HomeMy WebLinkAbout2000 09-05
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Meridian City Council
Agenda
September 5, 2000, at 7:30 P.M.
Roll-Call:
x
X
City Council Chambers
Tammy deWeerd ' X Cherie McCandless
Ron Anderson X Keith Bird
X Mayor Robert Corrie
CONSENT AGENDA
A. Approve minutes of August 15, 2000, Special City Council Meeting:
Approve
B. Approve minutes of August 15, 2000, City Council Meeting: Approve
C. Approve minutes of August 21,2000, Special City Council Meeting:
Approve
D. Tabled July 5, 2000: Findings of Facts and Conclusions of Law:
CUP 99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84: Table to September 19, 2000
E. Amended Findings of Facts and Conclusions of Law: CUP 00-032
Request for Conditional Use Permit for 6.36 acres for a proposed Park-
and-Ride Lot by ACHD currently in a C-G zone - SWC of Meridian Road
and NEe of Overland Road: Table to September 19, 2000
F. Findings of Facts and Conclusions of Law: AZ 00-009 Request for
annexation and zoning of 101.4 acres from RT to R-4 for proposed
Autumn Faire Subdivision by Gem Star Properties, LLC - SWC of Black
Cat and Ustick Roads: Table to September 19, 2000
G. Findings of Facts and Conclusions of Law: PP 00-009 Request for
Preliminary Plat approval of 78.4 acres with 263 building lots and 12 other
lots for proposed Autumn Faire Subdivision by Gem Star Properties -
SWC of Black Cat and Ustick Roads: Table to September 19,2000
H. Findings of Facts and Conclusions of Law: VAC 00-005 Request for
vacation of the alley intersecting East 15t between Pine Avenue an Idaho
Avenue on eht east side currently in an OT zone for Generations Plaza
by Gary Benoit - East 1st and East Pine Avenue: Table to Septmeber
19,2000
I. Findings of Facts and Conclusions of Law: AZ 00-014 Request for
annexation and zoning of 2.297 acres from Test to R-4 for Randy Ware-
Franklin Road and Linder Road: Approve
J. Findings of Facts and Conclusions of Law: AZ 00-015 Request for
annexation and zoning of approximately 7 acres for proposed LOS
Church by Quadrant Consulting, Inc. - south of Overland Road, east of
Locust Grove Road on Charolais Drive: Approve
K. Findings of Facts and Conclusions of Law: V AR 00-016 Request for
variance to decrease the number of 3-inch Caliper trees due to the
unplantable area (irrigation and sewer easements) by Bob Albreacht and
Wayne E. McDonald - East 5th and King Streets: Approve
L. Findings of Facts and Conclusions of Law: CUP 00-039 Reques tfor
Conditional Use Permit for construction of an Arby's Restaurant with a
drive..thru on property located in an I-L zone by the Bailey Company and
TCFM Associates, Ltd. - Pad P-2 within Meridian Crossroads Shopping
Center at the SEe of Eagle Road and Fairview Avenue: Approve
M. Approve bills:
Regular Agenda
1. (Items moved from Consent Agenda)
2. Ordinance No. 883: Excretion of Human Waste: Approve
3. Ordinance No. 884: Concealed Weapons Ordinance: Approve
4,. Ordinance No. 885: Code Enforcement Division: Approve
5. Ordinance No. 886: Noise from 100 feet to 50 feet: Approve
6. Ordinance No. 887: Amdend the 1999/2000 FY Budget: Approve
7. Ordinance No. 888: Annual Appropriation of 2000/2001 FY Budget:
Approve
8. Ordinance No. 889: Ordinance establishing the recycling program:
Approve
9. Request by Bolo's Pub and Eatery to discuss issues pertaining to the
Meridian Police Department practices and policies, ie: sting oprations,
violation notification, communication and discovery procedures: Meet
with the Mayor
10. Continued Public Hearing from August 15, 2000: PP 00-014 Request
for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29
acres for proposed Waltman Court Subdivision by John and Sandra
Goade - Waltman Lane and SW 5th Street: Continue Public Hearing to
September 19, 2000
11. Continued Public Hearing from August 15, 2000: VAR 00-015
Request for a variance allowing the applicant to lower the finish floor
elevation below the Flood Plain because of the size of the site by Rod and
Sheri Eisele I Eagle Concrete Pumping in an I-L zone - Baltic Place in
the Meridian Busienss Park: Continue Public Hearing to September 19,
2000
12. Continued Public Hearing from August 15, 2000: AZ 00-016 Request
for annexation and zoning of 10.19 acres from RT to R-8 for proposed
Wilkins Ranch Village PUD by Steiner Development, LLC - south of
Ustick Road and east of Black Cat Road: Attorney to prepare Findings
of Facts and Conclusions of Law for approval
13. Continued Public Hearing from August 15, 2000: PP 00-016 Request
for Predliminary Plat approval of 48 building lots with 1 existing home and
5 other lots on 10.19 acres for proposed Wilkins Ranch Village PUD by
Steiner Development, LLC - south of Ustick Road and east of Black Cat
Road: Attorney to prepare Findings of Facts and Conclusions of Law
for approval
14. Continued Public Hearing from August 15, 2000: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch Village
PUD consisting of 48 single-family lots ranging from 5,252 s.f to 9,525 s.f.
in a proposed R-8 zone by Steiner Development - south of Ustick Road
and east of Black Cat Road: Attorney to prepare Findings of Facts and
Conclusions of Law for approval
15. Continued Public Hearing from August 15, 2000
REGULAR AGENDA
. j
Meridian City Council
Agenda
September 5, 2000, at 7:30 P.M.
Roll-Call:
City Council Chambers
~Tammy deWeerd (/ Cherie McCandless
=:K=-Ron Anderson X Keith Bird
X Mayor Robert Corrie
Consent Aaenda
A. Approve minutes of August 15, 2000, Special City Pre-Council
Meeting: tlrtjJrOVe.-
B. Approve minutes of August 15, 2000, City Council Meeting: O/j3roV'~
C. Approve minutes of August 21, 2000, Special City Council Meeting: o/prvv.e.--
D. Tabled July 5,2000: Findings of Fact and Conclusions of Law: CUP
99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84: -1M/€- ~ 7 9~/q-t?O
E. Amended Findings of Facts and Conclusions of Law: CUP 00-032
Request for Conditional Use Permit for 6.36 acres for a proposed Park-
and-Ride lot for 100 vehicles by Ada County Highway District currently in
a C-G zone - southwest comer of Meridian Road and northeast corner of
Overland Road: ~M. ~ q--t Cf--(}{)
F. Findings of Facts and Conclusions of Law: AZ 00-009 Request for
annexation and zoning of 101.4 acres from RT to R-4 for proposed
Autumn Faire Subdivision by Gem Star Properties, LLC - southWest
corner of Black Cat and Ustick Roads: -h,.61.e. ~t) P/"'""lq--OiJ
G. Findings of Facts and Conclusions of Law: PP 00-009 Request for
Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other
lots for proposed Autumn Faire Subdivision by Gem Star Properties,
LLC - southwest corner of Black Cat and Ustick Roads: ft/J/e tvrv-/71 Q-/9-00
Meridian City Council Agenda - September 51 2000
Page 1
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommcxfation for disabilities related to documents and/or hearings, please contact the City Cler1<s
Office at 888-4433 at least 48 hours prior to the public meeting.
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H. Findings of Facts and Conclusions of Law: V AC 00-005 Request for
vacation of the alley intersecting East 1 st between Pine Avenue and Idaho
Streets on the east side currently in an OT zone by Gary Benoit - East
1st and East Pine Avenue: ~t&Jle tv472 r-It1-CJtJ
I. Findings of Fact and Conclusions of Law: AZ 00-014 Request for
annexation and zoning of 2.297 acres from R1 to R-4 for Randy Ware -
Franklin and Linder: ~~v.e-
J. Findings of Facts and Conclusions of Law: AZ 00-015 Request for
annexation and zoning of 7 (+/-) acres for proposed LOS Church by
Quadrant Consulting, Inc., - south of Overland Road, east of Locust Grove
Road on Charolais Drive: aJ?3 ro v.e..
K. Findings of Facts and Conclusions of Law: VAR 00-016 Request for
variance to decrease the number of 3-inch Caliper trees due to the
unplantable area (irrigation and sewer easements) by Bob L. Albrecht
and Wayne E. McDonald - East 5th and King Street: ~rtJv<--
L. Findings of Facts and Conclusions of Law: CUP 00-039 Request for
Conditional Use Permit for construction of an Arby's Restaurant with a
drive-thru on property in an I-L zone by The Bailey Company & TFCM
Associates, Ltd. - Pad P-2 within Meridian Crossroads Shopping Center,
southeast corner of Eagle Road and Fairview Avenue: o/p-t?vz-e-
M. Approve bills: tLpp-rov~
Reaular Aaenda
1. (items moved from Consent Agenda)
2. Ordinance ~tJ3. Excretion of Human Waste: tJ;/ff1TtJlr<"-
3. Ordinance 884-: Concealed weapons Ordinance: ~v:e..
4. Ordinance f385': Code Enforcement Department: tlf7llY6lfre-
5. Ordinance ~86: Noise from 100 feet to 50 feet: vj?(Jrl9v-L
6. Ordinance Bg 7: Amending the 1999/2000 Fiscal Year Budget: ~I/.e-
Meridian City Council Agenda - September 5, 2000
Page 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Ordinance &J~& : Annual Appropriation for the 2000 I 2001 Fiscal
Year Budget: ~h?V~
Ordinance g &9: Ordinance establishing the recycling program: ~(/,.e-
Request by Bolo's Pub and Eatery to discuss issues pertaining to the
Meridian Police Department practices and policies; i.e.: sting operations,
violation notification, communication and discovery procedures:
/N!e;f. wtr/v i1tR- hl-tl r
Continued Public Hearing from August 15, 2000: PP 00-014 Request
for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29
acres for proposed Waltman Court Subdivision by John and Sandra
Goade - Waltman Lane and SW 5th Street:
et7YVh~ jJlh- h d/-I'l--06
Continued Public Hearing from August 15, 2000: VAR 00-015
Request for a variance allowing applicant to lower the finish floor elevation
below the Flood Plain because of the size of the site by Rod and Sheri
Eisele I Eagle Concrete Pumping in an I-L zone - Baltic Place in the
Meridian Business Park.: I 0 lj
~~ fJtA- ~ 7--1,-tJ't?
Continued Public Hearing from August 15, 2000: AZ 00-016 Request
for annexation and zoning of 10.19 acres from RT to R-8 for proposed
Wilkins Ranch Village planned-unit development by Steiner
Development, LLC - south of Ustick Road and east of Black Cat Road:
~ h? ;:Juj/~ -f'1? t e/-e..
Continued Pub'1ic Hearing from August 15, 2000: PP 00-016 Request
for Preliminary Plat approval of 48 building lots with 1 existing home and 5
other lots on 10.19 acres for proposed Wilkins Ranch Village planned-
unit development by Steiner Development, LLC - south of Ustick Road
and east of Black Cat Road: ///, ~ ./
~ ~ pu-pa--.er-lr'if el'..e
Continued Public Hearing from August 15, 2000: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch Village
planned-unit development consisting of 48 single-family lots ranging from
5,252 s.f. to 9,525 s.f., in a proposed R-8 zone by Steiner Development -
south of Ustick Road and east of Black Cat Road:
a~ 'fo fh-efO tl/l.( -//~ 9' e /.-l
Continued Public Hearing from August 15, 2000: AZ 00-013 Request
for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park
Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot
Group - south of Fairview Avenue and east of Locust Grove Road on
Wilson Lane:
~17~ piA .-!rJ 1-/9-00
Meridian City Council Agenda - September 5, 2000
Page 3
All materials presented at pubtic meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
16.
17.
18.
19.
20.
21.
22.
23.
24.
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Continued Public Hearing from August 15, 2000: PP 00-015 Request
for Preliminary Plat approval of two building lots on 5.4 acres for proposed
Elliot Industrial Park Subdivision in an I-L zone by Chuck Elliot, The
Elliot Group - south of Fairview Avenue and east of Locust Grove Road
on Wilson Lane: t!~/J~ ;JII~ -/z.? tj'-ltf-tJtJ
Tabled from August 15, 2000: CUP 00-033: Request for Conditional
Use Permit to construct office and shop for proposed Elliot Industrial
Park Subdivision in an I-L zone by Chuck Elliot, The Elliot Group - south
of Fairview Avenue and east of Locust Grove Road on Wilson Lane:
-IzvUL ~( q-ICI-oo
Public Hearing: Request for variance from the maximum 100Q-foot block
length for Bear Creek Subdivision by Briggs Engineering - east of
Stoddard and south of Overland: /'1
pi ~17-.e':1 /C7 jJ-V!-(/ ~ r / '.f"' .( cl...e
Public Hearing: VAC-00-005 Request for vacation of public utilities,
drainage and irrigation easement along common lot line between Lots 22
and 23 of Block 10, The Lakes at CherN Lane No.6, by Ron Leslie:
a7-~cY To ;ru-f?tt/l-e -/"'/F.f el..e
Public Hearing: VAC 00-007 Request for vacation of public utilities,
drainage and irrigation easement along common lot line between Lots 35
and 36, Block 17 of Haven Cove Subdivision No. 9 by Glenn Blaser -
east of Ten Mile Road and north of Pine Avenue on Ebbtide Street:
tJf(~~ I<> ~~--I:;+i el-e.
Public Hearing: \tAR 00-013 Request for a variance of the 1,OaO-foot
maximum block length for proposed Bridgetower Subdivision by
Primeland Development Co., LLP in a proposed R-4 zone - north of
Ustick and east of Ten Mile Roads:~/ '
a~<1: -,b ~p~ h',C -I el.e.
Public Hearing: AZ 00-017 Request for annexation and zoning of 52.90
acres from RT to R-4 by Primeland Development Co., LLP, for proposed
Bridgetower Subdivision - north of Ustick and east of Ten Mile Roads:
a~'1 -10 fhR-fJa-..-(. .pIt: f c(.e.
Public Hearing: VPP 00-017 Request for Preliminary Plat approval for
proposed Bridgetower Subdivision with 106 building lots, 1 HOA
recreation center, 1 park lot and 19 common lots on 46.2 acres in a
proposed R-4 zone by Primeland Development Co., LLP - north of Ustick
and east of Ten Mile Roads: ,/
/L-~1 10 ~f?a-( .;:'if: I c /L
Public Hearing: CUP 00-043 Request for Conditional Use Permit to
construct a plann~-unit development consisting of 106 buildable lots by
Meridian City Council Agenda - September 5,2000
Page 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 88s.4433 at least 48 hours prior to the public meeting.
Primeland Development Co., LLP, for proposed Bridgetower
Subdivision - north of Ustick and east of Ten Mile Roads:
tfl ~ /l7 f1'L1' a-c -,e( fie /e
Public Hearing: PFP 00-002 Request for Preliminary I Final Plat
approval for proposed Presidential Subdivision by Developers
Diversified I Dakota Company with three building lots on 10.99 acres in an
I-L zone - southeast corner of Presidential Drive and Eagle Road at the
Meridian Crossroads Center:
&?n-7Jh-/A..L pilL ~ '1-1$-00 ~ 6.rgoflA/
Public Hearing: VAR 00-020 Request for a variance for the reduction of
landscaping requirements to allow new construction site to match existing
and as typical for the area and subdivision for Seven Gates by Darol
Forsythe I Seven Gates Properties - Lots 8, 9 and 10 of Block 1 of the
Layne Industrial Park:
e:,:lYthn~ ;JIlt f.o o/-IJ--tJO ~ 6!3ojJn-,
Public Hearing: VAR 00-019 Request for a variance of the required size
and number of trees from 37 three-inch Caliper trees to 27 two-inch
Caliper trees for The Bower Street, LLC - southwest corner of Bower
Street and East 5th Street:
Cl7n_:7Jhue- piA- ~ 9-/3-tlo @ 6~3c//~
Public Hearing: Registration fees for new fall recreation classes offered
through Meridian Parks and Recreation: a-pproV'.Jt../
Public Hearing: Proposed change to the Notice of Mailing Ordinance
allowing first-class mail to replace certified mail for notification of public
hearings: ctPn,~; /1,u..f2. ~I It. ft> 9-1.3-00 r2 6: 3L7 /"'---'
30. Public Hearing: Proposed changes to the Landscape Ordinance by the
City of Meridian: (' ()n~~il1P<-L f1! fL -fz; 9-/3 .-[)I) €! 6~ 30 fn..-
31. CUP 00...044 Request for Conditional Use Permit to construct a 4125 s.f.
tilt-up concrete building for Eagle Concrete Pumping by Rod and Sheri
Eisele in the Flood Plain Overlay District currently in an I-L zone - North
Baltic Place in Meridian Business Park:
-;-~Ue- Iv 1-'(tt--tJO
32. CUP 00-042 Request for Conditional Use Permit to construct a Carl's Jr.
Restaurant with a drive-thru window by Greenstar Foods and TFCM
currently in an I-L zone - located on Pad P-3 at the Meridian Crossroads
Center: 'h",/;/...;v.(o 1-/ C; --tl1J
25.
26.
27.
28.
29.
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Meridian City Council Agenda - September 5, 2000
Page 5
All materials presented at publiC meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
33.
35.
36.
37.
38.
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34.
FP 00-016 Request for Final Plat approval of 38 building lots and 1 other
lot on 11.05 acres for Packard Subdivision No. 4 by Packard Estates
Development, LLC - southeast quarter, Section 5, T3N, R 1 E:
ftble f.<> q--(q-t?O
FP 00-017 Request for Final Plat approval of 3 building lots on 18+/-
acres for proposed Worden Subdivision currently in an Ada County RT
zone by Randy and Linnea Worden - Amity and South Locust Grove:
~ Iv 9~/J-CJ()(? G:Jo/~
Amendment of one Condition of Approval for Bear Creek Subdivision -
Drainage in the park: tt/fJrov.( 4J)-1.~~
Request for hook-up to City services for Terrace Lawn Memorial
Gardens by Tim T. Gibson - 1200 N. Cloverdale Road:
a-/-hn.~ -Ie jJl-.e-p~ ~?reeyh.~
COMPASS Destination 2020 Plan:
tv i I( d if U< J r I edfl-t- c:t..az L - ill tKL -Iv '1-19- 0 (1
DeparbnentReports:
A. City Engineer - Gary Smith:
1. Bid Results for the Ustick Reservoir Landscape
Contract: r~deGt- de 6-/?:ts
B. Mayor Robert D. Corrie:
1. Appointment of Planning and Zoning Commissioner: /l~
2. Nampa Meridian Master Pathway Agreement
Discussion: ~/Jca-r5 /e:1/I-~
3.
A T & T and Cable One Option: MPM- ch~ r
h ~ tc71--
Cherry Lane No.8 Agreement for Land Swap
/C.~ ?</72L ch~ ~
4.
Meridian City Council Agenda - September 5,2000
Page 6
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
. :.~
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\
Meridian City Council
Agenda
September 5, 2000, at 7:30 P.M.
Roll-Call :
City Council Chambers
~ Tammy deWeerd tl Cherie McCandless
~ Ron Anderson >C Keith Bird
X Mayor Robert Corrie
.
Consent Aaenda
A. Approve minutes of August 15, 2000, Special City Pre-Council
Meeting: t'bf'frov-e
B. Approve minutes of August 15, 2000, City Council Meeting: O/jJYlJV'-t."
C. Approve minutes of August 21, 2000, Special City Council Meeting: ti/jJpn;V'~
D. Tabled July 5, 2000: Findings of Fact and Conclusions of Law: CUP
99-039 Request for Conditional Use Permit for planned unit
development including continuing care retirement community, single- and
multi-family residential and office and retail use by Touchmark Living
Centers - Joseph A. Billig - east of St. Luke's between Franklin Road
and Interstate 84: .-!a/;/e ~ 7 o/-,Iq--Oo
E. Amended Findings of Facts and Conclusions of Law: CUP 00-032
Request for Conditional Use Permit for 6.36 acres for a proposed Park-
and-Ride lot for 100 vehicles by Ada County Highway District currently in
a C-G zone - southwest comer of Meridian Road and northeast corner of
Overland Road: ~M. ~ q--t Cf~OtJ
F. Findings of Facts and Conclusions of Law: AZ 00-009 Request for
annexation and zoning of 101.4 acres from RT to R-4 for proposed
Autumn Faire Subdivision by Gem Star Properties, LLC - southwest
corner of Black Cat and Ustick Roads: -hL.ble ~f) Pj,../q--(}cJ
G. Findings of Facts and Conclusions of Law: PP 00-009 Request for
Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other
lots for proposed Autumn Faire Subdivision by Gem Star Properties,
LLC - southwest corner of Black Cat and Ustick Roads: N/.e t</J'vhl 9-/9-tJO
Meridian City Council Agenda - September 5, 2000
Page 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
H. Findings of Facts and Conclusions of Law: V AC 00-005 Request for
vacation of the alley intersecting East 1 st between Pine Avenue and Idaho
Streets on the east side currently in an aT zone by Gary Benoit - East
1st and East Pine Avenue: +a./J(e ~2 '{-(tj'-tJo
I. Findings of Fact and Conclusions of Law: AZ 00-014 Request for
annexation and zoning of 2.297 acres from R 1 to R-4 for Randy Ware -
Franklin and Linder: c~~v.e..-
J. Findings of Facts and Conclusions of Law: AZ 00-015 Request for
annexation and zoning of 7 (+/-) acres for proposed LOS Church by
Quadrant Consulting, Inc., - south of Overland Road, east of Locust Grove
Road on Charolais Drive: aJ?O rov-e...
K. Findings of Facts and Conclusions of Law: VAR 00-016 Request for
variance to decrease the number of 3-inch Caliper trees due to the
unplantable area (irrigation and sewer easements) by Bob L. Albrecht
and Wayne E. McDonald - East 5th and King Street: a-;or(7l/~
L. Findings of Facts and Conclusions of Law: CUP 00-039 Request for
Conditional Use Permit for construction of an Arby's Restaurant with a
drive-thru on property in an I-L zone by The Bailey Company & TFCM
Associates, Ltd. - Pad P-2 within Meridian Crossroads Shopping Center,
southeast corner of Eagle Road and Fairview Avenue: o/;n-v~
M. Approve bills: Cl. fJf'O if>>
Reaular Aaenda
1. (items moved from Consent Agenda)
2. Ordinance ~ e 3 · Excretion of Human Waste: d/f flHJ &r<-
3. Ordinance &84-: Concealed weapons Ordinance: ~VL
Ord.-nance t? e!:? -.
4. v Code Enforcement Department: tlf'PY"'IrL
5. Ordinance ~f;6: Noise from 100 feet to 50 feet: v"/7pv-..e..
6. Ordinance eg 7: Amending the 1999 /2000 Fiscal Year Budget: #~v.e-
Meridian City Council Agenda - September 5,2000
Page 2
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
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Meridian City Council MeetinQ
September 5. 2000
The City Council meeting of the Meridian City Council was called to order by
Mayor Robert D. Corrie at 7:40 p.m. on Tuesday, September 5,2000.
Members present: Robert Corrie, Ron Anderson, Tammy deWeerd, Keith Bird
Members absent: Cherie McCandless.
Others present: Bill Nichols, Shari Stiles, Gary Smith, Ken Bowers, Tom Kuntz,
Bill Gordon, Dave Bowman, Will Berg
Corrie: Its 20 minutes to 8:00; I will open the meeting for September 5, 2000, and
Mr. Clerk, would you call roll, please. Welcome everybody here this evening. We
will probably go up till about - quarter till 10 so we can get out of here at 10.
deW eerd: I can leave at 10.
Corrie: Until about 10 o'clock. We have 20 public hearings tonight and I don't
know whether will get them all done we've got one the Councilman that has to
leave by 10 o'clock. So we will get as far as we can and then we will date certain
the next meeting will be the 19th of September for the remaining ones we don't
happen to get to tonight. But will kind of inform you of how we're going in case
(inaudible) the testimony that is close to 1 0 o'clock you probably believe we'll
have it the 19th.
Item A.
Item B.
Item C.
Item D.
Item E.
Approve minutes of August 10,2000, Special City Council
Meeting:
Approve minutes of August 22,2000, Special City Council
Meeting:
Approve minutes of August 24,2000, Special City Council
Meeting:
Tabled from July 5, 2000: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single- and multi-family residential and office and retail
use by Touchmark Living Centers - Joseph A. Billig - east of
St. Luke's between Franklin Road and Interstate 84:
Tabled from September 5, 2000: Amended Findings of Facts
and Conclusions of Law: CUP 00-032 Request for Conditional
Use Permit for 6.36 acres for a proposed Park-and-Ride Lot for
Meridian City Council Meeting (
September 5,2000
Page 2
Item F.
Item G.
Item H.
Item I.
Item J.
Item K.
Item L.
100 vehicles by Ada County Highway District currently in a C-G
zone - southwest corner of Meridian Road and northeast corner of
Overland Road:
Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: AZ 00-009 Request for annexation and
zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire
Subdivision by Gem Star Properties, LLC - southwest corner of
Black Cat and Ustick Roads:
Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: PP 00-009 Request for Preliminary Plat
approval for 78.4 acres with 263 building lots and 12 other lots for
proposed Autumn Faire Subdivision by Gem Star Properties -
southwest corner of Black Cat and Ustick Roads:
Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: VAC 00-005 Request for vacation of the
alley intersecting East 1 st between Pine Avenue and Idaho Street
on the east side currently in an OT zone for Generations Plaza by
Gary Benoit - East 1st and East Pine Avenue:
Findings of Facts and Conclusions of Law: AZ 00-016 Request
for annexation and zoning of 10.19 acres from RT to R-8 for
proposed Wilkins Ranch Village planned-unit development by
Steiner Development, LLC - south of Ustick Road and east of
Black Cat Road:
Findings of Facts and Conclusions of Law: PP 00-016 Request
for Preliminary Plat approval of 48 building lots with 1 existing home
and 5 other lots on 10.19 acres for proposed Wilkins Ranch
Village planned-unit development by Steiner Development, LLC -
south of Ustick Road and east of Black Cat Road:
Findings of Facts and Conclusions of Law: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch
Village planned-unit development consisting of 48 single-family
lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by
Steiner Development - south of Ustick Road and east of Black Cat
Road:
Findings of Facts and Conclusions of Law: V AR 00-017
Request for variance from the maximum 1,OOO-foot block length for
Bear Creek Subdivision by Briggs Engineering - east of Stoddard
Lane and south of Overland Road:
Meridian City Council Meeting(
September 5, 2000
Page 3
Item M.
Item N.
Item o.
Item P.
Item Q.
Item R.
Item s.
Item T.
Item U.
Findings of Facts and Conclusions of Law: V AC 00-005
Request for vacation of public utilities, drainage and irrigation
easement along common lot line between Lots 22 and 23 of Block
10, The lakes at Cherry Lane No.6, by Ron Leslie:
Findings of Facts and Conclusions of Law: V AC 00-007
Request for vacation of public utilities, drainage and irrigation
easement along common lot line between Lots 35 and 36, Block 17
of Haven Cove Subdivision No.9 by Glenn Blaser - east of Ten
Mile Road and north of Pine Avenue on Ebbtide Street:
Findings of Facts and Conclusions of Law: V AR 00-013
Request for a variance of the 1,OOO-foot maximum block length for
proposed Bridgetower Subdivision by Primeland Development
Co., LLP, in a proposed R-4 zone - north of Ustick Road and east
of Ten Mile Road:
Findings of Facts and Conclusions of Law: AZ 00-017 Request
for annexation and zoning of 52.90 acres from RT to R-4 by
Primeland Development Co., LLP, for proposed Bridgetower
Subdivision - north of Ustick Road and east of Ten Mile Road:
Findings of Facts and Conclusions of Law: PP 00-017 Request
for Preliminary Plat approval for proposed Bridgetower
Subdivision with 106 building lots, 1 HOA recreation center, 1 park
lot and 19 common lots on 46.2 acres in a proposed R-4 zone by
Primeland Development Co., LLP - north of Ustick Road and east
of Ten Mile Road:
Findings of Facts and Conclusions of Law: CUP 00-043
Request for Conditional Use Permit to construct a planned-unit
development consisting of 106 building lots by Primeland
Development Co., LLP for proposed Bridgetower Subdivision -
north of Ustick Road and east of Ten Mile Road:
Development Agreement: Packard Acres Subdivision with
Packard Estates Development, LLC:
New Beer and Liquor License: Applebee's Neighborhood Grill
& Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road:
Resolution No. 336: For first addendum for franchise agreement
to perform solid waste collect~on for SSI to provide for the addition
of recycling program:
Meridian City Council Meeting('
September 5,2000
Page 4
Item V.
Resolution No. 337: To provide for the increase in rates and set
solid waste collection rates:
Corrie: Council you have the consent agenda in front of you any changes you
wish to make at this time?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Items 0, which is Touchmark Findings of Fact, Item E, Park-and-Ride for
Ada County Highway District; Item F, which is the Findings of Fact for Autumn
Faire G, is the preliminary plat for Autumn Faire; and Item H would all like to be
continued or pulled until September 19, 2000. With that change I make a motion
that we approve the Consent Agenda as it stands.
Anderson: Second.
Corrie: Okay motion is made and second to approve the Consent Agenda with
deletion of Items 0, E, F, G and H until September 19, 2000. Any further
discussion?
deWeerd: Mr. Mayor. Would those include the corrections that staff noted?
Bird: Yes. The staff noted corrections, I believe, it was J and K wasn't it?
Corrie: Yes. It was J and K. Okay any further discussion? I'm hearing none. All
those in favor the motion - no let's roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 2.
Ordinance No. 883: Excretion of Human Waste:
Corrie: Motion for the Consent Agenda is approved. Now for the regular agenda
number items from the Consent Agenda so we'll go to Item No.2, which is an
Ordinance Excretion of Human Waste. Ordinance No. 883 Mr. Berg if you will
read Ordinance No. 883 by title only please.
Berg: Thank you Mr. Mayor Ordinance No. 883 an Ordinance of the City of
Meridian enacting new Section of Chapter three Title six of the Meridian City
Code; relating to the excretion of the human waste; providing for the protection of
the public health; providing for definitions; and providing an effective date.
Meridian City Council Meeting (
September 5,2000
Page 5
Corrie: Okay we heard the reading of Ordinance No. 883 by title only is there
anyone in the audience who would like to have Ordinance No. 883 read in its
entirety? Council your recommendation on Ordinance No. 883?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I make a motion that we approve Ordinance No. 883 under
suspension of the rules.
Bird: Second.
Corrie: Motion to approve Ordinance No. 883 with suspension rules, any further
discussion? I hear none. Roll- call vote Mr. Clerk.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 3.
Ordinance No. 884: Concealed Weapons Ordinance:
Corrie: Item No.3, Ordinance No. 884 is a Concealed Weapons Ordinance. Mr.
Berg, if you will read Ordinance No. 884 Concealed Weapons Ordinance by title
only.
Berg: Thank you Mr. Mayor members of the Council. Ordinance No. 884: An
Ordinance of the City of Meridian amending Chapter 3 of Title 6 Meridian City
Code by additions thereto of new Section 6-3-9, 6-3-10 and 6-3-11; to provide for
definitions; to declare it unlawful to carry a concealed weapon; to provide that it is
unlawful to discharge a weapon; and providing for an effective date.
Corrie: You have heard the reading of Ordinance No. 884 by title only. Is there
anyone in the audience who would like to have Ordinance No. 884 read in its
entirety? Hearing none, Council?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we pass Ordinance No. 884 with the suspension of rules.
deWeerd: Second.
Meridian City Council Meeting(
September 5,2000
Page 6
Corrie: Motion made and second to approve Ordinance No. 884 Concealed
Weapons Ordinance with suspension of rules. Any further discussion? None Mr.
Clerk roll-call vote please.
Roll-call: Bird, aye; Anderson, aye; deWeerd, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 4.
Ordinance No. 885: Code Enforcement Department:
Corrie: Item No. 4 is Ordinance No. 885, Code Enforcement Department. Mr.
Clerk if you will read Ordinance No. 885, Code Enforcement Department, by title
only please.
Berg: Thank you, Mr. Mayor Ordinance No. 885 an Ordinance of the City of
Meridian amending Chapter 1 of Title 6 Meridian City Code by the addition
thereto of a new Section 6 providing for a division within the Police Department to
be designated as the code enforcement division; providing for its duties and
responsibilities; and providing an effective date.
Corrie: You have heard the reading of Ordinance No. 885 Code Enforcement
Department Ordinance is there anyone is the audience who would like that
Ordinance read in its entirety? I hear none, Council, would you like to make a
motion on Ordinance No. 885.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd
deWeerd: I move that we approve Ordinance No. 885 Code Enforcement
Department with suspension of rules.
Bird: Second.
Corrie: Okay motion been made to approve Ordinance No. 885 with suspension
of rules Code Enforcement Department. Any further discussion? Roll-call vote
please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 5.
Ordinance No. 886: Noise from 100 feet to 50 feet:
Corrie: Ordinance No. 886 Noise from 100 feet to 50 feet. Mr. Clerk if you will
read Ordinance No. 886 by title only.
Meridian City Council Meeting(-
Septem ber 5, 2000
Page 7
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 886 an
Ordinance of the City of Meridian amending Section 6, Chapter 3 of Title 6,
Meridian City Code by providing for a change in the distance stated therein from
100 feet to 50 feet; and providing for additional language to noises creating
public disturbance; and providing for an effective date.
Corrie: you have heard the reading of Ordinance No. 886 Noise from 100 feet to
50 feet is there anyone from the public who would like the Ordinance read in its
entirety? I hear none, Council?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we adopt Ordinance No. 886 Noise from 100 feet to 50 feet with
suspension of rules.
Anderson: Second.
Corrie: Motion made and second to approve Ordinance No. 886 Noise from 100
feet to 50 feet, any further discussion? I hear none. Mr. Clerk Roll-call vote
please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 6.
Ordinance No. 887: Amending the 1999 / 2000 Fiscal Year
Budget:
Corrie: Item No. 6 Ordinance No. 887 Amending the 1999 / 2000 Fiscal Year
Budget Mr. Clerk if you will read the title of the Ordinance please.
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 887 an
Ordinance of the City of Meridian, Idaho amending Ordinance No. 841 the
appropriation Ordinance for the Fiscal year beginning October 1, 1999, and
ending September 30, 2000. Appropriating additional monies that are to be
received by the City of Meridian, Idaho in the sum of $350,000 and providing an
effective date.
Corrie: Is there anyone in the audience who would like Ordinance No. 887 read
in its entirety? I hear none; 1'(1 entertain a motion from the Council.
deWeerd: Mr. Mayor.
Meridian City Council Meeting(
September 5, 2000
Page 8
Corrie: Mrs. deWeerd.
deWeerd: I move that we approve Ordinance No. 887 Amending the 1999 / 2000
Fiscal Year Budget with suspension of rules.
Bird: Second.
Corrie: Motion has been made and second to approve Ordinance No. 887
Amending the Fiscal Budget 1999 / 2000, any discussion? Hearing None Mr.
Clerk roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 7.
Ordinance No. 888: Annual Appropriation for the 2000 / 2001
Fiscal Year Budget:
Corrie: Ordinance No. 888 is the Annual Appropriation for the 2000 / 2001 Fiscal
Year Budget Mr. Clerk if you will read the Ordinance by title please.
Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 888: An
Ordinance providing for a title; providing for findings; providing for the adoption of
a budget and the appropriation of expenditure of sums of money to defray the
necessary expenses and liabilities of the City of Meridian, in accordance with the
object and purpose and in the certain amounts herein specified for the Fiscal
Year beginning October 1, 2000, and ending on September 30, 2001; and
providing for an effective date and the filing of a certified copy of this Ordinance
with the Secretary of State.
Corrie: Is there anyone in the audience that would like to have Ordinance No.
888 read in its entirety.
Unidentified: I would.
(Ordinance read in its entirety)
Corrie: Okay that closes the reading of Ordinance No. 888. Do we have a motion
from the Council to approve Ordinance No. 888 with suspension of rules?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion to approve Ordinance No. 888 the Annual
Appropriation for the 2000 / 2001 Fiscal Year Budget with suspension of rules.
Meridian City Council Meeting (
September 5,2000
Page 9
Bird: Second.
Corrie: Motion has been made and second to approve Ordinance No. 888 with
suspension of rules any further discussion?
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I recognize a couple of faces out here that were here at the meeting
last week. I have since received a couple of phone calls and one letter. I think
that we might not have done a very good job explaining ourselves and I would
like to see communication become a higher priority in our city and how we get
information out. Although I would commend Councilman Anderson he did a great
presentation on the Budget and was very informative. I think it does need to be
noted or underscored a couple of things we're very committed to. One of those
would be when the salary survey gets delivered and the Mayor anticipates it
tomorrow. We will be taking a close look at that and the grade level of salary
scale that we're looking at and similar to the adjustments that we made this year
in the 99/00, those were do to salary adjustments in the Police Department.
Those would be again considered next year for any adjustments that we need to
do. We need to wrap up our Budget so we don't have the luxury of waiting for this
-- survey results before we can get these final numbers approved. We are
committed to implementing the scale changes and adjusting the Budget
accordingly. With that said I have heard several different remarks I would just like
to take a minute to clarify those. This years Budget as I understand it from
Captain Musser includes 13 replacement vests as well as 10 new vests for
reserve officers as well as their clothing. The Chief and the Mayor will be working
and looking at the operational and personnel issues in the PO, the Mayor I don't
know if he spoke with the Chief yet but they will be addressing some of the
issues that have come up in the recent discussions. One other thing as far as the
parks capital improvements one point two million dollars is being used in park
impact fees to improve or begin development at some of our parks. When this
impact fee was developed and agreed upon by the builders of this community,
which help put this through the commitment was made by the city to match those
funds. It is not allowed in the State of Idaho that new fees or impact fees pay the
way for any development. The city is matching or committing eight hundred
thousand dollars from their reserve fund, which is a one time only expense fund it
is not a generated a continually generated fund to match these impact fees.
Without us matching these funds the developers could come and pull impact fee,
which we desperately need to build parks. I should have mentioned that last
week when several people actually addressed its not parks verses any other
department. Parks is not taking away from that. That's all I have to say.
Anderson: Mr. Mayor.
Meridian City Council Meeting (
September 5, 2000
Page 10
Corrie: Mr. Anderson.
Anderson: I appreciate Tammy's comments, and I agree whole-heartedly those.
Just a couple of comments I would like to make that this year was a particularly
difficult year in the budgeting process and we have heard a lot of input from the
public. I think our Police Department went out and they rallied a lot of support for
the Police Department and I commend them for doing that. By the same token I
think there was a lot of support that was shown for parks in Meridian and I think it
has been well established by having something for our youth to do that we can
prevent them from getting into a lot of trouble. I think it was well pointed out also
that its not just one department within in the city that is really deficient and when I
say deficient I'm talking about were probably not where we should be. We need
to have more officers, we need to have better salaries, and we need to have
more facilities. But its not just in the Police Department I think when you look at
anyone of our departments if you look at national averages for example and you
look at park space and open space Meridian is well behind the national average.
If you look at the fire service we're not even close to matching the per capita
numbers of firefighters. Same as in police we're not even close on their salaries. I
think what this community really needs to learn from this is that we need to pull
together and work towards a common cause and see what we can do to increase
our funding for the city. So we can build all these departments to what they
should be, and not pit department against department where we're arguing this
department is getting money that could be going to this department because
that's not the answer. We have several departments that are lacking and we
need to be working together to bring those all up to what they should be. It's not
this Councils intention to take all the funds that are available and give to one
department I think that would be irresponsible. We have put a lot of thought into
this years Budget and we've tried to divide that money out as fairly and as
equitably as we can and again funds are not what they ought to be. We tried to
make what we felt was a fair decision. We've tried to listen to the comments from
the community, from the officers and people interested in the parks and do the
best that we can with what we have had to work with those are my comments.
Corrie: Anything else? Mr. Clerk would you call roll, please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 8.
Ordinance No. 889:
Program:
Ordinance establishing the Recycling
Corrie: Ordinance No. 889 an Ordinance to establish a recycling program. Mr.
Clerk, if you'll read the Ordinance by title only, please.
Meridian City Council Meeting(
September 5,2000
Page 11
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 889 an
Ordinance of the city Council of the City of Meridian setting forth certain findings
and for purposes authorize the Mayor and the City Clerk to enter into on behalf of
city municipality of first amendment to the franchise agreement to perform solid
waste collections and disposal services for Sanitary Service, Inc. to provide for
an additional addition of a recycling program and amending provisions
referencing CPI index with Sanitary Service, Inc. to provide for the addition of a
recyclable program and rate within the City of Meridian dated the fifth day of
September, 2000 by and between the City of Meridian and Sanitary Service, Inc,
and Idaho Corporation.
Corrie: Okay you have heard the reading of the -
Nichols: Mr. Mayor I think there's been a - that's the resolution with regard to the
amendment. The actual Ordinance, which has been furnished to you prior to the
time, the resolution was furnished to you reads differently. With permission Mr.
Mayor I would read the title to that Ordinance if you may. An Ordinance of the
City of Meridian, Idaho amending Section 101 of Chapter 1 of Title 4 of the
Meridian City Code to provide for the addition of a new definition to be known as
recyclable materials entering number the remaining definitions thereafter and to
provide for the addition of a new Subsection C of Section 103 to provide for the
separation and recycling of materials for collection, and providing an effective
date.
Corrie: Is they're anyone in the audience who would like to have Ordinance No.
889 read in its entirety? Council I will entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. bird.
Bird: I move that we pass Ordinance No. 889, Establishing a Recycling program
with suspension of rules.
Anderson: Second.
Corrie: Motion has been made and second to approve Ordinance No. 889
Establishing a Recycling program, City of Meridian, any further discussion of
Council? I hear none Mr. Berg if you would roll-call vote.
Roll-call: Bird, aye; Anderson, aye; deWeerd, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 9.
Request by Bolo's Pub and Eatery to discuss issues pertaining to
the Meridian Police Department practices and policies, i.e.: sting
Meridian City Council Meeting(
September 5,2000
Page 12
operations, violation notification, communication and discovery
procedures:
Corrie: Item No.9 this is a request by Bolo's Pub and Eatery to discuss issues
pertaining to the Meridian Police Department practices and policies, Le.: Sting
operations, violation notification, communication and discovery procedures.
Bolicek: Thank you Mr. mayor and City Council members. My name is Brad
Bolicek I live in Boise, Idaho however my business is in Meridian. I am here
tonight to bring a couple of issues to your attention so hopefully things don't
happen again and there is changes brought down by the City Council and the
Mayor's office to assure these things wont happen again. May of last year the
15th of May the Meridian Police Department did a sting a sting operation targeting
several business's throughout Meridian to see the adherence of the alcohol
beverage control laws basically to see if the business will sell to a minor. They
targeted us and at nine-forty p.m. they came into our establishment and when I
say they it was an officer of the department and an undercover agent who I
believe one of your ride-a-Iong explorers. Both the officer and the explorer went
they ordered a couple of food items and a couple of beers the officer ordered a
beer as well as the undercover agent said yeah I will have one of those as well.
They were they for 41 minutes doing this sting and a single receipt was used and
it was paid by - I'm not sure if it was paid by the officer or the undercover agent. I
should say we have two issues here today the policies and procedures of that
night and subsequently the communication and the lack of cooperation of the
department with our attorneys and turning over discovery and witness's. Mr. Bird
asked me a question sometime -- I talked with him sometime ago and his
question was what did the officer -- payor was it separate receipts and I can
show you here it was one. At his time I would like to say that talking to the bill
chief of the ABC Alcohol Beverage Control for the State of Idaho this district here
as well as Victor Ramirez I believe it was who is the Deputy Attorney General for
the State of Idaho both said in all their years they've never ever seen the officer
go in with the undercover agent. That they would only send in the undercover
agent at that time. They would try to purchase the alcohol, immediately go
outside and present the evidence, the receipt to the officer they would
immediately go in and cite the server and the manager or owner at that time. We
found out on 6/2, which was two weeks later in the Statesman that's how we
found out this operation took place. There was an article listing a sting operation
that night. I called and spoke to the reporter and they just got it off of the sheets
that are printed out by the Police Department. I called MPD Chief Gordon on
June 3rd and he had no information and no records. He checked and I talked with
him a little bit later that day he told me he couldn't tell me who the server was or
any facts about the case because the officer who was involved in this case was
on vacation for 30 days and they couldn't find the records. I spoke to also to
Captain Dave Bowman for information and I was told by him they were
attempting to get the information they would let me know as soon as possible. On
Meridian City Council Meeting (
September 5,2000
Page 13
June 11 th, 27 days after the alleged violation our server Jen Llewellyn, they called
me and said that's who it was, and they want to cite her and if she was working
that night she happened to be working that night and they wanted to come down
I told them I would send her down to the department. We weren't cited for 74
days on July 28th so instead of at the moment it was 74 days before we were
cited. Actually when we were cited it wasn't given to me or any of our mangers it
was just given to a server. At 7:29 the next day I spoke to Lonnie Gray the
bureau chief of ABC to discuss it and I also spoke to him three days later to
discuss it. He said that we can request a hearing and we can also request a fine
in lieu of suspension. We were notified of a hearing in November the hearing
date was set 11-15-99 we met with our attorney and reviewed the information. At
that time we only the information had and the only information we have to this
date is basically the police report, a copy of the citation and a copy of that receipt
right there. Our attorney was also given an audio tape of the sting but it was only
a few minutes long even though they were there for forty-one minutes. Later on
this year we met with Victor Ramirez in the Ag's office and also Lonnie Gray the
bureau chief. Lonnie gray told me they are constantly updating their procedures
and policies according to every other state in the country. They look at the
federal level and every state level to make sure that the State of Idaho has the
same policies and procedures in this country. As I said they would normally go in
with only the undercover agent they would go back out and cite the owner. After
this we tried to get my attorney tried to get some information from the Police
Department. My attorney wrote a letter on twelve eight of ninety nine directed to
Chief Gordon requesting some information because we wanted to, A, get a
interview with the officer; and B, get an interview with the undercover agent, at
least a picture of the agent. Our original hearing date was November 15th if we
would have had that information at that time we could have made a decision, do
we want to proceed and fight this or not. Unfortunately we've no new information
from the last 17 months than we did 17 months ago up to this date. Chief Gordon
was contacted on twelve eight by our attorney's with a letter they were also
called several times in January, Chief Gordon. There was also a letter sent the
17th of January to Chief Gordon another letter to Chief Gordon on February 8th.
None of those requests were answered in letterform or telephone to my attorney.
So there was a complete lack of cooperation at that point. Between the last 17
months our attorney bills we up to twenty-two hundred dollars. And basically all
they are is a stack of letters to the AG's office, to Lonnie Gray's office and to
Chief Gordon's office because we were not able to get any information. If we
were given the information we wanted back in November I wouldn't be here
tonight doing this we would have dealt with it and been done with this last
December at the hearing date. Unfortunately the department has given us no
cooperation what-sa-ever from day one. Basically there are two issues here, the
way they handle the case up front; and they way they have handled since then.
In my eyes its totally unconstitutional the way the attacked us and target us
without any surveillance prior to that night. The officer going in basically
committed a crime knowing that a minor he was with, in his presence ordered an
alcoholic beverage. And then the receipt was paid as I said earlier I don't know if
Meridian City Council Meeting(
September 5,2000
Page 14
he paid for it or if the minor paid for it but either way its wrong. If the officer paid
for it he knowingly bought beer for a minor if the minor paid for it the officer
knowingly let the minor by him a beer. This is totally and completely unethical
and it's totally out of state policy. We finally met with Lonnie Gray the Deputy
Chief (inaudible) and we had to pay a fine on top of our attorney fees without
admitting guilt. (Inaudible) shock of the way this thing was handled it was told to
us at that time if we get proper satisfactory results from tonight and City Council
they would refund it they are not even going to cash our check until they find out
what happens here. Basically what I am here tonight for is to let you know and to
see what the City Council can do to make sure this never ever happens not just
to me but to anybody. It's not a matter of guilt or innocence that's between the
State of Idaho and us. Unfortunately like I said if we would have had the
information back when we wanted and back when we first requested it in
November of last year nine months ago we wouldn't be here. We would have
gone to the hearing and it would have been done instead we went through nine
months of a paper trail back and forth to Mr. Gordon's office and my attorney was
paid and I got nothing out of it and we're here tonight. That's all.
Corrie: Thank you. Mr. Anderson.
Anderson: I have one question, have you been in contact at all with the Mayor's
office concerning this matter?
Bolicek: No we have not. Known procedure we shouldn't have one other thing I
did leave out talking to the AG's office that day and also other police agencies
they have all concur with this policy. Also at the very leas they would give a
photograph of the under cover agent as evidence. I f they don't want us to meet
the undercover agent that's but they all in all normal cases will turn over a
photograph to let the defendant if you want to say in this case see what they are
going up against they would not cooperate at all. My attorney's handling once we
give it to the attorney I can't get anything from the department myself all the
discovery I signed that over to them. That's why we're here tonight our attorney
shouldn't have to go the Mayor to get some discovery and witness statements
and talk to a witness from the department that's not the channel of policy to go to
get some information. In a normal case you call up or you write a letter and say
we want this information and its provided. I'm sure the Mayor Mr. Corrie wouldn't
appreciate every time there is a defendant in the City of Meridian he had to get a
phone call.
Corrie: I have a question for you, is this the first time?
Bolicek: Yes it is.
Corrie: This is first time?
Bolicek: It is this first time.
Meridian City Council Meeting(
September 5,2000
Page 15
Corrie: This is the first time you have been caught.
Bolicek: Yes it is Mr. Mayor. I even have a letter from the State of Idaho saying
that.
Corrie: Okay, anything Else?
Bird: I have no questions right now.
Corrie: I think Captain Bowman.
Bowman: Yes sir.
Corrie: Do you have any thing you want to say about this one?
Bowman: In reviewing Mr. Bolicek's chronological list of events the one thing I
can comment on with personal knowledge is the one dated on June 10th 1999,
which states that he called MPD Captain Dave Bowman, which is myself for
information. He states he was told they were attempting to put together
information. The very next day by his own chronological events here that he
received his information. That I can with certainty that when he called me he got
what he asked for. One of the things I would also like to comment on was his
effort to identify this particular police agent. In my years in law enforcement we
have never ever readily identified police agents in undercover operations. I might
add in this particular case this agent was a minor a young person so we would
double our efforts and resist anybody's attempt to identify our agents until a
proper hearing was called. As to Mr. Bolicek's efforts to interview our officers
before a hearing is called by his attorney again our officers are not required to be
interviewed by an attorney except in a legal proceeding called by a judge. The
one matter at hand here dated June excuse me May 15th is one of a series of
events that occurred at Bolo's. Mr. Bolicek was issued a warning prior to this
approximately two years I believe for this very same offense. As to his comments
regarding a state policy I've never seen such state policy so I cannot comment as
to what he is referring to. However Mr. Lonnie Gray is present in the audience
and he might be able to elaborate on what Mr. Bolicek is referring to. One other
comment I have the word target was used several times. We did not target any
one establishment these particular operations were covered throughout the city
and any establishment that served alcohol was investigated.
Corrie: Does Council have any other questions?
Bowman: Mr. Mayor.
Corrie: Mr. Bowman.
Meridian City Council Meeting (
September 5,2000
Page 16
Bowman: Mr. Gray is out here. Could we hear from him?
Gray: Mr. Mayor and members of the Council, my name is Lonnie Gray. I am the
Bureau Chief for Alcohol Beverage Control. Exactly what would you like to hear?
Bird: Mr. Bolicek had stated some things that you had stated that you have never
seen it done this way as I recall.
Gray: I believe that's not quite correct what he said is that I would never send an
officer in with a minor. And that's a policy that Chief Gordon does we don't. We
send the minor in first and if need be we send the officer in. gO-percent of the
time the officer will follow the minor into the establishment, will not make contact
with the minor while he is there but will observe what's going on. At that time if
there is a sale made we take of business outside of the establishment and then
go back in and issue the citation.
Bird: Who usually purchases when the State puts a sting on?
Gray: Minor.
Bird: The minor does purchase? If the officer purchases, does it make any
difference?
Gray: None. If the officer purchases, they haven't sold to a minor; however, if the
officer purchases and a minor consumes them, we still write a ticket.
Bird: That's alii have thank you.
Corrie: Bill.
Gordon: Mr. Gray you heard Mr. Bolicek say there some. Has there been any
comment issued by your office if this Council does something the check will not
be cashed with regard to the penalty that was paid in connection with the
administrative proceeding.
Gray: I recall that and I apologize -
**** End of Side One ****
Gray: -- right that we would refund his money if charges were dropped or if the
City decided not to pursue it. If we intimated we would hold the check we can't do
that anytime the state receives money it has to be receipted we have to deposit it
so I'm not sure. We have on one occasion up north where an operation was
conducted and the charges were later dismissed that we refunded the owner of
the bar his money.
Meridian City Council Meeting (
September 5,2000
Page 17
Bird: Mr. Gray I have another question to ask you regarding - the thing that
concerns me is the time from five fifteen to -- 2000 and we don't get anything
taken care of. That concerns me it shouldn't take that long. he should have been
- they did it on five fifteen how soon should they serve the notice and stuff? Are
we required to serve the notice or does he read about it in the Statesman?
Gray: If a police agency is going to do a sting operation throughout the city, if I
were going to do a sting operation throughout the whole I was going to hit every
bar I wouldn't issue a citation until I was finished. That is there is only one reason
for that and that is word of mouth. Probably everyone knows bar owners are very
tight nit group as soon as one gets hit they call them all. Maybe that's the way we
should live we don't live that way. When we do a sting we wait typically until the
next day because we try to do only a few - I don't have the resources to do a
whole city I can only do four or five bars a night. We will issue by the next day. I
don't believe there is any legal precedent to issuing citations immediately. I'm not
sure about that I'm not an attorney Mr. Nichols maybe could answer that
question. To pursue that further once the citation is issued by the city we are
typically notified with a copy of the ticket a week, two weeks, three weeks later
and then we have to prepare our package lets call it. What we do is an
administrative violation notice it's not criminal. A written citation from a police
officer is criminal. The criminal citation was written to the bartender we write an
administrative notice to the licensee through an employee they violated alcohol
code. Its an administrative process not a criminal procedure. Therefor the rules
are much different even as far as the rules of evidence. Preponderance of proof
is not near as great and heard its heard before an administrative hearing officer
not a judge it's a rather relaxed atmosphere its not the court room atmosphere its
totally different.
Corrie: Mr. Gray I have a question. Do you make them all pay the fine or do you
suspend them or is it just they pay their way out of it after they -
Gray: Typically the first offense Mr. Mayor is a fine we threaten if you will with a
10-day suspension. If it's a first time offense the licensee appears to have a
training program in place for the employees and they show evidence of having
meetings to reinforce training we will allow them to pay a fine rather than a
suspension. Most licensees have training programs in place those that don't and
don't provide their employees with some sort of assistance in identifying
customers we will typically suspend them rather than allow them to pay a fine.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: The penalty is your decision or is it influenced by the various police
departments?
Meridian City Council Meeting(
September 5,2000
Page 18
Gray: Decision for what?
deWeerd: On fines.
Gray: On the fines?
deWeerd: Yes.
Gray: It is only based on what is happening at that establishment not what
happens at some other establishment. We have a baseline that if they are
training their employees if they are holding meetings and reinforcing the no sale
of alcohol to minors policy. If they can show us proof of that then we will allow
them to ask for a fine most establishments do there are some that don't. those
that don't serve suspensions.
Bird: You establish the fine the police departments don't?
Gray: Correct. It's a state operation at that point. The director of the LOP
Department well the Idaho State Police now and he delegates that authority to
me.
Bird: I'll ask you a loaded question and you don't have to answer but why so long
on something - on this? Do you have any ideas?
Gray: This particular case appeared to have some contention between the
attorneys. Mr. Piska (sic) was the attorney for Mr. Bolicek. Our attorney was Mr.
Mamura (sic), and it appeared there was a lot of haggling and wrangling going
on. Number one, for availability dates; number two, on the issue Mr. Bolicek
enumerated on availability of evidence. Once - as Mr. Bolicek advised you of
once it gets to the attorneys I can't talk to him he can't talk to me. It's the
attorneys talking to each other. It just seemed to back and forth, back and forth,
back and forth from what I know about it.
Bird: Mr. Gray it surely isn't a practice to give pictures of underage agents is it?
Gray: No not if they are minors.
Bird: That's what I thought --
Gray: Even if you talk about any undercover agent regardless of what they do
that has been I believe protected by the courts. Just to protect the individual. And
we make it a routine to take pictures of our CI's and if a court rules that they can
have those all be it they can have them. Our purpose is to show that a CI was in
fact a young and not a 19 year old with a full beard and looked 38 or whatever.
deWeerd: So those pictures are available to the judges -
Meridian City Council MeeUng{
September 5, 2000
Page 1 9
gray: The judges the court rules that we have to divulge those then we do.
Typically courts won't do that.
deWeerd: do you have state guidelines as far as how to operate stings?
Gray: How we operate.
deWeerd: How you operate but that would not influence local jurisdictions.
Gray: Not in the least. We are there to assist them if they wish most jurisdictions
run completely adequate stings. This is - depends on whom you are talking to -
say this is an adequate one. Personally I wouldn't send an officer in Mr. Gordon
chooses to do so.
deWeerd: Thank you.
Corrie: That's a department procedure?
Gray: Yes that's a department procedure. And there is good on both sides of
those number one, if you send the officer in the minor has protection if you don't
he's wired we always have them wired.
Corrie: Okay any other questions?
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: One for Captain Bowman. Is this a normal time frame Captain
Bowman for notifying the establishment of a violation? Mr. Gray had mentioned
that if you're doing something that night for a number of bars that its not common
to cite them then but generally the follow up is the next day. It looks like there is
quite a time frame here.
Bowman: Not necessarily Councilwoman deWeerd this was a tremendous
undertaking. We did all of the establishments within the City limits so it was not
just on one night I think it was occurring over several nights. Part of this problem
also the officer who was in charge of the investigation had a death in the family
and had to leave the country. In fact he had to go to England. So we did have
that problem there but overall a sting operation or an undercover operation may
take days or weeks to complete. Then the paperwork starts and there again that
involves a certain amount of time. The fact that he wasn't immediately notified
doesn't take away from the fact that alcohol was served to a minor. Our agents
were told that whenever they went in to any establishment the minute they
asked for identification they were to get up and leave. they were not to sit there
Meridian City Council Meeting(
September 5,2000
Page 20
and haggle or try to flimflam there way into buying alcohol. They were to get up
and leave and go onto the next target or onto the next establishment on the list
that particular night.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: If I could get Mr. Bolicek and ask him one question. Did the waitress that
was cited did she plead guilty?
Bolicek: She plead not guilty at first and then when we went to court she plead
guilty because it was a ticket basically. They reduced it to a minimal ticket if she
would have fought it she couldn't afford it. Like I said we already spent $2200.00
and we set foot in a hearing room yet. She did. Her guilt or innocence in the
States eyes doesn't have an impact on us that per ABC.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: Could I make a suggestion that Mr. Bolicek work with you and examine
the procedures on this. I understand that some things are not anticipated and
that there were other circumstances. But I absolutely hate to read things in the
paper about myself that I am not aware of. Notification needs to get out to our
business owners so that at least -- We should be the one telling them rather than
reading it in the paper. Nothing against the Statesman. I think I saw Kendra
here, but I hate reading things in the paper first. I like to get it from the source.
So if the Mayor works on the operational and day-today things that if we could
find some resolution to this and explain to our bars and restaurant owners what
the - the permits - what the procedure is. Then if you understand the procedure,
this probably could save a lot of this.
Bolicek: And if I could - One thing Mr. Gray said is - and Captain Bowman as
well is that it's not a policy to give information about the undercover agent - not
until court. Well, we don't go to court. We go to Administrative Hearing. So in
our case, we would have to go to the hearing first. What my attorneys are trying
to do is to avoid having to go to a hearing. They told me. Without seeing - either
interviewing the officer and undercover agent or seeing a photograph of him,
there's no way that we'll win the hearing. There's no way, because we don't
have any evidence to review anything. We don't. So we would then have to go
to court. Once we go to court, then we do that. To do that, that's when it starts
spending more money from me and we were trying to stop it and get this thing
done quickly. Whether we pled innocent or guilty in the hearing in November,
that's what we wanted to do. But we didn't have the information in front of us to
evaluate. If we had that information in front of us nine months ago or ten months
Meridian City Council Meeting(
September 5, 2000 '
Page 21
ago - Like I said, we wouldn't be here right now wasting our time doing this.
And I wouldn't have spent $2200. Or maybe I would've but it would've been
maybe in court fighting actually - paying my attorneys to fight something for me
rather than pay them to correspond between different and government agencies.
There's a problem there. If we're going to have to go to a hearing first, where we
can't get all our information until we go to court, this is blow off the hearing and
go straight to court. That's not a City problem. It's a State problem. But you can
see where our hands are tied because we can't get - We can't evaluate anything
if we don't have it in front of us. And if we can't get it in front of us until we go to
the next step - that's what our attorney told us, too and that's basically what they
told us today. We can't get the information until we go to court.
Corrie: Mr. Bolicek, we're running close on time but I'll be happy to work with
you. However, I am going to tell you something right now. I think you muddied
the water here. You're evidently selling to underage people in that bar. You got
sited one time in 1998. You were also told by the Chief of Police that you got
caught.
Bolicek: Mr. Mayor.
Corrie: Just a minute here. I want you to read it. You can come into my office.
I'll let you read it.
Bolicek: Well, I'd never give anything. And if the State - I have heard from the
state of Idaho so we have not been -
Corrie: Just listen. As far as I'm concerned, as Mayor, this town will have a no
tolerance policy whatsoever to selling under 21. Stay here because if you want
to talk to me, indeed we'll talk. We'll maybe change the procedures, but I will not
tolerate anyone under 21 buying beer anyplace.
Bolicek: Mr. Mayor, neither do I. We have a severe - We fired her the next day
too, sir. We have a severe - we have - our policy is when they sign - when they
apply or when they are hired on, they sign something that says, "if you sell
underage, a - you will be fired, b - you will be sited and you could go to jail.
They know.
Corrie: I hope I don't see you again on the same thing. I will set down with you
and we'll see if we can't -
Bolicek: I'd like to see that, Mr. Mayor, because I've never seen anything ever
and my attorney talked to the State to see if we have been sited before and they
said no we have not been sited before.
Corrie: Come to my office and I'll show it to you.
Meridian City Council Meetind
September 5,2000
Page 22
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: If I could say one thing. I agree and I think the whole Council agrees with
the Mayor. We are not going to allow any of it. I don't think we should have to
put out our policy of how we do it - how we do the stings. That's unfair to our
officers. The same thing you have in narcs and everything else, you don't go tell
people ahead of time. I can't figure out why we take so long - why this has went
on from May of 1999 to September of 2000. I feel sorry for you for having to
spend that kind of lawyer fees, but I think you'd need to talk to the Mayor and see
what the deal is. But I agree with the Mayor. We are not going to allow any of
this underage selling and I know you don't want it.
Bolicek: You shouldn't. And we're not a barbell restaurant. We are a family
restaurant. We have more kids and family than we do - We're not some other
bars in this town that I won't name or bars in downtown Boise that are serving
college kids that are all under 21. We don't - We Id. Everybody. That person, it
was her first week there. As Mr. Gray said, "You're in a risky business, Brad."
That's what he told me and that's true. We all have risk in everything that we do.
But to me - this letter you wanted to show me - that same sort of non-
communication right there. I was never given this. The State of Idaho does not
recognize this as having a prior offense. I came here today to let you guys know,
let the Council know, the City know what's happening. We're prepared to go
further legally. Thank you for your time.
Bird: Thank you.
deWeerd: Mr. Bolicek, even though we've asked you to get together with the
Mayor and the Chief, we will follow up with the Mayor and find out.
Bolicek: I hope so because I thought I would here something positive tonight and
I haven't heard anything positive yet. 1'(1 meet with Mr. Corrie but I don't see any
good, but I will do that, sir. I am interested to see what you have in your hands
there because I have never seen anything like that before.
Bird: This isn't a citation. You didn't get sited. It was a warning that was sent
out.
Corrie: Face to face with the Chief.
Bird: Face to face is what we -
Corrie: That's what it says in the records.
Bird: That's what we have in our record from the police.
Meridian City Council Meeting(
September 5, 2000
Page 23
Solicek: Well maybe they met with somebody else face to face. It wasn't me.
Corrie: Okay. Well, we'll talk about it.
Bolicek: Okay.
Corrie: Thank you.
Item 10.
Continued Public Hearing from August 15, 2000: PP 00-014
Request or Preliminary Plat approval of 5 building lots and 1 other
lot on 8.29 acres for proposed Waltman Court Subdivision by
John and Sandra Goade - Waltman Lane and SW 5th Street.
Corrie: Okay. Item No. 10 is a continued public hearing from August 15, 2000.
Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29
acres for proposed Waltman Court Subdivision by John and Sandra Goade -
Waltman Lane and Southwest 5th Street. So at this time I will continue the public
hearing.
Bird: Mr. Mayor. I believe this is the one that Shari -
Corrie: Yes. I was just going to have her give it in public testimony. Staff.
Stiles: Mr. Mayor and Council. I don't know if the applicant is here, but they are
still working out some issues regarding the drainage facilities and the issue of the
bridge going over Ten Mile Creek, and they requested verbally that this be
continued to the September 19th City Council meeting.
Corrie: Is the applicant here tonight? Is there anybody here that would wish to
testify in this Continued Public Hearing on the Preliminary Plat. Okay. Council,
recommendation is to continue this public hearing until the September 19th. If
you're willing, I would entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we continue the public hearing for the request for Preliminary Plat
for Waltman Court Subdivision by John and Sandra Goade - Waltman Lane and
Southwest 5th Street until September 19th, 2000.
Anderson: Second.
Corrie: Okay. Motion made in second to continue the Item 10 public hearing and
request for Preliminary Plat for Waltman Court Subdivision until the 19th of
Meridian City Council Meeting(
September 5,2000
Page 24
September. We have heard the discussion. Hearing none. All those in favor of
the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 11.
Continued Public Hearing from August 15, 2000: VAR 00-015
Request for a variance allowing the applicant to lower the finish
floor elevation below the Flood Plain because of the size of the site
by Rod and Sheri Eisele I Eagle Concrete Pumping in an I-L zone
- Baltic Place in the Meridian Business Park:
Corrie: Item No. 11 is a Continued Public Hearing from August 15, 2000.
Request for a variance allowing the applicant to lower the finish floor elevation
below the Flood Plain because of the size of the sit by Rod and Sheri Eisele /
Eagle Concrete Pumping. So at this point I will continue the Public Hearing and
staff, comment please.
Smith: Mr. Mayor, Council members. There was some concern in my office of
the recommendations that were made for Eagle Concrete Pumping and the
variance requirement as to whether or not it was a feasible for them to construct
in accordance to what was relayed to my associate by Idaho Department of
Resources. I tried to get hold of Mr. Fred Eisenbarth at IDWR today to clarify the
requirements of FIMA for locating a finished floor below the base flood elevation
as they have established for this area. And I was not able to make contact with
him. I was able to make contact and visit with a hydrologist that we use from
time to time in flood studies and he indicated to me that there is a publication
available from FIMA for flood proofing commercial buildings when the finished
floor is located below the base flood elevation. Unfortunately, he didn't have that
information. Again, I was not able to talk to Mr. Eisenbarth at Water Resources
to see if he had it. I spoke with the architect for the project for Rod Isley this
evening before Council meeting and told him of my concerns for their
construction of this building in accordance with what Fred Eisenbarth had related
earlier and suggested that perhaps we should continue this until the next Council
meeting so that we could get all the information necessary to adequately address
the variance request.
Corrie: Okay. Is there anyone from the public that will testify tonight on the
Eagle Concrete Pumping?
Larson: Mr. Mayor, members of the Council. My name is Cornell Larson. My
address is 210 Murray Street. We're kind of in concurrence with staff. We would
like to know. There was a requirement placed on the project for permanent holes
in the building for flood venting. We would like to know a little more about that,
too so we would probably like to go ahead and continue the variance part of this
project. You have the Conditional Use Application on the Agenda later which I
am not sure you'll get to but we'd like to go ahead and continue the variance.
Meridian City Council Meeting"-
September 5,2000
Page 25
Corrie: Okay. Thank you. Anyone else? Council, you've heard the request to
continue.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I move that we continue the public hearing to 9/19 on the request for
variance allowing the applicant to lower the finish floor elevation below the flood
plane.
Bird: Second.
Corrie: Motion made and seconded to continue Item No. 11 until 9/19/2000. Is
there any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 12.
Item 13.
Item 14.
Continued Public Hearing from August 15, 2000: AZ 00-016
Request for annexation and zoning of 10.19 acres from RT to R-8
for proposed Wilkins Ranch Village planned-unit development by
Steiner Development, LLC - south of Ustick Road and east of
Black Cat Road:
Continued Public Hearing from August 15, 2000: PP 00-016
Request for Preliminary Plat approval of 48 building lots with 1
existing home and 5 other lots on 10.19 acres for proposed Wilkins
Ranch Village planned-unit development by Steiner Development,
LLC - south of Ustick Road and east of Black Cat Road:
Continued Public Hearing from August 15, 2000: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch
Village planned-unit development consisting of 48 single-family
lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by
Steiner Development - south of Ustick Road and east of Black Cat
Road:
Corrie: Item No. 12 is the continued pu blic hearing from August 15th. Request
for annexation and zoning of 10.19 acres from RT to R-8 for the proposed
Wilkins Ranch Village PUD by Steiner Development. I will now continue the
public hearing and have staff's comments first.
Bird: Mr. Mayor, excuse me. Could we do 12,13 and 14?
Meridian City Council Meeting(
September 5,2000 '
Page 26
Corrie: Okay, I'm tunnel-vision here. We have a continued public hearing here
for both the annexation and zoning, the Preliminary plat and request for
Conditional Use Permit, so 1'(1 do all three of those - open those now as a
continuance and then we can testify on all three at the same time.
Stiles: Mr. Mayor and City Council. This was continued from the last meeting
due to some requirements of the platting and also a preliminary request from the
applicant that they'd be allowed to have a sales office within the development.
We have received a revised plan that shows the minimum house sizes on the
lots as is required by City Ordinance and it appears to me the City's requirements
- The request I received this morning at about quarter 'til eleven, in regard to the
sales office, I do not consider to be adequate to grant a Conditional Use Permit
for that sales office' as part of the Planned Unit Development. My
recommendation would be if they still propose to have that sales office out there,
that this be continued. If they will withdraw their request for a sales office, that
we would recommend approval with the conditions as recommended by the
Planning and Zoning Commission. I'd also like to make sure that it's noted that
the applicant did request an R-4 zone and the recommendation from Planning
and Zoning Commission was to go to the R-8 zone because of the discrepancies
- the major discrepancies between the R-4 zone and their proposed plan. That's
all I have.
Bird: Thank you. Is the applicant here?
Arnold: Mr. Corrie, when he gets back, members of the City Council, for the
record, Steve Arnold, Briggs Engineering, 1800 Overland Road. We at this time
would also - We're not proposing the sales office on the site. We know that
maybe a sore point here and the applicant is trying to either set up a normal type
of office there on site and get rid of the building. At this time we'd just request -
We know you have got a busy agenda tonight - that you approve the Preliminary
Plat as submitted with the recommendations from your staff.
Bird: That's also for the annexation and zoning and also the Preliminary Plat.
Arnold: Just for the record, we did, after the recommendation from Planning and
Zoning, we did go in for modification - we did request a rezone of an R-8 at their
recommendations. I think that made it into your record.
Bird: Council got any questions for the applicant.
Anderson: I have none.
deWeerd: I have none.
Meridian City Council. Meeting (
September 5,2000 .
Page 27
Bird: Okay. Is there anybody else from the audience that would like to testify.
Council, do you got any questions at all for staff, applicant or anything? Any
comments?
Corrie: Nobody else wanted to step up to the plate. Okay. Council, discussion
before we close the public hearing?
deWeerd: I have none.
Bird: I have none.
Anderson: I have none.
Corrie: Okay. I would entertain the motion to close the public hearing then on
Items 12,13 and 14.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we close the public hearings for the annexation and zoning, the
Preliminary Plat and the Conditional Use Permit for Wilkins Ranch Village on the
south of Ustick Road and east of Black Cat Road.
Anderson: Second.
Corrie: Motion has been made and seconded to close the public hearing on
Items 12,13 and 14 of the Wilkins Ranch. Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED, THREE AYES, ONE ABSENT
Corrie: Council, discussion. Hearing none. I would entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for annexation and zoning of 10.19
acres from R-T to R-8 for proposed Wilkins Ranch Village Planned Unit
Development by Steiner Development with Staff's comments and for the attorney
to draw up the Findings of Facts and Conclusions of Law and Decision of Order.
Anderson: Second.
Meridian City Council Meeting (
September 5,2000
Page 28
Corrie: Okay. Motion made and seconded to have the attorney to draw up
Findings of Facts and Conclusions of Law including staffs comments on the
annexation and zoning of Wilkins Ranch Village. Any further discussion?
Hearing none. Roll-call vote, Mr. Clerk.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye: McCandless, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT,
Corrie: I'd entertain a motion now on the Preliminary Plat.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we instruct the City Attorney to draw up
the Findings of Facts and Conclusions of Law granting a Preliminary Plat for
approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres
for proposed Wilkins Ranch Village and a Decision of Order subject to staff
comments.
Bird: Second.
Corrie: Okay. Motion made and seconded to have the attorney draw up the
proper orders and Findings of Facts and Conclusions of Law and request for
Preliminary Plat on Wilkins Ranch. Any further discussion? Hearing none. Roll-
call vote, Mr. Berg.
Roll-call: Anderson, aye; Bird, aye; deWeerd, aye; McCandless, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: And No. 14 is the Conditional Use Permit for the Wilkins Ranch.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order for the request for Conditional Use
Permit for proposed Wilkins Ranch Village Planned Unit Development existing of
48 single-family lots ranging from 5,252 square-foot to 9,525 square-foot in the
proposed R-8 zone by Steiner Development and to incorporate the staff
comments.
Anderson: Second.
Meridian City Council Meeting (
September 5,2000
Page 29
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law on the Conditional Use Permit on Wilkins Ranch
Village, Item No. 14. Any further discussion? Hearing none. Roll-call vote, Mr.
Clerk.
Item 15.
Item 16.
Item 17.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye; McCandless, absent.
Continued Public Hearing from August 15, 2000: AZ 00-013
Request for annexation and zoning of 5.4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by
Chuck Elliot, The Elliot Group - south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Continued Public Hearing from August 15, 2000: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres
for proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group - south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Tabled from August 15, 2000: CUP 00-033 Request for a
Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group - south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Corrie: Item No. 15 is a continued public hearing from August the 15th. Request
for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park
Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot Group.
At this time, I'll reopen the continued public hearing on Item 15 hearing staff
comments first.
Stiles: Mr. Mayor and Council. I'd like to address Items 15, 16 and 17. We
would like to request a continuation.
Corrie: We got two continued public hearing on Item 15 and 16. Mr. Attorney, is
that alright to go ahead and open 17 as well? It's not a public hearing.
Nichols: Well, it's not a public hearing. It's an Agenda Item. I think what Mrs.
Stiles is getting to is the variance that's scheduled for hearing on the 19th.
Stiles: Yes. We were looking into whether we could consider this a Planned Unit
Development which would allow for some variances but they are not requesting
the Planned Development so they have submitted a variance application that's
scheduled to be before you on the 19th. This was the variance on the 20-foot
planning strip requirement adjacent to residential use.
Meridian City Council Meeting (
September 5,2000 \
Page 30
Corrie: Is that okay, Mr. Attorney?
Nichols: The procedure, I believe, Mayor, is that 15 and 16 which is the
continued public hearing would be continued to the 19th and we'll take up Item 17
which is the Conditional Use Permit and continue that to the 19th and that way, in
accordance with previous direction from the Council, all of these items will be
handled at one meeting.
Corrie: Is there anyone here from the public that would like to issue testimony at
in this Item 15 and 16 at this point? We will continue it until the 19th. Okay. So I
will entertain a motion on the continuance of Items 15 and 16 and also Item No.
17. We'll do that next.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearings for Elliot Industrial Park for the
annexation and zoning of 5.4 acres and also to continue the public hearing for
the Preliminary Plat for Elliot Industrial Park Subdivision to September 19th, 2000.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 15
and Item No. 16 'til 9/19/2000. It's the request for Preliminary Platt and also the
annexation and zoning. Any further discussion? Okay. All those in favor of the
motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item no. 17 is the table from August 15th for request for Conditional Use
Permit to construct an office and shop for proposed Elliot Industrial Park
Subdivision. Based upon what we've heard tonight, I'll entertain a motion on
Item No. 17 for a continuance.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we table the request for Conditional Use Permit to construct
office and shops for proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane until September 19th, 2000.
Anderson: Second.
Meridian City Council MeeUng (-
September 5, 2000
Page 31
Corrie: Motion made and seconded to continue Item No. 17, request for
Conditional Use Permit on the Elliot Industrial Park Subdivision until September
19th, 2000 meeting. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 18.
Public Hearing: Request for variance from the maximum 1,000-
foot block length for Bear Creek Subdivision by Briggs
Engineering - east of Stoddard Lane and south of Overland Road:
Corrie: Item No. 18 is a public hearing. This is a request for variance from the
maximum 1,OOO-foot block length for Bear Creek Subdivision by Briggs
Engineering - east of Stoddard Lane and south of Overland. At this time, I'll
open the public hearing on Item 18 and invite the staff comments first.
Stiles: Mr. Mayor and Council. This is a clean-up item on the Bear Creek
Subdivision project. As a condition of the Preliminary Plat, they were required to
obtain a variance for seating of maximum block length. Typically, the variance
would be received before the plat was approved. However, the plat was
approved but they've still had the requirement of the condition to apply for a
variance for the maximum block length and that is what they have done. So we
would recommend approval in accordance with the conditions of the approved
Preliminary Plat.
Corrie: Okay. Is there anyone from the public that would like to issue testimony
on this request for variance? Excuse me. Is the applicant here tonight? I'm
sorry. I jumped ahead of myself.
Arnold: Members of the City Council. Again, for the record. Steve Arnold,
representing the applicant, Briggs Engineering, 1800 West Overland Road. We
are requesting a variance for the block length. As we understand, the ordinance
is for pedestrian facilities to reduce the block length within a thousand feet so the
pedestrians don't have to walk very far to and from their destinations. Vehicular
access and circulation - I personally saw to it that that was required as a
previous occupation so that is being taken care of. We have no further
comments. We are providing the pathways at this time and I would require,
perhaps, if this we can hear this item and No. 35 to change the Findings of Fact
for this application because I know we're probably going to be cut short tonight.
Stiles: 35 was discussed in Pre-Council.
Arnold: That was the changing of the Findings of Facts for the Park Site.
Corrie: There was an amendment to one of the conditions.
Meridian City Council Meeting (
September 5, 2000
Page 32
Arnold: Yes. 2.51.
Corrie: I don't have any objections if the Council doesn't.
Bird: Mr. Mayor, I don't. As long as he don't have an objection to it, then we can
bring it forward.
Corrie: Then we can take this Item 35 along with this Item 18.
Arnold: I appreciate that. I have no further testimony on the vanance
application.
Corrie: Okay. Thank you. Is there anyone in the audience that would like to
issue testimony at this time? Okay. Hearing none. I will entertain a motion then.
If you have any discussions.
Bird: I have none.
Corrie: We will close the public hearing.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item 18. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Discussion. Motion on the request for variance.
deWeerd: I move that we approve the request for variance from the maximum
1000-foot block length for Bear Creek Subdivision by Briggs Engineering and to
instruct the attorney to draw up Findings of Facts and Conclusions of Law and
Decision of Order to include all staff comments.
Bird: Second.
Corrie: Okay. Motion made by Mrs. deWeerd and seconded by Mr. Bird to
approve the request for variance and have the attorney to prepare Findings of
Facts and Conclusions of Law. Any further discussion? Hearing none, roll call
vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
Meridian City Council Meeting (
September 5,2000
Page 33
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 35.
Amendment of one Condition of Approval for Bear Creek
Subdivision - Drainage in the Park:
Corrie: Let's move to Item 35, which is amendment to one condition of approval
of Bear Creek Subdivision - drainage in the Park. Council, you have heard the
brief discussion in Pre-Council. I'll entertain a motion on that for the amendment
for one condition on the drainage in the park.
Anderson: Mr. Mayor.
Corrie: I would make a motion that we approve the amendment to the Condition
of Approval for Bear Creek. I'm not sure what the proper procedure. Do we
need Findings of Facts with that?
Nichols: Councilman Anderson, Mayor, members of the Council, I will take your
motion and we will simply provide a revision which will be signed by the Mayor
and attested by the Clerk. And it's not even as late as we sometimes are. That
will take care of that particular condition.
Anderson: I'll just make a motion then that we approve the amended Condition
of Approval.
Bird: Second.
Corrie: Motion been made to approve the amended condition and approval for
Bear Creek Subdivision, drainage in the park with the Mayor to sign and the clerk
to attest. Further discussion. Hearing none. Roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 19.
Public Hearing: VAC 00-005 Request for vacation of public
utilities, drainage and irrigation easement along common lot line
between Lots 22 and 23 of Block 10, The lakes at Cherry Lane
No.6, by Ron Leslie:
Corrie: Item No. 19. Well, we're on a roll here. Public hearing. Can everybody
hear me back there? My wife, the last time she was here she said, "I can't hear
you in the back of the room." I keep trying to speak up in the microphone here.
Public hearing, request for vacation of public utilities, drainage and irrigation
easement along common lots between lots 22 and 23 of block 1 0, The Lakes at
Cherry Lane at No.6. So at this time, I'll open the public hearing and staff
comments first.
Meridian City Council Meeting (
September 5,2000
Page 34
(
Stiles: Mr. Mayor. This is for the vacation of the easement that's in between
these two lots in The Lakes at Cherry Lane Village No.6 and the intent is to build
a single home on the two lots. The recommendations of the Planning and Zoning
Commission - the footer on that is still referring to another project and that needs
to be changed to reflect this project but on Item 10, page 2 of paragraph 10
should be revised that the applicant must obtain notarized approval. The Public
Works Department does not have a copy of those relinquishments of easements
and also to add to the recommendation prior to applying for a building permit the
applicant shall provide notarized relinquishments of the easements from the
effected utilities. That's alii had.
Corrie: Okay. Is the applicant here tonight?
Leslie: Mr. Mayor, members of the Council. My name is Ron Leslie. My
address is 1185 Osprey Ridge, Eagle. I am the owner of No.6 with Cherry Lane.
I have a client that does want to --
*** End of Side 2 ***
Leslie: -- the utilities. I did give copies of those to the P and Z meeting we had
previously from the utility, power and gas and also an acceptance to relocate if
necessary and what's there.
Corrie: Okay. Council, questions?
Bird: I have none.
Corrie: Okay. Thank you. Is there anyone else from the public that would like to
issue testimony? Okay. Hearing none. Council, for the discussions.
deWeerd: I have none.
Anderson: I have none.
Corrie: Okay. Then I will entertain a motion to close the public hearing on Item
No. 19.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 19 -
vacation of public utilities, drainage and irrigation easement. All those in favor of
the motion say aye.
Meridian City Council Meeting (
September 5,2000
Page 35
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Any discussion? Okay. 1'1( entertain a motion on Item No. 19 for request
for vacation.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we move have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order in favor for the request for vacation of
public utilities, drainage and irrigation easement along common lot line between
lots 22 and 23 of Block 1 O. The Lake is Cherry Lane No.6 by Ron Leslie.
Anderson: Second.
Corrie: Okay. Do you want to include the two comments -
Bird: Staff comments included.
Anderson: Second agrees.
Corrie: Okay. Motion has been made and seconded to approve the request for
vacation of public utilities and drainage and the attorney to draw up the Findings
of Facts and Conclusions of Law with correction additions of staff. Mr. Berg?
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 20.
Public Hearing: VAC 00-007 Request for vacation of public
utilities, drainage and irrigation easement along common lot line
between Lots 35 and 36, Block 17 of Haven Cove Subdivision
No.9 by Glenn Blaser - east of Ten Mile Road and north of Pine
Avenue on Ebbtide Street:
Corrie: Item No. 20 is a public hearing. Request for vacation of public utilities,
drainage and irrigation easement along common lot line between Lots 35 and 36,
Block 17 of Haven Cove Subdivision No.9 by Glenn Blaser. At this time, ('II open
the public hearing and invite staff comments first.
Stiles: Mr. Mayor and Council. I am not certain what this is being requested for.
I believe there's a building permit that's already been issued on this lot in Haven
Cove Subdivision No.9. They have requested to vacate that easement between
the lot lines. They will have to provide for a new easement between the lot lines
once they do a lot line, when they do a lot line adjustment. This recommendation
Meridian City Council Meeting (
September 512000
Page 36
to the City Council also needs the footer corrected to indicate this subdivision.
Then on Page two, Item 9, the applicant must obtain notarized approval of the
easement vacation from effected utilities. Gary Smith indicated he has not
received that yet. Under the recommendation, I would like to add prior to
processing, the lot line adjustment. The applicant must provide notarized
relinquishment of the easement vacation from effected utilities and also to put on
record that they will still need to meet the minimum frontage requirements and
the minimum lot size requirements for the zoned area. Thank you.
Corrie: Okay. Thank you. Is the applicant here tonight? Okay. Anyone in the
audience that would like to testify on this public hearing tonight on this one?
Okay. Council, discussion.
Bird: I have none.
Anderson: I have none.
deWeerd: I have none.
Corrie: Then hearing nothing, I will entertain a motion to close the public hearing
on Item No. 20.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on the request of
vacation of Haven Cove Subdivision No.9. All those in favor of the motion say
aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Council, do you want to make a motion on that one?
Anderson: I would make a motion that we approve this request for vacation of
public utilities, drainage and irrigation easements along the common lot lines for
Lot 35 and 36 in Block 17 of Haven Cove Subdivision No. g for Glen Blaser and
instruct the City Attorney to draw up the appropriate Findings of Facts and
Conclusions of Law and include staff comments.
Bird: Second.
Corrie: Motion made and seconded to approve the vacation of public utilities,
drainage and irrigation easements along lot lines in Haven Cove Subdivision No.
g with staff comments. Any further discussion? Hearing none. Roll-call vote,
Mr. Berg.
Meridian City Council Meeting(
September 5,2000
Page 37
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 21.
Item 22.
Item 23.
Item 24.
Public Hearing: V AR 00-013 Request for a variance of the 1 ,000-
foot maximum block length for proposed Bridgetower Subdivision
by Primeland Development Co., LLP, in a proposed R-4 zone -
north of Ustick Road and east of Ten Mile Road:
Public Hearing: AZ 00-017 Request for annexation and zoning of
52.90 acres from RT to R-4 by Primeland Development Co., LLP,
for proposed Bridgetower Subdivision - north of Ustick Road and
east of Ten Mile Road:
Public Hearing: PP 00-017 Request for Preliminary Plat approval
for proposed Bridgetower Subdivision with 1 06 building lots, 1
HOA recreation center, 1 park lot and 19 common lots on 46.2
acres in a proposed R-4 zone by Primeland Development Co., LLP
- north of Ustick Road and east of Ten Mile Road:
Public Hearing: CUP 00-043 Request for Conditional Use Permit
to construct a planned-unit development consisting of 1 06 building
lots by Primeland Development Co., LLP for proposed
Bridgetower Subdivision - north of Ustick Road and east of Ten
Mile Road:
Corrie: Item No. 21. Public Hearing. Request for a variance of the 1,OOO-foot
maximum block length for proposed Bridgetower Subdivision by Primeland
Development Co., LLP, in a proposed R-4 zone - north of Ustick and east of Ten
Mile Roads. We also have with them an annexation and zoning and also a public
hearing on the Preliminary Plat and No. 25 - a request for Conditional Use
Permit. With that being the case, I'll open the public hearing on the request for
variance and annexation and zoning, request for Preliminary Plat and request for
a Conditional Use Permit - Items No. 21 , 22, 23 and 24. The public hearing can
invite staff's comments first.
Stiles: Mr. Mayor and Council. This is where the property north of Ustick Road -
it's part of what has been known as the young lands property. They're proposing
106 building lots and they had to have a Homeowners Association Recreation
Center here. Here they would have a park. Due to the fact that they are not
meeting ordinance requirements in regard to frontage and block length
requirements and I think those are the only two areas where they don't meet
requirements. They have submitted this as a Planned Development. As part of
that Planned Development, they are required to have a minimum of 10 percent
open space, which is what this park area would be here. It was discussed with
Meridian City Council Meetins (
September 5,2000
Page 38
the Parks and Recreation Director whether the City would like to take over that
and I believe his final analysis was that since they were already to provide the
open space, there was no reason for the City to participate in owning and
maintaining that initially. I guess he reserves the right to try something else later.
. There is a proposal. I haven't talked to the School District but Miss Bowcutt has
indicated that they are interested in an elementary school site on this property in
approximately this area here. Also the applicant would be required to provide a
pedestrian walkway along Five Mile Creek and that would need to be constructed
as part of the development. On the plat that you have before, I'm not sure what
changes have been made, but they do show an easement going along the backs
of these properties here and also an easement along here that they cannot
include as part of the lots and they would need to include those in a common lot
for the property. Also there is a sewer line running down the Five Mile Creek and
they would not be able to encroach within that easement. They're proposing that
initially, they'd be allowed to leave this open. It's known as the crease in lateral.
I believe and Miss Bowcutt can correct me - I believe they plan to pipe it all along
the remainder of the northern boundary and on the western boundary, but due to
the phasing and some of the agreements they're trying to reach with Nampa
Meridian Irrigation District, they would like to leave that open at this time. If that
is approved, their lots would need to reflect that they're not encroaching on that
easement. Mr. Ed Bews, who is developing a lot of the property in this area - He
has purchased a significant amount of property in the area and this is just the first
phase of many phases to come. They have also shown in their application that
they would like these to be office lots and the staff does support that concept.
However, until a Comprehensive Plan Amendment is approved by City Council
that would support that. They will be limited to single-family family residential
and they will remain with the R-4 zoning. The applicant has indicated they will
come back if the Comprehensive Plan is changed to allow this and rezone those
lots. We like the concept. They have nice internal access from the subdivision to
these proposed office lots and they don't have any other direct access to the
arterial that can cause some problems later. The variance on Item No. 21 -
that's being requested because these block lengths - I believe this one - there
are probably three of them that actually exceed the block length requirement.
This is a dead end loop configuration similar to what was done at Wood Bridge
and with no outlet. We do agree with the request for annexation and zoning to
an R-4 and would recommend approval of the plat and a Conditional Use Permit
with staff comments as recommended by the Planning and Zoning Commission.
Corrie: Is the applicant representative here?
Bowcutt: Becky Bowcutt, 11283 West Hickorydale, Boise. I'm representing the
applicant in this matter. As Shari indicated, this is the first Preliminary Plat of a
larger property holding. The reason that we have segregated this portion is
because this property decrease in lateral - everything south here flows into the
Five Mile Creek Sewer trunk line. That's its designated trunk. Everything north
of that would flow into the white drain trunk that's proposed to go up Ten Mile and
Meridian City Council Meeting (
September 51 2000
Page 39
then head east. We have this particular parcel here that's isolated by Five Mile
Creek. My clients in the past have mixed like - medical office along with single-
family residential. Two examples of that would be Legend Subdivision and Bay
Hill Springs. They're typically single level, very nice structures. They have quite
astringent architectural control from the developers and the Homeowners
Association so they mesh in very well. Obviously we wouldn't want to put single-
family dwellings right up against Ustick which is an arterial. We've provided 40
feet of landscaping which is twice what would be required by your ordinance.
We've planned this collector roadway that would come in. There would be
landscaping on both sides - a substantial amount of landscaping. Then we have
what we call a loop concept coming off that collector. Then we have another
collector roadway going in an easterly direction. The Homeowners Association
Rec Center would be located right here and take access off of that collector. In
that building would be a sales office - restrooms - We plan on putting a tower
and we're trying to create kind of a Mediterranean motif. I can show you an
elevation of that. It kind of gives you an idea of what it would look like. There
would be a patio area and trellises. People could sit out there and picnic. There
will also be a swimming pool. This would be one of two recreation facilities within
this section of our development. This will be the smaller one. We'll provide a
parking lot along that facility so if any residences - they wanted to drive their
children there versus walking, there would be parking area. All of this area here
will be landscaped. We have some existing larger trees. Our intent is that any of
those that are in good condition that can be saved will be. They create a very
nice canopy. Right now there's a home underneath them. As you can see,
along the collectors, we have a lot of landscaping. These lots all exceed 8,000
square feet. Our intent was to create deeper lots and we reduced the widths of
the lots, but increased the depths substantially. We average about 125 feet in
depth on a lot of these lots. Our widths range in the 78. We try to keep them as
wide as possible. We have a few 70s and a few 725. We're trying to provide a
little bit of a variety other than the standard 80 X 100 lot that's been done out in
this vicinity. The Five Mile Creek here has a flood plain associated with it. That's
what you see here. That's the flood plain as it comes out. It only affects the
open space that we have. We're really diligent to make sure that we didn't have
any of the homes falling within that flood plain. The floodway is isolated to the
channel right here. This is 140 feet in width. According to the assessors, Bureau
of Ree, Nampa/Meridian and the title company, that is owned and fee simple by
the Federal Government. We had one neighbor that stated that he had some
information otherwise, but the information that we've received is that we don't
own that. I have talked to the Bureau of Reclamation. They will allow this public
street and this would be a bridge to cross that. They've done it before. It doesn't
create a problem. They just give their consent to Ada County Highway District.
There's two existing homes on the property here that will be retained. Both of
those are very nice homes. They will be platted as part of this development.
They'll have to abandon their sewer or their septic and well and hook on to the
sewer and water system. We feel that we've got a really nice project. The value
of our homes will be between $150- and $190,000. In the larger scope of this
Meridian City Council Meeting (
September 5,2000
Page 40
project, we'll have different size lots. They'll start getting larger as we move
northward. Then at Ten Mile, there will be more along the lines of this and then
they'll get larger as they move eastward. We want to provide a variety of lot
sizes and home sizes for the public. In our conversations with the Planning and
Zoning Commission, the issue arose over the public versus private concerning
our open space. We have approximately five acres that would be open space.
The Recreation Center would sit on that five acres. One of the things that we
talked about was the possibility of an elementary school going in there. We have
met with the School District. We did take them a site plan. They are taking it
under consideration. We have not received any commitment as of yet. One
thing that was discussed was the fact that they would like to see a joint park and
an elementary school if possible. We'd like to keep that channel open with your
Parks Department because we feel that since we are located along Five Mile
Creek, to create a recreational destination along that pathway system would
really fit well into your pathway and park system. There is an existing bridge that
the two existing homes use for access located right here. It's in excellent
condition. It's a concrete structure. That could be used for pedestrian purposes
- drop people right into this parkway. Within our development, we'll have offset
meandering sidewalks along this collector. As you can see, we'll have
pedestrian pathways, linkages at each one of these loops. The crease and
lateral here as Shari indicated - We've asked that we pipe that in the future
because it is north of this loop. Our intent is if we can get Nampa and Meridian
to cooperate is to create a pathway along there so that we don't just have a
gravel corridor. We'll be piping the Creason from this point to this point over here
and then that Creason and lateral veers off onto the other property and turns the
bend here. But we would not pipe the Creason that is not up on our property.
This is a copy of kind of concept that we did to demonstrate to the school district
what could happen as far as development of this site. As you can see, this is the
loop that you're approving tonight or one of the loops. The collective roadway
would lead right into the school site. This park area is contiguous with this so if
the Parks Department thought that a larger park would be more appropriate,
there is additional area there to expand it. But we'd like to keep those channels
of communication open. Getting to the Findings that were prepared by the
attorney, we're in agreement with everything under the annexation and rezone.
As Shari indicated, the future office lots - we understand we'll have to come back
for a rezone. We cant do that this time because it would not be in compliance
with your Comprehensive Plan. Under the recommendations for the CUP, the
only two items that I need to address is 1.2 and 1.3 on page 3. Under 1.2, that's
the discussion on the designation on the pathway along Five Mile Creek. I'd like
to stress as I've done before and other projects. I don't want to get in the
position where we're caught between two particular agencies - one requiring
pathways and the other stating that they won't grant the pathways. I've heard
from Mr. Kuntz that you're making headway with Nampa and Meridian as far as
some type of an agreement for these pathways. But we are still getting mixed
signals from the district. I met with one representative at the site. He indicated
that along the drains of the creeks that the pathways were acceptable. The
Meridian City Council Meeting (
September 51 2000
Page 41
laterals and the canals were the ones that they will not allow pathways. Then
when I met with his boss a few weeks later, he indicated that until this issue of
liability is resolved, they will not allow pathways. So I want you to keep in mind
that I don't want to be put in the position that I can't meet one of these conditions
because of Nampa Meridian Irrigation District. Secondly I would like to stress
that we do not own that land where Five Mile Creek resides - that 140 foot swath
is not part of our project. It cannot be. Item 1.3, just for the record, we
understand that we are required to do the 10 percent open space. We do not
dispute that. Our intent is to create this park area. One way or the other, it will
be nice and green and usable. I guess the issue that we will discuss with your
Parks Department and possibly your Parks Commission is would it be private or
would it be public? Under your ordinance, your ordinance does allow for the
common area under the PUD Chapter to be dedicated to a public body. I think
that that is something that can be done after we finish with this end of it. Under
the Preliminary Plat, I think we are on agreement. Page 4, 1.9 - Staff had some
concerns about the one point of ingress and egress into the development. I
indicated to them that under ACHD'S policy plan, we're allowed to have up to
100 single-family dwellings with one entrance. This is just going to be a
temporary situation. Once this project gets going, we'll move to the Ten Mile
area and start opening up another entrance. Eventually, these two collector
roadways will intersect in the middle of the section. I don't feel that we'll have a
problem with your fire department. My understanding is that they've allowed 130
homes for one point of ingress and egress. And I think that's all I have. Do you
have any questions?
Bird: I have none.
deWeerd: I have none for Becky.
Corrie: Thank you, Becky. Is there anyone from the public that would like to
issue testimony on this subdivision? Okay. Questions from Councilor staff?
deWeerd: Mr. Mayor.
Bird: Mrs. deWeerd.
deWeerd: Only if Tom has any comments regarding the presentation.
Kuntz: Just two. One is on the park space approximately five acres but some of
that will be taken up by the recreation center. The discussions with Becky at this
point have been that since that three acres of open space is required through the
PUD development anyway - unless we were to acquire additional space where
she is suggesting that a school go - where we could make it into a five to seven
acre site. If that were to happen, at some point we would be interested in
possibly dedicating that for public use and then have the Parks Department take
over the maintenance and operation of that site. But the three-acre size, at this
Meridian City Council Meeting(
September 5,2000
Page 42
point - to have it maintained by the homeowners and use as a homeowners area
would be the best way to go at this point, the Parks Department feels. Two is on
the pathway. Until a pathway has some connectivity to something, I think our
stance would be that the developer - If he would want to pay to put the pathway
in and develop that area, we would certainly be willing to cooperate and help
work with Nampa Meridian Irrigation District to come up with some kind of license
agreement if necessary to have the City involved. But initially, the construction
costs, we would probably not be interested in those.
deWeerd: I have nothing further.
Corrie: Any other questions?
Bird: I have none.
Corrie: I'll entertain a motion to close the public hearing on 21 , 22, 23 and 24.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Items 21, 22,
23 and 24 on the Agenda - Bridgetower Subdivision. All those in favor of the
motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Comments or discussion? Hearing none. We'll take them one at a time,
then. Item No. 21 is a request for variance for the 1 ,000 foot maximum block
length for proposed Bridgetower Subdivision by Primeland Development, LLP.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the variance for the 1 ,000
foot maximum block length for the propose Bridgetower Subdivision by
Primeland Development and instruct the City Attorney to draw up the appropriate
Findings of Facts and Conclusions of Law and Decision of Order subject to staff
comments.
Bird: Second.
Corrie: Motion made and seconded to have the attorney to draw up the Findings
of Facts and Conclusions of Law for approval of a variance, a request in Item No.
Meridian City Council Meeting(
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I'
(
21 and include staff comments. Any further discussion? Hearing none. Mr.
Berg, roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item No. 22 is a request for annexation and zoning for 52.90 acres from
an R-T to an R-4, Primeland Development Company.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order in favor of the annexation and zoning
of 52.90 acres from an R-T to R-4 by Primeland Development Company, LLP for
proposed Bridgetower Subdivision and incorporate the staff's comments.
deWeerd: Second.
Corrie: Motion made and seconded to approve the request for annexation and
zoning of the 52.90 acres by Primeland Development Company and have the
attorney draw up the proper Findings of Facts and Conclusions of Law and
Decision of Order and ordinance. Is there any other discussion?
Corrie: Roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item No. 23 is the request for Preliminary Plat - approval of the
Bridgetower Subdivision with 106 building lots, one Homeowners Association
Rec Center, one parking lots and 19 common lots in 46.2 acres.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I move that we instruct the city attorney to draw up Findings of Facts
and Conclusions of Law and Decision of Order for approval of PP 00-017,
request for Preliminary Plat for Bridgetower Subdivision with 106 building lots,
one Homeowners Recreation Center, one park lot and 19 common lots on 46.2
acres and to include staff comments.
Meridian City Council Meeting (
September 51 2000
Page 44
("--
Bird: I second that.
Corrie: Motion made and seconded to approve the Preliminary Plat and have the
attorney draw up the proper order and to include the staff's comments.
Nichols: Mr. Mayor, members of the Council. Miss Bowcutt indicated that Item
1.9 on the Preliminary Plat recommendations had to do with the single access.
Currently the recommendation from Planning and Zoning requires that the
applicant essentially get together with the Fire Department and develop
temporary emergency access until there was a secondary principal access
provided. So we'll need direction from you as to whether to continue that. Right
now as the motion stands, that would be part of the Preliminary Plat Conditions
and I don't know if you wanted to address that separately.
deWeerd: I thought they left it up for the applicant and the Fire Department.
Correct?
Nichols: Councilwoman deWeerd, as I read this, it would require a temporary
emergency access point until there is a secondary access into the subdivision. If
I understood Miss Bowcutt's comment, she wanted that part of it eliminated. I
just want to make sure that I'm clear as to what my direction is.
deWeerd: I would defer that to either Kenny or Councilman Anderson.
Anderson: I don't want to speak for Meridian Fire Department.
deWeerd: Well, I don't mean speak for the Fire Department.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: It says the applicant must work with the Meridian Fire Department to
determine whether a temporary emergency access point is necessary until such
time a secondary principal access is provided.
Nichols: Councilman Bird, Mayor, members of the Council. Perhaps that's one
of those things that's just a little bit fuzzy. It's the same thing as allowing Mr.
Kuntz to be able to work with the developer to determine drainage inside a park.
Perhaps it's okay as long as the applicant understand that if in the final analysis,
the Fire Department says we have got to have a temporary emergency access
then one would be there.
Bird: This is pretty good.
Anderson: Okay. Let's do it then.
Meridian City Council Meeting (
September 5, 2000
Page 45
Bird: Do you agree with that?
deWeerd: If Kenny is comfortable with it.
Bowers: Mayor Corrie, City Council members, Councilwoman deWeerd. This
one here would be a very difficult subdivision to put a second access into it
because of the drainage and would have to put in some more bridges. Also
we've found out that a lot of our accesses that was put in several years ago
became problems with the neighborhood of people - the kids having meetings in
the tunnels or in the roads, weed problems, but this one would be a very difficult
one to get a second access into it at this tim"e. With 106 lots, we would be able to
live with that.
deWeerd: Okay. So that language could be stricken? My motion would agree
with that.
Corrie: Okay. Motion has been made to approve the Preliminary Plat with the
striking of 1.9 and the page four recommendation to City Council on the
Preliminary Plat. Any further discussion. Hearing none. Roll-call vote, Mr.
Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Okay Item No. 24 is a request for Conditional Use Permit to construct a
planned unit development consisting of 106 building lots by the Primeland
Development Company.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order for CUP 00-043 - request for
Conditional Use Permit to construct a planned unit development conceiving of
106 buildable lots by Primeland Development Company.
deWeerd: Second.
Corrie: Motion made and seconded to approve the Conditional Use Permit and
the attorney to draw up the Findings of Facts and Conclusions of Law. Further
discussion? Hearing none. Roll-call vote, please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
Meridian City Council Meeting(rr
September 5,2000 '
Page 46
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Council, do want to do one more before 10:00 and have the - decide
which one you want to try?
Bird: What public hearings do we got here that we got people for? Every one of
them?
Corrie: 31. 31, and you're what? 27?
Anderson: Just take it in order.
Corrie: I don't think we can move anybody different. You're going to have to do
one more. I think it would be 25 and put the others in the 19th. You will have to -
Bird: Well, we're loading up the 19th big time again. And Shari wants to have a
special meeting for the Landscape Ordinance. I think we just need to have
another four-hour special meeting one of these days and take care of some of
these other public hearings, too, because we have got the 19th so filled right now.
Corrie: Okay. When would you like to do it? What time restraints do we have if
we have the -
Bird: We don't have any time restraints.
Nichols: Mayor, members of the Council. We don't have to republish if we
announce at this meeting what date they are continued to. Is that correct, Mr.
Clerk?
Berg: Mr. Mayor, members of the Council. Yes, it's correct. There are a couple
issues on some of these hearings, and I know that the Parks and Rec Director
has a comment about the recreation fees that are going to be implemented or in
place soon -- next week.
Corrie: I hope we have a meeting the 11 th. Monday the 11 th. Is that going to
give you enough time?
Nichols: I would have to find a substitute for me in my office because I know of a
conflict and I can't be there on the 11th. Excuse me, Mr. Mayor, members of the
Council. We have a problem with getting this room because that's a school
board meeting also at 5:30 that they start.
Corrie: How about the 13th? Wednesday.
deWeerd: I can do that.
Meridian City Council Meeting (
September 5,2000 '
Page 47
Corrie: Okay roll it to the 13th. Are you okay with the 13th? The 13th -- that
would give you -
deWeerd: Mr. Mayor, can you do it without me?
Corrie: I would rather not. Two Councilmen. We can. We've got a quorum.
Nichols: Mr. Mayor and members of the Council. Perhaps it might raise your
comfort level a little bit determining what it is if we're just simply talking about
these registration for these fall ree classes. I guess the question would be have
you ever turned Mr. Kuntz down on any of these requested fees? And if not, to
simply just review those. You've established the quorum for the meeting, and
when Mrs. deWeerd leaves, you still have a meeting and the other two can vote.
Corrie: I agree there. It's up to them, I guess.
Bird: Let's go for it.
Corrie: Okay No. 30.
Bird: No. It's No. 28, isn't it.
Corrie: Oh, the 28th. I'm sorry. We'll move the rest of them to the 13th.
Bird: Mayor, the ones we have continued to the 19th, I would like to see maybe
getting those on the 13th, too, depending on how many we got coming for the
13th.
Nichols: Mr. Mayor, members of the Council. Once you've already continued
them to the 19th you're going to have to stick with it.
Corrie: Okay. Then, lets have Item No. 25, 26, 27, 29,30,31,32,33,34 and 36,
37 to continue on the 13th of September.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue.
Corrie: We have to do one at a time, I presume.
Bird: We'd have to open and then continue them. We have to re-notice. Okay.
So he has to open each one of these.
Meridian City Council Meeting(
September 5,2000 \
Page 48
Item 25.
Public Hearing: PFP 00-002 Request for Preliminary / Final Plat
approval for proposed Presidential Subdivision by Developers
Diversified / Dakota Company with 3 building lots on 10.99 acres in
an I-L zone - southeast corner of Presidential Drive and Eagle
Road at the Meridian Crossroads Center:
Corrie: Okay. ('II open up the hearing on Item No. 25 and I'll request the
Council's continuance.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing for the Preliminary Final Plat
approval for proposed subdivision by Developers Diversified - Dakota Company
with three building lots with 1 0.99 acres in the I-L zones, southeast of
Presidential Drive and Eagle Road at the Meridian Crossroads Center until
9/13/2000.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item No.
25 until 9/13/2000. Any further discussion?
Siddoway: Mr. Mayor, members of the Council. I have just a comment that I
think you probably ought to set the time since that's a special meeting so that
everyone knows when this - Whatever it is, it's a special meeting.
Bird: 6:30 p.m.
Corrie: Okay. 6:30 p.m. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 26.
Public Hearing: VAR 00-020 Request for Variance for the
reduction of landscaping requirements to allow new construction
site to match existing and as typical for the area and subdivision for
Seven Gates by Darol Forsythe / Seven Gates Properties - Lots 8,
9 and 10 of Block 1 of the Layne I ndustrial Park:
Corrie: Item No. 26. I open the public hearing and request the Council to
continue that until 9/13.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Meridian City Council Meeting (
September 5, 2000
Page 49
Anderson: I would make a motion to continue the public hearing on the request
for the variance for the reduction of landscaping requirements by Seven Gates
until 9/13 at 6:30 p.m.
Bird: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 26
until 9/13 at 6:30 p.m. Any further discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT
Item 27.
Public Hearing: VAR 00-019 Request for variance of the
required size and number of trees from 37 three-inch Caliper trees
to 27 two-inch Caliper trees for The Bower Street, LLC -
southwest corner of Bower Street and East 5th Street:
Corrie: Item No. 27 is a public hearing. I will open the public hearing and
request that -
*** End of Side 3 **
Corrie: -- to 9/13 at 6:30 p.m.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing VAR 00-019, Request for
variance in required size and number of trees from 37 3-inch caliper trees to 27
2-inch caliper trees by the Bower Street, LLC until September 13, 2000 with
meetings starting at 6:30.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on the Bower
Street, LLC - request for variance until 9/13/2000 starting at 6:30 p.m. All those
in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 28.
Public Hearing: Registration fees for new fall recreation classes
offered through the Meridian Parks and Recreation Department:
Corrie: Weare going to hear the 28?
Meridian City Council Meeting'
September 5,2000 '
Page 50
Bird: Aren't we going to do the landscaping?
Corrie: That's on the 13th as well.
Bird: We got to open it though, don't you?
Corrie: I'm going to open the public hearing on Item No. 28. Registration fees
for all new fall classes through the Meridian Parks and Recreation Department.
Bird: We need to enact upon that, Mr. Mayor. I would go ahead and enact upon
that.
Corrie: Tom.
Kuntz: You should have in your packet a list of brand new classes that we're
offering for the first time this fall. Fees have been established in negotiating with
the different instructors with those classes. Those will be out in our fall
publication next week, so I need your approval on those fees.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Tom is there. And I know that in the Men's Basketball League, they're all
new classes. Aren't they Tom?
Kuntz: Correct.
Bird: So we're setting a new fee at that level. We're not raising?
Kuntz: Correct.
Bird: The Men's Basketball - that's what it was last year, wasn't it?
Kuntz: I believe so. We're trying to keep the ringers out this year, though.
Corrie: Anything else, Tom?
Kuntz: No, sir.
Corrie: Is there anybody else in the public that would like to issue testimony on
the proposed new fall recreation classes? Hearing none. I will entertain a
motion to close the public hearing.
Anderson: So moved.
Meridian City Council Meeting (
September 5, 2000
Page 51
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 28.
All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the new registration fees for
the fall recreation classes that will be offered by the Meridian Parks and
Recreation.
Bird: I will second that.
Corrie: Motion made and seconded to approve the registration fees for the new
fall recreation classes offered through the Meridian Parks and Recreation. Any
further discussion? Hearing none. Roll-call vote.
Roll-call: deWeerd, absent; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 29.
Public Hearing: Proposed change to the Notice of Mailing
Ordinance allowing first-class mail to replace certified mail for
notification of public hearings:
Corrie: Item No. 29 is to open the public hearing. Proposed change and Notice
of Mailing Ordinance allowing first-class mail to replace certified mail for
notification of public hearing.
Bird: Do you want us to continue that, Mayor?
Corrie: Yeah, we can. That won't be much.
Bird: I move that we continue the public hearing for the proposed change and
Notice of Mailing Ordinance allowing first-class mail to replace certified mail for
notification of public hearing to September 13th, 2000. The meeting starts at
6:30.
Anderson: Second:
Meridian City Council Meeting (
September 5, 2000
Page 52
Corrie: Motion made and seconded to continue the public hearing on the
proposed change and Notice of Mailing Ordinance allowing first-class mail to
replace certified mail. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 30.
Public Hearing: Proposed changes to the Landscape Ordinance
by the City of Meridian:
Corrie: Item No. 30 is a public hearing. Proposed changes to the Landscape
Ordinance by the City of Meridian. I'll open the public hearing with Council's
(inaudible) on that.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing for the proposed change to the
Landscape Ordinance by the City of Meridian to September 13th, 2000 with the
meeting starting at 6:30.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 30
until September 13, 2000, at 6:30 p.m. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 31.
CUP 00-044 Request for Conditional Use Permit to construct a
4,125 s.f. tilt-up concrete building for Eagle Concrete Pumping by
Rod and Sheri Eisele in a Flood Plain Overlay District currently in
an I-L zone - North Baltic Place in the Meridian Business Park:
Item 32.
CUP 00-042 Request for a Conditional Use Permit to construct a
Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods
and TFCM currently in an I-L zone - located on Pad P-3 at the
Meridian Crossroads Center:
Corrie: Item No. 31 and 32. 31 is a request for Conditional Use Permit to tilt-up
concrete building for Eagle Concrete Pumping.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting(
September 5,2000
Page 53
Bird: I move that we move CUP 00-044 - Conditional Use Permit for Eagle
Concrete Pumping to September 19, 2000.
Anderson: Second.
Corrie: Motion made and seconded to move the CUP 00-044 - request for
Conditional Use Permit to September 19, 2000, meeting. Any further comment?
All those in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Corrie: The Conditional Use Permit for Carl's Jr. Restaurant. What do you want
to do with that one? 13th or the 19th?
Bird: That was the one that was requested because of AHD?
Corrie: Thirty-two. Let me take a look. Yeah. That's correct.
Bird: I would move that we table CUP 00-042 - request for Conditional Use
Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar
Foods and TFCM currently in an I-L zone, located on path three of the Meridian
Crossroads Center until September 19, 2000, with hopes that we have the Ada
County Highway District comments.
Anderson: Second.
Corrie: Motion made to table Item No. 32 - CUP 00-042 - request for Carl's Jr.
Restaurant and drive-thru window until September 19, 2000. All those in favor of
the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 33.
FP 00-016 Request for Final Plat approval of 38 building lots and 1
other lot on 11.05 acres for Packard Subdivision No. 4 by
Packard Estates Development, LLC - southeast quarter, Section 5,
T3N, R1 E:
Corrie: Item No. 33. Request for Final Plat of 00-016 in Packard Subdivision.
Bird: Table that? We can take it to the 19th or the 13th, Mayor.
Corrie: Gary, is the 19th alright rather than the 13th on that, for timing, you think?
Smith: I don't know, Mr. Mayor. I tried to get hold of the developer today and
couldn't reach him. I wanted to see if he had any objection to the staff comments
because we hadn't heard back from him.
Meridian City Council Meeting(
September 51 2000
Page 54
Bird: For that, Mr. Mayor, I move that we table FP 00-019 - request for Final Plat
approval of 38 building lots and 1 other lot on 11.05 acres for Packard
Subdivision No. 4 by Packard Estates Development, LLC - southeast quarter,
Section 5, T3N, R1 E to September 19, 2000.
Anderson: Second.
Corrie: Motion made and seconded to table FP 00-016 to September 19, 2000,
meeting. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 34.
FP 00-017 Request for Final Plat approval of 3 building lots on
approximately 18 acres for proposed Worden Subdivision
currently in an Ada County RT zone by Randy and Linnea Worden
- Amity and South Locust Grove Road:
Corrie: Item No. 34 is for Final Plat on Worden Subdivision. Same thing, Gary?
Smith: Mr. Mayor, Council members. This is an Ada County Subdivision. It's a
3-lot 5-acre plus subdivision that I think has been hanging around for awhile.
They're waiting for us to sign off on it as a County Subdivision because it's within
our area of impact within one mile of city limits.
Corrie: Let's do it the 13th.
Bird: Would the 13th be okay, Gary?
Smith: Yes.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make the motion that we delay the request for Final Plat and
reschedule that for the Worden Subdivision on September 13 for Randy and
Linnea Worden.
Bird: Second.
Corrie: Motion made and seconded to table Item FP 00-017 - request for Final
Plat to be tabled until September 13, 2000. All in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Meridian City Council Meeting(
September 5, 2000
Page 55
Item 36.
Request for hook-up to City Services for Terrace Lawn Memorial
Gardens by Tim Gibson
Corrie: Thirty-five we have already done. Thirty-six is a request for hook-up to
City Services for Terrace Lawn Memorial Gardens. Gary, is that-
Smith: It's a request for property that's outside the city limits, within our area of
impact with an Urban Service Boundary. It's adjacent to the east - Venture
Street is going to be built along the east boundary of Wal-Mart and this is the little
office for the cemetery just to the east of that future street. Their septic tank and
drain field is failing.
Bird: Mr. Mayor.
Corrie: Go ahead, Mr. Bird.
Bird: Gary, is it going to hurt if we put that off until the 13th - or we can deal with
it now. I would just as soon deal with it now.
Smith: Yes. I think that would be fine.
Bird: Can we deal with it now?
Smith: Yes. We need that agreement that Bill Nichols is drafted for Service
outside the city limits.
Corrie: Okay. Have you got that one, Bill?
Smith: That requires annexation. That's a condition of the agreement. They
have to submit an application for annexation.
Bird: Yeah. They have to submit to get the hook-up. Mr. Mayor.
Corrie: Mr. Bird.
Bird: Now, this is back where the actual cemetery is. 1200 North Cloverdale
Road is not - They're address is not even in our impact, is it?
Smith: Well, the building that they're going to be serving is in our area of impact.
Bird: Yes. But their mailing address - this 1200 North Cloverdale, where their
mailing address is not in our area of impact. That's Boise, isn't it? Aren't we a
quarter of a mile west of Cloverdale?
Smith: Correct.
Corrie: It's right there next to Wal-Mart construction.
Meridian City Council Meeting(
September 5,2000
Page 56
(
Smith: Yeah. It's a little office building for the cemetery.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that the attorney draws up the agreement in favor of request
for hook-up to city services for Terrace Lawn Memorial Gardens by Tim T.
Gibson, 1200 North Cloverdale Road with the agreement of the annexation and
zoning included.
Smith: Just a point of clarification. I believe that if you required annexation, you
would be splitting the cemetery in half. I believe the City's area of impact line
goes down the middle of the cemetery. What we're asking to hook-up is one
small office on the very western side of the cemetery that has one bathroom to 4-
inch service to the new sewer service that's being installed as part of the Wal-
Mart project. And the reason it's being requested is the existing septic field is
falling underneath the Venture Street extension. If you require an annexation - If
you acted on it, you'd be splitting the cemetery in half. I'm not sure you really
want to annex the cemetery.
Bird: Is it annexed in Boise?
Smith: Not that I am aware of. I don't believe they have ever applied for
annexation.
Corrie: So it's still in the county, but we've got an ordinance that says if we do
that we have to have it annexed.
Smith: We have to apply for annexation. We don't have to annex it.
Corrie: We can refuse your annexation. I understand that.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Mr. Smith. What do you want to do? Mr. Nichols said it was your call.
Smith: Well, if we don't do anything with it right now and just provide service to
the office building, then it will remain a county property. Because there isn't any
reason for Boise City to annex it either.
Bird: It's not in their area of impact.
Meridian City Council Meeting(
September 5, 2000
Page 57
Smith: Right.
Bird: But he's asking for both water and sewer, right?
Smith: Just for sewer.
Bird: Do you have your own well?
Smith: Maybe we could do a subject of them filing application for annexation and
then we could sort it out at the time that the application comes in.
Bird: That's what the motion states - has been made. Didn't you second it,
Ron?
Anderson: You were interrupted before we got the second.
Bird: That's what it stated - that he would have to apply for annexation and
zoning and then at that point we could probably.
Smith: It didn't say that it has to be annexed.
Bird: It didn't say it had to be. It just says that they have to apply. That's what
our ordinance says, I believe. Isn't it, Bill?
Nichols: I don't remember.
Smith: The ordinance just says it has to be approved by the Council. You, as a
Council have requested the annexation applications in the past.
Corrie: Okay. Request to hook-up to City Services. Now, they don't want City
Services. You just want the sewer. That's not what it says here.
Bird: That's what I was saying. That's why I read my motion was a request to
hook-up to City Services. Services is water and sewer. You just want sewer.
Smith: Mr. Mayor and Council members. His letter specifically requests City
Sewer Service.
Bird: Do you want me to start my motion over?
Corrie: Yeah. Why don't you just move your motion and start it over.
Bird: I already moved myoid motion. Mr. Mayor, I move that we approve the
request for the City Sewer hook-up for Terrace Lawn Memorial Gardens by Tim
T. Gibson, 1200 North Cloverdale Road with the request of Planning and Zoning
application being made also.
Meridian City Council Meeting(
September 51 2000
Page 58
Anderson: Second.
Corrie: Motion made and seconded to approve the request for sewer hook-up -
City Sewer and also to have them make application to Planning and Zoning for
annexation and zoning. We can figure this thing out at that point. Okay. Any
other comments?
Bird: I have none.
Corrie: All in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 37.
COMPASS Destination 2020 Plan:
Corrie: Okay. This Compass Destination Plan - They aren't even here tonight,
are they? Okay, I'll talk to them later then.
38. Department Reports:
A. City Engineer - Gary Smith
1. Bid Results for the Ustick Reservoir Landscape Contract:
Corrie: Gary, I'll go through the bids.
Smith: Yes, sir. Mr. Mayor, Council members. We solicited bids for landscaping
of the Ustick Water Reservoir and on August 25th at 3 p.m., we opened three bids
submitted to the City. A-Z Sprinklers bid $73,625. Hillside Nursery bid $82,471
and Park Town Construction bid $123,957. Unfortunately, the low and second
low bidder did not comply with the requirements of the bid documents and did not
list their electrical subcontractor. Therefore, they were disqualified. The third
bidder, his bid far exceeds the landscape architect's estimate of $94,110.
Therefore, it's the opinion of Public Works De~artment that all of the bids be
rejected. The premise for that rejection is the 5t paragraph, the Invitation to Bid
which I believe allows us to do that. We will re-bid the project.
Corrie: Any comments?
Bird: Gary, I just got a question. Did you talk to A-Z Sprinklers and Hillside? Did
they have an electrical contractor in their bid. Did they have electrical?
Smith: They have to because they have to put in a sprinkler system that has an
electrical controller and they have to connect to 11 0 volt power and run that to a
transformer that steps it down to 24 volt or 12 volt - whatever it is that powers the
Meridian City Council Meeting(
September 5, 2000
Page 59
sprinkler system. But there was a specific requirement -- Line No. 1 on a
subcontractors to list their electrical subcontractors.
Bird: Did you ask and if they had electrical bid in their bid?
Smith: No, I didn't.
Bird: I'll bet you that neither one of them did.
Smith: If they didn't, they are still required to list themselves as the contractor.
Bird: I know.
Smith. Correct. It's a shame. We just go to as much pain as we can to have the
bidders fill in the blanks, yet, they don't do it. Unfortunately, I think we had a
couple pretty good bids that we're not going to be able to use.
Bird: Well, if you re-bid it, maybe they'll get themselves and list their electrical
contractors. Do you suppose?
Smith: I certainly hope so, but I would expect the bids will come in a little higher
than what we have right now. Historically, I think re-bids do.
Bird: Yeah.
Smith: Thank you.
Corrie: Okay. I'll entertain a motion on Gary's recommendations.
Anderson: Mr. Mayor.
Bird: Mr. Anderson.
Anderson: I would make a motion that we reject all the bids for the landscape for
the Ustick Reservoir bid.
Bird: I'll second it.
Corrie: Motion made and seconded to reject all the Ustick Reservoir landscape
contract bids and start over. Further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
B. Mayor Robert D. Corrie:
Meridian City Council Meeting(
September 5,2000
Page 60
1. Appointment of Planning and Zoning Commissioner:
Corrie: I think we can do all those later. The Department of Planning and Zoning
Commission has brought out that Mr. Rohm didn't live here long enough and I
should have caught that.
2. Nampa Meridian Master Pathway Agreement Discussion:
Corrie: Nampa Meridian Irrigation District - we've still got those coming.
3. A T & T and Cable One Option:
Corrie: AT&T and Cable One option. That one - do you have any objections to
that going from AT&T to Cable One.
Bird: What is it?
Corrie: You've got a - .
Bird: Yeah. I've got my deal, but-
Nichols: Mr. Mayor, members of the Council. We received a packet of
information literally more than 2 inches thick on this proposed sale of AT&T's
television cable system in this area and in some other areas to Cable One, Inc.,
which is a company based in Phoenix. They have to obtain FCC approval on
this. They appear to be from the documents that were provided and other things
that I looked up, they appear to be a financially solvent company. I can't imagine
- I suppose we could invest more time investigating them, but essentially your
consent is required to any transfer of the Cable Franchise.
Corrie: Do you have any objections?
Bird: I have no objections because I don't see any problem with it as long as
they've checked out and they're good people.
Nichols: Well, Councilman Bird, I don't know how good they are. I just know that
the way the Telecommunications Act tied local government's hands, there's not a
whole lot you can do, even if you don't like them. Rather than spend a bunch of
city resources on trying to do something - bigger outfit fight that battle.
Corrie: Well, one other thing. Let's wait until the 13th because we don't need to
have that sale of that property. Fire Department, I need you to have to get the
appraisal. We can bring it up in another meeting so I think it would be better - or
the 13th. I'll put it in reports. We're going to discuss selling of the Old Fire
Department. We're getting bids.
Meridian City Council Meeting(
September 512000
Page 61
(
Bird: On the 13th?
Corrie: We have to do it in the public.
Bird: I know.
Corrie: We can do it tonight if you want to but the other two aren't here.
4. Cherry Lane No.8 Agreement for Land Swap:
Bird: I would just assume wait until the other two are here on that. But the
Cherry Lane No.8 agreement for land swap - Is that that controversial?
Corrie: It's not controversial. Who's going to pay for it? The City or Steiner or
the golf course.
Nichols: Mr. Mayor, members of the Council. Revisiting this Lakes at Cherry
Lane No.8 land swap issue, I received a - I can't recall the date. Maybe it was a
week ago Friday. I received a proposed exchange agreement from the attorney
for Steiner Development and I thought I had made myself clear that it was our
expectation that Steiner Development would pay any out-of-pocket costs
associated with this exchange because A: It was going to give him bigger lots
and in fact, an additional lot. There wasn't any direct benefit to the City. This
agreement comes and call for the City to pay for the Title Insurance, calls for the
City to pay for half of the cost of the appraisal. The appraisal was approximately
$1000, so there's $500. The Title Insurance - I would estimate it around $200.
So there's $700. That's why I put a memo out to you that said "There's the
issue." If you'll give me your blessing, I'll go back to Steiner and say, "You're
getting a whole lot more value than $700. You pay the out-of-pocket cost.
Bird: I agree 100 percent. I didn't think there was going to be any cost of the
City because he's getting - Only one person should pay for it and that's him.
He's getting a nice lot. Plus heJs probably got it sold if he gets it. Do you agree,
Ron?
Anderson: I agree.
Bird: Well, go back and get him. Tell him if he wants it, I don't think that Cherry
Lane should payor neither should we.
Anderson: The other night when we gave the budget's presentation, we had the
public comment. I am serious about wanting to try to figure out ways to get some
additional funding. I think we have definite needs in the city. I would throw out to
the Councilman and the Mayor. I would like to pursue the November election to
increase the mill leverage to 4.0 and if everybody else is in agreement to that, I'd
Meridian City Council Meeting(
September 5,2000
Page 62
like to have Bill to do research and see what it takes to put that on the ballot and
get that going.
Corrie: November this year and then March or May of next year are the two
opportunities that we have. I'd whole-heartedly say to do it in November.
Nichols: Mayor, members of the Council. Will maybe has done more election
stuff, but are we even within the window of time to put something on the
November ballot. Good question. We can do it, I think, in March.
Berg: Mr. Mayor, members of the Council. I am not sure what the window is. I
am not sure. It has to be a city election, but you need to budget me more money
than what you budgeted me for election line item because it's going to be a full-
fledged election.
Corrie: It won't go in effect until the year 2002.
Bird: I'd like the whole Council, and I think you guys know how I stand - I am
going to have to see a whole lot of proof to it. I think that there's a lot of people
out here that are barely getting in some of these homes - that you raise their
taxes, and it's going to cost them. I think a lot of the problem - a lot of the
commercial getting over here is because of our taxes. I think we can raise more
money. But I also think to put it flat bluntly that you're never going to raise
enough money to satisfy everybody. I don't think that Nampa don't. They've got
.76 mill levy. Boise don't. They got a .62 or .68 mill levy. You're just - Let's
have a vote on it.
Anderson: I agree with that, Keith. I'm just saying that we have the lowest mill
levy, by far, for the services that we're providing of any of those cities that you
listed. And you're right. We're never going to fulfill everybody's dreams for
salaries and amount of personnel. I think we are definitely deficient in all three of
those areas that I mentioned tonight - Fire, Parks, Police and I think this would
be a step in the right direction. I've already heard that it would give us about one
million dollars in additional income that could be used to fill some of those needs
for the City. What we're doing is presenting it to the people and showing them
what the needs are. They're the ones that are deciding with the election whether
they want to do it or not. From what I saw in the public hearing, they're all saying
yes. We want more and we're willing to pay for it. I think we, as Councilmen,
owe it at least to them to put it on the ballot and let them decide.
Bird: I have no problem. But, like Will says, you'd better do some (inaudible)
because you have got to put the election on it, just like running a City Election.
Why not do it next November when you're electing two Councilmen? It's already
part of the deal. I guess every year that we put it off, it's just another year we
delay that income. I think there's only two opportunities. You are not going to
get it anyway if you raise it. You're not going to get that to come through.
Meridian City Council Meeting(-
September 5,2000
Page 63
Corrie: It comes through January of 2002. We have two windows. The way I
understand it from Ken Harwood - two windows of opportunity - November and
then one, I think, in March. Actually, you would have a better chance if you get it
set up and really get it right to get it. I am like Ron. I think the people are ready.
You're only going to add $90 to the average $150,000 home.
Bird: That's eight dollars a month.
Corrie: Well, you spend that much on -
Bird: I realize some people do and some - I live in a cheap house. It's not going
to affect me hardly at all.
Corrie: But I think Ron's right. Let's the people decide.
Bird: I agree there 100 percent.
Nichols: The one point that I would make is not really a legal point, Mayor and
members of the Council. If you decided to raise that levy up, it's a decision on
the part of the Council to essentially pursue a campaign for approval of that
election. In my experience, it's not the kind of thing that you can really put
together really well in 60 days. Even if we can get the appropriate resolutions to
get it on the November ballot, the question would be: Can we martial the forces
necessary to get the information out to the public so that the electard (sic) is well
informed so that they understand what they are voting on and why it would be in
their best interest to vote on it. So we can give you those deadlines. Certainly
Will and I can look into it by the 13th and tell you this is where you would be in
these are the steps that are required - Go from there. But I just know from
previous elections that I have been involved in, there's a certain amount of
salesmanship that goes into these things and it's best to have a plan and an
approach to get her done.
Anderson: I agree with you whole-heartily. I just want to get the ball rolling
because every time we just sit here and we keep missing those windows of
opportunity. Whether we can make the November or not - I'm not overly
optimistic that we can. I know that we need to get some things done and get
some people organized and start selling it. I, for one, am ready to do it. I think it
needs to be done.
Corrie: And I will get you the information as soon as I get it. They didn't give you
the right stuff.
Bird: They didn't give me the right IUC?
Corrie: Secretary on the salary survey and plus the stamps and things like that -
She gave us the wrong one, so he's kind of upset about it.
Meridian City Council Meeting(
September 5,2000
Page 64
Bird: Let me tell you something. I think Tom has a better camaraderie
retirement. I mean we can kiss that thing good-bye.
Corrie: In 30 minutes, I'll tell you some stories about-
Bird: Oh, you don't have to tell me, Bob. We've been a member of them since
they started.
Corrie: I know. But it's a lot different than what you were calling it.
Bird: No. We still are. I still get my pamphlets there.
Corrie: I know. I say that it's a lot different.
Bird: I know it is.
Corrie: It's not run by a board of directors anymore.
Smith: Excuse me, Mayor. Can I ask one question before you -
Bird: No.
Smith: We're not going to be here on the 19th. I'd really like to see Gary Benoit's
thing that was on the Consent Agenda come out on the 13th if possible. It's not
the end of the world if I'm not there.
Corrie: Well, we've already done it for the 19th.
Bird: It's too late.
Corrie: I'll talk to him tomorrow with you. Okay. I'll entertain a motion to adjourn.
Bird: Second.
Corrie: All in favor? Say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
MEETING ADJOURNED AT 10:40 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council Meetind/--
September 5, 2000
Page 65
APPROVED:
ATTESTED:
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
THE BAILEY COMPANY, FORA )
CONDITIONAL USE PERMIT FOR AN ARBY'S )
RESTAURANT IN THE FAMILY CENTER, IN )
I-L ZONE, LOCATED AT THE SOUTHEAST )
CORNER OF EAGLE AND FAIRVIEW, )
MERIDIAN, IDAHO )
)
)
)
C/C 08-15-00
CASE NO. CUP-OO-039
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 5th day of September,
2000, under the provisions of Meridian City Code S 11-17 -4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for an
Arby's Restaurant with drive-thru, and the proposed application request of a
conditional use permit for the construction, development, maintenance and use for
an Arby's Restaurant with drive-thru, as described in the "VICINITY MAP,
Project No. 191-07, Drawn By: NAIC, Checlced By: SHS, Sheet 1 of 1, Drawing File
Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal," The Bailey Company,
LLLP and TFCM Associates, LLC" Developer, for the development of the
aforementioned commercial development for a commercial development consisting of
an Arby's Restaurant with drive-thru and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
(
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. IE., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of said Section 9 from which the West 1/4
corner of said Section 9 bears South 01008'42" West, 2649.45 feet; thence South
64035'27" East, 200.42 feet to a point on the southerly right-of-way line of West
Fairview Avenue, as described .by Exhibit "B" of warranty deed Instrument No.
99072864, Records of said Ada County, said point being the REAL POINT OF
BEGINNING;
thence along said southerly right-of-way line South 89022' 1 0" East, 317.30 feet;
thence North 87053'02" East, 500.81 feet;
thence South 89022'10" East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-af-way
line of Records Avenue, as described. by Exhibit "C" of said warranty deed Instrument
No. 99072864, the following courses;
thence South 44028'35" East, 41.07 feet;
thence South 00025'00" West, 344.46 feet;
thence South 9055'31" East, 69.63 feet;
thence South 00024'57" West, 241.74 feet to a point on a non-tangent curve to the
left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central
angle of 15029'04" and a long chord of 53.86 feet which bears South 8058'50" East;
thence South 18008'07" East, 80.48 feet;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
['
I,
thence South 07020'43" East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No.5, as filed in Boolc 75 of Plats at pages 7779 and 7780,
records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary of
Crossroads Subdivision No.5, North 89035132" West, 228.44 feet to the northeast
corner of Crossroads Subdivision No.4, as filed in Bool( 73 of Plats at Pages 7519
and 7520, records of Ada County, Idaho;
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No.4, North 89035'32" West, 796.15 feet to an angle point
thereon;
thence South 01008'13" West, 62.50 feet to an angle point thereon;
thence North 88051'47" West, 287.81 feet along said northerly boundary to the
northwest corner of said Crossroads Subdivision No.4;
thence leaving said northerly boundary line and along the westerly boundary line of
said Crossroads Subdivision No.4 South 01008'13" West, 29.48 feet to the most
northwesterly corner of Crossroads Subdivision No.1, as filed in Book 65 of Plats at
Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No.1, South 01008'13" West, 620.13 feet to a point on a
non-tangent curve to the left, said point also being on the northerly right-of-way line
of E. Presidential Drive;
thence leaving said westerly boundary line and along said curve and said northerly
right-of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central
angle of 45026'02" and a long chord of 199.90 feet which bears North 66008'49"
West;
thence North 88051 '50" West, 445.36 feet to a point on a tangent curve to the right;
thence along said curve to the right 47.13 feet, said curve having a radius of 30.00
feet, a cental angle of 90000'32" and a long chord of 42.23 feet which bears North
43051 134" West, to a point of intersection with said curve and the easterly right-of-
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
(
way line of Eagle Road as described in warranty deed Instrument No. 8857970,
records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-way
line North 1008'42" East, 1589.72 feet to an angle point thereon;
thence North 58010'31" East, 134.35 feet to the Real Point of Beginning, contains
so. 11 acres, more or less.
2. That the above named applicant is granted a conditional use permit for an
Arby's Restaurant with drive-thru, located at the southeast corner of Eagle and
Fairview Roads, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of Planning and Zoning and Engineering as follows:
2.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any
ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance (Ord. 11-13).
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development Ordinance
(Ord. 11-13-4) and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
all off-street parking areas. All site drainage shall be contained and
disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C. and 12-5-2.M.
2.7 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance (Ord. 11-14).
No temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.IC).
2. 9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.1 0 Ada County Highway District (ACHD) has issued a letter to the
City of Meridian stating that the Family Center project now exceeds
450,000 gross square feet. Site specific requirement No.7 of the
ACHD Commission action on the Family Center development
requires that once the 450,000 s.f. threshold is reached,
improvements to the intersection of Fairview and Eagle Road must
be constructed. No building permits shall be issued for this project
until all ACHD required improvements are complete, unless
otherwise approved by ACHD.
2.11 Sanitary sewer and water service to this site shall be provided by
extension of existing lines within the Family Center.
2.12 Assessment fees for water and sewer service are determined during
the building plan review process. Applicant shall be required to enter
into an Assessment Agreement with the City of Meridian.
2.13 Underground pressurized irrigation shall be provided to all landscape
areas on site. Submit hook-up and design details based on the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
{
\
proposed landscaping. Landscape irrigation shall be via the
pressurized irrigation system being installed in the Family Center.
2.14 A conceptual landscape plan was submitted with the application
with a note that the actual landscape plan shall be provided by the
Land Group, Inc. The proposed pad layout is significantly different
than the original parking and landscaping layout. Applicant shall
verify that the proposed number of trees is in compliance with the
approved landscape plan for the site. A detailed landscape plan shall
be submitted with the Certificate of Zoning Compliance application.
Change the proposed rock ground cover to bark mulch to match the
other landscape areas within the development.
2.15 The proposed 12-foot and 14-foot drive aisles are subject to
Meridian Fire Department approval.
2.16 Coordinate screened trash enclosure location and construction
requirements with Sanitary Service Company. Submit a letter of
approval from Sanitary Services Corp. (SSC) when applying for a
building permit. All trash areas are to be enclosed by a screening
fence on at least three (3) sides.
2.1 7 Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
2.18 Freestanding signs for the project shall be limited to the single
monument sign shown on the plan. All signage shall be subject to
design review and requires separate permits. Any temporary or A-
frame signs shall be prohibited as a condition of approval, and will
be removed upon 3 days notice.
Adopt the recommendations of the Ada County Highway District as follows:
2.19 Comply with requirements of ITD for Eagle Road (State Highway
55) frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of
a building permit (or other required permits), whichever occurs first.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
(
2.20 Dedicate sufficient additional right-of-way to total 66-feet from
centerline of Fairview Avenue from the intersection with Eagle Road
for a distance of 650-feet east of the intersection, then taper to 60-
feet from centerline in 200-feet, and continue 60-feet of right-of-way
to the east boundary of the development (See 4. below).
The right-of-way shall be dedicated by means of recordation of a
final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever
occurs first.
2.21 Dedicate sufficient right-of-way abutting Eagle Road for the future
Eagle Road Interchange. Coordinate the right-of-way requirements
with District staff. The right-of-way is generally described as being a
minimum of 226-feet wide (113-feet east of centerline) from
Fairview Avenue south for 600-feet. The right-of-way needs then
taper to 146-feet wide (73-feet from centerline to a point 1,400-feet
south of Fairview Avenue.
2.22 Dedicate sufficient right-of-way abutting Fairview Avenue for the
future Eagle Road interchange. Coordinate the right-of-way
requirements with District staff. The right-of-way is generally
described as being a minimum of 176-feet wide (84-feet south of
centerline) from Eagle Road east for 500-feet, then tapering to 120-
feet (60 from centerline) at 1,000 feet east of Eagle Road.
2.23 Dedicate 76-feet of right-of-way (38-feet from the centerline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of right-of-way (30-feet from centerline)
for Records Drive from that point to the south boundary of the
parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit
(or other required permits), whichever occurs first.
2.24 Prior to beginning a phase of the development that exceeds 450,000
gross square feet, construct the needed improvements to create dual
left-turn lanes on the two Fairview Avenue approaches of the
Eagle/Fairview intersection and right-turn lanes on all legs of the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
intersection. The developer shall be allowed to offset the cost of the
two left turn lanes on the Fairview Avenue legs of the intersection
from the impact fee to be collected for the development.
2.25 Prior to the construction of any portion of the development south of
Presidential Drive, construct the needed improvements to create dual
left-turn lanes on the eastern approaches of the Eagle/Pine
intersection.
2.26 Construct a five-foot sidewalk on Fairview Avenue abutting each
development phase (approximately 2,600-feet total) prior to issuance
of any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to
issuance of a building permit.
2.27 Construct a five-foot sidewalk on Eagle Road abutting each
development phase (approximately 2,600-feet total) prior to issuance
of any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to
issuance of a building permit.
2.28 Prior to opening of the development, construct pavement widening
on Fairview Avenue to one half of an 89-foot street section abutting
the parcel (approximately 2,600-feet).
2.29 Prior to opening of the development, construct pavement widening
on Fairview Avenue to add one eastbound lane from Eagle Road to a
point 500-feet west where the existing improvements end.
2.30 Construct a five-foot sidewalk on Pine Avenue abutting each
development phase (approximately 1,300-feet) prior to opening of
any development south of Presidential Drive.
2.31 Construct the four driveways on Fairview Avenue as proposed. The
driveways shall be located as proposed on the site plan dated 8/3/98,
prepared by Quadrant Consulting, Inc. and on file with the District:
approximately 440-feet, 940-feet, 1,51 O-feet, and 2,480-feet east of
Eagle Road respectively.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
a. The western driveway on Fairview Avenue (Driveway A) is to be
constructed as a right-in/right-out driveway, with driveway width
limited to 30-feet and a minimum storage length of 50-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Fairview Avenue. Extend the existing median island in Fairview
Avenue from its easterly terminus to a point 50-feet east of the
eastern edge of driveway A and construct pavement tapers with 15-
foot radii.
b. The second driveway on Fairview Avenue (Driveway B) is to be
constructed as a full access driveway with a width limited to 40-feet.
The minimum storage length shall be 100-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with IS-foot radii.
c. The third driveway on Fairview Avenue (Driveway C) is to be
constructed as a full access driveway with a driveway width limited
to 40-feet. The minimum storage length shall be 100-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Fairview Avenue. Construct pavement tapers with IS-foot radii.
d. The fourth driveway on Fairview Avenue (Driveway D) is to be
constructed as a full access driveway with a driveway width limited
to 40-feet. The minimum storage length shall be 100-feet for
outbound traffic and 50-feet for inbound traffic. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with IS-foot radii.
2.32 Construct Records Drive as a 65-foot street section (with curb, gutter
and five-foot sidewallc) from Fairview Avenue to a point 300-feet
south of Fairview Avenue. Records Drive shall be located
approximately 2,100-feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes and one
northbound through/right-turn lane. Two southbound lanes are
needed from Fairview Avenue to a point 300-feet south of Fairview.
Dedicate sufficient right-of-way for the noted improvements.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
2.33 Construct Records Drive as a 41-foot street section (with curb, gutter
and five-foot sidewalk) from a point 300-feet south of Fairview
Avenue to the existing stub street within the Crossroads subdivision.
2.34 Construct a traffic signal at the Fairview/Records intersection.
Provide and install an Opticom device for emergency vehicle pre-
emption of the signal to the satisfaction of ACHD and the Meridian
Fire Department. Other materials for the traffic signal are to be
purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal shall be designed to allow the future
construction of dual left-turn lanes on Fairview Avenue. Submit the
signal design to District staff for approval prior to construction.
2.35 Construct a driveway on Eagle Road aligned with Florence Street as
a full access driveway. The driveway width should be limited to 40-
feet. The minimum storage length should be 100-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Eagle Road. This driveway may be restricted to right-in/right-out
movement in the future. Construct a deceleration lane for the
driveway.
2.36 Construct Pine Avenue as a 28-foot street section from the project's
eastern property line to a point approximately 400-feet east of Eagle
Road. Widen the approach to Eagle Road to provide two westbound
left turn lanes, one westbound through lane and one westbound
right-turn lane. Coordinate the roadway design with District staff.
2.37 Prior to the commencement of construction of the area south of
Presidential Drive, construct a traffic signal at the Eagle!Pine
intersection. Provide and install Opticom device (an optical
communication device for emergency vehicle pre-emption of the
signal operation) as part of the signal installation. The District shall
provide the materials for the signal (with the exception of the
Opticom device) as its share of the entire Pine Avenue construction
from Eagle Road to the east boundary of the development. Submit
the signal design to District staff for approval prior to construction.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
Should the ACHD roadway project to extend Pine Avenue from
Eagle Road to Cloverdale Road precede the development expansion
south of Presidential Drive, all features related to Pine Avenue are to
be constructed by the applicant prior to the building permit issuance
for the development south of Presidential Drive or the cost therefor
paid to the District. Specifically, this includes the extra left-turn
lanes onto and off of Eagle Road and into the full access driveway
from Pine Avenue into the development.
2.38 Reconstruct the western median in Presidential Drive to provide a
left turn lane at the entrance to the project site (at the store fronts).
Provide a minimum of 100-feet of storage area for the new turn lane.
Coordinate the roadway design with District staff.
2.39 Construct a full access driveway on Presidential Drive as proposed
340-feet east of Eagle Road. The driveway width shall be limited to
30-feet. The minimum storage length shall be 50-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Presidential Drive.
2.40 Construct a full-access driveway connection to Presidential Drive at
the midpoint between Eagle Road and the project roadway in front
of the storesw The minimum storage length shall be 50-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Presidential Drive.
2.41 Construct a full access driveway on Presidential Drive as proposed
620-feet east of Eagle Road. The driveway width shall be limited to
30-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Presidential Drive.
2.42 Reconstruct the westbound approach at the Eagle Road/Presidential
Drive intersection to provide two westbound travel lanes. Coordinate
the roadway design with District staff.
2.43 Construct deceleration tapers at each of the driveways on Eagle
Road. Coordinate the design with ITD staff.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
2.44 Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Pine Avenue or Fairview
Avenue is prohibited.
2.45 Construct a full access driveway on Records Drive as proposed 175-
feet south of Fairview Avenue, limited to 30-feet of driveway width.
The minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with Records
Drive.
2.46 Construct a full access driveway on Records Drive as proposed 300-
feet south of Fairview Avenue, limited to 30-feet of width. The
minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Records
Drive.
2.47 Construct a full access driveway on Records Drive as proposed 500-
feet south of Fairview' Avenue, limited to 30-feet of driveway width.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Records Drive.
2.48 Construct a full access driveway on Records Drive as proposed 800-
feet south of Fairview Avenue, limited to 30-feet of driveway width.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Records Drive.
2.49 Construct a right-inlright-out driveway on Pine Avenue 175-feet east
of Eagle Road, limited to a driveway width of 30-feet. The minimum
storage length shall be 100-feet. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Pine Avenue. A
median island shall be installed in Pine Avenue from the stop bar at
Eagle Road to a point 50-feet east of the driveway.
2.50 Construct a full access driveway on Pine Avenue as proposed 340-
feet east of Eagle Road, limited to 3D-feet of driveway width. The
minimum storage length shall be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Pine Avenue.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
2.51 Construct a full access driveway on Pine Avenue as proposed 620-
feet east of Eagle Road, limited to a driveway width of 30-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Pine Avenue.
2.52 Construct and install traffic calming facilities on Presidential Drive
beginning at the eastern property line of the development and
extending through the intersection with Fillmore Way. Coordinate
the design and placement of the calming facilities with District staff
and the Crossroads Subdivision Owners Association.
2.53 Modify the site plan to create a vehicular way behind the pads
fronting on Fairview Avenue and Eagle Road (approximately 100-feet
into the site) to connect Records Drive and Pine Avenue. Install curb
returns at the intersections of this vehicular way with Records Drive
and Presidential Drive. Install STOP signs on the access aisles
intersecting with this vehicular way and install STOP signs on the
vehicular way at its intersections with Records Drive, the five major
driveways into the site, Presidential Drive and Pine Avenue.
Coordinate the location of the vehicular way with District staff.
Adopt the Recommendations of the Central District Health Department as follows:
2.54 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.55 Run-off is not to create a mosquito breeding problem.
2.56 Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
2.57 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for
stormwater disposal and design a stormwater management system
that prevents groundwater and surface water degradation.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14
BY THE BAILEY COMPANY / CUP-OO-039
(
2.58 Applicant shall submit plans for a food establishment.
Adopt the Recommendations of the Fire Department as follows:
2.59 All codes shall be met.
Adopt the Recommendations of the Nampa & Meridian Irrigation District:
2.60 All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the
site, the District shall review the drainage plans. The developer shall
comply with Idaho Code 31-3805.
Adopt the Recommendations of the Sanitary Service as follows:
2.61 Hang the gates and maximize opening width.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code 3 11-17 -8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
.deor.ern 6e-v ,2000.
I
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day of
Copy served upon Applicant, the Planning and Zoning Department, Publ~<rtt~orks
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE'Y't>~O 'f)"(- ,,~'
BY THE BAILEY C01\1PANY / CUP-OO-039 //..~III (JNT'l. """
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msg/Z:\ W ork\M\Meridian 15360M\Arby's CUP039\CUPOrder039
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-15-00
IN THE MATTER OF THE )
APPLICATION OF THE BAILEY )
COMPANY, FORA )
CONDITIONAL USE PERMIT )
FORAN ARBY'S RESTAURANT )
IN THE FAMILY CENTER, IN I -L )
ZONE, LOCATED AT THE )
SOUTHEAST CORNER OF )
EAGLE AND FAIRVIEW, )
MERIDIAN, IDAHO )
)
Case No. CUP-OO-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council for public hearing on August 15, 2000, at the hour of 7 :30 p.m., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and having heard and taken oral and
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and no one appeared in opposition, and having dilly considered the matter and
the Planning and Zoning Commission made the following Findings of Fact and
Conclusions of Law and Recommendation to City Council, and the City Council having
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY CARBY'S) / CUP-OO-039
Page 1 of 24
(
received the staff report and the record made before the Planning and Zoning Commission,
and being fully advised in the premises, the Council finds and concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code S 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B) That a special use pennit may be granted to an applicant if
the proposed use is othenvise prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(C) That upon the granting of a special use pennit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1 ) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 2 of 24
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an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code ~ 11-17 -2.
3. Idaho Code S 67 -6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994.
5. Prior to granting a conditional use pennit in a Light Industrial (I-L)
zone, a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use pennit all
in accordance with the provisions of Meridian City Code S 11-17-5, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 3 of 24
(
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission. "
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A notice of a public hearing on the conditional u~e permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for August 15,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been
posted upon the property under consideration more than one week before said hearing
and the copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the said August 15, 2000, public hearing; and the Applicant,
affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 4 of 24
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2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~s67-6509 and 67-6512; and Meridian City Code SS 11-15-5 and
11-17 -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and
Proof of Posting filed with the staff report.
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at the southeast comer of Eagle and Fairview,
Meridian, Idaho.
5. The owner of record of the subject property is TFCM Associates LLC of
Beachwood, Ohio.
6. Applicant is The Bailey company, LLP of Golden, Colorado.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-
7-2.
8. The proposed application requests a conditional use pennit for an Arby's
Restaurant with drive-thru. The I-L zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 5 of 24
Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is described in the "VICINITY MAP,
Project No. 191-07, Drawn By: NAIC, Checked By: SHS, Sheet 1 of 1, Drawing File
Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal," The Bailey Company,
LLLP and TFCM Associates, LLC, developer, for an Arby's Restaurant with drive-thrn,
in Light Industrial, located at the southeast comer of Eagle and FailView, Meridian,
Idaho, and which property is described as:
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. IE., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of said Section 9 from which the West 1/4
comer of said Section 9 bears South 01008'42" West, 2649.45 feet; thence
South 64035'27" East, 200.42 feet to a point on the southerly right-of-way line
of West FailView Avenue, as described by Exhibit "B" of warranty deed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 6 of 24
(
/
{
Instrument No. 99072864, Records of said Ada County, said point being the
REAL POINT OF BEGINNING;
thence along said southerly right-of-way line South 89022' 10" East, 317.30 feet;
thence North 87053'02" East, 500.81 feet;
thence South 89022'1 A" East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-
way line of Records Avenue, as described by Exhibit "C" of said warranty deed
Instrument No. 99072864, the following courses;
thence South 44028'35" East, 41.07 feet;
thence South 00025'00" West, 344.46 feet;
thence South 9055'31" East, 69.63 feet;
thence South 00024'57" West, 241.74 feet to a point on a non-tangent curve to
the left;
thence along said CUlVe 54.02 feet, said curve having a radius of 199.89 feet, a
central angle of 15029'04" and a long chord of 53.86 feet which bears South
8058'50" East;
thence South 18008'07" East, 80.48 feet;
thence South 07020'43" East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No.5, as filed in Bool( 75 of Plats at pages 7779 and
7780, records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary
of Crossroads Subdivision No.5, North 89035'32" West, 228.44 feet to the
northeast corner of Crossroads Subdivision No.4, as filed in Book 73 of Plats at
Pages 7519 and 7520, records of Ada County, Idaho;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 7 of 24
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No.4, North 89035'32" West, 796.15 feet to an angle
point thereon;
thence South 01008'1311 West, 62.50 feet to an angle point thereon;
thence North 88051'47" West, 287.81 feet along said northerly boundary to the
northwest corner of said Crossroads Subdivision No.4;
thence leaving said northerly boundary line and along the westerly boundary line
of said Crossroads Subdivision No.4 South 01008'13" West, 29.48 feet to the
most northwesterly comer of Crossroads Subdivision No.1, as filed in Book 65
of Plats at Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No.1, South 01008'13" West, 620.13 feet to a point on
a non-tangent curve to the left, said point also being on the northerly right-of-
way line of E. Presidential Drive;
thence leaving said westerly boundary line and along said curve and said
northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet,
a central angle of 45026'02" and a long chord of 199.90 feet which bears North
66008'49" West;
thence North 88051'50" West, 445.36 feet to a point on a tangent curve to the
right;
thence along said curve to the right 47.13 feet, said curve having a radius of
30.00 feet, a cental angle of 90000132" and a long chord of 42.23 feet which
bears North 43051'34" West, to a point of intersection with said curve and the
easterly right-of-way line of Eagle Road as described in warranty deed
Instrument No. 8857970, records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-
way line North 1008'42" East, 1589.72 feet to an angle point thereon;
thence North 58010131" East, 134.35 feet to the Real Point of Beginning,
contains 50.11 acres, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / cUP-OO-039
Page 8 of 24
11. Giving due consideration to the comments received from the
governmental subdivisions providing selVices in the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities and
selVices required by the proposed development will not impose expense upon the
public if the conditions of development, as set forth in the Decision and Order number
2, are found to mitigate the effects of the proposed use and development upon selVices
delivered by political subdivisions providing selVices to the subject real property within
the planning jurisdiction of the City of Meridian.
12. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
13. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2, and will be
designed, constructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the same area.
14. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
15. The use proposed within the subject application will be served
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 9 of 24
(
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
16. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
17. The use proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. Sufficient parking for the proposed use of the property will be
provided.
19. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the Applicant of the property, is granted a conditional use pennit for
the proposed application request of a conditional use pennit for an Arby's Restaurant
with drive-thru in I-L Light Industrial, located at the southeast corner of Eagle and
Fairview, Meridian, Idaho, and described in the "VICINITY MAP,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 10 of 24
(
Project No. 191-07, Drawn By: NAIC, Checlced By: SHS, Sheet 1 of 1, Drawing File
Name: arbys_cu_sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal", The Bailey Company,
LLLP and TFCM Associates, LLC, developer, for the development of the
aforementioned project, and which property is described as:
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. IE., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of said Section 9 from which the West 1/4
corner of said Section 9 bears South 01008'42" West, 2649.45 feet; thence
South 64035'27" East, 200.42 feet to a point on the southerly right-of-way line
of West Fairview Avenue, as described by Exhibit "B" of warranty deed
Instrument No. 99072864, Records of said Ada County, said point being the
REAL POINT OF BEGINNING;
thence along said southerly right-of-way line South 89022'10" East, 317.30 feet;
thence North 87053'02" East, 500.81 feet;
thence South 89022'10" East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-
way line of Records Avenue, as described by Exhibit "C" of said warranty deed
Instrument No. 99072864, the following courses;
thence South 44028'35" East, 41.07 feet;
thence South 00025'00" West, 344.46 feet;
thence South 9055'31" East, 69.63 feet;
FINDINGS OF FACT AND CONCLUSIONS OF,LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 11 of 24
(~
thence South 00024'57" West, 241.74 feet to a point on a non-tangent curve to
the left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a
central angle of 15029'04" and a long chord of 53.86 feet which bears South
8058'50" East;
thence South 18008'07" East, 80.48 feet;
thence South 07020'43" East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No.5, as filed in Book 75 of Plats at pages 7779 and
7780, records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary
of Crossroads Subdivision No.5, North 89035'32" West, 228.44 feet to the
northeast comer of Crossroads Subdivision No.4, as filed in Boole 73 of Plats at
Pages 7519 and 7520, records of Ada County, Idaho;
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No.4, North 89035'32" West, 796.15 feet to an angle
point thereon;
thence South 01008'13" West, 62.50 feet to an angle point thereon;
thence North 88051'47" West, 287.81 feet along said northerly boundary to the
northwest comer of said Crossroads Subdivision No.4;
thence leaving said northerly boundary line and along the westerly boundary line
of said Crossroads Subdivision No.4 South 01008'13" West, 29.48 feet to the
most northwesterly comer of Crossroads Subdivision No.1, as filed in Book 65
of Plats at Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No.1, South 01008'13" West, 620.13 feet to a point on
a non-tangent curve to the left, said point also being on the northerly right-of-
way line of E. Presidential Drive;
FINDINGS OF Fi\CT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 12 of 24
(
thence leaving said westerly boundary line and along said curve and said
northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet,
a central angle of 45026'02" and a long chord of 199.90 feet which bears North
66008'49" West;
thence North 88051'50" West, 445.36 feet to a point on a tangent curve to the
right;
thence along said curve to the right 47.13 feet, said curve having a radius of
30.00 feet, a cental angle of 90000'32" and a long chord of 42.23 feet which
bears North 43051 '34" West, to a point of intersection with said curve and the
easterly right-of-way line of Eagle Road as described in warranty deed
Instrument No. 8857970, records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-
way line North 1008'42" East, 1589.72 feet to an angle point thereon;
thence North 58010'31 If East, 134.35 feet to the Real Point of Beginning,
contains 50.11 acres, more or less.
2. The conditional use pennit granted herein is subject to the following terms and
conditions:
Adopt the Recommendations of Planning and Zoning and Engineering as follows:
2.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. Plans shall be
approved by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public W orlcs
Department. No variances have been requested for tiling of any ditches
crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance. Wells may be
used for non-domestic purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 13 of 24
C'
t4- ~ -
2.3 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
2.4 Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4)
and in accordance with Americans with Disabilities Act (ADA)
requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C. and 12-5-2.M.
2.7 All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs will be pennitted.
2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord.
12-5-2.I() .
2.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.10 Ada County Highway District (ACHD) has issued a letter to the City of
Meridian stating that the Family Center project now exceeds 450,000
gross square feet. Site specific requirement No.7 of the ACHD
Commission action on the Family Center development requires that once
the 450,000 s.f. threshold is reached, improvements to the intersection of
Fairviewand Eagle Road must be constructed. No building permits shall
be issued for this project until all ACHD required improvements are
complete, unless otherwise approved by ACHD.
2.11 Sanitary sewer and water service to this site shall be provided by
extension of existing lines within the Family Center.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 14 of 24
2.12 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
2.13 Underground pressurized irrigation shall be provided to all landscape
areas on site. Submit hook-up and design details based on the proposed
landscaping. Landscape irrigation shall be via the pressurized irrigation
system being installed in the Family Center.
2.14 A conceptual landscape plan was submitted with the application with a
note that the actual landscape plan shall be provided by the Land Group,
Inc. The proposed pad layout is significantly different than the original
parking and landscaping layout. Applicant shall verify that the proposed
number of trees is in compliance with the approved landscape plan for the
site. A detailed landscape plan shall be submitted with the Certificate of
Zoning Compliance application. Change the proposed rock ground cover
to bark mulch to match the other landscape areas within the
development.
2.15 The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire
Department approval.
2.16 Coordinate screened trash enclosure location and construction
requirements with Sanitary Service Company. Submit a letter of approval
from Sanitary Services Corp. (SSC) when applying for a building permit.
All trash areas are to be enclosed by a screening fence on at least three (3)
sides.
2.17 Handicap parl<ing, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
2.18 Freestanding signs for the project shall be limited to the single monument
sign shown on the plan. All signage shall be subject to design review and
requires separate permits. Any temporary or A-frame signs shall be
prohibited as a condition of approval, and will be removed upon 3 days
notice.
Adopt the recolnmendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAlLEY COMPANY (ARBY'S) / CUP-OO-039
Page 15 of 24
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2.19 C~mplywith requirements ofITD for Eagle Road (State Highway 55)
frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first.
2.20 Dedicate sufficient additional right-of-way to total 66-feet from centerline
of Fairview Avenue from the intersection with Eagle Road for a distance
of 650-feet east of the intersection, then taper to 60-feet from centerline
in 200-feet, and continue 60-feet of right-of-way to the east boundary of
the development (See 4. below).
The right-of-way shall be dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first.
2.21 Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle
Road Interchange. Coordinate the right-of-way requirements with District
staff. The right-of-way is generally described as being a minimum of 226-
feet wide (113-feet east of centerline) from Fairview Avenue south for
600-feet. The right-of-way needs then taper to 146-feet wide (73-feet
from centerline to a point 1,400-feet south of Fairview Avenue.
2.22 Dedicate sufficient right-of-way abutting Fairview Avenue for the future
Eagle Road interchange. Coordinate the right-of-way requirements with
District staff. The right-of-way is generally described as being a minimum
of 176-feet wide (84-feet south of centerline) from Eagle Road east for
500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east
of Eagle Road.
2.23 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records
Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue
and 60-feet of right-of-way (30-feet from centerline) for Records Drive
from that point to the south boundary of the parcel by means of
recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits),
whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP..OO..039
Page 16 of 24
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2.24 Prior to beginning a phase of the development that exceeds 450,000 gross
square feet, construct the needed improvements to create dual left -turn
lanes on the two FailView Avenue approaches of the Eagle/FailView
intersection and right-turn lanes on all legs of the intersection. The
developer shall be allowed to offset the cost of the two left turn lanes on
the FailView Avenue legs of the intersection from the impact fee to be
collected for the development.
2.25 Prior to the construction of any portion of the development south of
Presidential Drive, construct the needed improvements to create dual left-
turn lanes on the eastern approaches of the Eagle/Pine intersection.
2.26 Construct a five-foot sidewalle on FailView Avenue abutting each
development phase (approximately 2,600-feet total) prior to issuance of
any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to issuance of
a building pennit.
2.27 Construct a five-foot sidewalle on Eagle Road abutting each development
phase (approximately 2,600-feet total) prior to issuance of any Certificate
of Occupancy. The construction plans for the development showing the
sidewalk shall be approved prior to issuance of a building pennit.
2.28 Prior to opening of the development, construct pavement widening on
FailView Avenue to one half of an 89-foot street section abutting the
parcel (approximately 2,600-feet).
2.29 Prior to opening of the development, construct pavement widening on
FailView Avenue to add one eastbound lane from Eagle Road to a point
500-feet west where the existing improvements end.
2.30 Construct a five-foot sidewalk on Pine Avenue abutting each
development phase (approximately 1,300-feet) prior to opening of any
development south of Presidential Drive.
2.31 Construct the four driveways on FailView Avenue as proposed. The
driveways shall be located as proposed on the site plan dated 8/3/98,
prepared by Quadrant Consulting, Inc. and on file with the District:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page I 7 of 24
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approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle
Road respectively.
a. The western driveway on Fairview Avenue (Driveway A) is
to be constructed as a right-in/right-out driveway, with driveway width
limited to 30-feet and a minimum storage length of 50-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Extend the existing median island in Fairview Avenue
from its easterly terminus to a point 50-feet east of the eastern edge of
driveway A and construct pavement tapers with 15-foot radii.
b. The second driveway on Fairview Avenue (Driveway B) is to
be constructed as a full access driveway with a width limited to 40-feet.
The minimum storage length shall be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Fairview Avenue.
Construct pavement tapers with IS-foot radii.
c. The third driveway on Fairview Avenue (Driveway C) is to
be constructed as a full access driveway with a driveway width limited to
40-feet. The minimum storage length shall be 100-feet. Install a 36" by
36" high intensity STOP sign at the driveway's intersection with Fairview
Avenue. Construct pavement tapers with 15-foot radii.
d. The fourth driveway on Fairview Avenue (Driveway D) is to
be constructed as a full access driveway with a driveway width limited to
40-feet. The minimum storage length shall be 100-feet for outbound
traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Fairview Avenue.
Construct pavement tapers with 15-foot radii.
2.32 Construct Records Drive as a 65-foot street section (with curb, gutter and
five-foot sidewalk) from Fairview Avenue to a point 300-feet south of
Fairview Avenue. Records Drive shall be located approximately 2,100-feet
east of Eagle Road. Widen the approach to Fairview Avenue to provide
two northbound left turn lanes and one northbound through/right-turn
lane. Two southbound lanes are needed from Fairview Avenue to a point
300-feet south of Fairview. Dedicate sufficient right-of-way for the noted
improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 18 of 24
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2.33 Construct Records Drive as a 41-foot street section (with curb, gutter and
five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the
existing stub street within the Crossroads subdivision.
2.34 Construct a traffic signal at the Fairview/Records intersection. Provide
and install an Opticom device for emergency vehicle pre-emption of the
signal to the satisfaction of ACHD and the Meridian Fire Department.
Other materials for the traffic signal are to be purchased from ACHD or
be demonstrated to meet ACHD specifications. The signal shall be
designed to allow the future construction of dual left-turn lanes on
Fairview Avenue. Submit the signal design to District staff for approval
prior to construction.
2.35 Construct a driveway on Eagle Road aligned with Florence Street as a full
access driveway. The driveway width should be limited to 40-feet. The
minimum storage length should be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Eagle Road. This
driveway may be restricted to right-in/right-out movement in the future.
Construct a deceleration lane for the driveway.
2.36 Construct Pine Avenue as a 28-foot street section from the project's
eastern property line to a point approximately 400-feet east of Eagle
Road. Widen the approach to Eagle Road to provide two westbound left
turn lanes, one westbound through lane and one westbound right-turn
lane. Coordinate the roadway design with District staff.
2.37 Prior to the commencement of construction of the area south of
Presidential Drive, construct a traffic signal at the EaglejPine intersection.
Provide and install Opticom device (an optical communication device for
emergency vehicle pre-emption of the signal operation) as part of the
signal installation. The District shall provide the materials for the signal
(with the exception of the Opticom device) as its share of the entire Pine
Avenue construction from Eagle Road to the east boundary of the
development. Submit the signal design to District staff for approval prior
to construction.
Should the ACHD roadway project to extend Pine Avenue from Eagle
Road to Cloverdale Road precede the development expansion south of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO..039
Page I 9 of 24
(0
Presidential Drive, all features related to Pine Avenue are to be
constructed by the applicant prior to the building permit issuance for the
development south of Presidential Drive or the cost therefor paid to the
District. Specifically, this includes the extra left-turn lanes onto and off of
Eagle Road and into the full access driveway from Pine Avenue into the
development.
2.38 Reconstruct the western median in Presidential Drive to provide a left
turn lane at the entrance to the project site (at the store fronts). Provide a
minimum of I DO-feet of storage area for the new turn lane. Coordinate
the roadway design with District staff.
2.39 Construct a full access driveway on Presidential Drive as proposed 340-
feet east of Eagle Road. The driveway width shall be limited to 30-feet.
The minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driv€way's intersection with Presidential
Drive.
2.40 Construct a full-access driveway connection to Presidential Drive at the
midpoint between Eagle Road and the project roadway in front of the
stores. The minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with Presidential
D.rive.
2.41 Construct a full access driveway on Presidential Drive as proposed 620-
feet east of Eagle Road. The driveway width shall be limited to 30-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Presidential Drive.
2.42 Reconstruct the westbound approach at the Eagle Road/Presidential Drive
intersection to provide two westbound travel lanes. Coordinate the
roadway design with District staff.
2.43 Construct deceleration tapers at each of the driveways on Eagle Road.
Coordinate the design with ITD staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 20 of 24
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II
2.44 Other than the access point(s) specifically approved with this application,
direct lot or parcel access to Pine Avenue or Fairview Avenue is
prohibited.
2.45 Construct a full access driveway on Records Drive as proposed 175-feet
south of Fairview Avenue, limited to 30-feet of driveway width. The
minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Records Drive.
2.46 Construct a full access driveway on Records Drive as proposed 300-feet
south of Fairview Avenue, limited to 30-feet of width. The minimum
storage length shall be 50-feet. Install a 36" by 36" high intensity STOP
sign at the driveway's intersection with Records Drive.
2.47 Construct a full access driveway on Records Drive as proposed 500-feet
south of Fairview' Avenue, limited to 30-feet of driveway width. Install a
36" by 36" high intensity STOP sign at the driveway's intersection with
Records Drive.
2.48 Construct a full access driveway on Records Drive as proposed 800-feet
south of Fairview Avenue, limited to 30-feet of driveway width. Install a
36" by 36" high intensity STOP sign at the driveway's intersection with
Records Drive.
2.49 Construct a right-in/right-out driveway on Pine Avenue 175-feet east of
Eagle Road, limited to a driveway width of 3D-feet. The minimum storage
length shall be 1 DO-feet. Install a 36" by 36" high intensity STOP sign at
the driveway's intersection with Pine Avenue. A median island shall be
installed in Pine Avenue from the stop bar at Eagle Road to a point 50-
feet east of the driveway.
2.50 Construct a full access driveway on Pine Avenue as proposed 340-feet
east of Eagle Road, limited to 30-feet of driveway width. The minimum
storage length shall be 100-feet. Install a 36" by 36" high intensity STOP
sign at the driveway's intersection with Pine Avenue.
2.51 Construct a full access driveway on Pine Avenue as proposed 620-feet
east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 21 of 24
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36" high intensity STOP sign at the driveway's intersection with Pine
Avenue.
2.52 Construct and install traffic calming facilities on Presidential Drive
beginning at the eastern property line of the development and extending
through the intersection with Fillmore Way. Coordinate the design and
placement of the calming facilities with District staff and the Crossroads
Subdivision Owners Association.
2.53 Modify the site plan to create a vehicular way behind the pads fronting
on Fairview Avenue and Eagle Road (approximately 100-feet into the
site) to connect Records Drive and Pine Avenue. Install curb returns at
the intersections of this vehicular way with Records Drive and
Presidential Drive. Install STOP signs on the access aisles intersecting
with this vehicular way and install STOP signs on the vehicular way at its
intersections with Records Drive, the five major driveways into the site,
Presidential Drive and Pine Avenue. Coordinate the location of the
vehicular way with District staff.
Adopt the Recommendations of the Central District Health Department as follows:
2.54 The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
2.55 Rlln-off is not to create a mosquito breeding problem.
2.56 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.57 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
2.58 Applicant shall submit plans for a food establishment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP..OO..039
Page 22 of 24
(
Adopt the Recommendations of the Fire Department as follows:
2.59 All codes shall be met.
Adopt the Recommendations of the Nampa & Meridian Irrigation District:
2.60 All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the District shall review the drainage plans. The developer shall comply
with Idaho Code 31-3805.
Adopt the Recommendations of the Sanitary Service as follows:
2'.61 Hang the gates and maximize opening width.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision ;and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-OO-039
Page 23 of 24
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~~
;./ day
By action of the City Council at its regular meeting held on the
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. \\\\\\ttUlIllJiJJ)
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of cQ/rjpfrl~ ,2000.
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BIRD
COUNCILMAN deWEERD
COUNCILMAN McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAI<ER)
DATED: 1-5 - tJO
MOTION:
APPROVED:~ ~
By:
Dated:
msg/Z:\Work\M\Meridian I 5360M\Arby's CUP039\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY CO!v1PANY (ARBY'S) / CUP-OO-039
VOTED$tt-
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VOTED
DISAPPROVED:
August 31 , 2000
AZ 00-015
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Quadrant Consulting ITEM NO. J
REQUEST Findings - Request for annexation and zoning of 7 (+/-) acres for proposed LDS
Church - south of Overland Road and east of Locust Grove Road on Charolais Drive
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
contacted:~%ttIU~ Date: q;j Phone: ~d..-t!!fJtJ?/
04~~ o&-
Materials presented at pJ'bii'C meetings shall become property of the City of Meridian.
See attached Findings
vJ-/
~
(
(
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-15-00
IN THE MATTER OF THE )
APPLICATION OF QUADRANT )
CONSULTING, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 7 ACRES FOR )
CONSTRUCTION OF AN LDS )
CHURCH, LOCATED SOUTH )
OF OVERLAND AND EAST OF )
LOCUST GROVE ROADS, )
MERIDIAN, IDAHO )
)
Case No. AZ-OO-OI5
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on August 15,2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, and Gary Smith, Public Works Director,
appeared and testified, and appearing on behalf of the Applicant was Warren
Stewart, Quadrant Consulting, Inc., and no one appeared in opposition, and the City
Council having duly considered the evidence and the record in this matter therefore
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-OI5)
(
makes the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for August 15, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the August 15,
2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 99 67-6509 and 67 -6511, and Meridian City Code 99 11-15-5
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 7 acres in size and is located south of
Overland Road, east of Locust Grove.
6. The owner of record of the subject property is the Church of Jesus
Christ of Latter-day Saints, of Boise, Idaho.
7. Applicant is Quadrant Consulting, Inc., of Boise, Idaho.
8. The property is presently zoned by Ada County as R T, and consists of
pasture.
9. The Applicant requests the property be zoned as R-8.
10. The subject property is bordered to the north and west by the City
limits of the City of Meridian and Ada County is to the south and east of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(.-
property.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area and is defined in the
Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: construction of a church.
14. The Applicant requests zoning of the subject real property as R-8 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose exp'ense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1 Any existing irrigation/drainage ditches laterals or canals crossing the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
property to be included in this project, shall be allowed to be delayed
until further improvements are made to the property adjacent to the
ditch area. At that time plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works .
Department.
16.2 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.3 Any future additional development on this property shall require
compliance with City ordinances in effect at the time of said
development.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
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neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
21. The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15 )
['
I
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to malee
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
4.3 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and implement
public improvements, services and its open space character.
4.4 To provide housing opportunities for all economic groups within
the community.
4.5 To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
4.6 To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through the use
of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at ~ 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8
District is to permit the establishment of single- and two-family dwellings at a
density not exceeding eight (8) dwelling units per acre. This District delineates
those areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
co~parable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. The property was given a conditional use permit in Ada County for the
church.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15) ;
(
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
cOlnmitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Orde~ and this does Order:
1. The applicant's request for annexation and zoning of approximately 7
acres to Medium Density Residential District (R-8) is granted subject to the terms
and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 7 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1 Tiling of any eXIstIng irrigation/drainage ditches laterals or canals
crossing the property to be included in this project, shall be allowed to
be delayed until further improvements are made to the property adjacent
to the ditch area. At that time plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
3.2 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
3.3 Any future additional development on this property shall require
compliance with City ordinances in effect at the time of said
development.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-8) Medium Density Residential
District, and Meridian City Code S 11-7-2 D.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please ta]<.e notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code 9 67 -6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
, denial of the annexation and zoning and who may within twenty-eight (28) days after
the date of this decision and order seele a judicial review as provided by Chapter 52,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
/
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
9f-
day
of Je,/?fehv~
, 2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~CL-
COUNCILMAN ICEITH BIRD
VOTED $A-
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED a/J~
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED: tf--~ --00
VOTED
MOTION:
APPRO~. DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs
Department and the City Attorney.
""""
=
BY~~~~_
City Clerk ·
Dated: 9--7tJO
msg/Z:\Work\M\Meridian 15360M\LDS Church Overland\AZFfClsOrder.wpd
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY QUADRANT CONSULTING
LDS CHURCH SOUTH OF OVERLAND EAST OF LOCUST GROVE
(AZ-OO-O 15)
(
August 31, 2000
V AR 00-016
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Bob Albrecht / Wayne McDonald ITEM NO. K
REQUEST Findings - Requet for variance to decrease the number of 3-inch Caliper trees due
to the unplantable area (irrigation and sewer easements) - East 5th street and King street
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~h ~~rk!-
See attached Findings
vU
aJP'~
Date: 9;/
Phone: gUt - ?J S:-;B
Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
RECEIVED
AUG 2 4 2000
CITY OF MERIDIAN
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Meridian Business Park (Lot 5 and part of Lot 6) By: Bob Albrecht and Wayne
McDonald
File No.:
V AR-OO-016
Date:
August 22, 2000
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A
VARIANCE, pursuant to action of the Council at their August 15,2000, meeting.
The Findings will be on the Council's agenda for their September 5,2000 meeting.
Please serve copies of both documents upon the Applicant and
appropriate departments if Council approves these FINDINGS.
If you have any questions please advise.
msg/Z:\W ork\M\Meridian 1 5360M\Albrecht McDonald V ARO 16\ClkLtrV ARffcls
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF BOB )
ALBRECHT AND WAYNE )
MCDONALD, FOR A VARIANCE )
TO DECREASE THE NUMBER )
OF 3-INCH CALIPER TREES DUE )
TO THE UNPLANTABLE AREA )
LOCATED AT EAST 5TH AND )
IGNG STREET, MERIDIAN, )
IDAHO )
C/C 08-15-00
VAR-OO-OI6
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on August 15, 2000, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and the Applicant, Bob Albrecht, appeared and testified, and no
one appeared in opposition, and the City Council having received the transmittal to
agencies and having received the variance application, having heard the testimony
presented, being fully advised in the premises does hereby make the following Findings of
Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A V ARlANCE /
BOB ALBRECHT AND WAYNE MCDONALD/ VAR-OO-016
(
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps.
2. The requirements of Idaho Code 99 67 -6509, 6516 and Meridian City
Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Bob L. Albrecht and Wayne E. McDonald, whose
address is 231 E. 5th Street, Meridian, Idaho 83642.
4. The owners of the property are Bob L. Albrecht and Wayne E.
McDonald, whose address is 231 E. 5th Street, Meridian, Idaho 83642.
5. The location of the subject property is presently located in an (I-L) Light
Industrial zone, and which subject property is located on Lot 5 and part of Lot 6, Blocle
1, Meridian Business Park, at East 5th and lung Street, Meridian, Idaho.
0-
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
A parcel of land being all of Lot 5 and part of Lot 6 in Block 1 of Meridian Business
Park, a subdivision, according to the official plat thereof as filed in the records of Ada
County, Idaho, which parcel is more particularly described as follows:
Commencing at the southwest comer of said Lot 5; thence
North 00031'11" East 167.54 along the westerly boundary of said Lots 5 and 6 to a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-OO-016
(
point on the westerly boundary of said Lot 6; thence
North 89020'30" East 260.05 feet to a point on the easterly boundary of said Lot 6;
thence
South 00031'11" West 167.54 feet along the easterly boundary of said Lots 5 and 6 to
a point being the Southeast corner of said Lot 5; thence
South 89020'30" West 260.05 feet along the southerly boundary of said Lot 5 to the
point of beginning.
7. The present land use of subject property is presently zoned as Light
Industrial (I-L), which subject property is presently a vacant lot.
8. The proposed land use of subject property is t~ develop the subject
property in the following manner: construct an office warehouse, manufacturing
building for lease which would be approximately 13,608 total square feet.
9. That a vicinity map, attached hereto as Exhibit "A", consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, 9 11-13-4 B. 3., DESIGN STANDARDS FOR OFF-STREET PARICING:
SCREENING, LANDSCAPING AND DRAINAGE, SCREENING, and in the I-L
zone if granted -the re-zone, which provides as follows:
11-13-4 B. 3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNEMCDONALD/ VAR-OO-016
(
a. Whenever a commercial off-street parking area is located in or adjacent to
a residential district, it shall be effectively screened on all sides which
adjoin or face any property used for residential purposes by a wall, fence,
~r planting screen that is not less than four feet (4') in height plus a
planting strip of four feet (4) minimum width or in an alternate
arrangement as approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained
on a continuing basis within the planting strip. Planting screens or
hedges shall not exceed two feet (2') in height where location is such that
sight lines are necessary for vehicular movement across pathways.
c. At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
11. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
from the list on file with the Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that the subject property has a 40' irrigation
easement, as well as, a 20' sewer easement along the entire 260.05' on the southern
boundary and 167' on the western boundary. The Nampa & Meridian Irrigation
District will not approve any tree planting in their easement, nor will the City of
Meridian. However, the Nampa & Meridian Irrigation District will allow shrubbery to
be planted in their easement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-OO-016
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement that one 3"
caliper tree shall be provided for every 1 ,500 square feet of pavement area.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property and the unusual or peculiar
circumstances which indicate that regulations of the ordinance should not be strictly
complied with, and the special conditions and circumstances that exist, are that the
irrigation and sewer easements comprise 16,582 square feet, or approximately 38% of
the total parcel, and approximately 71 % totals the paved area and sidewalk, or
approximately 23,50 I square feet. Therefore, with the restrictions of the Irrigation
District and City, as well as paving required by the City, it would be impossible to
comply with said ordinance. The large portion of the property that is dedicated to
sewer and irrigation easements are indeed unique when compared to other properties of
the same size.
15. A literal interpretation of the provisions of the ordinance, along with the
paving requirements, would deprive the Applicant of rights commonly enjoyed by other
properties in the District. Under the terms of the ordinance by further reducing
useable building space, as a result of the easements, the building space available on the
property has already been reduced by approximately 5,950 square feet or 30% of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE I
BOB ALBRECHT AND WAYNE MCDONALD I VAR-OO-016
(
total project potential, when likened to other comparable properties.
16. The existence of special circumstances or conditions affecting the
property are that the existing special conditions and easements of the property are not
a result of actions by the applicant.
17. Granting the variance would maintain rights which would be afforded to
others in the same situation.
18. The Comprehensive Plan for the I-L District is to provide for light
industrial development and opportunities for employment of Meridian citizens and
area residents and reduce the need to commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments which are clean, quiet and
free of hazardous or objectionable elements, such as noise, odor, dust, smolee or glare
and that are operated entirely or almost entirely within enclosed structures; to
delineate areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses.
19. The variance would allow the applicant to maximize the potential site in
order to generate a fair return on investment and to offset the cost of the land and
development costs.
20. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area of the proposed plat, and, in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-OO-016
(.<
\
fact, the development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are the
source of the complaints raised in the public hearing of this matter.
22. The granting of this variance will not have an effect of altering the interest
and purpose of.the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
23. The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code ~ 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code ~ 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code 99 67 -6509, 6516 and Meridian City Code 99 11-15-5 and 11-17 -5.
4. Application and standards for variances are set forth in Meridian City Code
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / V AR-OO-016
(-
S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-
18-3, include required findings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development
Ordinance would clearly be impracticable and unreasonable, and a finding that strict
compliance with the requirements of the Zoning and Development Ordinance would result
in extraordinary hardship to the owner, subdivider or developer because unusual
topography, the nature or condition of adjacent development, or other physical conditions
or other conditions that make strict compliance with the ordinance unreasonable under
the circumstances, or that the conditions and requirements of said ordinance will result
in inhibiting the achievements or the objectives of the ordinance, and that the granting of
a specified variance will not be detrimental to the public's welfare or injurious to other
property in the area in which the property is situated, and that such variance will not have
the effect of altering the interest and purposes of the Zoning and Development Ordinance
and the Meridian Comprehensive Plan.
5. Meridian City Code, 9 11-13-4 B. 3., DESIGN STANDARDS FOR OFF-
STREET PARI<ING: SCREENING, LANDSCAPING AND DRAINAGE,
SCREENING, and in the I-L zone if granted the re-zone, provides as follows:
11-13-4 B. 3.
a. Whenever a commercial off-street parking area is located in or adjacent to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-OO-016
a residential district, it shall be effectively screened on all sides which adjoin
or face any property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height plus a planting
strip of four feet (4) minimum width or in an alternate arrangement as
approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained on
a continuing basis within the planting strip. Planting screens or hedges shall
not exceed two feet (21) in height where location is such that sight lines are
necessary for vehiclllar movement across pathways.
c. At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousan.d five hundred (1,500) square feet of
pavement area.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1. That the Applicant is hereby granted a variance from the screening
requirements for Lot 5 and part of Lot 6, Block 1, Meridian Business Park in the 1- L zone,
and shall be required to plant ten (10) tree~and shrubbery along the southern boundary
on JIt~
border.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the Screening Requirements in the I..L
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / V AR-OO-016
(
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Zone as provided in the Section 11-13-4 B. 3. and may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the !J4 day of
depf€ht-~
, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~tL-
COUNCILMAN ICEITH BIRD
VOTED$~
VOTED~PL.
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED Mf.eJ-
MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED
DATED: Cf-~-OO
MOTION: rn-
APPROVED:~~ ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public W orlcs
Department, and the City Attorney office.
ByJ~.~~O _
City Clerk -j"-
Dated:
0/-5"-00
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ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / V AR-OO-016
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August 30, 2000
MERIDIAN CITY COUNCIL MEETING August 311 2000
APPLICANT Agreement with I T D ITEM NO. 1
REQUEST Agreement with Idaho Transportation Department for the Five Mile Creek Pathway Proj(
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: Parks Department: copy of Purchase Order
Contacted: Date:
copy of agreement
memo 8-29-00
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
To:
Mayor Robert D. Corrie and City Council
Subject:
State/Local Agreement - Idaho Transportation Dept. Five Mile Creek Pathway
cc:
Tom Kuntz, Parks
ecreation Dept.
From:
Wm. F. Nichols
Date:
August 29, 2000
Mayor Corrie:
I have reviewed and approved the above referenced agreement that I
received today.
Z:\Work\M.\Meridian 153601v1\Public Works\Five Mile Pathway\M.ayorCouncil082900.Mem
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August 31 , 2000
ORDINANCE
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 5,2000
ITEM NO.
2
REQUEST Proposed Ordinance enacting a new Section of Chapter 3, Title 6 relating to the
excretion of human waste providing for the protection of public health
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING,DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
.
See attached Ordinance
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CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
CITY OF MERIDIAN
ORDINANCE NO.
883
BY: ,k!&n /lndel-)~
C/l:f {?o~u.l~
AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW
SECTION OF CHAPTER 3 TITLE 6 OF THE MERIDIAN CITY CODE;
RELATING TO EXCRETION OF HUMAN WASTE; PROVIDING FOR
THE PROTECTION OF PUBLIC HEALTH; PROVIDING FOR
DEFINmONS; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO;
SECTION 1: That Chapter 3 of Title 6 is hereby amended by the
addition thereto of a new Section 9 to read as follows:
6-3-9: EXCRETION OF HUMAN WASTE
A. To promote and protect the public health of the inhabitants of the
City of Meridian City it shall be a misdemeanor for any person to
excrete human waste upon the ground within the corporate city
limits.
B. For purposes of this Ordinance, the following definitions shall
apply:
1. EXCRETION: The discharge of human waste from
the body, including the acts of defecation and urination.
2.
HUMAN WASTE:
Human feces or human urine.
3. GROUND: The surface of the earth and anything
attached to or setting upon said surface except toilet
facilities used as receptacles for human waste.
SECTION 2: All ordinances, resolutions, orders or parts thereof
in conflict herewith are hereby repealed, rescinded and annulled.
ORDINANCE HUMAN WASTE - PAGE 1 OF 2
SECTION 3: VALIDITY:The Meridian City Council hereby
declares that any section, paragraph, sentence or word of this Ordinance is
adopted and amended herein declared for any reason to be invalid it is the
intent of the Meridian City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any
portion as may be declared invalid.
SECTION 4: DATE OF EFFECT: This Ordinance shall be in
full force and effect within one (1) month after its passage, approval and
publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this 5"'1:: day of JeJ)/~n.,~ , 2000.
I
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this S~ day of Jej:J'kh? U-v , 2000.
..
ATTEST:
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ORDINANCE HUMAN WASTE - PAGE 2 OF 2
Certification of the Deputy City Clerk of the City of Meridian
I, Shelby E. Ugarriza, Deputy City Clerk of the City of Meridian, Ada
County, State of Idaho, do hereby certify that the attached copy of
Ordinance No. '23g,~, passed by the City Council of the City
of Meridian on the c;,rt' h day of '6ep0mbev
2:00 0 , is a true, exact, complete and unaltered photocopy
of the original of said document which is in the care, custody and
control of the ~iW~~iot.~e City of Meridian.
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CITY OF MERlDIAN
ORDINANCE NO. f383
BY: ~ t9'h //nde f- .r frI"-'
(l/-l:f C?o~ci-l~
AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW
SECTION OF CHAPTER 3 TITLE 6 OF THE MERIDIAN CITY CODE;
RELATING TO EXCRETION OF HUMAN WASTE; PROVIDING FOR
THE PROTECTION OF PUBLIC HEALTH; PROVIDING FOR
DEFlNITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO;
SECTION 1: That Chapter 3 of Title 6 is hereby amended by the
addition thereto of a new Section 9 to read as follows:
6-3-9: EXCRETION OF HUMAN WASTE
A. To promote and protect the public health of the inhabitants of the
City of'Meridian City it shall be a misdemeanor for any person to
excrete human waste upon the ground within the corporate city
limits .
B. For purposes of this Ordinance, the following definitio~ shall
apply:
1. EXCRETION: The discharge of human waste from
the body, including the acts of defecation and urination.
2.
HUMAN WASTE:
Human feces or human urine.
3. GROUND: The surface of the earth and anything
attached to or setting upon said surface except toilet
facilities used as receptacles for human waste.
SECTION 2: All ordinances, resolutions, orders or parts thereof
in conflict herewith are hereby repealed, rescinded and annulled.
ORDINANCE HUMAN WASTE - PAGE 1 OF 2
J-.
(
SECTION 3: VALIDITY:The Meridian City Council hereby
declares that any section, paragraph, sentence or word of this Ordinance is
adopted and amended herein declared for any reason to be invalid it is the
intent of the Meridian City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any
portion as may be declared invalid.
SECTION 4: DATE OF EFFECT: This Ordinance shall be in
full force and effect within one (1) month after its passage, approval and
publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this 5~!: day of &pf~n.-~ , 2000.
I
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this S-~ day of J"'ej7khri kv , 2000.
ATTEST:
ORDINANCE HUMAN WASTE - PAGE 2 OF 2
r
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\
Certification of the Deputy City Clerk of the City of Meridian
I, Shelby E. Ugarriza, Deputy City Clerk of the City of Meridian, Ada
County, State of Idaho, do hereby certify that the attached copy of
Ordinance No. SS~, passed by the City Council of the City
of Meridian on the 0-r..!:J day of ~pfomloev
2nD 0 , is a true, exact, complete and unaltered photocopy
of the original of said document which is in the care, custody and
control of the ~i~}~~;~~.~~.~ City of Meridian.
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August 31, 2000
ORDINANCE
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 5, 2000
ITEM NO.
3
REQUEST Ordinance.amending Chapter 3, Title 6 of concealed weapons Ordinance
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
See attached Ordinance
f'OoLY
vL<Y
f/ffy4
Date:
Phone:
Materials presented at public meetings shall become property of the ~ity of Meridian.
CITY OF MERIDIAN
f3B4-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 13
OF TITLE 6, MERIDIAN CITY CODE BY ADDITIONS THERETO OF NEW
SECTIONS 6-3-9,6-3-10 AND 6-3-11; TO PROVIDE FOR DEFINITIONS, TO
DECLARE IT UNLAWFUL TO CARRY A CONCEALED WEAPON; TO
PROVIDE THAT IT IS UNLAWFUL TO DISCHARGE A WEAPON; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 3 of Title 6, Meridian City Code, be, and the same is
hereby amended by the addition thereto of new sections 6-3-9,6-3-10, and 6-3-11 to
read as follows:
SECTION
6-3-1 :
6-3-2:
6-3-3:
6-3-4:
6-3-5:
6-3-6:
6-3-7:
6-3-8:
6-3-9:
6-3-10:
6-3-11 :
6-3-9:
6-3-10:
State Law Adopted
Disorderly Conduct
Disorderly Houses
Malicious Injury to Property
Trespassing
Noises Creating Public Disturbance
False Reports
Burglar Alarm Systems; Defined
Definitions
Concealed Weapons
Discharge of Firearms Prohibited
DEFINITIONS: Wherever the term "firearms" is used in
this Chapter, the term "firearms" shall mean any instrument
used in the propulsion of shot, shell, or bullets by the action of
gunpowder exploded within it, or by the action of compressed
air within it, or by the power of springs, and including what are
commonly known as air rifles or B-B guns.
CONCEALED WEAPONS: It shall be unlawful for any
person to carry concealed weapons upon his person, any brass
knuckles, revolver, pistol, dagger, stiletto or other deadly
weapon, unless the person has a valid concealed weapon permit
issued according to I.C. 9 18-3202.
ORDINANCE AMENDING CHAPTER 3 TITLE 6 - PAGE 1 OF 2
PROVIDING FOR NEW SECTIONS 6-3-9,6-3-10, AND 6-3-11
(
6-3-11:
DISCHARGE OF FIREARMS PROHIBITED: Except
at a shooting range authorized in accordance with the
applicable zoning ordinance, it shall be unlawful for any person
to discharge firearms of any kind or description within the
limits of the City; provided, however, that this shall not apply
to police officers in the discharge of their duties, nor to persons
acting in self defense against unlawful deadly physical force..
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this Ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this S't!::. day of JL/Jfe~I;-e'Lr, 2000.
,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
,':)76- day of sej)te~~, 20 .
,
ATTEST:
ORDINANCE AMENDING CHAPTER 3 TITLE 6 - PAGE 2 OF 2
PROVIDING FOR NEW SECTIONS 6-3-9,6-3-10, AND 6-3-11
Certification of the Deputy City Clerk of the City of Meridian
I, Shelby E. Ugarriza, Deputy City Clerk of the City of Meridian, Ada
County, State of Idaho, do hereby certify that the attached copy of
Ordinance No. $84- , passed by the City Council of the City
of Meridian on the S+b- day of Scp-l-vm0cv
'/-oeD , is a true, exact, complete and unaltered photocopy
of the original of said document which is in the care, custody and
control of t~Ea. · tCJ6lrk of the City of Meridian.
~v.~ of "I~'
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Certification of the Deputy City Clerk of the City of Meridian
I, Shelby E. Ugarriza, Deputy City Clerk of the City of Meridian, Ada
County, State of Idaho, do hereby certify that the attached copy of
Ordinance No. S84- ,passed by the City Council of the City
of Meridian on the cJ+tL day of Scptc:mbc v
?ow , is a true, exact, complete and unaltered photocopy
of the original of said document which is in the care, custody and
control of t~~t .. {G;~rk of the City of Meridian.
xV of II~'
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t/~~~~ . \'
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August 31,2000
ORDINANCE
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 5, 2000
ITEM NO.
4
REQUEST Ordinance amending Chapter 1 of Title 6 providing for a division within the Police
Department to be designated as the Code Enforcement Division
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached Ordinance
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Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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CITY OF MERIDIAN
~ ac:-
ORDINANCE NO. '--'" OJ
BY COUNCIL ME:MBER: MInMJ 4tu.ee/rd..
AN ORDINANCE OF THE CITY OF l\rnRIDIAN AMENDING
CHAPTER 1 OF TITLE 6 l\rnRIDIAN CITY CODE BY THE
ADDmON THERETO OF A NEW SECTION 6 PROVIDING FOR A
DMSION W l'l'H1N THE POLICE DEP AR.TMENT TO BE
DESIGNATED AS THE CODE ENFORCEl\rnNT DIVISION;
PROVIDING FOR ITS DUTIES AND RESPONSIDlLITIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF l\rnRIDIAN, ADA COUNTY, IDAHO;
SECTION 1: That Meridian City Code Chapter 1 of Title 6, be,
and the same is hereby amended by the addition thereto of a new Section 6 to
read as follows:
6-1-6:
CODE ENFORCEl\rnNT DIVISION:
A. Division Created: There is hereby created as a
division of the Police Department the Code
Enforcement Division, which together with the
personnel assigned to this division, shall be under
the supervision and direction of the Chief of Police
and commencing with fiscal year 2000 - 2001
budget of the Police Department.
B. Functions, Powers and Duties: The enforcement of
all Meridian City Code regulations and all Council
actions, orders and decisions involving the issuance
of licenses and/or permits, and including the service
of notices of enforcement actions which
responsibilities are not specifically provided for to
other City officers and/ or officials by other
provisions of this Code.
SECTION 2: All ordinances, resolutions, orders or parts thereof
in conflict herewith are hereby repealed, rescinded and annulled.
(
SECTION 3: VALIDITY: The Meridian City Council hereby
declares that any section, paragraph, sentence or word of this Ordinance as
adopted and amended herein be declared for any reason to be invalid it is the
intent of the Meridian City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any
portion as may be declared invalid.
SECTION 4: DATE OF EFFECT: This Ordinance shall be in
full force and effect within one (1) month after its passage, approval and
publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this S--/t:- day of So/1k~~ , 2000.
APPROVED
IDAHO, this
BY THE MAYOR OF THE CITY OF MERIDIAN,
~I:!:: day of ~-olep?t-~v , 2000.
ATTEST:
(
CITY OF MERIDIAN
ORDINANCE NO. 886
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 6, CHAPTER 3
OF TITLE 6, MERIDIAN CITY CODE BY PROVIDING FOR A CHANGE IN THE
DISTANCE STATED THEREIN FROM 100 FEET TO 50 FEET, AND PROVIDING FOR
ADDITIONAL LANGUAGE TO NOISES CREATING PUBLIC DISTURBANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 6 of Chapter 3 of Title 6, Meridian City Code, be,
and the same is hereby amended to read as follows:
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
A. Prohibited Acts: It is unlawful for any person to cause, or for any person in
possession of property to allow to originate from the property, sound that is a
public disturbance noise. The following sounds are determined to be public
disturbance noises:
1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any
horn or siren attached to a motor vehicle, except as a warning of danger
or as specifically permitted or required by law.
2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or
continuous sounds in connection with the starting, operation, repair,
rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle
or internal combustion engine within a residential district, so as to
unreasonably disturb or interfere with the peace, comfort and repose of
owners or possessors of real property;
3. Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or
near the public streets which unreasonably disturb or interfere with the
peace, comfort and repose of owners or possessors of real property;
4. Noise From Buildings: The creation of frequent, repetitive or continuous
sounds which emanate from any building, structure, apartment, or
condominium, which unreasonably interfere with the peace, comfort, and
repose of owners or possessors of real property, such as sounds from
audio equipment, musical instruments, band sessions or social
gatherings;
/
(
5. Motor Vehicle Sound Systems: Sound from motor vehicle sound
systems, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than fifty feet (50') from
the vehicle itself;
6. Audio Equipment: Sound from audio equipment, such as tape players,
radios, or compact disc players, operated at a volume so as to be audible
greater than fifty feet (501) from the source, and if not operated upon the
property of the operator.
B. Exceptions: The foregoing provisions shall not apply to regularly scheduled
events at parks, such as public address systems for baseball games or park
concerts.
c. Public Disturbance Noise Time Period: Public disturbance noises shall not be
permitted within the City between the hours of eleven o'clock (11 :00) P.M. and
six o'clock (6:00) A.M. or at any time so as to unreasonably disturb or interfere
with the peace, comfort or enjoyment of others. (Amd. Ord. 649,8-20-1996)
D. Violation, Penalties: Any person violating the provisions of this Section shall be
subject to penalty as provided in Section 1-4-1 of this Code. (Amd. Ord. 649, 8-
20-1996; 1999 Code)
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this Ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action
or proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and
effect after its passage, approval and publication, according to law.
(~
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
5-r~ day of Sepl-~ ~ , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this [;1!::-
day of SetT...e~~ ,2000.
ATTEST:
d!~~~~
City Clerk V'
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FEE~E
2DDOgi5~N~gJ ~O. tJfj 7 I 0 0 086 097
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING
ORDINANCE NO. 841 THE APPROPRIATION ORDINANCE FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 200Ga
APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY
THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $350,000 AND
PROVIDING AN EFFECTNE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Ordinance NOa 841, the appropriation ordinance for
the City of Meridian, Idaho, for the fiscal year commencing October 1, 1999 and
ending September 30,2000 be and the same is hereby amended as follows:
That the additional sum of $350,000 be appropriated out of the revenues from
Fund Balance and Others Sources and Fees, to be used for authorized
activities.
Dept. FYOO Budget Amendment
Parks 550,000
Police 2,891,000 157,260
Fire 2,200,000
Gen/Bldg 3,563,500 192,740
Capital 2~OOO~000
Totals 11.204.500 350.000
FYOO Amended
Budget
550,000
3,048,260
2,200,000
3,756,240
2~OOO~000
11.554.500
350.000
FYOO Amended
Budget
4,085,000
5,469,500
2~OOO~OOO
11 ~554~500
Revenues
Property Tax Levy
Other Sources
Fund Balance
Totals
FYOO Budget
4,085,000
5,119,500
2~OOO~OOO
11 ~204~500
Amendment
350,000
SECTION 2: This ordinance shall be in full force and effect from and
after its passage, approval and publication.
PASSED by the City Council and APPROVED by the Mayor of the City of
Meridian, Idaho, this S-d:: day of September, 2000.
APPRO D:
ATTEST:
z:\ W ork\M\Meridian 153 60M\Administration \AmendedAppOrd.wpd
_.1
NOTJCE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for
consideration of an amendment to the 99/00 fiscal year budget by appropriating additional monies
received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue,
Meridian, Idaho, at 6:30 PM on the 29th day of August, 2000.
General Fund:
PROPOSED ADDITIONAL EXPENDITURES
General/Admin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Services (Building & P&Z) . . . . . . . . . . . . . . . . .
Capital Improvement. . . . . . . . . . . . . . . . . . . . . . . . . . .
T 0 TAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ (157,260.00)
$ 157,260.00
$ 105,000.00
$ 245,000.00
$ 350,000.00
General Fund:
PROPOSED ADDITIONAL REVENUES / FUNDING SOURCES
Other Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
T 0 TAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
350,000.00
$
350,000.00
Expenditure of the monies will be in accordance with the provisions authorized by the amendment of
the budget. Publication dates of the notice of the public hearing are August 18th and August 25th,
2000 in The Idaho Statesman.
Dated this 15th day of August, 2000.
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08/15/2000
FYOO Budget Summary
August 31 , 2000
ORDINANCE
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 5, 2000
ITEM NO.
7
REQUEST Ordinance annual appropriation for the 2000 / 2001 Fiscal Year
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
fA0ttJ
tf lV ~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
\
2000-2001 FISCAL YEAR ANNUAL APPROPRIATION
ORDINANCE NO. ~B
BY COUNCILMAN /2 r.TYt /bl"LderS ~
AN ORDINANCE, PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS;
PROVIDING FOR THE ADOPTION OF A BUDGET AND THE
APPROPRIATION OF EXPENDITURE OF SUMS OF MONEY TO DEFRAY THE
NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN
ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN
AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000 AND ENDING ON SEPTEMBER 30, 2001; AND
PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED
COpy OF THIS ORDINANCE WITH THE SECRETARY OF STATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, ADA COUNTY, STATE OF IDAHO:
Section I. TITLE: This Ordinance shall be entitled and cited as the "2000-200 I
Fiscal Year Annual Appropriation Ordinance of the City of Meridian."
Section 2. FINDINGS: The City Council finds:
A. That it has duly Noticed and held a Public Heari11g on the 29th
day of August, 2000 for a Proposed Budget for Fiscal Year 2000-2001
(FY2000) City of Meridian, Idaho; and
B. That the total revenue anticipated to be available to the City of
Meridian during Fiscal Year 2000-2001 is correctly stated in the Adopted
Budget which is herein set forth in Section No.3; and
C. That the appropriations and sums of money as are hereinafter
set forth in Section No.3 are deelned necessary to defray all the necessary
expenses and liabilities of the City of Meridian for Fiscal Year 2000-2001.
Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF
EXPENDITURE: The City Council does hereby adopt as and for the
budget and the appropriation of expenditure for the City of Meridian for
Fiscal Year commencing October 1,2000 and ending on September 30,
200 I the following:
ORDINANCE - 1
ORDINANCE - 2
(
General Fund
Property Tax -Levy
Other Sources
Other Funding Source
Fund Balance
General Fund Total
Enterprise Fund
Water & Waste Water
Sources
Fund Balance
Enterprise Fund Total
GRAND TOTAL
General Fund
ParIes Dept.
Police Dept.
Fire Dept.
Administration
Special Services
Subtotal of Operations
Rebudget/Canyforward App.
General Fund Operations Total
Anticipated Revenues
$4,636,326
$5,371,605
$3,500,000
$2~346,418
$15,854,349
$10,837,200
$ 5,983i249
..
$16,820,449
$32,674,798
Appropriated Expenditures
$571,401
$3,317,157
$1,536,228
$1,589,669
$1,242,263
$8,256,718
$ 394
$8,257,112
Capital Improvement Fund $7,248,737
Rebudget/Canyforward Apr. $ 348,500
Capital Improvement Fund Total
General Fund Totals
$7,597~237
$15,854,349
Enterprise Fund
Water & Waste Water $6,451,141
Capital Improvement Fund$4,884,500
RebudgetlCarryforward App. $5,484,808
Enterprise Fund Totals $16~820,449
GRAND TOTAL $32,674,798
Section 4. The City Clerk is directed to forthwith publish this Ordinance and file a
certified copy of the same with the ~ffice of the Secretary of State of the
State of Idaho as provided in I. C. S 50-1003 and the same shall be in full
force and effect from and after its passage, approval and publication,
according to law.
PASSED By the City Council of the City of Meridian, Idaho, this 5~ day of
S;gfeN.~ , 2000.
I
APPROVED By the Mayor of the City of Meridian, Idaho, this 5-r~ day of
5e/J-k/Mb.ef- , 2000.
I
ATTEST:
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ORDINANCE -3
Notice of Pu' :-Iearing
Proposed Budget for Fiscal iT ear 2000-2001 (FY2001)
City of Meridian, Idaho
A public hearing, pursuant to Idaho Code 50-1002, will be held for consideration of Ihe proposed budget
for the fiscal year from October 1, 2000 to September 30, 2001. The hearing will be held at Meridian City
Hall, 33 East Idaho Avenue, Meridian, Idaho at 6:30 PM on Tuesday, August 29, 2000. All interested
persons are invited to appear and show cause, if any, why such budget should or should not be adopted.
Copies of the proposed City budget in detail are available at the City Hall during regular office hours (8:00
AM to 5:00 PM, weekdays). City Hall is accessible to persons with disabilities. Anyone desiring
accommodation for disabilities related to the budget documents or to the hearing, please contact the City
Clerk Office, 888-4433 at least 48 hours prior to the public hearing. The proposed FY2001 budget is
shown below as FY 00101 proposed expenditures and revenues.
FUND NAME
FY 98/99
Actual
FY 99/00
Budget
FY 00/01
Proposed
Expenditures Expenditures Expenditures
GENERAL FUND
Administrative Office 1,066,213 2,215,185 1,589,669
Fire Department 907,512 1,272,450 1,536,228
Police Department 2,815,923 2,891,000 3,317,157
Parks & Recreation 444,434 547,500 571,401
Special Services 900 185 1,213,880 1,242,263
Subtotal of Operations 6,134,267 8,140,015 8.256,718
RebudQeUC arryforward Appropria lion 394
GENERAL FUND OPERATIONS TOTAL 6,134)267 8,140,015 8,257,112
CAPITAL IMPROVEMENT FUND 1,486,488 3,064,485 7,248,737
RebudqeUCarrvtorward Ap propria lion 348,500
CAPITAL IMPROVEMENT FUND TOTAL 1,486,488 3,064,485 7,597,237
GENERAL FUND TOTALS 7,620,755 11,204,500 15,854.349
ENTERPRISE FUND
Water & Wastewater 4,698,998 5,381,375 6,451,141
Capita.llmprovement Fund 5,246,024 9,587,625 4,884,500
Rebud geUCarryforward Appropria tion 5,484,808
ENTERPRISE FUND TOTALS 9,945,022 14,969,000 16,820,449
GRAND TOT AL 17,565,777 26,173,500 32,674,798
GENERAL FUND
Property Tax Revenue 3,642,678 4,085,000 4,636,326
Other Sources 4,974,201 5,119,500 5,371,605
Other Funding Source 3,500,000
Fund Balance (996,124 ) 2,000,000 2,346,418
GENERAL FUND TOTAL 7,620,755 11,204,500 15,854,349
Actual
Revenues
Budget
Revenues
Proposed
Revenues
ENTERPRISE FUND
Water & Waste~ater Sources 9,678,113 10/677,825 10,837,200
Fund Balance 266,909 4,291,175 5,983,249
ENTERPRtSE FUND TOTAL 9,945,022 14,969,000 16,820,449
GRAND TOTAL 17,565,777 26,173,500 32)674,798
The proposed expenditures and revenues for fiscal year 2001-2001 have been tentatively approved by
the City Council and entered in detail in the Journal of Proceedings. Publication dates of the notice of the
public hearing are August 18th and August 251~, ~nH~ in The Idaho Statesman.
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CITY of MERIDIAN
FY2001 Proposed Budget
FY2001 FY2001 Use of
Personnel Operating Proposed Proposed Fund
Department Expenses Expenses Expenditures Revenues Balance
GENERAL FUND
City Council 46,730 50,000 96,730
Administrative Office 1 B7 ,SOD 75,000 262,500 18.444
Other Government - 650,000 650,000
Mayor's Office 63,252 20,000 83,252
Finance Department 275,246 85,000 360,246 2,129,036
Human Resources 96,941 40,000 136,941
"Fire Department 1,296,22B 240,000 1,536,228 647,000
Police Department 2,987,157 330,000 3,317,157 518,575
Parks & Recreation 391 A01 180,000 571,401 174,550
Planning & Zoning 305,686 310,000 615,686 93,000
Bldg Department 76,577 550,000 626,577 1,391,000
Subtotal - FY2001 5,726,718 2,530,000 8,256,718 4,971,605
Property Tax Revenue 4,636,326
RebudgeUCarryforward Appropriation 394 394
GENERAL FUND OPERATIONS TOTAL 8,257,112 9,607,9~1 394
Capital Fund
City Council
Administrative Office 15,000
Other Government
Mayor's Office
Finance Department 7,500
Human Resources 3,500
Fire Department 1.,050,000
Police Department 3,832,500 3,500,000
Parks & Recreation 2,098,500 400,000 885,736
Planning & Zoning 20,000
Bldg Department 221,737
Subtotal - Current Costs/Revenues 7,248,737 3,900,000 885,736
RebudgeUCarryforward Appropriation 348,500 348,500
CAPITAL FUND TOTAL 7,597,237 3,900,000 1,234,236
USE of FUND BALANCE
Capital Improvement Fund 1 ,111 ,788 1,111,788
Park Impact Fees Fund 885,736
Fund Balance for Carryfarwards 348,894
Fund Balance for FY2001
GENERAL FUND TOTALS 15,854,349 13,507,931 2,346,418
ENTERPRISE FUND
Public Works 640,388 100,700 741J088
Public Works - Capital 21 JDOD
MUBS 183,883 165,800 349,683
MUSS - Capital 10,000
Water Dept 615,425 1,684,860 2J300,285 5,099,300
Water Dept - Capital 2,150,000
WWTP 1,042,615 2,017.470 3,060,085 5,737,900
WWTP - Capital 2,703,500
Subtotal Current Costs/Revenues 11,335,641 10,837,200 49BA41
RebudgeVCarryforward for Water Dept 951,767 951,767
RebudgeVCarryforward for WWTP 4,533,041 4,533,041
ENTERPRISE FUND TOTALS 16,820,449 10,837,200 5J983,249
General & Enterprise 32,674,798 24,345,131 8,329J667
08/25/2000
created by City of Meridian Accounting Dept
Page 1 of 1
tax change
(
CITY of MERIDIAN
FY2001 Proposed Budget
FY2001 FY2001 Use of
Personnel Operating Proposed Proposed Fund
Department Expenses Expenses Expenditures Revenues Balance
GENERAL FUND
City Council 46,730 50,000 96,730 -
Administrative Office 187,500 75,000 262,500 18,444
Other Government - 650,000 650,000
Mayor's Office 63,252 20,000 83,252
Finance Department 275,246 85,000 360,246 2,129,036
Human Resources 96,941 40,000 136,941
Fire Department 1,296,228 240,000 1 ,536,228 647,000
Police Department 2,987,157 330,000 3,317,157 518,575
Parks & Recreation 391,401 180,000 571,401 174,550
Planning & Zoning 305,686 310,000 615,686 93,000
Bldg Department 76,577 550,000 626,577 1,391 ,000
Subtotal.. FY2001 5,726,718 2,530,000 8,256,718 4,971,605
Property Tax Revenue 4,636,326
Rebudget/Carryforward Appropriation 394 394
GENERAL FUND OPERATIONS TOTAL 8,257,112 9,607,931 394
Capital Fund
City Council
Administrative Office 15,000
Other Government
Mayor's Office
Finance Department 7 t 500
Human Resources 3,500
Fire Department 1 ,0.50,000
Police Department 3,832,500 3,500,000
Parks & Recreation 2,098,500 400,000 885,736
Planning & Zoning 20,000
Bldg Department 221,737
Subtotal.. Current Costs/Revenues 7,248,737 3,900,000 885,736
RebudgetJCarryforward Appropriation 348,500 348,500
CAPITAL FUND TOTAL 7,597,237 3,900,000 1 ,234,236
USE of FUND BALANCE
Capital Improvement Fund 1 t 111 ,788 1 , 111 ,788
Park Impact Fees Fund 885,736
Fund Balance for Carryforwards 348,894
Fund Balance for FY2001
GENERAL FUND TOTALS 15,854,349 13,507,931 2,346,418
Expenditures less Revenues & Use of Fund Balances -
08/25/2000
Page 1 of 2
tax change
',/
I
{
CITY of MERIDIA-N
FY2001 Proposed Budget
FY2001 FY2001 Use of
Personnel Operating Proposed Proposed Fund
Department Expenses Expenses Expenditures Revenues Balance
ENTERPRISE FUND
Public Works 640,388 100,700 741,088
Public Works - Capital 21,000
MUSS 183,883 165,800 349,683
MUSS - Capital 10,000
Water Dept 615,425 1,684,860 2,300,285 5,099,300
Water Dept - Capital 2,150,000
WWTP 1,042,615 2,017,470 3,060,085 5,737,900
WWTP - Capital 2,703,500
Subtotal Current Costs/Revenues 11,335,641 10,837,200 498,441
Rebudget/Carryforward for Water Dept 951,767 951,767
Rebudget/Carryforward for WWTP 4,533,041 4,533,041
ENTERPRISE FUND TOTALS 16,820,449 10,837,200 5,983,249
General & Enterprise 32,674,798 24,345,131 8,329,667
08/25/2000
Page 2 of 2
tax change
(
interoffice
MEMORANDUM
RECEIVED
OCT 0 3 2000
CITY OF MERIDIAN
CITY CLERK OFFICE
To:
William G. Berg, Jr.
From:
Marlene St. Georg
Subject:
Clean Ordinance No. 889 (Recyclable Materials)
Date:
October 3, 2000
Will:
Pursuant to your notation on September 22,2000, requesting a clean
original of the Recyclable Materials Ordinance No. 889, please find such clean
original attached hereto.
If you need anything further, please advise.
MsglZ:\W ork\M\Meridian 15360M\SW AAOBerg100300.Mem
ORDINANCE NO. 889
Revised 08/25/00
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SECTION 101 OF CHAPTER 1 OF TITLE 4 OF THE MERIDIAN CITY CODE
TO PROVIDE FOR THE ADDITION OF A NEW DEFINITION TO BE
I<NOWN AS HRECYCLABLE MATERIALS" AND TO RE-NUMBER THE
REMAINING DEFINITIONS THEREAFTER AND TO PROVIDE FOR THE
ADDITION OF A NEW SUBSECTION C OF SECTION 103 TO PROVIDE
FOR THE SEPARATION AND RECYCLING OF MATERIALS FOR
COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1: That section 101 of Chapter 1 of Title 4 of the Meridian City Code
be, and the same is hereby amended to read as follows:
4-101: DEFINITIONS:
(A) Ada County Highway District (ACHD) shall mean the Ada County Highway
District, a county wide highway district of Ada County, Idaho, duly formed
and existing under Chapter 14 of Title 40, Idaho Code.
(B) Bulky Waste shall mean waste materials intended for landfill disposal, except
for major appliances; with sizes, weights or volumes greater than those allowed
for trash containers, such as water tanles and furniture. Bulky waste does not
include construction debris, dead animals, hazardous materials, or animal
stable matter.
(C) City shall mean the City of Meridian, Idaho.
(D) Commercial premises shall mean business, industrial, and institutional prelnises
and activities, as distinct from residential or multi-family premises.
Page 1 of 5
(-
(E) Customer shall mean an occupant or owner of any premises, including
household, apartment, business, institution or other establishment in the City
for which solid waste service is, or has been, provided.
(F) Franchisee shall mean any person authorized by the City of Meridian, or
employed by the City of Meridian to collect, handle, transport and dispose of
solid waste and/or recyclable materials and who has executed a Franchise
Agreement with the City of Meridian.
(G) Hazardous Materials or Wastes shall mean any chemical, compound, mixture,
substance or article which is designated by the United States Environmental
Protection Agency or appropriate agency of the state to be a "hazardous waste"
or "hazardous substance" as those terms are defined by federal or state law.
(H) Inspector shall mean the authorized employee or employees of the City of
Meridian or some individual designated by the City Council as having the
duty of enforcement of this Chapter.
(I) Multi-Family Premises shall mean multi-family structures with two (2) or more
dwelling units, condominium complexes of all sizes, mobile home parIes or
manufactured housing communities, clusters of detached homes and duplexes
where owners choose centralized solid waste collection in containers provided
by the Franchisee rather than individual solid waste can service. Multi-Family
does not include dwelling hotels, motels, hospitals, nursing homes, or other
congregate housing, care, or institutional facilities.
(J) Occupant shall mean the person in possession, charge or in control of any unit
in a mu1ti-family premises, residential premises, commercial premises or other
premises where solid waste is created or accumulated. (Ord. 375, 7 -7 -80)
(IC) Overloading shall mean exceeding the container weight capacity or allowance,
allowing objects to protrude outside of the container, or stacking objects
against the container.
(L) Owner shall mean the person owning the real property where solid waste is
created or accumulated.
(M) Person shall mean any person, firm, partnership, association, institution,
limited liability company, corporation, trust and/or any other legal entity
Page 2 of 5
whether for profit or nonprofit, public or private, and in the plural as well as
singular. (Ord. 95, 6-2-58)
(N) Prohibited waste includes any wastes that have any of the follo"Wing general
characteristics:
a. extreme temperature;
b. harmful vapors;
c. the presence of corrosive, flammable, explosive or toxic chemicals;
d. any materials "With physical or other properties which render
collection operations hazardous; or
e. any materials which create a risk to the environment or public
health and safety.
In addition to wastes "With the general characteristics described above,
prohibited wastes include:
a . Liquid wastes, both bulk and contained;
b. Tires;
c. Any material regulated by the State of Idaho or the United States
Environlnental Protection Agency (40 CFR 260 B 268) as
hazardous waste;
d. Any equipment or machines containing refrigerants;
e. Infectious wastes generated from business sources such as
hospitals, clinics, medical, surgical, dental, nursing homes,
veterinarian offices, and laboratories. Generators of infectious
waste are required to sterilize, package, or otherwise process the
infectious waste so that it may be collected "Without hazard to
collection personnel and the general public; and
f. ~ Dead animal remains in an amount exceeding twenty-five (25)
pounds, excluding animal carcasses if broken down and placed
into plastic solid waste bags and into a lidded, air and water-tight
container.
(0) Putrescible Waste shall mean wastes that can decay and stinlc or become putrid.
(P) Residential Premises shall mean a separate dwelling or residential unit in the city
occupied by a person or group of persons which may be in a single family
residence, mobile home, manufactured home, condominiulTI, duplex or
multiplex where solid waste is placed and collected in solid waste containers
Page 3 of 5
and/or recyclable materials are placed and collected in recycling containers
located at the curb or alley. Each separate dwelling unit shall be considered a
separate residence for solid waste service and billing purposes.
(Q) Recyclable Materials shall mean products, including paper, cardboard, metal, or
any other substance capable of being re-processed into consumer materials,
which have served the purpose for which they were originally manufactured or
produced and have passed through their end usage as consumer items, and
which have been discarded or placed for collection by their owner.
(R) Solid Waste shall mean all materials discarded for disposal, putrescible and
non-putrescible solid and semi-solid waste material including solid waste,
rubbish, demolition and construction wastes, industrial wastes, vegetable solid
and semi-solid wastes, dead animal remains in amounts not to exceed
twenty-five (25) pounds, reusable or recyclable material, bulky goods, and
other discarded solid and semi-solid wastes.
(5) Vector shall mean an organism that can transmit disease.
SECTION 2: 'That section 103 of Chapter 1 of Title 4 of the Meridian City Code
be, and the same is hereby amended to read as follows:
4-103: COMPULSORY USE REQUIRED:
(A) In order to maintain the public health, safety, and aesthetics of the city, all
owners and/or occupants are required to pay for, and are provided, solid waste
collection services.
(B) Provided, further, that in areas in the City where the collection of solid waste
on the schedules hereinafter set forth would be impracticable, the City Council
may issue a special permit altering the time and extent of collection.
(C) Beginning October 2, 2000, each residential customer shall be supplied with a
bin for collection of recyclable materials. Each week on the regularly
scheduled solid waste collection day, the customer shall sort the recyclables in
the bin and place the bin at curbside, and the franchise holder will collect the
recyclable materials placed in the bins. The fee for such recycling shall be set
by resolution of the City Council and shall be included in each customer's
monthly solid waste collection billing as an additional fee.
Page 4 of 5
SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this Ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 5 : SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 6: DATE OF EFFECT. This ordinance shall take effect
within one month after its passage and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~ day of &pI-PA'Yl~ ,2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
S~ day of .5ep1cm~ 2000.
ATTEST:
SEI'i.L
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Page 5 of 5
(
August 31 , 2000
MERIDIAN CITY COUNCIL MEETING
APPLICANT
September 5, 2000
ITEM NO.
28
REQUEST Registration fees for new fall recreation classess offered through Meridian Parks and
Recreation
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
PARKS AND RECREATION DEPT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
VV
LL~f
See attached
Contacted:
Date:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
(
(
Meridian Parks & Recreation
11 West Bower
Meridian, 10 83642
208-888-3579
208-898-550 1 - Fax
RECEIVED
AU6 2 3 2000
CITY OF MERIDIAN
FAX COV5R SH-5E3T
Date:
Og/~2/oo
To: waL "Berg
Company: c~tt1 of MerL~ ~Cl II\.
Telephone: gg~-4433
Fax: ggT-4~
From:
ClAtYL V\..-a TVl D V\Il..C( 5
RtcyeCltLoY\. superLV\JteVvvte~t
1- # of pc.ges (LVltcL1A.c(L~g covey)
Go V\A.. V\A.e V\..ts :
Here are the new classes and fee increases for our recreation programs for Fall 2000:
Men's Basketball League
Christmas Rubber Stamping Class
Parent/Child Tumbling Class
3-4yrs Tumbling Class
12 & older Tumbling Class
Beginning Boys Gymnastics
Beginning Girls Gymnastics
Cheerleading
AUG 22 '00 16:28
$250.00
$14.00
$40.00
$40.00
$40.00
$44.00
$44.00
$40.00
12088985501.
PAf.;i=_Vl1
(
August 31 , 2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT COMP ASS Destination 2020 Plan ITEM NO. 37
REQUEST
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
Iq/OV
q/l
~
~~
~ro
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 · Fax 888-6854
MEMORANDUM:
August 28, 2000
To:
Mayor & City Council
Brad Hawkins-Clark, Planner "'B\'L.
From:
Re:
Recommendations to CaMP ASS to Adopt Destination 2020 Plan
In response to City Council's motion at the 7-18-00 meeting regarding Meridian's
adoption of the Destination 2020 Plan, below is a consolidated list of recommendations
from my 6-30 and 7-17 memos for your review. The only new recommendations that
were not included in my previous memos are: a) Locust Grove, OverlandlFranklin
widening to 5-lanes (currently listed in ACHD's Five Year Program as PD) and, b)
Overland, Meridian/Eagle widening to 5-lanes (listed in ACHD's Five Year Program as
Locust Grove to Eagle, but the City requested Meridian Road be the western origin, not
Locust Grove). If you approve this final list of recommendations, they will be sent to
COMPASS to include as conditions of Meridian's adoption of the Destination 2020 Plan.
Council's 7-18-00 motion also requested that I compare the Transportation Committee's
recommended project list with the Destination 2020 list to ensure all road improvements
are covered in the Plan. I did compare the lists and found no discrepancies or omissions.
City of Meridian Recommendations to Amend Draft Destination 2020 Plan
1. The Figure 4-12 map (page 1 7) showing 2020 Functional Classification Changes for
Meridian's Planning Area needs to be amended to reflect projects 4, 7, 17, 33 and 34
from Table 4-2. These five projects are not graphically depicted on the map.
2. Meridian Rd./E. 1 st Street One Way Couplet: This project was listed by the Mayor's
Ad Hoc Transportation Committee as a Tier 2 priority project. However, the
Committee's recommendation stated they believed Tier 1 projects, by themselves,
would solve the congestion issues without the E. 1 Sf/Meridian Road couplet being
required in the foreseeable future. The Committee wrote, "The task group specifically
recommends that Tier 1 projects be implemented as soon as possible, recognizing that
the E. 1 st and Meridian Road couplet may still be required if the Tier 1 projects do not
solve the issues." In this light, the City of Meridian recommends Project #29 on Table
5-2 be moved out to 2020, not 2015. The City does not want it dropped off the Plan
but we want to see if other planned improvements will adequately ameliorate the
Mayor & City Council (
Page 2 of2
Destination 2020 Final Recommendations
downtown congestion problem. Please add/clarify the language in Destination 2020
to reflect this direction of the Ad Hoc Committee.
3. Projects #30 and #31 on Table 5-2 are the Overland Road widening projects. A
correction needs to be made to reflect the current ACHD Five Year Work Program
which shows these as 5 lanes, not 3 lanes. Also, expansion of Overland to 3 lanes
from Stoddard Road to Kuna-Meridian Road/SH69 should be added as a new project,
per the Five Year Work Program.
4. Figure 5-5 (pg. 10, Chapter 5) is missing Project #12 from Table 5-2, the Franklin
Road expansion from Five Mile to Meridian Road. This should be added to the Figure
5-5 map.
5. The City recommends that Waltman Lane, between Meridian Street and The Landing
Subdivision, be upgraded from a Local Road to Collector street classification.
6. The City recommends the following Collectors, already approved by ACHD, be
added to the 2020 Functional Classification Map:
a. Stoddard Road, blw Overland and Victory (reference Bear Creek Subdivision
approval). ACHD also recommended three new Residential Collectors be
designated within the Bear Creek plat (Kodiak, Big Bear and Grizzly).
b. Millenium Way, Slo Overland, to serve the business park and future high
school (reference Resolution Business Park approval)
c. Woodbridge Drive (reference Woodbridge Subdivision approval).
7. Locust Grove Extension/Overpass: This project (#22 in Table 5-2, pg. 4, of the 2020
Plan) is currently listed as a "New" project at an estimated $2.5 million. In light of
ongoing discussions with ACHD about shifting construction funds priorities around,
the Council recommends placing a higher priority on this project within the 2020
Plan.
8. Locust Grove Road widening to 5 lanes, between Overland and Franklin (except the
overpass), is currently programmed in ACHD's Five Year Program as a "PD" project.
The City recommends this project be included in Table 5-2 in the 2020 Plan.
9. Population Forecast Discrepancy: Intermountain Demographics (Dale Rosebrock),
the City's demographic consultant for the Comprehensive Plan update, has projected
a 2020 population for the City limits of 79,200. COMPASS in their 2020 Plan has
estimated a 2020 population of 59,733. The City recommends we leave both the 2020
Plan and Comprehensive Plan projections as they are and amend them accordingly
once final Census 2000 data is available in 2002.
(
August 31, 2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Department Report - Gary Smith ITEM NO.
REQUEST Bid Results for the Ustick Reservoir Landscape Contract
38-A-l
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
till
r or tJl
rlt
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor Corrie & City Council Members
From: Gary D. Smith, PE JJ4--
CC: file / '<J ~
Date: 09/01/00
Re: Ustick Reservoir Landscape Bid
;..REq~JiMED
-
SEP 0 1 2000
CITY OF MEJ<IiJIAN
CITY CLERK OFFICE
Bids for this project were received and opened at 3:00 P.M. on August 25, 2000. The
bidder names and amounts bid are as follows:
A to Z Sprinklers, Inc.
Hillside Nursery
Park Town Construction
$73,625.00
$82,471.00
$123,957.00
The low and second low bidder did not list their electrical subcontractor as required
by the bid documents. The last sentence of the paragraph of instructions on Page 15
of the Bid Documents, "List of Subcontractors" states "Failure to comply with these
requirements will render the Bid non-responsive and will cause its rejection."
Naming of the "electrical" subcontractor was specifically requested in Item 1 of this
requested sub-contractor list.
The amount bid by the third bidder far exceeds the landscape architects estimated
cost of this project, which is $94, 11 O.
The fifth paragraph of the Invitation to Bid for this project states "The City of
Meridian reserves the right to waive any infonnalities or to reject any or all
Bids and to postpone the award of the Contract not more than sixty days from
the bid opening date, and to award the contract, if From the deskofu.
awarded, based on the best interests of the City."
. Page 1
Gary D. Smith, PE
Meridian City Engineer
Meridian Public Works Departrrent
2CXJ E Carlton St., Suite 100
Meridian, Idaho 83642-26CXJ
(208) 887-2211
Fax: (208) 887-1297
Because of the low and second low bid irregularities and the exceedance of the
estimated project amount, as bid by the third bidder, and in accordance with the
provisions of the Invitation to Bid, I request that all bids be rejected and that the
project be re-advertised for submittal of bids.
Respectfully Submitted,
Gary Smith
. Page 2
i
(,
August 31,2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Department Report - Mayor Robert Corrie ITEM NO.
REQUEST Appointment of Planning and Zoning Commissioner
38-8- 1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the CRy of Meridian.
(
August 31 J 2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Department Report - Mayor Robert Corrie ITEM NO.
REQUEST Nampa Meridian Master Pathway Agreement
38-B- 2
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
August 31 , 2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Department Report - Mayor Robert Corrie ITEM NO.
REQUEST AT & T and Cable One Option
38-B-3
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
t.
August 31, 2000
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT Department Report - Mayor Robert Corrie ITEM NO.
REQUEST Cherry Lane No.8 Agreement for Land Swap
38-B-4
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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a.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on September 5, 2000, for the purpose of reviewing and considering
the application of the City of Meridian for proposed changes to the Notice of Mailing
Ordinance allowing first-class mail to replace certified mail for notification of public
hearings.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
PUTY CITY CLERK
---
/'
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on September 5, 2000, for the purpose of reviewing and approving
registration fees for new fall recreation classes offered through Meridian Parks and
Recreation.
A copy of the fees and class descriptions are on file in the City Clerk's office at
Meridian City Hall, 33 East Idaho Street, and are available for review during regular
business hours.
Any and all interested persons shall be heard at said public hearing and the
public is welcome and invited to submit testimony.
DATED this 23rd day of August, 2000.
SEAL
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PUBLISH August 26 and September 2, 2000.