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HomeMy WebLinkAbout1998 08-04Meridian City Council August 4, 1998 Page 1 MERIDIAN CITY COUNCIL MEETING AUGUST 4, 1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:33 p.m. MEMBERS PRESENT: Glenn Bentley, Charlie Rountree, Keith Bird, Bob Corrie. OTHERS PRESENT: Shari Stiles, Gary Smith, Bill Gordon, Angel Sims. Corrie: At this time I would like to recognize the Meridian Swim Team, and the head coach is Annie Chandler. Is she here tonight? Annie, I'm going to come down there. For the public information tonight the Meridian Swim Team placed 4th out of 10 teams. They've got the trophies. We're going to put those in city hall here and display them. Also 15 to 18 male free relay broke the city record. And also they were awarded the trophy for Sportsmanship. So I think we need to give them a big hand. And to show our appreciation the City of Meridian, Idaho certificate of appreciation this is to certify that the Meridian Swim Team appreciation in the willingness to make their team a success, distinguished service to this city and community as team players issue this certificate in recognition thereof. Dated this 4th day of August, 1998. Mayor Robert D. Corrie. Congratulations. All right item number one and five, we are going to ask the council if they would table those two items until the — Charlie if you want to — Rountree: Mr. Mayor I move that we table item number one for the ordinance to change the cross connection and backflows devices until our regularly scheduled meeting September 1 st and that item number five the amended Findings of Fact and Conclusions of Law for the annexation and zoning request for the Thousand Springs Subdivision be tabled until our next regularly scheduled meeting August 18th. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table item number one the cross connection and devices until September the 1 st and item number five, the amended Findings of Fact and Conclusions of Law for the Thousand Springs Subdivision until August 18th. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: At this time I would invite Lori Jones and Arden Davis for the presentation of the vision statement. Davis: Mayor Corrie, councilmen, it's a pleasure to be here again tonight and bring to you the results of our vision efforts and ask for your support and adoption of this as the vision statement for the City of Meridian. The vision statements Meridian City Council August 4, 1998 Page 2 reads as Lori is handing out here, Meridian is a vibrant community at the center of the Treasure Valley dedicated to embracing its heritage and providing a high quality of life where its citizens live, work and play. Whereas, the Meridian Vision Statement provides direction and feeling for our community, history, transportation, economic and commercial growth, housing, recreation, city services, culture, beautification and education contribute to achieving this vision. To fulfill our Meridian Vision Statement, the community needs to proceed with the consensus process to evaluate and make recommendations that lead to achieving our Vision. Whereas, the Meridian Vision Statement is a vision drawn from the consensus of our community, the individual areas need to be developed to support our Meridian Vision Statement. Cooperation, collaboration and consensus of the many constituents will lead to the successful implementation and achievement of our Meridian Vision Statement. Therefore, the request is made hereby for the Meridian City Council to adopt the Meridian Vision Statement as shown above; and, furthermore to support and call together such ad hoc committees as necessary to develop mission statements and to implement actions that will lead to achieving our Meridian Vision Statement. I hereby submit that for your consideration. Corrie: Thank you Arden and Lori. Davis: Are there any questions? Rountree: Do you have a short synopsis of the process that you went through to get the vision statement having participated in some of it, but not all of it. Davis: Back in October we gathered in these chambers to consider the direction the city needed to go with regard to some transportation issues and found that we needed to address a broader scope of what our community wanted to be. And in doing that we called together between 30 and 50 community citizens on a voluntary basis to 3 or 4 meetings, in which we used the facilitation of Claire Bowman the executive director of Ada Planning Association, Dr. Jim Weatherby from Boise State University, Dr. Dave Patton from Boise State University and Nancy Jones from Hewlett Packard to facilitate our meetings to draft this vision statement. It took a process of three nights to come together with a brainstorming, the condensing and then drafting of this final statement which was a consensus of those 30 to 50 people who participated over those several nights. And having achieved this, their efforts we have from their input the itemization of several emphasis areas there that need to be further developed for mission statements to draw into this vision statement to help us achieve they see Meridian ought to be in the year 2005 to 2010 which is our long term goal. It's a living process and one that we can contribute to and continue to develop as we go through. Meridian City Council August 4, 1998 Page 3 Rountree: Thank you. Davis: You're welcome. Corrie: Thank you Lori and Arden very much. I might add that one of the meeting that the ad hoc committee for some of this transportation is going to be changed. The meeting has been changed to the convention center on Carlton where the old school was. It's been refurbished. It will be at 7:00 in the auditorium area. There will be a statement in the paper on that as well. Rountree: I guess for my information, what's that consist of? Davis: The transportation ad hoc committee will be facilitated by Claire Bowman and that meeting will be on August 10th 7:00 p.m. there at the convention center. The initial meetings will deal with the process and also getting into the establishment of the concepts that go into that mission statement with Claire doing the facilitating. If it isn't achieved in the first meeting, in the first two or three hours, then we'll convene again as necessary until we have those things itemized. Corrie: And those will be presented to the council for their recommendation to the council. Rountree: And what's the process? Is there an established ad hoc committee now? Will this meeting be to establish the committee and who makes up the committee? Davis: I don't have the list of committee members with me, but the Mayor has a group of 10 or 12 folks that have been identified that will be serving on as ad hoc committee. The public is also invited to attend and as we facilitate input will be drawn from that committee and others who may want to contribute to the process. Rountree: And Mr. Mayor can I assume that you will share that with us? Corrie: Yes, you should have it in your box. Maybe my secretary didn't get it to you today. ITEM NO. 3: 1994, 1995, 1996 AUDIT BY GIBBONS, SCOTT AND DEAN LLP: Corrie: Council you have those three audit years in front. I would assume what we need now is that you accept these audits and make them available for public examination. Did you happen to get the letter from Gibbons, Scott and Dean, LLP from Jo Bolen in your files? Meridian City Council August 4, 1998 Page 4 Rountree: Yes. I have no further questions that what was provided by the City Treasurer the information. I don't have anything more to add to or question on the audit. Bentley: Is Janice still here? Corrie: I think she left with that swim team. Rountree: She may be outside. Bentley: Chief, could you go grab her if you could please? Rountree: She may have gone home. Corrie: She's not here. But there's no further questions, then I will entertain a motion that we accept the '94, '95, '96 audit. Bentley: What I was interested in was what the input is from the new auditing team and if they had any questions that needed resolved. Rountree: That's a legitimate point. We probably ought to have that information before we accept — K. Smith: I'm one of the auditors. I just happen to be here with a boyscout tonight. I can maybe answer your question. Bentley: My question was whether your organization had any questions unanswered questions under these three audits. K. Smith: I don't think the audits that have taken place. Right now the status of our audit, right now we're doing 1997, and we're going through a process of helping them close since this audit was so late coming in 1996 audit. There were several adjustments and entries that weren't made and then when we started we had to — we're basically working with 1996 numbers, and so we're in the process right now of getting the books up to date and just as of today and a little bit yesterday, we actually started the audit and should have that wrapped up by the end of the month for '97. Bird: At the end of the month, we'll have '97 audit. K. Smith: Right. Bird: Good, thank you. Bentley: So you have no problems with those three audits? Meridian City Council August 4, 1998 Page 5 K. Smith: No. Bentley: That was the question I had. Thank you. Rountree: Thanks for the info. Corrie: Any further questions? Rountree: Mr. Mayor, I would move that we accept the audits for 1994, 1995, and 1996 as prepared by Gibbons, Scott and Dean LLP. Bentley: Second. Corrie: Motion made and second that we accept the '94, '95, '96 audit as Gibbons, Scott and Dean LLP. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Mr. Mayor could you see that the fire fighters local gets a copy of all three please? Corrie: Yeah. Rountree: And that probably should be supplied to them by cover letter or certified mail. Corrie: I'll see that they get those tomorrow. Rountree: Mr. Mayor, excuse me and I know you are on a roll here, but I'd like to go back to item number two just get a general sense of where we're going with that. We've been asked to accept the vision statement by the visioning committee. Certainly we need to act on that request. I guess I'd just like to have a bit of discussion with council as to when you would like to act on that. Do you want to take it up under a planning session? Or do you want to contemplate and we'll discuss it and have it on the agenda meeting so we know how to schedule it. Bentley: My feeling is I'd like to move on it as soon as possible. Especially since they have these follow up meetings scheduled. So for the 18t" and we'll get a copy to Rod so he can review it. Rountree: If I might go back to that item Mr. Mayor would move that we table action on item number two the vision statement our regularly scheduled meeting t" of August 18 Meridian City Council August 4, 1998 Page 6 Bird: Second. Corrie: Motion is made by Mr. Rountree and second by Mr. Bird that we table the action on the statement until August 18th meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 4: AMENDED ORDINANCE #774 — REZONE CHERRY LANE BAPTIST CHURCH: Corrie: Is there any discussion on the amended ordinance #774 before I read the first part. Rountree: Mr. Mayor I have a question as to the status of the timing of this. I think this was discussed, time slips, but a good number of months ago. Has this just been tabled for some action or it's not been our agenda for months. If I might ask that question of Shari. She seems to want to tell me. Stiles: Mr. Mayor and Council, Councilman Rountree the ordinance that was initially adopted didn't even include the property where the Cherry Lane Baptist Church was. It rezoned the adjacent subdivision to L -O, parts of the subdivision. And we requested the amended legal description and got that just recently so that's why we made sure that it got back on the agenda. Rountree: Okay. Corrie: Any further questions of staff? Amended Ordinance #774 is an ordinance of the City of Meridian amending and changing the zoning of certain real property in the City of Meridian which is described as a portion of SW '/4 of the SE '/4 of Section 2, townhship 3 north, range 1 west of Boise Meridian Idaho and providing for an effective date. Is there anyone from the audience that would like to have amended ordinance no. 774 read in its entirety? Hearing none, council, what's your pleasure? Bentley: I move we adopt the amended ordinance for the rezone at Cherry Lane Baptist Church #774 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion is made by Mr. Bentley and second by Mr. Rountree to accept the amended ordinance #774 with the suspension of rules. Any further discussion? Hearing none, all those in favor of the motion say — I'm sorry roll call vote. ROLL CALL VOTE: Anderson, absent. Bentley, yea. Rountree, yea. Bird, yea. Meridian City Council August 4, 1998 Page 7 MOTION CARRIED: All ayes. ITEM NO. 5: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUB. BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: (TABLED TO AUGUST 18, 1998) ITEM NO. 6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 1. 66 ACRES (C -G) BY KANTI PATEL: Corrie: I'll open the public hearing and is Kanti Patel here? KANTI PATEL WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Patel: My guy that is suppose to be here is not here. He got all the information. I am waiting for him. Corrie: When do you expect him to be here? Do you know? Patel: He called me. He is supposed to be here at 7:30. 1 don't know what happened to him. Corrie: Well, we'll see if there's anybody else from the public that wants to testify and then we'll come back here. Is there anyone else from the public that wants to testify in this request for annexation and zoning? WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Forrey: Mayor and members of the council, I was kind of hoping to hear the presentation, but I work with Hubble Engineers and Hubble Engineering is purchasing property adjacent to this proposed development site, and we are totally in favor of the annexation, the zoning request of C -G and also the development of the site as proposed. But we'd like to hear the presentation if we could and maybe if that's later tonight if we could maybe have another opportunity to comment if necessary. That's it. We are in support of the project. Corrie: Thank you Wayne. Forrey: Thank you. Meridian City Council August 4, 1998 Page 8 Corrie: Is there anyone else from the public that want to issue testimony at this time? Okay, what I'll do is I'll postpone item number six and just kind of postpone it until he gets his representative here and then we'll come back to that. Bentley: Mr. Mayor, do we need to continue this and then come back to it officially or — Corrie: Well, we can come back to it. Items six and seven, if he doesn't have his representative here we can come back to it. Rountree: Just for clarity Mr. Mayor, I would move that we continued the pubic hearing on item six and defer the public hearing on item number seven until such time that the applicant's representative is present this evening. Bird: Second. Corrie: Motion is made and seconded that we hold the public hearing off for a little bit until we get the representative back and then we'll bring it back on to the table. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM 8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.58 ACRES R -T FOR SHERBROOKE VILLAGE SUB. BY WESTPARK COMPANY, INC. NORTH OF VICTORY AND 1/, MILE EAST OF LOCUST GROVE: Corrie: I will open the public hearing and the representative from Westpark Company will come forward. BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND BOISE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Bowcutt: This is what we call Sherbrooke Village Subdivision. If you are familiar with the Sherbrooke Hollows development that came through a few months ago. Westpark Company has purchased this parcel right here that adjoins it. In the original application years ago when it was Highlands, that was part of it, and then it was dropped out. The resident who owned the home decided to sell the property. Westpark Company is purchasing the existing house and the undeveloped portion. It consists of about 7.58 acres. However the legal description for annexation says 7.8 because your staff asked us to take it to the other side or the centerline of the right-of-way so some of that area is right-of- way. In this proposed preliminary plat we had one stub street available to us that we allocated with the Sherbrooke Hollows. We saw it necessary to bring another street through therefore the plat consists of 11.01 acres, so that's why you see the discrepancy in the acreage in the preliminary plat and the acreage for the Meridian City Council August 4, 1998 Page 9 annexation is 7.80 to an R-4 designation, which is consistent with your Comprehensive Plan. This area is designated as single family, but the plat overlaps up to this street within the Sherbrooke Hollows because we needed to bring this street on through and we were considered that that would be considered a substantial change. Therefore to be safe we just took the plat up to this portion. So a portion of this is like a new preliminary plat on Sherbrooke Hollows. There's 31 lots that are buildable. They are all single family. That include the existing house lot. There are two common lots. We're matching our landscaping along Victory Road with a 30 foot minimum landscape lot here and here. The existing house will remain. The accessory buildings that are out there will be removed. The existing house we tried to orient our streets to have it take access internally within the development. But based on the house facing due south it was not possible. Ada County Highway District did allocate us an approach for this house only. None of the other lots may take access to Victory Road and that's not uncommon when we're dealing with an existing house. We'll be dedicating additional right-of-way, 48 feet from centerline will be the total width. Five foot sidewalks will be set two feet from the north side of the right-of- way. All streets are public, 36 back to back, five foot sidewalks both sides. All lots have 80 feet of frontage with the exception of those on the radiuses and the 90 degree turns which meet your 45 minimum. We're asking for no variances. All lots meet or exceed the 8,000 square feet minimum. We've reviewed the Findings of Fact and Conclusions of Law set forth by the Planning and Zoning Commission, and we concur with all their Findings. Staffs comments, we were in agreement. They asked for some additional information which we did provide. Do you have any questions? Corrie: Council? Rountree: I have a question on the house that will access Victory. A very similar situation that we had in the subdivision on Ten Mile. We went through the platting process, individual lot and in the meantime between the time that it was finalized and the subdivision developed that lot sold. The new owners some way or another were not advised of or did not understand that their property would have a sidewalk running through the front of it, and essentially was not sold as such so we now have a home next to a berm with sidewalks coming to either side of it and really don't have a continuous — don't have the right-of-way donated or available to ACHD. Is that situation going to hit us on something like this, or have you got some type of restriction or the owner has some kind of restriction on that lot that right-of-way setback will be available to the highway district and the developer to put in a berm landscaping and sidewalk. Bowcutt: To answer your question Councilman Rountree, this property is not eligible for a one time division. In order to split this house off, it has to hook up below an acre. It has to hook up to central services. Ada County Highway District has specified in their site specific requirements that we must take sidewalk and dedicate right-of-way for 640 feet which does include that house. Meridian City Council August 4, 1998 Page 10 So there will be no way for anyone to get around that. They would not sign the plat until that sidewalk was constructed and that right-of-way across the front of the house was dedicated. And I don't see the house — the house cannot legally be sold until it is platted, because you would be dropping it down to a 20,564 square foot lot. Rountree: Yeah, but it can be illegal. We've run into a few of those. Bowcutt: True. I can't remember if Gary's staff put a statement on there that that house needs to be hooked up to central services. I don't recall a statement. It should be noted that the house needs to be hooked up to central water and sewer. Rountree: That's the only question I had. Bowcutt: One thing I did want to note we are evaluating this approach up here with the highway district. They are in their design of this bridge here for the Eight Mile Lateral. The developer is working with the highway district. Their design was not real conducive to our approach. The highway district recommended that we take a look at our trips per day now that we have a second access. And if these trips per day were less than 1,000, we could potentially eliminate this approach to Locust Grove. I've advised the client that the only way to do that would be to reprocess through the city council as a new preliminary plat. Shari concurred that would be considered a substantial change, but I just want it to be on the record that that is being look at as a possibility. It may not be feasible from a traffic perspective. Also we need to talk with the fire department, which I have not done. Corrie: Any further questions of Becky? Thank you Becky. Is there anyone else from the public that would like to issue testimony on item number eight? Council any questions of staff? Questions of the Findings? Bentley: Mr. Mayor, I'd like to ask Gary and Shari if they are satisfied with all the responses and everything? Stiles: I am. Smith: Yes, Mr. Mayor and Councilmen, we are satisfied. Bentley: Thank you. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, I will close the public hearing on item number 8. Council. Meridian City Council August 4, 1998 Page 11 Rountree: Mr. Mayor, I move that the Meridian City Council approves the Findings of Fact and Conclusions of Law as prepare for by the Planning and Zoning Commission. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning Commission. Roll call vote. ROLL CALL: Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: Motion on the decision and recommendation. Bentley: Mr. Mayor, the City of Meridian here by adopts the Findings of Fact and Conclusions of Law and approves the decision that the annexation and zoning as stated above in the conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law that the applicant be specifically required to meet all the ordinances of the city of Meridian and these condition of these Findings and Conclusions that if the conditions are not met that the property be deannexed. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird on the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Rountree: Mr. Mayor I move that we instruct the city attorney to prepare the annexation ordinance for this annexation. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we address the attorney to make an ordinance for the request for annexation and zoning. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Meridian City Council August 4, 1998 Page 12 ITEM NO. 9: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT 31 LOTS ON 11.01 ACRES FOR PROPOSED SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. Corrie: I'll open the public hearing and invite Becky Bowcutt. BECKY BOWCUTT WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Bowcutt: Please incorporate all my past testimony into the record under the preliminary plat. Thanks. Corrie: Is there anyone else from the public who would like to issue testimony on item number nine? All right hearing none, council, questions? Smith: Mr. Mayor, council members, I want just to reiterate that the approval be conditioned on a positive result from our water model study computer program for domestic water supply. That is a part of our staff comments. That was all I had. Stiles: Mr. Mayor and Council I didn't have any additional comments except that I believe this will need to be tabled until the ordinance is prepared. Corrie: Right. Any further discussion from the council? Okay, at this time I'll close the public hearing. I will need to get back the annexation ordinance before we can act on it. Rountree: Mr. Mayor I move that we table item number nine, the action on the preliminary plat on Sherbrooke Village Sub. Until we have a completed annexation ordinance at our August 18th meeting. Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to table this request until August the 18th meeting. Any further discussion? Rountree: Mr. Mayor I just want to make sure that that's within the bounds of doability? Okay. Corrie: Further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 10: PUBLIC HEARING: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND Meridian City Council August 4, 1998 Page 13 PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS — NORTH OF VICTORY AND WEST OF EAGLE. Corrie: I will open the public hearing and invite Becky Bowcutt to reply. BECKY BOWCUTT WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Bowcutt: This was heard last month, a couple of weeks ago. All we're asking for is we were required to submit a variance application because we exceed the 1,000 foot maximum block length around this Ridenbaugh Canal area. We've got this block here obviously exceeds it. We've broken it up with this micro path. It comes up to here. We broke it here with a vehicular connection across the Ridenbaugh. Then we've got this block that runs around like that. We have a pedestrian connection. I'd like to remind you in your ordinance under pedestrian walkways, it recommends them in the middle along blocks where necessary to obtain convenient pedestrian circulation. So we have attempted with our micro paths to break up the block length. Anytime we have a subdivision adjoining a large canal that wraps around it, we always have problems with block lengths. believe we requested a variance on four blocks. One was this one. We have one here. This one here we took care of that by shooting this street through which staff recommended to take the waterline out to the well lot, and then this is like a thousand eight ten approximately. It's just barely over 1,000. It's kind of hard to measure on the curb. So we're asking for a variance of this, this and this block here, and then obviously a variance to pipe the Ridenbaugh Canal since it exceeds a 48 inch. Do you have any questions? We feel under the ordinance that these are conditions that we didn't create, and so we feel that we do qualify for hardship. It's not a privilege treatment of the property. Thanks. Corrie: Is there anyone else from the public that would like to issue testimony on item number ten for the variance? Hearing none, council questions? Rountree: Questions for Shari and the Fire Chief and Gary Smith. And the question is do see any problems created for delivery of services with the request? Bowers: Mr. Rountree, Mayor and Council, this is on the long block, is that what you are talking about? No, I don't see a problem with that per say. As long as there are fire hydrants down through there that we could on to if we had to some where along the line. Rountree: Shari, any issue with the variance? The request on the canal is I believe consistent with what we've done in the past on these larger drainage canal systems. Stiles: Mr. Mayor and Council, Councilman Rountree, I neglected to put this variance on the agenda back when their plat and annexation were being heard Meridian City Council August 4, 1998 Page 14 last month. That's why it's a little late, but if Findings are prepared, it could be acted on for the August 18th, but I have no problem with the variance. Bentley: I have a question for Becky. The Chief brought up the fire hydrants. They are all in place? Bowcutt: Yes, we meet all the hydrant requirements with a hydrant what — every four or five hundred feet. Yes. I don't see any circulation problems. Corrie: Any further discussion or questions? Hearing none, I'll close the public hearing and entertain a motion from the council. Bentley: I would move to instruct the city attorney to provide the Findings of Fact and Conclusions of Law for the variance. Bird: Second. Corrie: Motion by Mr. Bentley and second by Mr. Bird to instruct the attorney to prepare the Findings of Fact and Conclusions of Law. Bentley: Is that feasible for the 18th . Corrie: For August 18th. Any discussion? Hearing none, roll call vote. ROLL CALL: Rountree, yea. Bentley, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 11: REQUEST FOR FINAL PLAT FOR THUNDER CREEK SUBDIVSION BY MERIDIAN LAND DEVELOPMENT, LLC — NORTH OF PINE AND EAST OF TEN MILE. Corrie: Is the representative of that final plat Thunder Creek here tonight? Okay. Council we have a request for final plat. Is there any questions from staff? Rountree: Well my position would be until the applicant is here to present the final plat that we consider tabling this and have staff instruct them that they should be present at the next meeting. Bird: I would agree with that Charlie. Rountree: Mr. Mayor, I move that we table item eleven the final plat for Thunder Creek Subdivision until our next regularly scheduled meeting August 18th and have staff notify the applicant that they will be on the agenda at that time. IITiI<. - .1 :1 Meridian City Council August 4, 1998 Page 15 Corrie: Motion made by Mr. Rountree and second by Mr. Bird to table the final plat of Thunder Creek Subdivision until August 18th and the subjects to be notified that they will be on that agenda. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 12: REQUEST FOR COOPERATIVE AGREEMENT FOR SEWER AND WATER LINE MAIN EXTENSIONS AT LOS ALAMITOS AND SALMON RAPIDS BY FARWEST DEVELOPERS. Corrie: Is there a representative from Los Alamitos and Salmon Rapids here tonight? Probably not. Cooperative agreement — Smith: Mr. Mayor and Council members, this is a request by the applicant for late comer fees to help pay for over sizing lines that he installed to extend from previous limits of our services to and through his subdivision. It would be in accord with the ordinance that's available for a cooperative agreement. We would bring the written agreement back to you for official approval, of course and signature by the Mayor and City Clerk based on analysis of the service area and the over sizing costs for the lines. Thank you. Corrie: Any further discussion or questions? Rountree: I have another question for Gary. When would that be brought back us depending on our action? Smith: I would say conservatively we could have it back by the September 1 st meeting. Rountree: We don't have to put you on the spot, but just to get an idea. Corrie: If you wanted to, you could table it and bring it back on if you want to but if you want a date certain, you can do that too. Rountree: Mr. Mayor I move that (End of Tape) Rountree: Mr. Mayor I move that the city work with the applicant Farwest Developers to develop a cooperative agreement for the sewer line extension and further that the city staff analyze the impact on our infrastructure prior to bringing that back to council at a regularly scheduled council meeting. Bentley: Second. Meridian City Council August 4, 1998 Page 16 Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to have the city in the cooperative agreement entered into and staff prepare it and we back it back to the council when that cooperative agreement is ready for council. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 13: REQUEST FOR BEER, WINE AND LIQUOR LICENSE FOR WESLEY AND BARBARA RHOADES — 127 CLUB BY BRIAN DONESLEY, ATTORNEY AT LAW. Corrie: Is Mr. Donesley here this or representative of Barbara and Wesley Rhoades? Rountree: Mr. Mayor as I recall he was about that same spot our last agenda, and it was about 1:30 in the morning. So he may want to show up a little later this evening. I don't know. Corrie: Well we're moving at a little faster pace here. Well, let's just move him down a little bit. When he comes in, we'll go back to item thirteen. If that meets with your approval. Rountree: Mr. Mayor, I move that we defer action on item 13 until such time as the applicant's representative is present. Bentley: Second. Corrie: Motion is made by Mr. Rountree and second by Mr. Bentley to rotate item 13 down lower tonight and bring it back up when ever the applicant returns. All those in favor, say aye. MOTION CARRIED: All ayes. ITEM 14: REQUEST FOR TURNBERRY SUBDIVISION LATECOMERS AGREEMENT BY BRIGGS ENGINEERING. Corrie: Is there a representative of Briggs Engineering here tonight? We're batting a 1000 almost. Smith: Mr. Mayor and Council this is a similar request to the one made by the Farwest Development. These developers extended sewer and water lines in Black Cat Road and they were excess size to serve their development, so their request would be for latecomer fees to be paid by the adjoining service area taking connection to these extensions. And we would proceed on the same basis that you gave to us direction wise for the Farwest Development. Meridian City Council August 4, 1998 Page 17 Rountree: This one is already in place? Smith: They both are, yes, sir. Corrie: Any further discussion? Council want to handle the request? Rountree: Mr. Mayor I move that we have staff develop a latecomers agreement with Briggs Engineering for their requested extension on sewer conditioned upon staff analysis and the impact on the infrastructure. And to bring that back to the council at a future regularly scheduled meeting. Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to have staff develop the subdivision Turnberry latecomers agreement and bring it back after the completion to the council at a regular meeting. Any discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: DISCUSSION AND RECOMMENDATION OF ADA COUNTY P & Z COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON PROPERTY / VIENNA WOODS SUBDIVSION BY SKYLINE CORPORATION. Corrie: Is the representative from Skyline Corporation here this evening? Stiles: Mr. Mayor and Council, I talked to Tucker Johnson this afternoon. He indicated that he would try to be here by 8:30. He didn't think he would be so early on the agenda tonight. Bentley: I move we defer this until later in the evening. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we defer this until later this evening, item number 15. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 16: WATER / SEWER / TRASH DELINQUENCIES. Corrie: Now this is to inform you in writing if you choose to you have the right to predetermined hearing at 7: 30 p.m. Tuesday August the 4th, 1998 before the Mayor and City Council to appear in person and to be judged on the facts and defend the claims by this city that your water, sewer and trash bill is in Meridian City Council August 4, 1998 Page 18 delinquent. You may retain counsel and you service will be discontinued on August 12, 1998 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency at this time? Hearing none, you are hereby informed that you may appeal or have the decision of the city forwarded and reviewed by the Fourth Judicial District Court pursuant Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off is $34,408.27. I'll entertain a motion for the water, sewer and trash delinquency shut off schedule. Bentley: Mr. Mayor I move that we approve the water, sewer and trash delinquency turn off list. Rountree: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Rountree that we approve the water, sewer and trash delinquency turn off list. Any further discussion? Hearing none, all those in favor of the motion, say aye? MOTION CARRIED: All ayes. ITEM NO. 17: APPROVE BILLS: Bentley: Mr. Mayor, I move we approve the bills. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we approve the bills. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 18: DEPARTMENT REPORTS: Corrie: Okay we have a rental agreement with Xerox for a new machine. The rental basis charge is $280.00. There's no cost for 1 to 25,000. Prints 25,001 to infinity is .0120. Is there any discussion on the rental agreements? No discussion I'll entertain a motion to approve the rental agreement, the Mayor to sign and the Clerk to attest. Rountree: I move that the city council approve the subject rental agreement for a copy machine, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Meridian City Council August 4, 1998 Page 19 Corrie: Motion made and second to approve the copy machine rental agreement the mayor to sign and the city clerk to attest. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. B. SHARI STILES: APPROVE WEED, TRASH AND DEBRIS REMOVAL CONTRACT. Stiles: Mr. Mayor and Council the contract that you have before you is what the acting city attorney has reviewed and approved with the exception of the signature. Our code enforcement officer did sign that because this was taken from the city of Nampa agreement and that's the reason he signed that. But with the exception of changing that so the Mayor can sign and the city clerk to attest, would ask that you approve this contract so we can have this Rocky Mountain Tractor be available to give us quotes as jobs come up and be able to act more quickly on some of the weed complaints that we have. Corrie: Any discussion? Rountree: Yeah, other than in the title of the contract, in the body of it says the performance of work is provided by the contract documents. No where in this does it tell me what it's for. Other than in the title. Now are there going to be task documents that come from this. Prior: If you look down in the contract it makes reference to a work order Councilman, and basically everything will be done by work order with specifics as what will be done. That is address in the contract. Rountree: So I don't have to now assume that contract documents and work orders are the same thing. They are in fact the same thing. Prior: They are not the same thing, but basically what this is doing is we're working out an agreement with a specific company to do this type of work. All the work will be contingent upon entering into a work order for the work. In other words if we don't have any work for them to do, they won't receive any pay. In the contract it say that all the work will be assigned per work order, so I guess it's not part of the contract, but you don't give them any work order they won't have any reason to be paid. Bird: In other words this contract is just established at an hourly rate. And then each work order or change order to a contract. Prior: This contract is establishing an hourly rate and it's establishing a relationship with the particular company to perform services. That's all this contract is doing. Meridian City Council August 4, 1998 Page 20 Rountree: I just wanted to get that clear. Corrie: There is a termination clause. Okay. Any further discussion? Bird: Mr. Mayor I move that we enter into this contract agreement with Rocky Mountain Tractor and Dump Truck Services and for the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree that we enter into a contract agreement with Rocky Mountain Tractor and Dump Truck Services and authorize the Mayor to sign and the City Clerk to attest. All those in favor of the motion say aye. MOTION CARRIED: All ayes. C. GARY SMITH: 1. ENGINEERING AGREEMENT FOR WATER AND SEWER MAPPING. Smith: Mr. Mayor and Council members, two items to discuss this evening. First item is an engineering agreement for sewer and water mapping project. Our maps are seriously out of date, and this is an effort to get them updated so that we have accurate maps for our employees who are in the field doing work so that we have accurate maps for the public who come to talk to us about locations of sewer and water lines. I have submitted a proposal to you from JUB Engineers to do this work. This is an example of some of the work that they've done for the City of Emmett. They will prepare booklets such as this that will be available to be carried in the pick up trucks of our wastewater and water works personnel. They will prepare the larger scale drawings for us to utilize in the office areas at both the Wastewater Treatment Plant, Water Department and the Public Works Department, and the City Engineer's Office. The information that we presently have of record will be scanned, electronically scanned, into the CAD system. The additional information that we have as record drawings will be put into a CAD system, and all this will be compiled to create a complete set of drawings for both sewer and water for the entire city. We will then be able to update the CAD system periodically with our own forces. And they will turn all the documents over to us, all the electronic documents, over to us. Also another aspect of this is that a future time if we so desire we can add data base to these maps. That would give us a record of the age of the pipes, type of pipes, other information that we would need for maintenance purposes of the system, but right now we just want to get the mapping done, get that of record so we've got some good accurate maps. Do you have any questions that I can answer on this? JUB did the original mapping that we had for the city. Meridian City Council August 4, 1998 Page 21 Bird: Gary, you are talking about the city? Smith: Well both sewer and water. Bird: On the water we got a not to exceed $44,000. What's the one on the sewer? You have to enter into any contract without a not to exceed or some kind of an idea of what we're going to pay. Smith: The sewer and the water, the sewer is not to exceed, time material basis not to exceed a $40,040.00 — Bird: That's the water? Smith: That's the sewer. This is water and that is not to exceed to $44,000 and the sewer is right here. That's a different one. The reason I had him to go to a time material because there are areas in our city in these sections that we're going to map that are pretty sparsely populated right now, and there's very little development in them. There are other areas that are a lot more densely developed and my concern was initially they were doing an average cost per section. And I felt that it would be better for us in terms of cost that we had these done on a time material basis and that way we'd actually pay for the actual amount of cost per section. Bruce Stewart will be working as project manager with the engineer providing the information, providing not only the mapping information that we have on paper, but the information that he has in his head from the years of his service here in Meridian. So we'll be getting all that information down on a record. Rountree: I think it's a great legacy program for the city. It's something that's going to be really beneficial in the years to come. Smith: Yes, sir. It will be. Bird: Mr. Mayor, I move that we enter into these agreements with JUB Engineering. The water system maps not to exceed $44,000 and the sewer system maps not to exceed $40,040.00. And for the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley to enter into the Engineering Agreement with JUB for the water and sewer mapping $44,000 the water and $40,040 for the sewer. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Meridian City Council August 4, 1998 Page 22 Smith: Thank Mr. Mayor and Council. The second item I have is an agreement for professional services. It's to update our existing sanitary sewer model and to develop additional sewer master planning. I have the agreement here with an attachment. I don't know if you have the attachment, the exhibit that shows the planning area. Is it attached to your drawing? Is your color coded? Is it colored? Bird: Just dark black and white. Smith: I have some that are colored if it would be of any benefit to you. Our hydraulic model is based on an old software. And we need to convert it over to the new addition. I kind of wish we could lease the software. But anyway, we need to get that updated. In addition and probably as important is to launch into the study of the location of trunk lines in the northerly area of our city, our area of impact. I guess it would be north easterly portion of our area of impact and the south easterly portion of our area of impact. These areas have garnered a lot of attention as of late and actually the northerly area I have fielded of a lot of inquiries over the last few years about availability of sewer. The engineers is prepared to move immediately on this, and I know that all of you are anxious to get some answers as to what we need to do up there. Coincidental with this study, we're also getting — we just received a draft of our facility plan for the collection and treatment process, wastewater department, so these will be kind of working together, but this will be the detailed study that will tell us where the sewer lines are to go, sizes, etc. in all these of these areas. The scope of work I think I've generally outlined what they are proposing to do, what I've asked them to do I should say. This is going to include some flow monitoring in the field to verify the model. One of the things that we tried to get funded when we did the facility plan, through DEQ, was aerial mapping of our area of impact, our facility plan study area. They wouldn't approve that mapping. They said you can fund the mapping on projects as projects come before or as you plan projects, and that's one of the things that we're doing here is the aerial mapping so we'll have two foot contour maps prepared and that's a $60,000.00 bill for the number of sections that we're doing. And there are roughly eight sections in the northerly part of our area of impact. There are two sections in the northeast corner and little over two probably closer to three sections in the southeast. Do you have any questions? Bird: Gary are you asking to cover all seven tasks? Smith: Yes, sir. Bird: So the total price $124,525.00? Smith: Yes, sir. Meridian City Council August 4, 1998 Page 23 Bentley: I don't know if you mentioned a time line on this for completion. Smith: You know I asked for that Councilman Bentley, and I don't think I got a time line. Bird: Gary it looks like they say for completion mapping two months and minimum four months additional for the remaining work, so we're looking at six months. Smith: Thank you. Bird: Mr. Mayor, I move that we enter this agreement with JUB Engineering to update existing sanitary sewer model and develop additional sewer master planning and include all seven tasks for a total of $124,525.00 and for the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley to enter into the Engineering Agreement for the sewer trunk line study as motion as stated in the amount of $124,525.00. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. Bird: Thank you Gary for this. We appreciate it. Good job. Corrie: Chief, you have item D. on the agenda. Gordon: Mr. Mayor and Council, you have before the request for resolution authorizing the memorandum of agreement between Boise City, Garden City, and Meridian City. I brought this up at the last meeting, at which time the council requested some time to review this. I stand before you again requesting that this be the resolution be approved and they Mayor authorized to sign the agreement. I would stand for any questions. Bentley: Has the counsel reviewed this and your opinion on this? Prior: I think it's fine. Bird: Was the letter we got from ICRMP, was that satisfied? ICRMP had a — Gordon: I reviewed, Mr. Mayor and Councilman Bird, I reviewed the facts from Hamiln and Sasser which represents ICRMP. I find the request or additions or the changes they've got in there, very minute, minimal. They don't affect the actual operation of the agreement. I might also mention that this memorandum Meridian City Council August 4, 1998 Page 24 of agreement has gone through Boise City's legal, Garden City's legal and through our legal and those three agree. Boise City has already passed and signed this agreement. Garden City will pass theirs on the 11 th. We have maybe a little premature, but a signing schedule for the 12th of all the Mayors and the Chiefs. We did discuss some of these items. The Boise Chief and myself and if there is any changes or anything that you would like made, we both agree that it might be best to pass the resolution, maybe do amendments at a later date. But none of the recommendations from Hamlin or Sasser are of a serious nature. They are just technical items. Bird: And they have been clarified with Counsel, because that's who underwrites our liability insurance. And you're sticking their necks out on the line as well as ours. That was the only thing I had. Gordon: Correct. Bentley: Mr. Mayor I would move that we authorize the Mayor to sign and the City Clerk to attest the cross deputization agreement with the Boise City Police Department and Garden City. Corrie: Okay, we have a resolution that I'm going to read and then we'll put the number to it as soon as we get the final. It's a resolution approving a memorandum of agreement cross deputization between the Boise City Police, Garden City Police Department, and the Meridian City Police Department allowing officers of each jurisdiction to exercise peace officer authority in the jurisdictions of the other to cross deputization (inaudible) of a memorandum of agreement between the city of Boise, the city of Garden City, and the City of Meridian and authorizing Mayor and the Chief of Police to execute the agreement and providing for an effective date. Is there anybody from the audience who like to have the resolution read in its entirety? Now, Mr. Bentley you may. Rountree: Do you have a resolution number? Corrie: No, we'll have to add that. Bentley: Mr. Mayor I move we approve the resolution and authorize the Mayor to sign and the clerk to attest for the cross deputization agreement. Bird: Second. Corrie: Any further discussion? All those in favor of the resolution say aye. Bird: Just a second before we vote. Bentley: Do we not have to include the Chief since he has to sign that also? Meridian City Council August 4, 1998 Page 25 Corrie: You can. :ITi1 yffm�0101C1 Bentley: I would amend the motion to reflect that. Bird: I'll amend my second. Corrie: Motion is made and second of the amendment. Any discussion? Roll Call vote. ROLL CALL: Rountree, aye. Bentley, yea. Bird, yea. MOTION CARRIED: All ayes. Bentley: Mr. Mayor, I move we take a five minute break. Corrie: Let's be back about five minutes until nine and we'll take on item number six, seven, thirteen and possibly eleven. (FIVE MINUTE BREAK) Corrie: Council, back to order. ITEM NO. 6: PUBLIC HEARING: ANNEXATION AND ZONING OF 1.66 ACRES BY KANTI PATEL — 1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET: Corrie: I have opened the public hearing before. It's still open. So I think Rich Allison — is Rich here. Okay, Rich will give the presentation for Mr. Patel. RICH ALLISON 1108 W. 4T" STREET WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Allison: Since Rocky, his contractor, has not shown up, he has asked me to represent him in his annexation and zoning request for 1.66 acres of which he plans to construct a Holiday Express Motel. There is a presentation been previously made by him to the city council outlining the basics of the project which is a similar motel that was built on Vista Street known as the Holiday Express Motel. Corrie: Council, do you have some questions that you want to ask Mr. Allison? Rountree: I just have one comment. I think that the applicant may or may not have heard is that the city is in a situation with water in that particular area right now with the amount of development that is anticipated. We would be needing to work with this or other applicants in order to provide a well site. I would point that Meridian City Council August 4, 1998 Page 26 out at this point that we would like the applicant and his representative that's got the full knowledge of this to be here and talk about that possibility because the development out there is going to hinge upon being able to provide additional water. Not only this but the other activities that are out there. I just point that out as a general comment to council in their deliberation of this particular thing this evening. Allison: As a general comment I represent four additional owners of property in that vicinity of which we currently have two properties under purchase money. Having donated a half a well site myself in the past for the City of Meridian Ten Mile Cherry Lane well, I generally understand that the requirement is a 60 x 60 parcel to construct a well. If it's still the same. 100 x 100. Maybe I offered 50 x 100 or something I don't know what it was that I gave. Half. At any rate understand that that will be something that will be needed. Certainly the hospital is expanding. The hospital obviously has a great deal of property. They might be a likely source for a well too. Since they have 34 acres. A lot of which is going to be landscaped and utilized for parking. It would seem possible that part of the landscape project that they are putting in might be an appropriate site. But it's certainly something that this owner as well as the other owners in that vicinity. I'll make them aware. I can advise them. Corrie: So does St. Luke's know this as well and they are going to do that as well. Further questions? Thank you Rich. Anyone else from the public that would like to issue testimony on item number six, request for annexation and zoning this area? Okay hearing none. Questions discussions Council? Bentley: Mr. Mayor, questions for staff. Any input and thoughts on this proposed project. Smith: Mr. Mayor, Council, Councilman Bentley, I think that Councilman Rountree outlined by concerns as far as water supply is concerned. We have programmed in our budget for this coming year, the extension of water main lines in Eagle Road, across the interstate, or under the interstate and west on Overland Road to tie into what we have at Sesco which is the end of the line of Overland. And that will help the water supply situation significantly. But secondarily a source is required in that area of the interchange and I haven't talked with our hydro -geologist consultant specifically about the location, but we do know that a source is going to be required there, and this source for commercial development has more of an impact on fire flow, fire fighting requirements than it does on domestic water use. Bentley: Okay, how about the sewer capacity? Smith: A 12 inch diameter line has been extended Magic View to St. Luke's hospital and should have plenty of capacity to serve the area of St. Luke's and to Meridian City Council August 4, 1998 Page 27 the east and the area around the Magic View Allen Street parcels including the one that's before you right now. Bentley: And the main trunk line has got the capacity? Smith: Yes, sir. Bentley: Okay, thank you. Corrie: Any further questions? Discussion? I'll close the public hearing on item number six on the request for annexation and zoning of 1.66 acres. Bentley: If council has no other discussions, I would prepare to move for attorney to prepare Findings of Fact and Conclusions of Law. Corrie: You have facts before you. You want to accept those? Planning and Zoning had done some Findings of Fact and Conclusions of Law. Bentley: Mr. Mayor I would move the city council City of Meridian approve the Findings of Fact and Conclusions of Law as hereby submitted by the Meridian Planning and Zoning. Bird: I'll second it. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to accept the approval of Findings of Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning Commission. ROLL CALL VOTE: Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion to have the attorney draw up the proper ordinance. Rountree: Mr. Mayor I move to direct the city attorney to prepare an annexation ordinance for this application. :31�•it.-••�•.1 Corrie: Motion made by Mr. Rountree and second by Mr. Bird to have the attorney draw up the appropriate request for annexation and zoning. Rountree: Mr. Mayor I would amend my motion to include the ordinance be delivered to the council for consideration on our next regularly scheduled meeting th August 18 Meridian City Council August 4, 1998 Page 28 Bird: Second. Corrie: Any further discussion? All those in favor of the amended motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BY KANTI PATEL. RICH ALLISON WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Allison: He's request a three story motel on this site and a conditional use permit to accompany it. Do you have questions? Prior: You can just ask too if you'd like your prior testimony incorporated. That can be done. Allison: Would you like my prior testimony incorporated? Corrie: It's up to you. Allison: Thank you. We certainly appreciate your patience by the way gentlemen. Corrie: Any questions of Mr. Allison? Anyone else from the public who would like to issue testimony on item number seven request for conditional use permit. Council discussion? Questions? Rountree: Mr. Mayor by way of discussion any action on this particular item obviously has to be deferred until the annexation is done, but I would like it to include some direction to the applicant to provide the presentation at our next meeting before we consider the conditional use permit. Smith: Mr. Mayor and Council, I would like to reiterate site specific comment items number 2, 3 and 4 dealing with water service to this site. Thank you. Prior: Mr. Mayor if I may. Councilman Rountree if it's your desire to have a presentation, it's going to be necessary that this public hearing be continued. Rountree: That's possible. Mr. Mayor I move to remove item number seven from the table and that the public hearing on the conditional use permit for the three story motel be continued until our next regularly scheduled meeting August 18t" Bentley: Second. Meridian City Council August 4, 1998 Page 29 Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to remove item number seven from the table and to extend the public hearing until August 18tH Any further discussion on that? All in favor of the motion say aye? MOTION CARRIED: All ayes. Bird: I believe the people are here from item eleven too. Corrie: I have to have Council to approve to back from off. They tabled that to August 18t", so I need to have the okay from Council. Bentley: I would move that we remove from table item number 11 request for final plat for Thunder Creek. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to remove item number 11 from table and request that we hear the final plat request for Thunder Creek Subdivision by Meridian Land Development LLC. Corrie: Motion is made and second. All those in favor of that motion say aye. MOTION CARRIED: All ayes. ITEM NO. 11: REQUEST FOR FINAL PLAT FOR THUNDER CREEK SUBDIVISION BY MERIDIAN LAND DEVELOPMENT LLC — NORTH OF PINE AND EAST OF TEN MILE: Corrie: Now, Mr. Eddy. Eddy: I had three belief systems coming in here today. One being death, one being taxes, and the third being city council able to go through ten items in an hour. So I apologize for being late and I appreciate the opportunity to present this project to you. Staff should have received our comments today concerning responses to their general comments and site specific comments. We are in agreement with all the conditions. The project is unchanged from the preliminary plat that was presented before you several months ago, and I'll entertain any questions that you might have. Corrie: Staff. Gary, do you have any comments? Smith: Mr. Mayor and council members, I don't believe I have any comments on the project. We did receive their comments concerning our comments and I don't see a problem with their response. Corrie: Shari? Meridian City Council August 4, 1998 Page 30 Stiles: Mr. Mayor and Council, I have no problems with the project. Corrie: Council, hearing those comments — Rountree: Mr. Mayor I move that we approve the final plat for Thunder Creek Subdivision by Meridian Land Development LLC subject to the conditions of staff. Bird: Second. Corrie: Motion by Mr. Rountree and second by Mr. Bird that we accept the final plat of Thunder Creek Subdivision by Meridian Land Development LLC subject to conditions from staff. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 13: REQUEST FOR BEER, WINE AND LIQUOR LICENSES FOR WESLEY AND BARBAR RHOADES / 127 CLUB BY BRIAN DONESLEY ATTORNEY AT LAW. Corrie: Mr. Donesley? Donesley: Thank you Mr. Mayor and Council. To prove I came for the duration brought the only book when I was on my way out, and it's a biography of Napoleon Bonaparte. I figured to spend a few hours tonight indulging myself. Thank you for a few moments. This liquor license application is in the same form that one that the council approved two weeks ago. It involves different parties with respect to the licensee. The same party with respect to Mr. Alidjani and the 127 Club. You may recall that the Frontier Club license on behalf of David and Eric Sandquist was before you. This is precisely the same arrangement. The background on this is that Barbara and Wesley Rhoades who live in McCall have been on that waiting list and have now been authorized by the state and the county for issuance of a liquor license hence this visit before the council. This is proposed to go into the 127 Club. The 127 Club will be inactive for some period of time, at least six months after which time, well this license will transfer to a restaurant yet to be built in and about Meridian. This is an Applebee's Family Bar and Grill. You may be familiar with them. They just opened by the mall in Boise. They have stores now in Idaho Falls, Pocatello, Twin Falls and they are about to buy one in Coeurd'Alene. As a matter of fact, there will be 23 purchased in the northwest by the folks who are behind this. RCI Idaho LLC, this organization owns over 200 of these restaurants. They are a franchise and they are very successful, and responsible citizens in these communities that they go into. Basically we have an arrangement with Mr. Alidjani whereby we have leased from his the 127 Club on behalf of Wes and Barbara Rhoades. Applebee's will lease the Applebee's Restaurant once built and after a period of Meridian City Council August 4, 1998 Page 31 two years, the license will sell to Applebee's and so that's the arrangement ultimately. Because of the state laws requiring immediate use of a license and that it be used continuously for six months without interruption, we have developed this format, and it's something that has been done throughout Idaho and it's really pretty much a typical arrangement for these new licenses because as a practical matter, somebody's been on the waiting list for 20 years doesn't have a restaurant to put one of these things into right of way, and by the same token people who are in that business haven't been on the list for 20 years. I would propose this license to you and ask for your blessing and for the issuance of that city license so that we can go ahead and make this work. (End of Tape) Bentley: Did you say you were going to build one here in Meridian? Donesley: Yes, sir that is my understanding. I believe that understanding I believe that the land deal if it hasn't been done is close to being done. I'm not part of that transaction. I've been given the go ahead on this purchase. Bentley: I have a question for the chief. Chief, your thoughts on this? Gordon: Mr. Mayor, councilman Bentley, I don't have any problems with the issuance of this license for the 127 club. Bentley: Thank you. Corrie: Hearing no questions, I'll entertain a motion from council. Bentley: Mr. Mayor, I would move that we approve the application for the beer, wine and liquor license for Wesley and Barbara Rhoades. Rountree: Second. Corrie: Motion made by Mr. Bentley and seconded by Mr. Rountree to accept the request of beer, wine and liquor license by Wesley and Barbara Rhoades. Any further discussion? Okay, none. All those in favor of the motion? MOTION CARRIED: All ayes. Corrie: Request granted. ITEM #15: DISCUSSION AND RECOMMENDATION TO THE ADA COUNTY P & Z COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON PROPERTY/VIENNA WOODS SUBDIVISION BY SKYLINE CORPORATION. Corrie: I believe you gentlemen are here for that one, so would your representative like to come up and talk with the council. This is a discussion (Inaudible). Meridian City Council August 4, 1998 Page 32 Tucker Johnson: I am Tucker Johnson with Skyline development. Address is 10464 Garberdale (sic) Court. I appreciate the opportunity to discuss this with you tonight. I apologize for also miscalculating the time. I think you are well aware of the location of this particular project and some of the issues that accompany with it. It is an Ada County project but within your newly expanded area of impact. We have been working with your staff, as well as the county staff relative to design criteria and issues that are associated there with to try to find a project that would be agreeable to the city, the county and those in the neighboring area. I do have a—I assume one, that you received our cover letter that kind of briefly outlines the project and two, the plat as we have recently and slightly revised it—to, in alignment with the Meridian City standards for subdivision ordinance, relative to lot size, frontage, and so forth. Be glad to, if you would like, since this is kind of a—if I understand correctly, kind of an open dialog. I would be glad to entertain and answer any questions that you may have. Or, I would be glad to give a brief overview of our proposal, if you would like. Mr. Mayor? Corrie: Council, do you have any questions up here tonight? Rountree: I have no questions, but a brief overview would be in order. Tucker Johnson: I apologize this isn't double sided so the audience can't see but several have seen it before. The project itself consists of 80 acres, Locust Grove being here, the Meridian area of impact line being at the rear of the project which also happens to be the Boise area of impact line. I believe that actually the Boise city limits at this time. I believe that it has been expanded and approved to that area. A brief overview of the surrounding area. The existing subdivision of Bristol Heights here that has been—is under construction and well into it's second half of project of a 160 acres roughly. To this southeast corridor of that mile section, there is an 80 acre project that has been approved here by Boise City, which is called Austin Sub, which consists of 6,000 square foot lots. I'm not sure of the exact density overall, but it should be, I think it's in the neighborhood of 4-4.5 units per acre. On this 80 acre parcel, which we immediately abut and which because of their previously approved plat we've designed the project to stub in to where their streets were stubbed as well. Immediately east of that, is the new Boise 40 acres regional sports park. I think you are all aware of that. That's under construction over the course of years will be developed further. To the south is generally farm ground, a 40 acre tract with one home on it, few homes along this southwest corridor of this section. Generally five acre lots, I believe the arial map might show that. To the north is an existing subdivision, which is technically, I think it's like an 80 acre parcel done with a subdivision which was developed in the county about seven years ago under a non-farm portion of the ordinance which allowed them to cluster the density into some smaller lots and do one acre lots. As long as some open space was retained in a deed restricted fashion for up to 15 years. So, generally speaking, it's the back Meridian City Council August 4, 1998 Page 33 portion here, which we have proposed a stub street into that. That is the majority of the open space that's deed restricted in that particular subdivision. The developer did a little creativity in that particular project, where each lot that they sold, they packaged two together, more or less. A buildable lot immediately adjacent to the street and a none buildable open space deed restricted lot to the rear. So they were able to—actually sold a fair chunk of that property. To the immediate north of this place, there happens to be two five acre tracks with a home on each. Then to the west to conclude the overview, recently constructed LDS church facility here and ball diamonds, which have been there for some time apparently and then a subdivision to the west, further west the Larkwood subdivision, which shows up on the plat here as Larkwood, which happens to be a roughly 20-30 acre open space parcel for that subdivision as well because it also is a non-farm plat, developed in the county. The overall concept that we've approached, tried to achieve here is a varied desirable neighborhood, the quality subdivision. We've been involved in the development here in the valley as many of you may be aware for about 30-31 years now. We like to do a quality job we're the developers of the Hickories complex, (inaudible) over the years and would like to carry that forth into this project. In terms of the aesthetic appeal, landscaping, high quality of homes that we will require by covenants in there. Let me direct you to four basic things quickly. The open space and then the differing lot sizes and anticipated different types of homes. You can kind of see here in the green then the Central Park facility which is centrally located. Originally we were requesting of the county that we be allowed to reduce some lot sizes particularly along the south here and on the east. Reduce the lot sizes to less than the R-4 standard which is 8,000 square feet, with a 70 foot frontage, or maybe it's a 60 foot frontage. We were requesting that and there's a trade off in the county ordinance that requires us to do so that we have a one for one transfer into open space. Be that landscape buffering, pedestrian pathways or park way system. We met that requirement in the original layout, which happens to be one behind here. But in meeting with your staff and others we decided that we would redesign the plat to the lots here along the south southern edge and along the easterly edge would be 8,000 square foot minimum with 80 foot frontages required by the Meridian Subdivision Ordinance. Our challenge is the geographic area that we have to work with. 6,000 square foot lots already approved in this location and larger one acre lots and plus acreages besides that and five acres here and five acres here. With trying to mesh those two has been an interesting challenge and one of the reasons why we had originally thought towards the back end especially you'd like some smaller lots. But as I've said, we've modified this area which is basically kind of a light orange cream color here on this particular drawing to be 8,000 square feet minimum, 80 foot frontage. To the north of the central boulevard and the central park area would be larger lots. Lots in the salmon pink color are lots that are generally 12 to 14,000 square feet in size. That would be much in line with what the project that we did in Hickories which is immediately behind Hewlett Packard. The larger homes that would lend itself well in terms of a blend with the southern portion of the subdivision. Then the blue area we've expanded even larger in recognition of Meridian City Council August 4, 1998 Page 34 what immediate neighbors to the north especially Dunn Woody and five acre tracts here, and per request of the land owner here, that these lots be a little larger here. Again they are in the 12 to 14 range. Here they range anywhere from 14 up to a half acre in size. About just shy of 22,000 square feet here immediately adjacent to the Dunn Woody Subdivision. The cul-de-sac for that subdivision happens to be right about where the words appear and a couple of homes in here and the homes are dotted around that direction. We anticipate that — we designed the park area to be a storm retention area in working with some of the — actually there was a recently held best water and wastewater and open space seminar held relative to how to accommodate all those aspects into one project. So the park area will function for mostly the east half of the project will function as a park area and during larger events, a storm water retention area for a short duration of time. It would be a depressed park owned and maintained by the homeowners association large enough for some youth activities be that soccer or baseball or whatever they so choose to do. We have incorporated into the plan several different pathway structures that was as a change or a variance from what we originally had drawn. This particular pathway connects to an approved park here. It's a neighborhood park in this particular Austin Subdivision. There's another three acre park here in that same subdivision. This one is also about three and a half acres roughly. I've spoken with that particular developer. They welcomed the connectivity of the children being able to play together as well as the connectivity of the project itself for circulation to try to de- emphasize the vehicles, try to encourage pedestrian, bicycle use throughout the project. Tried to incorporate that as well as the overall traffic design requirements were that we not align with the church entrances here so we moved the entrance further south a major boulevard with landscaping, berm on both sides. Similar as you would see in the Hickories in many places throughout Meridian, through Bristol Heights, through Hubble Creek and other subdivision that have been well developed. Then we've designed it so the interconnectivity of the streets are that there's basically two routes to every home within the subdivision as well as the future connectivity into parcels that are yet undeveloped. Here about five locations. The sewer will drain all in this direction here. A lift station would pick the affluent up at this point and it would be pressurized to the manhole in Locust Grove Road. Mr. Smith could help me clarify exactly but it's roughly a little over a quarter mile north of Ustick Road if I'm correct, and that would discharge into that location and be handled in the south slough I believe for a temporary time until such time as the master sewer the main gravity flow line that is leaving the sewer plant or has left I'm not sure going up Black Cat and then down basically between Macmillan and Chinden. That will service — that would eventually tie into this location as well. Perhaps I may have missed something, but maybe that's a little more detailed than you would like. But I'd be glad to answer any questions that you may have on any point there. Meridian City Council August 4, 1998 Page 35 Bentley: Since you weren't here earlier in the evening, we did approve to start developing additional sewer and master planning for this area. We're going to be doing that and preparing with that. What's your timetable? Johnson: Well we would anticipate that if approvals are received throughout the county and so forth that we would start with the first phase obviously along Locust Grove and work this direction and we'd like to start construction as soon as possible. We believe that the market conditions are right. Just down Locust Grove you've got your wonderful new commercial complex there of Fred Meyer and so forth. The proximity to the Eagle corridor recently reconstructed Chinden the employment center around Hewlett Packard, the research center so we'd like commence construction upon approvals of the project. Bentley: I have a question for Gary. Gary with St. Luke's change of timetable, how does this affect their ability for pumping temporarily into the south slough. Smith: Well I think the analysis that we did for the property just north of Ustick Road on the west side of Meridian Road which is owned by Hunemiller I believe around it's about a hundred acres that's an L-shaped property around the regional park site that the city owns showed that the development that's proposed to take place at the interchange area on the Five Mile trunk gives us about three years of capacity in that trunk before it's full before we reach capacity in certain lengths of that Five Mile trunk and we have to go to parallel trunk line and it was on that basis that I recommended to the Mayor that we not pursue pumping Hunemiller's property into the south slough which discharges in the Five Mile trunk. Bentley: Thank you. That's all I had. Bird: Does staff have any questions? Corrie: Pretty much tells us what we've got to expect in the south slough. Bird: It tells us we better get the north ones going. Corrie: Anybody else have any questions for discussion purposes? Rountree: I guess just a point of clarification. This really isn't the action on the part of the city would be is in fact this development — one is consistent with the R- 4 requirements, and two can we sewer it? And/or provide water, and I just want to make sure that's our action or needed action. The actual approval of this development as far as a subdivision goes lies at this point with Ada County. Corrie: With our recommendation. I think one of the biggest factors is based on this Tucker would be whether we can take the capacity of that subdivision, put it in the south slough and still function with all the other commitments we have. Meridian City Council August 4, 1998 Page 36 That's going to have to be looked at by our staff and they are going to have to give us a pretty good run down on what we have now, and what we're looking at. Of course your whole subdivision is not going to happen over night. I realize that, but we also have to consider what the capacity of that trunk line is, so I think with that statement I think we need to have staff has looked at it already some of it, and you've kind of got an inkling of what is coming down the pike here. I was in the area of impact. I understood that there wasn't going to be any subdivisions out there for quite some time and then we got this one came up so I have a concern about the sewer capacity now and also the other people out there that have property. What we going to do with that if we do this one. Johnson: Mr. Mayor I empathize with the position with which you are in. That's part of the reason why we are obviously here tonight is because we recognize that there are many issues, one of which is the sewer capacity. I do recall the discussions from roughly a year ago when the area of impact was being discussed with the county and the idea that this parcel could be sewered and so we want to be able to present this as early as possible. It's taken obviously some effort and some time to get to this point. And obviously we've done what we feel to be at least reasonable in terms of matching up the two different zoning ordinances that were required in this particular location. The density and the correct and zoning and so forth. We feel that we have a really good handle on that. And we appreciate your time this evening. Corrie: Anything on this particular discussion? Rountree: I don't have anything at this point in time. Tucker Johnson: The county will be holding a public hearing as you are well aware and that will be next week and so we would greatly appreciate a kindly response from yourselves or through staff relative to comments, your recommendations for the project to the county. They are I believe anxious or they would like to hear comments from you. It has been tabled once before because they didn't quite receive the comments that they were looking for from you and ACHD. I fully expect to receive comments and I appreciate that. The county may choose to act if they didn't have comments. It's just one thing I wanted to point out, and I think you would certainly do yourselves justice to offer your comments. Corrie: There will be a comment from us. Tucker Johnson: If I may my father and boss, chief in charge, Mr. Johnson would like to also make a comment. Ted Johnson: Thank you Mr. Mayor and members of the council. Ted Johnson with Skyline Development, 5330 Farrel Street, Boise. This business of having ground in no man's land is no fun kind of thing. I've been working out there as Meridian City Council August 4, 1998 Page 37 some of you know for about four years to try and help get this thing settled one way or the other and it appeared about a year ago when we talked and when the issue came up as to whether or not we'd be serviced best by Boise or by Meridian. The issue was very clearly defined and we didn't really care which jurisdiction we went into as long as got into a jurisdiction where we could get sewer. That was really the issue for the Peterson property. And on the basis that Meridian could sewer us accepted the Peterson's letter to that affect, that we move forward with this thing as quickly so we could show our intent and to remove any argument with the county as to where the area of impact line should be. We were objecting up to that point because we didn't think Meridian could sewer us within a ten year period required by the county ordinance. Now when the city comes back and says we can, fine, that's great. We take that at face value and we know that's a tough decision to make. We don't know how it's going to be made, but we recognize that that is an issue that was dealt with as you will recall Mr. Mayor about a year ago, maybe eight months ago. It makes the issue quite a sticky one. But we're here to propose this project in good faith based on what was said in the letter and what was said in those meetings and what we had did by way of removing our restrictions or our objection to having the area of impact line include the Peterson property in the Meridian side and not on the Boise side. So from our point of view, we've worked at this a awful long time. It's a no fun situation to be in no man's land, but we've agreed to come into Meridian conditioned on sewering, and we hope that you can find a way to make that happen as we talked about a year ago. Thank you. Corrie: I don't think that there is any doubt that we can do it in a ten year period. It's just that we got to look at all the facts here, see how soon we are going to be able to do it with the obligations that we have now. Bird: You had a letter Mr. Johnson from the city stating that this would be sewerable? Johnson: Yes. I don't have it. Peterson has it. Bird: When was this sent out? Johnson: Well the discussions and I was in all the discussions. There was a discussion in the county commissioner's chambers when they questioned the timing was asked, Commissioner Wayne Peterson said, "well within five years." They wanted to go forward and then we chatted and he changed that, and said we'd like to go ahead right away because we were working on plans at that time. Prior: When was the date of this meeting, sir? Bird: Do you have any idea Mr. Johnson when the meeting — was it a year ago? 18 months ago? Meridian City Council August 4, 1998 Page 38 Johnson: It was the last county commissioner's meeting before the decision was made — I can't give you exact date on it, but it was probably — maybe some of my helpers can. Yeah he keeps a book and keeps track of the notes. Tucker Johnson: The meetings were held multiple times from roughly January of '98 through roughly August of '98. The letter that the city wrote to the county touching on several different points relative to the expansion of the area of impact was written on — Bird: '98 or '97? Tucker Johnson: '97, sorry. Bird: Because I was going to say I don't think it's been done since I've been on the council. Tucker Johnson: So that was '97. Excuse me. That was roughly January through August, and then the city wrote the letter on September 24th. Bird: You got a letter right there? September 24th of '97? Prior: My understanding if I'm reading this letter correctly is that we are confident that this letter may serve as our technical insurance that urban services will be provided within ten years so Mayor Corrie is consistent in what he said earlier in that within then ten year period, the urban services will be provided to this particular property. That's my understanding if I'm reading the Mayor's letter correctly. So the ten years starts as of when? Seeing that I wasn't a party to this Mr. Mayor. Corrie: I would imagine the time we got the area of impact. Prior: Which was what? Corrie: We didn't get the area of impact until '97. Rountree: We can debate this long and hard this evening. I don't know that we need to — what we need to do is clarify the record. Tucker Johnson: I was not always directly involved with those meetings. Mr. Wayne Peterson who is here and who may speak to that as well as Marvin. The issue was I understand it's a sticky point. It's not pleasant maybe for anybody. But the understanding during the whole process was that it would move forward, not necessarily be nine years and eleven months and five days down the road. Prior: Mr. Johnson made reference to someone who said five years. He said five years and that was the discussion the folks had that it would be Meridian City Council August 4, 1998 Page 39 approximately five years. Within five years, so five years is what they were talking about and then you made mention that the — (Inaudible — off the microphone) Prior: Well when you say it was discussed again, who are you saying it was discussed with? (Inaudible — off the microphone) Prior: Oh okay and he said within five years. With the county commissioners, and you're saying that the applicant said as soon as he could do it, is that right? Yeah, so it's not the city that said as soon as they could do it, it's the applicant said it was. (Inaudible — off the microphone) Prior: In the mind of the applicant. Just for a clarification so the city never committed to any time frame as to except what's set forth in the area of impact and what we're required to do which is within the ten year period. (Inaudible — off the microphone) Prior: Well you can if you like. Corrie: Let's — we've got a discussion going — before we start debating back and forth and we don't know what's going on until we get those minutes, I'm going to ask that we just hold the discussion at this point until we get some minutes from the — so we know where we are really and we can do this all night back and forth and get no where. Johnson: May I suggest the letter be written to the county the recommendation regardless of this point. The serviceability of the sewer we can research later, but the county commissioners I'm sure would like to hear relative to lot layout, lot size appropriate density and sewer. Corrie: The Planning and Zoning Commission or the Ada County Commissioners? Johnson: The P & Z body I'm sure would love to hear comments from you. Rountree: So it's been tabled by P & Z. Johnson: It has been and they would be reopened a week from this Thursday. Meridian City Council August 4, 1998 Page 40 Corrie: Okay, we'll get the — that will give us enough time to see what's going on and where we are. And I think the county commissioners has pretty well discussed this one already, but we'll get the information to Planning and Zoning. Johnson: Get the cobwebs from a year ago worked out. Corrie: I believe we got the announcement to us on the fire. Kenny did you have the vote on the rural bond that they were voting tonight? Bowers: Yes, Mayor, they did. It will not be official until tomorrow. They have to recount it, but it does sound like it passed by two votes. Corrie: You can guarantee there will be recount. Rountree: What was the turn out? Bowers: They didn't say, but I know there was 500. Corrie: I believe that's all the things that we deferred on the agenda. So hearing that I will entertain a motion for adjournment. Bird: I'll make a motion we adjourn. Bentley: Second. Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we adjourn. All in favor say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 9:50 P.M. (TAPE OF THESE PROCEEDINGS ON FILE) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK