easement as opposed to a dedication and that was a property owners of which they didn't have control of that properly. And so it appears to me for the sake of consistency and fairness of others that we have required continuing plats that or development proposals that we don't step away from that precedents even though this ground does represent an enclave. That it is in our best interest to be consistent and to resolve the issue of the road access and to resolve the issue of the usage of the ground within the 40.17 restaurant. Kingsford: if t may, we have an issue that Counsel polled each member of the Council, it was a tie vote, Counselor called me and asked my opinion, the findings were prepared base don that and low and behold Mr. Tolsma turns up sick this evening. So, we have a dilemma if I might suggest that this maybe be tabled and see if some of your issues brought up which are very valid can't be rectified and look at those being incorporated also in these findings. Morrow: Then I would move to table to our December 7 meeting. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this to the December 7 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor, the esteemed City Clerk has brought up a valid point to our attention, following the agenda, it wasn't on there but with regard to Langly and Associates we need to direct you to prepare an ordinance is that correct? • • Meridian City Council November 8, 1995 Page 23 Crookston: That is correct. Morrow. So moved Cowie: Second Ingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance on annexation and zoning for Langly and Associates all those in favor'? Opposed? MOTION CARRIED: All Yea Kingsford: Who said December 7? Morrow. I did. Kingsford: December 5 is the right date. Morrow. I stand corrected. Yen'ington: l move we take a five minute recess. Cowie: Second Kingsford: Moved and seconded we take a five minute recess, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ALBERT & SUSAN BERNER AND MARIE NANNI: Kingsford: Does the Council have any questions with regard to those findings? Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law for the variance requested by Albert and Susan Bemer and Marie Nanni. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law for Albert and Susan Bemer and Marie Nanni, roll call vote. • Meridian City Council November 8, 1995 Page 24 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, I would move that based on the above findings of fact and conclusions of law it is decided the application for a variance from 11-2-414 E2, B(2) off street parking is approved and that the variance requested by the applicant to extend the business to include outside seating during the warm weather months as described in the application with the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: AMENDED ORDINANCE #715 -TREASURE VALLEY BAPTIST CHURCH: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING ALL OF LOT 2, BLOCK 1 OF TIMOTHY SUBDIVISION AS RECORDED IN BOOK 31 OF PLATS PAGE 1923 OF ADA COUNTY RECORDS AND ALSO THE RIGHT OF WAY OF TEARE AVENUE FROM THE CENTERLINE OF OVERLAND ROAD TO ITS TERMINUS WITH SAID LOT 2 AND ALSO THE SOUTH 1/2 OF THE INTERSTATE 84 LYING ADJACENT TO SAID LOT 2 ALL BEING IN THE S 1/2 OF THE SE 1/4 OF SECTION 18, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO AND PROVIDING FOR THE EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #715 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor I move for the approval of Ordinance #715 with the suspension of the rules. Cowie: Second Kingsford: Moved by Max, second by Bob to approve the Amended Ordinance #715 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea Meridian City Council November 8, 1995 Page 25 MOTION CARRIED: All Yea • ITEM #20: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FRO SALMON RAPIDS NO. 3 SUBDIVISION: Kingsford: Does the Council have questions on that? Morrowr. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law for annexation and zoning request for Salmon Rapids No. 3 subdivision. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the amended findings of fact and conclusions of law for annexation and zoning request for Salmon Rapids No. 3 Subdivision McCall: If I recall after the public hearing several members of the Council went out and looked at Salmon Rapids No. 1 and they became quite concerned about the location of a fence. We then met and agreed that the developer would go forward and try and re-plat subdivision No. 1 that strip. In the findings of fact on No. 2 paragraph 18 talks about actually moving the strip and I don't believe as a result of that meeting that was the outcome and I would just ask that 18 be re-written to set forth the developer is going to re- platthe berm in such a fashion to move that, the lot line back towards Locust Grove 10 feet instead of talking about actually moving the No. 18 says the developer will move the strip to an appropriate place, 1 don't even know what that means. I don't think that is what anybody intended. Kingsford: I guess I would be just a little bit interested in knowing how come you have those, because we haven't approved them. McCall: You approved them at the last meeting and at the last meeting. Kingsford: These are amended, were they not amended to do anything with that strip? McCall: The amendment was to take care of the guard rail and the City Clerk had sent us a copy of the ones that were approved the last time and I noticed that was in there and I didn't want to get down the road and have that. Crookston: These were changed for the previous meeting, this paragraph 18 was changed. Kingsford: Is it changed to accommodate that strip? • • Meridian City Council November 8, 1995 Page 26 Crookston: It does not accommodate what Mr. McCall just stated. Ingsford: So what you are saying then is that we would have yet another jog in the fence? McCall: No, what I am saying is that wre think the findings should reflect, delete 18 and in its place put that the developer is going to make his best efforts to get the signatures of the existing lot owners to permit the moving of the fence back 10 feet in No. 1. Kingsford: Well, these findings shouldn't apply in No. 1 should they? McCall: I don't think so and I don't know why this is in here and that is why I was raising it. If it is just deleted then I don't think we need to (inaudible) with anything. Stiles: Mr. Mayor and Council the reason that he has those findings is that I inadvertently gave them to him thinking they had been acted on. 1 don't have the correct agenda and if it is talking about something to do with the fence there is a 20 foot planting strip requirement if that is going to be reduced it will require that the Council approve of a variance to that 20 foot requirement. So I don't think it is inappropriate to still reference the 20 foot planting strip. Kingsford: But in there it speaks to the fence falling down and so forth that doesn't even apply in No. 3. Stiles: It is talking about No. 1? Kingsford: Well it has to be, paragraph 18 if I am reading from the right one states that Walt Morrow stated the 20 foot landscape strip along Locust Grove Road which the developer was instructed to move to an appropriate place had not been done. The developer had earlier assured the City that this would be completed by August 15, 1995 that the existing fence was falling down the property buyers within the subdivision claimed the developer had sold them 11 feet plus or minus that is all in No. 1. Stiles: That is entirely right, but it still does reference somewhere in there that the 20 foot planting strip is a requirement. Morrow: So where are we here? Kngsford: Well, clearly #18 needs to be stricken, I don't know what the rest of it looks like. Morrow: Maybe a review of this is appropriate. • • Meridian City Council November 8, 1995 Page 27 Kingsford: I agree with Mr. McCall, we need to have it consistent with where we hope to end up with it on No. 1. I agree with Shari that if that is your desire to move forward with that portion No. 1 to bring it out 10 feet and then actually deed that to the homeowners then you do need a variance on this one as you would also on No. 1 as you have plated. McCall: It was our feeling that this wasn't an action that the Council could solve for us that we had to go out to those homeowners and see. Kingsford: You are talking about No. 1 we are talking about No. 3. So what I think those findings ought to include is if it is your desire to not have the 20 foot planter strip if it is going to be consistent with what you hope No. 1 to be and consistent with Sportsman Pointe then it needs to have a variance. McCall: But there is no 20 foot planter strip in No. 3, No. 3 is in back of Locust Grove or excuse me No. 2 is what we are talking about, No. 2 is in back of Locust Grove. Kingsford: Well, the agenda says No. 3. McCall: I am song you are correct, we are on No. 3. You are absolutely correct, in which case if we are successful in No. 1 in getting that fence moved back I think it would make sense to get a variance on the 20 foot strip on No. 3 so that fence is consistent. Starting with Sportsman Point all the way down the line. Kingsford: As Mr. Morrow and 1 reviewed that some couple of months ago certainly that was our opinion that it doesn't make sense to have tittle jogs in that fence. Even though the intent is very good to have a 20 foot planter strip it doesn't work all that well when you have a long stretch that is 10 feet and then move it to 20 in the middle of the road there or the middle of the lot. McCall: So perhaps what would be appropriate is to strike the findings found in No. 18 and to amend them to say that if the developer is successful in getting on No. 1 a replat to reduce that strip down to 1 then he would also apply for a variance on No. 3. Crookston: Excuse me, what these were amended for was Mr. Morrow, at the meeting on October 17 desired to amend the findings of fact and conclusions of law in reference to the road, a one year warranty and a bond for completion of a guard rail. Kingsford: But it appears that your machine must have picked this up off of No. 1 and we have faulty findings. Crookston: That could very well be. • Meridian City Council November 8, 1995 Page 28 r: Kingsford: I think those need to be re-done and submitted to the Council for review because they are not consistent. There are other spots in there that we are talking about No. 1 as well. McCall: The reason, I did ask Shari for a copy, I didn't realize this was coming up but we had the findings sent to us from the Clerk and it had this same error in it. I just wanted to have it in front of me so I could make sure I brought it to the Council's attention. Ingsford: Those were as approved by Planning & Zoning that he had sent you and they were consistent throughout. McCall: Well, I believe at the last Council meeting the City Council's findings of fact and conclusions of law were passed subject to the amendment on the guard rail, that is what I think I got sent although I could be wrong. I got sent a copy today and was reading through and saw this same problem. Morrow. Mr. Morrow, the issues that we had requested or that I had requested them to be amended are a part of the body of the decision but it seems to me that in the interest of time and to save confusion that it would be to our benefit to have these findings of fact and conclusions re-edited so that we know for a fact that nothing else was in the body is incorrect. And so I think it would be my desire to table that to send it back to the City Attorney's office to be re-edited and submitted to us at our next meeting on the 21st. Yerrington: Second Kngsford: Moved by Walt, second by Max to table this until the November 21st meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Goldsmith or Mr. McCall, where are you at with regard to that issue, it v~ould seem to me like if you could move along and have an idea from those homeowners in No. 1 it would be beneficial to know where we are going with No. 3 in terms of that fence. (Inaudible) Goldsmith: Mr. Mayor, thank you for asking that question. We have a variance, it will be on the agenda for the next public hearing, excuse me that is for a block length. I have submitted a package for the variance on the fence, submitted it and then there was another package that we need to fill out on that. Shari has asked me to fill out a variance Meridian City Council November 8, 1995 Page 29 • from the 20 foot requirement of the planting strip to a ten foot which the amended plat, do we need to have the amended plat accompany that variance. I want to make sure that I am going through the right steps here. I filled out one variance package and it was wrong so now I have a new variance package that was picked up the day before yesterday and I have to fill it out. Do you want the amended plat to accompany that. The steps I was going through was to fill out the variance package, get it before the Meridian City Council, then try and get the signatures and then come back to the City Council with an amended plat. Stiles: I think it would be appropriate that you actually get the variance approved by City Council before you go through the process of amended the plat. Kingsford: So basically you are looking at adding size to the lots adjacent to Locust Grove anyway right off that plat. Goldsmith: So I incorrectly filled out one variance to give you an idea of where we are at there, I am in the process of filling out another variance. I have submitted to the City for their review a letter that is going to the homeowners of Salmon Rapids and stating to them that I am representing them trying to get the plat amended and asking for their support on that. Kingsford: Wetl I would assume then Counselor that we have tabled the amended findings it would be appropriate to table Ordinance #718 then on the annexation. Morrow. So moved. Yerrington: Second Kingsford: Moved by Walt, second by Max to table item #21, ordinance #718, annexation of Salmon Rapids No. 3, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIG HEARING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Kngsford: I have received from Mr. Turnbull during the break a note (inaudible) that you would like to defer the hearing on the Bedford Place Variance to November 21, 1 agree with him. David Couch and Rachel Hansen were present here tonight and the three of us agree that we would like to go home and hopefully have an earlier agenda item on the November 21, please convey this message to the Mayor and Council. At this time though, • • Meridian City Council November 8, 1995 Page 30 I must open the public hearing, if anyone cares to give testimony on that we will take it at this time. Seeing none I will continue the public hearing until the November 21 meeting. Morrow. Mr. Mayor part of my reasoning for requesting the deferral by IVIr. Turnbull was so that we could do an on site walk through of the proposal and so I would invite any of the other Councilman to join me on that walk through. Kingsford: If that is in the afternoon Mr. Morrow I would certainly like to do that as well. Morrow. I will make it for an afternoon appointment then. It will be not this week but next week. ITEM # 23: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Kingsford: I would entertain a motion on the conditional use permit for a full service restaurant. Morrow. Mr. Mayor 1 would move that we approve or adopt the findings of fact and conclusions of lawfor the conditional use permit for a full service restaurant with lasagna by Albert and Susan Berner and Marie Nanni. Cowie: Second Kngsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of lawfor a condfional use perms for a full service restaurant by Albert and Susan Berner and Marie Nanni, roll call vote. ROLL CALL VOTE: Morrow -yea, Yerrington -Yea, Con•ie -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, the decision would be that the Meridian City Council approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Cowie: Second Kingsford: Moved by Walt, second by Bob to approve of the decision, all those in favor? Opposed? • Meridian City Council November 8, 1995 Page 31 MOTION CARRIED: All Yea ITEM #24: CONDITIONAL USE PERMIT REQUEST TO OPERATE A BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER. Kingsford: Do you guys want to hear a presentation? Palmer: I think everybody knows what it is, do you have some questions. Kingsford: This is the property on Meridian Road? Palmer. It is adjacent to a day care that we already have. It is next door to it on Meridian Road. Morrow. Is that where the Cherry Vacuum .used to be? Palmer: It is still there it is behind the two in between them. Yerrington: How many students do you have in each one of them? Palmer: The one that is now going is licensed for 43 and it is determined by the Fire Marshall how many we can have. I have measured it out I believe it is going to be 30 to 34 right in there, it depends on which tape measure, there are a couple jogs in the wall, I don't know how they are going to count that but it should be about 30. Ingsford: Mr. Smith, what is the status with regard to the hook ups on those properties? Smith: Can you give me just a minute to check my file. Kingsford: Any questions for Joe while he is looking? Smith: Mr. Mayor, item #7, when my assistant Bruce Freckleton commented in October, on October 5 stated that the assessments will be reviewed during the building plan review process. He asked for information from Mr. Palmer concerning his anticipated water demand. I don't know whether he received that, did he receive that? He did. Palmer: There was some concern whether or not the drainage system that we put in will take all the water in the parking lot. Our engineer came by and re-checked everything and said well according to the numbers it is not but we will do a test on it. So we will have a water truck come over and dump 3600 gallons of water in and see if it will take it. Meridian City Council November S, 1995 Page 32 Ingsford: I think we are talking about different things here, we are talking about domestic water for your facility. Palmer: Nobody has said anything to me, we haven't had any problems with it. Kingsford: Here we are talking about hook up charges Joe for (End of Tape) Smith: I don't know, all I know is the question was asked and I don't know if he ever received any input from you on what you expected as far as demand goes on the water and sewer. Kingsford: Do you know what we are talking about here Joe? Palmer: How much water we are going to use? Ingsford: What you are talking about here is to pay for your portion of the water tower and wells so that you have water when you flush and that sort of thing. Smith: We just need to look at that Joe and make sure that your assessments are in line with the number of children that you are going to have. Palmer: (Inaudible) Fire Marshall decides how many kids will be there and you assess it off of that. Smith: Right, correct, and those assessments will be made as part of that building review plan, the building plan review process. Palmer: So when does that take place then? Kingsford: Well when you tell us how many you have got I guess. Normally we have an a$sessment agreement that we review for a year. Smith: Right Kingsford: So that if you use more water than what our code calls for during that time we would assess you additional hook ups. Palmer: That is fine. Kingsford: Any other questions of the Council? Is there a motion? • s Meridian City Council November 8, 1995 Page 33 Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as prepared for the Planning and Zoning Commission. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yenington -Yea, Corrie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. In my packet there is not a decision, I think the decision would be to approve it. The decision would be rightfully to approve the permit requested by Joe and Leslie Palmer to operate a before and after school center. Cowie: Second Ingsford: Moved by Walt, second by Bob to approve the conditional use permit to operate a before and after school day care center by Joe and Leslie Palmer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: CONDITIONAL USE PERMIT REQUEST FOR A DRNE THRU WINDOW FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Kingsford: Does Council have any questions on that issue? Is there a motion on those findings? Morrow. Mr. Mayor, I vuould move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning Commission. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z on the drive thru window for Jackson Food Stores, roll call vote. Meridian City Council November 8, 1995 Page 34 L' ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Con'ie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, I move that the City Council of the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conclusions set forth in these findings of fact and conclusions of law. Yen'ington: Second Kngsford: Moved by Walt, second by Max to approve of the conditional use permit request as outlayed in the findings of fact and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: CONDITIONAL USE PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS, INC.: Kingsford: Does the Council have any questions on those Endings? Is there a motion? Morrow. Mr. Mayor, I move we adopt the findings of fact and conclusions of law as prepared by the Meridian Planning and Zoning Commission for the Western Deli Shops Inc. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z for Western Deli Shops Inc. with a drive thru window, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor I move that we approve the conditional use permit requested by the applicant being Western Deli Shops Inc. for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Meridian City Council November 8, 1995 Page 35 Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision on the drive up window for Westem Deli Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #27: WESTERN HEALTH CARE CORPORATION: UPDATE ON NURSING AND RESIDENTIAL CARE FACILITY: Ingsford: Is that you Mr. Forrey? Councilman elect did you want to make a presentation on Westem Health Care? I don't seem #hem, entertain a motion to table that. Morrow. Well, according to their letter that was in our packet they simply said they would show up at November 8 or at another time that may be more convenient. Obviously it is more convenient for them at another time. Kingsford: Well, I would assume that they said they were going to be here to get placed on the agenda. Morrow. Well, that isn't what their letter says, it doesn't matter, let's table it and be on with it. Ingsford: Lets not table it and strike it and they can make a presentation or get back to Mr. Berg. Entertain a motion to dispense with it. Morrow: Mr. Mayor, I move that we strike from the agenda the Westem Health Care Corporation update on a nursing and residential care facility. Yerrington: Second Kngsford: Moved by Walt, second by Max to strike the Westem Health Care Corporation update, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #28: CANVASSING THE VOTES FOR THE CITY ELECTION HELD NOVEMBER 7, 1995: Kingsford: Entertain a motion to recess briefly while Mr. Berg brings in the ballot containers. • Meridian City Council November 8, 1995 Page 36 Yerrington: So moved Morrow: Second Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Berg has opened up the ballot box from the first precinct. I would suggest that the Council look into another election, punch cards and process for counting. Crookston: Do you think we need another precinct? Ingsford: I don't think so, I don't think people were held up very long every voting, I think the problem is in counting. That was a good much to wait until 1:20 on counting. It appears that we are missing one ballot. They have mis-numbered those. We are apparently one off in ballots in the second precinct but there was no race that was within one. Missing one ballot do we just certify that we are missing one. Is everyone satisfied that they have looked a# the material? Entertain a motion to canvass acknowledge that one ballot was missing in precinct two. Morrowr. So moved Con-ie: Second Kingsford: Moved by Walt, second by Bob to certify the election and acknowledge that one ballot was missing from precinct two, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: DEVELOPMENT AGREEMENT: CHAMBERLAIN ESTATES SUBDIVISION: Kingsford: You have reviewed that Shari? Stiles: Yes Mr. Mayor I have. Kingsford: Counselor, you guys have composite problem? Crookston: No, not on the development agreement. Kingsford: Where are we at, everyone involved with regarding to bagging the Meridian City Council November 8, 1995 Page 37 development agreements and going to a punch list that we focus in on that, is that still your desire, where are we at on that? Stiles: l am hoping we can start it immediately on your next annexation. To take that requirement out and instead state that it will be a list of conditions. Kingsford: Is there a motion to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates Subdivision? Max: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Do you want to bring up the CC&R's on that subdivision? Kingsford: t can't I don't have them on my agenda. Crookston: I know you don't Kingsford: Do you have those, have you reviewed them? Crookston: I have there are some very slight modifications, 1 would request that the Council approve subject to my approval. Morrow. Mr. Mayor, 1 would move that we approve the CC&R's for Chamberlain Estates Subdivision subject to the final approval by City Attorney Crookston. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Chamberlain estates Subdivision subject to Wayne Crookston's approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: WATER/SEWER/TRASH DELINQUENCIES: Meridian City Council November 8, 1995 Page 38 Kingsford: This is to inform you in writing if you choose to you have the right to a pre- determination hearing at 7:30 P.M. November 8, 1995 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your sewer, water or trash bill is delinquent. You may retain counsel. This service will be discontinued on November 15, 1995 unless payment is received in full. Anyone from the public that would like to contest their sewer, water, or trash bill delinquency? Entertain a motion to approve the tum off fist. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to approve the tum off list, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: They are hereby informed they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code, even though they appeal their water will be shut off. The tum off list this month is $21,043.78. ITEM #31: APPROVE BILLS: Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob that we approve the bills, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #32: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Thank you Mr. Mayor and Council members. The first item I have is results of a bid that we held for purchasing some pick ups for sewer and water department. !will pass out a copy of those bid results to you now. The bid request was at the top of the paper was for one 3/4 ton 4 x 2 pick up, three 1/2 ton 4 x 2 full size pick ups and one 4 x 2 compact or mid size pick up. The bids received were from Meridian Ford, Edmark Chevrolet and Meridian City Council November 8, 1995 Page 39 Dennis billion. Also I enlisted the State of Idaho new vehicle bid that I just received a couple of weeks ago. Meridian Ford was the low bidder straight across the board. Comparing them to the State of Idaho bid there is very little difference and I did have a couple of questions on the State bid on the two full size pick ups which I didn't get answers, but the difference in the bid price being so small I didn't pursue it. The full size pick ups come from a dealer in Sandpoint, Idaho. The 3/4 ton pick up is to be located at the Waste Water Treatment Plant to replace a 1979 Ford pick up. That pick up will be reassigned to the Parks Department to replace a 1972 Chevrolet. Two of the 112 ton pick ups will be located at the Water Department to replace a 1979 Ford and a 1984 Ford. One of the 1/2 ton pick ups will be located at the Public Works Department to replace a compact pick up that is presently assigned there and that compact pick up will be reassigned to the Waste Water and will be used out there for line location work when they are called to locate sewer lines for Dig Line and also for our new Pre-Treatment OfFcer's fieldwork The compact pick up is to be assigned to the Water Department as the second meter reader vehicle. Kingsford: You are recommending then that we approve the Meridian Ford bids. Smith: Yes sir. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the bids from Meridian Ford, $16,501.70 on 3/4 tdn, $37,946.10 on three 1/2 tons, and $10,645 for the compact, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: What delivery are you talking about? Smith: I believe Councilman Yerrington they said 90 days, it would be some time after January, some time in January I believe they said. Thank you. The second item that I have concerns some purchase of some computer software for the Waste Water Department. I have prepared a little package for your information that I will pass out at this time. This computer software deals with the maintenance records for the Waste Water Plant collection lines and our lift stations. I put a little dissertation together there for your information as to why we are proceeding with this. The expansion of our plant because of our growth, the remodeling of it replacement of facilities and within the plant and the collection system pointed a need toward having records that we could access that were • Meridian City Council November 8, 1995 Page 40 accurate records that would prompt our Waste Water Superintendent with items of need, needed items of maintenance which could be replacement or rehabilitation. So we do some research to find out what was available. Two companies came up out of the research that provide this type of software. One of them is called the second sheet is Hanson Information Technologies, and the second sheet or third sheet is RJN Group Inc. The software is not inexpensive, but it is very comprehensive. We felt that with our growth with the increase of our facilities and the need to knowwhere we are with our facilities, this is going to require an inventory. The bottom line is the information that vye put into this software is base data and with that base data then we will be able to better manage our facilities. The City of Boise recently went about a similar search and after the RFP's came in they made a recommendation that they also proceed with the Hanson Technologies Company. Superintendent Shawcroft and I would request your concurrence in authorizing the purchase of this software equipment for use at the Waste Water Plant. It operates through windows, it is user friendly as far as the operator is concerned. We just felt that it was the better of the two and I think it was substantiated by the work that Boise City did on the same subject. Kingsford: Isn't' most of your software at least in here RJN Gary? Smith: The third sheet is RJN and the second sheet is Hanson. Ingsford: Right, I am just saying that you are proposing Hanson and I am saying don't you have a whop bunch of RJN's stuff in here novr/? Smith: In the City of Meridian? No, you are thinking of Bob Minton, RJM, Robert Minton is building our hardware right now. He is out of Boise, RJN is out of Irvine, California. Kingsford: Questions of the Council? Yerrington: On the bottom of page 2 it says the price is good for 90 days and it is dated here 2/7/95. Smith: That is right. Kingsford: You have been sitting on this for awhile. Smith: No sir we sure haven't. Morrow: Mr. Mayor, I would move that we authorize Superintendent Shawcroft and City Engineer Smith to request or the approval of the purchase of this software subject to the confirmation of the bid quote. Meridian City Council November S, 1995 Page 41 Cowie: Second Kingsford: Moved by Walt, second by Bob to authorize the Engineer and Sewer Superintendent to purchase software from Hanson Information subject to confirmation of the bid quote of $13,150, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank Mr. Mayor and Council, the third item 1 have is an engineering agreement, proposed engineering agreement for improvements at the Waste Water Plant. I will pass this out to you too. My cover letter explains what is happening here. You may or may not remember it has been a couple of months ago that you approved a preliminary engineering study by Keller and Associates to determine what portions of the plant needed to be upgraded in order to increase our capability of treating flow of 5.0 million gallons per day. At this time Keller and Associates has returned that preliminary engineering report and they have suggested or recommended that we do five different things that are listed on that first sheet. One is upgrade the existing primary clarifiers. Second would be upgrade the existing secondary circular clarifier and update the existing rectangular clarifiers which right now are not being used. We would provide a new vortex type grit removal process in our grit classifier chambers which is at this point not functioning well at all, in fact I don't think it is functioning at all. The last item would be to provide emergency generator power to the existing head works which would be the (inaudible) screen so that it would operate on the emergency generator when we lose power. The second sheets shows the scope of work it is a little more detail of what those different work items consist of. 1 think as you look through these items you will notice one thing in common or one thing that continues to come out and that is that the facilities are basically in good condition. The operation of the facilities, the efficiency of the facilities is being upgraded. And this comes about through better technology that was developed since the plant was originally developed in 1979. Bettering the efficiency is going to increase the flow through the facility, the piping between the different facility components is adequate. It is just the handling of the waste water in each one of these facilities that needs to be made more efFcient. The third page, attachment B compensation, the services for final design are being proposed on a lump sum basis, $52,158, that will provide the design, the plans, the bid documents, which include the specifications for all five of those work items that I have previously outlined. On the last page at the very bottom is a break down of the projected engineering cost. The first item re-design has already been authorized by you and has been completed by the consultant. Items B through E are those items that need to be completed. Item B is the lump sum $52,158 proposal, the other items, C, D and E are being estimated on a time and material basis with certain hourly rates attached to this attachment B. Those are their estimated costs. The overall cost of the final design including construction bidding assistance, construction assistance and operations and maintenance which is the work • Meridian City Council November S, 1995 Page 42 required after the facility is completed is about $81,457. It is a sizable contract, engineering contract. There is an estimated construction value of around $710,000 is I believe what vie estimated for it. So, we are at about 12% on the engineering cost which would include the construction administration which is a reasonable number based on what I have seen in the past. Keller and Associates has done a very good job for us in the design and contract administration for the ultra violet facility which replaced our chlorination. And also in the tertiary filter facility which should be done in about two weeks providing we can get the contractor motivated to get his work done before the snowballs start flying. I met with Councilman Morrow, Superintendent Shawcroft and we have discussed this in quite a bit of detail and we are recommending to you that we authorize, that you authorize Keller and Associates to proceed with this. One of the things that, just a side line, one of the things that we have done because we have been under the gun on flow at the plant and we have been at the maximum of our design and permit limitations for flow through the plant vie have been in contact with EPA by telephone conference and met in person with the local EPA representative in Boise. Talked to them, let them know what we are doing, and a time line of when we are going to do this to increase the capacities at our plant to take care of the growth. Not only from the standpoint of our existing permit but also from the standpoint of a permit that we are going to have to apply for this coming August I believe as our permit expires I think in Spring of 1997. So, we are working towards upgrading the plant not only for our growth but for our permit that is expiring to stay within those limitations. With this engineering taking place during the winter we want to be ready to commence with bidding and getting the construction started in the Spring of 1996 so that by the end of 1996 we have a capacity at the plant of 5.0 MGD that is an average monthly flow capacity. That is our goal out there. Do you have any questions that I can answer as far as the proposal. Corrie: Mr. Mayor, what is the average noviR (End of Tape) Smith: I think ~ are about 2.95 MGD. Whenever we exceed a limitation on our discharge permit requirements we contact EPA and the State of Idaho, DEQ by letter and let them know what has happened and let them know what we are doing. As long as we do that we haven't had any problems, it hasn't been, they had a word for it and I don't recall what it is but we haven't been out of line as far as violation is concerned. So, we try to keep, we don't try, we do keep everything above board so they know what is going on. Morrow. I think to take that a step farther because of the fact that we are on very soft ground here Gary and John effectively have crafted a working partnership with DEQ and EPA to and including local ofFcials but the Seattle officials that are responsible for our area. They have done a heck of a fine job, very candidly where we are at not in a violation Meridian City Council November 8, 1995 Page 43 state simply because of all of this planning that we have done and they have seen this through to make sure that we have stayed on schedule that we have set for ourselves. Particularly in view of the fact that we found the violations in the flow meters a year ahead of time. So very candidly thanks to the working relation that those two have developed and with this planning and budgeting that we did in August t think we are going to make it with no major repercussions. Having said that, thanks to these guys that we are getting it done. Yerrington: How much irrigation water are you getting (inaudible)? Smith: It is, I think we are running about 1 million gallons a day infiltration. Morrow. The latter part of the summer. Smith: The latter part of the summer and say September. One of the other issues I want to talk to you about tonight is it is outside the bounds of this one but it does have to do with that infiltration, identifying that. Kingsford: Entertain a motion then on the Keller and Associates contract. Morrow. Mr. Mayor, I would move that we enter into a contract with Keller and Associates for the faced amount of $52,157.50, the items that were suggested as allowances I would like to (inaudible) the $4300, the $18,000 and the $3000 as not to exceed items in the event that they exceed then we would be involved in direct negotiation and report back to the Council would be my concept there. So my motion would be we enter into the contract with Keller and Associates for the fixed amount of $52,157.50 and the not to exceed portion of the contract would be $4,300 for bidding assistance, $18,000 for construction assistance, and $3,000 for operation and maintenance. Cowie: Question, you said $3000 and it says $7000 here? Morrow I am sorry, you are absolutely correct Mr. Cowie it should be $7000. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the fixed amount of $52,157.50 to Keller and Associates for design and a top end limit if hit to be re-negotiated on the building assistance of $4300, construction assistance of $18,000 and operation maintenance of $7000, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council November 8, 1995 Page 44 Kingsford: Does that authorize the mayor to sign? Morrow. My motion would include the Mayor to sign and the City Clerk to attest. Yerrington: Second Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the other item, item #4 on here I would request that we delete for thus Council meeting, I need to do some more investigation on that. I have some other questions I wasn't able to get answered. The last item that I would like to ask you about, we recently completed a contract with a firm in Boise, I believe their name is MSCI Inc., their work consisted of cleaning and televising 20,000 feet, it was more than that, no it was 20,000 some feet of sewer line. That contract has been completed, think the contract amount was somewhere around $14,000 or $15,000. We recognize Councilman Mon-ow, myself and Superintendent Shawcroft recognized the need to pursue the infiltration water that we have because it is eating capacity in our Waste Water Plant. Realistically you can only pursue this stuff to a certain extent. I think everyone had found that in the past it has pursued infiltration that if you plug a hole at one point in the pipe you force it down stream and it pops out of another hole. There is a certain point that you reach where it becomes economically unfeasible to do anything with it other than treat it at the plant. However we want to do the best job that we can because EPA has asked us to and in inventory of our lines, taking a look at them to see what we have got not only from the infiltration standpoint but also from the condition of the pipe. We have a lot of concrete pipe in the ground and as you know concrete pipe is subject to hydrogen sulfide which is a byproduct of our sewage and it eats the concrete up. So we want to look at this concrete pipe and I need your input and that of Attorney Crookston on how we can or if we can contract with MSCI of Boise who has completed the bid contract that we just did to do some more inspection of sewer lines which would be cleaning and televising. We would like to do is expend approximately $20,000 in that regard with those people. I know that they have agreed verbally to proceed at the same rate that they bid on this first project which was hall of what the other bidders had bid in terms of a unit price, cost per foot, an excellent price. We are able by State code to contract up to $25,000 without bid, without competitive bidding. However, we need to get, we are supposed to get quotations from three pebple if possible. I don't know if we can utilize the bid that we received from the bids that we received from MSCI, I think there were two other bidders that submitted to us on that project as our quotations and just carry one a contract with those people or not. 1 think in the long run it would save us funds, it would be the most economical use of our money because we don't have the expense of going through the bid. I don't know whether Meridian City Council November 8, 1995 Page 45 MSCI would bid the same unit price that they bid on the last project if they had to bid again. So I guess I am asking for some input from you and Wayne to see if legally we can do something like this. I certainly don't want to proceed and then have somebody come back and jump in the middle of us. Crookston: As I understand it is a totally new project in that they are going to be inspecting different or new additional lines. Smith: It would be additional lines, same kind of work, exactly the same kind of work in a different location within the City. Crookston: The initial contract was to do a specific let's say from A to B line and what you are asking to do now is the C to D line. Smith: We had 20,000 some linear feet of sewer pipe to inspect and it was located in certain areas, it was designated where that pipe was correct. The pipe that we would be doing now would be in a different area. Crookston: It is probably a different job. Morrow: The question that we had is that these numbers in this con#ract was awarded in August. Unfortunately for us we have gone ahead and closed out the contract and you can't do an extension of the contract because it is completed, we didn't even have any retainage left, we had forwarded all of that. So the question in my mind in terms of bringing it before the Council was to get a feel for whether we should redo or go through the bid process we do have a commitment from the current user or the current contractor that they will honor the price that they had for the remainder of this information or for the remainder of this money that we want to spend. We had budgeted the money, it is budgeted for this year so woe are covered there. The question is, is it a totally new job, this is our first experience with the new $25,000 bid base and so I think what we are looking for is a consensus of the Mayor and Council and Attorney as to what direction to proceed for sure. Crookston: As long as it is under $25,000 I think you get your bid proposals and see what happens. I also think it is an entirely different project. Morrow. You mean our estimates it is not a bid proposal. Crookston: Right Kingsford: (Inaudible) Meridian City Council November 8, 1995 Page 46 Morrow: So then the sense of direction is that Ingsford: If you budgeted for it and it is under $25,000 I think it is a good deal you better go ahead with it. Morrow. Go with it then Crookston: What are you saying go with? Morrow. Go with getting the contract and getting the estimates, although the estimates that ~ have the bids that we have are about 60 days old. You are indicating that they wont' qualify for an estimate? Crookston: I don't believe that they would I would have to look at the new contract law to make sure. Smith: I think I can guarantee the Council that the estimates are not going to be anywhere near what this contractor is willing to do the work for. We have already seen that at a bid 60 days ago. This contractors price was half. Morrow: And the quality of work, we reviewed the tapes and very candidly it is excellent work. This issue of where you are seeing some of these stops and holes in the ground and guys throwing pipe are thanks to this program we have found pieces of pipe that have totally deteriorated and broken and it is simply dirt that the lines are running through. That is a direct result of the program. Ingsford: Well, I think you can take a look, they said that those two quotes were good for too, if they are good for 60 days then they are still a valid quote. Morrow: That is a good point. Smith: I can certainly do that. Morrow. Gary, what you may do is you can call those two bidders and ask them hqw long those quotes are good for and have them ship you something in writing. Smith: Alright, thank you very much Council and Mayor 1 appreciate it. Kingsford: Shari? Stiles: Mr. Mayor and Council I have received the letter and map that you should have in r: Meridian City Council November 8, 1995 Page 47 • your packets about the designation of Corporate Drive as a collector in lieu of the Waltman Lane that is presently shown in our Comprehensive Plan on the Capital Improvement Plan. Although this letter from Lany Sale is dated October 6, then asked for a response by October 19 it wasn't mailed to the City until October 25, so that is why it is so late in getting here. I think the intent of when the Landing was platted was to have another collector, there is no platted stub street that would end up going to Waltman Lane. This would not be the final configuration, they are still working on the details with Jim Ballantyne's property to the north. I just wanted to get your response and see if you wanted to get the Comp Plan changed to include that to let the Highway District know of your wishes on that matter. Morrow. Well the change of the Highway District has already been implemented, what you are asking for is when we do a change to the Comp Plan this is one of the items that get changed. Stiles: Yes, and they do also want the City Council's blessing on this change. Morrow. Well I don't have any problems with it either way. This change wasn't made just by ACRD this change did go through the Citizens Advisory Committee for Ada County Highway District at its October meeting. Kingsford: That really conforms very closely with what this Council approved with regard to the engineering study that we took that option two years ago, a year and a half ago whenever it was, do we need a motion to that effect for minutes? Stiles: I guess just an approval. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to forward to the Highway District our approval of making Corporate Drive a collector in lieu of Waltman Lane, all those in favor? Opposed? MOTION CARRIED: All Yea Stiles: My next item was to update you on D & B Supply. We have had some meetings with the attorney's, I received another fax late today that they had Susan Bell from the extension office come out and look to see what the problem was with the plantings. Apparently they are being over watered. They are working on that, they are afraid they • Meridian City Council November 8, 1995 Page 48 may not be able to plant them yet this fall and have them live so they may need to wait until the spring to actually plant the (inaudible). They have done quite a bit of work they have put some slats in some of the areas, they have moved all the materials that were on the west side of the building and but them back in their fenced in area. We are still waiting on ACRD to make a decision about the tiling of the ditch whether they wilt allow that in the right of way or not. I just wanted to update you and let you know that was something was happening on that. One more item that I have is I have development agreements for Los Alamitos No. 2 and Salmon Rapids No. 2, the preliminary plats have been approved, I don't know if Wayne has had a chance to review these. They are nearly identical to the ones that were approved for the ones that were approved for No. 1. I would ask that you authorize the Mayor and City Clerk to sign those upon Wayne Crookston's review and approval, if that is your wish. Cowie: So moved Morrow. Second Kingsford: Moved by Bob, second by Walt to authorize the Mayor to sign and the City Clerk to attest the development agreements for Los Alamitos and Salmon Rapids No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Shari? Chief? Gordon: Nothing your honor. Kingsford: Wayne? Crookston: Nothing Stiles: I am sorry, can I butt in one more time? We have offered the position of Code Enforcement Officer to Jim Rabbitt and he will be coming on line November 20. That is it, thank you. Kingsford: Have you noted all of the people that you interviewed and so forth? Stiles: I have ore person still that I have not been able to contact. I have only been able to get him on answering machine and I would rather talk to him personally rather than trying to leave a message. Meridian City Council November 8, 1995 Page 49 Kingsford: Counselor? Crookston: Nothing Kingsford: Walter? Morrow: Yes, I have here the results of our first composting experiment, I will pass it around for you guys to take a peek at. The issue is there that we are, now, that is the compost that we developed, it is now going into the testing agency to be tested for metals, for composition. What else Gary are we testing for? Smith: (Inaudible) safe to be handled. Morrow: This issue is that we should have those tests back, those test results back by December 1. From that point on then we will make the decision as to how well the process is working. That is just an update to let you know that we are experiencing some successes with the experiment. Kingsford: Anything else? Morrow. No not tonight? Kings#ord: Max? Yerrington: Nothing Kingsford: Robert? Corrie: No#hing sir. Kingsford: I have three things, I received a request from Idaho Power that we enter into an agreement with them for collection of power bills. Janice has reviewed that, she and I have talked about it a bit. It is something that we can dissolve, we vrill get a monthly fee of $50 plus postage. This agreement would be reviewed every 3 months for the first year. It can self destruct basically upon notice from either party. Do you have any problem with this collecting money for Idaho Power, they are moving their offices out of Meridian and over to Five Mile and Franklin. So a person could come in here and pay their power bill and we would handle that for them. Morrow: Isn't that consistent with our one stop shop philosophy. Meridian City Council November 8, 1995 Page 50 Kingsford: I think so. Crookston: How much is the contract? • Ingsford: Well, it is $50.00 a month plus postage. We don't handle their cash, they just come in and if they drop it off put it in our drop box and so forth then we forward it to them. Cowie: So we don't do any change of money? Kingsford: That is my understanding, everything should be in an envelope and we put it in an envelope and send it on. If it is a hassle for our troops that is something we can do away with. The cancellation of this agreement is given may be given written notice from either party within 48 hours of that notice and we cancel it. Crookston: Is there any agreement that the City is held harmless from any liability that goes through? Kingsford: No Crookston: I think there should be. Kingsford: We don't open envelopes. Crookston: No but you are going to have possession of those envelopes for a period of time. Kingsford: Is it the Council's desire to put that in, the hold harmless? Morrow: Are our people bonded? Kingsford: Janice is bonded, I don't know that all our people are. Morrow. It seems to me either we need a hold harmless agreement or vue have bonded folk handling that. Kingsford: Okay, we have then another item that we need to change an appointment on the Historical Commission. Kent Roberts has resigned, has left the area and requested that Tom Hammond be appointed to that. I would like to make that appointment with your approval and to re-appoint Wayne Forrey to another term. Morrow. So moved • Meridian City Council November 8, 1995 Page 51 Corrie: Second • Kingsford: Moved by Walt, second by Bob to approve the appointment of Tom Hammond and to re-appoint Wayne Foney to the Historical Commission, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, while we are on the Historical Commission, Wayne did you research? Crookston: We have not adopted the Historical Preservation building code. Morrow. The UCBC? Crookston: Right. Kingsford: I think we need to look at adopting the UCBC. Morrow. Well, I will pursue it with Daunt again and make sure their opinion is still the same that it was in February. Kingsford: The other item is the golf course, what do you guys want to do with that. We have had some volunteer construction out there. We need to have some better supervision that is not anything (inaudible). I would like to recommend that we make a committee that is involved in the golf course construction. Yen•ington: How large of a committee? Kingsford: I don't think you want it too big or it is unmanageable. Morrow: Do you have some proposed members? Kingsford: I would like to propose that we have Walt Morrow, Patsy Fedrizzi, John Ewing, Bert Meyers, another one or two of you guys if you want to. Walt should chair that being a councilman. Morrow. Probably then we should have five total, a chairman and four members. Kingsford: Anyone have another suggestion. Yerrington: How about the manager of the golf course? He is around there more than • • Meridian City Council November 8, 1995 Page 52 anyone else? Corrie: Who is the manager? Kingsford: Wally. Morrow: This is a construction committee right? Kingsford: This is something Patsy has been asking me for since she started raising funds. I think it is a good idea. Morrow. Well, candidly I think it makes a certain amount of sense if you are going to build a golf course to have the local expert have some input as to what is going on to keep you from making stupid mistakes not that we won't anyway but at least we will eliminate some of them. Kingsford: Okay, include Wally? Anyone else? Yerrington: (Inaudible) Kingsford: You guys go out there and take a look at it, we have had some snafoos. One that we have had weeds that are about 8 feet tall out there and those are cut down now. We need to do something with regard to moving them into stacks and burning them or something. The three holes are basically roughed in that basically go around the lake. A green is basically roughed in which will end up being either nine or eighteen. That fairway has some berming done on it now. Part of a pond is being built, we have two people out there that donated the equivalent of $10,000 worth of their time for one of those corporate passes that being Charlie Wood and Lany Gillingham. That work has been proceeding, Charlie has now put in his amount if the Council approves his rate I think it would be a good idea to keep him going on with his scraper and so on. He is showing some pretty great expertise in terms of roughing those fairways and building greens. Cowie: How much do we have in it already? Kingsford: We are not yet into what we have budgeted from the loan but we will be fast approaching that certainly that is one of the things that Committee needs to do is to keep a close eye on that. We have commitment from Terry Cook at Cloverdale Nursery to do another $10,000 thing in terms of materials to construct a green. I haven't got that confirmation yet because he would like to be able to do the work on the other eight greens as well and wants to make sure that his bid would be competitive that he doesn't put in a Cadillac when other people might be bidding something less than. Also there is an Meridian City Council November 8, 1995 Page 53 individual that John Ewing indicated to me today is interested in doing some of the trench work for our sprinkling. So there might be another $10,000 corporate person there as well. Well that is where we are to, depending on how weather holds as to what transpires yet this year. Corrie: (Inaudible) reports back to the Council? Kingsford: Absolutely. Yerrington: How about after your tenure of Mayor that your name goes on the list? Kingsford: If that is what you want to do with me I would be glad to try and follow that thing through. Morrow. I think that goes without saying. Kingsford: Well, if you guys agree I would make that as an appointment with your confirmation. Yerrington: With the last name on there too. Kingsford: Let's don't do that until my term is up. Part of my problem is I just don't have time I can't follow up on this stuff. Once I am not coming in here and taking care of that I will have some time and will be glad to do that if that is your desire. Crookston: What were the five people again? Kingsford: The five people that I have written down are Walt Morrow, Patsy Fedrizzi, John Ewing, Bert Meyers, Wally Lovan. I have talked with all of those except Wally. So what I am asking for is your confirmation. Yerrington: I make the motion we approve that list. Morrow. Second Kingsford: Moved by Max, second by Walt to approve of my appointment to the Golf Course Construction Committee of Walt Morrow, Patsy Fedriai, John Ewing, Bert Meyers, Wally Lovan, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council November 8, 1995 Page 54 Morrow. I forgot one item. The agenda for this month's strategic planning session is the school system. I have talked with both Jim Carbury and Bob Haily about a joint meeting for them participating in this month's strategic planning session. Kingsford: What is the date on that? Is that November 28. Morrow. Then also the other issue would be update of impact fee ordinances from what Wayne has got prepared for us at our last meeting which was held in September, we had no meeting in October. Then the last issue would be, we have adopted the personnel manual and got that done but we need to be thinking about the appendix to that would be job descriptions and corresponding salary levels in those job descriptions. So we need to be thinking about that and bringing that on line as a part of that personnel manual. Kingsford: Mr. Berg do you have anything? Berg: Nothing Kingsford: Entertain a motion to adjourn. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:17 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT P. KINGSF OR ATTEST: s ILLIAM G. BERG, Jet CI CLERK • • MERIDIAN CITY COUNCIL AGENDA WEDNESDAY, NOVEMBER 8, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD OCTOBER 17, 1995: 1. SWEAR IN TWO NEW POLICE OFFICERS: WAYNE FUCHS AND ROBERT 2. PROCLAMATION: CHRISTIAN HERITAGE WEEK: `~~ ~ sib d ~' 3. TABLED OCTOBER 17, 1995: VARIANCE REQUEST FOR ASHFORD GREENS SUBDMSION BY BRIGHTON CORPORATION: ~~ u,~.f~ 4. TABLED OCTOBER 17, 1995: ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDMSION BY~GEM PARK II PARTNERSHIP: 5. TABLED OCTOBER 17, 1995: RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVE,~OPMENT FEES FOR CROSSROADS SUBDMSION: -~tc.~e ~i..-~i Z A~~c%~~C .s~' ~n ~~'~a~' .~ ~s,~ 6. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS N0.3 SUBDMSION: ~p,~rov~e ~1~~~/~ 7. TABLED OCTOBER 17, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDMSION N0.3 ANNEXATION: ao~~v~ 8. TABLED OCTOBER 17, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDMSION N0.3 BY FARWEST DEVELOPERS: a/~~~'0~.-2 h.,,a_e fi k~ vc~~~.,t`~e~ f ~ tS 9. TABLED OCTOBER/17, 1995: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK: 10. TABLED OCTOBER 17, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: ~e~~~~ ~' de ~.h-P~d ce~i 2 /i1ov. Zt 1{T hif~., 11. TABLED OCTOBER 17, 1995: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON: a~~ar~v.~ ,G~~ ~ c~/C ~~',p~®v~ ~o~~li~~~ ufe_ 12. TABLED OCTOBER 17, 1995: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: ~~~u ~f~ ~ ~~ ~ ~'ea ~f' l ~®~ Zl f~ 13. TABLED OCTOBER 17, 1995: MARTY GOLDSMITH: REQUEST TO PHASE CONSTRUCTION IN LOS ALAMITOS N0.2 SUBDIVISION: ~c~~/ro!/~ ~2o~r -dCVrl®~~ ~~~e~~e~-W.'~~ c~a~i~-iv~r 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 73.5 ACRES TO C-G BY LANGLY 8< ASSOC.: ~®®ra~ ~/f'~~/L o~,~rr~~~ ~rr~i~ ~•~~e~~fi~ey ~o,~zepa,e ~fdih~~ce~ 15. CONDITIONAL USE PERMIT FOR A RETAIL PROJECT OF APPROXIMATELY 700,000 SQUARE FEET BY LANGLY ~ ASSOC.; TABLED OCTOBER 17, 1995: ~ c~-~7 ,t~~v ~ -r~ /n ~-, 16. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACR S TO L-0 AND C-G BY JIM BALLANTYNE: ~.61.~ ? e. 5~ ~~, 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY RUSSELL HUNNEMILLER: ~/~~~~~' ~/~~ ~'~~ ~y~v~~e ~e,~3~?~ 18. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ALBERT 8< SUSAN BERNER AND MARIE NANNI: ~~~~~e ~~~ ~~~L 19. AMENDED ORDINANCE #715 -TREASURE VALLEY BAPTIST CHURCH: 20. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS N0.3 SUBDMSION: -f~ 0~2 ~®v. ~~`~~' f~~• 21. ORDINANCE #718 -SALMON RAPIDS SUBDMSION N0.3 ANNEXATION: die d~~°Z /~ov_ ~! ~ /~~ fit: PUBLIC HEARING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT ~~ TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDMSION BY BRIGHTON CORPORATION: ,2~2` CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT 23 BY ALIBERT ~~USAN BERNER AND MARIE NANNI: ~,o~ro~% ~~~ ~ C~~ cP~r~~se GZ°CC/~i~n/~i2c{~/~i~rea~G~~ ~: CONDITIONAL USE PERMIT REQUEST TO OPERATE A BEFORE AND 2~ AFTER SCHOOL CENTER BY JOE ~ LESLIE PALMER: ~~®Yo~e ~~~ ~c~G ~J,JI~o%~ Gl.~e~~i~..~C~`~io~e-ate c~`°.e~ CONDITIONAL USE PERMIT REQUEST FOR A DRIVE THRU WINDOW FOR ~~ A TRAVEL CENTER BY JACKSONS FOOD STORES: ~~ ~~Dm/~' ~~~~e~~ Gt,D~f otr~ ~~CiJ'~'e~.-~L'®yc~j~/~-rca~ • • ~S° CONDITIONAL USE PERMIT REQUEST FORA RESTAURANT WITH A Z6. DRIVE UP WI,~DOW BY WESTERN DELI SHQPS INC.: ~zp~l~ve ~l~ ~ ~lG ~~rf-~c~' ~ee~<~i ~/ ~an~°i~t~aE'~~ ~ WESTERN HEALTH CARE CORPORATION: UPDATE ON NURSING AND ~7, RESIDENTIAL CARE FACILITY: ~'~i^i~2 iron,- ~l~- ~~~z~ ~Y. CANVASSING THE VOTES FOR THE CITY ELECTION HELD NOVEMBER 7, ~Y, 1995: ~~'i~~ we. tug v~ffr ~-e ~~~ DEVELOPMENT GREEMENT: CHAMBERLAIN ESTATES SUBDIVISION: ~9' WATER/SEWER/TRASH DELINQUENCIES: sn, rc~,~,ro ~~ ~: APPROVE BILLS: j~prev~ DEPARTMENT REPORTS: 3~w A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS FOR WATER AND SEWER VEHICLES: 2. PURCHASE COMPUTER SOFTWARE -WASTEWATER PLANT COLLECTION LINE MAINTENANCE: 3. ENGINEERING AGREEMENT: KELLER & ASSOCIATES - WASTEWATER PLANT MODIFICATIONS: 4. ENGINEERING AGREEMENT: AHRENS & MASON -DAFT BUILDING ADDITION: B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. WALTMAN/CORPORATE DRIVE COLLECTOR STATUS: 2. D & B SUPPLY UPDATE: CITY OF MERIDIAI~ PUBLIC MEETING SIGN-UP SHEET N ME PHONE NUMBER ~ ~ "~g, \ 1,,,/~.. T I ., ~-- V~ . ~ ~~~~~~~ C~-~- ~~~~ ~ `CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET "TAME PHONE NUMBER c ~ -~ ~~~ s ~~? -~~f3 G~ ~~~r~t/ ~~~ s~~{ • • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Grant P. Kingsford Mayor PROCLAMATION WHEREAS, the Christian heritage of ow nation is recognized in many public documents written by ow forefathers-such as the Mayflower Compact and the Declaration of Independence--and also in the writings and utterances of many prominent Americans; and WHEREAS, the history of Christian faith and traditions of ow people is reflected in practices in our public institutions and by our government officials; and WHEREAS, our community churches serve a vital function in binding citizens together through providing crucial education and charitable services; and WHEREAS, Idaho has been richly blessed in natural beauty, reflecting God's miracle of creation; and WHEREAS, the importance of ow Christian heritage to the traditions and values of Idaho is immeaswable; and WHEREAS, the Preamble to the Constitution of the State of Idaho declares that "We, the people of the State of Idaho, grateful to Almighty God for ow freedom, to secure its blessings and promote our common welfare do establish this Constitution"; and WHEREAS, it is fitting to set aside the week of Thanksgiving as and appropriate time to celebrate ow Christian heritage; NOW, THEREFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, do hereby proclaim November 19 through 25, 1995, to be CHRISTIAN HERITAGE WEEK in Meridian, and I encourage ow citizens to acknowledge and appreciate the religious heritage of ow great state and nation and to observe this week with appropriate ceremonies, activities, and programs: Grant P. ' gsfo Mayor BOISE/MERIDIAN CHRISTIAN COMMITTEE OF CORRESPONDENCE P.O. Bos 532 Boise, Idaho 83701 (208) 888-2315 (208) 389-1473 David Barrett State Representative Grant Kingsford, Mayor Mayor's Office, City Hall 33 E. Idaho Ave. Meridian, ID 83642 Dear Mayor Kingsford: Steven Rast Chairman September 14, 1995 A.D. Enclosed with this letter you will find a photocopy of a recent proclamation signed by our Governor. Gov. Batt has declared the week of November 19-25 as Christian Heritage Week for Idaho. This letter is to encourage you to join with our Governor by issuing a Mayoral Proclamation for Meridian. This year is the fourth year in a row that the Governor's Office has issued this proclamation for Idaho. We believe that it would be very appropriate for the Mayors of Idaho' Cities to join with our Governor in issuing a similar statement. 1995 is unique in our history as it is the 375th anniversary of the landing of the Pilgrims at Plymouth Rock in Massachusetts Bay. Additionally, Idaho also has a rich heritage in the Christian faith and traditions. I will give your office a call in a. few days as a follow-up to this letter. I would be more than happy to discuss the significance of this proclamation and assist in drafting a similar document for Meridian. If you desire to call me, you may do so at 888-2315. Please read over the proclamation and consider joining Governor Batt in encouraging the citizens of Meridian in recognizing and celebrating our Christian Heritage. Sincerely, David L. Barrett • • bt~'~7' SE-i~ M .~ a~; °,~7 -1rt, 04 F~ecutive hepartment ~~ D~iCe Of t11~ joverlwr Srut~~ c'upit~~! Stute of /dn(w ~rocCamation ~ ~'"" WHEREAS, the Christian heritage of our nation is recognized in many public documents written by our forefathers--such as the Mayflower Compact and the Declaration of Independence --and also in the writings and utterances of many prominent Americans; and WHEREAS, the history of Christian faith and traditions of our people is reflected in practices in our public institutions and by our government o,~cials; and WHEREAS, our conununity cliurches serve a vital function in binding citizens together through providing crucial education and charitable services; and WHEREAS, Idaho has been richly blessed in natural beauty, re}lecting God's miracle of creation; and WHEREAS, the importance of our Christian heritage to the traditions and values of Idaho is immeasurable; and WHEREAS, the Preamble to the Constitution of the State of Idaho declares that "We, the people of the State of Idaho, grateful to Almigluy God for our freedom, to secure its blessings and promote our common welfare do establis{a this Constitution. '; and WHEREAS, it is fitting to set aside the week of Thanksgiving as an appropriate time to celebrcue our Christian heritage,- NOW, THEREFORE, I, PHILIP E. GATT, Governor of the State of Idaho, do hereby proclaim November 19 through 2S, 1995, to be CHRISTIAN HERITAGE WEE% in Idaho, and I encourage our citizens to acknowledge and appreciate the religious heritage of our great state and nation and to observe this week with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be a,~xed the Great Seal of the State of Idaho at the Capitol in Boise on the fifteenth day of June in the year of our Lord nineteen hundred ninety;f~ve and of the Indepen- dence of the United States of America the two hundred nineteenth and of the Statehood of Idaho the one hundred fifth. PHILIP ~. BATT ~~ /rr1 GOVERNOR PETE T. CENARRUSA SECRETARY OF STATE MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; 2 REQUEST; PROCLAMATION: CHRISTLAN HERITAGE WEEK GA ENCY 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: COMMENTS ~~ ~°~ h" BUREAU OF RECLAMATION: OTHER: AID Materials presented at public meetings shall become property of tho City of Meridian. • • ~. DELINQUENCY FOR NOVEMBER TURNOFF SCHEDULED FOR 11/15/95 Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P.M. , 11/08/95, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 11/15/95, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn off list is $21,043.78. ~ • DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 11/15/95 ACCOUNT # NAME & ADDRESS AMT. PAST DUE 1----30 JOHN R BEAUDOIN 63.50 713 MERIDIAN ST 1--180 GARY FARNSWORTH 54.60 715 W. 3RD ST 1---720 DOUGLAS HADLEY 62.00 647 W. BROADWAY AVE 1--1810 GLADYS CLYMENS 45.00 729 W. IDAHO AVE 1-3310 EMII. & E. BRINCKEN 235.80 711 W. PINE AVE 1-3320 RAY PACK 111.30 645 W. PINE 1--4100 HAROLD BRISCOE 30.00 646 W. FRANKLIN RD. 2----70 CYNTHIA THOMAS 44.00 922 W. 2ND ST. 2----80 DALICE PLUMBING 75.20 921 W. 2ND ST. 2---470 J & G CONSTRUCTION 166.10 643 W. APPLEGATE ST 2---660 AUSTIN L. YOUNG 49.00 908 W. 10TH ST. 2--1280 EARL PACK 1618 W. 1ST ST 2--1610 DENICE DESII.ET 1502 W. 2ND 2--1960 DONALD M. DICKSON 233 W. MAPLE AVE. 2--1970 KERRY L. CARSON 225 W. MAPLE 2--2490 MANUAL BARROSO 330 CHERRY AVE 2--3180 WALTER RYAN 1131 W. 7TH ST 2--3440 ROBERT & K. PEENING 525 W. WASHINGTON AVE 2--3570 D. J. STANLEY 1122 W. 4TH ST 2--4480 MICHAEL S. MYERS 1224 NORTHGATE CT 2--4750 COLLEEN FUNK 1414 W. 14TH ST. 2--4770 CHRISTI COX 1430 W.14TH ST 2--4800 JUDY L. TODD 1400 NORTHGATE AVE. 2--5010 GEORGE EARLEY 1536 N. CINDER RD. 2--5130 RUSSELL SMITH 1433 W. 14TH ST. 2--5650 KENNETH WEATHERS 1527 W. WASHINGTON ST • 128.60 68.80 117.20 224.50 112.80 114.60 104.60 363.40 116.12 120.40 135.60 96.80 63.60 94.80 75.80 2--5730 DOUGLAS GREINER 97.Q0 1339 W. CARLTON AVE 2--5960 E.GAINES & R SCHULER 80.80 1104 WASHINGTON PL 2--6030 TOM KRASOWSKI .108.20 1017 W. 12TH AVE 2--6100 MARIE R JACOBS 77.60 1114 W. 12TH AVE 2--6380 STEVE G. NONAMAKER 59.60 908 W. WASHINGTON DR 3----10 NIII{E ENGLISH 144.70 770 N. ABERNATHY WY 3---318 KIMERY DECKER 98.60 694 N. ABERNATHY WY 4--1406 CHRIS & R POTTER 148.20 1519 N. HAVEN COVE AVE 4--1626 SHANE & M. MAXEY 80.20 2812 W. WILLARD ST 4--1698 TONY & T. MCDONALD 78.20 2629 W. LEROY CT 4--2308 CHARLES & T. BUTTERFIELD 253.00 1475 N. SANTA ROSA PL 4--2324 SUSAN & M. LEE 108.20 1532 N. VINEYARDS AVE 5---158 BRYAN MCCARTY 82.80 3964 W. ASPEN CREEK CT 20-1508 J. ERIC ZELLER 126.50 1885 N. OAK HILLS DR • 20-1874 PAM WALKER 77.00 2024 INTERLACHEN WY 20-2026 TERESA C. MILLER 110.80 3737 SUGAR CREEK DR 21---80 DARIN LOWS 106.00 2402 N. LEANN WAY 21--208 TERRY SII.SBY. 60.20 2674 N. OLD STONE WY 21--996 DAVID & K. GOURLEY 133.60 2723 W. PEBBLESTONE CT 21-1054 BERNARD & K. BRAUNSTEIN 139.40 2961 N. FIELDSTONE WY 21-1174 DAVID TWADDLE 110.40 2492 W. CHATEAU DR 21-1480 BETTS LESTER 115.00 2663 W. CHATEAU DR 21-1758 ROBERT B. KOCK 109.80 1840 TODD WAY 21-1760 LIlVDY L. GRAPATIN 185.00 1890 MARIANNA PL 21-1820 MARK DAVIS 94.40 2001 TODD WAY 21-1870 DOUGLAS & C. SCHOPPELREY 101.60 2644 REBECCA WAY 21-1920 KOI~INEL & K. PETERSON 128.20 2512 REBECCA WAY 21-1942 JAMES H. POOL 138.80 2609 REBECCA WAY • • 21-2068 JEFFRY & P. PUGMIRE 86.80 3015 W. ANN ST. 21-2254 DAWN ANDERSON 64.90 1957 N. SWAINSON AVE 21-2918 DAVID & K. REYES 171.20 2953 W. ELK STREAM ST 21-2920 KEVIN & B. CROFTS 188.20 2931 W. ELK STREAM ST 22--222 J & G CONSTRUCTION 44.00 1698 N. KASTLE FALLS AVE 22--320 DOLPH & E. HTfESMAN 97.80 1810 W. CHATEAU DR 22--810 JOHN L. BRUI~IELLO 113.40 2257 N. ASTAIRE WAY 22--860 SUSAN E. TEATER 136.00 2234 N. KUBIK PL. 22-868 RONALD POLLARD 239.20 2307 N. KUBIK PL 22--914 JEAN RUCKER 117.70 2261 MONACO WY 22-1032 REN THOMPSON 117.20 2039 N. NYBORG WY 22-1174 MELODY MIZE 154.80 2279 W. RAINFALL ST 22-1216 ROBERT WHEII,ER 94.80 2208 W. HENDRICKS ST 22-1346 REYNALDO DEL ROSARIO 63.20 1902 W. MCGLINCHEY ST • 22-1356 MARVIN L. KERBS 1983 HENDRICKS CT 22-1408 PAULETTE TAYLOR 1880 W. MCGLINCHEY ST 22-1422 BLAINE HUNTER 1689 W. MCGLINCHEY ST 22-1504 RANDY L. SIlVIPS.ON 1764 SANDALWOOD DR 22-1574 ROBERT D. TALBURT 1895 W. CHATEAU DR 22-1602 ALLYN HII,TON 1687 BEARDON CT 22-1614 DONALD H. FISHER 1750 BEARDON CT 31--248 RUSSELL S. HEUGHINS 1528 W. CHERRY LN. 31--866 VICKEE K. CARSON-POOLE 1328 W. CHATEAU AVE 31--874 EDWARD E. SPELLMAN 1424 W. CHATEAU AVE 31--880 DENNIS NICK 1512 W.CHATEAU AVE 31-1008 CAL PERMAN 1481 DARRAH DR 31-1686 MARK H. WOLFE 2778 NW 12TH ST 31-2224 KIMBERLY SEUBERT 2724 NW 13TH ST • 103.90 98.80 133.80 104.20 121.60 95.60 93.80 97.80 113.70 148.20 122.00 88.80 173.60 140.40 • 31-2240 BARBARA ELLIS 1320 DARRAH DR 31-2282 JACK FIESELMAN 2802 NW 14TH ST 31-2318 ROBERT EAGLE 1411 LOWRY ST 31-2322 BRADLEY PRICE 1462 CLAIRE ST 31-2992 PAUL E. PARKER ' 2239 NW 15TH ST 31-2996 KELLY KATULA 2217 NW 15TH ST 31-3018 FORREST F. SCHUSTER 2218 NW 14TH ST 31-3232 JEFFREY HURRAY 2311 NW 11TH ST 31-3272 KATHY LAYNE-WHITED 2095 NW 11TH AVE 31-3402 LYNN BASURA 2252 NW 11TH AVE 31-3406 MARY H. ULIN . 1111 FAIRWOOD CT 31-3420 JULIA COUCH 1012 FAIRWOOD CT 31-3422 TIM ALLEN 1034 FAIRWOOD CT 31-3514 GEORGE OSTLUND 1786 NW 11TH AVE • 64.00 131.20 70.35 141.60 106.80 107.40 118.40 109.40 40.60 69.80 108.50 97.40 70.80 81.00 • 31-3516 JASON MCARTHUR 1814 NW 11TH AVE 31-3 528 JACK TEATER 1938 NW 11TH AVE 31-3594 JOHN WARDLE 925 YOST AVE 32--230 LEONARD MCFADDEN 104 W. CHERRY LN. 32--446 WILLIAM A. CAVINESS 2054 NW 8TH ST 32--566 BARBARA J. HICKS 1919 CRESTMONT DR 32--586 LINDA L. PADDOCK 1717 CRESTMONT DR 32--872 ROGER F. BECKER 671 TIFFANY DR 32--880 BILL L. LINDAUER 551 TIFFANY DR 32--884 DEBORAH J. CARLSON 566 TIFFANY DR 33---56 TEL-CAR, INC. 220 E. FAIRVIEW AVE 33--348 KELLY BARTHOLOMEW 1990 N. MERIDIAN RD. 33-4344 MARK CIItELLI 2557 N. LARCHMONT AVE 34--588 CHRISTOPHER ERIC JANSEN 2298 N. AMETHYST AVE • 109.20 107.80 107.00 141.00 106.20 203.60 141.00 135.00 78.60 90.60 193.80 65.20 118.70 72.20 34--800 Ii;ENNETH ZEAR 180.60 998 E. CHATEAU DR 34--812 KARL & L. KAUTZ 108.45 2298 NE 10TH AVE 34--914 DONALD AMY~~ 115.40 1281 E. HUNTER DR 34-1036 RONALD & M. LANDON 129.60 1288 E. HUNTER DR 34-1798 RICHARD L. BACKUS ~ 123.20 2061 JERICHO WAY 34-1844 STEPHEN BUFFATT 174.40 2092 NE 10TH ST 34-1852 KIM WORTHAM 174.40 1005 CLAYBOURNE DR 34-1854 WAYNE MCGURER 170.20 1011 CLAYBOURNE DR 34-1884 ANTHONY GARDUNIA 66.00 2112 N. LARK PL. 34-1948 FORREST MOORS 86.60 821 E. WII.,LOWBROOK DR 34-1952 KELLY GENE HOOVER 113.10 885 E. WII,LOWBROOK DR 34-196b KEVIN SEELY 68.80 1055 E. WII,LOWBROOK DR 34-2044 WII.LIAM G.1~-LER 124.00 1855 TEARS AVE 34-2144 THOMAS A SCHRANK 80.20 1841 JERICHO RD. 42--376 ROBERT & T. WELCH 2449 E. APRICOT DR 42-2004 BILLY JIM MEZA 2230 N. MEADOWROSE PL 42-2248 RICHARD R KENNEDY 2246 E. CHATEAU DR 42-2740 KEVIN BLAIR ~ . 1843 E. MEADOWGRASS CT 4b--200 TERRY & SUSAN READ 3591 E. PRESIDENTIAL DR 49--902 FREDRICK BAGLEY 1901 E. LANARK ST 50---12 PAUL H. SMITH 29 E. STATE AVE 50---88 ARLEN & J. DOWDY 934 E. 5TH ST 50--226 JAMES HOWELL 234 & 236 E. STATE AVE 50--262 SCOTT MURRI 12 E. STATE ST 50-354 DENIMS CARSTENSEN 416 E. CARLTON AVE 50--726 C.F.I. IlWESTMENTS 364 E. WASHINGTON AVE 50--728 C.F.I. INVESTMENTS 372 E. WASHINGTON AVE 50-1330 MOF.[AIVIlVIAD ALIDJANI 200 E. CARLTON AVE • 119.80 106.60 96.60 71.00 44.00 150.00 53.90 69.80 116.80 100.60 100.45 44.00 71.40 239.65 • 50-1676 MARVIN M. TAVARES 38 E. WASHINGTON AVE 50-1686 MARVIN M. TAVARES 38 1/2 E. WASHINGTON AVE 50-2416 KORY HANSEN 1361 N. PENRITH AVE 50-3724 STEVE MEISTRELL 995 N. RALSTIN PL 50-4478 MICHAEL R COLEMAN 532 E. PINE AVE 50-4482 JOHNNY & H. MEYER 526 E. PINE AVE 50-4506 BETTY B. JACOBSON 436 E. PINE AVE 50-4570 TERRY CLEVENGER 226 E. PINE AVE 50-4578 RONALD & J. LARSEN 214 E. PINE AVE 50-4598 RAY ATKINSON 124 E. PINE AVE 51---50 AMYX FAMILY LIlVIITED 37 E. BROADWAY AVE 51--302 SHAGAY GREGORY 420 E. BROADWAY AVE 51--306 MONII{A LITTLE 412 E. BROADWAY AVE 51--486 KATI~RINE KEELS 325 E. IDAHO AVE • 107.20 54.00 64.60 97.60 39.60 65.00 68.00 55.60 67.40 750.00 74.00 62.60 100.00 228.20 51--73 8 KELLY A. GWII,LIAM 302 E. IDAHO AVE 51--866 CHERYL ROHRBACH 319 E. PINE AVE 51-3198 STEVEN RYKER 216 E. 3RD ST 51-3810 EDWARD SLAGEL. 330 E. 3RD ST 51-3820 JEFFREY L. CHANCE 342 E. 3RD ST 51-4200 PHILIP G. LORCHER 432 E. 2ND ST 69---46 DAVID WII,LIAMS 1877 S. GOLDSNIITH AVE 69--216 TANDEM BUII,DERS 2276 S. CHESAPEAKE AVE 69--524 PAT & BEKKI ELORDI 1082 E. PEACOCK ST 69-1076 DAVID & L. RUPERT 923 E. STE. MARTIN DR 69-1590 M. PAUL & J. JONES 1706 SE 3RD WAY 69-1620 MICHAEL L. BACHMAN 1836 SE STH WAY 72--156 DAVID WEII, 2017 S. COVEY PL 74---60 VALERIE ALVES 343 SW 7TH AVE • 81.80 75.40 110.20 97.32 48.60 136.00 96.40 38.00 93.20 88.20 396.50 182.40 129.00 143.60 74--354 MICHAEL & S. SAUNDERS 678 HANOVER CT 74--708 GARY E. FRANK 140 SW 7TH AVE 74-1032 BRADLY C. MICHAELSON 46 ROSE CIRCLE 74-1082 HAROLD & L. MCKEAN 7 ROSE CIRCLE 74-1084 EDWARD & M. NEALE 102 W 1ST ST 74-1260 ROBERT HAYFIELD 305 S. MERIDIAN ST 74-2350 THOMAS HAZZARD 1031 CRESTWOOD DR 74-2520 DAVID TOLAND 1395 W. KIlVIRA ST 74-2524 THOMAS LOVELL 1353 W. KIlVIltA ST 74-263 8 CARMEN BIRD 447 S. OUTFIELD WY 74-2840 CRAIG & T. MACHO 441 S. SPOONBILL AVE 74-2850 JAMES G. CHEESBROUGH 519 S. SPOONBILL AVE 74-3170 REX & D. SIlI~IlVIS 1141 W. GREENHEAD ST 74-3250 ROBERT & F. PENNER 519 S. PELICAN WY • 92.60 68.40 80.12 54.60 115.52 190.70 81.60 123.00 107.60 111.50 80.00 55.20 90.80 117.00 • 74-3296 ROB & C. BIENAPFL 78.00 404 S. CANVASBACK WY TOTAL AMOUNT DUE: $21,043.78 TOTAL NO. OF TURNOFFS: 181 7 ~ ! ~ ORDINANCE NO. 713 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest o.f said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A bract of land situated in the North 1/2 of the c.d rte- So Ehwest 1/4 of Section 20, Township 3 North, Range 1 ~ N Ea fi, Boise Meridian, Ada County, Idaho, described as oa ,' }~ ~ Co~[tencing at a found steel pin monumenting the southwest a _ courier of said Section 20, thence along the westerly line ~ ~ ~ ~-_ '~=' ~ ~"' of~ ~~aid Section 20, said westerly line also being the c~ `~' <~ ~ ~, ~ ce terline of Locust Grove Road, North 00°44'49" East a ~;~~ ~ di`~ance of 2654.68 feet to a found 1" square bar -~ ~~ arcs ~ ~= mo ~ enting the northwest corner of the Southwest 1/4 of ~ s~i~ Section 20, thence continuing along said westerly " line South 00°44'49" West a distance of 247.50 feet to a point, thence leaving said westerly line North 89°57'31" East a distance of 264.15 feet to a set steel pin, thence North 00°42'42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, thence along said northerly line North 89°55'41" East a distance of 1321.93 feet to a set steel pin, said steel pin being the POINT OF BEGINNING. Thence continuing along said northerly line North 89°55'41" East a distance of 1078.51 feet to a found brass cap monumenting the northeast corner of the Southwest 1/4 of said Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4 South 00°23'51" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89°59'46" West a distance of 54.93 feet to a found steel pin. ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 1 Thence South 40°23'15" West a distance of 174.00 feet (formerly South 39 ° 36' West a distance of 174.02 feet ) to a found steel pin, Thence South 34°42'04" West (formerly South 33°56'30" West) a distance of 86.20 feet to a found steel pin, Thence South 31°18'28" West a distance of 10.66 feet (formerly South 34°42'22" West a distance of 12.00 feet) to a found steel pin, Thence South 39°04'17" West a distance 9.45 feet (formerly South 39°11'22" West a distance of 8.41 feet) to a found steel pin, Thence North 89°56'41" West (formerly North 89°57'08" West) a distance of 928.87 feet to a set steel pin, Thence North 00°04'00" West a distance of 167.59 feet to a set steel pin, Thence South 89°12'00" West a distance of 5.15 feet to a set .steel pin, Thence North 00°04'00" West a distance of 124.60 feet to a set steel pin, Thence North 89°37'00" East a distance of 8.52 feet to a set steel pin, Thence North 00°04'00" West a distance of 136.11 feet to a set steel pin, Thence North 89°55'00" East a distance of 46.28 feet to a set steel pin, Thence North 00°04'00" West a distance of 163.53 feet to a set steel pin, Thence North 89°55'00" East a distance of 16.25 feet to a set steel pin, Thence North O1°16'00" East a distance of 131.60 feet to a set steel pin, thence North 89°55'00" East a distance of 15.38 feet to a set steel pin, thence North 00°05'00" West a distance of 163.44 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 2 r ~ r Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the Applicant shall obtain approval from the City for all equipment, method and means to perform well monitoring and shall perform the monitoring bi-weekly during the month of April, May, June, July, August, September and October. e. That the Applicant shall approach adjacent land owners and obtain permission to monitor their wells and that two (2) such adjacent wells shall be monitored on the same bi-weekly schedule. f. That such monitoring shall continue until wells are no longer used for pressurized irrigation and shall also be addressed in the Development Agreement. g. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. h. The requirements and conditions of the Findings of Fact and Conclusions of Law, which includes minimum house sizes of 1,400 square feet and meet the Ordinances of the City of Meridian. i. That no building permits shall be issued for this property until the Applicant for annexation and zoning, Far West Developers, Inc., has provided to the City a second contract, after Joint School District No. 2, to .obtain, by donation, approximately 2.2 acres in the northeast corner of the above described property. ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 3 ~ • ( • Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 8th day of November, 1995. APPROVED: r MAY -- GRANT P. RI G RD ATTEST: -- CITY CLERK ~~ ~~ _ ~.~~ 9~, ,~~'~ ~'~• •~(1 ~T 1'S"~ • QUO.`. ~~~~~~~f~~~i~~~~~~``~ ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 4 STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 713 , by the City C uncil and Mayor of the City of Meridian, on the day of m,~ew-~ , 1995, as the same appears in my office. DATED this ~l~' day of /~0'~~~~'`- , 1995. City C1erx, Ada County, STATE OF IDAHO,) : SS. County of Ada, ) On this ~ day of undersigned, a Notary Public appeared WILLIAM G. BERG, JR. name is subscribed to the w9 acknowledged that he executed IN officia written. .s•. SEAL `eti~ti~~e ~ r n r r rrrrrr~ r_ ~~ ? ~~ `~ 1~ ~~~~rrrrlllil tI{{111`,`` fOvPk2~C~ , 1995, before me, the in and for said State, personally known to me to be the person whose .thin and foregoing instrument, and the same. WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certificate first above ,eo~91i®6--p--~ , p $s 0 ~ ~®~ A~~~ ~ ~ °~ ASH `~G ::~~ y Public ror taano ing at Meridian, Ida o ssion Expires: ~ ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 5 AMENDED ORDINANCE NO. 715 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING ALL OF LOT 2, BLOCR 1 OF TIMOTHY SUBDIVISION AS RECORDED IN BOOK 31 OF PLATS AT PAGE 1923 OF ADA COUNTY RECORDS, AND ALSO THE RIGHT-OF- WAY OF TEARE AVENUE FROM THE CENTERLINE OF OVERLAND ROAD TO ITS TERMINUS WITH SAID LOT 2, AND ALSO THE SOUTH 1/2 OF INTERSTATE 84 LYING ADJACENT TO SAID LOT 2, ALL BEING IN THE S 1/2 OF THE SE 1/4 OF SECTION 18, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: „parcel of land being all of Lot 2, Block 1 of Timothy S~u~division as recorded in Book 31 of Plats at page 1923 . c~- ~= ~ , ~ o~Ada County records, and also the right-of-way of Teare ~ F ~ ", ~,- ~„ _~ ` `we. from the centerline of Overland Road to its terminus r-~ ~~" '= ' ~ 'i~h said Lot 2, and also that portion of Interstate 84 _ ~ ~ :~; ~=° '_= ~;yng adjacent to said Lot 2, all being in the S 1/2 of `~ ~~' .~ ° -"'' y the SE 1/4 of Section 18, T. 3N. , R. lE. , B.M. , Ada County, ~ ~ =sdaho; being more particularly described as follows: m `, ~~ '`'' ~ `~ '~' inning at the Southwest corner of said Lot 2 thence 2 f id i ° ' ==~ ~ " 6~ . , ° Lot ne of sa or East along the West l th 0 28 51 N rn a,~istance of 327.76 feet to the South right-of-way line o~ I-84; Thence North 0°25'48" East for a distance of 200.00 feet to the North right-of-way line of I-84; Thence South 89°34'12" East along said North right-of-way line for a distance of 373.87 feet; Thence South 0°25'48" West for a distance of 200.00 feet to the South right-of-way line of I-84 also being the Northeast corner of said Lot 2; Thence South 38°20'21" East along the Easterly line of said Lot 2 for a distance of 467.46 feet; AMENDED ANNESATION ORDINANCE TREASURE VALLEY BAPTIST CHURCH Page 1 ( ~ ~ ~ Thence South 51°26'32" West for a distance of 21.83 feet; Thence South 89°44'18" West for a distance of 590.00 feet to the East right-of-way line of Teare Ave; Thence South 0°28'51" West along said right-of-way line for a distance of 700.00 feet to the centerline of Overland Road; Thence South 89°44'18" West along said centerline for a distance of 60.00 feet; Thence leaving said centerline North 0°28'51" East for a distance of 758.29 feet to the Point of Beginning, contains 7.30 acres, more or less. is hereby annexed to the City of Meridian, and shall be zoned L-O Limited Office; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, and L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to AMENDED ANNEBATION ORDINANCE TREASURE VALLEY BAPTIST CHURCH Pag® 2 ~~ development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City 'Council and approved b the Mayor of the City of Meridian, Ada County, Idaho, this day of November, 1995. APPROVED: ATTEST: MAYO -- GRANT P. I S RD WIL IAM G. BERG, JR - CITY CLERK AMENDED ANNEBATION ORDINANCE TREASURE VALLEY BAPTIST CHURCH a ~ b ~ ~. .~ ~~ ~~~~ - 'y ~od~ ~ ~„~ 111 itt Page 3 ,~, STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING ALL OF LOT 2, BLOCK 1 OF TIMOTHY SUBDIVISION AS RECORDED IN BOOK 31 OF PLATS AT PAGE 1923 OF ADA COUNTY RECORDS, AND ALSO THE RIGHT-OF- WAY OF TEARE AVENUE FROM THE CENTERLINE OF OVERLAND ROAD TO ITS TERMINUS WITH SAID LOT 2, AND ALSO THE SOUTH 1/2 OF INTERSTATE 84 LYING ADJACENT TO SAID LOT 2, ALL BEING IN THE S 1/2 OF THE SE 1/4 OF SECTION 18, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 715 y the City Council and Mayor of the City of Meridian, on the v- day of November, 1995, as the same appears in my office. DATED this day of November, 1995. ~~,~P+~~`~~'~~o~r-,,,~ ~~~~ Yi~ ~'~d~/ ~^~~ ~I ~~ ~t}$a..AC~ ~/ 6l' ° "_'_° °x°77 s~ i City Clerk, City of a 'dean Ada County, Idaho _ ~~~ -~ ~ ` G~ ~`~ ® .` STATE OF IDAHO, ) ss. %~~~!'~~,~~;``~~````~e County of Ada, ) ~~~~~~~~~~ On this ~ day of November, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. e s i SEAL ~®T~~~ ~' <~ ~= . (~~ ~ZG ~' ' AMENDED ANNEXATION ORDINANCE TREASURE VALLEY BAPTIST CHURCS eta '"Public for Idaho Res'ding at Meridian, Idah My Commission Expires Page 4 ,; , m 1 r z M H w a °.-° Q 3 aF = U j N U O m W Q ~ m W W J ~" Q O >` ~W LL. ,3,^^ W N V/ N W W 8 ~c ~ Z 0 z O F O a a S3a~d ZL'l ~IVM ~0 1HJ121 N a~ ~~ ~~ ' a .~ W .: W ~~j 5 1 i 4B 31V1Sa31N1 N JL ~~ 0 s aV021 aN1~1213A0 _ ~~ _ _ ~ _ 6 n1• :,yey y` a • • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; ~ ~~~ REQUEST; DEPARTMENT REPORTS AGENCY 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: COMMENTS OTHER: ~1 Materials presented at public meetings shall become property of the City of Meridian. .i .. • ~~erL~ed //-A-95' ~~C ~f~ ~~ CITY OF MERIDIAN 1995 PICKUP VEHICLE PURCHASE Bid Opening September 29,1995 Bid Results Bid request for One (1) 3/4 Ton 4X2 Full Size Pickup Three (3) 1/2 Ton 4X2 Full Size Pickups One (1) 4X2 Compact or 1VIid-size Pickup Three bids received were from: 3/4 T. Meridian Ford $16,501.70 Edmark Chevrolet Dennis Dillon State of Idaho 17,355.41 17,976.36 16,447. + 1/2 T. $37,946.10 (12,648.70) 38,634.24 (12,878.00) 42,111.00 (14,03 7.00) 37,413. + (12,471. +) Compact $10,645.00 10,311.35 11,921.77 11,047.00 The 3/4 T. pickup is to be located at the wastewater treatment plant to replace a 1,979 Ford pickup. The 1979 pickup will be reassigned to the parks department to replace a 1972 Chev. Two of the 1/2 T. pickups will be located at the water department to replace a 1979 Ford and a 1984 Ford pickup. One of the 1/2 T. pickups will be located at the public works department to replace the compact pickup presently assigned there. The compact pickup will be reassigned to the wastewater • department to be used for line location work and for the new pre-treatment officer field work. The compact pickup will be assigned to the water department as a second meter reader vehicle. I recommend to you, budgets permitting, that the award be made to Meridian Ford. dam, WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supt DENNIS J. SUMMERS, Perks Supt SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L 'BILL° GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINdTON CITY OF MERIDIAN wA~~ M ~ ow 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 ~ JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorkslBuiidiag Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivets License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM TO: MAYOR AND CITY CO CIL FROM: Gary D. Smith, PE a+~y RE: SOb°I'WARE PROGRAM Maintenance Records for Wastewater Plant and Collection Lines and Lift Stations. November 7, 1995 We are presently in the process of major maintenance, remodeling and replacement of facilities within the wastewater treatment facility and collection system. One thing we have found in this process is the importance of having reliable, easily retrievable records of our facilities reflecting when work was done and particularly when maintenance work is needed before any failure becomes a crisis. One method to keep up is through the use of a facilities maintenance software program. We contacted two nationally known and respected firms for information about such a computer program and received two proposals. A copy of each firms price quotation is attached for your information. Further research tells us that the Hansen company appears to be the one to deal with, not only for price but also for service. The City of Boise recently sent our RFPs for such a computer software package and after review of those proposals received~we are told they will select the Hansen company. Superintendelrt John Shawcroft and I respectfully request your concurrence in retaining Hansen company to provide this software program to the City of Meridian for the price quotation of $13,150. This the is total implementation fee. Wansen Informafior~echnologies, Inc. AHRENS & MASON ENGINEERING • Single User PC Version Modules• Unit Price Hansen's IMS Plant Module Hansen's IMS Sewer Module Hansen's IMS Reporting Module Oracle 's Single User Licensing Total Software Cost Professional Fees & Services Onsite Installation 8 Training (3 days) 800 per day Hansen's Annual Service & Maint.15% of Software Out of Pocket Expenses Total Professional Fees 8 Services TOTAL IMPLEMENTATION COST Service and Maintenance pd. 2 yrs is .12% of Software ~ _ ~ w ~ _ .wi vn.~ ai iu roan uCi iai wr ru ~ yi s is , i u r° vi ~orNVare 1. IBM Compatible PC 486 CPU, 33 Mhz or higher 2. 16 MB of RAM 3. 1.44 MB 3 1/2" Disk Drive 4. 120 MB of Storage 5. 120 VGA or SVGA Color Monitor 6. 101 Keyboard and Mouse 7. Microsoft Windows Release 3.1 or hi her Recommended Server Configuration: 16 MB of RAM 1.44 MB 3 1/2" Disk Drive 500 MB Disk Drive Novell Netware Release 3.11 or 1 3000 $3,000 1 3000 3,000 1 1000 1,000 1,200 $8,200 $2,400 1,050 1,500 $4,960 $13,160 $840 $700 / 02/07/95 /Price Quote Good For Ninety Days. r ~sN CASS WORKS License Fees (single-user PC-DOSI CORE Module (required) ....................................................:................... $1,650 Includes Runtime version of ORACLE RDBMS, Back-up and Restore facilities, System Security Features, RJN SQL Report Builder, and RJN SQL Graph Builder. SEWER Maintenance Management Module .......................................... 51,000 Inventory screens for all sewer structures, includes Work Order Processing, Unscheduled Maintenance, Preventive Maintenance, Stockroom Inventory Functions for Parts, Material, and Equipment. SEWER Physical Inspection Module ....................................................... $1,000 Includes the capability to store inspection results for televising line segments, smoke and dye testing, manhole inspection and building inspection. WATER Maintenance Management Module .......................................... $1,000 Inventory screens for all water structures, includes Work Order Processing, Unscheduled Maintenance, Preventive Maintenance, Stockroom Imrentory Functions for Parts, Material, and Equipment. STORM Maintenance Management Module .......................................... $1,000 Inventory screens for all storm structures, including line segment, manholes, catch basins and channels. Also includes Work Order Processing, Unscheduled Maintenance, Preventive Maintenance, stockroom inventory for parts, material and equipment: Training and Installation Costs Training and installation is conducted on-site by a knowledgeable and professional staff. Recommended training is one day per Module. Five days at $850 per day (plus expenses) ........................................ $4,250 Direct expenses not to exceed (based on one five day trip) ............... $1,500 ,~ t~ c(00 Maintenance Fees ~~ ~(o ,~ y The software license fees include six months of software support. Software f vQ~~or support includes: ~ ~~,~j ~ W ~ ~.~` `o • Unlimited use of a 1-800 telephone support hotline. ~ ~ =~ 1w,2r~ 1 • All program up-dates. - • All documentation up-dates. • Access to the RJN electronic Bulletin Board. Subsequent annual software support contracts for after the first six months are at 15 percent of the then current list price of the RJN software modules installed at the applicable user levels. RJN Group, Inc. Engineering and Information Technology Services WILLIAM G. BERG, JR., City Clerk JANICE L LASS, Cily Treasurer GARY D. SMITH, P.E., Clay Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt DENNIS J. SUMMERS, Pa-ks Supt SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DN1V Supervisor KENNETH W. BOWERS, Flre Chief W.L. °BILL.° GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomey• MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: Gary D. Smith, PE ,~~~iw~ RE: Wastewater Treatment Plant Clarifier/Headworks Improvement Project. November 7, 1995 Apart of our growth is requiring some capital improvement and rehabilitation efforts at the treatment plant. Several months ago you approved a preliminary engineering study, to be performed by Keller & Associates, outlining what needed to be done at the plant to upgrade the treatment capacity to 5.0 MGD. Keller & Associates has rettuned that preliminary engineering report to us resulting in a recommendation to make the following improvements to upgrade the plant to this flow level: Upgrade the existing primary clarifiers. Upgrade the existing circular secondary clarifiers Upgrade the existing rectangular clarifiers Provide a new Vortex type grit removal process. Provide emergency generator power to the existing headworks The attached Scope of Work and related compensation schedule goes into more detail of the work and cost thereof that is required. We have been very pleased with Dennis Suihkonen, PE, the Project Engineer from Keller & Associates who has been responsible for the design and contract administration work for the UV Facility and the Tertiary Filter facility which is about 2 weeks away from completion. Councilman Morrow, Superintendent Shawcroft and myself are in agreement in recommending that you authorize Keller & Associates to proceed with the design and bidding documents to begin this major improvement of the flow treatment capacity of our wastewater treatment plant. HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN wA~~ Mo ow 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 ~ Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman MOE AUDJANI Public Works/Building Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. I{INGSFORD Mayor ~ ~ ATTACHMENT A SCOPE OF W@RK CRY OF MERIDIAN CLARIFIER/HEADWORKS IMPROVEMENTS Keller Associates, lnc. is please to submit the following Scope of Work associated with design and construction engineering services related to clarifier and headworks improvements at the City's wastewater treatment plant. It is our understanding the following improvements are needed. • Upgrade the existing primary clarifiers to include feedwell upgrade, spiral type sludge scrapers and ring collector, baffling and scum removal, and new drive if necessary. • Upgrade the existing circular secondary clarifier to include spiral type sludge scrapers and ring collector, baffling, addition of an energy dissipating feedwell and flocculation chamber, and scum collection/disposal improvements. • Upgrade the existing rectangular clarifiers to include providing a chain and flight sludge and scum collection and disposal system. • Provide a new vortex type grit removal process. • Provide emergency power to existing headworks facilities including the inclined and vertical bar screens and grit removal facilities providing sufficient standby capability exists. The work will be performed in the following stages. A. PREDESIGN PHASE -Completed B. DESIGN PHASE The design phase would consist of producing detailed design drawings and specifications. It is antiapated the following number of drawings would be required: Drawing No. Description Cover Sheet 2 Location Maps, Notes, List of Drawings 3 Symbols, Abbreviations 4 Civil site plan, yard piping 5 ~ Existing primary clarifier equipment/demolition 6 New primary clarifier equipment piaNsection 7 ,Existing circular secondary clarifier equipmenUdemolition $ New circular secondary clarifier plaNsection 9 Rectangular secondary clarifier mechanicaUsections 10 Rectangular secondary clarifier plaNsection 195_ Meridian WWTP~ clarifier-headwks Improv~attach al.wp6 Drawing No. Description 11 Miscellaneous clarifier details 12 Existing grit basin pian/section 13 New grit basin structuraUmechanical 14 Miscellaneous civiUmechanical details 15 Miscellaneous mechanical details 16 Miscellaneous structural details 17 Electrical site plan 113 Girt basiNclarifier electrical 19 Emergency power electrical 20 Electrical details C. BIDDING PHASE Keller Associates would assist the City in bidding and award as follows: • Provide 30 copies of plans and specifications for City distribution • Answer questions during bidding • Prepare addenda as necessary • Attend bid opening, review bids and make recommendation for award D. CONSTRUCTION PHASE It is our understanding that the City will provide full-time inspection by City staff with weekly site visits by Keller Associates. It is assumed that a construction period of approximately 6-8 months will be required. During that period it is assumed that Keller Associates would visit the site and respond to questions, and provide clarifications on the average of 4 hours per week, for approximately 6 months actual on-site work. In addition, Keller Associates would provide the following other construction services. • Review of shop drawings • Materials testing (compaction, concrete) • Recommendations for change orders • Recommendations for payment • Assistance in final inspection and project closeout • Performance monitoring and performance certification to the State 2 193_ Meridian WWI'P~ clarifier-headwks lmpnvvlottach al.wp6 It is assumed the City would provide general construction administration including approvals for change orders, pay estimates, etc. E. OPERATION AND MAINTENANCE The manufacturer will be required, per the specifications, to provide technical operation and maintenance literature and some training for project equipment. Keller Associates would be available to provide additional operations and maintenance process information and additional operations and maintenance training if desi "red by the City. 19S Meridian WW7P~ clarifier-headwks Impmvlattach ol.wp6 ATTACHMENT B COMPENSATION Notice to Proceed • The CONSULTANT shall not proceed with the work unfit receipt of a written Notice to Proceed from the OWNER which details the date that the CONSULTANT may start to work and the tasks authorized to be pertormed. 2. Time Schedule Once the CONSULTANT has received a written Notice to Proceed from the OWNER, work for phase B is to be completed by January 15, 1996 (assuming Notice to Proceed prior to November 1, 1995) and the remaining. phases to be completed as required. 3. Basis of Pavment CONSULTANT may, after actual work is started, submit an invoice for the total amount of work done and materials famished by CONSULTANT and incorporated into the work to the end of the month in which the invoice is prepared. The amount to be paid by the OWNER to the CONSULTANT for the CONSULTANTs services rendered under provisions of the Agreement are estimated as attached and shall be as follows: a) Services for Final Design (paragraph B) shall be provided for the lump sum amount of $ 52,158.00 b) Remaining services described in paragraphs C, D. and E are estimated as attached and shall be paid on an houriy rate basis in accordance with the below rate schedule subject to change based on employee raises during the course of the project. Payment shall be made by the OWNER to the CONSULTANT within 30 days of the date of the invoice. I~LLER ASSOCIATES, INC. HOURLY RATE SCHEDULE (PHASES C, D, E) Classification Principal-In-Charge (Keller) Project Engineer (Suihkonen) Structural Engineer (MclGnney) Electrical Engineer (R2 Engineering -Boise) Designer .Drafter Secretary Indirect Costs Exceeding $250 Hourlv Rate $90.00 80.00 50.00 50.00 50.00 35.00 25.00 Actual cost plus 10% ,~ ~~ ~a~~,or~e„~.~ernag, ATTACHMENT B • CLARIFlER/HEADWORKS IMPROVEMENTS CeTUwTrn runu~rrnu^w w B. DESIGN Prlndpal PE ~~ E~ r Design Secretary 1. Cover Sheet ~ 1 c ~ocaaon maps, notes, etc. 4 3. Symbols, abbreviations 2 4. Civil site and yard piping plan 24 32 5. Existing Primary clarifier equlpment/demolition 12 20 6. New Primary clarifier equipment plaNsecBon 24 32 7. Existing dreular sec. clarifier equipmenUdemolition 12 20 8. New dreular sec. clarifier equipment plaNsection 24 32 9. Rectangular sec. clarifier medVsectlons 24 16 32 10. Rectangular sec. clarifier plaNsections 16 32 11. Misc. clarifier details 24 32 12. Existing grit basin plan/secflons 24 24 13. New grit basin structural 4 24 32 14. Misc. c~viUmechanical details 16 ~ 15. Misc. mech. details 24 20 16. misc. structural details 4 24 32 17. Electrical site plan 4 16 20 18. Grit basiNciarifier elec. 4 16 20 19. Emergency power details 2 20 20 20. Misc. elecMcal details 2 8 16 SPeaflcations 32 16 20 City/DEO Review Revisions 8 20 4 AdmiNOuallty Control 16 4 8 I~ TOTAL DESIGN HOURS I 16 I 288 I 140 I 463 I 32 II 2 195_Meridian BRYI'PI clar(1(tr-Hradwlts /mprovkng-urvogr • • ATTACH CL.AIBPfER/HEADWOR ES7INATED ENpWE MENT B KS IMPfBDVEMENTS ERW©MANHOURS C. Bidding Phase Pratapal P.E. ~~ Designer Secretary Distribute plans 8 Answer questions 8 4 Issue addenda 8 ~ 4 Construction estimate 8 Bid award 16 4 TOTAL HOURS 0 40 4 0 16 D. Construction Phase Principal P.E. Struc or Elec ~ Desi ner 9 Secretary Periodic insspectioNclarifications 2 96 16 Materials testing 8 Review shop drawings 24 4 8 Review pay estimates Z0 Recommend change orders 16 4 Final inspectioNcloseout 2 8 4 Record drawings 12 4 24 TOTAL HOURS 4 176 28 32 12 E Operation ~ M~irrtenance Phase Siruc ar FJec Principal P.E. ~ Designer Secre~ry Provide O&M Manual 40 16 40 12 Provide operator training 16 4 4 TOTAL HOURS 58 Za 40 16 ATTACHMENT B CLARIRERIFiEADWORKS IMPROVEMENTS ESTIMATED ENpINEERING BUDpET PROJECT COST SUMMARY MANHOURS/COST Principal pE Struc or Drafter/ Pro)ect Phase Elec F~gr ~g~r ($90.00/hr) ($80.00/hr) ($50.00/hr) (~~) Se°retary ($25.00/hr) 1^direct Costs TOTAL COST A. Predes~gn 4.00 128.00 24.00 5200 16.00 100.00 14,510.00 B. Design 16.E 288,00 140.00 463.00 32~ 2f~.1m 52,157.50 C. Biddmg Assistance 40.00 4.00 16.00 500.00 4,300.OD D. Construction Assistance 4.00 176.00 28.00 32.00 1200 500.00 18,OD0.00 E. Operations & Maintenance 56.00 20.00 24.00 16.00 100.00 7,000.00 irec are ma r pn g, ep orte, sage, ma ena s ng, e . ros mrew~, w~rr~ ~~lrrfle~dwb l,~,urleng-snr.ag, oc~n~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Shari Stiles, Planning Administrator 33 E. Idaho Meridian, ID 83642 ~~~~~ OCt 2 5 1995 CITY ®F r~~~a.~~~g Re: Waltman Lane Dear Ms Stiles: October 6, 1995 Waltman Lane is identified by the current Functional Street Classification Map (FSCM) as a Collector road from Meridian Road west to Linder Road. During the review of the Landings Subdivision, the City and District agreed that Waltman Lane should ~ be extended through the Landings to connect to Linder Road because of the additional traffic that would be routed past the residences on existing Waltman and the additional traffic impact on the intersection of E. 1 st/Meridian/Waltman. This discussion prompted the revisions to that intersection and subsequent design of major intersection changes to the E. lst/Meridian/Waltman, Corporate/E. 1st, and extending Corporate west from E. 1st to Meridian Road. Corporate Drive is now anticipated by District staff to extend west from E. 1st, past Meridian Road into the interior of that square mile to replace Waltman Lane as the Collector for that area. Doug Tamura has submitted a request to the District to formally recognize this shift and place the westwazd extension of Corporate Drive on the FSCM and on ACHD's Capital Improvement Plan (CIP) to establish it's eligibility for the use of impact fee revenue to finance its right-of--way dedication and construction. If it is qualified by the CIP, a developer could be reimbursed for those costs ofright-of--way and construction over and above the costs of a local street. Mr. Tamara's letter and map aze attached. Please review this request from the City's point of view and make a recommendation to the District Commission. The Commission will consider this application at its meeting of October 25, 1995. Please return your comments to me by October 19, 1995 for inclusion in the staff report that has to be completed on October 20, 1995. Since y, S Develo ent Services Supervisor cc: Chron Project File Engineering Services Traffic Services ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 10/30/95 17:39 $208 345 7650 ACRD I~j003/OU3 • August 22, 1995 fir. ~+ ~ .rte. Ada County Highway District Commissioners T ~ ~' 318 E. 37th Boise, Idaho ~ fiK~ ~ ~ ~~• RE: Corporate Drive Extension West of Mesldian Road ~p • ~~~ SS Meridian, Idaho ~ ~/~ ~ ~~~ • Dear Commissioners: ~ 'avb5 _= ~'-~ ~~ ~. In regards to the above referenced project I would like to formally request the following items: 1. Amend the Capital Improvement Plan to include Corporate Drive in lieu of West Waltman Lane to Linder Road. 2. Review the proposed connection and'traffic circulation as it relates to the Landings Subdivision No. 5 and No.6. Your consideration on this matter would be appreciated. Please contact me if you need any additional information in regards to this matter. u Tamura a~~z~ 'J ~° & Associates 499 Main Street ~ 8aise.Id.83702 ' (208) 343-2931 OCT 30 '95 16=28 208 345 7650 PAGE.03 10/30/95 17:38 $208 345 7650 • ACRD r _ , ~,~, .,_. ' •' 'r • r,~ ', ` ~ J ~ ~ r rSEC. 13- ~3N.-R.IW. ~ ADA COUNTY 20NING COMMISSION 1• ~ ~ • ~ 002/003 ~,., ., ` ,. • am~~ iK~ nrou-u ~ 1. .o~wi ave. ~ /~ _. ~- ~ '•. .F ~ . d ~ 1 '' ~ 1 u• N J! III ~ ' , OCT 30 '95 16 28 208 345 7650 PAGE.02 4 OCT 3i '95 10:20 WM. F. 61GRAY, 3II SOANIEL R. HAROEE WILLIAM A. MORROW ,CHRISTOPHER S. NYE PHILIP A. PETERSON igTEPHEN L. PRVSS ERIC 5. R08SMAN TODD A. ROSSMAN - TERREN CE R. WHITE WHIT PETERSON ET RL 230 P02 • • WYiiTE. pETE$50N, PBVSS, MOg$Ow & GiC}BAX. P. A.• ATTORNE;Y8 AT LAW 104 NINTH AVENUE SOUTH POST OFFICE 90X 247 NAMPA, IDAHO 83653-0247 (208) 488-9272 (206) eBB-1482 FAX (208) 486-4405 October 31, 1995 Wit14 offieea also in CALD W ELL. I DAH O (208) 454-8®90 FACSIIIQLE ggtplITSMISSI01~i 208-342-4657 Daniel V. Steenson Ringert Clark, Chartered P.O. Box 2773 Boise, ID 83701 Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Steenson: Please be advised that at this point in time the following has occurred regarding D & B Supply's position concerning the Myalls' complaints. 1. 2. My client has completed a move of the pallets and racking to the back. , Screening of the receiving area is completed. 3. We have received evidence of the fact that the plantings in the back of the building had drown from too much water. Those have been pulled and will be replaced on or before November 8, 1995. 4_ The merchandise which was formally located on the west side of the building has now been moved to the fenced-in area and awning portion of the building on the east and north side. 5. The field which is adjacent to the west of the D & B Supply building will be seeded with draught resistant grasses. As far as the issue of the waste ditch is concerned, at this point D & B Supply is looking at their options and the costs of those options to pipe the waste ditch. We have received clearance from Ada County Highway District's counsel to allow Jim McGarvin of West Valley Builders to talk with Larry Sale regarding this matter for the purpose of getting an estimate of cost. Hopefully we will have that information before the end of the week, OCT 31 '95 09=17 12084664405 PAGE.02 OCT 31 '95 10:21 WHIT PETERSON ET RL 230 P03 • Daniel V. Steenson October 31, 1995 Page 2 and we will then advise of my client's position regarding the waste ditch. Very truly yours, . ` , i ay, I~ vm cc: Richard Schrandt Rod Snyder Shair Stiles dib/aCSenpon.itr OCT 31 '95 09:18 12084664405 PAGE.03 ,~ ~ WHITE. PETE$SON. PEIISS. MOBBOW & ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH WM. F. GIGRAY, IQ POST OFFICE BOX 247 DANIEL R. HARDEE NAMPA, IDAHO 836530247 WILLIAM A. MORROW (208) 466-9272 (208) 888-1482 CHRISTOPHER S. NYE PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRU55 ERIC S. ROSSMAN TODD A.ROSSMAN TERRENCE R. WHITE November 6, 1995 FACSIMILE TRANSMISSION 208-345-7650 Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 David E. Wynkoop Ada County Highway District 318 E. 37th Street Boise, ID 83714 GIGBAY. P. A. With offices also i~, CALDWELL,IDAHO (208) 464-8990 ~EC~i~V ~1~ NOV 01 1~~5 ~~~'~ ~F N~~~r~t~ Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Sale and Mr. Wynkoop: This letter is a follow up to the meeting held between Jim McGarvin and Larry Sale on October 31, 1995. As a result of that meeting, my client has given me authority to submit the following proposal to resolve the lingering issue of the drain ditch on Wilson Lane. My client is prepared to install a A.D.S. N-12" pipe and/or A.D.S. corrugated polyethylene 12" pipe with clean out at the start and clean out every 400 feet on center which installation will be along the south side and for the full length of Wilson Lane to a point on the southeast corner of the intersection of Wilson Lane and Locust Grove to the existing waste ditch on the east side of Locust Grove. The installation will also be adjacent to the existing pavement on Wilson Lane at a location where no encroachment on Myall property will occur, even during construction. The installation will be in accordance with approved engineer drawings to be prepared by Hubble Engineers and will include cut-throughs and patch and repair of the driveway to Myalls' residence. Installation shall occur on or before April 14, 1996. This proposal is conditioned upon it being part and parcel of the approval of the occupancy permit of the D & B Supply .~` ~,~ ,~~ • Larry Sale David E. Wynkoop November 6, 1995 Page 2 store by Ada County Highway District, and approval by the City of Meridian Planning and Zoning and Engineering, and, upon the acceptance of the pipe installation (so long as in accordance with approved specifications ) by Ada County Highway District upon timely completion of the installation. We await your response to this proposal. vm cc: Dick Schrandt Jim McGarvin Shari Stiles Daniel Steenson Very truly yours, r-- M. ' m' ( Gig y, I~ d6b/snle6wyn.its 11i08i95 17:05 X12083424657 RINGERT CLARK ~1001i003 • RINGERT A BY FACSIMILE AND MAIL Shari Stiles Planning & Zoning City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 ~~dluHiil+ IWlyvrl II Ibl.lu flak .nula•m <1 lu•lu November 8, 1995 L•IIL•. It +IWviu•nvnr .4 u i a•+ 1 •. Iii N It1/L' UI 14aUi11; 1liUII ^11)111 tiN'tK•1It1' I~ulnt'k I). 1.1ls•v n4a•Il:rt•1 J. I1MdUlk• Lu 1vµ1 1 qurau/•rcplbcl IYUUrI \r ~rrrirwur .Y",uoi a•1 Nio Oq v.i i I~rL I.1!q!U) Administrator lte: D & s supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Shari: I have received Mr. Gigray's letters of October 31st and November 8th, and a copy of his November 6th letter to Larry sale. I understand from Mr. Sale and Mr. Gigray's November 6th letter to Mr. Sale that D & B Supply proposes to pipe the drain ditch in its relocated position on the south side of Wilson Lane. Neither the construction nor installation of the pipe will encroach on the Myall property, and the Myall's driveway will be restored after installation. Hubble Engineering will prepare plans to be reviewed and approved by ACRD. I understand that ACRD will have to review the construction plans before approving the proposal. I have requested a copy of the plans when they are submitted to ACRD. Although it is somewhat unclear in Mr. Gigray's letter, I understand that D & 8's proposal is conditioned upon (1) ACRD and City approval of the occupancy permit for the D & B Supply store, and (2) AGI3D's acceptance of the pipe installation. it is not clear to me at what point in the approval/installation process D & B is requesting that the City issue the Occupancy permit. D & B's Development Agreement, paragraphs 10 and 14, and City ordinance 11-2-421E state that no certificate of occupancy shall be issued until all improvements are completed and requirements are met. Thus, the Certificate of Occupancy cannot be issued until the pipe is installed. We are hereby requesting that, once ACHD approves construction plans for the installation of the pipe, the City enter an addendum agreement (see paragraph 14 of the Development Agreement) stating the conditions and timetable for completing the remaining construction and activities necessary to correct the adverse impacts to the Myall property. ~• i i ti(t llllt'1'1111'tl tiI1Ct•1 • I'.t). I~tJX 2i i:: • lirlf~t'. Itlillll).~iaiUl • '?OZ'i/:i4:3>-4i[11 1'AX. S4•'i ~Idi~ii NOU 06 '95 15 11 12083424657 PAGE.01 11/08/95 17:05 x`12083424657 • Shari Stiles November 8, 1995 page 2 RINCERT CLARK ~ 0021003 The Myalls have no objection to D & B's proposal for piping the ditch, provided that ACHD (1) approve the relocation of the ditch to the south side of Wilson Lane, (2) unconditionally waive its requirement that the ditch be relocated out of the street, and (3) accept the pipe as a permanent installation within Wilson Lane or otherwise assure the Myalls that neither they nor their successors or assigns will be required tv perform or pay for any future relocation or improvement of the drain ditch which ACRD may require if and when Wilson Lane is completed in connection with any development of the Myalls' property. Under the circumstances, the Myalls cannot be required to bear any burden or expense associated with the drain ditch now or in the future. The Myalls request that the following considerations be addressed in the planning and installation of the pipe: 1. D & B's engineers submit flow calculations to show that the size of the pipe is sufficient to carry the flow of water in the ditch; 2. the pipe should be installed so that it will not be located beneath any future sidewalk, curb, or other structure to ensure that it may remain as a permanent installation; 3. adequate provision for storm water drainage must be provided; 4. access from Wilson Lane to the Myalls' shed must be restored; 5. access to the residence through the driveway must not be prevented between the hours of 4:00 p.m. and 9:00 a.m. during construction. 6. sewer and water stubs to the Myall residence must not be altered; 7. excess soil must not be deposited within Wilson Lane or on the Myalls' property; 8. the Myalls' fence must not be disturbed yr must be repaired if damage occurs during construction; and 9. installation should be completed not later than March 31, 1996, to ensure completion prior to the irrigation season. NDU 08 '95 15 12 1208342465? PAGE.02 11i08i95 17:06 X12083424657 RINCERT CLARK f~ 0031003 • Shari Stiles November 8, 1995 page 3 This list of considerations comes to mind in considering D & B's proposal but is not intended to be exhaustive. The damage to the northwest corner of the Myaiis~ property caused by installation of the trespass ditch and vehicle ruts must also be addressed. The ground must be restored to its prior condition. The Myalls are encouraged by D & 8's recent efforts and believe this matter can be resolved if the piping the drain ditch is performed properly, if the Myalls are assured that they will not be required to relocate or improve the ditch in the future, and if A & H meets its commitments to correct the adverse impacts to the Myall property. Please advise the City Council of these comments and concerns at its meeting this evening. You s very truly, r Daniel V. Steenson Enclosures cc: Wayne Crookston (by fax 888-3969) NOU 08 '95 15 12 12083424657 PAGE.03 ~/~~-- li=/~ ``~ i,~fori ~ ~`'P.rP~ vQz`i ~ ~o ~ ~-,~:i ~ ~t'~ ~ - ~fd.~ un c.~ - ~.7~ 5 ~.-7 e dz.L ~2 s ~/~-3"S6~ cjo~o,hfecC b~y ~~.e /~ra~or W~~-/Z adv~~~~~e a~rG( Cb~r f~~l~ O ~ t~ocr yr ci~l ~GJO _ ~ Q ~ grv /f~' /~/~ ~~. :/~ ~o~as~ 3 y.~~h ~~~ ~h eQ hPr ~ year -t~Eh..r ~,, 2 yea ~ ~~~,~ ,.~ ~~;r' ~c ~~i - ~~~ /%~ ~/y~h z . y.~a ~ ~~~.~ ~®h~ ~~~ l ~ Pof ~P_ ~-~ ~ t ~0 6Pf'ts (v~G%v /~ fa.~v G ~~~ ~oun~ / ~e~ 6e~- ',v ~-, rQjb rP. JF eta fi ~~ ~ tee. to f'~Ztt~ `.~ qa d hat' pests ,,i ~orn~ ~odt: j n Cam, - r !.f ~ ~i 'C S 7 ~ GL L: r ~l ~'~.S ,5 (~ f~f QIChS c~~G~G H- • Meridian City Council November 15, 1994 Page 4 • have been created that basically ended up meaning that folks cpuldn't do simple remodels on their homes without large bureaucratic process to go through. Hill: No, that is not the intent at this present time. Morrow: Do we have safeguards to keep those kinds of things from happening? Hill: Yes we do. Kingsford: Any other questions? Morrow: I think that covers my questions. Kingsford: Anyone else? Cowie: Do we need to vote (inaudible). Kingsford: What exactly is that we have to do? Hill: You have to re-appoint the members to that current commission. And you already have those peoples names who have agreed to serve. I think I could probably tell you most of them, Frank Thomason as the Professional Historian, who has a doctorate in history, Wayne Forney who is a nationally certified planner which fills the requirement of a planner, the architect would be Jim Shearer, the City Architect. I think we suggested that it be seven members rather than the 5 that if originally was because of getting a quorum for meetings. The President of the local Historical Preservation Society, myself as the City Historian and then if you wanted to put any other 2 people you want to put on it who might represent the building trade or something like that. Kent Roberts has indicated he would like to serve on it.. Kingsford: You have 6 members and then 2 alternates, oh I counted you twice. That being the case I would suggest to the Council then the re-appointments of Frank Thomason to a 3 year term, Jim Shearer - 3 year term, Lila Hill - 2 year term, Gwen Alger - 2 year term and Wayne Forney -1 year term, Kent Roberts 1 year term and Doug Routan would be a 2 year term. Cowie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the reappointment of Frank • Meridian City Council November 15, 1994 Page 5 • Thomason, Jim Shearer, Lila Hill, Gwen Alger, Wayne Forney, Kent Roberts and Doug Routan to the Historical Preservation Commission, all those in favor? Opposed? MOTION CARRIED: All Yea Hill: Last Summer, the Meridian Fire Department received an invitation to the Idaho Historic Building conference that was held in Boise in June and that invitation found its way to the Historical Society. Gwen Alger and I attended as representatives of that group and were the only ones there from Meridian: The invitation had also been extended to architects, building inspectors, historical societies and otherwo were irrterested in building preservation. The conference was organized by the Boise City Planning office and Boise building inspectors. There were attendees from all over the state and the goal of the conference was to provide a~ forum for discussion of regulatory options for the rehabilitation of historic structures. The conference speakers provided a mix of examples and expertise to stimulate and encourage the audience in an open and sometimes very heated and frank discussion of what. must be done in Idaho to bring all facets of building in the community together to accomplish practical solutions to these issues. Further workshops have been held and the architects involved in historic reconstruction are most supportive of the uniform code for building conservation. This working document is published by the National Conference of Building Offidals and has been designed to provide tools to effectively implement the provisions of the Uniform Building Code by identifying minimum levels of safety or performance of ail existing buildings. Historic buildings are given certain excerptions and alternatives within the intent of the Uniform building Code, UCBC or this one for building conservation also indudes assistance in evaluating the existing buildings and the acceptable alternates developed as part of the US Department of Housing and Urban Development rehabilitation guidelines program. 1n short this UCBC is a building ~nservation guideline presented in code format which will provide a community with the means to preserve its existing buildings while achieving appropriate levels .of safety. It is formatted exactly the same as the Uniform Building Code and it is compatible with the other building codes such as electrical and plumbing and it may be adopted as a code or used as a guideline for those with older buildings. Several towns and cities in Idaho have already adopted this code and the members of the conference who was there from the City of Lewiston (inaudible) over how it had helped with the reconstruction of historic buildings in their town. The inspectors and the architects were very much at odds that day and (inaudible) arguing with the Boise City inspectors, and the inspectors saying we have to what you have enacted as code. We can't make any variations on that because the building is old or any of those things. We have to go by and enforce what codes the City has adopted. The adoption of this code which includes the historic clauses would enable the owners of existing older structures and those remodeters to meet the safety code limits without sacrificing the integrity of the existing structures. One example is under the Uniform Code (inaudible) have to be removed in all the older s l • • MERIDIAN CITY COUNCIL MEETING: ' `~ `~ ~~e~" ~t ~ / ! ! L % lei ~ ~/ ~ ~ APPLICANT:. AGENDA ITEM NUMBER: REQUEST:- -',~'P;.j~' n~~! ~/.. GA ENCY 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: ~~~ COMMENTS ~~s ~ ~`' . ~~ ,~. 6/e ~ S~rV ~! Q ,~ Y~ ~~ r ~ f ~ ~~ 13~,!'' ~, r .~ ~ ~~ 1 ~~~ ~~ OTHER: • -~ C:. i~fori ~ ~~~~P~ v~z`i'~ clo ~ ~~i ~ J'~'oyc. - Ord. u`t ~ ~ 7l crP~oih fed b f th.e /~t a~o~ wi~-Oz adv~~~ a~~ Co~7~-~'`~f o~ ~ocr.~,c~~l tea/ v _ 2 t~,e 6wz ~~~- ~w p - ~ ~o~c. f.~ _ L~/~ // // ~ s ~s ~fa.nl~ ~or2 a.t~ 3 v~~sh ~r~ .~~. cf'h ea ~-er ~ year te~~ ~ L~ Ia H/~/~ 2 ri Pay- ~~!-sti c~~P~ r fyQ~ z y~u ~ ~~~.~ • ~G~`r e `O rf EG! I v~ PAS ~~'~-~ ~ D~~~r /~~~ t ~0 6~~-ts lv~~ --- .~ ~~. ~/ ~e~v ~', rQ~ rP. JF~•.fa fr ~~ would /ke. -tp Q rn e~~e d or din a n e.~ to J'fR.~~ . . _. - ~,~`? a.P.f C'oK.,f~~J'~ O f Q t ~.~rtJ~ ~'i V~ ~!n d !'1 o Z~'- ~ ore fhu:h. f~K. rnP~.z.be~-,s ~~ ~pGLIS a do/~ ~/ B r~. o ~ ~~- ~~ GI`i ~~}~ot'r~ (hod 2. i ~ C~~t l~'c' -r l~ iJ ~ vi 'c ,S ~'u c 1`Zi v-~.s' ,J~O ail eahs c~I'~%PH- ~r ~ , 1 z e,~ ' ;- • ~~ ~. The Certified Locals Government ordinance has been ~ force since 1987 when the city received a grant from the National Park Service to conduct a reconnaisance study of the older buildings in the core area of Meridian. The committee has lapsed due to lack of activity and it is crucial that a new one be appointed for re-active status with the Idaho State Historical Preservation office in order for a grant to be received this year to~ nominate local buildings to the Historic Register. In order to qualify for the register a building must be over 50 years of age and its outer appearance unaltered. Registry nominations are not done without the consent of the owner and can be removed from the Register if the facade is changed or the building moved. I understand that you have questions and I will answer them as best as I can. Fofllowing the questions I would like to report on a conference held during the summer and make a recommendation. The Meridian fire department received an invitation to the Idaho Historic Building Conference that was held in Boise in June and that invitation found its way down to the Meridian Historical Society and Gwen Alger and I attended as the representatives from that group and were the only ones there from Meridian. The invitation was also extended to architects, building inspectors, historical societies and others interested in building preservation. The conference was organized by the Boise City Planning Office and Boise Building Inspectors. There v~ere attendees from all over the state. The goal of the conference was to provide a fon~ for discussion of regulatory options for the rehabilitation of historic structures. The c~'erence speakers provided a mix of examples and expertise to stimulate and encourage the audience in an open and sometimes very heated and frank discussion of what must be done in Idaho to bring all facets of building in the community together to acco~pl~h practical solutions to these issues. Further workshops have been held and the architects involved in historic reconstruction are most supportive of the Uniform Code for Biding Conservation. This worki~ document is published by the Internaxional Conf~ce of Building Officials and has Taeen designed to provide tools to effectively implemcmmt the provisions of the Uniform Ban~lding Code by identifying a minimum level of safety or performance for all existing buildings. Historic buildings are given certain exceptions and alternatives within the intent of the Uniform Building Code. The UCBC also includes assistance in evaluating existing buildings and the acceptable alternates developed as a part of the U. S. Department offIousing and Urban Developments Retation Guidelines.program. In short the UCBC Hs a building conservation guideline presented in code format which will provide a corra~ty with the means to preserve its existing buildings while acieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code and is compa~ble with other uniform codes such as electrical and plumbing and may be adoped as a code or used as a guideline. Several towns and cities in Idaho have already adopted this code and. the member of the conference from the City of Lewiston waxed estatic over how it lls~d helped save and renovate some of their buildings. The inspectors • stated that they di~'t set the codes, but just enforced the codes the city government has adopted. The adoption of this code would enable the owners of existing older structures and the remodelers to meet safety code limits without sacrificing the integrity of the existing structures. One example is that under the Uniform Code transoms have to be removed and filled in. With the UCBC they meet the code by installing he transoms a steel framed wire glass and thus preserve the historical feel without violating safety code limits. The historical society has been aware of this code for several months -and Will ordered this copy quite some time ago -Right now the adoption of this code would cost the city nothing and would greatly facilitate the new owner of the 1912 high school and the desire of many of us to see this building on the Historic Register - we really didn't anticipate that all of this would come together at once - it just happened this way. I would urge your adoption of the Uniform Code for Building Conservation. This would facilitate the conservation of existing buildings using the National Park guideline of SO years old or of unusual significance to the country as the determination for buildings that could be rehabilitated under this code. MII3IDIAN RECONNAISSANCE SURVEY NLY 1. 1987 -MAY 15~ 1988 SURVEY REPORT The purpose of the project xill be to survey photograph and map pre 1926 architecture structures in the core area of Meridian. The year 1926 was chosen because it was at this time that the City of Meridian installed it's first sewer system, giving the first record through recorded assessments and sewer hookups to the various land oxners . The survey will include both the business and residential section of the core area. All structures constructed prior to 1926 xill be recorded using information and records available at the local and state leve. Standard survey forms, guidelines and procedures provided .by the Idaho State Preservation Office xill be used in the conduct of this survey. This survey of the existing structures from pre-1926 has located and identified 151 such structures. Many of these fall into one style of building. One story square xith a pyramidal roof and central chim- ney. These are undoubtedly less expensive models of the 2 story square homes that the early settlers remembered from their homes in North Missouri and Southern Ioxa. The local builders on some of these came from Putnam Co. Missouri and were named Howry. Many of the existing homes were built for rental to the workers in the fruit and dairy industries in Meridian, becoming privately owned homes in more recent years. • Some of the buildings could be considered for National Register and this might be a future project. Bibliography: Idaho Statesman Nexspapers 1890-1910 Capital Evening Nexs 1907-1910 Meridian Times 1909-1926 Meridian Village Trustees minute book ~ 1903-1926 Meridian sewer assessment list, with legal descriptions for 1926 Sanborn Fire Maps 1907, 1912, 1923 with updates Ada. Co. Assessors 1987 book to verify legal and street addresses This project has been interesting as well as educational to•those who participated in it. Respectfully submitted, ~, ~-y!~/ Iaila Hill, ProOect Co-ordinator • • Page 1 IDAHO ~IISTORIC SITES INVENTORY IDAIIO STATE IiISTOR[C PRESERVATION OFFICE Tfiis form provides the minimum level oFdocumentation required to determine a property's eligibility for the National Register of Historic Places. Complete all starred (*) items as well as the National Register Recommendation. .:•~P~<,r.'• ••'y~"~f•,.•;.'•.:°':•~ii:'•,<~.,.%:.<,::::••.;: a25s'•':~':',.:'.r:'':.^r?•'•,.•••.,5..7~<.'r'/,.r it<yJ:l •. •: , ~'f '•:,.:<•,•:• <:•:/<.::, .~+r•%••.,'•r:'•.v"::':<:%i"i•<:•Yr7':i~l.••.•':•:.••i%%.r'%r..T+:;<•:..•.,•:.....,.,... cs..•J•..•::.:r.::...%;.:: •.:./.r.:././.::., .;, .: <' :: ~ F%2' "'•r ' 'e+.;,... :% ,u %` %•.' ; ~ S'j,.:. w .;•:: r : /.+.:.•«.>;</.;...: it<:.~.,v,'..,1;.;,.,u:.s> .::::: •,•: 6 :>,• <•::..,;~•.;:.::::.::. ,:.% .•' .../..., s: r::. .. .% ..:, ;..;~~:.:,..........•.:.., ~' ' ,.. ° .,.•r•~~wo.J• ~ ~ ..•/~Y'>~S//GJF;:.!%X., `s~•,':~: r •r<;JJ.f i r :... ..: v....:...:...... /'' ., , ,: .. .Gl ,•[<~.:!••..e,<•; :.sL•~'uC:is1'•.,:.:r>,:,Y,:71.•:.v..:;:!..,.:..,,.'•s::.: •.:•: •::.%:: ........a.... .,. .w.J.w..... .e.e.:wb:. .w r *Property Name/Field Number / *Map Reference *Township *Range *Section * 1/4 of * 1/4 of * 1/4, Boise Meridian UTM Basting *County * *Cit *Acres northing Address Y Lot(s) Block(s) Historic Context(s) *Property Type' *Total ~ features *Associated bldgs./structures *Construction Date *Estimated Construction Period Style *Condition *Materials Plan *Moved: Yes When *Original Use *Current Use ~T~rr ~~ , t rv;<w, ,,;..w. ,;:%t..y.:..m.. x~gt~• ..:.M!.;"rs!'y~?•,::?"•:.<,n,.~:....;,,,,;<,;.!~>„~r~;rs,!.m..,.jr•,:!:.",~~p•.:.v,,?,.ry~ .,, ., _ Individually eligible _ Not eligible _ Contributing in a potential district _ Noncontributing • Multiple property study _ Historical significance _ Significant person _ Historic landscape - Architectural/artistic values -Not evaluated . Comment *Recorded by ~ *Phone *Address *Project/Report Title • Survey Report /i Reconnaissance Intensive *Date a .,, •. ...:.. . :. .. .:i to C -., _~ .~ .vc . . • • Page 2 IDAHO IiISTORIC SITES INVENTORY IDAHO HISTORIC PRESERVATION OFFICE IHSI ~ •4.t: •: r •: .r<..•. ; •L•.+r`.;.:•• .. ;, . rf:•:.'•'~ ' ~r l: ' • •<:>"%.;'• ' 'iY:%r:•.:' :., r r. r e ;.5.:•:,• .vi:.>,..;.i,>:':' . 3s,'':Yr:•n:.> fk..../.+'r•'fv:''•3i:':3i'+/'•'.....,)...J...f.ri.///~/ '~•'•`>,:';::;•::::;r :f2• f,•X:v' <::•':/n'••sc,+/,'. `.:~fr:.: n:.:. <>. •9J.•'nh`•.r: :4s?:. :,anfi:•:f1. •`•.L/?f,.. ..i .. •..Y.... .::1.,.:: •rr /r's. f. .~<x•.;w,:riri.:./.;L;>'•• ::a::J:i....n.,.. .r~. •i;:... ;;.. .:b:..C•f"5.; ... r.,:a.f.,. .~.:.. <x:.;:::::.: ::::.. .<.J.:., ..>i ;.......r..../i•e ~~~`.. .:.. .v::..::::.:::....~: : ...: .. ~. »...........;•is ....::.., :....:.wf:af ':. ,•<:::Fsa::::.:'.•w',•~w~:"•:f::;.•S:ti..a..s:.s:<.:LL.•.•.:..a:.ersfss°;.::.ss...f•L.•L.w:..,...:as.L..awativ;.ti:aw>:L.f+.ss:~~»:y.fi•/,....::s)...,.........n....:,:d:o•.'•': Describe the property's physical characteristics, such as form, plan, style, materials, foundation, roof type, integrity, condition, dimensions, interior design, alterations/additions, etc. @~.~a~t ,ra.;:;•^•.',S?:;..:<f9..,w.^>.:aY{x, <fs v^'/.•:,w.yti~,:`r,.nfg:.:P`:e:"`•;~cvw.. d:. n.:,"Y.••%'eS ,:f:X:::'ef:;•,';.<,:i"y."':.:;'<f;':'•F,',a:;~?:a'.v;•^:?n•:.e:.;L~•,r..fv.;•rf>;;`~ ~ef••.•".2y'••"•~",{' . 4 :rv• :.: s..:.. .f,•<`"°h ..:L:: r<eL•; .,;.::..::;,•:n; n• .:~is,:.....Y..:. .; .;t.,f'':... :.;?;;•.: , ~: L:.>•::.,;:.: a: . rs.~'.an.> ., .s :.f•• • 't2:i::~::. •...:: nf•.;,;.sw.•<. .:•. fs>f:«, :< :s•:e••f:..:: s:..:::: ..::• :':<.r. ,< ::•0,^.,. :: ~. +•f~... .>r;.•.:•f/. x:2s~~,:.ltif•:•.,~.if$:,:}~,L,.a:<,:t:L: ... ,erf~;:. ....:....:.: ............. a...:...... . nn.L JU}i4v'iii:.,•d.•nlw~n;•S:"+:ii:.}}'iw:O,.,.y,.:4..::..L.;.hvv..~.::.u:.n.:.,L.vvY.•w~.J: N:a.u..w.:S.L:.:w::w4:••.:...}»::: n....v': •.•:.:...,~ •'.:.v'n.:...::yY::.:LYY'3..:::wikLix':Sii: ii:u':.•:.•H.•..:. u Provide an overview of the property's History and development. •:r :n•~,v°.,~.:°~':;~+~,W,~,'-4~~55;}N~j~0~0o0~•!~.. Wes,. ~.Y~YS>kO~t~G•h. ,Y;~ ~X•~`~ X~ M• .;'- •> .. `•.. w~a.'ss.. <.:.<r : / •::~L ro?2 >.:: u:«.>,,.,.....~.'•l.^°3.::.:.:. •f:.:.. ~~.r.^:i.:'~.,.^is;'•::,;•::.:•:;•::i°~'?:5~<•.,' •~'.•e:•'>;Y,'j.,~:r:'.''.e,..:ri °r'• ': q'•r.:.:,,• :Y?;::` ^:;So. 4~i~ .. ~. <,. y. '2.Wrf<.'s •r: .:.Y:.s:.,•>.., ...'.'t.. ...:...L• .. .::. ..<....r.:.:::::L•:•y: s•e::.:f..:. ....:.........,... ........................:....:.:::•, ~':v:x. a.::S;t,qfY.:..•.sw:•:w:,{L•:n:•n:::..,•n:i..•..•:.:.•.::.::. ~.....:a..:::.,~:...~.:.:sw>:<;.:•}: ~:Y::y::i3:...::.:,...,<:•.::ss:•:.,,::,•«:<w•».G.•.,..::1.^.:<•:>.:'::>.:>.::::rdc•::::<•:::5 ..:..• Property ownership history (deed/title search): Current owner's name and .address: Sources/bibliography consulted (note publications, historical documents, drawings/plans, newspapers, photographs, oral histories etc.). Cit of Meridian ~ ~~, Y ~ INTER-OFFICE MEMO DATE October 20, 1995 FROM: Janice L. Oass~ TO: Mayor Kingsford SUBJECT: IDAHO POWER "Pay Station" Here is the letter that Sharon Ashenbrenner brought over. Can this be brought up at the next council meeting in November? They will be closing the Meridian office about Dec. 15th. They would like to put up a notice before they close. I discussed this will the girls on this side, and didn't think that there would be a problem, as we sort the drop box. Would could cancel this if there were any problems. 1 ~ PAY STATION AGREEMENT • ~oQ~ Idaho Power Company and the City of Meridian, Meridian, ID, enter into an agreement to provide Idaho Power Company pay station services as follows: Idaho Power Company will fumish: Signs Envelopes and postage for mailing receipts City of Meridian will fumish: Signs visible to the public Customer payment stubs and money collected to be mailed to Idaho PowerCompany daily Monthly payment to the City of Meridian, Meridian, ID, will be $50 plus postage. This agreement will be reviewed every three months for the first year, and annually thereafter. Cancellation of this agreement may be given by written notice from either party with 48 hour advance notice. SIGNED: SIGNED: DATED: Idaho Power Company and the City of Meridian, Meridian, ID, enter into an agreement to provide Idaho Power Company pay station services as follows: Idaho Power Company will furnish: Signs Envelopes and postage for mailing receipts City of Meridian will fumish: Signs visible to the public Customer payment stubs and money collected to be mailed to Idaho Power Company daily Monthly payment to the City of Meridian, Meridian, ID, will be $50 plus postage. This agreement will be reviewed every three months for the first year, and annually thereafter. Cancellation of this agreement may be given by written notice from either party with 48 hour advance notice. SIGNED: SIGNED: DATED: Idaho Power Company and the City of Meridian, Meridian, ID, enter into an agreement to provide Idaho Power Company pay station services as follows: Idaho Power Company will furnish: Signs Envelopes and postage for mailing receipts City of Meridian will furnish: Signs visible to the public Customer payment stubs and money collected to be mailed to Idaho Power Company daily Monthly payment to the City of Meridian, Meridian, ID, will be $50 plus postage. This agreement will be reviewed every three months for the first year, and annually thereafter. Cancellation of this agreement may be given by written notice from either party with 48 hour advance notice. SIGNED: SIGNED: DATED: ~ ~ ® . 0 PAY STATION AGREEMENT Idaho Power Company and the City of Meridian, Meridian, ID, enter into an agreement to provide Idaho Power Company pay station services as follows: Idaho Power Company will furnish: Signs ~ . Envelopes and postage for mailing receipts City of Meridian will furnish: Signs visible to the public Customer payment stubs and money collected to be mailed to Idaho Power Company daily Monthly payment to the City of Meridian, Meridian, ID, will be $50 plus postage. This agreement will be reviewed every three months for the first year, and annually thereafter. Cancellation of this agreement may be given by written notice from either party with 48 hour advance notice. SIGNED: SIGNED: DATED: • 0 PAY STATION AGREEMENT Idaho Power Company and the City of Meridian, Meridian, ID, enter into an agreement to provide Idaho Power Company pay station services as follows: Idaho Power Company will fumish: Signs Envelopes and postage for mailing receipts City of Meridian will fumish: Signs visible to the public Customer payment stubs and money collected to be mailed to Idaho Power Company daily Monthly payment to the City of Meridian, Meridian, ID, will be $50 plus postage. This agreement will be reviewed every three months for the first year, and annually thereafter. Cancellation of this agreement may be given by written notice from either party with 48 hour advance notice. SIGNED: SIGNED: DATED: ~ ~ ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL LANGLY ASSOCIATES, INC. ANNEBATION AND ZONING AND CONDITIONAL USE NE CORNER OF OVERLAND AND EAGLE ROAD SOUTH WEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN. ADA COUNTY. STATE OF IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of, 7:30 o'clock p.m., the Petitioner appearing through Russell C. Keithly, and the City Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council makes the following: FINDINGS OF FACT A. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior tb the public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that this application was heard before the Planning and Zoning on May 9, 1995 and was tabled to June 13, 1995, and at the June 13, 1995, meeting additional comments were received and the Commission moved to have Findings of Fact and Conclusions of Law prepared for the July 11, 1995, meeting; at the July 11, 1995, meeting the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 1 • matter was tabled again because the Ada County Highway District Commissioners would not be acting on the"matter until the end of August, 1995; the ACRD comments were finally received on August 24, 1995, and the matter having been duly considered at the May 9, 1995 and June 13, 1995, hearings and the public having been given full opportunity to express comments and submit evidence; and copies of all notices being available to newspaper, radio and television stations, the City Council hereby takes action on the Findings of Fact and Conclusions of Law. B. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 73.5 acres in size. C. That the property is presently zoned by Ada County as R-T (Rural Transition); that the Application requests that the property be zoned General Retail and Service Commercial (C-G) and has requested a conditional use permit to allow retailers; that the Applicant has stated in its Application that it is proposed that a retail center of approximately 700,000 square feet be developed on this site; that the type of center proposed is called a "Power Center"; that Attachment 4 to the Application is a generic description of a Power Center; the Applicant listed the categories of tenants anticipated to be located in the center in Attachment 5; the Application is incorporated herein as if set forth in full. D. Adjacent to this development is the I-84 Interstate freeway and major arterials of Eagle and Overland Roads; that to FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 2 • the north, across the freeway, is the proposed St. Luke's Medical campus; that to the east and abutting the subject property are large lot single family residences; to the south is land used agriculturally; and to the west is land used for an interstate on and off ramp. E. That the property is adjacent and abutting to the present City limits. F. That Langly Associates, Inc., is the Applicant; that the owners have consented to the application and have requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. G. That the owners are the Doris Rathleen Oliason Family Trust, Virginia Jennison, Trustee, Rackham L.L.C., a limited liability company, and Dolores M. Hartman, who have granted permission for the annexation and zoning request. H. That the Applicant's annexation and zoning application stated that the present use of the land is agricultural; there is one single family home on the west side of the property, the Rackham residence. An approximately 400 lineal feet entry road is proposed to cross the eastern most portion of an acreage that has one single family home, the Delores Hartman residence. I. That the proposed use is for a commercial retail center, called POWER CENTER; that the Applicant lists the following as a characteristic that make it desirable to be zoned C-G: "The property is located at one of the most prominent intersections in the area." I-84 at Eagle Road, and Eagle Road/Highway 55. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 3 • J. That Russell Keithly, the Applicant's representative, testified at the Planning and Zoning hearing that Overland Road would be five lanes at their property; that there would be separate buildings for deliveries; that the larger tenants would be in the eastern portion of the project; that there would be an architectural committee and guidelines; that the Meridian codes would be exceeded; that there would be a two to four foot berm with a four to six foot fence; that there would be as much buffering as they could put in; that there would be a wall so that there would be no view of Interstate 84; that the entry road would be 400 feet long with a three to four foot berm plus a rock wall; that the wall along Interstate 84 would be at least six feet high; the highest building would be 30 feet, except for parapet walls; he showed pictures of the concept of the buildings; there would be metal siding, an agrarian theme, roofs and masonry would have varied colors; that this was a mixed/planned use development area which had a priority for development in the comprehensive plan; that traffic projections were submitted to the Ada County Sighway District; that traffic would be from a four mile radius, but they will pull from a large trade area; that Overland would be five lanes, but not to meet their schedule; their intersection would be signalized; that there would be no access to the site from Eagle Road; that they would put in what the Meridian Fire Department wanted and would pave if required; that they had no concerns with the Meridian staff comments; that construction would be started by spring; that there would be stores by Christmas of 1996; that they FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 4 have no tenants now but they would be lined out before construction commenced; that it was likely that there would be no firm commitments and no names would be released until annexation and zoning were completed and commitments signed. He specifically stated, in part, that most of their property is designated mixed planned use development area, that there is a great variety that is allowed and we believe what we are doing is probably the least impactful and economically most beneficial to the community. R. That Mr. Keithly testified before the Council that the traffic analysis done by Bell Walker, and their traffic engineer, are convinced that a single point of access will handle the traffic but that it is not their choice; that a second point of emergency access into the site which is a road running parallel with Eagle Road, will remain as an emergency access, although the turning movements conflict; that with regards to his earlier testimony he included items that were specifically related to the conditional use; he stated that extensive hydrologic studies will be done and that ground water conditions can be dealt with accordingly; that the developer felt that more space being converted from retail to office was not a viable solution in combating the traffic issue; that while retail puts more total trips on your streets it puts far fewer trips versus none during the a.m. peak; that if the spaces were to be made for offices, there would be a tremendous amount of conflicting trips during the a.m. and p.m. peaks; that a retail center during the critical periods provided less traffic than an FINDINGS OF FACT AND CONCLU8ION8 OF LAW - LANGLY PAGE - 5 office center. L. There were several property owners in the immediate area who testified at the May 9, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: 1. Robert Cox testified that he was a fifteen year resident; that he lived in Jewell Subdivision; that there was insufficient infrastructure in Ada county; that Five Mile Creek cuts the property; that emergency service was inadequate; traffic was too high; that sidewalks should be required; that reduced speed limits were needed; power lines were inadequate; sewage could be a problem; private well and septic systems should be protected; that the lands drains to Jewell Subdivision; that lighting is a problem; that police and fire were insufficient to handle the development; that the costs for infrastructure would be prohibitive; that he had negative connotation of the property; that the southwest or southeast quarters of Overland and Eagle would be a much better location; that this parcel should be City park instead. 2. Jim Rogers testified that he represented about 40 residents on the Rolling Hill/Jade/Onyx/Topaz area; that a petition and written statement were presented to the Commission; that the neighbors who signed the petition are united in their opposition to Langly Associates, an out of state developer; that the negative aspects of this kind of development is vandalism, gangs, mall rats, bomb threats; that this will certainly place an additional workload on the Meridian City Police as well as other emergency response groups; that the objective stated in the Comprehensive Plan of the preservation of the Meridian Old Town Business District will be only devastating to this existing infrastructure; that the massive impact of traffic, light, noise and air pollution; that the suggested buffer is not of significant distance and the residents believe there to be a better place where this development can be located. 3. Karen Gallagher, of the Ada County Highway District, testified that the District had just received the traffic study from the Applicant on FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 6 • May 5, 1995 and requested the Commission to table it until the Commission's next regularly scheduled meeting, June 13, 1995. At the June 13, 1995, hearing, Ms. Gallagher stated that the District had not acted on this application, that it was tabled in order to accommodate people from the public who would like to speak but she did have staff recommendation update. 4. David Lewis testified that he is in support of the I-84 Power Center; that the Center will produce commerce for the City of Meridian and offered his written testimony to be included in the record, which is incorporated herein as if set forth in full. 5. Katherine Mooney testified that she represented Mr. Griffon, owner of the southwest corner of Eagle Road and Overland Road, consisting of 80 acres, and offered Mr. Griffen's written support of this development which is incorporated herein as if set forth in full. 6. That Pam Haynes testified that this development borders her property which was purchased 11 years ago and believes this annexation will have a definite impact on her and the developer is only out for a profit. 7. Cameron McGough testified that the section of Overland Road between Locust Grove and Cloverdale, those two ( 2 ) miles, are not in the 5 year plan; that the draft of the Ada County Highway District's transportation study needs to be thoroughly looked at and at this time accesses are inadequate and obvious spin off will occur. 8. Virginia Jennison, trustee of Doris Kathleen Oliason Family Trust, owner of the North 1/2 of the SW 1/4 of Section 16, testified as to the history surrounding the land/farm her parents had started on in 1919 and that she is in support of this development and believes it will help the tax base in Meridian and do a lot for the community. 9. Kenneth Higgs testified to being in favor of the Center; that the taxes raised by this Power Center will help the City. 10. Bob Mitchell, former general manager of the Boise Town Square Mall testified in support of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 7 • proposed development; base; that he suggeste landscaping as in the impact to the residents bad as they think. that this broadens the tax d that by the creative use of Town Square Mall, that the in this area will not be as 11. Randy Schindel and Kimberly Keller testified regarding the crime issue that comes to a facility of this size; that although they are in favor of seeing growth, with growth comes crime; that Ms. Reller testified that one entrance won't handle the traffic . 12. Jim Ballantyne testified that development is certainly coming and sympathizes with those residents who see their lives impacted by this development; that a wise decision needs to be made regarding the traffic patterns and the least impact possible on the community. 13. Richard and Barbara Lavender, land owners at Overland and Eagle Road, Fred and Molly Nakaji, residents of Wilton, California, and Christopher Repus, a resident of Elk Grove, California, but a former resident of Boise and a current land owner in Meridian, submitted written testimony in favor of this project, which is incorporated herein as if set forth in full. M. There were several property owners in the immediate area who testified before the City Council about the Application; the testimony can be summarized as follows: 1. That Robert Nelson testified before the City Council stating that he has no problem with the Oliason's developing their property, but that he does have a problem with a shopping center with a single entrance; that something. with less traffic impact such as an office complex, light industrial, would be more ideal; that he would like to see this tabled until plans can be compared as to which location would serve Meridian the best. 2. That Larry Strow, of the Transportation Department testified that there are some concerns at the Eagle interchange; that a condition be made of the Council's approval that the installation of another signal and possibly in the distant future another left turn lane be instituted to help work out some FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 8 • • of the congestion problems; he indicated that these opinions are based on Bell Walker's projected traffic report but that the Idaho Transportation Department has done no work at all in looking at what the potential build out for this project in this area might be or how it would affect the interchange. 3. That Jim Rogers testified before the Council adding to his earlier testimony before the Planning and Zoning Commission; he stated that that he is a registered professional geologist in the State of Idaho with 20 years experience; he addressed the storm water run off; that since the Nampa and Meridian Irrigation District will not allow non- treated run off to be placed into the Five Mile Creek that a retention basin will most likely be required; that at the present time the static ground water level in the property just east of the development, is at a high elevation area at 25 feet below ground surface; that in the lower areas to the south of the development the ground water surface is at about 10 feet below ground surface; that if the developer puts in a retention basin that means in some cases there will probably not be more than 5 feet of soil between the bottom of the basin and the regional ground water table in that area; that since no detailed studies of ground water hydrology have been made in this area, there is no idea which way ground, water moves which means if the developer retains the water in a storm water basin such, as in Fred Meyers at Five Mile and Overland, a real potential exists for parking lot contamination to enter the ground water system; that real property located on the east, south and west of this proposed development all depends on water wells for their local water supply and regardless of which way the water table moves a very real danger exists for water pollution to enter the domestic wells, which in the upper part of the Rolling Hills Subdivision are about 90 feet in depth and in the Jewel area some wells are a bit deeper; that the property owners in the Rolling Hills and Jewell Subdivisions request that the developer be required to have a complete hydrological study completed as well as a series of ground water monitoring wells be placed around the east, south and west side of the proposed development to facilitate long term monitoring; that the Jewell and Rolling Hills Subdivisions are on septic tanks and currently have a good buffer FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 9 • between the tanks and the water table. 4. That Hetty Bermensolo, spokesperson for the Southwest Ada County Alliance, whose boundaries are south of the freeway all the way to Runa, east to Cole/Curtis area and west to Ada County/Canyon County line testified at length and her testimony, which is in the minutes of the meeting, is incorporated herein as if set forth in full; that her testimony included that the developer of this project was asked to present this proposed development before the Alliance's board of directors, but had not done so and that the area would lend itself better to the use of medical office space. 5. That James Ballantyne testified that he is in favor of this project; that it is a way for the school system to get more tax dollars to build much badly needed schools. 6. Pam Rogers testified stating that the reason Meridian's bond issues have been defeated is that the taxpayers telling Meridian City to slow down development; to let services such as schools and roads catch up; that the development of more subdivisions brings in more students indicating a need for a higher tax base such as this proposed development. 7. Jack Miller testified that progress is something nobody likes, but it's here and it isn't going to change; that this mall proposal by Langly and the mall approved at Fairview and Eagle will be beneficial to the City of Meridian by bringing in some tax revenues before it's too late to do something about it. N. That the Meridian Police Department, Meridian City Engineer, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and the Idaho State Transportation Department submitted comments; that those comments are incorporated herein by this reference as if set forth in full. O. That the comments of the Ada County Highway District, FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 10 ~ ~ have been incorporated herein as if set forth in full, but the Facts and Findings included the following: 1. From the Facts and Findings, general Information, it is stated in paragraph d. that the site's exposure to the Interstate Highway makes it highly desirable for the type of land use being proposed, however the site's single point of connection to the arterial system causes severe problems of traffic dispersal. It would be much better if the project were to be located on a site that has direct access to two (or More) arterials instead of one. In paragraph G. it is stated that this project is forecast to cause 13,145 trips per day on Overland Road east from the Eagle Road intersection and 13,217 trip's per day west of Eagle Road. Although the traffic volumes are within maximum desirable thresholds on the roadways, the inordinate number of turning movements at the site's driveway and the Overland/Eagle intersection require special intersection design. 2. The report stated several alternative actions, which included alternative G. and I. Alternative G. was to accept the project with the regular impact revenue that will be collected, recommending to the City of Meridian that the developer be required to construct the site related improvements to Overland Road and to the Overland/Eagle intersection, including the additional lane on each leg of the intersection. This action will replace the lost unused capacity at the intersection, but will make no provision for other growth in the area. An alternative to this option would be to establish for the four square mile area a separate impact fee benefit zone and commit all of the impact fee revenue from the new zone to construct arterial improvements only within the zone as development projects into the balance of the Meridian area, since it would take revenue that currently go to the construction of those projects. And Alternative I. was to require the developers of all property in the impact area (and District wide) to replace a pro-rata share of the then available unused capacity of all intersections and roadways. The unused capacity would be quantified, including a reserve for background District wide traffic and adjusted downward as each property in the effected area is developed, so there would be no unused capacity in the system when the area is 100 percent developed. 3. The ACRD staff recommended that a combination of G. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 11 • • and I. be adopted for this and future applications in the area. Accept the development(s), requiring the developers to make whatever improvements to the system are necessary to mitigate their site related impacts and replace any unused capacity in the system that their development uses up. Use regular impact fee revenue to make needed capacity improvements as funds are available and the commission budgets funds for the improvements. This will result in the public having to cope with deficient levels of service in some cases until revenue is available to make the required improvements. 4. The report included Site Specific Requirements, that included the following: a. The access road shall have three southbound traffic lanes and two northbound traffic lanes. The existing (southbound) lanes shall include two left turn lanes, and one right turn lane. b. Dedicate 54-feet of right-of-way from the centerline of Overland Road. The owner will not be compensated for this additional right-of-way. c. None of the above roadway improvements described above will be eligible for impact fee offset or reimbursement. R. The Assistant City Engineer, Bruce Freckleton, commented that an annexation perimeter legal description for the proposed site be submitted and it shall include all portions of the adjacent Public Rights-of Way contiguous to the Corporate City Limits; that one half (1/2) of all other adjacent right-of-way shall be included in the perimeter legal description; that any existing irrigation or drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance; that any existing domestic wells and/or septic systems shall be removed from their domestic service except for purposes such as landscape irrigation, per City Ordinance; that off-street parking shall be provided and/or as detailed in site-specific 'requirements per City FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 12 Ordinance; that paving and striping, lighting, and signage shall be in accordance with City Ordinances; that a drainage plan designed by a licensed architect or engineer is required and shall be submitted for all off-street parking areas; determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist; that water service to this development is contingent upon positive results from a hydraulic analysis by computer model; that a 100' x 100' well site shall be donated to the City of Meridian at the proposed site and shall meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian; that the Applicant will be required to construct 12 inch diameter water mains from the City's current points of terminus in Overland Road and Eagle Road to and through the proposed site creating a "loop" crucial to the water serviceability of this site; that sewer service will be via the Five Mile Trunk Sewer main currently under construction for the St. Luke's West Medical Center and that Applicant will be responsible to construct any lateral lines from the point of St. Luke's serviceability to and through the proposed site and that assessment fees for water and sewer service shall be determined during the building plan review process; that "Late Comers" fees will also be charged against this parcel to help reimburse the installation. L. That the Idaho Transportation Department commented that the developer be aware that no access will be permitted to I-84 or Eagle Road, both of which are full control accesses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 13 • • M. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. N. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 0. That the property could be physically serviced with City water and sewer, if applicant extends the lines. P. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. Q. That the following pertinent statements are made in the Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 14 retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be ca=efully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site iaaprovements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or esistiag residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 2. Under LAND USE EXISTING CONDITioNS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Mag The proposed future land use delineation`s for the impact area are shown oa the Comprehensive Plaa Map - Generalized Land Uses, The lead use element FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 15 C, J n LJ is based upon these objectives: 1. Mired-planned uses along the I-84 corridor, which are attractive and compatible with high- volume traffic corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) MIXED-PLANNED USE DEVELOPMENT, Page 27 Franklin, Overland/I-84 Mixed Use Policies 5.8 Development is these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plaa policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including scr®en plantings, open space and other landscaping techniques. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 16 5.10 Development should be conducted under Planned [snit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously-developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mired-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/T-84 interchange is a priority development area. (Emphasis added.) Rural Areas, page 29 Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 17 • 3. Under TRANSPORTATioN, Page 43 Existing Conditions a. Eagle Road, North of Overland, is listed as a principal arterial b. Overland Road, East of Linder, is listed as a Minor arterial. 4. Under COMMUNITY DESIGN, at Page 70 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. SAecial Community Design Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entryway Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 18 • and residents to Meridian. City-designated gateway arterials include the following streets: a. I-84 (East and West entrances) f. Eagle Road (North and South entrances) g. Overland Road (East and West entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), coffiercial signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. Policies 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Ouality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Neighborhood Identify Goal Policies, 6.4U Limit the conversion of predominantly FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 19 C~ • residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. R. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area and a commercial designation is just to the southwest of the parcel. S. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: "~(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development."; that although not requested by Applicant, Regional Shopping Center Business District is defined in 11-2-408 10. as follows: "~(RSC) Regional Shopping Center Business District - The purpose of the (RSC) District is to provide for and permit the establishment of general and retail business uses that are intended to, and will serve, the entire region of the Treasure Valley; to permit business uses that would be of a larger scale than in the Community Business District; to permit the development of a regional shopping center or mall with adequate off-street parking facilities and associated FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 20 • • site amenities to serve customers and employees; to prohibit strip commercial; and encourage the clustering of regional commercial enterprises. All such districts shall be located in close proximity to major highway or principal arterial streets. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian." T. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district and are listed as a conditional use in the Regional Shopping Center district. U. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 21 • "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and compliunentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." and a Planned Commercial Development is defined as follows: "Any development in which the principal use of land is for commercial purposes." V. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 22 • increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreation] services for people that are here, and which will come here. W. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. X. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." Y. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from FINDINGS OF FACT AND CONCLU8ION8 OF LAW - LANGLY PAGE - 23 • residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." Z. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" AA. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." AB. That Section 11-9-605 L states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 24 • "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." AC. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." AD. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." AE. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 25 • 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C." AF. As stated above in Paragraph C, the Applicant submitted materials on the conditional use application for location of buildings, parking and loading areas, service roads, traffic access and traffic circulation, open spaces, storm retention areas, utilities, signs and yards; that such material on the conditional use is incorporated herein by this reference as if set forth in full; that the Applicant submitted materials on the conditional use request but did not specifically address the conditional use at the public hearing. AG. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. corrcLVSIONs A. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLVSIONS OF LAW - LANGLY PAGE - 26 C B. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. C. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. E. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. F. That the land within the proposed annexation is contiguous to the present Fity limits of the City of Meridian, and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant with the consent of the property owners, and is not upon the initiation of the City of Meridian. FTNDING3 OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 27 H. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. That the development of annexed land must meet and comply, with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. J. That this Application has been difficult for the Commission and City Council to decide because of opposition to the Applications; that the Commission and City Council understand the objections and sympathizes with them on an individual basis; that the duty of the Commission and City, however, is not to be 'controlled by the interests of individual property owners and their concerns; that the duty of the Commission and City Counsel is to assess the applications on the basis of the overall good of the City and its citizens; that the Comprehensive Plan and the Ordinances of the City have measures to try and insure that adjacent property owners are impacted by development as little as possible; that it is with this duty and background that the Commission and City Council has undertaken to make these Findings and Conclusions. FINDINGS OF FACT AND CONCLUSTONB OF LAW - LANGLY PAGE - 28 R. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. L. The Applicant has stated and represented that its intention is to construct and operate a 700,000 square foot retail shopping center and has stated that the area is designated in the Comprehensive Plan as a Mixed/Planned Use Development area which requires planned use development; the Applicant has requested zoning of General Retail and Service Commercial (C-G), which does not allow for a community shopping center but does allow for a commercial planned development; the Applicant has requested a conditional use for a retail project of 700,000 square feet. M. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, but has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use. N. That the Comprehensive Plan calls for Mixed/Planned Use Development at the northeast corner of the intersection of Overland and Eagle Roads; that a shopping center could be allowed in the C-G district under a Planned Development procedure; that FINDINGS OF FACT AND CONCLU8ION8 OF LAW - LANGLY PAGE - 29 • C~ the Applicant suggested that it would develop the area of the property planned for a shopping center under a planned development procedure, when it applied for a conditional use permit. O. That it is concluded that the City could annex the property and zone it C-G but the Applicant could still not " construct a community shopping center, because under 11-2-409 a community shopping center is not an allowed use; but under C-G zoning, a Planned Commercial Development is a permitted use, which would allow the Applicant to develop a 700,000 square foot commercial center. P. That it is concluded that since the Applicant has suggested that it would develop the property as a planned commercial development and since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Franklin, Overland/I-84, in 5.14U, states that all development requests will be subject to ' development review guidelines and conditional use permit processing, and the City should have control over any uses that are to be placed on the land, it is therefore concluded that the development should be conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district. Q. Therefore, it is concluded that since the Applicant has FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 30 C~ stated that it is agreeable to developing the property as a retail center under a commercial planned development process, the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a Planned Commercial Development. R. That, as a condition of annexation and the zoning of C- G, with development under the Planned Commercial Development standards and guidelines, the Applicant is required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. (See Section S. 3. below.) c. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. The concerns of the owners of property in Jewell Subdivision concerning sidewalks, drainages, lighting, noise, and buffering; that also of concern to the City is having lights, particularly automobile headlights, shine into the yards and homes in Jewell Subdivision and other adjacent homes and measures shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 31 • • undertaken prevent this. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearings. 4. Addressing access linkage, screening, and buffering. 5. An impact fee, or fees, for park, police, and fire services as determined by the City. 6. Appropriate berming and landscaping. 7. Submission and approval of plats for the property. 8. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing a 35 foot landscaped setback and landscaping the same. 11. Addressing the comments of the Planning Director. 12. The sewer and water requirements. 13. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 14. Traffic plans and access into and out of the development. 15. Meeting the representations made as part of the application and hearing process. 16. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 32 • • S. That also as conditions of annexation, the Applicant shall submit to the City and have approved by the City Council prior to submitting any plats, conditional use applications, or building plans, the matters set forth below; it is to be noted that some of these items below have been dealt with, or partially dealt with, in the paragraph above but the below paragraph shall be controlling: 1. A plan, with dates of completion, for buffering all adjacent residences. 2. A hydrologic study, with dates of completion, for the area included in the annexation and zoning request. 3. A plan, with dates of completion, for storm water runoff, dispersement and/or storage and a drainage plan designed by a licensed architect or engineer for all off-street parking areas. 4. A plan, with dates of completion, for location, drilling and construction of ground water monitoring wells and well houses, one for each of the fours sides of the development. 5. Submit a profile of the subsurface soil conditions as prepared by a soil scientist to be submitted before submittal of any plats, conditional use applications, or building plans. 6. Prior to submittal of any plats, conditional use applications, or building plans, donate to the City of Meridian a 100' x 100' well site at the proposed site and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian. T. That as a condition of annexation and zoning the Applicant shall plat the property and submit applications FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 33 C~ • therefore to the City, submit conditional use applications for all development on the property, that all buildings and/or structures shall be subject to design review, and that Applicant ehal~l meet all of the comments of the staff of the City. U. Also, as a condition of annexation and zoning, the Applicant shall meet all of the requirements of the Ada County Highway District and the Idaho Department of Transportation. V. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to the preliminary plat being approved. W. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian and should be enacted. X. That regarding the conditional use permit request for retailers, it is concluded that Russell Keithly, a representative of the Applicant, stated that Applicant desired to develop the retail center under a commercial planned development; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 34 • Planning and Zoning Commission concluded that if the Applicant agreed to develop the all of the property as a commercial planned development and enter into a development agreement, the property would then be annexed and the Applicant could pursue the development; that it is concluded that under a conditional use and a development agreement, the same controls on the retailers could be had by the City as under a planned unit development for the developer. Y. That it is concluded that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development is a permitted use in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas on Franklin, Overland and I-84 will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to allow the use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 35 • • c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available if the Applicant extends the lines. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Z. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement should be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 36 • • AA. That the requirements of the Meridian City Engineer's office, Meridian Fire Department, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed. AB. That Applicant and the City should address the requirements and policies listed on Page 27 of the Meridian Comprehensive Plan for the of mixed-planned use development and t all proposed uses shall obtain conditional use permits and all buildings and structures shall be subject to design review. AC. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. AD. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. AE. That proper and adequate access to the property is a problem; that the Ada County Highway District has approved the development with only one road for ingress and egress; it is concluded that this one road will allow development, but at least one more access for ingress and egress would make the development more acceptable to the City and Applicant should take all FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 37 measures to obtain additional access; it is concluded that this additional access should not be a condition of annexation, but that all efforts to obtain the access should be undertaken and performed. AF. That these conditions shall run with the land and bind the applicant and its assigns. AG. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C-G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. AH. That if these conditions of approval are not met, the property shall either not be annexed and the conditional use permit shall not be granted or the property shall be de-annexed and the conditional use permit revoked. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN CORRIE COUNCILMAN TOLSMA COUNCILMAN YERRINGTON COUNCILMAN MORROW MAYOR RINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 38 DECISION • The Meridian City Council of the City of Meridian hereby decides that the property set forth in the application is approved for annexation and zoned General Retail and Service Commercial (C-G) with a conditional use permit issued, under the conditions set forth in these Findings of Fact and Conclusions of Law; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable with entering into a development agreement, the property should not be annexed. There shall be no development or use, whatsoever, of the property for anything other than a Planned Commercial Development with conditional use permits required for the specific uses. MOTION: APPROVED:~~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 39 • ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF PAISANO'S RESTAURANT FOR A VARIANCE FROM 11-2-414 D AND ADD ADDITIONAL CUSTOMER SEATING OUTDOORS N. E. CORNER OF EAST 1ST STREET AND PINE STREET ALBERT W. AND SUSAN M. BERNER AND MARIE D. NANNT FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for hearing on October 17, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Al Berner, appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that 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. l.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 1 3. That the Applicants request a variance to allow A street parking and a variance to permit limited outdoor seating on the sidewalk at 906 E. 1st Street during warm weather months, approximately 4 to 5 months out of the year. 4. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 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. 11-2-414 also requires that the parking be paved. 5. That the present use of the property is Val's Furniture and Appliance Store; that the intended use is for a full service, family-owned, Italian Restaurant; that this property is located within the City of Meridian and the Applicants are not the owners of the property but they do have a lease with the owners; that the owners of the property are Loyd E. and Sally M. Jones. 6. That the proposed restaurant location is situated less than 300' from the Valley Shepherd Nazarene Church; that there is no off street parking for the subject property and limited marked parking spaces in front of and on adjacent streets. 7. That the Applicant testified before the Planning and Zoning Commission that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 2 • • that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that lighting will basically be the same as presently exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 8. That the Applicant stated before the Council that between 5:30 p.m. and the proposed closing at about 9 or 10:00 p.m. on Friday and Saturday, the intersection at E. 1st Street and Pine Avenue is virtually vehicle free; that the existing businesses in the area are generally closed when Applicants would be operating, except lunch time, and that nearly all of the marked parking spaces are empty as well as those that are parallel parking down Pine Avenue; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 9. That regarding the outdoor seating, the Applicant stated in the application, that this location provides adequate sidewalk space for some outdoor seating with consent from the Ada County Highway District; that it may be expected of a food or beverage establishment to provide outdoor seating if possible; that the additional seating would also add some charm to the Old Town District; that this type of restaurant currently does not exist in Meridian and the Applicant's believe this to be a welcome addition to the community and to the district. 10. That the Applicants have requested that a variance be PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 3 granted from the above Ordinance requirements so that they will not be required to meet the on-site parking stalls required by the City Ordinance due to the size and location and the required landscaping easement by the City. 11. The property in question is described in the variance application and is incorporated herein as if set forth in full. 12. That the Meridian City Police and Fire Departments and Central District Health submitted comments and they are incorporated herein as if set forth in full. 13. That when comments are received by the Meridian Planning Director, Shari Stiles, the City Engineer's Department and the Ada County Highway District, they too'shall be incorporated herein as if set forth in full. 14. That there was no other public comment at the public hearing. CONCI~U$ION$ 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 4 • 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the 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 statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That 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 conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 5 LJ 6. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted. 7. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable; there clearly is not enough land to place off-street parking on. b. That strict compliance with the requirements of this off- street parking Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the variance would not have the effect of altering the interests and purposes of the off-street parking Ordinance. 8. That it is concluded that the Application for a variance from 11-2-414 E 2.b. (2), OFF-STREET PARKING, should be granted. 9. That regarding the outside seating, the conditions shall be as follows: 1. The tables and chairs shall not block the exit doors at any time. 2. The tables and chairs and the people sitting in them shall be located within five and one-half (5 1/2) feet of the bar and grill building, as stated by the Applicant. 3. There shall be a pedestrian traffic lane, on the sidewalk, not including the Ada County Highway District, of at least seven and one-half (7 1/2) feet. 4. That the Applicant may sell or serve, or allow to PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 6 • • be consumed, alcoholic beverages on the sidewalk and outside of the premises of Paisano's Italian Restaurant, but within the confines of the perimeter of the restaurant for the hours set forth below; therefore Applicant shall obtain an amendment to its beer and wine license prior to conducting business on the sidewalk. 5. That the Applicant may operate on the sidewalk, in the designated area, from 10:00 a.m. to 10:00 p.m. 6. That the tables and chairs shall be stored inside from 11:00 p.m. to 9:00 a.m. and shall not be on the sidewalk between those hours. 10. That the Applicant shall meet the conditions and requirements of the Ada County Highway District and obtain approval of the State of Idaho liquor licensing department, the County of Ada, and the City of Meridian for the sale and serving of alcoholic beverages in the sidewalk portion of the business. 11. That if the Applicant is not in agreement with the above conditions, the variance to hold outdoor seating during the warm weather month should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions of Law. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 7 • DECISION • Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414 E 2 . b. ( 2) , OFF-STREET PARKING is approved and that the variance requested by the Applicant to extend the business to include outside seating during the warm weather months as described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. APPROVED : d='=H= DISAPPROVED: PAISANO'S - VARIANCE FINDINGS & CONCLUSIONS Page 8 j • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF RUSSELL HUNEMILLER FOR A VARIANCE FROM THE 11-9-604 I. 1. RECORDING OF FINAL PLAT FOR MERRYWOOD SUBDIVISION #3 and 4 AND CHANGING NAME TO MORNING GLORY SUBDIVISION #1 and 2 FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 17, 1995, at approximately 7:30 p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I. 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 1 a • D., and 11-9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-604 I. 1., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that Russ Hunemiller testified at the October 17, 1995, hearing stating that he was not the owner at the time of the preliminary plat approval, and he is now taking over the Subdivision and requests a one year extension and that the name of the Subdivision be changed to Morning Glory 1 and 2. 5. The antire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the Applicant is the property owner. 7. That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department commented that it did not have a problem with the variance; and that the Central District Health Department had no objections. 8. That the Ordinance requires that the plat be recorded FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 2 a - • within one year of filnal plat approval; that since the plats were approved on ~ , the plats should have been recorded on or before, that the ordinance also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one year. 9. That proper notice was given as required by law and all procedures before~~the City Council have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice of hearing on the pr:,posed variance to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City` has authority to grant variances pursuant to Section 11-2-419 of~ the Zoning Ordinance and pursuant to Section 11-9-612 of thle Development Ordinances. 3. That the CityiCouncil has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and, Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings; those of the Planning and Zoning Commission, FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 3 • governmental statute, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordllinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as la result of unique circumstances (such as topographic - physical limitations or a planed unit development), may grant variances from the provisions of this Ordinance on a findi g that undue hardship results from the strict compliance wi~h specific provisions or requirements of the Ordinance or tha application of such provisions or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 1 1 -9-61 2 A. 2. , I~FINDINGS No variance shall favorable acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of thus Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement i~volved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider becau~e of unusual topography, other physical conditions or of er such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 4 ~ ~ • Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 7. That there doffs appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is notgranted the Applicant would be required to go through the platting procedure again; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivisions were approved. 8. That regarding Section 11-9-604 A. 2. it is specifically concluded as follows: a. That there are. no special circumstance or conditions affecting the ~~roperty that the strict application of the provisions of 11-9-604 I. 1. would clearly be unreasonable. b. That strict co~pliance with the requirements of the 11-9-604 I. 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not', self-inflicted, but since there have been no significant Subdivision and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the v~riance. c. That the granting of a variance would not be detriment- al to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests end purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before October 17, 1996, and the requirements of 11-9-616 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 5 • shall be complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and change of name to Morning Glory 1 and 2, and all other ordinances of the City of Meridian must be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. Tf /1T T /1 T T T COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD VOTED VOTED VOTED VOTED (Tie Breaker) VOTED DECISION That it is decided the variance from the 11-9-604 I. 1. is hereby granted and the plat must be recorded on or before October 17, 1996, and name change to Morning Glory Subdivision 1 and 2. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - PREPARED BY JACK C. RIDDLEMOSER, Attorney at Law ~, • • BEFORE THE MERIDIAN CITY COUNCIL FARWEST DEVELOPERS ANNE$FITION AND ZONING C~Op~( N 1/2 SW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 15, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Marty Goldsmith, appearing and the City Council having duly considered the matter, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is LOS ALAMITOS NO. 3 - FF/CL Page 1 e. approximately 22.24 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Los Alamitos No. 1 and No. 2, which was previously annexed, is an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record are Gene A. Babbitt and Freda L. Babbitt who have consented to this Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the intended development of the property is for single family dwellings with a density of 2.6 dwelling units per acre; Applicant stated at LOS ALAMITOS NO. 3 - FF/CL page 2 the Planning and Zoning Commission hearing that he had reviewed all of the comments of Planning Director, City Engineer, and the Ada County Highway District and that there was nothing that he disagreed with or would not be complying with; that he was applying for an R-4 zone which has a 1,400 square foot minimum house size; that Los Alamitos No. 1 had a 1,500 square foot minimum; that there would be a perimeter fence; that 1,500 square foot homes, as a minimum size would be fine with him. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City sewer; that there is a question in the mind of the City Engineer, regarding water service and water service is contingent upon positive results from a Hydraulic analysis by the City's computer model. 12. That an irrigation canal, the Hunter Lateral, crosses the east end of this property with a south easterly to a northwesterly flow; that a previous developer applied for a variance from tiling this lateral which was denied. 13. That the testimony at the public hearing before the Planning and Zoning Commission was as follows: a. Karen Gallagher, of the Ada County Highway District testified during the Planning and Zoning hearing that the District had not yet finished their review of Los Alamitos No. 3; being discussed is just a minor detail of aligning with the stub street that LOS ALAMITOS NO. 3 - FF/CL Page 3 has been approved to Sundance to the north and the other issue is a little more complicated and involves the stub street to the east which is currently tagged as the school site. At the hearing before the City Council, Raren Gallagher testified to the concern of the District regarding the stub street lot to the east that would continue over through the school property possibly to a bridge to the Highlands; that in discussions with the District's Commissioners the determination that they have made and the preliminary plat was that street would be cul-de- saced and that no bridge connection or no bridge would be made over the lateral at that location; that the Commissioner's did approve it as a cul-de- sac without a connection continuing on for a bridge connection to the Highlands Ranch. b. Shari Stiles, Meridian City Planning Director, testified at the Planning and Zoning hearing on June 13, 1995, concerned that there is no vehicle access between the two (2) sections of the properties and also none to the school; that the concern of access from the neighborhood to the school is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance; that there is really no point in not allowing inter-neighborhood vehicle access. c. Lydia Aguerre testified at the P & Z hearing, June 13, 1995, that she approves the R-4 annexation if the house sizes are going to be 1500 square feet; that her concern lies where the water will come from and getting an average priced home in there; that Ms . Aguerre gave additional testimony before the City Council; that she questions her water rights and some private well owners in the area and is the pressurized irrigation going to effect those whose wells are not as deep; and what about storm water management and where will the rains run off to? d. Ted Hanson testified before the Council asking about check valves being installed; that the water transferring back through Goldsmiths pressurized line from his wells and whether this would contaminate the ground water of the private wells; also that his concern that his well is only allowed to pump a certain amount of water to irrigate and you can't draw more water than permitted and will LOS ALAMITOS NO. 3 - FF/CI. Page 4 • the State Water Quality Control check the valves on this well. e. John Shipley testified at the June 13, 1995 P & Z hearing with regards to pressurized irrigation and stated that this question came up in December 1993 and that Mr. Goldsmith was a bit perturbed about pressurized irrigation system and why was the. City making him do this and the conversation moved to surface water pressurized irrigation; that Mr. Shipley is. concerned what the City will do about using well water for pressurized irrigation since it was stated in the meeting that Mr. Goldsmith was to use surface water; that Mr. Shipley's other concern is with all the trash that blows out of the subdivision and collects against the fence lines and in the irrigation ditch causing delays because of clean up time. Mr. Shipley testified during the City Council's hearing, adding to his previous testimony, that the developer was told initially to use surface water for irrigation, that the well house sits in the middle of a cul-de-sac; that he is concerned with all the other subdivisions going on that they are not putting water back in the ground from surface water; that eventually this water will not get back into the ground because of the houses going in, taking up a place for water to soak and replenish the surface water. f. That at the Planning and Zoning hearing, Mr. Stoppello, owner of approximately thirteen (13) acres of land lying south of the Los Alamitos Park Subdivision and north of the Gem Park II Partnership land, submitted a letter stating that he is not opposed to the development but has a certain number of concerns, namely: 1. He would like to see this sewer access maintained for the future development of his thirteen (13) acres; 2. He would like to make sure the street alignments of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with his land prior to approval of their applications to not only insure compliance with ACHD, but provide for utility access for all development and; LOS ALAMITOS NO. 3 - FF'/CL Page 5 3. That he is in favor of maintaining R-4 standards. g. That Jim Lee testified before the Council asking whether of not Water Resource can come out and check the well more frequently. 14. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, Ada County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 15. That the Meridian City Engineer specifically commented as follows: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems shall be removed from their domestic service per city Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; c. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. That water service to this development is contingent upon positive results from a hydraulic analysis by computer model; e. That a determination of ground water level and subsurface soil conditions should be made. LOS ALAMITOS NO. 3 - FF/CL Page 6 f. Applicant will be responsible to construct the sewer mains to and through this proposed development via the existing mains installed in prior phases of this development; manholes shall be provided to keep the lines on the south and west side of the centerline; g. Applicant will be responsible to construct the water mains to and through this proposed development via existing mains installed in prior phases of this development; that the well proposed to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 16. That Shari Stiles, Planning and Zoning Administrator specifically commented stating as follows: a. That any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605; that regardless of ownership, the developer will be required to the the Hunter Lateral unless a variance application is submitted and approved by the City Council; b. That any existing domestic wells and/or septic systems within this project shall be removed from their domestic service except that the wells be used for non-domestic purposes such as landscape irrigation, per City Ordinance; c. That perimeter fencing is to be in place prior to obtaining building permits for housing; d. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.1.; e. That the Applicant is to enter into a development agreement as authorized by 11-2-416.L. and 11-2- 417.D.; that the Development Agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., R. and L, and the goals expressed in the Meridian Comprehensive Plan; f. That the Applicant indicates a minimum house size of 1,400 square feet; that Phase 1 development agreement and restrictive covenants require a minimum house size of 1,500 square feet; LOS ALAMITOS DTO. 3 - FF/CL pale ~ • g. That the Comprehensive Plan indicates that a school and park site is needed in this section; that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 17. That the Ada County Highway District submitted site specific comments that include a revised preliminary plat be submitted to include the following changes: a. Align Scaup Street with the approved stub street in Sundance Subdivision to the north; b. Cul-de-sac Cygnet Drive at its ease end since the site's east boundary abuts the future school site; c. Terminate Cygnet Drive in a cul-de-sac to avoid substandard angles at the intersection with Easy Jet Drive and; d. Shift the stub street to the south property line to the west. 18. The Meridian School District submitted comments in prior annexations in this area, that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help ,offset the costs of building additional schools. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- LOS ALAMITOS NO. 3 - FF/CL page 8 residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 20. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which .application included a preliminary plat. 21. That the land is adjacent to the land annexed and being developed as Los Alamitos No. 1 & 2, which is now in the process of development. 22. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . " 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service LOS ALAMITOS NO. 3 - FF/CL Page 9 • • Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 25. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 26. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those LOS ALAMIT03 NO. 3 - FF/CL Page 10 • moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 B 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community LOS ALAMITOS 1dO. 3 - FF/CL Page 11 r • (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedest=ian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That the Applicant has indicated that it would donate land to the City of Meridian and Joint School District No. 2, the LOS ALAMITOS HO. 3 - FF/CL Page 12 Meridian School District which land is adjacent to this subdivision and is, or will, be owned by Applicant; that Shari Stiles commented above that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. coNCLVSSONs 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that .exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. LOS ALAMITOS NO. 3 - FF/CL Page 13 ~ ~ 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring. annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District except as changed herein, Nampa & Meridian Irrigation District, Meridian Fire Department, O. S. West, LOS ALAMITOS NO. 3 - FF/CL Page 14 and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways, including the Hunter Lateral, shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L, M and the comments of the Planning Director, Shari Stiles; that if the land has surface water rights, those rights should be used for pressurized irrigation, and that since Applicant is now using well water from one well for pressurized irrigation in prior phases of this subdivision, and for Salmon Rapids Subdivision, it shall monitor its well, its use and water level, to ascertain the impact of its use of well water for pressurized irrigation on wells located on adjacent property; that Applicant shall obtain approval from the City for all equipment, method and means to perform the well monitoring; that the monitoring shall be performed bi-weekly during the months of April, May, June, July, August, September and October; that Applicant shall approach adjacent land owners to LOS ALAMITOS NO. 3 - FF/CL Page 15 • • obtain permission to monitor their wells on the same bi-weekly schedule; that two such adjacent well shall be monitored; if permission cannot be obtained Applicant shall not be required to monitor adjacent wells; that this monitoring of the wells shall go on until wells are no loner used for pressurized irrigation and shall also be addressed in the Development Agreement; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, .when required, any impact, development, or transfer fee, adopted by the City; that, as commented on by the Planning Director, evidence of transfer of school site property must be given prior to obtaining building permits for housing; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size requirements for the R-4 district may be increased as a condition of annexation and therefore the R-4 requirement of 1,400 square feet shall be exceeded so that the minimum house size shall be 1,500 square feet. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners and the school site, to be located in the area, will have to be worked out and included in the development agreement including a bridge and road over the Ridenbaugh Canal, or the property will not be annexed or, if LOS ALAMITOS DTO. 3 - FF/CL Page 16 annexed, it will be de-annexed; that the bridge and road over the Ridenbaugh Canal will or may have to be done in conjunction with the owner and developer of the land now being developed as the Eighlands Ranch. 16. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,500 square foot minimum sized houses, would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINO3 OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION AND RECONII~NDATION LOS ALAMITO3 NO. 3 - FF/CL Page 17 • ~ The City Council of the City of Meridian hereby recommends approval of the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including that the minimum house size shall be 1, 500 square feet, that Applicant shall construct a bridge and road which crosses the Ridenbaugh Canal, that surface water be used for pressurized irrigation if possible, that Applicant shall meet the provisions of the Conclusions regarding monitoring of well, evidence of transfer of school site property must be given prior to obtaining building permits for housing, and that the Applicant and owners be specifically required to the all ditches, canals and waterways, specifically including the Hunter Lateral, as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: ,f . T '~ LOS ALAMITOS NO. 3 - FF/CL DISAPPROVED: Page 18