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HomeMy WebLinkAboutKarate for Kids (Dolores Lisby) Street PavingWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 24, 1997 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 - Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor Dolores E. Lisby 4240 Meadow Wood Drive Meridian, ID 83642 375-4203 Re: Letter of Credit Dear Ms. Lisby COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH At the City Council meeting on October 7th, 1997, the City Council approve to return your letter of credit for the paving and drainage of parking lot behind 706 E. First Street (Lot 3 Block 4). Enclosed is your letter of credit and a copy of the approved minutes for that meeting. Thank you for your cooperation. Sincerely ..---_ /~~ William G. Berg, Jr. City Clerk • • us. e~-nitc U. S. BANK OF IDAHO INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUS5I FAX (208) 383-7641 IRREVOCABLE STANDBY LETTER OF CREDIT MAY 07, 199'7 ----------------------------------------------------------------- BENEFICIARY: APPLICANT: CITY OF MERIDIAN DOLORES E. LISBY 33 E. IDAHO AVE. 4240 MEADOW WOOD DRIVE MERIDIAN, IDAHO 83642 MERIDIAN, ID 83642 LETTER OF CREDIT NUMBER: S000791 ~~~~~~~ EXPIRY DATE: MAY Ol, 1999 AT: ISSUING BANKS INTERNATIONAL BANKING COUNTERS LOCATED AT 101 SOUTH CAPITOL BLVD., BOISE, IDAHO 83733 ON OR BEFORE 5:OOPM DEAR SIRS: WE HEREBY AUTHORIZE YOU TO DRAW ON U.S. BANK OF IDAHO, BOISE, IDAHO FOR ACCOUNT OF APPLICANT AS FOLLOWS: . THIS LETTER OF CREDIT IS ESTABLISHED IN THE AGGREGATE AMOUNT OF USD 4,939.25 ( FOUR THOUSAND NINE HUNDRED THIRTY NINE 25/100 USD) AVAILABLE BY YOUR DRAFT(S) DRAWN AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS: + THE ORIGINAL OF THIS LETTER OF CREDIT FOR ENDORSEMENT + A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED INDIVIDUAL OF THE BENEFICIARY AS FOLLOWS: "DOLORES E. LISBY HAS FAILED TO PERFORM OR COMPLETE ALL PAVING OF LOT AND DRAINAGE OF LOT 3 BLOCK 4 MERIDIAN TOWNSITE, SECTION 7 TOWNSHIP 3 NORTH, RANGE 1 EASE[, MERIDIAN, ADA, IDAHO, E. .BROADWAY AVENUE.." PARTIAL DRAWINGS NOT PERMITTED. ----------------------------------------------------------------- ~*73-~T~IISa~+ PAGE 1 FORMS AN INTEGRAL PART OF CREDIT S000791 ** ~~n ALL DRAFTS DRAWN MUST BE MARKED; " DRAWN UNDER U.S. BANK OF IDAHO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S000791" THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 WE HEREBY AGREE WITH DRAWERS OF DRAFTS UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT THE SAME SHALL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEE. ALL BANK CHARGES OTHER THAN THOSE OF U.S. BANK OF IDAHO, IF ANY, ARE FOR THE BENEFICIARY. U. S. BANK. OF IDAHO IS A MEMBER OF THE FEDERAL RESERVE SYSTEM A THORIZED S ATURE C~1~;~,l~l~G~ AUTHORIZED SIGNATURE PURSUANT TO U.S. LAW WE ARE PROHIBITED FROM ISSUING, TRANSFERRING, ACCEPTING OR PAYING LETTERS OF CREDIT TO ANY PARTY OR ENTITY IDENTIFIED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPARTMENT OF TREASURY, OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S. DEPARTMENT OF COMMERCE . ** THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT S000791 ** 16 -7349 -1 1 /94 Meridian City Council October 7, 1997 Page 37 conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council for the property required to meet the water and sewer requirements the fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to (inaudible) Rountree: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENT AT 706 E. FIRST STREET: Lisby: I am here again asking that you would drop the, I don't know what you would call it anyhow so that I wouldn't have to be forced to pave in back of my lot or in back of my building. There is a 30 by 120 feet that is mine and there is 30 by 120 feet that belong to Ruth Crow. If this kind of rings a bell for you when I was here March 19th putting this before you before. You told me that to keep at Ruth to try and get her to go ahead and pave this. I sent you a letter telling the dates that I called her nearly every single month since March and she defiantly says no way, no way. She has real problems her business is down, she can't see that it would better her business in anyway to pave. And positively no she will not do it. Well since I originally had bids on this for my property things have gone up. Not only to where it would be more than double close to $12,000 but it would probably be close to $15,000 now just to do my little 30 by 120 and a good share of that has cement on it now which wouldn't have to be done. I think that is exorbitant to place me under that kind of a condition where I would have her heavy beer trucks going through there breaking down my asphalt and the cement that I would have to put down the center for drainage. I ask that you would allow this to drop. If at any time perhaps on down the line that she would go for it boy I would jump at the chance to have it paved because I want to improve the property. But I can't do it from $5,000 to $15,000 I can't do it, that is just ridiculous. Not only that I would have to keep my drain cleaned, not only for my own which would be very little upkeep for my part but with alt her rocks and drainage and everything it would put a hardship on me. So I ask that you drop this. Corrie: Council, any discussion or questions, thoughts? Morrow. Mr. Mayor, do we not in our discussion in March give you the time to see until now to see if we can get Mrs. Crow (inaudible) did we not also have before us drawings that clearly indicated that ±he center of the drain would be centered on the property line so that it would drain both lots? Meridian City Council ~ • October 7, 1997 Page 38 Lisby: No, it would have to be on my property only. Morrow. I understand now, it is just you were being just your property was being paved, was not the original proposal that if both could be paved and the drain line would be in the center then it would drain in the center so it virould be mutually beneficial. Lisby: Yes, but where she refuses to do this of course it would all have to be on my property. Morrow. In order to keep it self contained then that would mean from a technical standpoint that the drainage line would be at the 15 foot point because you are 30 feet wide (inaudible) Lisby: Approximately yes. Morrow. Mr. Mayor, as a point of discussion here, essentially if Mrs. Crow is not willing to be a part of this and basically that leaves one portion it wouldn't make sense for us to require Ms. Lisby to try to create a drainage system where the drain line was at the 30 foot point which is where it should be. Essentially if you are going to on a 30 foot wide by 120 foot lot if you are going to locate a drain at the center and given the elevations that are over there then that means you have to have 4 comers as high points. Essentially as I am thinking Gary it would mean that your fall vuould have to be a fairly tremendous fall to get that something that is that long and that drain to narrow when it has been done in asphalt. Strikes me as it wouldn't be practical. I would ask Mr. Mayor if I could for Gary's comments on that observation. Smith: Mr. Mayor and Councilmen, drainage on a lot like that where it is long and narrow can generally be accomplished only by using a concrete valley gutter of some kind where you can control the grade. Otherwise just laying asphalt in to drain you need to run at 1 % minimum grade and you are right you can eat up some height, some depth there in pretty short order. But probably to drain that area you would need to use a concrete valley gutter of some kind to not get deep into the ground with your low spot. Morrow. Gary, if you use the %4 inch per foot rule those with respect to the concrete grade would be dropping almost 15 inches. Smith: When you are running concrete then you can go to I think the slope now on roadways is three tenths percent. So you can, an 1 /8 of an inch of per foot is 1 %, %4 inch per foot is 2%. So asphalt can't realistically be placed at less than 1 % grade and without ending up with some duck ponds. Concrete you can lay substantially flatter because you have better control on the grading. Morrow. I guess my point here would be that even with this particular design by the narrowness of tt'~e lot we are dropping down and then we also coming back you have back doors out of businesses coming into the same area. I am going to ask for an Meridian City Council October 7, 1997 Page 39 opinion now, in your opinion is this a practical thing to attempt to do without both participating? Smith: I think it would be very difficult to have a split maintenance situation here where Ms. Lisby would be paving her half and have gravel surface on the other half. I don't think you can control, you couldn't design half of it to drain on its own realistically because then you definitely would have a slope problem, an elevation problem. Morrow. Thank you, I have no more questions. Corrie: Counselor, we cannot require the other properties at this point is that correct? Crookston: I have to declare a conflict of interest, I have previously done work for Mrs. Crow. Morrow. Well let me rephrase the Mayor's question then, what about generically in the State of Idaho can you require anon-consenting property owner to do something (inaudible) Crookston: No Corrie: I would assume then without the (inaudible) Mr. Rountree any comments? Rountree: The only comment I would make is that I would certainly take Mrs. Lisby's offer to hold it in abase until such time as we have agreement of adjacent property owner then call (inaudible) on trying to get something resolved. She is shaking her head no and the reality is that it may never happen. But if both property owners could do something to improve the drainage and the parking situation in that area I think it would be a betterment for both properties as well as the City. Bentley: I would agree, I can't see any use in her laying out that money when it isn't going to work. Morrow: I guess Mr. Mayor, I would like to ask the counselor what is our proper procedure (inaudible). Crookston: Well I still declare my conflict of interest. I am not sure right now whether or not the City has the right to require that to be paved or not. It has been that way for many years that is just something that I would have to look into to see if the City has the right to do that. Morrow: I guess my question was how do we reverse how we got here in the first place, why was Ms. Lisby, what was the procedure that asked her t~ pave this in the first place? Meridian City Council October 7, 1997 Page 40 Crookston: I believe that and correct me if I am wrong I believe that she initially had an agreement with Mrs. Crow to try and get it done. Corrie: There was a conditional use permit that required on the people in the building (inaudible) Lisby: I have no idea what they said I was under the, I was told since that they got up and said that it would be, that they had no knowledge of that fact. I had no contract with them at the time they did that. I was under the idea that it was because 1 had remodeled the inside and outside of the building, is that true or not? Corrie: Shari (inaudible) I am thinking it was part of that conditional use permit from way back when. Stiles: Yes Mr. Mayor, it was part of the Karate School's conditional use permit, it was a requirement of that conditional use permit and that was done with Mrs. Lisby's consent and the site plan did show. We had a notarized consent to submit that application for the Karate School. Lisby: With my signature? Morrow: There is a difference here Mrs. Lisby between the application and the conditions. Stiles: I would not want to have the condition removed but if Ruth comes in and has to get a building permit the City can require her to pave that parking lot. Lisby: Then I would be willing to go for it because I want it. Morrow: 1 understand what you are saying Shari but as point of debate here in order to keep somebody from being held hostage the condition can't be there in my mind. I think that obviously if Mrs. Crow decides that she needs to add on or whatever then at that point in time the City may or may not be able to or want to require her to pave it. But I don't think that in teens of solving the dilemma here that in matters of inheritances and so on and so forth that may take place if there is a condition there which makes a cloud on the property and we haven't removed it then somebody at some point in the future has got an issue that they have to deal with. I guess my preference is that from our perspective that we remove that as a condition of approval on the conditional use permit so that it is done with. And at some point in time if the Crow's need a building permit and it is going to get paved then we make both properties pave the property. Stiles: How do you do that when you remove it as a condition? Morrow. Well, that is a good point (inaudible). Meridian City Council October 7, 1997 Page 41 Stiles: When we have findings that say that was part of the public hearing and isn't there anyway that we can say it is two years and revisit it then? Morrow: I don't think that I want to do that. Rountree: I hear what you are saying but I don't know how you track it. Stiles: I don't either. Rountree: We have trouble tracking more significant issues. Stiles: But when I am gone and somebody goes back and looks at the property and looks at the findings of fact for that property the findings are going to say they are required to pave. I would hate to see, I hate the word variance because I don't think it is something that we would want to grant a variance on. Morrow. I think what you do is you craft an amendment to the findings and attach it directly to the findings. Corrie: Why don't we have the Counselor's assistant look at this and give us the correct procedure and then we don't have to guess and bring it back to us the next meeting and then we can do it. I would rather be safe than sorry on this. I think Shari has a legitimate reason about the findings of fact. So if the Counsel and look and give us an answer it might help us all. Morrow. I don't have a problem with that from my perspective I just want it out. Corrie: And you are absolutely right we can't have a cloud hanging over that piece of property either. Rountree: And I don't have a problem with that approach as long as the intent is to minimize Mrs. Lisby hardship. Corrie: With that being the case Mr. Attorney would you put our assistant attorney on that since you have a conflict of interest. Thank you, we will get that. Stiles: Mayor, I had, did you have a bond on that? Lisby: (Inaudible) Stiles: Letter of credit and is it part of your reason that you want to get rid of that fetter of credit? Lisby: (Inaudible) that I am going to get a back hoe in there (inaudible) it is still going to be a big pain for me (inaudible). So I have a problem here, areal problem. (Inaudible) Meridian City Council October 7, 1997 Page 42 Stiles: Well Council can direct how we might be able to amend those findings so at least it said that requirement is postponed until such time as the adjacent property owner will coordinate their plans with you. Morrow: I am sorry Shari, what was your response? Stites: I would just like Council to be able to inform us whether we can add a simple phrase that the paving requirement is postponed until such time as the adjacent property owner is willing to coordinate their plans to pave the entire project is one. Morrow. Let the counselor work his way through that I don't think that I object to that. I think that probably the thing that we need to do now here though is release the letter of credit and that takes a Council motion. Which I .will move that we release that letter of credit. Rountree: Second Corrie: Motion made and seconded to release the letter of credit, any further discussion? All those in favor? Opposed? Lisby: (Inaudible) ITEM #18: JOHN ANDERSON: DISCUSSION OF WELL LOT IN SALMON RAPIDS SUBDIVISION: Corrie: He is not here, Gary is John Anderson going to come tonight? Smith: I talked to him and I thought he was going to be here. Well perhaps I can relate some of their concerns if you want me to. They have been approached by the developer to take ownership of that well and utilize it as a supplemental water source for the irrigation system. I have also been informed by Ed Squires that Marty Goldsmith has requested an increase in water rights on that well about double what it is I think he is asking fora 600 gallons per minute from the existing 300 gallons per minutes water right. Nampa Meridian Irrigation District is interested in taking ownership of that well for operation and maintenance. However they are very concerned about the restrictions that the Council placed on it for monitoring because of the adjacent perceived problems with the wells. They don't want to as !understand it they don't want to assume those restrictions if they do take the well for operation and maintenance. Those restrictions were pretty well outlined in the findings of fact for that subdivision. Rountree: Have we seen any of the results of the monitoring to indicate that there is an impact en those adjacent wells? • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7 1997 APPLICANT: ITEM NUMBER: 17 REQUEST: DOLORES LISBY -DISCUSSION OF PAVING REQUIREMENT AT 706 E. FIRST STREET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERI©IAN 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 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Professional Senrice~stries Meridian, Idaho September 22, 1997 ~~~~ SEP 2 3 1997 Meridian City Council Meridian City Hall Meridian Idaho 83642 QIV OF MF~IDtAN Dear Mr Berg, On March 19 , 1997 I apea red before Meridian C i ty ~"~unc i 1 about the paving of my lot behind my remodeled building of 706 E. First St. At that time Council told me to keep after Ruth Crow, owner of adjoining parking lot, to pave her side. Ruth and I had earlier decided to go together to install 'one' dra~i~m anal bpth ~rpperties to be paved. She backed out. There- fore, it has cost me extra for redoing the engineering plans and also would cost me over twice my share of my lot alone.. I've contacted Mrs. Crow continually dating April 15, May 21, June 30, Ay~.ist 3, and September 5, 1997. Each tires she said that, 'In no way would she go through with the paving of her lot, as her business had dropped drastically and no signs of it getting better'. She also had a leaky roof and other problems she would think of first. It would seem there is no way she is going to do this, now or ever.. The Council led me to believe in March 1997 they would perhaps dismiss my lot from being paved because of the excessive cost to myself and her customers and heavy beer trucks, etc., would be breaking down what l would lput in for paver~emt and drain. Please allow me to go before council to rehear my storey and to dismiss said lot. Yours truly, Dolores Lisby 4240 Meadow Wood Dr. Meridian, Idaho 83642 Phone 375-4203 Dolores Lisby 9290Mea~ow Wool Dr. Merit7tan, ID 83692 Professional Service .,~ ~~~V~ SEP 2 3 X97 Meridian City Council Meridian City Hall Meridian Idaho 83642 ~Y OF ~iF~tD~IAN Dear Mr Berg, On March 19 , 1997 I speared before Meridian City ~1QUnci1 about the paving of my lot behind my remodeled building of 706 E. First St. At that time Council told me to keep after Ruth Crow, owner of adjoining parking lot, to pave her side. Ruth and I had earlier decided to go together to install 'one' dra.i.m and '-~pth ~rpperties to be paved. She backed out There- fore, it has cost me extra for redoing the engineering plans and also would cost me over twice my share of my lot alone.. I've conta cted Mrs. Crow continually dating April 15, May 21 , June, 30, Ay+_~st 3, and September 5, 1997. Each t ir~ae she said that, 'In no way would she go through with the paving of her lot, as her business had dropped drastically and no signs of it getting better'. She also had a leaky roof and other problems she would think of first. It would seem there is no way she is going to do this, now or ever.. The Council led me to believe in March 1997 they would perhaps dismiss my lot from being paved because of the excessive cost to myself and her customers and heavy beer trucks, etc., would be breaking down what I would lput in for paver~emt and drain . Please allow me to go before council to rehear my storey and to dismiss said lot. ~~/' O ' / ~~ Meric7Tan, Idaho September 22, 1997 Yours truly, Dolores Lisby 4240 Meadow Wood Dr. Meridian, Idaho 83642 Phone 375-4203 1 ~~ 1~'~~ Dolores Lzeby 4240Meadow Wood Dr. Merlauziz, ID 83642 y~~ ~~" C7~~ Meridian City Council March 18, 1997 Page 28 Corrie: Now the decision and recommendation. Morrow. Mr. Mayor, I would move that we 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 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 and uniform fire code, parking, paving and landscape requirements and all of the ordinances of City of Meridian. With the additional stipulation that no building permit shall be issued for this project until such time as the final plat has been filed and recorded. The conditional use should be subject to review upon notice to the applicant by the city. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENTS FOR 706 E. FIRST STREET: Lisby: I would like to start, I hope that all of you have had the opportunity to read the letter that I sent to you. This is, I own the lot, this lot that we are talking about here. It is behind 706 E. 1 ~. My problem is originally Ruth Crow that owns the adjoining lot she and I were both going to go in together to do the paving which I want to do desperately. But under the circumstances where she has backed out of her wanting to do it is going to put an extreme hardship on me of over $5000 more than the proposed project because the drainage and all of that will have to be put onto my property rather than going right down through the center of the two lots. Her property lot is quite a bit higher than mine. So if I put the drainage in I am going to have the blunt end of having all of the responsibility of keeping that clean. All of her drainage is going to be coming into my drain which I will have to keep clean (inaudible). There is going to have to be a lot of cement put down the middle which is going to add a tremendous amount of money. You all have the plans there, it will cost me $5444 more by doing it myself than if she and I could do it together. What I need to maybe propose, I do want to pave this desperately that was one of my main projects when I first remodeled my building. With this acceptance here another thing where just one person is doing a lot like this the engineer says that we have to dig down I forget how many inches more than if we did the two lots together. That alone is costing another $930. There is extreme amount of traffic that is going through there from not only the Frontier Club, there is Harry's Bar and Grill, Taekawdo that is now leasing my building and then also a tremendous amount of traffic from the bank that goes through there. There is nearly as much traffic Meridian City Council March 18, 1997 Page 29 through those two lots as there is out on Broadway. So what I would like to find out and see if you would go along with is I was thinking possibly we could get some road (inaudible) after grading to specs, put the road (inaudible) no drain and see if that wouldn't work. Otherwise, I feel that I would be putting money pretty much down the drain because it would just be torn up with all of the traffic that would be put through there. I will leave you for questions or whatever. Morrow: (Inaudible) do you own the other two buildings? Lisby: No I don't Morrow: But yet you own the lot behind it. Lisby: Yes, I own one of the lots. There are two lots there Morrow: And they are the full length of the 3 buildings? Lisby: Yes it is 30 by 120. Morrow: Follow up question, is the requirement to pave this because of the change in tenants in the building? Lisby: No, as I understand it from Shari Stiles that it was under condition that when I remodeled my building that it had to be paved, is that correct? Morrow. That is because of the conditional (inaudible) Lisby: I was hoping that on down the line if I could make it as good as possible and make the drainage as well as possible on my portion maybe some time on down the line I could get Ruth to go along with me as we had planned. Corrie: What changed her mind? Lisby: She was, we had discussed this for over a year and she was pro and con and first she said she couldn't afford it and then she was all for it. And in fact she even went along and gave me half of the engineer's fee. Then she called me and said she doesn't have to do this because she doesn't need to do that to bring her customers in. So that is all I know. Corrie: There are some holes in there that you could lose a motorcycle. Lisby: Oh yes, and that is something else you see, it is never graded and I really want to upgrade my property, but I can't see going more than twice the amount that it would cost if her and I did it together. As well as the additional upkeep on down the line and Meridian City Council • • March 18, 1997 Page 30 the asphalt being broken down. And there are some pretty heavy trucks that go through there at times too. Morrow. I guess Mr. Mayor, Shari your comments and Gary your comments? Stiles: Councilman Morrow, Mayor and Council, I guess my comment would be, I asked Ms. Lisby to come here tonight because it was a condition of the Taekwondo school that they pave and landscape. Private schools do require conditional use permit no matter where they are at, so it wasn't just that it was in old town. Then when they indicated they had an agreement with Mrs. Crow to pave the. parking lot and even put in some landscaping it sounded great. But I do understand her problem and I guess my preference would be if Council approves the paving not be done today that at least a bond be put up for her amount of that parking lot. So in case we can get Mrs. Crow to change her mind that will be in place. Tolsma: (Inaudible) stalemate situation where Mrs. Crow possibly thinks it is going to get done anyway and why contribute (inaudible) until the other party agrees to participate (inaudible). Morrow: I have to tell you based on (inaudible) one part may have Ms. Lisby pave that portion then it becomes a freebie on the other side (inaudible) the way the ground is (inaudible) have its own specific grade. But it wouldn't function I don't think very well as a lot. Smith: Is there only 30 feet between the buildings? Morrow. No 60 feet (Inaudible) the design of this is predicated on the two lots being paved because (inaudible) on the property line. Smith: Mr. Mayor and Council members it would be difficult to pave half of it and keep the other half in gravel and as Ms. Lisby said it would be a maintenance nightmare for the paved portion will track onto the pavement and into the drain. It would be a tough maintenance situation. I think at the very minimum the lot should be graded and I think Ms. Lisby means road mix rather than road (inaudible). But s/. inch road mix was an adequate thickness of g/ road mix was placed in there and compacted it would be a much better surface then presently exists. I think, I don't know whether there is any liability from people walking out of the Frontier and stepping in a hole and following down. (Inaudible) Lisby: As it is some of her property has been graded by my contractor which has made it much better now so there isn't the pot holes in there that there once was. Tolsma: (Inaudible) use that free ACRD speed bump testing. Meridian City Council March 18, 1997 Page 31 Morrow. I guess from my perspective I don't have a problem with not paving it, I think the bond issue does make some pretty decent sense. The other part of the coin is this particular lot for as long as I can remember has been this way. I don't remember anything every being built on that lot. It .has always been that way and probably has been graded once and that was your contractor that got lost apparently and got on the other portion. I don't think it works if you don't have both people participate. Lisby: Believe me I tried, boy I tried. Bentley: Mr. Mayor I too would agree, I can't see where -doing one half is going to do any good especially if it is going to drain to the side that is paved with the drain. Rountree: We don't have enough people to establish an LID so we can't go at it from that angle. (Inaudible) Rountree: I think it is a difficult site and I agree it would certainly be nice to see it surfaced by it really is a disadvantage. Morrow I guess I have a technical question, Gary can you answer that or Shari can you answer that, in the terms of the issuance of a bond for this what is the life span of the bond, is that practical. We could be talking anywhere from a year to 75 years. Stiles: Councilman Morrow, Mayor and Council, a lot of the bonds we have had are either for a one or two year span. I would hope that within that 2 years we could work on Ruth a little bit. Morrow. So you see that in the 2 years you are prepared to either she acquiesces and they do this within a 2 year time span or the bond lapses and so be it. Stiles: I don't know what else to do. Lisby: May I ask a question, I am not sure I understand. In other words I put up a bond that if Ruth declines, within whatever time period -you put up that I don't have to go ahead with it, is that correct? Corrie: Well to a degree, the only thing is that your money is being tied up in a bond for 2 years. If she doesn't come around you have lost interest in your bond money, that is the-only technicality that I see would be a disadvantage here for you. Lisby: I am going to keep on her but I can't make any guarantee. I know that she, I think felt that she was pressured by me to start with to even say that she would go along with Meridian City Council March 18, 1997 Page 32 it. But she just finally said I don't need to get that paved to get my customers in there quote and unquote. Rountree: If that is being used as parking wouldn't it have to meet our ordinance to be paved or does it grandfather out? Morrow: I am sure that given the age of the building that (inaudible) nothing has ever been there. As far as I know along that size had either been restaurants or taverns. Lisby: My grandfather bought that property in 1933 and there has been nothing there. Stiles: Mr. Mayor and Council, I believe the City Clerk has been requiring that either be cash or a letter of credit because of the difficulty of collecting on the bond. Gary Smith said what happens when Ruth wants to get her liquor license renewed? Corrie: Another handle in other words. Morrow. Well 1 guess to move us along, from my perspective I don't have a problem at all with requiring the letter of credit or the cash bond. What that does from the City's standpoint is that guarantees that yours gets down when hers is ready so that commits you to the project. I also don't have a problem with a two year life span on working to get that parking lot in place. Bentley: Is that a motion? Morrow Well I guess counselor your opinion? Crookston: I have a conflict of interest because I have represented Ruth Crow for many years. I represent her corporation that owns the Frontier Club and have for a long period of time so I can't make any recommendations or opinions. Bentley: Go call John. Crookston: He has the same conflict. Morrow. Let me ask it in this manner, I am simply asking the methodology to get this done. (Inaudible) what is the procedure to do it. I am not asking about the merits (inaudible) Crookston: To modify the CU would require a petition application by Ruth Crow or Bill Frontier Club whoever the conditional use is named in they would have to request that modification. Or you could request it but you would have to give notice to Mrs. Crow that was desired. Meridian City Council March 18, 1997 Page 33 Morrow. (Inaudible) Crookston: Then she can request the modification just file it so we have documentation on it so we have her request in writing. Corrie: Could you not delay that for one year and give her time to talk Ruth into that whole program. That is just another scenario to throw out there. Morrow. Let me ask you this Mr. Crookston, the letter to Mayor Corrie is a request for that modification, although it doesn't say CU it is a request on the part of Ms. Lisby to have that changed. Rountree: I just throw this out as a suggested motion along the lines that we allow an extension of completion of paving of this lot as represented in the conditional use permit subject to the applicant providing a letter of credit or bond for two years and revisit it then. Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow, I am sorry I didn't hear it all Charlie, on reference to the tape, are there any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Did you understand what happened? Lisby: In other words then in two years I would come back and bring this before you again, is that true? Who would I send the letter? Morrow: To the City Clerk Berg: If you need any help or anything of that just call me. Lisby: Thank you ITEM #9: MERIDIAN LICENSING SERVICES AGREEMENT: Corrie: I guess this is the agreement we need to sign with the Motor Vehicle Department that we didn't get signed for the new moneys received from the City Clerk and the Sheriffs office in the amount of $172,396. Are there any questions from the City Council to the City Clerk on this one? • MERIDIAN CITY COUNCIL MEETING: March 18.1997 APPLICANT: ITEM NUMBER; 8 REQUEST: DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENTS FOR 706 E. 1ST STREET 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 s~C S~~ ~~ JQ ~S ~~~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian, Idaho March 13,1997 ~cE~vED MAR 13 1997 CITY OF MERIDIAN Mayor Corey City Council 33 E. Idaho Meridian, Idaho RE: Permit for 706 E. First St. and the paving of lot 3 block 4. Dear Mayor Corey and City Council, The paving and laying of a drain on said lot is of greatest concern to me. It would not only enhance the lot and City, but hold down dust and drain away water from unsight- ly potholes. However, under the present conditions and reg- u)ations it would prove to be a terrible hardship for me. My original quest was for Ruth Crow, owning the adjacent lot and myself going together to jointly install and keeping up the drain and to pave both her lot and mine. Ruth went so far as to pay her share in the .engineers plans and then at last date,December '96, stated she wouldn't go through with the deal, saying she didn't need to improve the lot to get her customers. The cost for moy part with Ruth going along with me would have been $ 4,939.25. This, included drain system, pave and grading, bumpers, stripping and signs. Without Ruth, my total is $ 10,383.35. The difference of $ 5,444.10. With this, I take the blunt of cost for the laying and upkeep of drain plus the extra of laying concrete gutter along center line between the two lots as well as $ 930.00 additional for grading to a "lower" depth and then putting it all back. "This" in my estimation is a bunch of hogwash! Ruth Crows property is higher then mine, it is never graded to keep potholes down and therefore I"d have the blunt end of all her drainage, dust, dirt and rocks going into my drain. It would be at my expense to clean her deberus from the drain. With only my lot being paved and with all the traffic from the Frontier Club, Harry's Bar and Grill, as well as Teacha- wondo and the Bank, myi paving job would be down the drain quickly! • I had been thinking of perhaps bringing in Rotomill after grading to specks had been done. This would at least help with the dust and drainage, then at a later date., hopefully, I could get Rutl•~ to go along with the proposed paving, etc. At this point, I can't see putting this kind of money into something that is going to be ruined nearly as soon as it is put in. As I said before, this would be a terrible hard- ship on me dollar wise. I would like to discuss this with all of you to find some solution. Respectively yours, Dolores Lisby 375-4203 9 ~ • • I M & B CONSTRUCTION P.O. BOX 1195 MERIDIAN, IDAHO 83680-1195 OFFICE: 333-8099 PAGER: 887-5892 MIKE DATE: FEB3 1997 JOB#034 PROPOSAL CLIENT: DELORIS LISBEY ,,,_.......~ ..~w~....~..~.....~.-__ LOCATION: 706- E-1 PARKING LOT PHONE: 375-4203 WE PROPOSE TO PERFORM ALL NECESSARY MATERIALS AND LABOR TO COMPLETE THE FOLLOWING: GRADE AND PAVE PARKING LOT IN BACK OF 706-E-1. THIS ALSO INCLUDES THE DRAIN SYSTEM. TOTAL COST: $10,383.35 '/z TO START: $5,191.68 BAL. AT COMPLETION $5,191.68 THANK YOU! MIKE DOWNER M&B CONSTUCTION OFFICE: 333-8099 MIKE: 866-8818 • M & B CONSTRUCTION P.O. BOX 1195 MERIDIAN, IDAHO 83680-1195 OFFICE: 333-8099 PAGER: 887-5923 WES PAGER: 887-5892 MIKE PROPOSAL • DATE: NOV. 21,1996 JOB#034 CLIENT: RUTH CROW LOCATION: 706-E-1, PARKING LOT IN BACK. PHONE: WE PROPOSE TO PERFORM ALL NECESSARY MATERIALS AND LABOR TO COMPLETE THE FOLLOWING: GRADE AND PAVE PARKING LOT IN BACK OF 706-E-i. THIS ALSO INCLUDES THE DRAIN SYSTEM. TOTAL COST: $5,974.25 '/z TO START: $2,987.13. BAL. AT COMPLETION $2,987.13 THANK YOU! WES. KLITZMAN M&B CONSTRUCTION OFFICE: 333-8099 MIKE: 866-2218 WES. 890.4119 --~.-o ~.-~.~ M & B CONSTRUCTION P.O. BOX 1195 MERIDIAN, IDAHO 83680-1195 OFFICE: 333-8099 PAGER: 887-5923 WES PAGER: 887-5892 MIKE • DATE: NOV. 21,1996 JOB#034 PROPOSAL CLIEI~TT: DELORIS LISBEY LOCATION: 706- E-1 PARKING LOT PHONE: 3 75-4203 WE PROPOSE TO PERFORM ALL NECESSARY MATERIALS AND LABOR TO COMPLETE THE FOLLOWING: GRADE AND PAVE PARKING LOT IN BACK OF 706-E-1. THIS ALSO INCLUDES THE DRAIN SYSTEM. TOTAL COST: $4,939.25 ~` '/2 TO START: $2,469.63 BAL. AT COMPLETION $2,469.63 THANK YOU! WES KLITZMAN M&B CONSTUCTION OFFICE: 333-8099 MIKE: 866-8818 WES. 890-4119 • • CALCULATIONS FOR PIONEER TENT & AWNING PROJECT N0.95339 PREPARED FOR: WEST ONE DECOKES LISBY -TRUST P.O. BOX 7928 BOISE, ID 83707 PREPARED BY: ~'~~~~ ~~~ ®~ ~~-sr~~,~ ~ ~~° ~°'~L9~91® ~~ ~~ ~~ ~~~ ~a ~ ~ Engineers Inc . 870 N. Linder, Meridian, ID 83642 (208) 887-7760 • Client Idaho Tent and Awning Date 1129197 Project Parking Lot Job No. 95339 Engirieers, Inc. Ennineer Roaer J Smith Sheet 1 of e~Z DRAINAGE CALCULATIONS **REVISION 1** **Note: See plan drawing CI.1 for areas** 1. RUNOFF VOLUME V = A (c) (i) (t) V =Volume A =Plan area c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm t =time =one hr for 50 year design storm PARKING LOT Vohime (ft3) Parking Lot 482, 2. SEEPAGE BEDS ROOF SECTION Volume (ft3) Idaho Tent & 180 Awning Harry's Bar & Grill 180 Notes: • General plan is to take roof drainage which is currently draining from Idaho Tent & Awning and Harry's Bar & Grill onto t9~e gravel area behind the buildings and combine it with the new asphalt drainage in one seepage bed in I,ot3. Adequate volume is retained in the seepage bed to take drainage from the gravel parking area adjac~iit to this project when it is paved • Seepage beds use ~" washed drain rock -- assume 35% voids • Seepage beds are.excavated to free draining sand and gravel with min. 2' of cover over the bed • Design bed depth is 3' • Seepage bed width is 12' • Free draining layer assumed to drain at 8 in/hr -- provides 0.67(Bed Area) reduction in bed volume Vrock = A' D = V~.35 A =Bed area D =Depth of rock bed VS = VRO - P =Volume of storm water required to be stored VRO =Total volume of storm water runoff P =p ' A = percolffiion volume drained during storm event p =percolation rate A _ VRo p + (0.35D) • Client Idaho Tent and Awning Date 1/29f97 Project Parkina Lot Job No. 95339 Engineers, Inc. Engineer Romer J Smith Sheet 2 of dL a) Seepage bed -- receives total drainage of 842 ft3 Using depth (D) = 3' Needed plan area = 491 ft2 Vrock = 1403 ft3 Notes: • PVC piping (ASTM D-3034) used for all lines from sand and grease trap to seepage bed perforated pipe • Pipe Manning's "n" used as 0.010 • Maximum flow (Q) based upon the rational method calculation Q = A (c) (i) A =Plan area (acre) c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm (one hour) a) Seepage bed QTotal = 0.23 cfs Using Manning's equation with 6" dia. PVC at pipe slope of 0.10%, flow depth is 4.7" (see p. 4) 4. SAND AND GREASE TRAP FLOWS Notes: • Use Boise Vault, Inc. sand and grease trap DB-1 or equivalent • Sand and grease trap flow area is 4.6 ft2 (1' 6" height x 3' S" width) • No baffle -use cross design per plan a) Trap velocity Velocity in trap = 0.23 cfs/4.6 ftZ = 0.05 fps s l J • CALCULATIONS FOR PIONEER TENT & AWNING PROJECT N0.95339 PREPARED FOR: WEST ONE DECOKES LISBY -TRUST P.O. BOX 7928 BOISE, ID 83707 PREPARED BY: ~'~ ~~~ Engineers, Inc. 870 N. Linder, Meridian, ID 83642 (208) 887-7760 ~~N~~~ ~~Q ~G~STEq~, ~ Q 1~29~70 ~,,'~' ~~4rE ~~ \®~~ • Client Idaho Tent and Awning Date 1129197 Proiect Parking_Lot Job No. 95339 Engineers, Inc. Engineer Roaer J Smith Sheet 1 of ~Z DRAINAGE CALCULATIONS * *REVISION 1 **Note: See plan drawing C1.1 for areas** 1. RUNOFF VOLUME V = A (c) (i) (t) V =Volume A =Plan area c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm t =time =one hr for 50 year design storm PARKING ROOF LOT Volume (ft3) SECTION Volume (ft3) Parking Lot 482 Idaho Tent & 180 Awning Harry's Bar & Grill 180 2 SEEPAGE BEDS Notes: • General plan is to take roof drainage which is currently draining from Idaho Tent & Awning and Harry's Bar & Grill onto the gravel area behind the buildings and combine it with the new asphalt drainage in one seepage bed in Lot 3. Adequate volume is retained in the seepage bed to take drainage from the gravel parking area adjacent to this project when it is paved • Seepage beds use 2" washed drain rock -- assume 35% voids • Seepage beds are excavated to free draining sand and gravel with min. 2' of cover over the bed • Design bed depth is 3' • Seepage bed width is 12' • Free draining layer assumed to drain at 8 in/hr -- provides 0.67(Bed Area) reduction in bed volume V rock = A ' D = Vs/0.3 5 A =Bed area D =Depth of rock bed VS = VRO - P =Volume of storm water required to be stored VRO =Total volume of storm water runoff P =p ' A =percolation volume drained during storm event p =percolation rate A _ VRo p + (0.35D) Client Idaho Tent and Awning Date 1129/97 Protect Parkina Lot Job No. 95339 Engirieers, Inc. Engneer Roger J Smith Sheet 2 of ~'L a) Seepage bed -- receives total drainage of 842 ft3 Using depth (D) = 3' Needed plan area = 491 ft2 V rock = 1403 ft3 3 SEEPAGE BED PIPING Notes: • PVC piping (ASTM D-3034) used for all lines from sand and grease trap to seepage bed perforated pipe • Pipe Manning's "n" used as 0.010 • Maximum flow (Q) based upon the rational method calculation Q = A (c) (i) A =Plan area (acre) c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm (one hour) a) Seepage bed QT°~- = 0.23 cfs Using Manning's equation with 6" dia. PVC at pipe slope of 0.10%, flow depth is 4.7" (see p. 4) 4 SAND AND GREASE TRAP FLOWS Notes: • Use Boise Vault, Inc. sand and grease trap DB-1 or equivalent • Sand and grease trap flow area is 4.6 ftZ (1' 6" height x 3' S" width) • No baffle -use cross design per plan a) Trap velocity Velocity in trap = 0.23 cfs/4.6 ft2 = 0.05 fps i~ CALCULATIONS FOR PIONEER TENT & AWNING PROJECT N0.95339 PREPARED FOR: WEST ONE DECOKES LISBY -TRUST P.O. BOX 7928 BOISE, ID 83707 ~®®~~~~ ~4 ~G1STEpR~ PREPARED BY: ~ ~ ~ ~ ~~;~ ~. Engineers, Inc. 870 N. Linder, Meridian, ID 83642 (208) 887-7760 Client Idaho Tent and Awning Date 1!29/97 Project Parkina Lot Job No. 95339 Engineers, Inc. Engineer Roger J Smith Sheet 1 of aZ DRAINAGE CALCULATIONS **REVISION 1** **Note: See plan drawing C1.1 for areas** 1. RUNOFF VOLUME V = A (c) (i) (t) V =Volume A =Plan area c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm t =time =one hr for 50 year design storm p~~G ROOF LOT Volume (ft3) SECTION Volume (ft3) Parking Lot 482 Idaho Tent & 180 Awning Harry's Bar & Grill 180 2. SEEPAGE BEDS Notes: • General plan is to take roof drainage which is currently draining from Idaho Tent & Awning and Harry's Bar & Grill onto the gravel area behind the buildings and combine it with the new asphalt drainage in one seepage bed in Lot 3. Adequate volume is retained in the seepage bed to take drainage from the gravel parking area adjacent to this project when it is paved • Seepage beds use 2" washed drain rock -- assume 35% voids • Seepage beds are excavated to free draining sand and gravel with min. 2' of cover over the bed • Design bed depth is 3' • Seepage bed width is 12' • Free draining layer assumed to drain at 8 in/hr -- provides 0.67(Bed Area) reduction in bed volume Vrock = A' D = VS/0.35 A =Bed area D =Depth of rock bed VS = VRO - P =Volume of storm water required to be stored VRO =Total volume of storm water runoff P =p ' A =percolation volume drained during storm event p =percolation rate Vxo A= p+~0.35D) 1 ,~ ' • Client Idaho Tent and Awning Date 1129197 Project Parking Lot Job No. 95339 Engineers, Inc. Engineer Roger J Smith Sheet 2 of dZ a) Seepage bed -- receives total drainage of 842 ft3 Using depth (D) = 3' Needed plan area = 491 ft2 V,°~k = 1403 ft3 3 SEEPAGE BED PIPING Notes: • PVC piping (ASTM D-3034) used for all lines from sand and grease trap to seepage bed perforated pipe • Pipe Manning's "n" used as 0.010 • Maximum flow (Q) based upon the rational method calculation Q = A (c) (i) A =Plan area (acre) c =Runoff coefficient c = 0.9 (concrete, roof, asphalt) i =rainfall intensity = 0.9 in/hr for 50 year design storm (one hour) a) Seepage bed QT°~~ = 0.23 cfs Using Manning's equation with 6" dia. PVC at pipe slope of 0.10%, flow depth is 4.7" (see p. 4) 4 SAND AND GREASE TRAP FLOWS Notes: • Use Boise Vault, Inc. sand and grease trap DB-1 or equivalent • Sand and grease trap flow area is 4.6 ft2 (1' 6" height x 3' S" width) • No baffle -use cross design per plan a) Trap velocity Velocity in trap = 0.23 cfs/4.6 ft2 = 0.05 fps