250 Road Impact Fee Offset Agreement with ACHD
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 7, 1999-7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD AUGUST 17,1999:
(APPROVE)
B. BLOOD DRAW AGREEMENT WITH ADA COUNTY: (APPROVE)
C. APPROVE BILLS: (APPROVE)
REGULAR AGENDA
1. SWAAC REPORT / CURBSIDE RECYCLING BY STEVE SEDLACEK:
(PRESENTATION)
2. ORDINANCE #841 -- ANNUAL APPROPRIATION FOR FY 99-2000:
(APPROVE)
3. TABLED 8/17/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF
LOCUST GROVE RD: (APPROVE)
4. TABLED 8/17/99: ORDINANCE # -- ANNEXATION &
ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC .ENTERPRISES, INC.-SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 9/21/99)
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST
CHURCH I K. D. ROOFING-NORTH OF OVERLAND RO, SOUTH OF 1-84 &
EAST OF TEARE AVE: (APPROVE)
6. DEVELOPMENT AGREEMENT FOR TREASURE VALLEY BAPTIST CHURCH I
K.D. ROOFING BY TREASURE VALLEY BAPTIST CHURCH - NORTH OF
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OVERLAND, SOUTH OF 1-84 & EAST OF TEARE AVENUE: (APPROVE WITH
RESOLUTION #248)
7. ORDINANCE #842 -- ANNEXATION AND ZONING OF 4.6 ACRES BY
TREASURE VALLEY BAPTIST CHURCH - NORTH OF OVERLAND, SOUTH
OF 1-84 & EAST OF TEARE AVENUE: (APPROVE)
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL
USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST
CHURCH I K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 &
EAST OF TEARE AVE: (TABLE UNTIL 9/21/99)
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR USE OF EXISTING BUILDING FOR A
PRIVATE SCHOOL-BY CAPITAL CHRISTIAN CENTER-NORTH OF
FAIRVIEW & WEST OF EAGLE ROAD: (APPROVE)
10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
VARIANCE FOR TIME EXTENSION FOR FINAL PLAT OF PACKARD NO.1,
PHASE 2 BY TEALEY'S LAND SURVEYING - NORTH OF FAIRVIEW AND
WEST OF EAGLE ROAD: (APPROVE)
11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
VARIANCE FOR PRESSURIZED IRRIGATION IN MAWS NO.3 SUBDIVISION
BY TEALEY'S LAND SURVEYING - NORTH OF PINE AND WEST OF ADKINS
AVENUE: (APPROVE)
12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING OF 2.0 ACRES OF LAND FOR OFFICE USE (I-L
ZONING) FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD &
EAST OF EAGLE ROAD: (APPROVE)
13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING
CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-
NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: (TABLE UNTIL
1 0/5/99)
14. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG
ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL
CENTER BY FERMOR, LLC-NORTH OF 1-84 & WEST OF EAGLE ROAD,
EAST OF ALLEN STREET: (APPROVE WITH CONDITIONS)
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15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A DRIVE-THRU FOR MOXIE JAVA BY AVII
L.L.C.-1800 N LOCUST GROVE RD: (APPROVE)
16. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT INCLUDES SIGNAGE FOR CHEVRON C-STORE
WITH GAS PUMPS & DETACHED CAR WASH, MCDONALD'S WITH DRIVE-
UP WINDOW (SAME BUILDING AS C-STORE) & IDAHO UNITED CREDIT
UNION BY EAGLE PARTNER8-NW CORNER EAGLE ROAD & MAGIC VIEW
DR: (APPROVE)
17. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
VARIANCE TO REDUCE SETBACK BY GENE KLEFMAN AT LOT 10 BLOCK 3
OF LAKES AT CHERRY LANE NO.2: (APPROVE)
18. REQUEST FOR CONDITIONAL USE PERMIT FOR OPERA liON OF CORN
FIELD MAZE FROM SEPTEMBER 10TH THROUGH NOVEMBER 1ST, 1999 BY
SAM JOHNSON & THE MAIZE, LLC-LOCA TED AT THE SOUTHEAST
CORNER OF 1-84 AND EAGLE ROAD: (APPROVE)
19. PUBLIC HEARING: REQUEST FOR REZONE OF 7.265 ACRES FOR
CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE
LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I AND
SOUTH OF FAIRVIEW: (CITY ATIORNEY TO PREPARE FINDINGS)
20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO
CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE
BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II)BY WilliAM
& LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR
PHASE I & SOUTH OF FAIRVIEW: (CITY ATIORNEYTO PREPARE
FINDINGS)
21. PUBLIC HEARING: REGISTRATION FEES FOR NEW FALL RECREATION
CLASSES OFFERED THROUGH MERIDIAN PARKS AND RECREATION:
(ADOPT NEW FEES)
22. PUBLIC HEARING: ROAD IMPACT FEE OFFSET AGREEMENT WITH ACHD:
(APPROVE AGREEMENT - RESOLUTION #250)
23. ORDINANCE #843 -- TRANSFER OF CERTAIN PARCEL OF REAL
PROPERTY TO ACHD: (APPROVE)
24. ORDINANCE #844 -- GENERAL ELECTION I POLLING PLACE ORDINANCE:
(APPROVE)
cc:
Mayor Robert D. Corrie
Kenny Bowers
Wm. F. Gigray, ill M
Meridian Fire Station
ACHD Right-of-Way
Impact Fee Offset Agreement
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interoffice
MEMORANDUM
To: William G. Berg, Jr., City Clerk
From:
Subject:
Date: August 6, 1999
Will:
I am enclosing, with this memo, my letter of August 6, 1999, to Neal
Newhouse and a copy of my memo to you dated July 2, 1 999.
Please also find enclosed a "Public Notice of Written Agreement" and
the proposed "Ordinance" to effect the transfer of the property to ACHD. We now
have the go ahead from ACHD's attorney. This matter needs to be scheduled for
public hearing and passage of the ordinance, and authority given for the publication
of the notice. The date and time of the meeting will need to be inserted in the
notice. I suggest that a copy of the notice be mailed to ACHD for their information.
If you have any questions please advise.
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Office
of the
City Attorney
200 E. Carlton Ave. Suite 31
PO Box 1150
Meridian 10 83680-1150
Phone: 288-2499 Fax: 288-2501
E-mail: vvfg@wppmg.com
The City of Meridian - Idaho's Initial
Point of Beginning
To: Will Berg
From: Bill Gigray, City Attorney
cc Kenny Bowers
Re: Meridian Fire Station
ACHD Right of Way
Impact Fee Offset Agreement
Date: July 2, 1999
I am in receipt of the above from your office. Because this involves the transfer of
real property I recommend the following procedure. That the City follow the provisions of
I.C. 9 67-2322-2324 which requires the following step. That the City Council set a date
for its consideration of the radification of the agreement and direct that City Clerk to give
notice in (2) consecutive weeks in the paper prior to the meeting set for radification and
that the notice set forth the general terms of the agreement.
Because the above referenced statutes require both entities to go through this
procedure the ACHD needs to be notified of this action.
Radification of the agreement requires a 213rds vote of the Council.
If you need assistance with the notice please advise.
interoffice
MEMORANDUM
To:
Mayor Robert D. Corrie
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William G. Berg, Jr., City Clerk
AUG - 7 1999
rCITY OF MERIDL'iN
From:
Kenny Bowers, Fire Chief , ~_____
Wm. F. Gigray, III J4~v
PROCEDURE FOR CONVEYANCE OF RIGHT -OF-WAY TO ACHD BY
CITIES
Subject:
Date:
August 6, 1999
Mayor Corrie, Will and I(enny:
Please find attached to this memo a copy of the above procedure which
I received from Mr. Newhouse yesterday.
I am forwarding a copy to you for review and information.
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INTER-OFFICE' MEMO
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Procedure for conveyance of right-of-way to ACHD by cities. ~ ~
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FROM:
Larry Sale, J Schweitzer
M. Neal Newhouse k~
SUBJECT:
DATE:
August 2, 1999
Recently I have been concerned with the process a city must follow
if it is to dedicate or otherwise convey land to the Ada County Highway
District for right-at-way. The City ot Meridian recently was required by
Development Services to dedicate right-af-way on Franklin Road (I think)
in connection with obtaining ACHD approval for a condition use for a new
fire station, and in Ada County the City of Boise was conveying right-of-
way on Hill Road in connection with the new soccer park.
My concern was are these cities transferring the property to ACHD in
compliance with the relevant municipal statutes. If not, can ACHD be
assured it has clear title to the right-at-way. ACHD does not usually
obtain title insurance.
I have concluded that the cities can proceed under this statute:
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Idaho Code 9 50-1405. Transfer by exchange or gift
Real and personal property may be exchanged hereunder for
other property if the consideration received by said city shall be
deemed adequate by the council, provided, however, that aside from
the provisions of section 50-1403, Idaho Code, any city of the state
of Idaho mav by a vote of one-half ( 1/2) plus one (1) of the members
of the full council. by ordinance duly enacted. authorize the transfer
or convevance of any real or personal oroperty owned by such city to
* * * anv tax supported governmental unit. with or without any
consideration accruing to said city, when in the judgment of said
councilmen it is for the best interest of such city that said transfer
or conveyance be made.
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For a city, the ordinance adoption process is not materially different
from our resolution adoption process, so it should not be difficuJt for the
cities to comply with this statute. With respect to the specific
development applications to which this memo is addressed, I am advised
by Frank Hicks and Bill Gigray, respectively, that the City of Boise
proceeds under this statute in dedicating or conveying right-at-way to
ACHD, and the City of Meridian intends to do so with respect to the fire
station exaction. Development Services and/or Right-of-Way should be
provided with a copy of the ordinance.
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