HomeMy WebLinkAbout1992 06-21
MERIDIAN CITY COUNCIL
JULY 21" 1992
The regular meeting of the Meridian City Council was called to
order by Mayor Grant Pa Kingsford at 7:30 P.M.
Members Present:
Yerrington:
Ron To15ma, Bob Giesler,
Bob Corrie,
Max
Others Present: Rick McGraw, Trudy Comba, ,Chuck Li ehe, Bi 11
Hammons, Stephanie Williams, Steven Trout, John Baker, Don
Stephens, Marti Hill, Jim Vandanacker, Dan Mabe, Doris Oliason,
Wayne Forrey, Joe Simunich, Scott Merrill, Gary Smith, Bill
Gordon, Wayne Crookston:
MINUTES OF THE PREVIOUS MEETING HELD JULY 7, 1992:
The Motion was made by Giesler and seconded by Yerrington to
approve the minutes of the previous meeting as written:
Motion Carried:
All Yea:
Kingsford: We will begin with an item of old business, Mr.
Riddlemoser if you would come forward and tell the Council of the
situation at Merrywood Subdivision. Mr. Riddlemoser is
representing the City of this issue because of a conflict of
interest with our City Attorney.
Riddlemoser: It appears there that there has been nothing done
towards the fencing requirements along the railroad right of way.
There is activity out there now working toward connecting the
City water to the pressurized irrigation system. I understand
that is to be completed sometime tomorrow. As far as the
construction landscaping of the berm is concerned, the only thing
that has happened in that regard, that at least is visible is
they scratched some weeds up. They do not have a berm up there
and there is no landscaping. I talked to Mr. Johnson, the
Engineer, this afternoon and I had suggested that both he and
Mrs. Arnold come to explain the situation as it is going to be
done in the future, because what is visible out there and what
needed to be done and frankly in conversations with Mr. Johnson
on two occasions a week ago last Friday, even though the letter
went out on Monday there was two conversations on Friday the 10th
in which he was advised there as to the actions of the City and
that the letter was forthcoming and on the second conversation
assured me that things had started to happen that afternoon.
They are here to talk to you. From what it appears there hasn't
been much done in the last ten days.
MERIDIAN CITY COUNCIL
PAGE 2
Roy Johnson: Mrs. Arnold has been out of town for about two
weeks. She is unable to be back in town for probably another
week or two. What we have done to date is we hired a landscape
company to come in there and do the landscaping work and he was
to start a two weeks ago yesterday and he's been very slow
getting it done. They were digging the trenches to hookup to
City water today when I was out there. Possibly they can hook it
up by tomorrow night but it depends on whether the backflow
preventor required by the City is available. I stopped the
landscape people that were going to do the sprinkler today
because the berms are not as high as they should be. Explained.
Mrs. Arnold gave us the go ahead to contract to construct the
fence and the berms along the back. She did this today from out
of town and we will contact some fence company's and try to have
that going just as soon as the fence company can get it. We will
be contacting them tomorrow. I apologize for it not being done
and it has been very slow. We would ask the Council to give us a
couple of weeks to get this thing completed.
Tolsma: Wright Construction is going to build the berm and then
the landscape will be done as soon as the berm is filled?
Johnson:
Yes.
Tolsma:
also?
Is that the berm that goes up along the railroad tracks
Johnson:
Yes we are going to do it all at the same time.
Kingsford: Mr. Johnson, developers and engineers come in here
and want everything done yesterday. Yet when the tables turn
what your supposed to be doing is done at your convenience and
I'm starting to loose patience with it. We discussed a $300.00
fine and I suggest to you that if that's not done post-haste that
that will be instituted.
Johnson:
I think that's fair.
The Motion was made by Giesler and seconded by Corrie to extend
this to the next Council meeting and if not completed we initiate
the $300.00 fine immediately.
Motion Carried:
All Yea:
MERIDIAN CITY COUNCIL
PAGE 3
ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE
REQUEST BY L & R SALES: CULDESAC LENGTH IN PARKSIDE SUBDIVISION;
ALSO NEED ACTION ON PRELIMINARY PLAT:
Kingsford: Council members you've had the Findings of Fact do
they meet with your agreement?
Giesler:
denying the
Can the preliminary plat be approved
one variance on the culdesac length?
since
we are
Kingsford:
Yes.
Crookston:
correction.
You can approve it subject to it meeting the
Tolsma: Correction to spelling of Fir Street.
The Motion was made by Corrie and seconded
City Council of the City of Meridian does
Findings of Fact and Conclusions.
by Tolsma that the
hereby approve these
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
Kingsford: Read decision as follows: That it is decided the
Application should be denied as to the cul-de-sac on Pine Creek
Street as Pine Creek Street needs to be connected to Fir Creek
Street so that Pine Creek Street becomes a through Street, but
that the Blue Creek Street cul-de-sac is approved as is with the
appropriate variance.
The Motion was made by Tolsma and seconded by Yerrington to
approve the decision of the Findings of Fact and that the
variance be applied for for Fir Creek Street culdesac.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried:
All Yea:
Tolsma: Questioned the School District access.
Dan Torfin: We are going to revise one of the culde~acs into an
access road for the school site.
MERIDIAN CITY COUNCIL
PAGE 4
The Motion was made by Tolsma and seconded by Giesler to approve
the preliminary plat conditioned upon their working with the
School District to establish a straight emergency issue and
transportation in and also to meet the Findings of Fact and
Conclusions of Law as prepared.
Motion Carried:
All Yea:
ITEM #2:
CONDITIONAL
IN-THE BOX:
FINDINGS OF FACT & CONCLUSIONS OF LAW
USE PERMIT BY BODINE OIL & FOODMAKER,
ON REQUEST FOR
INC. FOR JACK-
The Motion was made by Tolsma and seconded by Corrie that the
Meridian City Council hereby adopts and approves these Findings
of Fact and Conclusions.
Giesler: In the decision it says that the application may be
reopened if there should be traffic problems. If we do have
traffic problems what do we do just take another look at that and
make some changes or?
Kingsford: As I looked at that I assumed that that dealt with
signage, possibly doing something different with the North curb.
Crookston: The intent of
problem or signage problem,
further review.
that is that there becomes a traffic
it is an attempt to keep it open for
Roll Call Vote:
Tolsma - Yea:
Yerrington - Yea; Corrie - Yea; Giesler - Yea;
Motion Carried:
All Yea:
The Motion was made by Giesler and
approve the decision as set forth in
Conclusions of Law.
seconded by
the Findings
Yerrington to
of Fact and
The Motion was withdrew and the second was withdrawn also.
The Motion was made by Giesler and seconded by Yerrington to
approve the decision set forth in the Findings of Fact and
Conclusions of Law as written with the condition that the City
receive a release from Smith's Food King or their successors for
the release of the parking lot.
Roll Call Vote:
Tolsma - Yea;
Corrie - Yea; Yerrington - Yea; Giesler - Yea;
Motion Carried:
All Yea:
MERIDIAN CITY COUNCIL
PAGE 5
ITEM #3: ORDINANCE #581: ORDINANCE ANNEXING
CHRISTIAN CENTER PROPERTY; ALSO NEED ACTION ON
PERMIT FOR PUD:
& ZONING CAPITAL
CONDITIONAL USE
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND
ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF
THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4, SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the
public who would like Ordinance #581 read in its entirety? No
response.
The Motion was made by Tolsma and seconded by Yerrington that the
rules and provisions of 50-902 and all rules and provisions
requiring that Ordinances be read on three different days be
dispensed with and that Ordinance #581 be passed and approved.
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
The Motion was made by Corrie and seconded by Tolsma to approve
of a Conditional Use Permit for PUD by Capital Christian Center.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENTS BY
BOISE MINOR EMERGENCY CENTER:
Kingsford: I will open the Public Hearing.
representative present?
Is there a
Stephanie Williams, Officer Manager, 3424 Camrose Lane, was sworn
by the attorney.
Williams: I have submitted all the releases from the utilities
to Mr. Niemann.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the public hearing. For the public, they are wanting
to vacate an easement they will be building over.
MERIDIAN CITY COUNCIL
PAGE 6
The Motion was made by Corrie and seconded by Tolsma to approve
the request for vacation of easements for Boise Minor Emergency
Center.
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Giesler to have the
attorney prepare an Ordinance for vacation of easement.
Motion Carried: All Yea:
ITEM #5: FINAL PLAT ON MAWS ADDITION:
Giesler: The City Engineer had a number of questions have all of
those been meant?
The Motion was made by Tolsma and seconded by Yerrington to
approve the final plat on Maws Addition conditioned upon City
Engineer's conditions being meant.
Motion Carried: All Yea:
ITEM #6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY
DR. TRUDY COMBA FOR CHILD CARE CENTER, SMALL WORLD, INC.:
Kingsford: At this time I will open the Public Hearing and
invite the applicant or representative to come forward.
Trudy Comba, 9052 Donnybrook, was sworn by the attorney.
Comba: I'm just requesting a conditional use permit to use this
property for a child care center.
Kingsford: Does the council have any questions.
Tolsma: The City Engineer had a comment about having a turn-
around in there, is that being done?
Comba: Yes.
Tolsma: You didn't have any problems with any of the rest of the
comments?
Comba: No I don't.
Yerrington:
time?
How many children do you anticipate having at one
MERIDIAN CITY COUNCIL
PAGE 7
Comba: I'm going to start the child care center at the house
that is located on the property already and so I plan on having
3& children, there would be si~ classrooms that would be for
approximately 70 children.
Tolsma: Are all these children going to be new children or are
they being transferred from an existing business?
Comba: No it won't be a transfer. We do have a school at Five
Mile and we have a lot of children there from Meridian.
Kingsford:
Five Mile?
How do those numbers compare with
How many do you run there?
your facility at
Comba: At Five Mile I run about 100 children. I am licensed for
250 children. I always provide a lot of land and a lot of room
indoors.
Yerrington:
What ages do these children run?
Comba: From infant to age 12. We are not going to start with
infants this year because of limited space inside of the house.
As soon as we have the facility we will take the house and make
an infant and toddler center out of the house.
Corrie: Do you have to
older building?
update any
of the
electrical in that
Comba: Yes anything that will need to be done.
requirements and everything will be meant.
I have all the
Corrie: There was mention of an irrigation canal, is there an
open irrigation canal through there?
Comba: No. If you look at your map, on the side where the
parking spaces are, on that wall there it is like an embankment
that runs down and there is an irrigation ditch that runs there
and I am going to be putting a siH foot fence with plastic strips
in through that irrigation area.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the public hearing.
The Motion was made by Tolsma and seconded by Giesler that the
Meridian City Council approve the Findings of Fact and
Conclusions of Law as prepared for Planning & Zoning.
MERIDIAN CITY COUNCIL
PAGE 8
Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Giesler to approve
the Conditional Use Permit for Dr. Trudy Comba for Child Care
Center, Small World, Inc.:
Roll Call Vote: Yerrington - Yea;
Tolsma - Yea;
Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
ITEM #7:
COVENANTS ON SPORTSMAN POINTE SUBDIVISION:
The Motion was made by Yerrington and seconded by Tolsma to
approve the Covenants on Sportsman Pointe Subdivision conditioned
upon the City Attorney's comments being meant.
Motion Carried: All Yea:
ITEM #8: MAX BOESIGER, JR:
ONE SUBDIVISION #1 & #2:
REGARDING PRESSURIZED IRRIGATION IN
Kingsford:
this.
I'd suggest that since he is not here that we table
The Motion was made by Corrie and seconded by Giesler to table
Max Boesiger until the next meeting.
Motion Carried: All Yea:
ITEM #9:
DORIS OLIASON:
Kingsford:
concerns.
Doris would you come forward and inform us of your
Doris Oliason: I'm representing a lot of people who are not here
tonight but they will be if we have to come back a second time.
I'm here regarding weeds that are allover this county, Meridian
and Boise and something has got to be done about it folks. You
have an Ordinance and I would say that have not adhered to it.
(Explained further concerns about weed problems - see tape)
MERIDIAN CITY COUNCIL
PAGE 9
Kingsford: As you may be aware, we feel it is the property
owners responsibility and if they don't clean it up within that
time period, which I think I agree with you maybe to long, then
we have it done, hired and bill them for it.
ITEM #10:
DEPARTMENT REPORTS:
Kingsford: I met today with Bews-Smith in regard to a
subdivision. Briefly what that entails is they are doing a
subdivision that borders on Cloverdale Road, north of the
freeway, south of Franklin that is encompassed by the Ridenbaugh
Canal. It's an irregular piece of ground and, that canal comes
over more than 300 feet into Meridian's Area of Impact. They are
having problems because of the Area of Impact agreement getting
that sewer covered in their subdivision plat. I met with those
people and said that I'd run it in front of you guys, but my view
was that that 300 foot makes real good sense in most instances
but here we have a natural barrier and I don't think it's
appropriate that we have 300 feet that's totally encompassed by a
canal necessarily in our impact. I said that I would recommend
to the Council tonight that authorize us to write a letter to
okay that to the City of Boise.
<Discussion - see tape)
The Motion was made by YerringtoD and seconded by Corrie to
authorize the City Clerk to send a letter to the City of Boise
stating that we have no objections to this being a (in-audible)
subdivision only.
Motion Carried: All Yea:
Giesler: At the last meeting we received an appeal from the
School District regarding the road that we required to be put in
for the Meridian Rcademy at the end of Lanark Street. The have
agreed - we needed an emergency road into that facility. They
have agreed to put an emergency road in from Franklin down into
the Academy and put a break-away barrier at Franklin Road so
there would be no through traffic from Lanark out to Franklin
Road. They would be that road so that it would handle 40,000
pounds, we have received those plans for that emergency road and
have I believe been approved by Gary. Is that correct?
Eng. Smith: The architect submitted the plans to me and I made
some comments on them and sent them back. Haven't heard back but
I think they were proceeding with construction.
MERIDIAN CITY COUNCIL
PAGE 10
Giesler: We would like to have some conditions on that. That
would be that we have a concern about weeds and snow removal on
that emergency access.
Kingsford: First off, when it came up before I declared conflict
of interest and don't know what my role should be in this
discussion. Did you want them to inter-act? If so, then Ron
should handle that.
Giesler: I have visited personally with them and they have no
problem with those two issues. I did bring up and there's a
little bit of a conflict yet that we take a look at this in a
year to see if we do in fact have some safety problems in there
with the traffic off of Lanark. It was my request that we look
at this in a year and if in fact from the police reports and
other information we receive, in fact find out that we do need
that emergency road as the main road into that Academy that that
be done. They do have a problem with that condition yet. I
would still like that as a condition and have them go to their
board and if it is not with their approval then they need to
either refile for an appeal to our decision or whatever necessary
steps will need to be taken on that.
Kingsford: Our concern is not whether or not those children
drive down Lanark, our concern is the safety of them. I think if
you look at our Ordinance that would require an variance from
that. Lanark is much longer than a culdesac length and to extend
that even further, I think personally, requires a variance and
really constitute a safety issue in my judgement. Do you plan to
pave that section between about half way through the bus barn and
into your parking lot or will it remain gravel?
Chuck Liehe:
At this point, it will remain gravel.
Discussion held - see tape-
Tolsma:
Will be acting Mayor on this issue.
The Motion was made by Giesler and seconded by Yerrington that
conditions be placed upon the School District regarding the
emergency road into the Meridian Academy. That weeds and snow
removal be maintained and that we look at this in a year to see
if in fact we have any safety problems regarding the entrance
through Lanark that this be looked at to possibly put the
entrance to that school through this emergency road. Also to meet
the City Engineer's comments regarding the emergency access road.
Motion Carried:
All Yea:
MERIDIAN CITY COUNCIL
PAGE 11
Kingsford:
Returning to seat.
Wayne Forrey: Is the Council at liberty to discuss recreation
potential northwest of the City?
Kingsford: I think that the acquisition of land should be
discussed in executive session.
Forrey: I contacted a potential neighbor to several parcels that
the City IS contemplating and they have no problem with
development.
I do have several things that need to be discussed in E~ecutive
Session regarding Phase II Downtown Redevelopment and be I am
prepared to update the Council on some current negotiations and
how they are proceeding.
The tree grant that the
totally closed out. The
Lands were here today and
they saw.
City received for $5,600~00 has been
fellows from the State Department of
reviewed the project and liked what
I also meant with Mrs. Susan Burner tonight. Her back yard is
the Settlers Canal. I informed her that the City was working
with the irrigation district, former developer, current developer
and property owners to create a five way funding partnership, but
several of the property owners had declined to participate.. Her
suggestion was that we re-initiate a letter to property owners on
both sides of that canal, not just the one side. We also
discussed an LID and she thought that was an e~cel1ent idea.
On Phase II Downtown Project I had a meeting with Don Hubble,
Gary Smith then they meant also with the Highway District. The
Highway District has finally approved the concept and design for
Phase II without an overlay. Hubble should have that ready and
out to bid by Wednesday or Thursday of ne~t week.
Tolsma: The water sprinkler system for all the trees, has that
been all repaired and in operation now?
Forrey:
Gary is on top of that.
Kingsford: I would suggest to the Council that we go ahead and
direct Mr. Forrey to recontact those property owners on both
sides of the ditch out in Glennfield #2 and on the other side and
get a new reading on the possibility of piping.
MERIDIAN CITY COUNCIL
PAGE 12
The Motion was made by Corrie and seconded by Tolsma to have
Wayne Forrey represent the City and contact the property owners
with regard to Settlers Irrigation Ditch and see if we can again
reach an agreement on the possibility of covering that ditch.
Motion Carried:
All Yea:
Clerk Niemann: First of all you all received a copy of the
letter from the lady that fell in the meter lid and she is asking
for reimbursement. We either need to get a release from her and
pay it or just ignore it.
Crookston:
It needs to be addressed either yea or nea.
Clerk Niemann: It's $231.01 and we would need to get
from her if the City decides to pay on this.
a release
Kingsford:
What about insurance?
Crookston: I think that Jim Johnson has turned it in. I believe
that he discussed this with the insurance carrier and they wanted
to meet with the Mayor, Jack and myself not only about this
particular incident but generally about claims. It probably
would behoove the City to go ahead and wait for that meeting.
Kingsford:
Let's try and get that scheduled as soon as possible.
Clerk Niemann: Received a call from CH2M Hill today and there
will be a public information meeting Thursday, July 30, 1992 from
5-7 p.m. here at City Hall on the signal light at Fairview Avenue
and Locust Grove Road. They also are working on the one at
Meridian and East First but it will be another month or so before
they have a public information meeting on that one.
Kingsford: To give the Council and the audience a little
background on one of the things I will be asking to go into
Executive Session about involved the school district, the
disputed area in that section of land that is on the south side
of Chinden, a quarter mile west of Eagle Road and a quarter mile
west of Cloverdale and also that section directly sDuth of those
perimeters. There have been many public hearings and we have
given testimony on this~ The County Commission awarded that to
Boise, we filed protest and demanded that a vote be taken of the
residence in the disputed area. The Commission assured us that
that would happen, it was noticed in the paper. It was brought
MERIDIAN CITY COUNCIL
PAGE 13
to my attention that now the school district had a problem and it
wouldn't be able to open on time, that if the City didn1t allow
the eighty acres owned by Jerry Caven to go into Boise that the
School wouldn't be able to open. Mr. Caven took that song and
dance to the County Commission and got them to cancel the
election. Today at noon in passing from the Chamber of Commerce
luncheon, Dr. Hallett told me that the Statesman had made a big
to-do about it and that he didn't understand that and I said
would you comment a little further on that. He says it doesn't
make any difference to us whether it goes into Meridian or to
Boise we are still going to open on time. The County
Commissioners were made aware of that immediately upon my return
to City Hall. It is my understanding that Mr. Corrie visited
with Commissioner Bisterfelt and they are still staying with
that, that they are not going to have that election. Their only
reason stated was to allow the school to open on time. Having
said that I would suggest that the Council go into Executive
Session to consider possible litigation against the County.
Secondly I think we need to have an Executive Session for the
possible consideration for purchase of property.
Crookston: This is a question for Mr. Mabe, can you inform us
as to the status of the sewer and Pioneer'School?
Dan Mabe, Deputy Superintendent of the School District. One of
my tasks the last year and a half has been trying to locate a
School on an acceptable site and get it open. That school is
Pioneer Elementary, which is the one that I think is being the
political football between the three governmental agencies.
Early on in my conversation with Boise Sewer District, our
request was that we be allowed to use a 41) force main from the
school east to pick up the, what I thought at the time was a
gravity line at Cloverdale Road. That request to Boise Sewer
District was granted in part. A tentative agreement was reached
where the City would accept and process the effluent from the
school provided that the school district put in that 4" main and
a pump on their location. From that point, interest grew from
other property owners in the area wishing to participate in that
agreement. There are three proposed subdivisions along McMillan
Road and various meetings were held and various agreements
reached, most of which didn't fly eventually. I think there were
five or six parties in those conversations and not all of those
agreements came to pass. The agreement was, at the time, that
all of the parties involved monies could be better spent if it
was put into a permanent gravity type system. Those
conversations continued through the winter. We eventually were
offered a contract by Boise Sewer to serve that school which we
MERIDIAN CITY COUNCIL
PAGE 14
reviewed and asked your Council to participate in this. In our
deliberations with Boise City and they determined that sewer line
draining west to a gravity line from Cloverdale to nearly Eagle
Road could be installed and that the effluent then could gravity
west to a point where a large pump could be installed utilizing a
four inch line to take it back up east on McMillan Road to the
existing Boise gravity sewer. At that point, there were a lot of
public discussions about the Area of Impact. I went to the
Planning & Zoning then the Ada County Commissions asking that
they declare an emergency from the considerations of the total
Boise City Area of Impact, which includes that area of dispute in
the foothills and some other areas and just make an e~ception to
that and serve the school with sewer and they declined. Then
later several of those developers or property owners meant with
the Ada County Commission asking that the entire area be accepted
from their deliberations on the Area of Impact boundary changes
for the entire project and that this particular square mile and a
quarter mile south including the school be included in an
emergency declaration for service. The County Commission
responded then with a motion that allowed the School District to
be served by Boise Sewer District but not the developers. That
in my mind, caused a minor murmur among those developers that the
school could develop but private developers could not. At that
point I was excluded from any further considerations, although I
feel in my own heart, that those deliberations did continue at
some level with the Commission. I sincerely believe that the
Commission in it's mind acted out of consideration for the
school. That they tried to make the best decision they could so
that the school could open on time. During that period of time
after I meant with the County Commission about the e~ception, the
developers continued their considerations of how to serve both
the immediate acreages that they had in mind and to extend to
other developers drainage into the City system. They came back
and asked that the School District's contribution to that end,
that the money that we would spend for engineering the system up
McMillan Road be used to pay the engineering on at least a
starter system that would serve the school. That system would
come from Claverdale Road north of the Centennial High School
through Spruce Meadows Subdivision into Caven's development then
come toward the school and would be a gravity system. The School
District did not agree to pay for that engineering and they went
ahead and did it on their own. They discovered that a gravity
system couldn't be put in but they could put in a part gravity
system by installing or rather by moving a pump located in the
southwest corner of Spruce Meadows Subdivision straight west
placing it in the northwest corner of Caven's development, and
that Caven's property could all have gravity flow to that pump.
(
MERIDIAN CITY COUNCIL
PAGE 15
The school however was still to high and the line would be out of
the ground and their suggestion was that we put in both an 8t)
gravity line from the school to McMillan Road centered on our
access street from McMillan Road and secondly that we put a sump
in our parking lot, a wet well with a pump in it alternating
pumps that would pump that effluent across McMillan Road to the
northern most manhole in that subdivision. To date that line,
their gravity line through Caven's to the northwest portion of
their subdivision has been installed. The force main from their
southern most manhole is connected to a 41l force main line that
crosses McMillan Road, extends west to where we stopped the line
at McMillan Road at our entrance to the school. So that system
with the addition of two pumps, our pump has not yet been
installed so that system is not operational, to my knowledge
Caven's pump in the northwestern portion of his subdivision has
not been installed but if those tWQ pumps were installed and
operating that system could operate today. It is my
understanding that if that system operated today that we would
have to contract with Boise Sewer District until this issue is
totally resolved and we are prepared to do that. We want that
school open on time and we will contract with Boise Sewer
District if they are agreeable to handle the effluent. If they
are not agreeable to that, the school will not open.
Kingsford: Again, I believe I understood from Dr. Hallett this
noon that they were, I believe his quote was that they were
waiting for the outcome of this election and were very willing to
build that 4" pressure line that was originally agreed upon down
McMillan if Meridian prevailed.
Mabe: That's an option we could do but if the other line is
installed and lacks only those two pumps to operate.
Kingsford: I told Mr. Caven this, he didn't agree, but I think
he is holding a gun to our head, the County Commissioners head to
make sure that his property gets developed. He said that he
would not install that booster pump unless his property was
allowed to be in Boise.
Mabe:
I suspect that's his option.
Kingsford: I'm appalled that he has gone Dut and spent
$200,000.00 he claimed putting stuff in the ground that's a
disputed area. I don't have any doubts that he's playing the
School District as an ace in the hole to make sure he gets his
way. I'm very disappointed at the lack of communication that has
been exhibited between your office and ours.
MERIDIAN CITY COUNCIL
PAGE 16
Mabe: I'm not sure where that
What I've told you I believe to be
be the actual chain of events.
lack of communication exists.
factual and I believe that to
Kingsford:
different
than what
truths.
What I'm saying is that what you've told me today is
than what Bob Haley told me yesterday and is different
Dr. Hallett told me today. There can't be three
Mabe: If you have a suggestion on how we might
I'd be happy to try to accommodate it.
accomplish that
Kingsford: Members of this Council have said that they would sit
down with the School District anytime on a regular basis, on an
informal basis, whatever to insure that happens. We would like
to be informed of what's going on.
Mabe:
Who should initiate these meetings?
Kingsford: We'd be glad to meet on a regular basis. I feel like
this first off, as you indicated a year and a half ago you
started working on Pioneer, we had no idea of where you were
looking at going until it was over a pipeline and you couldn't do
it. We had no idea where you were going again until we have this
crisis over who's property it's in. Those are things that ought
to be years ahead of time figured out. We should be informed at
least when your making those decisions. At least we try to work
with you however we can.
Mabe: I think we would say the same thing and
point to begin then we need to get to that point.
if it's just a
Tolsma: I noticed that when the land purchase out here at the
end of Fuller Park took place it was a farmer out there that told
me about it and that was the first I'd even heard about it.
Giesler: Regarding the issue of the Pioneer School. In visiting
with the Commissioners the last couple days they said there is no
way that that school can open in time unless they do what they
did. My question is, I believe you just said that 4H line is
stubbed out there that you had originally planned on.
Mabe:
It isn't stubbed, it's connected to the manhole.
Giesler: The school CQuld still go with the original plan and be
in working order in plenty of time. Isn't that correct?
MERIDIAN CITY COUNCIL
PAGE 17
Mabe: That would require an additional expenditure of probably
$78 and $84,000.00.
Kingsford: But
wasn't it?
that's what was considered in the first
place
Mabe:
Yes i t wa 5 .
Giesler: That's the last thing we heard Dan is that that was the
plan and then yesterday morning at ten o'clock when I get to the
meeting everything is completely different. You have no sewer,
you had been given a building permit by the County Commissioners
and you don't have any sewer. I can't for the life of me figure
out how you got a building permit.
Mabe: I don't have a contract completed by the City.
agreed to by the board.
I have one
Giesler: So then you never had a contract with Boise City for
them to treat your waste?
Mabe: We have an offered contract by them but
completed..
it is not
Kingsford: How did you feel then that I was relieved of a
conflict of interest then Dan, without a signed contract?
Mabe: We didn't have the contract
certainly agreed to process the sewage.
finished but they had
Further discussion - see tape.
Kingsford:
Thank you.
The Motion was made by Yerrington and seconded by Tolsma to go
into Executive Session for those two aforementioned items at 9:20
P. M. :
Motion Carried:
All Yea:
Kingsford:
Meeting called back to order at 10:55 P.M..
Giesler: We have agreed to instruct the City Attorney to proceed
with Area of Impact litigation.
Kingsford: It was also decided that park land acquisition would
be brought up at a later date.
MERIDIAN CITY COUNCIL
PAGE 18
Also, it was agreed to schedule a
Improvement Committee to discuss
acquisition.
meeting with
current and
the Downtown
fut ure 1 and
The Motion was made by Corrie and seconded by Tolsma to adjourn
at 11: 00 P. M. :
Motion carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~
ATTEST:
pc: Mayor & Council,
p & Z Members, Atty.,
Gass, Stuart, Ward, Bldg.,
Eng., Police, School, Valley News,
ACHD, NMID, ACe, CDH, Settlers,
Ma i 1 (6 )
File (6)
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box .27
Meridlan,ldaho
83642
Telephone 888-<<61
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF L & R SALES
FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM
BLOCK LENGTH REQUIREMENTS
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on July 7, 1992, at approximately 7:30 a.clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for July 7, 1992, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the July 7,1992, hearing; that copies of all notices were
available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E., 11-2-419 D., and
11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City
of Meridian; that this requirement has been met.
3.
That Ordinance 11-9-605 B 6., STREETS, requires that a
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.o. Box 427
Merldlan,ldaho
83642
Telephone 88&4481
within 300 feet of the external boundaries of the Appl icantls
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance and upon the record submitted
to it and the things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the following provision of Section 11-9-612 A. 1.,
of the Zoning Ordinance is noted which is pertinent to the
Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique circumstances (such
as topographic - physical limitations or a planned unit
development), may grant variances from the provisions of
this Ordinance on a finding that undue hardship results
from the strict compliance with specific provisions or
requirements of the Ordinance or that appl ication of
such provision or requirement is impracticable.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2., FINDINGS
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
AM BROSE,
FITZGERALD
& CROOKSTON
A ttorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone S,SS.<<61
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public
hearing~ that all of the following exist:
a. That there are such special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance
would clearly be impracticable or unreasonable; in
such cases~ the subdivider shall first state his
reasons in writing as to the specific provision or
requirement involved;
b. That the strict compliance with the requirements of
this Ordinance would result in extraordinary
hardship to the subdivider because of unusual
topography, other physical conditions or other such
conditions which are not self-inflicted, or that
these conditions would result in inhibiting the
achievement of the objectives of this Ordinance;
c. That the granting of the specified variance will
not be detrimental to the public welfare or
injurious to other property in the area in which
the property is situated;
d. That such variance will not violate the provisions
of the Idaho Code; and
e. That such variance will not have the effect of
nullifying the interest and purpose of this
Ordinance and the Comprehensive Development Plan.
7. That there does appear to be a specific benefit or
profit~ economic gain or convenience to the Applicant in that the
streets to be constructed were not in existence at the time that
he purchased the property; that since the property is zoned R-4
Residential it is not unreasonable to grant a slight variance.
8. That regarding Section 11-9-612 A. 2. it is specifically
concluded as follows:
a .
That there are special circumstances or conditions
affecting the property that the strict application
of the provisions of the cul-de-sac street
Ordinance would clearly be unreasonable since there
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
AMBROSE,
FITZG ERALD
& CROOKSTON
A ttorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-<<81
are only two streets in the area that will exceed
the cul-de-sac requirement.
b. That strict compliance with the requirements of the
cul-de-sac street Ordinance would not result in
extraordinary hardship to the applicant as a result
of factors not self-inflicted but due to the fact
that two streets do exceed the maximum cul-de-sac
requirements, the granting of a sl ight vari ance
would not unduly change the area.
c. That the granting of a slight variance would not be
detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated.
d. That one variance would not have the effect of
altering the interests and purposes of the cul-de-
sac Subdivision and Development Ordinance or the
Meridian Comprehensive Plan.
9. That it is concluded the Application should be denied as
to the cul-de-sac on Pine Creek Street as Pine Creek Street needs
to be connected to Fur Creek Street so that Pine Creek Street
becomes a through street, but that the Blue Creek Street cul-de-
sac is approved as is with the appropriate variance.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-<<81
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON ~
VOTED .. ~
COUNCILMAN GIESLER VOTED !:fir-
COUNCILMAN CORRIE
VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
That it is decided the Application should be denied as to the
cul-de-sac on Pine Creek Street as Pine Creek Street needs to be
connected to Fur Creek Street so that Pine Creek Street becomes a
through Street, but that the Blue Creek Street cul-de-sac is
approved as is with the appropriate variance.
APPROVED:
k/
DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box ..27
Meridian, Idaho
83642
Telephone saa.<<81
BEFORE THE MERIDIAN CITY COUNCIL
BODINE OIL COMPANY & FOODMAKER, INC.
CONDITIONAL USE PERMIT
A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY
MERIDIAN, IDAHO
AMENDED FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 7, 1992, at the hour of 7:30 o'c1ock p.m., the Petitioner
appearing through Lance Sa1aday, the Meridian City Council of the
City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for July 7, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 7, 1992, hearing;
that the public was given full opportunity to express comments and
submit evidence; that copies of all notices were available to
newspaper, radio and television stations;
2 .
That this property is located within the City of
Meridian and is owned by the Applicant, Bodine Oil Company, and
is described in the application which description is incorporated
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.o. Box 427
Meridian, Idaho
83642
Telephone 888--<<61
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN CORRIE
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED ~ .
VOTED~'
VOTED4
VOTED l'
VOTED
DECISION
The Meridian City Council hereby decides that the application
for approved Conditional Use Permit requested by the Applicant
for the property described in the application is approved based
upon the traffic plan proposed and the agreements reached between
Applicant and First Security Bank; that if the proposed traffic
plans and agreements do not cure the possible traffic problems,
this application may be re-opened; that the property shall be
required to meet the water and sewer requirements, the fire and
1 ife safety codes~ and the Uniform Bui lding Code, and other
Ordinances of the City of Meridian and be subject to site planning
review.
MOTION:
APPROVED:.x:-
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7
~ ",-
'1. :
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-<<61
c 92~19531
( C~ of
A D/~ r-: '-,':: ~T '/ I f'\ cO ~1~~/# J,A'/1
. . - J ... " · '-'. I rfI..k..fJ OL-c., I
J. D A \( j D :- J i\ " ,\ R R 0
RECORDEf\
ORDINANCE No..~~1
~2 JUL 27 API 9 32
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1/2 OF
THE WEST 1/2 OF THE SOUTHEAST 1/4, SECTION 5, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to annex to the said City real property which is
hereinbelow described:
The South half of the West half of the Southeast Quarter in
Section 5, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho,
AND
Including the South half of the Fairview Avenue right-of-way
adjacent to the above described parcel.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1.
That the above referenced real property
described as:
The South half of the West half of the Southeast Quarter in
Section 5, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho.
AND
Including the South half of the Fairview Avenue right-of-way
adjacent to the above described parcel.
is hereby annexed to the City of Meridian, and shall be zoned LO
(Limited Office); that the reason for the LO (Limited Office)
zoning is to allow for a Planned Unit Development for church,
ORDINANCE
Page 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box.27
Meridian, Idaho
83642
Telephone ~1
offices, open areas, parks, ball fields, apartments and single
family residential dwellings, which would be allowed in the LO
(Limited Office) zone; that the property shall be subject to site
planning review; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request for
annexation and zoning.
Section 2.
That the property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall
not meet the conditions contained in the Findings of Fact and
Conclusions of Law and the Ordinances of the City of Meridian.
Section 3.
That the City Clerk shall cause one (1) copy
of the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4.
EFFECTIVE DATE:
There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and
approval as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this
day of
------------.-..--...- '
1992.
ORDINANCE
Page 2
AClf'lfrEM A rfN----~-----
HO, )
s s .
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled lIAN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1/2 OF THE
WEST 1/2 OF THE SOUTHEAST 1/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE
1 EAST, BOISE MERIDIAN, ADA COUNTY, IDA~A.ND, PROVIDING AN
EFFECTIVE DATE;II passed as Ordinance No. ~1 _. , by the City
~ i 1 an d. .Mayor of the C i t~y of Meri d i an, on th~e ~ l~ ~ day of
-~l1 _~_, 1992, as the same appears in my o-rrfCe.
DATED this~~.J~day of ~~_~_--:-_, 1992.
Attorneys and
Counselors
STATE OF IDAHO,)
. s s .
County of Ada, )
On this "1.,~day of :Jut" .. , 1992, before me,
the u n d e r S i 9 n ecr:- a Not a r y Pl.iDlur.Tiland~rorsa;a S tat e, per son a 11 y
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal ~h6"datY and year in this certificate first above
· t ,,,\ U -I"
W r 1 ten. ,,\ <!1 " · S ~f "6
" ",,--" e.O....4J 'I / >. ",
~.... c:.::, ,~.c 6e"e" "y ~
~ F... 0" A;r \ ~ 1<1' ~
SEAL ~*l:lJB\ \~ J*ff Nota'r PU~c'\Jf~O
... e. \.. h ... Res i din gat Mer i d i an, I d a h 0
~..r:"" ^-$
';',,;j r?--OF ~ ~~",,,
'it], \\\
ORDINANCE ., Page JIll,....'"
Clty ofMeridian
Idaho
AMBROSE,
FITZGERALD
& CROOKSTON
P.O. Box.27
Meridian, Idaho
83642
Telephone 888-<<81