HomeMy WebLinkAbout1999 09-21
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 21,1999 @ 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD SEPTEMBER
7, 1999: (TABLE UNTIL 10/5/99)
B. TABLED 8117/99: PROPERTY EXCHANGE LOTS 8 & 9 BLOCK 1 OF
THE LAKES AT CHERRY LANE: (APPROVE)
C. STREET LIGHT AGREEMENT FOR TUMBLE CREEK NO. 1
SUBDIVISION: (APPROVE)
D. RESOLUTION #253 -- SCHEDULE OF FEES FOR FALL CLASSES BY
MERIDIAN PARKS AND RECREATION: (APPROVE)
E. RESOLUTION #255 -- UNION FIRE CONTRACT: (APPROVE)
REGULAR AGENDA
CHERRY LANE GOLF COURSE - LETTER OF CREDIT 1 LEASE HOLD DEED
OF TRUST UPDATE: (STATEMENT OF CONSENT -APPROVE RESOLUTION
#254)
1. TABLED 9n/99: ORDINANCE # --ANNEXATION &
ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 10/5/99)
2. TABLED 9fi199: FINDINGS OF FACT AND CONCLUSIONS OF LAW:
REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING,
RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE
VALLEY BAPTIST CHURCH I K. D. ROOFING-NORTH OF OVERLAND RD,
SOUTH OF 1-84 & EAST OF TEARE AVE: (APPROVE)
(
3. DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER
BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF
ALLEN STREET: (TABLE UNTIL 10/5/99)
4. ORDINANCE # -- ANNEXATION AND ZONING OF
APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR; LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET:
(TABLE UNTIL 10/5/99)
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8
TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF
CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: (TABLE UNTIL
1 0/5/99)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH
POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED
CREEKSIDE ARBOUR PHASE II) BY WillIAM & LUCILE LEAVELL-END
OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW:
(TABLE UNTIL 10/5/99)
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: APPEAL OF PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC
MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO
ELECTRIC SIGNS: (APPROVE)
8. PUBLIC HEARING: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15
ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL
(FOR PROPOSED SUN DANCE APARTMENT HOMES BY SUNDANCE, LLC -
NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: (A TIORNEY
TO PREPARE FINDINGS)
9. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI-
FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND
WEST OF LOCUST GROVE: (TABLE UNTIL 10/5/99)
10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE
COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) -
LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. (ATTORNEY TO
PREPARE FINDINGS)
11. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TOWNHOUSE
CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES
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t
WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST
GROVE: (ATTORNEY TO PREPARE FINDINGS)
12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO
2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY
ANDREW SIMONDS-FERMOR, lLC-GENTRY WAY AND ALLEN STREET:
(ATTORNEY TO PREPARE FINDINGS)
13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY
RA V CHASE/REGENT BUSINESS-1302 E. FIRST STREET: (CONTINUE
PUBLIC HEARING UNTIL 10/5/99)
14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-
4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: (CONTINUE
PUBLIC HEARING UNTIL 10/5/99)
15. PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q
BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE:
(CONTINUE PUBLIC HEARING UNTIL 10/5/99)
16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN
HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE
STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99)
17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34
ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIA lES OR ASSIGNS
LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC
HEARING UNTIL 10/5/99)
18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000
SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY
FACILITY BY SONNTAG EVE ASSOCIATES OR ASSIGNS LOCATED AT LOT
15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL
1 0/5/99)
19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801
ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO
INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF
SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99)
20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD
SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SQUTH OF LOS
ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE
PUBLIC HEARING UNTIL 10/5/99)
21. R-EQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO.1 AND
2 BY LARRY HANSEN AND LUNA VISTA, INC. - BROADWAY AND 8TH
STREET (951 W. PINE): (APPROVE)
22. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.1 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
(TABLE UNTIL 10/5/99)
23. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
(TABLE UNTIL 10/5/99)
24. DEPARTMENT REPORTS:
A. JANICE SMITH:
1. TREASURER'S REPORT.
B. WILL BERG:
1. TABLED 9n199: APPLICATION FOR ADULT BUSINESS
LICENSE BY VALLEY VIDEO. (APPROVE)
C. GARY SMITH:
1. PRESSURIZED IRRIGATION LINE EASEMENT IN THE
VILLAS AT THE LAKES SUBDIVISION: (APPROVE)
2. WATER /WASTEWATER BUDGET LINE ITEM
TRANSFER: (APPROVE)
D. SHARI STILES:
1. PROPOSED PROJECTS IN CITY OF MERIDIAN
REFERRAL AREA: (SHARI TO WRITE LETTER FOR
DISAPPROVAL)
E. GLENN BENTLEY:
1. DONATION FROM CHAMBER OF COMMERCE AND CITY
OF MERIDIAN. (DISCUSS LATER)
F. CHIEF GORDON:
1. ADDITONAL COST FOR ANIMAL SHELTER: (APPROVE)
2. NEEDS ASSESSMENT STUDY ON NEW POLICE
DEPARTMENT BUILDING:
25. EXECUTIVE SESSION:
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
September 21, 1999 by Charlie Rountree.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Shari Stiles.
Rountree: ... this evening it's a sell-out crowd. You're going to have to I guess put up
with our inaccommodation (sic) for this large of crowd and hopefully we can move
through the first part of our agenda and I think get to what most of your issue is and I
believe it's probably 8 and 9 and we'll talk about in a bit, but we do have some regular
council business to get on with. With that I will open the Meridian City Council at 7:31
on Tuesday on September 21st. For those of you who don't know me, I'm Charlie
Rountree. I'm the Council President and in that capacity I substitute for the Mayor when
he is not available to be here and Mayor Corrie is not here this evening so I will De
running the meeting this evening. I'm not sure if Bob did that on purpose or not, but I'll
thank him when he gets back into town.
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD SEPTEMBER
7, 1999: (TABLE UNTIL 10/5/99)
B. TABLED 8/17/99: PROPERTY EXCHANGE LOTS 8 & 9 BLOCK 1 OF
THE LAKES AT CHERRY LANE: (APPROVE)
C. STREET LIGHT AGREEMENT FOR TUMBLE CREEK NO.1
SUBDIVISION: (APPROVE)
D. RESOLUTION #253 -- SCHEDULE OF FEES FOR FALL CLASSES BY
MERIDIAN PARKS AND RECREATION: (APPROVE)
E. RESOLUTION #255 -- UNION FIRE CONTRACT: (APPROVE)
Rountree: The next thing on the agenda is the consent agenda. Any comments
discussion from the Council on those items?
Bentley: Yes, thank you. I would move that we table item A until October 5th and that
we move item E the Union fire contract to the first item on department reports.
Bird: I would second that.
Rountree: It's been moved and seconded to remove items A and E from the consent
agenda and table item A until our next regularly scheduled meeting and move item E to
a spot just before department reports on the agenda. All those in favor of the motion?
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21J 1999
PAGE 2
MOTION CARRIED: ALL AYES.
Rountree: Motion on the consent agenda?
Bird: Mr. Mayor, I move that we approve the consent agenda excluding items A and E.
Anderson: Second.
Rountree: It's been moved and second to approve the consent agenda as items B, C
and D. All those in favor? Opposed?
MOTION CARRIED: ALL AYES.
CHERRY LANE GOLF COURSE - LETTER OF CREDIT I LEASE HOLD DEED
OF TRUST UPDATE: (STATEMENT OF CONSENT - APPROVE RESOLUTION
#254)
Rountree: You also have a letter from City Attorney Gigray dated today talkinR about
the paragraph in the current agreement of lease related to assignment of sub~etting.
This offers a solution between the City and the financial institution that will be providing
the letter of credit to the City on the construction of the new golf course clubhouse. Any
discussion on that particular item?
Bentley: Yes, thank you. I would like to hear from legal counsel on this.
Gigray: Mr. President, Councilman Bentley, members of the Council, as you have
before you there a couple of memos I believe that you have. One that I sent on
September 16th with regards to a request that had been made concerning the signing of
what has been denoted as a schedule C on a lease hold deed of trust, which has to do
with the financing I believe on the part of the Recreational Properties, Inc. for their
clubhouse project and maybe some other items associated there with. That schedule C
I believe in my previous memos had some items in it that I would not recommend to the
Council that it would execute which includes whether or not there is any default, We've
already addressed that by a separate which the Council has already authorized to be
signed by the Mayor and attested by the Clerk. It also provides certain provisions in it
that extend default provisions provide additional notice provisions and go beyond the
lease agreement and there also is some concern at least from this office that if we
would become somehow signature to that deed of trust that there may be some other
legal considerations for which would not be recommended to the City Council to enter
into. On the other hand it seems as if what the essential of that schedule is to simply to
provide a notice that the City is aware that the lease holder the Recreational Properties
Inc is entering into this arrangement to secure performance of an obligation and using
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 3
the lease hold as security for that. There is a specific provision in the agreement of
lease with the Recreational Properties, Inc. entitled assignment of subletting which I
have quoted in my memo to you today which would be a provision upon which I assume
the lessee would rely with regards to right of reassignment on a lease agreement for an
interest to one of its lenders. I think that we could take this in the spirit of that type of
application in order to assist them to meet and comply with the conditional use permit
that was issued and the letter of credit that is required of this. This proposed consent
form would simply be a consent to their entering into that agreement, and the City would
not enter into that deed-of-trust agreement and with reference to the specific provisions
of their original request.
Bentley: Well, Mr. President, by entering into this agreement that you've given us
tonight dated the 21st of September, does this by any way take the City out of first
position on this lease?
Gigray: Well, that's one of the other reasons for this, and this isn't an agreement. It's
simply a statement of consent, and the lease agreement is unaltered by this consent,
and it's done pursuant to that lease agreement, and I felt that an argument could be
made that we would be altering, in some ways, that original lease agreement if we
signed that Schedule C which was on that lease-hold deed of trust which I'm sure was a
form that was provided by the bank to them that they standardly use, and as the Council
is well aware, this is a very unique situation where standard-form language can cause
problems because of the history of this circumstance. So we're trying to accommodate
their needs and at the same time protect the City's interest with regards that we've
entered into one agreement, and that's the lease agreement or the agreement of lease,
and we'll stand by that, but that's where we are and we don't go beyond that.
Rountree: Any other questions?
Bird: Has the Cherry Lane Recreation seen this?
Gigray: Mr. President, Councilman Bird, members of the Council, since it is my job to
represent the City, I feel that I have to share my communications with the City, and I
shared this first with the President of the Council because I wasn't aware that this was
an agenda item until today. The agendas, of course, are set, and not by me, and until
I'm authorized to release this type of information to other parties without first running it
by our own people, I didn't feel it was appropriate to do so. I was given the go-ahead to
distribute this to members of the Council for your consideration tonight. Certainly, if you
wished to share this with them prior to taking any action, I would recommend that you
well could do so, and you could, in fact, table the action on this until they've had a
chance to review it, if they have representatives here, and take it up later in the meeting.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 4
Rountree: Jerry, you're nodding your head. What does that mean? That you're glad to
be here or what?
Mattison: I guess I'm not sure what the question was.
Rountree: Bill, would you explain to Gary what it is we're proposing here to assure the
lease to the lender?
Gigray: This proposal, and I, with your permission, would share this with him so he
could read it, would be that the City would authorize, this evening, the Council a consent
to the lease assignment, and, actually, it's a consent specifically to Cherry Lane
Recreation, Inc. entering into the leasehold deed of trust, but it would not be signing
your Schedule C. This statement would be issued in lieu of that, and you can read this
here, but it's acknowledging that they're entering into this deed of trust, and its consent
is limited to that. I think that's the intent and purpose of Schedule C~ The language in
Schedule C, I believe, includes some provisions that I have concern about in terms of
the City~ And then my suggestion was if you wish, give you chance to read this over if
the Council and the President are desirous, they could table this until later in the
meeting so you might have plenty of time to read this over before you'd even have to
comment about it.
Mattison: I appreciate that. The concern I would have - this has gotten down to a
power between attorneys. You're giving this to me, and I am not an attorney. In all
honesty, we need our attorney and our counsel to review whatever it is you're
proposing. I wish I had had this before so I could have faxed it up to them today, and
they could have taken a look at it. To give it to me tonight and expect to make a
determination of the legality of it and whether it'll meet the bank's needs, I think, is kind
of not much of a timeframe. I had given this document, what we are asking, a month
and a half ago to you to review.
Gigray: I told you, sir, the time that was delivered was the time my mother died -
Mattison: I'm aware of that.
Gigray: -- and it went with a bunch of other documents, and the only request that I was
aware of that the bank had at this point, and it was referred to me by the Planning and
Zoning Office was the City should approve the form of the letter of credit which was the
main document that was on the top of it.
Rountree: Let me interject here, Jerry. I understand the position you're in, and I also
understand and really sympathize with Bill having just lost my mother a week ago. So-
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 5
Mattison: (inaudible) there were other times after that that I had direct conversation with
the attorney, and he acknowledged it was fine.
Rountree: I don't know where we are there. We'll rule that out as a solution here this
evening that's been proposed to the City and before the Council. You're not in a
position to say one way or another, so, I guess, now (inaudible) in the hands of the
Council what they want to do with this.
Mattison: The way it was presented to me from my counsel was if the City won't sign
this, you don't have a deal. Now, this may be something that you've come up with that
will mitigate that, and it'll be fine. I don't know. I'm not an attorney; I can't tell you
whether it would work or not.
Rountree: I understand. I'm not sure this is the form to broker a negotiated deal.
Mattison: I agree. I totally agree. That's why we tried to do it a month ago.
Rountree: Thank you. Any other questions?
Bird: I have none.
Anderson: I have none.
Rountree: Discussion? Motion?
Anderson: I guess in light of the information that's come out tonight, and I don't like
putting this off anymore, it's drug on long enough, but I think this is not probably the
place to negotiate this, and it sounds like other parties would need additional time to
determine if this agreement would even work, so I think it would be pretty mature for us
to be voting on this tonight, so I guess I would make a motion to table this issue until the
October 5th meeting.
Rountree: Do we have a second?
Bird: I'll second it.
Rountree. It's been moved and seconded to table. Mr. Bentley.
Bentley: Discussion. I don't know if Cherry Lane can wait two more weeks. My
question would be how much time is the attorney and the bank going to need to review?
Maybe this is an issue that if we table this for two weeks we're not going to be able to
bring it up any sooner.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 6
Rountree: If the Council will let me, I'll take my mayor hat off and become a
councilman. Any objections?
Bird: You may (inaudible)
Rountree: I guess my recommendation would be that one of two; we act on this
recommendation and provide that to Cherry Lane and run it through their staff. That will
save some time on their part. The other option would be to move to give that to them
and offer them a special meeting to either negotiate or to agree to whatever they've
come up with their legal staff. Just for discussion. Mr. Gigray.
Gigray: Mr. President, members of the Council, point of information. Since this is a
statement issued, it's not an agreement. The bank isn't agreeing to anything in this
statement. We're just issuing a statement; the request has been made and you're
consenting that the leaseholder can enter into this leasehold deed of trust. That's all
this says. And I think you could take action on this, authorize the President of the
Council and the clerk to attest, provide it to them, they'll have it, and if they don't like it,
they'll come back. And if they like it and it works with the bank, it's done. It's over with.
Bird: Let's vote on the motion.
Rountree: Do you have a question? All those in favor of the motion signify by saying
aye.
MOTION FAILS ZERO TO THREE
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: I move that we pass Resolution Lot.
Rountree: We're working on it down here. Two fifty-four.
Gigray: Did you assign a resolution number to this consent agenda?
Bird: That will come later.
Gigray: No. Consent agenda was passed, so you've already got it - okay. Thank you.
Rountree: Two fifty-four.
{'
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 7
Bird: I move that we pass Resolution No. 254 and for the Council President to ~tgn, the
clerk to attest with a suspension of rules.
Rountree: Second?
Anderson: Second.
Rountree: Been moved and seconded to approve the Resolution 254 with suspension
of rules. All those in favor?
MOTION CARRIED: ALL AYES
1. TABLED 9/7/99: ORDINANCE # -- ANNEXATION &
ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 10/5/99)
Rountree: Next item on the agenda was tabled at our last meeting. It relates to the
annexation of 6.15 acres for zoning R-40 for proposed Cobblestone Village by Ionic
Enterprises, Inc. southwest corner of Locust Grove and Franklin. I've been adv"ised
Ionic Enterprises has yet to be licensed to operate in the State of Idaho, so I would
recommend that Council consider tabling this item.
Bird: Mr. Mayor - Mr. President.
Rountree: Mr. Bird.
Bird: I move that we table the ordinance for the annexation and zoning the 6.15 acres
for Cobblestone Village by lonics Enterprises, Inc. until October 5th.
Rountree: Is there a second?
Anderson: Second.
Rountree: Been moved and seconded that we table Item No. 1 until October 5th. Any
discussion? Mr. Bentley.
Bentley: Is that enough time?
Rountree: Should be. It should be.
Bentley: Okay. Thank you.
(
MERIDIAN CITY COUNCil MEETING
SEPTEMBER 21, 1999
PAGE 8
Rountree: All those in favor of the motion signify by saying aye.
MOTION CARRIED: ALL AYES
2. TABLED 917/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW:
REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING,
RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE
VALLEY BAPTIST CHURCH I K. D. ROOFING-NORTH OF OVERLAND RD,
SOUTH OF 1-84 & EAST OF TEARE AVE: (APPROVE)
Rountree: Item No.2 was tabled at our last meetings. Findings of and Conclusions of
Law for request for conditional use permit for church parking recreational use and
contractor's business by Treasure Valley Baptist Church/K.D. Roofing. This item was
tabled waiting for the publication of the annexation ordinance. I believe that's been
done. Any discussion, motion?
Bentley: Mr. President.
Rountree: Mr. Bentley.
Bentley: I move we approve the Findings of Fact and Conclusions of Law in decision
granting conditional use permit subject to conditions to Treasure Valley Baptist Church,
Inc. and K.D. Roofing.
Bird: Second.
Rountree: It's been moved and seconded to approve the Findings of Facts for Item No.
2. Any discussion?
Bird: I have none.
Rountree: It's a roll-call vote. Mr. Anderson.
Anderson: Aye.
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 9
Rountree: All ayes. Motion passes.
MOTION CARRIED: ALL AYES
Anderson: Hey. We got rid of two.
3. DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER
BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF
ALLEN STREET: (TABLE UNTIL 10/5/99)
4. ORDINANCE # -- ANNEXATION AND ZONING OF
APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREE1:
(TABLE UNTIL 10/5/99)
Rountree: Just be patient. Okay. Item No.3. Development agreement for Eagle Road
Professional Center by Fermor, LLC on north of 1-84 west of Eagle Road and east of
Allen Street.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: Seeing how we don't have any development agreement yet worked out, I move
that we table this development agreement for Eagle Road Professional Center, Fermor,
LLC until 1 0/5/99.
Rountree: Is there a second?
Anderson: Second.
Rountree: It's a tie. It's been moved and seconded to table Item No.3 until our next
regularly scheduled meeting. Discussion? Mr. Bentley.
Bentley: Yes. I'd like to move that we amend that motion to include Item NO.4 since
it's the zoning ordinance for the same.
Bird: Okay with me.
Rountree: So we would -
Bird: Three and four.
(--
\
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 10
Rountree: -- table three and four? Do we have a second on that amendment?
Bird: I'll second that amendment.
Rountree: Been moved and seconded to table both Items 3 and 4. Any discussion? All
those in favor?
MOTION CARRIED: ALL AYES
Rountree: Okay. It's passed. Items 3 and 4 are tabled until our next regularly
scheduled meeting.
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8
TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF
CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: (TABLE UNTIL
10/5/99)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH
POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED
CREEKSIDE ARBOUR PHASE II) BY WilliAM & LUCILE LEAVELL-END
OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW:
(TABLE UNTIL 10/5/99)
Rountree: Item No.5. Findings of facts and Conclusions of Law, request for rezone of
7.265 acres of Creekside Arbour Phase II from R-8 to R-15 by William and Lucile
Leavell. Any discussion? Motion?
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: I move that we table Item No.5, the Findings of Facts and Conclusions of Law
seeing how we have not got the legal description right, and Item No.6, the Findings of
Facts and Conclusions of Law regarding the same.
Bentley: Second.
Rountree: It's been moved and seconded to table No's 5 and 6. Any discussion?
Bird: The table date is 10/5/99.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 11
Rountree: 10/5/99. No discussion? All those in favor of the motion?
MOTION CARRIED: ALL AYES
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: APPEAL OF PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC
MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO
ELECTRIC SIGNS: (APPROVE)
Rountree: Item No.7, Findings of Fact and Conclusions of Law,. appeal of Planning and
Zoning Administrator's denial of proposed electronic message center for the Idaho
Independent Bank and electronic sign. That item has just been recently slipped in. No,
excuse me. Go ahead and act on this item,and then I've got some additional
information.
Anderson: Mr. President.
Rountree: Mr. Anderson.
Anderson: I'd like to abstain from voting on this as I have a conflict of interest on this
particular issue.
Rountree: My question would be, should you remove yourself from the bench or just
abstain?
Anderson: Probably ought to leave.
Rountree: Don't go far. Okay. We have-
Bentley: I have a question.
Rountree: Okay, Mr~ Bentley.
Bentley: Item No.2, Page 4, it says this matter is remanded back to P & Z
Administrator for further action. Is this correct procedure?
Gigray: Mr. President.
Rountree: Mr. Gigray.
Gigray: Councilman Bentley, members of the Council, the reason that language is in
there is because that is the -- Administrator's the one that issued the permit, and it was
f
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 12
denied based on that one portion of the sign, and you've overruled the order of the
Administrator by this order, so you remand it back to her in accordance with this
decision as this says so that she can then go ahead and issue the remaining portion of
that sign. And that's the reason that language is there.
Rountree: Thank you.
Bentley: Okay. Thank you.
Rountree: Any other -
Bentley: I have none.
Rountree: -- questions, comments?
Bentley: (inaudible)
Rountree: I need a motion.
Bentley: Mr. President.
Rountree: Mr. Bentley.
Bentley: I move we approve the order granting the appeal overruling of Planning and
Zoning Administrator's denial of an electronic message center portion of the Idaho
Independent Bank sign in order of remand.
Bird: Second.
Rountree: It's been moved and seconded to approve the Findings of Fact and
Conclusions of Law which overrules the denial of the sign in Item No.7. Roll-call vote.
Councilman Bentley.
Bentley: Aye.
Rountree: Councilman Bird.
Bird: Aye.
Bentley: Councilman Rountree.
Rountree: Aye. I'll choose not to vote.
(
I
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 13
Bird: He has to vote.
Rountree: Do I have to vote?
Bentley: Yes, you do.
Rountree: Well, since I made the motion, aye.
Bentley: You thought I was kidding.
(inaudible audience discussion)
Rountree: Tell Ron he can come back now. He's not missing all the fun.
Gigray: You all want him back, don't you?
Rountree: I believe we're now where most of the audience wants us to be, and that
would be with Items 8 and 9. Before we open the public hearing, just a little
housekeeping for all of you to make it potentially easier on us and as well as easier for
you. We would appreciate that you all give us your thoughts, your concerns, our issues,
both against and for, but to limit your comments to no more than three minutes and to
try to limit the number of times that the same kinds of things are said. We're looking at
a 25-item agenda tonight, and we'll be here until sometime tomorrow, and I don't think
you all want to be here that later either, so just a word of procedure. The way the
hearing will go will be very similar to the hearings that you all attended, or at least some
of you attended at Planning and Zoning. The applicant will make a presentation to tell
us about what it is they're proposing. You'll have an opportunity to testify before the
Council. The applicant will again have an opportunity to address any questions or
issues that are brought up during that testimony period. The Council will have a
discussion on that, and the Council will ask questions of both the appicant as well as
those who are testifying, if they have questions. At the end of that, we will close the
heaering, there'll be a discussion, and then the Council will make a recommendation as
to where we go from here. But again, probably for all of us this evening, I know we've
got people who have been standing out there since 6:30, and I wish we could
accommodate you all, and maybe if nothing else comes out of this, the need for a new
City facility of some kind. Got to put in a plug when I can. And again, I welcome you all
here this evening. I know a great number of you are here for the first time in terms of a
City Council meeting, and I don't know how it will turn out for you, but at least I ~ope
you feel and walk away that you've been treated fairly. So with that, I will ask ~ne more
question. We have two public hearings on this particular item. One is for annexation
and zoning, and one is conditional use permit. The annexation and zoning deals with
whether or not this piece of property comes into the city, and if so, how it will be zoned
and what kinds of uses could then follow. The conditional use permit is a permit or a
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 14
request to do a certain kind of use, presuming it's annexed and zoned. Now I have the
option of asking you all, would you like to have or would you consent to having both
hearings opened up at the same time to save having to go through essentially the same
kind of process twice, or is there enough of you that would like to see two separate
hearings, and I'll do that by a show of hands, so is there anybody in the audience that
would like to see two separate hearings? And I can't see everybody out there, and I'm
(inaudible) hear what I'm saying. Is there anybody out there that would object to that
procedure? Do I have any objections from the Council?
Bird: No. I think it's a great idea.
Rountree: Or Mr. Gigray?
Gigray: I think it's preferable.
Rountree: The last item I'm going to do, is I'm going to open up the agenda at this point
in time and take recommendations from the Council on if we will close our consideration
of hearings at a certain time this evening. Mr. Bentley.
Bentley: Mr. President, as we've done in the past, I think it would be my preference to
close the public hearings at 1 0:30 so we can continue with the rest of our agenda.
Anderson: I concur with that.
Rountree: Concur that - so for those of you who are hear for another public hearing,
we will not open up another public hearing after 10:30. Hopefully we can get through
most of them if not all of them, but if we get to a point where it's 10:30 and there's a
couple public hearings left, we will reschedule those to our next regularly scheduled
meeting. I hope that's not a great inconvenience to you, but really at that point in time, if
you're having a public hearing at that time in the evening, you're probably not
necessarily getting the full benefit of everybody's thinking processes at that late of time
in the evening.
8. PUBLIC HEARING: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15
ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL
(FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -
NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: (ATTORNEY
TO PREPARE FINDINGS)
9. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI-
FAMILY HOMES BY 5UNDANCE, LLC -NORTH OF OVERLAND ROAD AND
WEST OF LOCUST GROVE: (TABLE UNTIL 10/5/99)
c
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 15
Rountree: So with that, I will open up public hearing for the annexation and zoning of
20.35 acres for R-15 zoning of land for the proposed 300 units of multi-family rental by
Sundance, LLC and the public hearing for conditional use permit for 300 units of multi-
family housing by Sundance, LLC north of Overland Road and West of Locust Grove.
To have the applicant here to - Shari, do you want to go first? City staff to make a
presentation and will be followed by the applicant.
Stiles: President Rountree, Council members, this is for a piece of property located
south of 1-84. This location is where the existing Better-Built Homes is, the
manufactured homes that's used as the sales lot along the freeway. This is the
Playground RV park, across here is the Sportsman Point Subdivision. This is still
vacant land at this point here. The Treasure Valley Baptist Church is here. That was
an application that you acted on the findings earlier that would have been this piece
here where the roofing business and the church is going to expand. There is an
application for this property that will be before you in a couple of months. The property
is currently zoned R-T. There is a section that is adjacent to the freeway that is zoned
C-G. They are requesting a zoning of R-15 to allow for a 300-unit apartment complex.
This will be the location at a future overpass across the freeway, and consideration will
need to be made tor future right-at-way dedication to allow for that overpass. The
applicant has submitted a new site plan, however, I didn't have an 8-1/2 by 11 that I
could show you tonight. They have incorporated some of the changes we'd requested
as far as additional buffering on the interstate and along Overland Road and showing
the fencing details. It also is a little misleading because the application that YOLl have on
their site plan that shows that they have open space of 51.5 percent, obviously, that's
including the parking lot area, and they need to exclude those areas as part of their
open-space requirement. It does appear to meet the requirements of an R-15 should
that be your decision to zone it as such. The Nine Mile Creek traverses along here, and
they would leave that open with fencing approximately five feet off of the eaSerTlent line.
They're showing a maintenance shed. You all have the elevations in your packets to
show what the buildings would look like.
Bird: Pull that over a little farther so it shows Locust Grove. How it drops off onto
Locust Grove.
Stiles: They are showing one access here, I'm not sure if that would comply with what
Ada County Highway District is requesting or what the future plans for an overpass.
They're showing an emergency access in this location, and then just the one access
onto Overland Road.
Rountree: Mr. Bird, talk in the mike, please.
Bird: I'm sorry. Shari, is that enough access for that many planned development?
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 16
Stiles: I don't know if Ada County Highway District has made any comment on whether
it's adequate. Obviously this access up here's going to go away once the overpass is
there, and I'm not sure that this access is still going to work once the overpass is
constructed. I don't know what the future design of that overpass, whether this will still
meet the access requirement. I believe the Ada County Highway District counts used
vehicle trips per day of about six or seven for an apartment complex per unit.
Rountree: Folks, it's going to be a long night. I know how you feel, but - Shari, the
parcel on the east, is that one ownership?
Stiles: This parcel right here?
Rountree: Yes.
Stiles: Yes. I believe that is the gas -
Rountree: They own all ot that.
Stiles: -- facility. 2400 additional vehicle trips per day was what the Ada County
Highway District report stated.
Rountree: Any other comments or questions for Shari?
Anderson: I have one.
Rountree: Mr. Anderson.
Anderson: Shari, that emergency access, is that through the existing mobile home or
manufactured home sales that's along the freeway, or where is that where they get in
that from?
Stiles: It would be the existing entrance that's -
Anderson: So would that manufactured home sales go away or they would be driving
through their car lot?
Stiles: It would go away. Their property - the proposal and the conditional use permit
goes clear to the Interstate 84 right-ot-way.
Anderson: Are there any improvements that are planned along the Nine Mile drRin
other than just a fence?
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 17
Stiles: They haven't indicated anything. They are showing some landscaping, fencing
and landscaping. They're not showing a pathway.
Rountree: Any other comments? Any other questions for Shari or our other staff
members?
Audience Member: I have one. How many -
Rountree: No. Please, the Council gets to ask the questions.
Stiles: I'll answer that.
Rountree: Go ahead.
Stiles: The letter we got from the school district said that "these homes, when
completed, will house 99 elementary-age children, 75 middle-schaol-aged children, and
68 senior-high-aged students. Even though we are in a difficult position and need your
help in dealing with the impact on growth on schools, we will approve this development,"
and it's signed by Jim Carberry, Joint School District No.2.
Rountree: Thank you, Shari.
Anderson: Thank you.
Rountree: You through?
Stiles: Yeah, I'm done.
Rountree: Now, is the applicant ready to make a presentation?
Cooke: Thank you.
Rountree: If you'd introduce yourself; name and address.
Cooke: My name is Peter Cooke. I'm from Salt Lake City, Utah. Tonight what we'd like
to present is the overall view of how we see this development, and we'll have first that
presentation. I've also brought with us with (inaudible) some of the developments that
we're doing, and we'll get into that discussion about how, in each case, on every
development we've done, and the last two where we have major enhancement of the
areas we've been in, including a development where we own the total side, and we will
be developing homes around this about a quarter of a million to over $800,000 homes.
I know there's been some question whether - how this impacts the community, and
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 18
we'll talk a little bit to that. So I'd first like to ahave Keith give you a presentation of the
site plan and how it'llloak, and we can go from there.
Bennett: Okay-
Rountree: If you'd introduce yourself and please use the mike.
Bennett: Keith Bennett with PFC Development, and I'm here to discuss the portion of
the plan that deals with the site plan, and then we'll go to other issues. Basically, we
worked with the planning staff on the development of this site and came to the Planning
Commmission and incorporated all of the recommendations and requirements that they
brought to our attention in the Planning Staff Report. Some of that is where on
Overland Road and Locust Grove Road in the master plan development in the long-
term of the city, both streets would be widened to a 96-foot right-af-way, 48-foat center
line-af-road easement which would require, number one, that both streets, at the staff's
request, would be planned to accommodate that extra width to begin with. In
conjunction with the traffic report and requirements that they placed on the first review,
we responded as well and the desires that they had to not only show the street as an
improved intersection to its full width on both sides, but also to bring in the main
entrance at least 315 back from the new proposed intersection widths and additionally
the secondary entrance, which is what they required as well, coming up on LOCL~st
Grove which is well back from the freeway that would be able to be maintainect. Since
the plan that was shown in the overhead, it was also shown in the Planning
Commission, that the emergency exit that we initially showed would not be used
because of the projected overpass on the freeway. So we responded to that showing
that as not being access and doing the two accesses as was indicated by the Planning
Staff Report. Additionally there were concerns of keeping proper setback and open
space for the overall site, and this site compared to the previous one, again, we
responded by bringing in a 35-foot landscape buffer including - which includes the Nine
Mile drain as a 35-foot buffer back, a 35-foot buffer along the entire 1-84 corridor, a 20-
foot buffer along the gas company's property, and then additionally 35 feet back from
the widened width of both streets as well, giving us the buffer all around that was
required by staff, and we responded to that. The site itself is made of 25 12-plex
buildings. They're organized in groups of two and three bedrooms with two floors of
three-bedroom units and one floor of two-bedroom; the two-bedroom being on the top
decreasing the mass. And we can show that in elevations later. Basically, these units
then give 100 two-bedroom units and 200 three-bedroom units is our mix for a tutal of
the 300. We're proposing major entry feature that would come into a clubhouse with the
ammenity package of pools and spas, the sports court, and then by maintaining the
entire interior core as green open space. Now, why bring up this - this is the landscape
architect's rendering of the site. It is also responding, we have given those plans to the
staff of the tree requirements, and they're proper (inaudible) to meet full requirements of
the landscape requirements on the interior of the site, but what you see is a major
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 19
interior green space that is shared by all. And when we calculate the acreage and
break down the building area, the parking area, which is not part of the open space, and
the building area, we come up with 52 percent that is just green; that is not building, not
asphalt, not parking, so we have over 50 percent of the site as green, open space. The
idea was to really do something that could make a difference in apartment living that
would be attractive for people to want to be here; be part of the community, be
neighbors, and be happy to live here versus anywhere else. And we have proposed in
your packets, as you have, the elevations that use stone and cedar siding and
articulating the massing with balconies and entryways that respond to a project that has
a richness to it and a character to it that would become an attractive area for everyone.
*** End of Tape 1, Side 1 ***
We're only at 14.8 units per acre. We could ask for 30 units per acre, the R-30, but with
R-15, we're at 14.8, so we're less density than could have been asked for for this site,
and the parking is handled with at least two styles per unit, and all that being off-street
so there's no parking counted for the street. Basically, should we go into the renderings
and the buildings? We have boards that show a similar project.
Rountree: Excuse me, Keith. If you could kind of walk those by here. Myoid eyes
can't make out those -
Bennett: Do you want me to stand in the middle, do you think?
Rountree: If you could maybe bring them up here to where we could see them and then
maybe get them to where the audience could see them.
Bennett: Okay. You do have them in your handout. (inaudible) hold that one right
there. Turn to that page. I don't know - it's about half way into the book.
Rountree: You might just set that up folded up for the audience to see.
Bennett: Do you want me to address - them or you?
Rountree: No. They're going to want to see as well.
Bennett: Okay. This is a project that we're developing in Utah in the mountain area
near Park City, and I wanted to carry that same kind of theme and feel into this project
as well. The project is called Todd Hollow, but the elevation is shown here with some of
the aesthetics of what we're looking at; the massing is 2-1/2 story. It's in the 35-foot
limit of the height of the building that meets the current zoning codes with one-half level
down so that we have a 2-1/2 story elevation. The first level having a canopy element
that brings the elevation down, a roof element that uses architectural-grade asp:lalt
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 20
shingles, and then having cedar siding, board and bath as well as having shake ciding
with stone venier on the colu'mns and the entries as well as a log look to bring a ';:eel of a
rural element to the site and not using stucco materials, et cetera, that other apartments
have done, and we've done in the past. This is trying to be warmer. We've probably
used earth tones and greens and have a feel of the mountains come down to the valley
and creating an ambiance there that can really set this community apart and be unique
and be an exciting place to be, a destiny to be - a destination to be instead of just
another community. This has the feel that we want to bring of the log look and the
mountain look back to the valley and bring in landscaping that could respond to that and
have a richness of the community there. We have tried in all of this to meet the entire
requirements of the Staff Report; we have no objections to the Staff Report; we have
responded in all the requirements that the staff has asked for on the site plan and in the
design of the layout to meet their requirements and ask for your approval of this
because it is going to be an exciting place to live.
Cooke: One last question -
Rountree: Get you on the mike.
Cooke: A question that came before was do we own these, and do we keep them, and
do we maintain them. And we do. It's not one of those where you sell off of our
development agreement requires us to be there and maintain those and keep those for
the - actually our developer (inaudible) comes from that, so it's important for us to keep
the development moving and working and being successful. We do feel like this
property has its (inaudible) Planning and Zoning meeting that this is good use for this
property right next to the freeway, as the Planning and Zoning agreed; it'll blJffer the
community from the industrial as it's near there. We also felt, really important for us
to -- Brian loved it, but we have not seen a development of this quality around. I said
we haven't seen in this area or in Boise or in any of the areas a project of this quality,
and we really feel that the openness and the green space will enhance the community
and be a very positive feel as you move forward and grow. I think the issue is that,
obviously, a lot of development's going to stop because the sewerability, which we were
able to meet that requirement, and we're very excited about obviously the expansion
and the road to be able to have their access and bring those from both sides of the
freeway over, so we're excited to hear everybody's comments and we'll go froln there.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: Would you have him re-identify himself?
Cooke: My name is Peter Cooke.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 21
Bird: Thank you.
Rountree: Thank you. Council, any questions of the applicant?
Bentley: I have one.
Rountree: Mr. Bentley.
Bentley: I don't have a question of the applicant at his time. I wonder if it wouldn't be
better to use the big mike over there at the table so maybe they can hear better.
Rountree: Yeah. That one does not have - is not hooked up to a speaker.
Cooke: Should I go through what I just went through?
Rountree: No, that's fine.
Bentley: Could we get someone to move that over there?
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: This is the latest site plan that has been submitted to the staff?
Bennett: This is the site plan that was submitted to the staff prior to the, or with the
Planning Commission, and this is the site plan that the Planning Commission approved.
Bird: Okay. Thank you.
Rountree: Are there any other questions for the applicant? Do you have anymore to
present at this point? Okay. Thank you. Having the presentation from the applicant
and the staff, we'll now have an opportunity for testimony from the public. Probably do
the easy thing here first. A sign of those who are wanting to offer testimony in favor of
this proposal.
Bennett: They must all be in the hallway.
Rountree: They must all be in the hallway.
Bird: They're all lost.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 22
Rountree: Okay. Thank you. Now, again, I would request that we're going trJ open up
the testimony for those who are opposed. I will recognize those individuals, have you
come up here, you need to give your name and your address, and then offer your
testimony and try to keep it within that three minutes, and try to keep from repeating too
many times. If you all want to testify, we're going to be here awhile tonight, so let's get
going. Let's just start up front here, and I'll choose back and forth. If this gentleman
wants to testify first, thank you. And Glenn, let's get that microphone over there.
Bird: Just pull the whole stand over there.
Sloan: Thank you. My name is Mike Sloan. I live at 794 East Martinique Drive in the
Meridian Greens apartment complex. I have a couple things I'd like to present to
Council. I've been asked to represent many of the neighborhoods in the area that's
affected by this apartment complex (inaudible) petitions that we have signed. We have
in excess of 800 petitions signed here, and I'd like to get these entered into pub,ic
record if I may.
Rountree: If you'd get those to the City Clerk. Point of clarification: 800 petitions or
800 signatures? One petition?
Sloan: Sorry. Eight hundred signatures all voicing opposition to this project. I've also
been asked by the Meridian Greens Homeowners Association to officially present to the
Council a statement of concerns that we have. Again, I'd like these documents entered
into the public record, and I would like to go briefly go through the top concerns.
Rountree: Fine. If you want to turn them in now or when you're through.
Sloan: OUf top concerns that we have listed there are all dealing with our public
infrastructure system. The top three that I'd like to talk about are public schools,
automobile traffic, and police and fire protection. As has already mentioned, we're
going to have an influx of approximately 240 students into our neighborhoods, and this
is going into an area where the public schools are already at capacity or over capacity.
This has been reviewed a great deal, so we don't need to go into much detail, but we
understand that new schools are going to be opening soon, and yet these schools are
going to be located far across town, and we don't understand the plan for how this
increase to the public school system is going to be addressed. So that is our first
concern. Our second concern is automobile traffic. Traffic on Overland has increased
dramatically over recent months. This is due to the construction on Interstate 84 and
also the addition of new recreation areas such as Boondocks and the water park that's
there. Overland is a very dangerous road at this time, and we understand that there is a
project to widen the roads, but this is not scheduled for completion until 2004 which is
well beyond the timeframe for the completion of the proposed apartment community.
The traffic at Locust Grove and Overland and at the entrances of several of the
(
(-
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 23
subdivisions often back up which creates a very dangerous situation, and this apartment
community with 300 more families would undoubtedly increase to that, as we've heard,
to the tune of 2400 more car trips per day. As I said, Overland is a very dangerous road
already. The added traffic could easily provide ample opportunities for many tragic
accidents. Finally, the increased traffic density could slow response times for police and
emergency vehicles for the community, and we'd like to hear how the increased traffic
will be addressed so that we don't have any public safety problems. The third concern
that we have is for police and crime prevention. Assuming a crime and emergency
rates per person remain constant, the rapid addition of approximately 1 ,000 people will
increase the number of reported emergency incidents into our part of Meridian. This
increase will undoubtedly require additional police, fire and other resources to patrol and
handle the emergency problems concentrated in our area. And given the recent
announcements for budget cuts for the Meridian Police Department, this seems like a
- very immediate problem. On the subject of the police budget, Meridian Police Captain
Dave Bowman was recently quoted as saying, and I quote, "We are not keeping up with
the growth. In fact, I think we're falling behind." This is a current situation independent
of any additional growth. We need to hear how our police and fire protection is going to
be addressed given this proposed growth. So, a summary of adding 300 families to a
small city can have a major impact on supporting infrastructure, especially if the addition
is concentrated on one area over a short period of time. One way to partially alleviate
this impact is to spread out the growth, both in space and time and to try to incr~ase the
infrastructure at the same rate as the population is increasing. We at Meridiar, Greens
are deeply concerned about the ability of the City of Meridian to add infrastructure
capacity to handle the Sundance project. We're also concerned about the cost to the
local residents and our safety, the money and the quality of life to proceed with this
project. We request that the Council reject this approval for this project until the
infrastructure in this area has been developed to handle the requirements necessary for
the planned growth. Thank you.
Rountree: Folks, if you'll applause for every one of you, it's just time against testimony.
I hate to keep grinding on it, but it's a long night. Any questions for Mr. Sloan?
Bird: I have none.
Rountree: (inaudible) Ma'am. Question? Do you want to speak? Oh. You broke it.
Now you have to buy us one.
Martell: My name is Marian Martell and I live at 2534 South (inaudible) Falls in
Meridian Salmon Rapids Subdivison which Salmon Rapids lies along Locust Grove.
From what I am hearing, to accommodate this complex will require enlarging both
Overland and Locust Grove. I am deeply concerned about the enlargment of Locust
Grove. This will have a horrible impact on all our homes. It will take our con1mon area
away, all our landscaping, it even is cutting into the yards of three people in our
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 24
subdivision. It is absolutely horrendous. We moved here to be in the atmosphere we
enjoy, not to be in the middle of a metropolitan area. And most of the people who have
moved here, these are not beginning homeowners. These homeowners are some
people retiring, some people still working, but these are final homes for many people.
We don't want to see our area impacted in the way it's being impacted with these things
that are going on. I haven't heard a hearing, I haven't heard anything given to the
people to have anything to say about the enlargement of Locust Grove which does have
horrendous impact on the homeowners along Locust Grove. We are disturbed about
the quality of life changing. We are disturbed about the traffic, of course. We're
disturbed about the lowering of property values which will happen if you change this
area to a high-density area. We moved here because it is a low-density area, and I
respectfully request that the members of the Council keep their obligation to the
taxpaying residents who live here. Thank you very much.
Rountree: Please. Please. (inaudible)
Bentley: If I may respond to (inaudible) is in regards to Locust Grove and Overland
Road, those have both been scheduled and planned out to be widened out for many
years. As most of you know we have a very poor north-south flow for traffic. The plans
are for (inaudible) Locust Grove as well as Linder, and hopefully the Ten Mile
interchange. Because we've got east-west flow, but we definitely do not have north-
south and Locust Grove, even before it was subdivided with these subdivisions out
there has always been planned out to be widened out, so this isn't something new
because of this project. Thank you.
Jarvis: Mr. President, members of the Council, my name is Scott Jarvis. I live at 2048
East Three Bars Drive in the Las Alamedos Subdivision. My family and many Of my
neighbors and I are opposed to the 30Q-unit apartment complex that's being proposed
for the corner of Locust Grove and Overland. We presented over 800 signatures of
nearly 1,000 homes in the immediate area that would be affected by this development.
Last week my neighbors and I have gathered just over 110 signatures just from our
subdivision and the neighboring subdivisions alone. Like my neighbors before me, we
do not believe the infrastructure presently exists to support the nearly 1 ,000 people that
will live in this complex. With this complex at full capacity, the population of Meridian
will increase by nearly three percent overnight in a very small geographical area. Some
of the primary concerns we have, like have been expressed by others, is traffic. The
ACHD says a widening of Overland Road is not planned until at least 2004, so nearly
five years away. During peak traffic hours, Overland's an extremely busy road. If
there's any kind of backup - especially if there's any kind of backup on 1-84, it's used as
an alternate thoroughfare. Adding 500 cars to the mix during peak traffic hours coming
and going to single location will create major problems. New residences develop new
traffic patterns. If you're trying to get into this proposed complex turning left to cross
Overland Road, you'll have traffic backing up all the way to Meridian Road as p~ople
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 25
wait to be able to turn. Without additional traffic lanes or turn lanes due for almost five
years, Overland Road will become a virtual parking lot. We're concerned about the
schools as mentioned before. All the Meridian schools are presently at or over capacity.
Any children in this complex will (inaudible) need to be bused nearly across town.
We're concerned about what this'll do to the quality of the schools and the education our
children will be receiving in an already crowded school system. We're concerned about
fire and safety, especially given the fact that the ability to get in and out of th;s complex
seems to be pretty restricted with a single primary entrance. There are no sidewalks
along the street. If people want to walk along the sidewalk to get to Boondocks or
anything, they have to cross an extremely busy street, especially when the street's
widened. There are no sidewalks, there are no crosswalks, there are no street lights.
It's an extremely dangerous way for 1 ,000 people to cross if they wish to take a walk or
to get across the street. Summary: adding 1,000 residents to our neighborhood will
have a major impact to the area. I want to get it clear, we're not anti-growth. We're for
growth if it's done in an intelligent planned way that won't adversely affect the quality of
our life, and we recommend - strongly urge to Council not to approve this.
Rountree: Any questions for Scott?
Bentley: I have none.
Bird: I have none.
Rountree: Over here, ma'am.
Babbitt: My name is Freda Babbitt. My address is 2570 South Locust Grove Road.
I've lived on South Locust Grove Road for 35 years. In that 35 years, until last year,
that road was never even paved except for the first time it was paved which was 20
years before. Now you're telling us that we're going to add 300 more people, 300 more
units or over 1,000 people down at the end of South Locust Grove. It's a dead-end.
There is in the five-year plan a plan to go over the freeway. That five-year plan doesn't
mean it will be done in five years. It can be ten years until that overpass is put in. All
this time, this traffic is going onto Overland Road. You, at this point, during the nlorning
rush hour, traffic is tied up for almost a mile on Overland Road. You can't get in and out
without sitting in line for sometimes 15 minutes. This is a rural area; it's always been a
rural area. We do not need this type of density. Right now you've got (inaudible) on
Overland, you've got the Coke plant, you've got a church. Those are good uses to put
between Overland and the freeway because there isn't a type of density of cars, of
families. You're still getting your tax dollars from all those businesses that are over
there. So it's still going to benefit the City of Meridian. It's zoned R-T right now, and I
take it that means commercial. Can you tell me what the R- T rating is?
Rountree: It's rural transition and it's in the county.
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MERIDIAN CITY COUNCIL MEETING
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PAGE 26
Babbitt: So it isn't even in the city limits at this point and that's what we're talking about.
All of the subdivision, Las Alamedos, when it was put in, it was put in as R-4, all of the
other subdivisions are R-4 to keep the density down, and that was fought for and won
here at Council Meeting b~cause they wanted to go to higher density than some of
these other areas. We don't want the higher density. We do not want R-15. It's too
many people in too small of an area. Thank you.
Rountree: Any questions?
Rasmussen: My name is Sonya Rasmussen. I live at 1395 East Peacock. I'd like to
start out by saying that I participated in the comprehensive planning workshop last week
and thought that there were a lot of committed community members who felt like I did,
and that is that Meridian is growing too fast. We were concerned about the roads,
schools and lack of parks. I feel that we are giving thoughtful input into the new
comprehensive plan in hope that you, the City Council, will follow what the public has
outlined and what will be the new comprehensive plan and will not be persuaded by
developers to change these plans. I was also on the Meridian School District
Boundaries Committee. We worked hard and anguished over the growing number of
developments that were in the planning stages. We realize that the new schools that
would be opening next fall would be opening too close to capacity. We could not offer
much relief to many of the existing over-crowded schools. The City of Meridian cannot
handle the current growth rate. The schools and the roads are in jeopardy. I mcved
hear a year and a half ago from a city that was close in size to Meridian. It grew so fast
that the home prices soared. Before long, there were no homes affordable to young
families starting out and trying to make ends meet. So the City built apartments. They
felt this was a solution to the problem. You can build the most beautiful apartments with
the best materials, but you cannot control who lives in them. Even though these were
very nice apartments, crime and drugs in the area went up. The police often stated that
the result of the crimes were from tenants of the local apartments. We live three miles
away from numerous apartments, and my family and surrounding neighbors were
burglarized several times in the last two years before we moved here. The City should
have built affordable starter homes so families could pride in ownership. I urge that you
provide people with the opportunity to afford their own homes so they will be able to
make a commitment to our community and schools. I know what I'm asking is not cost-
effective and that everything comes down to money. But isn't Meridian worth it? I know
the proposed apartment complex will not increase the qu~lity of life here in Meridian. It
will decrease it. I feel very strongly that we need to make Meridian a city that we can be
proud of 20 years from now; I can look back and be proud of it. At the August 2l)th
Planning and Zoning meeting, Peter Cooke, the developer of the proposed arartment
complex said he would provide names and numbers of his other apartment properties to
those who had signed a petition prior to the meeting. We were supposed to be able to
contact other compexes he built so we would be reassured that he was maintaining his
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MERIDIAN CITY COUNCIL MEETING
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PAGE 27
properties. Because he did not follow through on this agreement, I question if he will
follow through on his commitment to maintain this apartment complex on Overland and
Locust. He also stated that night that he could feel our pain. I ask you, the elected City
Council members, to vote no on this apartment complex and let Peter Cooke feel the
pain. Thank you.
Rountree: Folks. I'm going to ask you one last time, and then I'm going to close the
hearing. We've got to keep control of this. I know you all are very emotional about this.
We need to hear what you have to say, and your applause don't help, and it takes
away from time, please, please, I ask you. Over here.
McCoy: My name is Barbara McCoy. I live at 1692 Sportsman in Meridian. When my
husband and I moved to Sportsman Pointe a year ago, we were very attracted to the
area. The subdivision and surrounding area seemed very well planned out with rlice
subdivisions, well kept yards and low-traffic commercial buildings along the Overland
Road next to the freeway. If the (inaudible) live in. When we were notified of the
proposed 300-unit apartment complex to be built on the corner of Locust Grove and
Overland, we were very concerned about the effect (inaudible) have on our
neighborhood. I testified at Planning and Zoning that it just didn't seem to fit in with the
surrounding area because there were no other apartment complexes in that area.
Other people testified of their concerns of crime, traffic and burden on the schools.
Well, as you know, Planning and Zoning has approved the change, and as you've
heard, it's been mostly concern about the apartment complex, but not the surrounding
area. According to Tammy DeWeerd, her reasoning was because of the high-quality of
materials, the construction materials, and the developer is going to work with him. But
what about the area of the people that are already there? There's been no concern
about the compatibility of the area or what the effects that it would have on our property
values. Let's see. We've already talked about transportation that there's been no
concern about the future plans for that. Because of our frustrations over the lack of
responsiveness of Planning and Zoning, which I would have to say is zoning and not
necessarily planning, a neighbor and I attended the recent comprehensive pia.,
workshop. One of the issues that was brought up by other people at the workshop was
that Meridian should have a variety of land uses, but that the land uses should be
planned so they are compatible with the surrounding areas. They shouldn't have to
(inaudible) rather than devalue the existing properties. Others in Meridian agree with
our contention. Another issue is (inaudible) brought up at the meeting was that
Planning should ensure adequate public services including transportation. This was
certainly not considered fully during the Planning and Zoning votes. At the workshop, a
current land-use map for the Meridian impact area was shown, and I have a copy here
of the relevent area, and currently the land-use map, which is not the zoning map, but
it's the land-use map that should be - that's being used in the comprehensive planning
process, it shows that every impact area south of the area is either low-density housing
which (inaudible) are last, and as we heard previously, this apartment complex is 14.5
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 28
units per acre rather than less than five. There's also commercial along the freeway,
one small industrial section along the freeway or agricultural transition. And the current
spot, as we've heard, is high-density housing; 14.5 per acre. I asked, think her name is
Shari from Planning and Zoning, where the nearest high-density land use was from our
area. She looked at the map and said Rose Park, which I believe is on Franklin Road;
the other side of the freeway, clear across the freeway. No one in their right rraind, I
believe, really cares for the value and integrity of our community would want a high-
density apartment complex in an area such as Locust Grove (inaudible) such an area
of low impact and very well planned out community that's very attractive for people and
high values. Apartment complexes have (inaudible) but let's not make rash decisions
just for the developer's sake. If Planning and Zoning doesn't want to consider
appropriate land use, they make (inaudible) and put something in just for the
developer's sake rather than look at the surrounding area. Apartment complexes do
have their place, but let's use the (inaudible) map and do some planning for the future.
Let's find places where apartment complexes and has the value rather than ruining the
surrounding area. Thank you.
Rountree: Any questions?
Bird: I have none.
Rountree: The gentleman in the back.
Scott: Mr. President, members of the Council, my name is Dan Scott. I live at 1629
South Labrador Plaza. I moved into my residence in March of this year. My residence
backs up to Locust Grove, so I'm all familiar with the traffic. What I want to address is
the crime problem which we're going to be looking at. I'm a retired police officer. I was
a police officer for 22 years. I was raised in a town in central California that was about
he size of Meridian, 20,000 that it just exploded, and the services didn't keep up. I can
tell you from my personal experience that your police department is going to running
their tailends off as this area grows if you don't keep up. I have no problem with the
widening of Overland. I think they could do that tomorrow and it would satisfy me. But
all the pretty pictures in the world in Park City, Utah don't mean diddley squat to me
down here in Meridian, Idaho. I moved here because of the low density, because it is
an area that's clean, and because I can drive down any street in Meridian and Boise
and not see one sign of graffiti, and you don't know what that does for me comif1~ from
where I came from. But, I can attest to what's going to happen. I understand that part
of this project is going to be dedicated to low-income, and my experience and our
experience in the city where I worked as a police officer was it starts out that way, then,
boom. Because nobody else wants to move into them per se, the whole thing goes
Section 8, and the next thing you know, you've got - you know, we're in and out of there
all the time. Point of fact in this, I was medically retired due to two back injuries I
sustained within 60 days in the same apartment complex in disturbances, in fights. And
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 29
these are common. And people would call for service, and you're going to experience it
here, believe me, if you let this explode, you're going to feel it. We couldn't handle
regular calls. All we handled were emergency calls. Friday night, Saturday night,
Sunday night and Monday night, it didn't matter what night of the week, we ran 24 hours
a day back to back, and if you had a traffic accident, you didn't get a police officer
unless there was an injury involved, and I don't think that's what you want in Meridian.
I know it's not what I want in Meridian. That's - you know, I moved here because my
ex-wife moved here, and I came because my kids were here. And I found what I think
is a jewel in Meridian. I'd like to see it stay that way. I think the zoning along the
freeway should remain commercial. I think there's already commercial establishrnents
there. I think, you know, with the overpass there, even with the widening of Locust
Grove and Overland is going to be one hellascious traffic problem with just two
entrances in and out of this place, and all the pretty talk and all the pretty pictures in the
world aren't going to change that. And when you start having fatalities out there, then
you're going to realize it. Thank you for your time.
Rountree: Thank you. Ma'am.
Develle: My name is Robyn Develle. I'm at 1878 East Doberman Drive in the Raven
Hills Subdivision. I would just like to address, again, the issue of the subsidized housing
and ask you to please take a look at what happened with the Blue Willows Apartment
Complex on State Street. You know, miss, and I forgot your name, but you chuckled
when this gentleman mentioned that the whole thing would go to subsidized housing,
and that would be low-income. I saw you. And I can attest to the fact that my friends
were scared to death when their apartment complex started being a lot of low-income
families and subsidized housing. We saw it in kids running around unsuperviser~ all the
time. The apartment complex became over-run with unsupervised children. Number
one, it's just an added crime problem, and then, two, they were coming over to my
house when they were scared to death as meth labs began to be noticed in those
apartments and being disassembled. So, I would just encourage you guys, please, take
a lesson from that. I hope, you know, I only had heard rumors of the subsidized-income
housing, but I would hope that it's not true or that you'll reconsider that. Thank you.
Rountree: Thank you. Sir. Excuse me for pointing, but I've got to get to you some way.
Kohli: My name is Akash Kohli. I live at 2095 South Elkhound in Sportsman Pointe.
I'm concerned about the safety and the -
Rountree: Excuse me, Akash. Could we have you spell your last name, please.
Kohli: K-o-h-I-i.
Rountree: Thank you.
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MERIDIAN CITY COUNCIL MEETING
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PAGE 30
Kohli: Increased traffic will make the Overland Road there very dangersous. i'm
concerned about the safety on the road. What I want to emphasize is that at least on
the Overland Road, if you look between the Meridian Road and the Five Mile, it is a two-
lane road with no median dividers. Unfortunately, this increased traffic will result into
higher frequency of accidents. And I'm afraid some of these will be fatal. I'm told this
infrastructure is in place. I suggest we put this project on hold Thank you.
Rountree: Thank you. Sir. And while he comes up, I'll remind those waiting to testify,
remember to try to keep it to three minutes and try to keep from repeating things that
have been said. .
Nowell: I'll make this extremely brief.
Rountree: Super.
Nowell: Mike Nowell and I'm the president of the Hunts Bluff Homeowners Association.
I've not spoken to one person who, in our subdivision, that's in favor of this compex.
Just want to let you know that. All of the points that have already come up here tonight
are the reasons. I'm not going to bring them all up again -
Rountree: Thank you.
Nowell: -- but I do have in my mind the picture of the vast majority of 240 students
waiting for buses at that intersection. I think that's wrong. Thank you.
Rountree: Could you let me know the subdivision again?
Nowell: Hunts Bluff.
Rountree: Hunts Bluff. And you represent the -
Nowell: Homeowners Association.
Rountree: Okay. Thank you. Anybody down on the side of the wall? Anybody back
there? Oh. Right here. I missed you before. Come on up. We don't have any doors,
but come on down anyway.
Campbell: My name is Gary Campbell. I'm at 1682 East Time Zone in Los Alamedos
Subdivision, and I didn't plan to say anything. I just came to observe tonight, but as I'm
observing these proceedings, one thing comes to mind here. This man is obviously
very successful. He'll be successful somewhere else. Perhaps he can be successful
somewhere in our neighborhood or in our area that is appropriate. But by the numbers
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 31
that I see here, the people who are here think that this project is not something that we
want to do, and we're the ones who are going to stay here and live here, and he's going
to go back to Utah, and I doubt ever that he will ever come back here and see if these
buildings are painted or that the houses are taken care of or that the cars, who we are
required in our neighborhoods to keep in garages. This man's neighborhood is going to
have cars all over outside. The next point is, I don't think the City or we, as a
community, are going to be hurt by changing this and turning this over to something that
has a different tax base, like businesses. I know that I've looked at that property and
have made an offer on part of that property to put my business there, and I live just a
few blocks away. That property could be turned into something that businesses who
are owned by local people could be there, and it would also create a tax base that
would help the community without having this problem being caused. Thank you.
Rountree: Thank you. Over here? It's this side's turn.
Diffendaffer: Good evening. My name's Brian Diffendaffer. I'm building a house at
2676 Velvet Falls in Salmon Rapids. Most of the people that have been up here to talk
to you tonight have done an elequent job expressing our concerns. I would like to
challenge the developer about the scale of the buildings on his drawings; I'd also like to
point out to the Council when they're looking at these pretty pictures, that a lot of them
are renderings and just someone's fantasy. Couple of the things I've picked up here as
we've gone along. One of the things that the developer has done is created a main
entrance there. I can't tell from the map, but I can tell you it's not very far, less than
1 ,000 feet, I'm sure, from the intersection. The major artery into and out of the
development, next to what will be an intersection. I don't know how the County's going
to handle it, but I seriously doubt that you'll be able to turn left there. Most of the cars
would have to turn right and travel back up Overland into Meridian to get onto the
freeway. We need to realize, too, that the Eagle Interchange is a very heavily used
interchage: 2400 cars a day there aren't going to help anything. Mr. Cooke has made a
promise that he wouldn't sell the development. But it's verbal to us only. It really has
no meaning. I'm sure he's an astute businessman, and if it benefitted him to sell the
development should it go into decline or for whatever reason, he wouldn't hesitate to do
so. I think that's all I've really got to say. Thanks for your time.
Rountree: Over here. See a hand? Yes, sir.
Dodett: Hello. I'm Scott Dodett. I live at 1391 East Griffen in Sportsman Pointe. I have
a lot of comments, but most of them have been fed, but one year ago and 19 days, I
remember exactly what I was doing. I was rushing home because my wife got :n a bad
accident right there at that intersection. I saw my truck before I saw my wife, and I was
extremely worried. She was stopped for traffic on Overland Road going into the
playground area, the RV park, for a car in front of her turning left. Somebody came up
from behind her and rear-ended her throwing her car, our truck, into the truck in front of
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 32
her. Like I said, I saw the truck before I saw her. And verbally over the phone, I knew
she was okay, but not after I saw that truck. Another 15 minutes for the traffic in that, I
finally saw her and everything calmed down. But I got a lot more gray hairs just seeing
that truck. And 2400 more vehicles in that intersection a day is going to be horrendous.
It's going to be bad. Ada County Highway District went ahead and made Overland
Road a designated truck route just about a month ago. A couple weeks ago, they also
passed their yearly budget. It has zero money for expanding Overland Road. I wish I
had the quote on who said this, but somebody in the Councilor in the Highway District
said it is politically incorrect to have any funding for expanding the roads. They're doing
everything they can with the development and with the population we have. They're
also saying, well, we'd like to do this. I've seen the - I've heard the plans for the
overpass and the road expansion. They say it's going to happen in 2004. Well, I've
also heard it was going to be done a few years back and a few years before tha~, and
when it is going to happen, they say 2004, I don't believe it. Five years with the added
traffic, the added safety hazards with the kids and everything else going on in that area
is not suitable for the neighborhoods. The - you know, I'm a working man. l'm
struggling to make my life better. I bought into an upper-end neighborhood that is great.
It's wonderful. All the subdivisions in that area are similar. They're upper-end, working
class people who are making a better life, and this is not going to help us. You know,
we rely on our budget, we stick to the budget, and then if somebody comes in and just
immediately makes it worse, it's not going to be happy to continue working for that, and
I just would really like to see you annex the property for another reason, not this
apartment complex. Thank you.
Rountree: Thank you. Sir.
Lavado: My name is Dave Lavado. I'm at 697 Trinidad in Meridian Greens, and, again,
like the others, I won't belabor all of the quality of life and impact on the traffic and
things that everybody else have, but I do think we have a very unique situation here,
and that's one where I've stopped to think about where the real closest rental property is
to this area. And it's quite a few miles. So I made a few calls to a couple rea~ estate
folks that I know, and I said, "What would be the impact of rental property on the real
bottom line to the homeowners," which is the folks in this room and who are on the
petition, and their estimates were, without any other real rental property being there of a
complex of this nature, it could be three to five percent. So my question to Mr. Cooke
would be, are you willing to give all of the 800 petitioners on that list compensation at
three to five percent for your property for the impact to us? And my general guess is no,
you're not. So the next question would be to the Council. Are you going to make us
bear the burden of that?
Rountree: Thank you'. Anyone else? Oh. You are going to testify. Come on up. She's
been bugging me all night.
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MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 33
Jackson: My name is Toni, and I live at 1598 East Mastiff in Sportsman Pointe. I wasn't
going to talk, in fact, I'm scared to death, but I fell compelled to say that I have the same
concerns that the other homeowners do, being traffic, schools, these kinds of things.
But I guess bottom line for me is that we've made an investment in Meridian. We've
purchased our homes, we've put our money into our homes. We scouted out ~ur
neighborhoods, we tried to locate areas that were what we felt were good for our
families, that had good environments, that had, you know, low traffic, good schools,
these kinds of things. We did all of the homework to do this, and I worry that the needs
of the many here should outweigh the needs of one person who wants to come in and
do a business, inundate our communtiy with 300 units and then go back to Utah. You
know, he doesn't feel the effects that we feel. We're left here to deal with 2400 cars a
day which, if you've ever driven on Overland Road, right now, it's overflowing. It's
difficult to turn across traffic. It's two lanes. It's not - it worries me that the needs of the
one shouldn't outweigh the needs of the many who have already invested in our city.
And the impacts to us are far worse than the impact to Mr. Cooke if he was to move his
project elsewhere. If our values go down, we lose money. If we can't get out on
Overland Road to get to work, we have to try to find alternative routes or leave early. If
we get in a wreck because we're trying to take chances to get out there because it's so
crowded, we wreck our car, you know. If our schools are overcrowded, and our children
have to be bused somewhere else or they have to rezone to put our children in different
schools, that impacts us. All of these concerns that we bring in here impact all us
individually, as families, and as homeowners. And it concerns me that, you know, I
would hope that you're there to represent us as the citizens of Meridian, and that to take
into consideration how these things impact all of us, because they impact everyone of
us here and every one of us in the City.
*** End of Tape 1, Side 2 ***
Rountree: We have some firemen here (inaudible). Okay. There you go.
Jackson: It's (inaudible) I guess what I would ask, I'm just one person. We're just one
family. We're just one home. But the impacts of a big multi-complex, and I've lived in
apartments when I was young. I understand the traffic - when you live in an apartment,
you don't have a vested interest. You don't own it. You don't - you know, you move in,
you move out, these kinds of things because that's what apartments are there for.
They're there to live and hopefully you move on to your first home and these kinds of
things. And I would hope that as our Councilmen that you would represent our needs
and the needs of the many here, and hopefully take into consideration the impacts that
your decision has on all of us as individuals, because it's a huge impact on us. Thank
you.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 34
Rountree: Thank you. He didn't get that. Could you repeat it? Do we have folks in the
wings back there that want to testify? If you do, would you try to get towards the center
of the entrance so that we can get you moving up here? Ma'am, come on up.
This lady's going to be before you, but thank you.
Fogg-Monchia: My name is Debra Fogg-Monchia. I live at 1429 East Griffen Street,
Sportsman Pointe. I agree with everybody else and what they've said so far regarding
schools, roads. (inaudible) minor - require (inaudible) affect the water and the sewer
system in that area? From what I understand it's also a little bit old, the system as it is
now (inaudible) Thanks.
Rountree: Thank you. Okay, sir. Yeah. You.
Wells: Thank you, gentlemen. My name is Darren Wells. I live at 1725 South Labrador
in Sportsman Pointe directly across the street from the proposed development. I have a
few concerns I'd like (inaudible) you ought to try the crowded section in the back. I
hate to come up here and make jokes and make light of the situation because I felt it
was important enough to come, but I think it really emphasizes the point everybody's
trying to make. Meridian is crowded, it's not prepared to deal with it, you call this a
public hearing, but yet most of those people who are concerned can't even get close
enough to the discussin to hear it. So I think that just kind of re-emphasizes the
problems that we have. That's kind of one way to look at it. There are a couple other
ways to look at it. You can look at it on a modern economic times; everybody's been
reasonably successful. We've (inaudible) as a community appointed you as our board
of directors to guide over and deal with the investment that we've chosen to make when
we've purchased a home here in Meridian, you know, and I understand as a board of
directors, you need to (inaudible) city and do what you feel is best, but your pri~ary job
is to protect that economic investment that the community has made together 3S a
whole in Meridian and to be concerned about other options for places that aren't making
it - haven't already committed to make that economic investment in Meridian, I think is
an error. I appreciate your time.
Rountree: Thank you. Darren, we've got one more seat up here. When it comes to
decision time -
Wells: That actually is my other point that I forgot. I think as a residentf you see a
grand deal of willingness of people to invest time and effort into their community. I
serve on the Board of Directors for Sportsman Pointe; I'm the vice president, and I'm
happy to do it. I think the community I live in is very important. I think it's important that
I watch over and try and provide a good place, a safe place for my children to live. I
also spend a great deal of time, and I come here a couple times a year to sign my kids
up, and I'm happy to volunteer my (inaudible) soccer program, and I just don't think
you're going to get that kind of involvement from residents in an apartment complex. I
understand they need a place to live, and I don't like the comments, well, we're required
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 35
to park our cars in a garage, or we're worried about this or we're worried about that.
You know, these people are people too. They need a place to live just as well as we
do, but I again, the kind of co-habitation of these two different types of lifestyles is
inappropriate in this area. Thanks.
Rountree: Ma'am.
Wilson: My name's Jan Wilson. I live at 1004 East Shepard. I, obviously, am in
agreement with all of the things that have been brought up so I won't say them again.
I've been standing here for an hour and a half or so with the rest of these people. I see
a sign-in sheet here that my husband just signed, but I hadn't heard anything about it.
How do we account for all the people that are here to voice their opinions but don't have
the time or don't come up to say something to you people? Is somebody going to
circulate this or tell people or how do you know how many people were here to voice
their disapproval? I just ask you to take a look.
Rountree: In response, it's not necessarily a vote. It's the quality and the type and the
array of comments that we receive that we consider. So it's not a voting situa.tion.
Wilson: (inaudible)
Rountree: Thank you. Gentleman in the red shirt.
Fogg: My name is Stacie Fogg. I live at 2290 South Tagish in Raven Hills. I am
dressed as an EMT because I work for an ambulance service out of Boise, Idaho.
We've been here for about 20 years. My folks have lived out in this area, and I can tell
you right now that Overland Road is four years behind schedule. It needs to be at least
a two-lane road as it is now, from Meridian all the way down to at least Five Mile
because it is - I was an EMT, there was an accident about a month ago where a guy
didn't want to stay behind a sweeper so he decided to pass somebody. He caused a
three-car accident. What I'm saying is that Overland and Locust Grove is too busy now.
People get impatient, they make a fatal mistake and someone dies. Before this
complex gets built, I can understand how they want to come in and do this. I was
divorced, and I needed a place to stay, and I understand about low-income housing,
and I appreciate it, but before this ever gets developed, the road of Overland and Locust
Grove need to be developed first because people get impatient when they're sitting at a
light for 15 minutes, and they say forget this and go around, and someone gets hurt. I
am concerned about the entrances into this complex. I personally think that they ought
to have at least three entrances off of Locust Grove and another three entrances off of
Overland plus an emergency entrance just because they are a high-rise scenario, and
that requires at least a four fire department alarm. You will get truck one from Boise
Fire, you will also get Whitney Fire and you also get Meridian Fire. And the accesses
for those big fire trucks; truck one is a ladder truck, and it's a huge truck. To get that in
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 36
there, to get the access, to get these people out of these houses if they burn or if they
catch fire becauses accidents do happen. So my concern is my kids live, I live in Raven
Hills, I get my kids over the weekend, but my kids are playing out in the street. There is
nothing for my kids to play in a park or something else. They're required - they go out
and play in the street. All it's going to do is increase the rate of someone being hurt.
That's alii have to say.
Rountree: Stacie, I have a question. I either misunderstood you or you misspoke. You
said that Overland needed to be two lanes, and I think you probably meant -
Fogg: Four lanes.
Rountree: ..- four lanes.
Fogg: I'm sorry. I get nervous just like everybody else.
Rountree: That's why I asked.
Fogg: It really does. And it needs to have turning lanes at the intersections because
what they did to Eagle Road was fantastic. But as you look at the business of Eagle
Road, at 4:00 when they go down over - when they go across Franklin, they're backed
up, and this starts at 4:30 and does not end until 7:00 and everybody on the EMS is on
alert. They stay close -look at where they're building down there on Flying Y. I mean,
jimminy Chrismas. I mean, it's busy. I mean, it's backed up - they back it up all the
way to what? Nampa? And someone's going to get impatient and someone's going to
get hurt because they were late. This can't happen. Thank you.
Rountree: Thank you. (inaudible)
Southerland: I waited. I have two things - brand new. Number one, I presume that you
gentlemen - my name is Ted Southerland. Mr. Gigray, I know you very well. My
address 2365 East Three Bars. I presume these gentlemen have businesses in the City
of Meridian. I come up Locust Grove to Overland and turn right because I have so
much turning left I have given up. I don't think me and my and any member of my
family together, all of us, has spent more than $150 in the last year and a half that we've
lived in this area, in the City of Meridian. And it's primarily traffic. By the time we get
into that left turn onto Overland, through the stop lights at Kuna Meridian Road and into
Meridian, it's not worth it. We do all of our shopping over in Five Mile and Overtand.
Now you do what you want with that. The other thing is I have been involved in past
years in the real estate business. I'm familiar with Boston Capital organization which
does basicallly the same thing you people do. Use government money and loan money
to develop these low-income units. If Boston Capital called me today and asked me to
find a piece of property for them to develop this kind of a thing, this is the last place in
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 37
the world I'd look. The reason is very simple. You're butting up against the freeway
that is super-noisy. One of the first things I did five years ago when I moved into Boise
area was rent a home on Camas, if you know where Camas iSf with the idea of the
possibility of buying. I was delighted with the home, delighted with the huge
background which butted up against the freeway. Looked at it on a Sunday afternoon
and it wasn't too terribly noisy and I thought, not a bad place to live, and I moved my
family in. Two weeks later we put a volleyball net up in the backyard, and we found we
couldn't communicate with one another. We couldn't~ We had to yell in order to find out
who was doing what when. Needless to say, we didn't buy that home. We built the
home where we are now residing and enjoying it thoroughly. I'll guarantee you that if
you allow this subdivision to be put in the way it is planned, that you're going to have
some real poor people living next to the freeway. You're not going to have good quality
low-income people living backyard to that terrible noise. And there's no way the
property on Camas had a huge berm with a fence on top, and I could not communicate
with somebody on the other side of a net in my backyard. That noise is going to deter
good quality low-income people from living in that unit. Thank you.
Rountree: Thank you. Yes, sir.
Young: My name is Stan Young. I live at 671 East Trinidad in Meridian Greens
Subdivision. I came here just last October from Utah. Prior to that I had lived in
southern California, but coming to Meridian was coming home because I was born here
in a little house right down the street. So, I'm very concerned about the quality of life in
myoid home town, and I want to maintain it. It seems to me, I know you don't like to
hear about California, however, they've put in an infrastructure first, and then they put in
the communities. We're doing it backwards here. We're trying to put in some
communities and then come along and provide for them. Another thing, I lived in an
upscale neighborhood down there, $500,000 homes, this was about six to seven years
ago, I was on the Board of Directors and president of the Homeowners Association for a
couple of years, and we didn't have any crime, no graffiti, until they built some upscale
apartment units, and then it began. I agree with this last speaker. Quality people are
not going to live next to a freeway. Thanks.
Christensen: My name is Virginia Christensen. I live at 635 East Antigua. I've lived in
Meridian nine years, and I love it. It's a wonderful community. I've never been before
you gentlemen before, but I have been before the Planning and Zoning Commission on
two or three separate occassions. Each time was to ask them to please not change the
plan. When we all moved into this area, we knew what was going in across the street
from us because it was zoned accordingly. We knew what was going in beside us and
around us because it was zoned. That's the whole idea of zoning. And on those
separate occassions when we - I've stood before you, it is because the developer at
Sportsman Pointe and Meridian Greens wanted to change the zoning to accommodate
their plans and not the City's plans. And I would be standing before the Zoning and
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 38
Planning Commission had I known about this project coming up, so I am here tonight. I
have just three quick points. I hope I don't repeat anything since I've been way back out
there by the outside doors and haven't heard a single thing, but forgive me if I repeat.
I'll try and be quick. Number one is just that. Please don't change the zoning to
accommodate the plans of the developers. Number two is when you downgrade the
zoning, you downgrade your tax base. I have lived 18 years in Boise and nine of them
in Meridian, and as all of you know, and I know, and anybody who has lived in here for
any time, most of the businesses in Boise, most of the people that work in those
businesses are living in Meridina or outlying areas, and so we need all the tax base and
as much tax base as we can get to be able to do all of those things that people have
talked about tonight. My husband happens to work with low-income housing, in a kind
of a side way. He's not a developert and I know how these developments work. The
first question is, if we don't put this in here, where will it go? And you gentlemen
probably know this better than I do, that developers get options on a piece of land and
then go seek to get the zoning or the approval to put in these developments. If it does
not go here, I can assure you, and you probably know this is true that there are several
other properties in Meridian that have already ahd options placed on them to do the
same kind of a situation, development. When Meridian Ford wanted to go in across the
street from us, I was not objectionable because I knew that's the kind of development
that would go across the street from me. It was appropriate. But when we downgrade
our zoning to accommodate the builder's wish, then we downgrade our tax base, we
hurt our infrastructure, all those things we've talked about tonight. My last point is this:
I have also seen, when I moved out to Meridian, that little sign as you came into
Meridian, said 7,600 and some-odd people. I've noticed now that that sign says 36,000
and some-odd people, and I know why that's the case. Because we hold the cards.
This is where the development is coming to. Meridian is called Meridian because it's
right in the middle of everything, and people want to be here. We have developers
coming to us from as far away as Arizona, Texas, everybody wants to build in Meridian.
Did you know that in one of the national magazines we were listed as the 13th fastest
growing city in the whole country? That's because we hold the cards. Gentlemen, I
submit to you that it is high time that we say to the developers who want to, and I know
at least two or three that have gotten wealthy from building in our community. Wealthy.
To the point of retiring because of the developments they put in our community. I have
no objection to that. I think everybody should make every dollar that they can make, but
I think that since we hold the cards, it is high time that we, as Meridianites, say to those
developers, "You want to build in Meridian? What are you going to do for us? How are
you going to make Meridian a better place to live?" And that would be my suggestion,
too. Before we put anything into this area, and I have no allussions that it will be not be
homes like mine, but before we put anything into this community, we need to ask
ourselves, "What is our overall plan for Meridian? What do we want to get out of our
land?" And we need to say to those developers, "You know, that's a good idea. Now
what are you going to do for us if you're going to get wealthy out of this community?"
Thank you.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21 J 1999
PAGE 39
Weston: My name's Larry Weston. I recently moved to Sportsman Pointe. I live at
1365 East Blue Tick right across the street from this proposed development. I have
several concerns. One of which, upon moving here, just recent move-in, my kids can't
go to the school in the area, my moving into with all the neighborhood kids because it's
already crowded at Mary McPherson. I've got to put my kids on a bus and send them to
lake Hazel. So they don't get to go with kids nearby. They're already - here in
Meridian we're already behind in building schools for our kids, and it seems ridiculous to
me that we're going to go ahead and build a 300 - or allow a 30D-unit complex built that
close, and in an area where we've already got to be shipping kids away from our homes
to go to school. I'm really concerned about how this picture is being painted as kind of a
really nice family - it's a family unit or family - multi-family complex. I've lived in areas
like that before when I was first married. I didn't think it was all that neat of an
environment. It was unsettling to me that I had to work nights and leave my wife at
home at nights alone and have kids, young adults, not married that they just - four or
five guys got together, moved into an apartment, and partied all night, and I would get to
leave my wife at home with this going on. Many nights, I can remember when I was at
home sleeping listening to them out in the parking lots cursing, the fighting going on that
happens in situations such as that. I can remember situations where my younger
sisters came over and would be harrassed by guys when she's trying to come up and
visit me. This doesn't seem like a real good environment for a family. We're
considering putting this right next to family dwellings. I think it's neat that maybe we can
have places for multi-family to dwell, but I also think we need to look at what else is
going to come with a development like that. And I don't think it's making Meridian any
the better. So that's what I have to say. Thank you.
Rountree: Thank you. Anyone else? Remind you to try to keep it to three minutes and
something we haven't heard. Come on up.
Hankley: All right. Nathan Hankley, 1582 East Opossum Court. I just flat don't want
the apartments there. I'm concerned about my eight-year-old daughter's welfare. I'm
concerned about my property values. I'm from California. The one man said that
California built the freeways, built everything before they brought the apartments in.
Everybody knows what a mess California is. Took me twenty years out of there, twenty
years to get out of an apartment. I don't want them anywhere near me. Thank you.
Wendt: My name is Kimberly Wendt, live at 1991 East Three Bars Drive in Los
Alamedos. I'm a dispatcher for an agency just outside of Ada County, and I've seen the
kind of people that move into low-income housing. They're not all that bad, but when
you have people that are losing their children because they can't supervise their
children because there's ten- and six-year-old boys are running around at 11 :00 at night
stealing things from people, breaking into houses, that kind of thing, now that is an
extreme, we're looking at response time for our emergency vehicles. What kind of
/
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 40
response is it going to be for an ambulance and the fire department to get to that
apartment compex at 4:00 in the afternoon because there's an accident or there's a guy
who's having a heart attack and they can't get in because there's only two entrances?
One that'll be blocked off of Overland? What kind of response are we going to have
from our law enforcement agency when their budgets are being cut? They're not that
big of a department as it is. What kind of response are we going to get from them
during a domestic on a Friday night when we have to go between Ada County and
Meridian? Is Meridian going to be able to get out there? Is Ada County going to be
able to get out there? I don't know that the response times from emergency vehicles or
emergency services have been thought about. And just being my exposure in the job
that I have, I see that on an everday basis. Are we going to be able to get them out
there as quickly as we need to be because of the access that's going to be blocked
because of the increased traffic and the kind of people that are going to be in there? I
don't oppose low-income housing, but what I do oppose is the kind that eventually fall in
because not everybody wants to move into a lower-income development. I don't know
that you guys would be as Councilmen were going to be living near that area or that
you're going to be travelling on those roads, but everybody else who does are going to
be the ones that are going to be impacted. I just wanted to bring that up. Emergency
vehicles are going to be a big thing. You've got Boondocks. You've got the water park.
When somebody falls off a park or off a slide, are we going to be able to get those
emergency vehicles out there before something major happens to them, and it goes
from something small to something big because we couldn't get them out there? That's
alii have to say. Thanks.
Riley: Hi. I'm Jerry Riley. I live at 1269 East Mastiff Street in Sportsman Pointe. I've
got a couple concerns. I did 27-1/2 years in the military, I lived all over the world. Lived
in major cities. I lived in Fort Mammoth, New Jersery, Cleveland, San Antonio, San
Francisco, and I've been in places where if I forgot something in the house, I'd lock the
car before I could go in. t chose Meridian because, and I'm finally able to if I don't
remember if I locked the house when I leave, I can actually go someplace and not have
to run back and check to make sure tlocked the door. Another thing, five years ago, I
rode my bike across the interstate on Meridian Road. One time. And the traffic was so
bad the trucks were brushing my windbreaker. So recommend solution, if you are going
to bring this in, don't bring it in until you get a pedestrian crossway over that bridge.
Another solution is if you're going to put it in, put some baseball fields, maybe a YMCA
over there or something like that. And then the last thing I wanted to say is 100 percent
of us here, we live here, this is our home, this is our neighborhood. 100 percent of us
oppose it, so all I can say is I don't care where you guys live, I don't want to know where
you live, but I know if you lived across Overland Road, you'd be voting right along -
you'd be agreeing with us right now. Thanks.
Rountree: Anyone else? Ma'am.
i
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 41
Berta: Hi. I'm Connie Berta, and I live at 2063 South Elkhound Avenue in Sportsman
Pointe Subdivision. I know that this has probably been mentioned, but not quite in this
way is it's been mentioned that the Boondocks and the waterpark are down on
Overland. Those 240 children will be trying to get there. How do you think they're
going to do that? They're going to go by bike and they're going to peddle it down there.
My kids are 16 and 19, and they've peddled their bikes down there. They've walked
down there, and it's downright scary. They're taking their lives in their hands to go
down Overland Road. That road needs to be a four-lane road before you do anything.
Thank you.
Rountree: Anybody else? Okay. If the applicant would like to address some of the
questions that have been raised -
Cooke: If you think you're scared. I guess the hardest one was yours when you said I
felt your pain. I do.
Rountree: Excuse me, Pete. Just get us on record.
Cooke: Peter Cooke - I think everybody here knows my name.
Rountree: We don't on tape, though. We don't see faces on the tape.
Cooke: Mr. President, thank you. The integrity of the individual, this is only where I'm
trying not to be emotional. I really thought that was a comment that I do feel a concern
here, and whether how this vote goes, I just want to plead for several things. First of all,
I don't know where low-income housing has come into this factor, because we couldn't
even talk about this at Planning and Zoning. The attorney didn't even allow us to bring
that up even as a discussion. It was referred to as 236s and Section 8s where high
crime does come, but I don't even know where that issue's coming. I know it's been
presented to everybody that this is going to be a low-income housing development.
With that comes a fear. I think that has stirred a lot of people up, and I think that's an
issue that I think is not fair for us because nobody said this was going to be a low-
income housing project. There were too, I think, tonight is not defending where I come
from Utah or where - we're all Americans. America is a country where business
(inaudible) support business. Whether or not this development is going to be enhanced
by people living next to the freeway or what have you, this should not be a discussion of
a cast system of - you know, apartment dwellers and what have you. I will own this
development, and I will keep it, and my profit is determined on how it looks, and I will
become part of this residency here meaning I will be here to make sure that
development moves forward. Here is a (inaudible) to defend the process. You've had
profeSSional planners who have addressed every one of these emotional issues, who
have addressed the issues - I'm concerned too. We are - the Planning and Zoning
meeting it was told to us that because of the activity, that the overall highway expansion
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 42
was expedited, and that would fit in, and the Planning and Zoning said that that was a
critical vote for them that this would meet our timeline, and I think that's in the minutes,
and one of the Planning and Zoning people actually brought that up that the
infrastructure would catch up to it. There are many studies, and to say (inaudible) lower
the property value, and one gentleman got up and said, you know, "Why did you bring
up development that you have in Park City," is because we are doing what we're
preaching here. We're building apartments next to $450,000 homes. It's not a
contradiction, and I can refer you to a lot of Urban Land Institute studies that show that
there's no factual - there's no fact that housing will be devalued. Now, there is facts
that saying commercial will devalue. Looking in back of a semi-truck or other things that
can be on a commercial site will. We have developed this development to have a lot of
open space, and I think the school district has looked at it, the professionals have
looked at this, and I think we have followed the process. There was a lot of others that
were before us that didn't get this far as this meeting tonight. And that process is what I
think is here is the integrity of what you've put together, and I have to say that that
Planning and Zoning Commission and its staff, and I've been doing this for a lot of
years, is probably the most articulate and well versed I've ever been around, and I
mean that with all sincerity. So, thank you.
Rountree: Thank you. Just a minute, please. Did you have anybody else from your
staff that - okay. Thank you. The hearing is still open. We will still accept testimony. I
would like to let you know that if you haven't testified, you'll be recognized to testify. We
aren't in a rebuttal situation. Three minutes and try to keep it to items we have not
heard, please. Sir.
Nicholson: My name's Don Nicholson. I live at 456 East Amalie Court here in Meridian.
I have a question for Mr. Cooke. You have three-bedroom apartments and two-
bedroom apartments. What is the monthly rent going to be for those apartments?
Cooke: In the last time, the attorney didn't allow us to have that discussion (inaudible)
Rountree: (inaudible) The question needs to come through Council. So you're asking
that - for that information. What are the rental rates?
Nicholson: The rental rates, and the reason I'm asking that question is the information
that I've been given is low-income housing. So that's the reason I'm asking the
question.
Rountree: Let's you address your comments to the Council, we'll get your question
answered.
Nicholson: Okay. My question is to you the rental rates for those units.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 43
Rountree: Okay. Thank you.
Nicholson: The other reason I'm here is that just to acknowledge or get recognition that
I'm in opposition of this development. Thank you.
Rountree: Ma'am.
Weber: Yes. My name is Dena Weber, and I live at 1740 East Time Zone in Los
Alamedos Subdivision, and I can attest to the fact that I lived in an apartment complex
over in Columbia Villages over in East Boise. The rent was $850 a month. That was a
lot of money. And in that apartment complex was a lot of people that I don't know how
they got that kind of money, but there was a lot of people in there that scared my kids to
death. And I haven't heard any parent here on behalf of their children, but I have a 16-
year-old son and a 14-year-old daughter who don't know about City Councilmen, who
don't know about developers, but they have mentioned to me on a number of
occassions in the last week when they have been seeing the signs up, how can they be
protected from people in apartment complexes because they lived there? And it was
$850 a month. And that's not low-income. And if it's going to be anything lower than
that, and it doesn't matter because, most generally, apartments are for people who are
going to be there for a short term or for interim of some sort before they get into their
own homes. It took my husband and I almost three years to get the home that we have
right now, and we are excited about being in that home, and we want to stay there, and
we want to see the quality of our lives maintain where they are and not have my
children in fear. And I would just ask that maybe you would consider what the children
are thinking about right now. Thank you.
Rountree: Anyone else? New? Something we haven't heard?
Waite: Yes.
Rountree: Okay.
Waite: My name is Bruce Waite. I live at 1753 South Labrador Place in Sportsmans
Pointe directly across from where this proposed development is to occur. I've been
sitting here listening to this, and we've talked about how this affects our quality of life as
homeowners in the area, and I would submit to you the quality of life for those folks who
live in that complex, it's 300 units, we're talking 1 ,000 people living on 15 acres. That's
60 people on one acre of ground. An acre is 204 feet by 204 feet. There's no
sidewalks for the kids in that community or that apartment complex to ride their bikes.
They have to ride them right on the roads that people are coming out and going in the
complex on. It's totally inappropriate in its location in relation to the freeway into all the
businesses adjoining to it. It's just completely out of place for that location, and the
quality of life for the folks that live in there is not going to be any good for them, and it's
a concern for the safety of the kids that live there. You quoted - or somebody quoted
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 44
roughly 170 some kids of junior-high age and less, and how many toddlers and younger
kids and that are going to be riding their bikes, playing in that area? There's no other
area to go to from their to recreate in other than our subdivisions. There's no sidewalks
for them to go up and down Overland or Locust Grove on, so the quality of life for the
tenants in that area is not anything that I would propose. Park City's one thing. There's
upper-income, folks. You're going to the ski hills. This is not Park City where they're
building that. Thank you.
Rountree: Anyone else? You've testified, sir.
McCormick: Hi. I'm Ed McCormick, 1341 East Beagle. A lot of the people here are
expressing a lot of frustrations towards the Council as if somehow you're the one
proposing this development, and you're not. I know that. The people that live here,
their frustration, a lot of fear, a lot of concern, but if the proposal was here for a prison or
a nuclear plant, it would be just as out of place in that area as having almost 1,000
people. It doesn't fit into the neighborhood. It doesn't fit into the community. Now I
don't know - this is the first place I've ever lived where a car dealership was preferable
to other people living there. But if the people live here believe that this is what they
want to have, then I just ask that you would hear them very clearly, and set aside their
frustration that you - that their frustration is fear. And I really do believe you'll make
money somplace else, and I hope you do really well, but just not here.
Rountree: You turned a great phrase there. Again, three minutes, new testimony,
ma'am.
Johnston: Hi. I'm Denise Johnston. I live in Sportsman Pointe, and I just have a
question. If we want to build a fence too close to the road, we've got to get the whole
neighborhood to sign it. How can you change the zoning where people have built their
homes knowing that's the zoning that's going to be there without getting the majority of
people around it to approve it? We can't even move a fence, but you can consider
changing zoning which will affect schools, property values, and other things you've
already heard. And that's just a question that I'd like to pose to you. Thank you.
Rountree: Thank you. Ma'am.
Brimhall: My name is Brook Brimhall. I live at 840 East Martinique in Meridian Greens.
I'd like to submit for record another ten signatures from our petition. I just want to bring
up as the lady said as she was presenting her information about the apartment
complex, the letter from Jim Carberry from the school district saying that we will have all
these other kids, and he will approve it with the help of the City Council, and how are
they going to fix the problem with the kids? So that is the question that I bring up to
you: How can the City Council do that, and what are your plans to do that? Thank you.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 45
Rountree: Sir.
Corder: Yes, sir. Kent Corder, 2521 South River Downs Place in Meridian, Los
Alamedos Subdivision. Taking all the emotion out of this and making it strictly a
business decision, sir, we don't need to worry about who's going to live there and what
they're going to pay, and taking away all of the descriminatory comments and just
getting down to business, the infrastructure of Meridian is just not prepared to it, 1
believe. The zoning is there, I believe we should stay at the prescribed zoning and zero
community support. So as a licensed real estate agent, I'd like to offer my card to this
gentleman, and I'll make you some money, sir.
Rountree: We're not here to broker deals. Anybodyelse? I'll remind you we've been at
this almost an hour and a half. Anybody have new testimony to offer? If you've testified
before, you've had your opportunity.
Traska: Hello. I'm John Traska, 1928 East Blue Tick, Raven Hills Sub. Don't have a
whole lot new to add. Everybody kind of feels the same way I do. I just like to ask you
gentlemen of the Council. You have 800 names submitted, some more submitted, I
think if all the people have been contacted, you'd probably have two or 300 more
names. Those people live here, they pay their taxes here and they've built their lives
here. And we want to stay here. Consider those people. Thank you.
Rountree: Thank you. Anyone else? I have just a question for Peter. Could you speak
to the possible range, though you may not be specific. If you'd use the mike.
Cohen: My name's Mark Cohen. I'm with (inaudible) Development Company. Our
original performance are the two-bedrooms would start in the mid to high $500 range,
and the three-bedrooms would end in the mid $700 range. That's giving you ranges to
where we'd start, and that's probably 18 months from now, 24 months from now.
Rountree: Okay. Thank you. Council, is there any discussion? Need a motion to
consider closing the hearing.
Bentley: So moved. I withdraw the motion. Question for the developer. I was reading
the Findings of Fact in the information from Ada County Highway District1 and they were
talking about on Locust Grove and the overpass and talking about the interstate that
there would need to be some contact with Idaho Department of Transportation. I
haven't seen any submitting material. What I'm concerned about is if and when they do
build this overpass, it's obvious that the emergency access is going to go away, and I
would assume that they probably have some guidelines on any access roads coming in
a certain distance from an overpass. Has any of that been researched, and would that
side access on Locust Grove go away when that overpass is built?
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 46
Rountree: Give us your name, please.
Cohen: Mark Cohen. In fact, if you see -
Rountree: Take the mike with you, sir.
Cohen: I assume you're talking about the emergency exit.
Bentley: Yeah. The second one, when they build the overpass-
Cohen: Down here?
Bentley: Yeah. - is that close enough to the overpass that that would be eliminated
too?
Cohen: No. We've followed their instructions on that. If that was the case, then the
entire gas company and everybody that way up, the recreation, we're far enough down.
They're more concerned about our distance off the interchange than they were from that
up to the overpass. This would not, obviously, work, and that's why we took that out of
our original drawings.
Bentley: Thank you.
Rountree: Any other discussion on Council's part?
Bentley: No.
Bird: I have none.
Rountree: Do we have a motion?
Bentley: Mr. President, I move we close the public hearing.
Bird: Second.
Rountree: Been moved and seconded to close the public hearing. All those in favor?
MOTION CARRIED: ALL AYES
Rountree: Discussion, deliberation?
Bentley: First of all, I'd like to thank everybody for coming here tonight. We can't even
see you all out there, and we do appreciate the way you conducted and in an orderly
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 47
fashion. We've had some here that have gotten out of hand, but we appreciate what
you've done. On the project, I have some real concerns for the ingress and egress. It's
a lot of vehicles, a lot of traffic -
*** End of Tape 2, Side 1 ***
I understand the plans of ACHD and understand their timelines. As of right now, I have
a real problem with supporting this project. The emergency access, as stated, will go
away. No sense in really getting in with it because of the contact at the bridge. I've got
some real problems, so I won't support this.
Rountree: Any other discussion?
Anderson: Mr. President.
Rountree: Mr. Anderson.
Anderson: I'd like to just make a statement, I guess, to the public, because I heard
several comments during testimony - I heard several comments about worrying about
police and fire protection and public safety, and there were several comments about
cutting the police department budget. I think what's happening is there's been some
misinformation put out there. That was not the case. The City Council did not cut the
police department budget. In each city department budget, there are three components.
One is the personnel cost, the other is the operating cost, and one is for capital
improvement: purchase of new equipment or new buildings or vehicles and things like
that. We simply had more requests this year than what we had money. We had a
request of over $1,500,000 for capital improvement for the police department and over
$2,000,000 for the parks department. We asked them to trim that down, they weren't
able to do that for us, so we therefore took the capital improvement out of those
departments' budgets, and we put that money over in another area of the City's budget,
and we will determine at a later point what those capital expenditures will be. But I want
you to rest assured that we are not cutting police officers, we are not cutting salaries,
we are not cutting their operating expenses -
Rountree: We increased their salaries.
Anderson: Yeah. In fact, we've increased their salaries, so I just wanted you rest
assured that we are not doing that and a lot of that has been misinformation that has
been presented to the public. So I apologize for that. As speaking to the project, I have
heard a lot of testimony tonight, and there's been a lot of you folks that have done some
extremely valuable homework, it sounds like. I, too, have been a long-time Meridian
resident, and I remember when that sign said 2500 people as you came into Meridian.
agree with the gentleman that talked about building the infrastructure first. That would
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 48
be really nice to do. It would be really nice to widen all the highways and to build fire
stations and hire police officers and have the schools. We simply haven't found that
magical pot of gold to be able to do all those things prior to development hitting. This
particular project, though, I would tend to agree, is the density is very high for the
particular area, I don't think the infrastructure is there at this point to support this type of
development, I'm not sure it mixes real well with commercial development. My gut
feeling at this point is that I would not be in favor of this project.
Rountree: Any other discussion?
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: Yeah. I worry about the infrastructure. Of course, I also feel that if we were to
worry about infrastructures, I am one that was moved here to Meridian when the sign
said 1900.
. Anderson: Always trying to one-up me.
Bird: I (inaudible) but, you know, if we had worried about infrastructure, Meridian
Greens and Sportsman Pointe and that stuff wouldn't be out there now. I don't think it's
the time for this kind of development at that point. I believe with the church, I would a
lot sooner see it go to a commercial. I don't think you want retail out there because of
the same reasoning. So I, right at this point, I cannot support this.
Rountree: Mr. Gigray.
Gigray: Mr. President, members of the Council, this is just a point of procedure. Since
you had a joint hearing for both the annexation and zoning and conditional use permit, I
would recommend you might consider your deliberation on the annexation and zoning
which is Item 8. Depending on what your decision is on that might govern what you
would do on Item 9.
Rountree: Thank you for pointing that out. Any other comments?
Gigray: I have no more comments.
Bird: I have none.
-Rountree: Okay. We need some guidance and direction and a motion for Item No.8
which is the annexation and zoning.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 49
Bentley: Mr. President.
Rountree: Mr. Bentley.
Bentley: I would move that we deny the annexation and zoning of 20.35 acres for R-15
zoning of land proposed for 300 units of multi~unit family rental for Sundance Apartment
Homes by Sundance, LLC.
Rountree: Need a second.
Anderson: I would second that.
Rountree: I was wondering where you guys went. (inaudible) I have a motion to deny.
My question with regards to the motion is we need findings.
Anderson: Okay. I will withdraw my second.
Bentley. Okay. Now I understand where you're headed. Mr. President, I would move
that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law
reflecting the denial of the annexation and zoning of 20.35 acres for a 300-unit multi-
family rental by Sundance, LLC.
Anderson: I would second that again.
Rountree: It's been moved and seconded to prepare Findings of Fact and Conclusions
of Law which would reflect the denial of the application for annexation and zoning of this
Item No.8. Any discussion?
Bird: I have none.
Rountree: All those in favor of the motion signify - excuse me. It's a roll-call.
Mr. Anderson: Aye.
Rountree: I was about ready to call you Mr. Armstrong. That's an internal joke there.
Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 50
Rountree: All in favor of the motion.
MOTION CARRIED: ALL AYES.
Rountree: Now that's Item 8. We have Item 9, the conditional use permit. It's almost a
moot point, but we need a motion.
Gigray: Do we need some instruction? Point of information, procedure. Mr. President,
members of the Council, since your action directs that I prepare Findings of Fact and
Conclusions of Law regarding denial of annexation and zoning, and because conditional
use permits cannot be granted until there is an annexation and until there is a zone in
which the conditional use permit is authorized under City ordinance, it would appear to
me that it would be appropriate to simply table Item 9 pending your final action on Item
8 which would occur when you finally adopt findings and conclusions in order because
it's, as you know, been my advice that you can make changes in those up until the point
that you vote on them, and I think it'd just be appropriate to table Item 9.
Rountree: Thank you.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: I move that we table the conditional use permit for 300 units of multi-family houses
by Sundance, LLC, north of Overland Road and west of Locust Grove until the Findings
of Facts and Conclusion on Decision of Order for the annexation and zoning has been
passed.
Rountree: Is there a second?
Anderson: Second.
Rountree: It's been moved and seconded to table Item No.9. All those in favor signify
by saying aye.
MOTION CARRIED: ALL AYES.
Rountree: Again, folks, I'd like to thank you all for following instructions well and making
this as pleasant for all of us as we could.
Anderson: Let's not have a jail break.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 51
Rountree: I'm going to entertain a motion from Council right now, because I think we all
need a bit of a break.
Anderson: So moved.
Rountree: Moved. Second?
Anderson: Second.
Rountree: All in favor?
MOTION CARRIED: ALL AYES
10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE
COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) -
LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. (ATTORNEY TO
PREPARE FINDINGS)
11. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TOWNHOUSE
CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES
WORCESTER -RAilSIDE PARK SUBDIVISION AT PINE AND LOCUST
GROVE: (ATTORNEY TO PREPARE FINDINGS)
Rountree: Items 10 and 11, preliminary plat and a conditional use permit. Those
people here on Items 10 and 11, would you object to having both of those hearings
opened up at the same time?
Unidentified speaker: (inaudible)
Rountree: Anybody else?
Bird: Is that the same -
Rountree: It's the same. Is that agreeable with the Council?
Bird: That's agreeable with me.
Rountree: Okay, then I'll open up both hearings 10 and 11 for request for preliminary
plat and a conditional use permit for townhouse conversion on multiple-use buildings on
one-care lots ofWes Worcester, Railside Park Subdivision. Shari. And before she
starts, those people who are here for hearings, the Council opened the agenda earlier
and has made the decision that they will not open an additional public hearing after
10:30, so after about Item 13, it's questionable whether or not you'll have your hearing
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 52
will be opened this evening. They would be scheduled at our next regularly scheduled
meeting which is October 5th, and they would be on the front of the agenda. Okay,
Shari.
Stiles: Mr. President, Council members, this project has come before you previously. It
was for a conditional use permit because they had more than one building, one principle
building on a lot. The applicant has now decided he wants to convert these buildings
into townhouse units, and that's the reason for the two public hearings. One is for the
plat; the second one is for a conditional use permit which would allow for the townhouse
units, the zero lot lines and the fact that the townhouse units, the individual lots would
not have frontage on a public street. Maws Addition here, this Pine Street, this is where
Locust Grove will eventually come through. There's some existing development in this
area. This lot is still vacant. This is a residential home that is zoned I-L. If you
remember Wayne Forrey coming through with a development, this is for conditional use'
permit for elderly housing development. This would be the plat itself. As you can see,
there are three buildings and they have designated the separate lots for the townhouse
units so they can sell those individually. We have received response from the applicant.
They have agreed with all the terms of our comments, and staff recommends approval
of the development.
Rountree: Any questions of Shari?
Bird: I have none.
Bentley: Have none.
Anderson: I have one. On that other overhead that you showed, then, it appears to me
that that's an industrial park and everything that's been developed in that so far has
been industrial? Is that correct?
Stiles: Yes. There's a golf cart country that's over here, there's the plumbers' Union
down here, there's Artec down here, and 0 & J Auto Transport on this lot.
Anderson: So we're going to put townhouses in the middle of an industrial park.
Stiles: They call it townhouses. It's like a - they first proposed a condominium concept,
but now they're asking for a townhouse concept because each person will own their
own lot, but the buildings will be attached. They'll have fire walls between each unit,
each individual unit, but each of them will be owned by an industrial user. So it's kind of
misleading to call it a townhouse. No residential use in it.
Anderson: I think I'm tracking with you, now.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 53
Rountree: It's a business.
Anderson: Just throw a shoe and hit me, okay?
Rountree: Any other questions of Shari?
Bird: I have none.
Bentley: I have none.
Rountree: Okay. Thank you. Mr. Unger.
Unger: Council members, my name is Bob Unger. I'm with Pinnacle Engineers. We
represent Sonntag Construction on these applications. Our address is 870 North
Linder, Suite B, Meridian, Idaho 83642. I think Shari's done a fine job, and to save you
all a longer evening, we concur with all the conditions of approval and staffs comments
and ask for your approval.
Rountree: Any questions for Mr. Unger?
Bird: I have none.
Bentley: I have none.
Unger: Thank you.
Rountree: Anybody else from the public wish to provide testimony on this public
hearing? Thank you. Any discussion on the part of the Council?
Bird: I have none.
Bentley: I have question for staff.
Rountree: Okay~ Mr. Bentley.
Bentley: Gary-
Smith: Yes, sir.
Bentley: -- are we having any problems with the water, sewer for this project out there?
Smith: No, sir.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 54
Bentley: Okay. Thank you.
Rountree: Any other questions, discussion?
Bird: I have none.
Rountree: Motion to close the hearing?
Bird: So moved.
Bentley: Second.
Rountree: It's been moved and seconded to close the hearing, both hearings, for Items
10 and 11. All those in favor?
MOTION CARRIED: ALL AYES
Rountree: Motion passes, close both - request for preliminary plat and conditional use.
Need findings for both. No. Don't need findings for the plat, just general approval.
Bentley: Mr. President.
Rountree: Mr. Bentley. Help me.
Bentley: I move we instruct the City Attorney to prepare Findings of Fact and
Conclusions of Law for Pinnacle Engineering's request for preliminary plat for
commercial complex at Railside Subdivision, and with the reflection of due-pass
approval.
Bird: Been moved and seconded to prepare Findings of Facts with a due-pass approval
for the preliminary plat for Item No.1 O. Roll-call. Mr. Anderson.
Anderson: Aye.
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
Rountree: All in favor, motion passes.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 55
MOTION CARRIED: ALL AYES
Smith: Point of clarification, Mr. President. Does that motion, I assume, include all the
conditions that were set forth in the recommendation of the Planning and Zoning
Commission?
Rountree: Yes, they do.
Smith: I'm sorry. Maybe I just missed it because I was trying to write (inaudible)
Rountree: Yes, it does.
(inaudible discussion)
Bird: No, I didn't.
Rountree: That was the intent.
Bird: That was the intent.
Rountree: Need a motion for findings on conditional use permit.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: I move that we approve the conditional use permit for townhouse conversion of
multiple buildings on one-acre lots by Wes Worcester, Railside Park Subdivision at Pine
and Locust Grove.
Bentley: Second.
Rountree: Been moved and seconded to prepare Findings of Facts for conditional use
permit for townhouse conversion, Item No. 11, and that included staff comments, as
well?
Bird: You bet it did.
Rountree: Roll-call vote to Mr. Anderson
Anderson: Aye.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21f 1999
PAGE 56
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
Rountree: All in favor, motion passes.
MOTION CARRIED: ALL AYES
12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO
2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY
ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET:
(ATTORNEY TO PREPARE FINDINGS)
Rountree: Next item on the agenda in this public hearing, request for conditional use
permit for two two-story office buildings, Eagle Road Professional Center, by Andrew
Simonds-Fermor, LLC. Shari. I'll open that hearing.
Stiles: Mr. President, Councilmen, this is for a project that would be immediately south
of the Jacksons on Eagle Road. This is where the Holiday Inn Express will be coming
in soon, I hope. Hubble Engineers has purchased this property and annexed it and did
a plat for their office building. Steve Siddoway did prepare some response to the
recommendation to Council on Item 1.26 on Page 6 regarding pre-treatment of storm
water through a grassy swate. That was a recommendation from Central District Health
Department, not a requirement. Item 1.27, Page 6 states the applicant shall resolve
hook-up to city sewer, water and sewer issues prior to the issuance of a building permit.
The appJicant has issued a letter dated September 20th that requests this requirement
be revised to condition their Certificate of Occupancy rather than the building permit
upon satisfactory resolution of the utility problem. Our response is as follows: Applicant
shall resolve hook-up to city water and sewer issues prior to the issuance of a building
permit. Building permits cannot be issued until the site has adequate fire protection4
The water lines must pass pressure tests and bacteriological tests prior to activating the
fire hydrants. Also, the sewer must be pressure tested and proved prior to issuance of
a building permit. This is a standard requirement for all subdivisions in the city as well.
The City will accept and process the building plans if the applicant signs a letter stating
that they understand a building permit will not be issued until water and sewer lines are
complete and approved. This will eliminate the six to eight weeks of processing time
required after the lines are approved, and it will give the applicant approximately two
months additional time to work out the water and sewer line issues while the plans are
being processed without additional down-time. This is the agreement worked out
"
I
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 57
between the City and Hubble Engineering who is also affected by this water-sewer
issue. This became an issue because when this Holiday Inn Express came in, they built
the water lines including down Gentry Way; however, those have not been turned over
to the city yet. They are still, I understand, owned by the individuals that put them in.
And I know that Gary's been working with them trying to get that resolved so that we
can accept those water and sewer lines, but that issue has not been resolved yet. This
is the plan that they have presented. Again, this would be the Holiday Inn Express
here, Gentry Way, and the Eagle Road frontage over here. Staff would recommend
approval with all of staff conditions included as part of that approval.
Rountree: Thank you. Any questions of Shari? All right. Is there a representative for
the applicant here?
Simonds: Hi. I'm Andy Simonds with Fermor, LLC, 2700 Airport Way in Boise. We're
the applicant on the Eagle Road Professional Center. I agree with staffs conditions
except for two. One I've outlined in that letter, and staff was good enough to make
some changes to Item 1.26 which helps us out quite a bit. But Items 1.19 and Items
1.27 I want to talk about. First, Item 1 .19 on Page 5 calls for us to provide a letter of
approval from Ada County Highway District prior to applying for a building permit. We
have that, but it also says that the letter of approval shall include recorded warranty
deed for any necessary roadway dedications. Well, if you got a second, I'll show you on
the plan what ACHD wants us to dedicate then explain what the problem (inaudible).
Over here on Allen Street, ACHD wants us to dedicate four feet of ground into our plan,
and we've taken care of that in our site plan here, but the problem is we're still the
purchaser of the property, we don't own the property yet. And because of that, we can't
dedicate the property until we own it. It's a chicken and egg problem it's the same
problem we have with our development agreement. So if we can convert this to
something like having the - we've already got the approval letter from ACHD, but if we
could put that condition as, again, something to do with our Certificate of Occupancy
rather than issuance of the building permit or submittal for building permit, it can solve
this chicken and egg problem. The other item I want to talk about is Item 1 .27 which is
this whole bit about the utilities. As Shari stated, we had no part in the contract for
those utilities being extended. Obviously, we have agreed and we do agree to pay any
late-comer fees to go along with that, but this issue affects our property, it affects the
Hubble Engineering property, and it also affects the Sonntag project, and Sonntag's
representatives are here. As I said in my letter, I think everybody would agree that
withholding the Certificate of Occupancy until the utility problem is solved, still gets the
City what they need. Ultimately, the problem has to be solved before any of us can do
what we need to do with our buildings. We can't occupy without the C of O. And
truthfully, we'll have more money invested and even more of a vested interest in
working together to solve the problem at the C of 0 stage rather than the building permit
stage. The flip side and the benefit for us is that it gives us more time to come up with
an equitable solution to this mess that has to do with (inaudible) and everything else on
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 58
those utilities being extended. That's why we've been pushing this issue, and I ask that
reconsider that; otherwise, I agree with all staff's comments and recommendations.
Rountree: Any questions?
Bird: I have none.
Simonds: Thanks.
Rountree: Anyone else from the public that would like to offer testimony? Any
discussion from Council? Do you have a question, Mr. Bentley?
Bentley: Shari or Gary, your response to what he's asking?
Smith: I can, Council President, Councilman Bentley, Council, I can respond to the
sewer and water issue. At the very least, as Steve Siddoway mentioned in his memo to
you, the fire protection has to be available. Fire protection cannot be made available
until the water line is pressure tested and the bacteriological test is taken and passed,
and the line can be turned back into the system or the system can be turned back into
the line. From that standpoint, it would be treated as any subdivision is treated that
we've ever approved in the past. That's an absolute minimum. I guess our concern in
issuing a building permit without knowing what was going to happen to this sewer and
water line was whether or not the City was incurring some kind of liability to provide the
water and sewer service at a point in time. And it was my understanding after talking to
Mr. Gigray that we would be best to have an agreement with the property owners such
as we have with Hubble Engineering presently; that we would receive their building
permit or building plans for review, but that a building permit itself would not be issued
until such time that this sewer and water line situation is cleared up. Right now, as I
understand it, the contractor who installed the sewer and water lines has filed a lien
against the owner of the Holiday Inn Express project. That lien is in place. We met -
Mr. Gigray and I met with the contractor and with Hubble Engineering, it's probably
been a month ago, now, and to this point, I haven't heard anything other than I did
prepare the letter, agreement that Hubble signed, and that was returned signed by
Hubble agreeing to those conditions. From that point, we haven't heard anything- So,
again, our concern and the Public Works Department is if a building permit is issued for
this building for Hubble Engineering for Sonntag, are we incurring as a City, a liability to
compete these lines, if they don't get - if the situation is not resolved between the
contractor that installed the lines and the Holiday Inn Express people. We received a
letter - I received a letter, a copy of a letter that you received from Hubble Engineering
today that states, written by Don Hubble, President of Hubble Engineering. I'll just
quote one of his sentences. "My understand is that each of us," and he's referring to
the applicant that's before you right now Fermor, LLC, Sonntag Associates and Hubble
Engineering, "is willing to pay a proportionate share of the costs of extending utility as
/
t
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 59
soon as an equitable allocation is determined and the appropriate agreements are in
place. At this time, it's not clear when the K & L work," and that's the contractor that
installed the sewer and water line, "will be accepted by the City." See, we don't-I
haven't been requiring, and I change that status as of today, and I sent a memo to the
City Clerk to that effect, but, henceforth, we would require a bond for sewer and water
installations just as we require bonds for landscaping, fencing, streetlights, all the other
improvements. If this happens again, we'll be able to access that letter of credit or cash
deposit, and we'll finish the project. Right now we don't have that guarantee in place.
It's provided for in the ordinance that we can have it in place, and like I said, henceforth,
it will be in place, and the developer will be required to put that bond forward as part of
the approval process. But here, I felt like Public Works Department was out on a limb,
City of Meridian was out on a limb getting that water and sewer line finished and
completed. SO that these buildings, if they were under construction, and they get to a
point and still nobody wants to step forward and resolve the problem, where is the City
of Meridian in this process? And that was the reason that we talked, Bill Gigray and I
talked, and I put this little letter of agreement, and we finally decided, well, okay, we'll
accept the plans for review for Hubble Engineering. We'd do the same for this project,
the same for Sonntag with this same little letter of agreement. It's a one-page deal that
just says that we're going to process the plans, but until the sewer and water issue is
resolved, the building permit will not be issued.
Rountree: Thank you. Any other questions?
Bird: Is the public hearing still open?
Stiles: Mr. President, Council, as far as the roadway dedication, the earlier Items No.3
and 4 that were tabled because the development agreement hasn't been signed, City
has a little chicken and egg scenario, too, is that we will not annex the property until the
development agreement is signed and recorded, so it's - the conditional use permit
cannot be acted upon today, and I noticed from their letter that they would not finalize
their purchase of the property until all entitlements were received including building
permits, and that's not the way we typically run things in Meridian, and hopefully they'll
be able to resolve that and either get the existing property owner to sign that
development agreement and encumber the property with those conditions or finish their
purchase and then they can go ahead with the recording of that development
agreement and they'll be able to dedicate that right-of-way. I think, I don't know - this
subdivision previously, these lots had gone clear out to the center of the road. Even
though Ada County Highway District recognizes those as public streets, most of these
lots still do show the ownership clear out to the center of the road, so particularly since
we have sewer and water facilities in those streets, we want to make sure that that is
received prior to processing the building permit. It gets real hard if you try to get this
documentation after the fact because things get lost. We're trying to maintain some
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 60
consistency so that we have that in hand before we process because it does get lost
after the fact. That's alii have.
Rountree: Any other questions?
Bentley: I have none.
Rountree: Applicant, do you have additional information you want to provide?
Simonds: First I'd like to address the fire-life safety issues with regard to the hydrants
and water -
Rountree: Can I get you to do one favor? Flip the switch on that mike. The
microphone right there. We're getting feedback up here. Thank you.
Simonds: How's that?
Rountree: That's good.
Simonds: Anyway, back to the fire-life safety issues. As far as fire protection out there,
we're building concrete and brick buildings. There isn't going to be a scrap of would
around to burn. So from a fire safety standpoint, we won't need water. We'll have
plenty of extinguishers (inaudible) small fires. Regarding the streets and the dedication
of the four feet and everything, there's still a bit of a title issue regarding where, Shari
had mentioned, where the streets end and our property starts. There's two
interpretations out there we're still talking with ACHD about. Right now, based on the
amended plat for Magic View, the property line goes out to the center of Gentry Street
and also to the center of Allen Street, and we're trying to figure all that stuff out. So
that's part of the reason I want to get some time on that also. Answer any other
questions.
Rountree: Any other questions for the applicant?
Bird: I have none.
Rountree: Thank you. Again, anybody else from the public? Any further discussion?
Motion to close the hearing?
Bird: So moved.
Anderson: Second.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 61
Rountree: Moved and seconded to close the hearing for Item No. 12. All those in
favor?
MOTION CARRIED: ALL AYES
Rountree: Motion passes. Hearing's closed. Discussion, direction, motion?
(inaudible discussion)
Rountree: Mr. Bird.
Bird: I'll just show him (inaudible) -
Rountree: Did you show (inaudible) -
Bird: -- I'll get right after it here. Mr. President.
Rountree: Mr. Bird.
Bird: I move that we have the Findings of Fact and Conclusions of Law Decision and
Order for the conditional use permit for two two-story office buildings on Eagle Road
Professional Center by Andrew Simonds-Fermor, LLC with the conditions.
Rountree: Which conditions?
Bird: I guess with the Planning and Zoning conditions.
Rountree: I need a second.
Bentley: Second.
Rountree: It's been moved and seconded to have Findings of Fact and Conclusions of
Law prepared for the conditional use permit subject to the conditions of the Planning
and Zoning Commission for two-story office building, Eagle Road Professional Center
by Andrew Simonds-Fermor, LLC. Any discussion? Mr. Gigray.
Gigray: Just a point of information, Mr. President, members of the Council, for a
direction on preparing the findings on the conditions, I beHeve there was some evidence
produced here by the staff regarding a response by Steve Siddoway in his letter of
September 20th that proposed to amend certain items regarding Item 1.26 and 1.27 of
the recommendations of the Planning and Zoning Commission. I don't know whether
you want that included in this motion or any of the proposed changes of the applicant
with regards to changing those two items from Certificate of Occupancy to - rather from
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 62
building permit to Certificate of Occupancy, I think, was the main issue there of the
staff's position and should be Certificate of Occupancy.
Bird: I think -
Gigray: I mean building permits.
Bird: I think the recommendation by the staff was to go through the recommendations
that was presented to us, if I'm right. Is that not right?
Rountree: Mr. Bird, what's the intent to your motion, then?
Bird: The staff's recommendations.
Rountree: Okay. Does everybody understand that? You have a question? Roll-call
vote. Mr. Anderson.
Anderson: No.
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
Rountree: Two in favor, one opposed, motion passes.
MOTION CARRIED: ALL AYES
13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY
RAY CHASE/REGENT BUSINES8-1302 E. FIRST STREET: (CONTINUE
PUBLIC HEARING UNTIL 10/5/99)
14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO
R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD:
(CONTINUE PUBLIC HEARING UNTIL 10/5/99)
15. PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O
BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE:
(CONTINUE PUBLIC HEARING UNTIL 1015/99)
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 63
16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN
HOME DA YCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE
STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99)
17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34
ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIA lES OR ASSIGNS
LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC
HEARING UNTIL 10/5/99)
18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000
SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY
FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT
15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL
1 0/5/99)
19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801
ACRES FOR T ARAWOOD SUBDIVISION BY MICHELANGELO
INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF
SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99)
20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD
SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SQUTH OF LOS
ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE
PUBLIC HEARING UNTIL 10/5/99)
Rountree: For those of you who have been here all night listening to hearings, it's past
10:30, and we will not open by recommendation of the Council additional public
hearings this evening. Those hearings, point of information from Council, we should
continue those; is that correct?
Anderson: To a date certain.
Rountree: To a date certain? Do we have to do that on each individual one or can that
be done as a group?
Gigray: Mr. President, members of the Council, I believe that if you entertain a motion
with regards to all the public hearings so long as you list the items on the agenda that
you'd be referring to, and then list the date certain upon which those public hearings will
be conducted. I suppose you're looking at October 5th.
Rountree: Mr. Bentley.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 64
Bentley: Mr. Presidentt I would move that we continue the public hearings for Items No.
13 through Item 20 until October 5th, 1999, and that is on the revised 9/20/99 agenda.
Bird: Second.
Rountree: Been moved and seconded to continue public hearings on agenda Items No.
13, 14, 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5th.
Any discussion? All those in favor?
MOTION CARRIED: ALL AYES
Rountree: I'm sorry for that; because of the lateness of the evening we've got to move
on. Everybody understand that it'll be October 5th? Okay. It'd be on the front of the
agenda. We won't have another two-hour hearing between you and -
Bentley: Table the rest?
Rountree: Well, we can move on the rest if -- I mean, it shouldn't take
Bird: Shouldn't take as long to go through these.
21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO.1 AND
2 BY LARRY HANSEN AND LUNA VISTA, INC. - BROADWAY AND 8TH
STREET (951 W. PINE): (APPROVE)
Rountree: We've just got some preliminary plats. Next on the agenda would be Item
21, the final plat for Tremont Place Sub No.1. Staff, any comments?
Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was
submitted as No. 1 and No.2. This area right here, the Hansens owned and they
decided to combine these two plats for a final plat. We have received a response from
the applicant; they have indicated concurrence with our recommendations, and we
would recommend approval.
Rountree: Any questions for Shari?
Bird: I have none.
Rountree: It doesn't appear that there is anybody here representing the applicants.
Was Bob - okay. He's gone. Need a motion for consideration of the final plat for
approval.
Bentley: Mr. President.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 65
Rountree: Mr. Bentley.
Bentley: I move we approve the final plat for Tremont Place Subdivision No.1 and No.2
by Larry Hansen and Luna Vista, Inc. subject to staff conditions.
Rountree: It's been moved and seconded to approve the final plat for Tremont Place
Sub No. 1 subject to ~taff conditions. Any discussion? All those in favor?
MOTION CARRIED: ALL AYES
22. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.1 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
(TABLE UNTIL 10/5/99)
23. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
(TABLE UNTIL 10/5/99)
Rountree: Next item, Item 22, request for final plat for Vienna Woods Sub No. 1 by
Skyline Development Company.
Stiles: Mr. President, Council, this is the infamous Peterson property. The 80 acres
that is just a half mite south of Chinden on Locust Grove. Infamous. It is in the county;
they are required by state code to comply with our zoning and subdivision ordinance;
they have designed the project to meet our R-4 standards. One item of concern is that
we still don't have off-site drawings for any of the sewer and water improvements. And
that is reflected in our commentsa Summerfield Subdivision is approximately one mile
south on Locust Grove and that's where there's an existing well. The initial proposal
was that they wouldn't hook up to city water, but they have since worked out with Gary
that they will be required to hook up to city water and will need to extend services to do
that. All of this area here, Boise area of impact, follows this line. This is all being
developed as an R-181 which I think probably equates more to an R-8 in our zoning
ordinance. This is where the city park, Boise City Park is. They have submitted final
plats for No. 1 and 2 which would be this many units, the units - the lots are large
compared to most of our R-4 developments. They would propose to have a lift station,
is it this location? on the southern boundary. Those details have not been worked out
yet. They will also be required to extend the trunk line for the city's sewer system within
the development. Any questions?
Rountree: Questions of Shari?
Bird: I have none.
MERIDIAN CITY COUNCil MEETING
SEPTEMBER 21,1999
PAGE 66
Rountree: Okay. The applicant want to present? Okay.
Johnson: Pleasure. My name is Tucker Johnson, I represent Skyline Development.
Address is 10464 Garverdale Court in Boise. This is the final plat for both the first and
second phase. What is currently presented there is the first phase, just so you're
aware. We have responded in writing to staffs recommendations. We have been
working in some detail, and numerous occasions with staff, specifically Gary and their
legal counsel, Mr. Gigray, relative to several different issues. Some of them are more
legalistic than I have the expertise, so therefore, (inaudible) address some of those
items. But we are asking for final plat approval this evening. We have submitted the --
thank you, Shari. That's the second phase. We have submitted the construction
drawings for the sewer and water on site for both of these phases. The off-site facilities
we have been working with staff extensively, as I said, in determining the proper
location for whatr in our discussions, we have called a mini-regional type location for this
lift station. So the City would eventually have to have multiple lift stations was the
intent, or is the intent, if I'm not to paraphrase Gary. So we've been working on that,
and we believe through engineering calculations and analysis, that we have found a
suitable location which is the southwest corner, as Shari pointed out there, on Phase I.
The analysis has been conducted and Gary and staff are asking JUS, your master
sewer plan analysis - contractor to analyze what we've come up with to make sure that
conforms with what they've previously concluded. I don't believe they've concluded
their study yet, but from our discussions it's been favorable in terms of it looks like it
could be workable. Obviously, we can't get any homes occupied until the facilities are
operational. We will be extending the water line and the sewer line from just north of
Summerfield Subdivision where the new - I'm not sure the correct term, but I'll call it a
va-tech high school or school -
Bentley: Charter school.
Johnson: -- thank you - is being
*** End of Tape 2, Side 2 ***
Johnson: - being built, so we will be connecting at that location. The hydroanalysis for
the water model basically is being coordinated between my engineer's office and Gary,
with Brad, actually. We have just completed with our firm and my engineers have just
completed, just basically short of a two-mile sewer extension facility and lift station and
so forth in Boise's area of impact in Ada County project. And having gained that
expertise, you might say, we're very comfortable in working with your staff to achieve an
equitable and effective solution in terms of those improvements. We would like to
proceed with the approval of the final plat based on staff comments and my proposed
modifications to staff comments because the County will obviously need to hear these
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 67
final plats and act on the final plats prior to anything additional happening. At the
pleasure of the Council, Mr. President, I would be glad to quickly run through, I'm not
sure if you had time to review my comments relative to staff comments. I'd be glad to
go through those one by one just for your clarification and understanding.
Rountree: That'd be fine.
Johnson: Okay. Under the general requirements, Item 1 was the street (inaudible)
determined that the street we proposed to name Mandleson (sic), which is the most
southern street be changed to the name Camisky (sic), which is a street that aligns but
will never directly connect in Boise's city limits. I would propose and hope that maybe
the name Mandleson may be a stick here in that, well, dispatch perhaps has a different
angle on it. The people I talked to and the people who calf me out of confusion of where
in the world is this section of Mitchell Street, for examplet they don't under - the general
public dontt understand the alignment issue even though they never connect. And with
this subdivision already being based on a theme, people would recognize Mandleson as
part of that subdivision. Completely different jurisdiction, completely different zip code, I
would hope that it may be agreeable to ask the Street Committee -- Name Committee to
reconsider that requirement. Under the site-specific, if I may briefly just run through
some of these, Item 1, I believe that the Meridian are of impact with the county specifies
that a project like this one must comply with Meridian subdivision ordinance. These two
phases do comply with the Meridian subdivision ordinance and the Comprehensive Plan
with clarification. Ms. Butler will address that a bit further later on another item.
Number 2, no comment. Number 3, we have designed the storm drain system to ACHD
standards which are actually - and I think staffs comments directed is towards the park,
the future park area that would be contained in approximately Phase III. Just for the
quick sake of understanding, it's the big green area on this particular map - of the
preliminary plat, this central park. It's a depressed-type park situation; something that
the planners and different regional agencies have been pushing for this type of concept,
where in a major event, the storm water would back up in the park for a short amount of
time. ACHD standards are the following: In a 15-year event, the water would dissipate
within 24 hours. In a 1 DO-year event, which is the largest they really design for, it would
dissipate within 72 hours. Slightly different than the City's standards, but it's the
standards that the Highway District requires us to comply with. So for a point of
clarification there. Item 4, we will be bonding for various items, and I'm not aware of
any of the plats that you currently have in your area of impact. That obviously creates
some logistical processing of paper for building permits. If I understand the process
correctly. Jump in if you feel different. Just like they go to ACHD, a builder must get a
stamp from ACHD having paid - and a receipt having paid their impact fees before they
go to the county or the city before they get a permit. In this case, they would go to
ACHD, pay their impact fees at ACHD, and then they'd come to the City, pay their
assessment fees or hook-up fees for sewer and water. Just another item down lower
on the list. And then the City would grant a receipt or stamp the plans to that affect, and
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 68
the County would therefore know that they have paid their fees. I think that's the
appropriate procedure, if I'm not mistaken. We would - pardon? This is the first
subdivision we~ve dealt with. We don' t have a procedure, but that's a logical one.
Logical. We would like to be able to bond for the certain improvements. Obviously, we
can't get a building permit until the fire hydrants are working, until the street surface will
hold a fire engine and street signs are up. Other items like fencing, irrigation system,
we fully intend and will be required, as I understand from talking to the staff, to bond for
- would like the issuance of building permits to not be withheld strictly because they're
not complete - those items may not be complete at that time for various reasons.
Sometimes they're seasonal delays. I intended to do a little upscale type - some
improvements in terms of the fencing and so forth. I'm trying to be brief. Pardon me.
Item 5, again, we will be doing some bonding. I kind of addressed that. Item 6 is not a
problem. The lot is 89 feet wide. I'll check the plat while I'm talking. I'll help you read it.
Pardon us. Different lot. We can address - (inaudible discussion) okay. We'll work
with that on staff. Item 7 I've addressed with staff already. I believe staff understands
the 12-foot landscape and utility easement issue, so I don't think there's any cause for
concern there, if I'm not mistaken. Jtem 8 will just be an issue for the plat. Nine, I will
allow Ms. Butler to address. Item 10, the alignment of the sewer trunk and the gravity
irrigation and the storm drain lines can be worked out, I believe, with staff. This
comment from staff Item 10, if I may switch to this other microphone, was that -- this
comment is that the sewer lift station will be located in this location. The sewer trunk
line (inaudible) city that would eventually service this entire area be extended down this
pathway here and down Mandleson Street and then down through a pathway facility
here again to connect with another street - another portion of Mandleson Street. In this
area, because of the existing ditches and 'storm drain type facilities, we need to run, and
the preliminary plat - the construction drawings show, not only the sewer line running
through there, but also a storm drain tine and a irrigation piped ditch - basically piped,
put in a pipe - running through that same general location. We do have some flexibility
that this lot is rather large. We do have some flexibility maybe clipping off part of that
lot. I think we can work that out with staff in terms of exactly how to proceed on that. I
don't know if the staff, since I didn't hear back, needs an unencumbered 20-feet period,
only with sewer in it or if they can tolerate a low-level, a shallow irrigation line or
something to that effect in there. Item 11 Ms. Butler will address. Item 12, my
understanding that we've already discussed with staff and have reached an agreement
on Item 12. Thirteen is an issue that we have spent some great deal of time with your
legal counsel and with your city engineering, Gary Smith. This issue is relative to the
imposition of double hook-up fees for your current ordinance requiring for those
connecting to the city services, but not within your incorporated area. We have met
extensively, as I said, with staff and your legal counsel and have addressed this in the
following manner, and I'll try not to put words in your mouth, but to summarize this, this
plat be subject to the revised Meridian City Ordinance regarding connection fees. I will
not put any additional words into Mr. Gigray's mouth relative to his advice to you, but
that is a solution that we have come up with in our discussions. We'll come back to that
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 69
later in open discussion if we so need to. Item 14 is a request that the City will enter
into a reimbursement agreement so as anyone in the future connecting to the off-site
sewer and water line that will be extended because of its development, that anyone
connecting and utilizing those services would just be subject to a late-comers or
reimbursement agreement. I believe that summarizes the bulk of the presentation I
needed to discuss. I will allow Ms. Butler to address the items I briefly skipped over, but
I would be more than happy to answer any questions that the Council may have for me
prior to Ms. Butler's comments, if you so choose, or we could tag-team it following her
remarks.
Rountree: Any remarks?
Anderson: I don't have a questions, but I have a comment.
Rountree: Okay, Mr. Anderson.
Anderson: Regarding the street naming issue. For emergency services people, I
happen to work in that line of business, having the same named streets is very critical
because it's not just one jurisdiction; for example, that area would be responded to on a
medical call by Meridian Fire as well as Ada County medics who deal with all of Boise
and Eagle and Meridian and other areas. The Street Naming Committee has extensive
experience in naming those streets, and there's good reasons why. So it's not just a
convenience thing, it makes a lot of sense for emergency responders, police, fire and
medical, everybody.
Johnson: Thank you.
Rountree: Comments, questions?
Bird: I have none.
Rountree: JoAnn.
Butler: Good evening, Council. JoAnn Butler, 6078 North 8th Street. Just to reiterate a
couple of things that Tucker's already raised; the specific request that we're asking for
in connection with the changes to the staff report are, again, with regard to obtaining
building permits, as soon as bonding has been accomplished, because your ordinance
does allow building permits with bonding under Section 1254, and also requesting that
that temporary construction-type fence be allowed so that building permits can be
obtained before the fencing is put around the perimeter, so a specific change there. Mr.
Johnson asked me to address briefly the staff report No. 9 and 11, and there's a sub-
note under each of those asking for particular plat items or plat notes to be put on, and
that was the idea that minimum square footage of houses is 1400 square feet exclusive
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21t 1999
PAGE 70
of garages. That's a provision of your zoning ordinance, and since we're governed here
tonight by the platting ordinance, the subdivision ordinance, and the zoning ordinance of
Ada County applies to this, and that requirement is not in Ada County's - not to confuse
the issue, we're asking that not be included because that is not a governing ordinance.
If you have any questions on that, I'll be glad to address that further or just direct you to
the Meridian Area of Impact Agreement that has been entered into by the County and
the City. In regard to No's 13 and 14 addressing the connection fee and also the
reimbursement agreement or the possibility of it; as Tucker said, we've had number-
on a number of meetings with Gary Smith and legal counsel and Mr. Johnson's
engineers, and I know that they, in turn, the engineers have been working with your
outside consultants at JUB, several discussions trying to help the City align the sewer in
this area since we're so familiar with that area. And we've provided the City with
various draft reimbursement agreements that other municipalities have used to help the
City get that under its belt, and we believe that reimbursement when anybody is over-
sized lines, that it's only fair to do a collection from others that will be utilizing it. And
your ordinance under Section 94-19 does allow for that. With regard to the hook-up fee,
I know that you are presently looking at a - or the City probably your department heads
- looking at a change to your ordinance which reduces the double hook-up fee to a
consistent fee across the board: same fee for the same service. The reason for that,
the reason for the change in the ordinance is because that's what our courts require is
that if one person is getting a particular fee, they're supposed to be charged equally for
that fee. And that is what we've discussed this with staff before, and Mr. Gigray, I know
that's the direction the City's heading to, and I'll be happy to address that further in
detail. Not only have we - we're putting in the infrastructure ourselves, I think we're
going above and beyond to provide services and infrastructure to the City so we are
definitely not getting some kind of service over and above what is charged and what is
provided to those residents within the city limits. So with that, I think that's it. So those
are the items that we have a bit of disagreement with the staff on, and we appreciate
the Council's comments on and be happy to press further.
Rountree: Any questions for Ms. Butler?
Bird: I have none.
Rountree: Thank you. Any further discussion, questions? Mr. Bentley.
Bentley: I had a question for the staff. I'd like to hear what your thoughts on their
responses to your site-specific comments.
Smith: Thank you. Council President, Council members, I will address the comments
concerning sewer and water. We have had several meetings with the developer and
their engineer, and they have come back to us with proposals as far as the sewer
alignment is concerned such that we will have a lift station in the area serving
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 71
development or property that could develop other than this subdivision. And as Tucker
pointed out, our reasoning for that was to eliminate numerous lift stations that could be
required to serve the property, and they had agreed to all of that, and that was in line
with Mr. Gigray's and I response to the County Commissioners when this was before
them as far as the service in our impact area in concerned. And Tucker's correct that
their proposal has been sent to JUS who developed our master plan in this area; for
JUB's comments as to the alignment which is different than what they had shown on our
adopted sewer plan. We have not heard back from JUS at this point. On the water
issue, we will, with involvement of the applicant's engineer, run a hydraulic analysis on
our water system to make sure that the water flow is available at this site for fire
protection which is a big demand on a water system. And that has not been done, but it
will be done. The issue with the building permits and appropriate bonding in place isn't
any different than any other subdivision that has come before us, as long as we have
the fire protection, the water line is active, the water line is bacteriologically or free of
bacteria and can be connected to our system to provide the fire flow, and that we do
have street signs up and we do have a road base that will support emergency vehicles.
We started out with this as a very minimum requirement years ago. Over the years,
since that time, the developers have seen fit to improve the development to a point
where pavement is actually in place before they come in for building permits, and, I
know Tucker's been in the building business for a long time, we've seen this develop
over the years to the point where it is now simply because of the confusion that takes
place between the contractors that are building houses and the contractors that's
finishing the streets. There's a lot of collisions that take place between all of that. So I
think the developers have seen the benefit of having the streets paved before building
permits are issued. The double-connection fee, I guess, is an issue that we've talked
about before in the past and have never resolved it as to why it's even there, other than
I've always felt that it promoted an orderly development of the city from the inside out,
and our use fee for those that do connect to our system outside the city limits is the
same as it is inside the city limits. There is no penalty as far as the use fee is
concerned, if you want to attach the word "penalty" to this double-connection fee. I
have received a proposal from Mr. Gigray concerning an amendment to the ordinance
for this double-connection fee as it presently exists. I've read through it, I haven't read it
enough times to make any intelligent comment. So I don't have any comment for you
this evening concerning what's been offered, but I think it's as much a philosophical
question from the Council's standpoint as it is a technical question from my standpoint.
I know that part of this, as I remember reading it, and Mr. Gigray can correct me if I'm
wrong, but, I think that there's a provision in here that the development agrees to
annexation in the future as part of this connection to this system outside the city limits.
And that would be one very important point that we need to have that approval, that
okay, for future annexation; without knocking on doors. I probably missed some points,
but if I did - do you have any other questions of me on the sewer and water issues?
Rountree: No, just for Shari's turn.
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MERIDIAN CITY COUNCIL MEETING
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Stiles: Mr. President, Council, we did have an error in our comments, the No.6 under
site-specific should be Lot 3, Block 3. I think there's plenty of room in those other lots
that they can accommodate that BO-foot frontage. Ms. Butler brought up the point that
she didn't believe our zoning ordinance applied in this case. Idaho Code Title 50,
Section 1306 says plats within .our impact area shall comply with our zoning and
subdivision ordinance; so, regardless of what the County has unilaterally come up with
as an Area of Impact Agreement, we do believe that those zoning issues do apply. I
don't think with the size of the lots we're going to have any problem with having homes
less than 1400 square foot, but that is our zoning ordinance, and I believe they should
comply with our zoning ordinance. In fact, when this initially came to Ada County, we
had to remind them that we had to approve the preliminary plat; they thought our input
was irrelevant at that time. We did let staff know that state code mandated that our
subdivision and zoning ordinances were the ruling in this situation. That's probably
another issue we probably need to pick up at a later date as far as a Area of Impact
Agreement. It is a unilateral agreement, and the City has not signed an agreement.
There is no mutual document that states that we have an Impact Area Agreement.
They've passed an ordinance, told us that's what it is, and that's the agreement. So I
don't think - I think those are minor issues, you know. Of course, the major issues that
need to be determined are the double hook-up fees and these off-site improvements.
That's my two bits.
Rountree: Any other questions?
Bird: I have none.
Bentley: None.
Rountree: Recommendations, motions?
Bentley: Mr. President.
Rountree: Yes, sir, Mr. Bentley.
Bentley: I feel that there's too many issues that are unagreed to, unresolved with this
project as far as the staff comments go. And I'm not prepared to pass this until we can
see some light and get these issues straightened out.
Rountree: Any other comments?
Anderson: Mr. President.
Rountree: Mr. Anderson.
MERIDIAN CITY COUNCIL MEETING
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PAGE 73
Anderson: I'd say I was kind of astounded to see the 16 site-specific comments and
there were only two of them that were marked okay. So it seems like there are a lot of
unresolved issues. The late hour that this has delivered, the 20th, and I'll show you
there has been a lot of time for staff and the developer to try to work out some of those
issues, but I guess I would tend to favor tabling this and seeing how many of those
issues they could work out.
Bird: (inaudible)
Rountree: Any other motions? Is that a motion, a consideration?
Anderson: I would make it a motion that we table the final plat for Vienna Woods
Subdivision No. 1 until our October 5th meeting and allow staff and the developer a little
more time to resolve some of the site-specific issues.
Rountree: Is there a second?
Anderson: -- on - are we just doing the one right now (inaudible)
Bird: We can probably - we could do both of them (inaudible)
Rountree: We just have Item 23 and 24 or 22 and 23 are actually separate, but it's one
in the same. Phase I and Phase II -
Anderson: At this point, I'd like them to work out the issues on both those because
It's -
Bird: I would second that.
Rountree: Okay. It's been moved and seconded that we table Items 22 and 23 of
Vienna Woods, Phase I and II until our next regularly scheduled meeting which would
be October 5th. All those in favor?
MOTION CARRIED: ALL AYES
Rountree: Staff reports.
Butler: Council members, if I might. JoAnn Butler, 6078 North 8th. Before you move
into your staff reports, just a point of order or ask, I did deliver a letter to the Council and
to the City Clerk today asking for a reconsideration of your order and decision from two
weeks ago and would like to ask the Council if they would make a decision on that, and
if they would like me to speak to that.
(
I.
MERIDIAN CITY COUNCIL MEETING
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PAGE 74
Gigray: Council, have you had an opportunity to read that letter?
Rountree: No, I have not. (inaudible) we take it in advisement and act on the request at
a later date?
Butler: Before you do that, I think you'd probably want to ask your attorney whether or
not that can happen under your procedural rules, a reconsideration has to be taken up
at the next hearing, we are in a situation where we are requesting a reconsideration,
and by that meaning asking the Council whether it will decide to re-open the public
hearing and set it for public hearing at some date that you set. If that does not happen,
I think today, because of the 28-day appeal period that runs following a final decision,
an appeal would have to be filed. I think that we would miss the opportunity to
reconsider. I can briefly paraphrase that letter and what I'm requesting for those that
haven't had the opportunity to read it, if you'd like.
Rountree: If you would hold off for a minute, JoAnn. Mr. Gigray.
Gigray: Mr. President, members of the Council, just to a point of order, as I understand
this letter, and I have received a telephone call from JoAnn Butler regarding their intent
to seek some kind of reconsideration, and I believe they're doing that under (inaudible)
of Roberts Rules of Order; if that's the case, then it would require someone who voted
in favor of the Findings of Fact and Conclusions of Law and order to move to reconsider
that it would require a second, and then it takes - you can have debate on that
yourselves, if you are going to debate it. The debate should be limited to whether or not
you should vote in favor or not in favor of the reconsideration. And then you would call
a vote on that and it takes a majority to reconsider. And I think that's the spirit in which
their motion has been made. I might point out that I have prepared a ordinance for
consideration by Public Works and by Planning and Zoning Commission which is
designed to deal with motions for reconsideration, and because I do believe that we are
getting more and more of these kinds of requests. I want to have - recommend, I
should say, that the City should have a mechanism by which those are done, criteria by
which they are decided, and I would tell you that the proposal that I prepared would deal
with this on the standpoint that only a written statement would be prepared that would
outline whether or not, in that statement, that they would have a case for judicial review,
and then the Council would review that written statement and vote whether or not it
would even consider it or not, and that would, of course, be a delayed final action so
that it wouldn't prejudice developers if they wanted to make that type of motion. But we
don't have that kind of ordinance at this place, so, as I understand it, the spirit of why
this motion is being made is being pursuant to those Roberts Rules.
Rountree: Any other questions of Mr. Gigray?
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MERIDIAN CITY COUNCIL MEETING
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Bird: Are you going to discuss this? I'm going to leave. I'm serious. (inaudible)
Rountree: I understand your situation. I'm just trying to get a procedural. The request
has been made: do we respond to the request this evening? Do we want to take it
under advisement to enact on it at a later date? I think that's the question. Ms. Butler
wants us to do it right now, apparently, and feels that that's in order.
Bentley: And I'm not prepared to do it right now.
Rountree: Mr. Anderson.
Anderson: I'd like to read the letter and consider it more before I make a decision; so,
I'd like to just take it under advisement at this point.
Rountree: Mr. Gigray, comments?
Gigray: In my view, when you may take final action on Findings of Fact and
Conclusions of Law and an Order of Decision, that stands until you've rescinded that,
and, of course, if you were going to ever invite a revision of the facts and the
circumstances in this particular matter, my recommendation would be that you would
have to go to the extent of requesting and re-opening a public hearing to give all
affected property owners an opportunity and due-process to address any additional
issues that would come up. If you - if one of you feels that you want to reconsider this,
who voted in favor of these findings and move to reconsider it on this request, if no one
makes the motion, there's nothing that comes before the Council for action and it dies at
that point, and they move on with their legal action and whatever they choose.
Anderson: Correct.
Rountree: Clear?
Anderson: As mud.
Rountree: As mud. Request for reconsideration received. Having no motion, I would
take that to mean that we aren't receptive to that.
Butler: Thank you.
Rountree: You can come back, Mr. Bird. Before we get into staff reports, we have the
Union contract. You do have a resolution dated September 21st by (inaudible). Any
discussion? Mr. Bentley.
MERIDIAN CITY COUNCIL MEETING
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PAGE 76
Bentley: Yes. I would just like to say that, and I think I can speak for Ron, but I don't
have to. I appreciated the manner in which the negotiations were conducted. We got
through them a lot quicker than we did the last time with a lot less problems. We had
some disagreements, but you always do. I though both sides conducted themselves
very professionally, and I appreciated it.
Anderson: Mr. President.
Rountree: Mr. Anderson.
Anderson: I'd also comment, as a member of the Negotiating Committee this year and
last year, that I appreciate the fire. fighters' spirit of cooperation, and I think having one
years' negotiations under our belt was a benefit for both sides because both sides are a
little more aware of the processes now. I think the first contract is probably always the
most difficult to hammer out. We did work out an agreement for a two-year contract this
year, and I think the contract is getting better each time we go through this process, and
as we get into it a few more years, there will be less and less issues that have to be
addressed in the contract negotiation process, but I'd like to thank the fire fighters for
their cooperation, and I would make a recommendation that the Council approve this
contract.
Bird: What's the Resolution number?
Rountree: It'd be 255, I'll bet, but I'm not sure.
Unidentified Speaker: Yes.
Bird: Then I'll second the motion.
Anderson: I didn't make a motion. I just made a recommendation, but I can put it in the
form of a motion.
Rountree: That would be good.
Anderson: Okay. I would make a motion that we approve Resolution No. 255 and
recommend approval of this contract between Local 2311 of the International
Association of the Fire Fighters and the City of Meridian.
Bird: Second.
Rountree: It's been moved and seconded to approve Resolution No. 255, resolution for
the Union Fire Contract. Let's do a roll-call. Mr. Anderson.
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MERIDIAN CITY COUNCIL MEETING
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PAGE 77
Anderson: Aye.
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
Rountree: Mr. Rountree, aye.
Anderson: And also include in that motion to authorize the Mayor to sign that?
Rountree: (inaudible) Do they want it executed immediately?
(inaudible discussion)
Rountree: The Mayor or his authorized (inaudible) if it's signed (inaudible) then it could
be Charlie.
Anderson: That's true.
Rountree: Motion - the resolution is passed; correct? Okay.
MOTION CARRIED: ALL AYES
24. DEPARTMENT REPORTS
A. JANICE SMITH: TREASURER'S REPORT
Rountree: Department reports? Will, you're the first one.
Berg: (inaudible) make a comment?
Rountree: Yeah. You can also - Will will also make a comment on the Treasury
Report, but (inaudible).
Berg: Yes, Mr. President, members of the Council, the City Treasurer asked me to just
to follow up on the information that she submitted to your box about investments and
some other information. She's sorry she couldn't be here tonight. She said she had
another commitment with her daughter and the school function, but if you had any other
questions for her, I could -
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MERIDIAN CITY COUNCIL MEETING
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Bentley: Call?
Berg: Well, she said relay the messages tomorrow or later on today. Who knows. So,
if there is, let me know.
B. WILL BERG: TABLED 917199: APPLICATION FOR ADULT BUSINESS
LICENSE BY VALLEY VIDEO. (APPROVE)
Berg: Going down to Item B which was a table from last meeting; the application for
adult business license by Valley Video. I had on your desk area the information,
additional information that I received inquiring back from other staff departments in the
City as well as one other outside agency, and I have those comments attached. I know
Shari submitted another letter or comments to you tonight, also. So I just ask for your
decision on this application for adult business license by Valley Video.
Rountree: Okay. You have that information. This establishment has requested an
adult entertainment business license for the rental, I assume, of adult videos. And, no,
Mr. Berg, you can't wait until your term is over to - any discussion? Questions to staff?
Bird: (inaudible) want to review it. Mr. President.
Rountree: Mr. Bird.
Bird: Why does our City Attorney not want to review it?
Gigray: Mr. President, members of the Council, we have reviewed it and I did supply a
report to Mr. Berg regarding this, but I am suggesting we have some other amendments
to this ordinance that we're going to be recommending that not only deal with this, but
some other things. The problem that you get into as an attorney is these matters of the
issuance of license are quasi-judicial matters, and the Rirey (sic) School District case
which the Supreme Court's decided within the last year has given the Idaho Supreme
Court has taken the position, as I've seen in other jurisdictions earlier, that due-process
requires a fair and impartial decision-maker, and if you have the City Attorney doing
work with regards to investigation of licensee and then turns around and is advising the
Council as to whether or not the licensee should be licensed or not 1icensed, or
whatever, could be presumed as a conflict of interest disqualifying the attorney from
representing or advising the Council on those situations. And that is the reason why I
will recommend that that be taken out of that ordinance. And we don't want to review
the videos.
Bentley: Mr. President.
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Rountree: Mr. Bentley.
Bentley: I see there's a lot of "no comments" in here. Do we get that option?
Bird: Let's go for it. (inaudible)
Rountree: I think it has to be responded to.
Gigray: I guess the question - Excuse me, Mr. President and members of the Council.
Rountree: Go ahead.
Gigray: Is whether or not from the Clerk's standpoint he feels that he has a completed
application and given the comments that the applicant has met the terms and conditions
of the ordinance. If so, then I don't see that you have much choice. If there are still
incompletions in the - have an incompleted application form or their based on the staff
comments that would show that this applicant is not proper applicant to have the license
or hold it, then there is a basis to deny it. And I don't know if the Clerk is still not ready
to make that recommendation. I suppose you could continue it one more time.
Bird: Mr. President.
Rountree: Question, Mr. Bird.
Bird: City Clerk, what's your - is this all - (inaudible)
Berg: Council President, Councilman Bird, as far as I understand, the applicant in good
faith came to my office at the request of the Code Enforcement Officer and applied for
this application not hiding anything from which he is currently doing which is, my
understanding, above what our ordinance says as far as him dealing with 21-year-olds
only, which our ordinance says 18; him having the things put in the back room where
they're not displays or publications or in view of other minors. Because there might be
some amendments that we need to make in our ordinance. I can't hold him
accountable maybe for some of our loopholes that we have done. So in good faith, I
think in good faith of his mannerism in which he approached us following our
instructions, I don't have any problems with issuing this type of license. I do encourage
that we need to look at our current ordinance and tighten up some other things as well
as some zoning compliances that we may need to change and strengthen it up.
Rountree: Mr. Bird.
Bird: I got a comment, Charlie. I, you know, we worried about, and we did a good job
of getting taken care of the topless bars and all that crap around here, but I guess we let
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 80
something like this slip over. My way of thinking, this is worse than the topless bars as
far as this stupid video stuff, and I know Nampa and Caldwell has had major problems
with it. But if (inaudible) I guess, we don't have anything to do about it.
Rountree: Comments, questions. Need a motion. Nobody wants to make a motion?
We have to respond to the request.
Bird: (inaudible) if they were under - Excuse me, Mr. President. If they were under our
ordinance and everything, we really don't have to - we don't have to have a motion on
that if they meet all the things, do we? Mr. Gigray? I mean, that's a licensed - it's a
procedure that you just go get a license, isn't it? Charlie.
Rountree: Oh. Excuse me. Will's got me and Mr. Gigray.
Gigray: Mr. President, Councilman Bird, members of the Council, as I understand it, the
way the ordinance reads presently, it has to be approved by the Council. We can
change that provision so it can be simply issued by the Clerk, but the way it reads now,
you have to prove it, so it's going to take some action on the record to do so.
Bird: I don't (inaudible).
Rountree: Ordinance actually says City Council will act at the next meeting after the
application, so we've tabled it once, and -
Bird: So we (inaudible)
Rountree: Action needs to be either to approve or deny.
Bird: They told me we couldn't make a motion to deny it.
Gigray: You can. Excuse me, Mr. President.
Rountree: Mr. Gigray.
Gigray: Members of the Council, you can make whatever motion you want to make.
I'm - if it meets the requirements of the ordinance, if there isn't some basis -
Bird: (inaudible).
Gigray: - to deny it - if it's a matter of terminology or whatever based on - you can
make the motion based on the Clerk's report that it meets and complies with the
ordinance that the license be issued.
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*** End of Tape 3, Side 1 ***
Anderson: Mr. President.
Rountree: Mr. Anderson.
Anderson: Due to the fact that I see no violation of City Ordinances here, this request
meets city ordinances, I would make a motion that we approve this request.
Bird: I'll second it.
Rountree: Been moved and seconded that we approve the request for application for
adult video request, adult entertainment business license. Any discussion, Mr. Bentley?
Bentley: Yeah. Unfortunately, I'm going to have to agree with him. They are qualified
under our ordinances and, to my distaste and displeasure, we will have to support this.
Rountree: Any other comments?
Anderson: I, too, would not be in favor of this type of establishment, and I think we
need to do something as soon as possible to address this in the form of an ordinance.
Rountree: We don't have any future requests like this coming before us?
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: I agree with what they said, and I think it is true Gigray needs to get that
ordinance redone and get this stuff out of here, and get back before us immediately if
not sooner. And then, like Glenn says, we - if they'd done everything to the ordinance,
there's nothing we can do now. I hate to vote (inaudible)
Rountree: Okay. Any other comments? Okay, motion has been made to approve the
request for the application. All those in favor? It's a silent majority. Request has been
approved.
MOTION CARRIED: ALL AYES
Rountree: Request has been approved. Gary.
c. GARY SMITH:
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MERIDIAN CITY COUNCIL MEETING
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PAGE 82
1. PRESSURIZED IRRIGATION LINE EASEMENT IN THE
VILLAS AT THE LAKES SUBDIVISION: (APPROVE)
Smith: The short version. Mr. President, Council members, first item is a request from
The Villas at the Lake. They're (inaudible) wanting a grant, an easement across city
property which is to be occupied by the golf course clubhouse for a pressure line,
pressure irrigation line that would connect the lake at Cherry Lane No. 8 Subdivision
with The Villas at the Lake Subdivision, and the document that you have in front of you
is, I believe, has been reviewed by our City Attorney, and being presented to you this
evening for approval to grant this easement.
Rountree: Any questions? Mr. Bentley.
Bentley: Mr. President, thank you. Mr. Gigray, have you reviewed this (inaudible)
order?
Gigray: Mr. President, members of the Council, the form I have reviewed, I guess the
only question I have is whether or not we have the consent of the leaseholder on this
which is Cherry Lane Recreation, since they hold the lease, and I think Gary's covered
that; I just didn't hear that. I'm trying to remember if we got that on this one.
Smith: I guess I can respond, Mr. Gigray and Mr. President and Council members, that
it was sent to them for their review. I remember seeing that correspondence. I don't
remember seeing a response.
Bentley: Well, question -
Smith: But we've had a problem in the past.
Rountree: Mr. Bentley.
Bentley: This does benefit the golf course or does it?
Smith: No. It doesn't, sir. It just ties in the pressure irrigation system for two
subdivisions, and that was the only way (inaudible).
Bentley: So the golf course isn't going to use that for the piece of property?
Smith: No, sir. It would be in their parking area as I understand it. Future.
Bentley: Not after the asphalt's poured, is it?
Smith: No. It's on the other side of the ditch; Eight Mile lateral.
MERIDIAN CITY COUNCIL MEETING
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PAGE 83
Rountree: Any other questions? Mr. Gigray.
Gigray: Point of information. Procedure. You might consider passing a resolution
authorizing the Mayor to execute this gift deed of easement subject to and conditioned
upon Recreational Properties, Inc. consent as leaseholder to that lease, because I think
that Gary's on top of this, I just had to give him the needed authority, but we wouldn't be
executed until that happened.
Bentley: So moved. You going to second that or what?
Bird: (inaudible)
Rountree: You want to clarify what your motion is?
Bentley: All right. I move that we approve the easement for the pressurized irrigation
requested by Stiner Development through the clubhouse area subject and authorize the
Mayor (inaudible) to attest subject to Cherry Lane Recreation, Inc's approval.
Bird: Second.
Rountree: Been moved and seconded to approve the request for the lease for the
pressurized irrigation system subject to Cherry Lane Rec's approval. Any discussion?
All those in favor of the motion?
MOTION CARRIED: ALL AYES
Rountree: Motion passes.
c. GARY SMITH:
2. WATER 1 WASTEWATER BUDGET LINE ITEM
TRANSFER: (APPROVE)
Smith: Thank you. Second item we have is just kind of a housekeeping item for the
wastewater and water department. These are budget line item transfers, and what it
amounts to in both cases is the distribution of funds that were budgeted under one line
item in this year's budget and breaking that one line item into specific project line items
with specific dollars assigned to each project. And the reason for this is just to facilitate
better cost accounting on the projects, and that's the basis of the request.
Rountree: Mr. Bird.
Bird: We need a motion to approve this change?
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MERIDIAN CITY COUNCIL MEETING
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Rountree: Yeah. It'd probably be good.
Bird: Mr. President, I move that we approve this transfer of account numbers into each
different project as they come necessary so for the accounting of the job costs.
Rountree: Second?
Bentley: Second.
Rountree: It's been moved and seconded to approve the account numbering for the
wastewater budget line item transfer. Discussion? All those in favor of the motion?
MOTION CARRIED: ALL AYES
Rountree: Motion passes.
Smith: Thank you. Would it be possible just to run one little flag up the pole this
evening before -
Rountree: It's still today. It's not tomorrow yet.
(inaudible discussion)
Smith: And I'll bring this agreement up to Bill Gigray for his review, but we've been
trying to put together a joint project in the southeast part of - well, it's between
Overland Road and the Magic View Subdivision in getting sewer and water under the
interstate. We're trying to make this a joint project with the developer, Gary Voigt, who
is extending the sewer from Five Mile Creek where it's presently located, under the
interstate to Overland Road. And this is being done to provide service to the future high
school site and other property over there. Because the water also needs to be
extended and tied in from the south side of the interstate to the north side of the
interstate, we felt it was an opportune time to run these two projects together and
basically put them in the same easement. We went through the contacts, the property
owners, and finally got the approvals of everybody to make this a joint-utility easement.
Sewer is considerably deeper in this area than the water would be, and so, facilitate the
installation, it was obvious the sewer needed to go in first because of its depth, the
water would follow along. The developer, with my agreement, bid the project out so that
he's got a bid for sewer and the water installation. I researched it a little bit and found
that City of Boise has done what they call a reimbursement agreement where a
developer has installed a city line, sewer line in this case, for Boise, and then was
reimbursed by the City for the cost of that installation, provided that they follow certain
procedures, and one, of course, was the bidding process. This project was also
(
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MERIDIAN CITY COUNCIL MEETING
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PAGE 85
advertised in the local newspaper for bidding, but they had really good bids, they got
what I think is one of the better contractors in the area, Brown Construction, is a little
better, and I just got a copy of this sample agreement, reimbursement agreement, today
from the engineer for the project, and we actually had two engineers working on it.
Briggs Engineering was doing the sewer part, JUS Engineers did the water part
because we've also got a water project going to connect this crossing from both ends to
make the loop, and we were just trying to make this connection, or this crossing,
because of the depth, or because of the location with regards to the sewer, and also
because of the depth and the fact that it had to be bored under the interstate so that we
felt one contractor (inaudible) advantageous to developer, it'd be advantageous to the
City to have one contractor doing both pipelines. So 1- the short of this is that I need to
bring a reimbursement agreement back for approval and one of the problems that I
found out Monday is that the pipe price has gone up 40 percent since the time that they
bid the project; believe it or not, it went from $1 0 to $14 a foot for the pipe. And so I
need to get this nailed down or tied down quickly, and they are preparing, I guess, to
move right away on their part of it just because of the cost, as far as the sewer goes,
and I'd like to tie these together, but again, I've got to bring this reimbursement
agreement back to you, and I need to get it to Bill so he can review it.
Bentley: Mr. President.
Rountree: Mr. Bentley.
Bentley: I would move that Gary work with City Attorney Gigray in working on the
reimbursement agreement for the boring of the sewer and water lines.
Bird: And giving the go-ahead then -
Bentley: Yes.
Bird: -- to pursue - I'll second that if that's what the motion is. Okay.
Rountree: It's been moved and seconded to have City Engineer work with the City
Attorney on the agreement and to proceed with the agreement on the joint boring. Any
discussion? All those in favor of the motion?
MOTION CARRIED: ALL AYES
Rountree: Move forward, Gary.
Smith: Point of clarification. Will this be a boring agreement? Sorry. Never mind.
Gigray: Only if we have two attorneys talking.
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21 J 1999
PAGE 86
(inaudible discussion)
Gigray: How many opinions do you want?
(inaudible discussion)
Rountree: Shari, you're up.
D. SHARI STILES:
1. PROPOSED PROJECTS IN CITY OF MERIDIAN
REFERRAL AREA: (SHARI TO WRITE LETTER FOR
DISAPPROVAL)
Bentley: She's up late tonight.
Rountree: She sure is.
Bentley: What are you still doing here, Becky? Are you still on the agenda some more?
(inaudible discussion)
Stiles: Mr. President, Council, I wish I had an overhead so you could see this a little bit
better. The - does everybody have a copy of this - I know you just got it and you
probably haven't had time to look at it.
Bentley: Whose name is on this?
Stiles: Mr. Kent Brown is asking for an area of impact adjustment to be included in
Boise's area of impact. This current area, all colored and everything, this area is in our
referral area. It's not within our impact area. It was what we requested to be included in
our impact area, but that was denied. Gary has responded as far as the sewer service
issues. It's pretty much at the end of the line if it were to ever be served by the City of
Meridian, it's about as far out as you could possibly get for sewer service. From - I
guess, Boise City wanted the response; they didn't want it to appear as a land grab by
them without some kind of --
Rountree: Yeah, right.
Bird: You believe that?
Stiles: No. They wanted a response, and I just didn't want to give them a response
from P & Z. I wanted to make sure that you were aware that this happening and see if
you had any comments on it. If they were to get this approved, I would like to make
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21 t 1999
PAGE 87
sure that there is a pathway required along the Ten Mile Creek as that would be the
continuation, hopefully, someday of our multiple-use pathway. Apparently, they're
proposing to extend what's going on with the Boise Ranch Golf Course as far as
subdivisions, and they would have some subdivisions on top of the ridge that would be
on this southwest side of the Ten Mile Creek - (inaudible) Columbia.
Rountree: That's where?
Stiles: Columbia, Ten Mile, I mean, sorry - Columbia Road, Cloverdale Road -
Rountree: Cloverdale.
Stiles: And the current impact-area boundary is -
Rountree: Right there.
Stiles: -- right here. So they're requesting this area, 40 acres here, about - oh, I'm not
sure about how many acres there, in this little flag to be included in Boise's area of
impact.
Rountree: They want part of our impact areas, normal, (inaudible) want to trade us?
Stiles: It's-
Rountree: How about the park?
Stiles: Yeah, the 40 acres-
Rountree: (inaudible) across from McMillan School. Becky, is that fair to trade? All
developed?
Bocutt: I'll pass that on to the City Council.
Bentley: Would you do that?
Anderson: So what are you asking us? Are we in favor of them taking -
Stiles: I just wanted to know if you had any comments. It's more of just to let you know
what's going on out there. I don't know that it makes any difference whether you
approve it or disapprove it. They're likely to get it approved anyway, but I didn't know if
officially you wanted to make any comments. They apparently do want some kind of a
comment. I don't know if they care whether it is from Council or staff or - keep your
mits off our stuff.
(
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 88
Bentley: So what are they going to do? Go around behind and start working their way
back up?
Stiles: They could go by way of Kuna and then all the way back through Star.
Anderson: So you would write some comment back to Ada County on behalf of us?
Stiles: If that's what you want me to do, yeah.
Rountree: I guess what you're asking is direction from Council, and what I'm hearing is
Council is not favorable to this proposal, and that maybe the suggestion is if you would
draft a letter in that regard to whomever has requested our comments for the Mayor and
Council's signature.
Bird: That's what I'm asking for, and I'm definitely not in favor of it. I think they've taken
enough of our - not that this is top ground, but--
Rountree: Well, it won't be the first time that we've taken this position.
Bird: No. It won't be the last. At least we got a commissioner now.
Rountree: (inaudible) done any good, but.
Stiles: So is that unanimous?
Bird: You better believe - well, it is on my part.
Bentley: Amen.
Rountree: Do you want to make a motion to that effect or is that sufficient direction for
you?
Bird: Is that sufficient direction or do you want a motion?
Stiles: That's fine with me.
Bird: Okay.
Stiles: Thanks.
Rountree: Mr. Bentley.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 89
E. GLENN BENTLEY:
1. DONATION FROM CHAMBER OF COMMERCE AND CITY
OF MERIDIAN. (DISCUSS LATER)
Bentley: Yes. Mayor asked me to pass on a couple of things. Everybody got a copy, I
believe, of the letter from the Chamber concerning the donation they're liking to do for
the Treasure Valley Partnership to work together to bring commercial growth,
companies, to the Meridian and Boise area. They're asking for a $10,000, they're
asking the City to put up $5,000 and the Chamber is already, by this letter, matching our
$5,000 if we put it up. So, I'd like to know what our pleasure is on that.
Rountree: Mr. Anderson.
Anderson: I have a question. My understanding is Meridian was part of the auditorium
district that was being proposed between Nampa and Caldwell that the purpose of that
would be to help promote tourism and to bring more business into the community, and
they were proposing funding that through a hotel-motel tax, and Meridian's chamber
chose not to be a part of that. I guess I'm a little bit curious why we wouldn't be in favor
of something like that, and now we want to take it out of the tax dollars, property tax
dollars, to fund the promotion of those types of things, and it would seem like the logical
choice would have been to participate in that auditorium district.
Rountree: Did he -
Anderson: Anybody have any comments?
Rountree: Mr. Bird. You've been on the chamber board?
Anderson: Yes, sir.
Rountree: Well, give us the skinny there.
Berg: Well, Mr. President, members of the Council, the presentation from the Nampa
auditorium district presented to the Chamber Board, Meridian Chamber of Commerce,
was a rush untimely situation that the Chamber didn't understand all the aspects that
they were getting into, especially when it is dealing with proposed voting delegation of
certain districts. Things were not established that Meridian would have a member on
the Board or would not - it was the same thing as from where Boise ends along the
freeway to Nampa and Caldwell. So they were unsure. They thought they were being
very pressured and rushed to get this on board before they had time to analyze the
whole proposal. And a decision was to be made immediately, and they were not ready
to make that decision. That is one point of view of the board member. The other
concern was if it was for sure to be voted on and get it on the ballot for election this fall,
{
(
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 90
and there were some aspects that it might not make it, or they'd have to do some things
to get it on there. And I'm not saying that they were opposed to it. They just felt they
were being rushed without some specific representation by the Meridian area. So that
was one concern.
Anderson: My understanding, all they're doing is proposing, getting it on the ballot at
this point. And as far as representation, I don't know -I think that would be something
that the Chamber members could discuss among themselves and figure that issue out. I
guess I just have a problem laying this back on the taxpayers' backs when they had
found a pretty creative way in my mind of funding some of this type of money that could
be used for the promotion, tourism, and things like that. I would think that should have
been pursued a little bit more.
Rountree: Any other comments? Mr. Bentley?
Bentley: Yeah. And a follow up; Eagle has agreed. It is already donated $5,000.
Rountree: Mr. Bird.
Bird: Mr. President, I have to agree with Ron. I'd want more - I'd like to know more
about the presentation before I decide to kick $5,000 out to something like this. I'm to
agree with Ron that when this was brought up by the other chambers and everybody
jumped on our - didn't go, and I understand Will's scenario of what went down, and I
can understand, and so, consequently, I don't want to jump until I hear the tax and what
this thing goes for.
Rountree: Mr. Bentley.
Bentley: Maybe I suggest then that we get - can't get somebody to come in and
discuss this at a planning session?
Rountree: I guess that my comment would be - I'd welcome any opportunity we can
help foster development and/or coordination with the Chamber, and I don't have a
problem with the money per se, but I'll bet you that the Chamber's board didn't make
this decision without any information, and this is the first time I've heard of this, so -
yeah, I would want some information, and that's not because I'm opposed to it, but I just
want to have some basis to make a decision. So, yeah. If we can get them either a
planning session or maybe even maybe make a presentation in a Council meeting, that
would be good. And Glenn, if you want to work that with the Mayor, or if you want to
work that with the Chamber, that would be great.
Bentley: I don't think any of us are opposed to it. We just want to know what the
$5,000 are going for.
;'
I.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 91
Rountree: So can we just leave it at that, or do we need a motion? We don't need a
motion, I don't think.
Bird: No.
Rountree: We want some information on - to make a reasonable decision whether we
approve it or not.
Bentley: Right. Got some more for you.
Rountree: It's not on the agenda.
Bentley: Yeah it is.
Bird: It's not on the agenda.
Bentley: We also need to have Pauline Skaggs to be on our Council Planning meeting
to discuss the pay raises and the way we're going to go about this. There's some
confusion as you know. And also we are going to properly need to discuss, maybe at
the planning session about taking out an option on the police, the proposed police site
for the building. Need to take out, need to have a discussion about taking out an option
to tidy it up so we can see which direction we're going to go with it so we don't lose the
land. So if you could put that down for a planning meeting, please.
Rountree: Anything else?
Bentley: No. That be good.
Bird: I'll take care of Bill's.
Rountree: You got Chief Gordon's-
F. CHIEF GORDON:
1. ADDITIONAL COST FOR ANIMAL SHELTER: (APPROVE)
Bird: Yeah. I'll take care of the Chiefs. Okay. First of all, about the animal shelter
which all projects in - you know, we always hope you never have a change order, but it
seems like you always do. We had some additional - you guys all got a copy of this -
we'd already made a change order adjustment for $1,000 and we need another $625
because the Fire Department was $175, Intermountain Gas was $650, Water
Department was $300, and Idaho Power was $500 which comes to $1625 in addition,
(~
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 92
and we'd already authorized $1,000, so I would move that we authorize a change order
for the Meridian's new animal shelter for the sum of $625.
Bentley: Second.
Rountree: Six hundred or sixteen hundred?
Bird: No, $600. We - $625. This is the total addition, and we'd already authorized
$1 ,000 for it.
Rountree: Been moved and seconded to authorize a change order for $625.00 for the
animal shelter. Discussion?
Anderson: Yeah. I think this brings him right up to what he told us originally the thing
was going to cost.
Bird: It's a little bit under.
Rountree: Motion - all those in favor of the motion?
MOTION CARRIED: ALL AYES
Rountree: Okay. Change order's approved for $625.
F. CHIEF GORDON:
2. NEEDS ASSESSMENT STUDY ON NEW POLICE
DEPARTMENT BUILDING:
Bird: Okay. Next item is - all of us know that we're looking at some land and hopefully
can start in another year or so on a building, and we need to do like the Fire Department
did so that we get some good bids and get our drawings and stuff. We need to get
some people on board to do some space assessments, schematic designs and stuff like
that so that we can do it. Chief Gordon and I would like to - we have got two proposals,
I believe he's going to get a third proposal for an RFP. I realize it's too late in this year
to take it out of this year's budget, but this is something that we would like to bring
before the Council on September - October 5th, and get this thing going, and at the
same time, I know Glenn mentioned about the tying up the property at that time, but
that's new budget year, and I would hope that maybe we could just purchase the
property at that time. That's what I got. I - if you guys don't mind, we would sure like to
bring this forward and see what you think of it for a space analysis and some schematic
drawings and stuff.
Rountree: Mr. Bentley.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 93
Bentley: Do we need three?
Bird: We want three, Glenn. One's out of town and one's local. And as you can see
looking at that, either they're not bidding apples to apples or something, and so we
thought we - we got another local firm that is very familiar with jails and stuff, so Bill's
going to call and ask them if they would give us a proposal too. I think it's smart to have
three, that way you know - you know, if I'm bidding a job, I like to have at least two
other bidders so if I know if I'm low and the other two are high, it's my screwup.
Rountree: Any other questions, discussion, comments?
Bird: Alii ask, Mr. President, is that okay if we bring this forward for something, the 5th,
for approval on - something.
Rountree: You want to bring those-
Bird: We want to bring those figures at that point to - on October 5th-
Rountree: -- on October 5th?
Bird: -- for approval to get going with it.
Rountree: Any discussions, objections to that? I don't know that we need a motion
other than to direct the Mayor to put it on the agenda.
Anderson: And I agree with Keith because there is such a big discrepancy between
these two bids, the third one would be (inaudible) just to see if one of these is out in left
field.
Rountree: I think we just need to make sure to be cautious about how we're getting
bids and we don't -
Bird: And this basically is -
Rountree: (inaudible)
Bird: -- it's a request for proposals that we're asking for, and anybody is willing to do it,
but when we only got the two, we felt that with the difference of it, you know, it would
just be smart to go back. And this is basically just the start like we did with the Fire
Department, and that worked out so well that - you know, when you have seven bidders
and 100,000 separates and that means that you had some good planning.
(
t
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 94
Rountree: Okay. Get that on the agenda and make sure that's pointed out for the next
meeting. Last thing on our agenda is an executive session. I have no idea what that
was about.
Anderson: I do.
Rountree: Do you? Do we still need it?
Anderson: Yes, please.
Bird: Yes.
Rountree: Okay. If you're going to do it, you need to identify the basis for it. Glenn.
Bentley: One final thing I did think of. We do need to set a date to sit down and finish
out the details on the budget.
25. EXECUTIVE SESSION:
Rountree: Yeah. That's (inaudible). Well, the last thing on the agenda is the executive
session. I need a motion and --
Bird: Go ahead, Ron. You know what it's-
Bentley: I would make a motion that we go into executive session to discuss some
personnel matters.
Bird: Second.
Rountree: It's been moved and seconded that we go into executive session pursuant to
Idaho Code. Pursuant to - personnel issues - 67-12345; isn't that right?
Anderson: 67-2345.
(inaudible)
Anderson: Aye.
Rountree: All in favor?
MOTION CARRIED: ALL AYES
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21,1999
PAGE 95
Anderson: And then you know, one thing I think we're kind of lacked at and it's got us in
trouble with this budget. We talk about this stuff, but we just haven't given (inaudible)
get this here by such and such and such -
Bentley: -- executive session.
Rountree: Been moved, do I have a second to come out of Executive Session?
Anderson: Second.
Rountree: Been moved and seconded to come out of Executive Session. All those in
favor?
MOTION CARRIED: ALL AYES
Rountree: We're out of Executive Session at 12:46.
Bentley: Motion to adjourn?
Bird: Second.
Rountree: No decisions were made, no recommendations were made. Motion to
adjourn has been moved and seconded. Favor?
MOTION CARRIED: ALL AYES
Rountree: We're adjourned at 12:47.
MEETING ADJOURNED AT 12:47 A.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~ /J!r
'VY1 gt{l)frU RECORDED-REQUEST OF .
ADA COUNTY RECORDER G jJ }tl
J. OAVfO NAVARRO . -b-
BOISE, IOM1:Z S- 4- FEE DEPUTY _.
RESOL~l~fl1f NJOpM t: 374ft' I 00028048
BY: {ltJWhed~ 1:-/ &hL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AYTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO ISSUE, ON BEHALF OF SAID
MUNICIPALITY, A DOCUMENT ENTITLED "CONSENT TO LESSEE
ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF TRUST".
BE IT RESOL YED BY THE PRESIDENT OF THE CITY COUNCIL AND
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
WHEREAS, it is ill the best i11terests of the City of Meridia11 to issue that
certai11 docull1ent entitled, "CONSENT TO LESSEE ASSIGNMENT WITH RIGHT
OR REASSIGNMENT BY DEED OF TRUST", a copy of which is attached hereto
lnarl(ed as Exhibit "A" to this Resolution, the reaS011S and authority for which are as
set fortl1 in said docull1e11t.
NOW, THEREFORE, BE IT RESOL YED BY THE PRESIDENT OF THE
CITY COUNCIL AND CITY COUNCIL, as follows:
1. The President of the City Council and Clerk are hereby authorized to
issue 011 behalf of the City of Meridian that certain dOCuluent e11titled "CONSENT
TO LESSEE ASSIGNMENT WITH~RIGHT OR REASSIGNMENT BY DEED OF
TRUST", dated the 21 st day of Septeluber, 1999, by a11d betweel1 the City of
Meridial1 al1d CHERRY LANE RECREATION, INC., al1 Idaho Corporatio11, a copy
of wl1ich is attached hereto 111arl(ed as Exhibit "A" to this Resolution.
RESOLUTION AUTHORIZING THE - PAGE 1 OF 2
PRESIDENT OF THE CITY COUNCIL TO ENTER
INTO A CONSENT TO LESSEE ASSIGNMENT WITH
RIGHT OR REASSIGNMENT BY DEED OF TRUST
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2l5.P
dayof S~~ ,1999.
2Isp
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of depf-~n---h-e-r..;) , 1999.
L' Cc 11. (2--C-
CHARLES ROUNTREE,
PRESIDENT OF CITY COUNCIL
ATTEST:
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CITY CLERI(
RESOLUTION OF THE CITY OF MERIDIAN - PAGE -
AUTHORIZING THE MAYOR TO ENTER
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the ul1dersigned, do hereby certify:
I. That I anl the dtlly appointed and elected Clerl( of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, 'With its
pril1cipal office at 33 East Idaho, Meridian, Idaho.
2. That as the City ClerIc of this City, I am the ctlstodian of its records and
minutes and do hereby certify that on the 21 sf? day of cf'elJfe~ , 1999,
,
the follovving action has been talcen and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO ISSUE, ON BEHALF OF SAID
MUNICIPALITY, A DOCUMENT ENTITLED "CONSENT TO LESSEE
ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF TRUST".
BE IT RESOLVED BY THE PRESIDENT OF THE CITY COUNCIL AND
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to issue that
certain document entitled, "CONSENT TO LESSEE ASSIGNMENT WITH RIGHT
OR REASSIGNMENT BY DEED OF TRUST", a copy of which is attached hereto
l11arl(ed as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said document.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT OF THE
CITY COUNCIL AND CITY COUNCIL, as follovvs:
I. The President of the City Council and ClerIc are hereby authorized to
issue 011 behalf of the City of Meridian that certain document entitled "CONSENT
TO LESSEE ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF
TRUST", dated the 21 st day of Septenlber, 1 999, by and betvveen the City of
Meridian and CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy
of vvhich is attached hereto marlced as Exhibit "A" to this Resolution.
Jld&~~f:t-J ~
WILLIAM G. BERG, JR.' ,
CITY CLERI(
STATE OF IDAHO,
County of Ada,
: ss.
)
day of ~. , in the year 1999, before me,
, a Notary Public, appeared WILLIAM
G. BERG, R., l<.novvn or identified to me to be the City ClerIc of the City of
Meridian, Idaho, that executed the said instrument, and acl<.nowledged to me that he
executed the same on behalf of the City of Meridian.
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 21, 1999 @ 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: K RON ANDERSON K CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD SEPTEMBER
7, 1999: ~f?Le ~l Cd 9Z-~
B. TABLED 8/17/99: PROPERTY EXCHANGE LOTS 8 & 9 BLOCK 1 OF
THE LAKES AT CHERRY LANE: ~v<.--
C. STREET LIGHT AGREEMENT FOR TUMBLE CREEK NO. 1
SUBDIVISION: o/p-ro~
D. RESOLUTION # 2- 53 - SCHEDULE OF FEES FOR FALL CLASSES
BY MERIDIAN PARKS AND RECREATION: a,/~f/\<..--
E. RESOLUTION # 2-5;;;- -- UNION FIRE CONTRACT: ~
REGULAR AGENDA
1.
CHERRY LANE GOLF COURSE - LETTER OF CREDIT I LEASE HOLD DEED
OF TRUST UPDA!~ ~_ J- /JAf~ - /- L~ tlZr?4-
J'~f~ "7- ~J~ - t2-tjJrov~ /~ ~~
TABLED 9/7/99: ORDINANCE # -- ANNEXATION &
ZONING OF 6~ 15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC~-SOUTHWEST
CORNER. OF LOCUST GROVE & FRANKLIN:
-rd/~~? Ovh b?L ft4
TABLED 917/99: FINDINGS OF FACf AND CONCLUSIONS OF LAW:
REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING,
RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE
VALLEY BAPTIST CHURCH J K. D. ROOFING-NORTH OF OVERLAND RD,
SOUTH OF 1-84 & EAST OF TEARE AVE:
d?Jlr-o v~
2.
4.
6.
7.
8.
9.
(
/-
l
3.
DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER
BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF
ALLEN STREET: ~~7 tPch9J:-~
ORDINANCE # - ANNEXATION AND ZONING OF
APPROXIMATELY 3~77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET:
~~I>? {Jd~g;-a-~
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8
TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF
CREEKSIDE ARBOUR PHASE I AND SOUTH OF FA1RVIEW:
-/;t~~? &d, ~ ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH
POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED
CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL-END
OF 5THf NORTH OF CREEKSIDE ARBOUR PHASE t & SOUTH OF FAIRVIEW:
-/--~~~I oJ- ?a-NJ-
FINDINGS OF FACT AND CONCLUSIONS OF LAW: APPEAL OF PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC
MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO
ELECTRIC SIGNS:
tZflP/V~
PUBLIC HEARING: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15
ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL
(FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -
NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE:
(}/ffl ~'J fo fh.R-f~ ,plf-.!fJc/L
PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI-
FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND
WEST OF LOCUST GROVE.
jlJ./tlL ~ tYe--h- ~Iu~
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE
COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) -
LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION.
CI fi4 ti..-;fhnn e'1 Iv fiY'-ej7 ~ -,c/-? f/ G- / JL
PUBLIC ftEARING: CONDfTIONAL USE PERMIT FOR TOWNHOUSE
CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES
WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST
GROVE:
CIJ.ej~!f IoJ~ ~~ /'/-r:{cl-<,-
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO
2-STORY OFFICE BUilDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY
ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET:
C:;J:; ~J ~ r~~ ~/~ ~ cl.e
5.
10.
11.
12.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
13.
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY
RAY CHASE/REGENT aUSINESS-1302 E. FIRST STREET:
C~~ht,d PIt-! /0-$-91
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-
4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD:
Ccrn-hnv.e Pllllo-S--t(f/
PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q
BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE:
C~UL ;/1# /0-5-99
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN
HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE
STREET: Ctrnhhu.< fJ/I-I 10-5>99
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34
ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS
LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION:
~lJnKL ~/ 1-/ /o-fJ-99
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000
SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY
FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT
15 OF MAGIC VIEW SUBDIVISION:
~nUA!. ~/I-I /o-5-ef9
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801
ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO
INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF
SHERBROOKE HOLLOWS:
C&?1",fihUL ;J 11-/ 1(;> - ? -9 'l
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD
SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SQUTH OF LOS
ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS:
C(97viJ'n(,(L ,p / i/ /0-:;---'/1
REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO.1 AND
2 BY LARRY HANSEN AND LUNA VISTA, INC. - BROADWAY AND 8TH
STREET (951 W. PINE): d.?p,ov..e-
REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.1 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
-Ia~~l &d,~ ~
REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY
SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD:
~~2 t)cI-~5~
DEPARTMENT REPORTS:
A. JANICE SMITH:
(
1. TREASURER'S REPORT. ~
B. WILL BERG:
1. TABLED 917/99: APPLICATION FOR ADULT BUSINESS
LICENSE BY VALLEY VIDEO. ~V-.L
C. GARY SMITH:
1. PRESSURIZED IRRIGATION LINE EASEMENT IN THE
VILLAS AT THE LAKES SUBDIVISION: ~~
2. WATER I WASTEWATER BUDGET LINE ITEM
TRANSFER: ~ h?~
D. SHARI STILES:
1. PROPOSED PROJECTS IN CITY OF MERIDIAN
REFERRAL AREA:
JYUv~/7 /1J W1-ft-e /.eff~'m d/rtfijI'YDv~
E. GLENN BENTLEY:
1. DONATION FROM CHAMBER OF COMMERCE AND CITY
OF MERIDIAN. vll'.JcusJ ~
F. CHIEF GORDON:
1. ADDITONAL COST FOR ANIMAL SHELTER:
~pr&Pv~
2. NEEDS ACCESSMENT STUDY ON NEW POLICE
DEPARTMENT BUILDING:
25. EXECUTIVE SESSION:
MERIDIAN CITY COUNCIL MEETING:
APPLICANT: CONSENT AGENDA
SEPTEMBER 21.1999
AGENDA ITEM NUMBER: ~
REQUEST: STREET LIGHT AGREEMENT FOR TUMBLE CREEK NO.1
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED AGREEMENT
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
UV
M r'fO
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
OFFICIALS
HUB OF TR.EASURE VAUEY (
A Good Place to Live
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
.CHARLES M. ROUNTREE
GLENN R. BENTLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL. DMV Supervisor
KENNETH W. BOWERS, Are Chief
W.L. "13IU. GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · FAX (208) 887-4813
Public WorkslBuilding Department (208) 887-2211
Motor VehicleIDrivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
P & Z COMMISSION
JIM JOHNSON. Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
October 1 0, 1997
Idaho Power Company
10790 W. Franklin Road
Boise, 10 83709
322-2000 388-2402
388-6532 fax 322-2032
Re: Street Lights for Tumble Creek Subdivision #1
Street Lights have been installed by the developer in Tumble Creek Subdivision
#1. These are 100 and 250 watt high pressure sodium lights on steel poles,
owned by the City of Meridian with a maintenance agreement with Idaho Power.
The eleven (11) street lights are located at:
Entrance Island N. Glennfield Way & W. Ustick Road - 250 W
Entrance Island N. Glennfield Way
Lot 12 Block 11 W. Parkstone Court
Lot 5 Block 11 W. Parkstone Court
Lot 7 Block 1 0 W. Tumble Creek Drive
Lot 6 Block 5 W. Pebblestone Street
Lot 2 Block 8 N. Rough Stone Way
Lot 4 Block 9 N. Rough Stone Way
Lot 1 Block 9 N. Rough Stone Way
Lot 7 Block 9 N. Glennfield Way
Lot 13 Block 9 W. Lowry Street
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely
didU
William G. Berg, Jr.
City Clerk
WlWAM G. BERG. "jR. CIty Clerk
JANICE L GASS. CIty Treasurer
GARY o. SMrrn. P.e.. CIty EngIneer
BRUCE O. STUART: Water Works Sup(.
JOHN 1: SHA'NCROFT: Waste Water Supt.
DENNIS J. SUMMER~ Parb &.r.x.
SHARI L sm...es. P & Z AdmnIstrator
PATTY A. 'NOlFKJEL. OW Supervisor
KENNETH W. BONERs. FhI Chlef
W.L -siLL. GORDoN. Poace ChIef
WAYNE G.. CROOKsroN. JR.. Attorney
n U l:J U 1'- TREA.S URE VAlLEY
A Good Place to Live (
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Pbooe (208) 888-4433. FAX (208) 887-4813
Pnblic WorblBuil~ Departmem (208) 887-2211
Motor Vehiclc:lDrivers Uccnse (208) 888-4443
COUNCil MAA8ER~ .
, ~
WALT W. MORRow. PrWderl
RONALo Fl TOLSMA
CHARlEs M. ROUNTREE
GlENN R BENT1..EY "
MEMORANDUM:
ROBERT D. CORRIE
~yor
P & 7- COMMfS.!:;IOfi
JIM JOHNSON. Chaltman
nM HEPPER
JIM SHEARER
GREG OSWNO
MALcou.t MACCOY
Date: /6> - 7 --9 7
To:
Will Berg, City Clerk
Bruce Freckleton, Assistant to City Engineer
From:
Harold Hudson, Electrical Inspector
Re:
S1REET LIGHT ELECTRICAL INSPECTION
rr
I have inspected and approved the el~al ~~ and. associat~ components for / / street
lights in '7 ~..I . Idaho Power Co. can now
proceed with the activation.
+=J,A~~-A~L
Harold Hudson, Electrical Inspector
-
RECEI\fED
OCT - 9 1997
CITY Of~ MERIDIAN
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Cl"Y OF MERIDIAN, B'''''TILDING D.EPARTMENT
~3 E. Idaho, Meridian, ID 83642
887-2211 · Inspection Line 887-1155
;__ECTRICAL PERMIT Issl..ted: 7/29/97 Permit No: 11118
..~JNE R / APPL I CANT ------------------------P ROPE RTY LOCA T I ON------------------------
STUBBLEFIELD DEVELOPMENT CO. I 1 TUMBLE CREEK
I
MERIDIAN~ ID 83000 I Lot:
208/000-~000 I Sub:
T: S: I Pare No:
I
,JNTRACTOR-----------------------------DESIGNER---------------------------------
E & E ELECTRIC I
P.o. BOX 577 I
CALDWELLL 10 83606 I ~~0/~00-~0~0
20B/454-~780 f ~~ ~ ~ ~I
I
ROJECT INFO-----------------------------------------------------------_________
Prj Value: $20 625.00 I Temp Service:
Prj Type: STREETLiGHTS I Residential Service:
Dce Type: COMMERCIAL f Number of Rooms:
Dce Grp: Dce Load: I Electt"'ic~l H~at:
-~nstr Ty_pe: I Number of Clrcults:
. Land Use: IOther:STREETLIGHTS, SERVICE & TIMECLOCKS
I
~OJECT NOTES---------------------------------------------------~---------------
2 STREETLIGHTS ON ISLAND AT ENTRANCE OF USTICK RDL L12 B11L L5 Bl1,
L.7 B10, L6 B5, L2 B8, L4 B9, Ll 89, L 7 89, L13 B':J (11 TOTHL)
THIS PERMIT INCLUDES THE SERVICE ON THE COMMON LOT, AND THE SPRINKLER.
TIME CLOCKS
Block:
Long Legal:
. .-JECT FEES ASSESSMENT--------------------------------------------_____________
Amount Paid: $283.00
TOTAL ELECTRICAL FEE: $283.00 Balance Due: $0.00
IMPORTANT INFORMATION
Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the
following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection,
5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday _
Friday, between 8:00 AM and 5:00 PM, excluding holidays.
t
Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations
related to gas fired equipment.
Permi t Revocation/Expira tion. The Building Official reserves the right to revoke any permit issued in error or on the basis
of incorrect information. Permits expire in 180 days if: work is never commenced~ or is discontinued for a period exceeding 180 days
or 6 months.
Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that
be work to be performed will conform to the regulations pertaining and applicable thereto.
MERIDIAN CITY COUNCIL MEETING:
SEPTEMBER 21. 1999
APPLICANT: DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 24C2
REQUEST: GARY SMITH - WATER I WASTEWATER BUDGET LINE ITEM TRANSFER
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING DEPT:
CITY WATER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
vU
M1~
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(/
Memornndum
BE q~I:KED, '....,............'......"....,' '"
c~~~lri:,c,:I' .,."'.,..,"""".....~~~~~.:~:;.:...:',.,
To: Mayor Corrie
cc: file I J.Shawcroft
From: Gary Smith
Date: 09108199
Re: Water I Wastewater Department - Budget Line Item Transfer
Mayor: The attached budget line item transfer request from John Shawcroft to me in
July was lost in my paper work and was not sent on to City Council for their review.
This request is for a breakout of specific project line items from an existing budget line
item that contained all of the specific projects. The reason for this request is that we
feel this separation will give everyone a better view of each project's actual expenses
and will facilitate cost accounting and auditing.
I would appreciate it if you could put this on the next Council agenda of September 21 ,
1999, under my department reports, for their review and action. If you need more
information or reasoning for this request please let me know.
~ / C1 11
D or J
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REQUEST: 1?~t!?poJ-e-d /l~d~ /0 ~/'d/~f.r
., - ~
~g~~ &~ - ~c(;:nd JhaW-/~f;J
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DfSTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
&f
S~ ~tSf0~
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
RECE~D
SEP 2 1 1999
CITY OF MERIDIAN
Date:
Gary Smith
Brad Hawkins-Clark ~~
Shari Stiles
09103199
Proposed Amendment to Meridian's Referral Hea - Bradford Shaw Property
To:
From:
cc:
Rec
Attached is documentation related to a proposed Boise Impact Area ooundary line amendment for an
SO-acre parcel bet\Yeen Lake Hazel Road and Columbia Road on the 'vYeS1: side of ClCNerdale. The
parcel is 0'NIled by Bradford Shaw and is split betYJeen Boise's Impact ftsea and Meridian's Referral
Area. Mr. Shaw is proposing to develop the property as a residential sub at a 3.0 d.uJacre density \\lith
high-end homes abutting the golf course. The Ten Mile Drain courses the property from the f\tN comer
to the SE. Kent Brovm is representing Mr. Shaw and I understand has been in contact YJith you already.
In July, at a joint meeting between Ada Co. Commissioners and the Boise City Council where this
project was initially presented, the joint bOOy requested Mr. ShawlKent to meet with a rep from Meridian
before they made any recommendation. The Ada CoJBoise City group was primarily concerned that
the project YJOuld look like a '1aOO grab" from Boise City of Meridianls impact area. Therefore, Kent
called the meeting at VJhich Jeff Patlovich (Ada Co.), Dave Aba (Boise City) and myself attended.
At our meeting, the discussion focused on VJhich jurisdiction could most reasonably pra.lide sevver and
water service to the 8O-acre subject property. Our consensus was that the determination should
ultimately be made with you and the Boise City Engineer but that since Boise is able to gravity sewer
the majority of the site noN, Boise 'NOuld ultimately annex and service the site anywctf.
As you know, Meridian has not adopted an ordinance that details standards or boundaries for the
referral area. Our Impact Area line is % mile south of Amity, more than a mile north of subject property.
The referral area is an Ada County ordinance VJhich requires them to forward all development
applications to Meridian for comment only. So, this development application could technically be
approved by Boise City requesting an amendment to their Area of Impact boundary from the County
YJithout Meridianls fonnal approval. HO\NeVer, they (Ada County) want Meridian's approvallfeedback.
Please review the attached preliminary seYv'ef study by Briggs on the site and call Kent BroYm with your
input. If you would like to set up a meeting with Shari or myself to further discuss, please suggest a time
and place.
Thanks, Gary.
. Page 1
ROBERT D. CORRIE
Mayor
(
CITY OF MERIDIAN
PUBLIC WORKS I ~UlLDING DEPARTMENT
COUNCIL MEMBERS
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
GARY D. SMITH, ~E.
Public Works Director
September 7, 1999
Mr. Kent Brown
Land Use Planner
Briggs Engineering, Inc.
1800 W. Overland Road
Boise, Idaho 83705-3142
RE: Area of Impact - Bradford Shaw Property - SE Y4 Sec.4,T2N,R1E,BM
Dear Mr. Brown:
I have reviewed several letters, maps and a memo from our Planning &
Zoning Department relating to this property, in particular sewer service.
to it by the City of Meridian. As you point out, and the submitted
mapping shows, Boise City sewer seIVice is at the north boundaty of the
property and available for connection.
Because of the remote location of this property to our present Impact
Boundaty, it will obviously be some tirrie before City of Meridian sewer
trunk(s) would be extended for seIVice of this area. The requested
development areas in and adjacent to existing city limit boundaries
appear to require that our efforts for sewer extensions be directed to
those areas.
From a sewer seIVice standpoint, I don't have a problem in supporting
your request for Boise City sewer service to this referenced area.
Cc: file, P&Z Admin.
.
200 East Carlton, Suite 100 · Meridian, Idaho 83642
Phone (208) 887-2211 · Fax (208) 887-]297
BRIGGS ENGINEERING" Inc.
ENGINEERS I PlANNERS I SURVEYORS
1800 West Overland Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BE:RE~ET~D
AUG 1 3 1999
August 12, 1999
Mr. Scott Spjute
Boise City Development Services
150 Capitol Blvd
P.O. Box 150
Boise, Idaho 83702
()ll'~{ t}j~' 1_d:~;i;.lu1AN
PIJ/~j~ NIN G & z:() r~; -~ _:~'J (-~
RE: Shaw Property - Amendment of Bradford Shaw property
Dear Mr. Spjute:
The recommendation made at ajoint meeting held with Boise City Council and the Ada County
Commissioners was that staff members from Boise and Meridian cities and Ada County meet
and discuss our request for an area of impact amendment.
We hope this meeting can be scheduled within the next week so that we may continue with the
proposed development. The comprellensive plan amendment needs to be submitted to your office
within tIle next two weeks in order to meet tIle deadline, or the project will be held up for another
six months.
We would appreciate your help ill setting up this meeting as soon as possible.
Sincerely,
BRIGGS NGINEERING, Inc.
.../'"
cc: Bradford Shaw
Ada County JeffPatlovitch
Shari Stiles
990617\BCDS-ltr
BRIGGS ENG/NEERlNG./nc.
~/~/SURVEYORS
1800 West Overtand Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@msn.com
June 22, 1999
Boise City Council
P. O. Box 500
Boise, Idaho 83701
Re: Area Impact amendment of Bradford Shaw property
Dear City Council:
This is a request for the City of Boise to renegotiate the Impact boundary line south of the Boise
Ranch Golf Course, as the property to the south of the Golf Course, to the half mile line, could
be serviced with sewer from the City side of the line.
My Client owns approximately 91.6 acres bordering the southern boundary of the Boise Ranch
Golf Course. This portion afhis property is located within the existing Boise City Area of
Impact. The remainder of the property is adjacent to the quarter-mile impact boundary line. The
arbitrarily location of the impact boundary line did not take into consideration the ability for
those property owners to develop on sewer. The quarter mile line was set as a guide for the
minimum distance that sewer could be extended from Cloverdale Road; however, much of my
clients property is located on a buff located near the quarter mile line. Previously the boundary
lines have been modified when landowners prove feasibility of sewer service from the City side
of the line.
Attached is a preliminary study which proves that sewer can be extended without the use of a lift
station for the entire property and should be included in the Area of Impact of Boise.
Please place this item on your agenda for the next available date and time for the Boise City
Council. Thank your for your attention to this matter. Please call me if you have any questions
or need additional information.
Sincerely,
LKB:fc
Enclosure as noted
Cc: Bradford Shaw
John Tenson
990617\Boise City Council-Itr
BRIGGS ENCiINEERINGJ INC
([€E)
(208)344-9700
1800 'W. OVERLAND ROAD
BOISE, IDAHO
IV:
BOISE RANCH
IMPACT AREA AMENDMENT
REVISION
BRADFORD SHAW PROPERTY
A PORTION OF THE SE 1/4. SEC110N 4. T.2N.. R.1E.. 8.M..
ADA COUNTY, IDAHO
SHEET
1 OF 1
DESIGN
\SHA \/- IMP ,D\JG
D\JG.NO,
SCALE DATE
11 = 400' 06/22/99
/-
(
BRIGGS ENGINEERING, Inc. -1800 West Overtand Road, Boise, Idaho 83705 -(208) 344-9700
June 22, 1999
I have studied provisions for Gravity Sewer Service to the SE One-Quarter, Section 4, T.2N,
R.1 E, 8.M. An outline of my findings follows:
Property adjoining Cloverdale Road, north of Columbia Road, will be served by a collection
system to be constructed for the Medalist No. 2 Subdivision. Medalist No. 2 Subdivision will
extend the gravity sewer south, beyond Medalist No. 1 Subdivision. That system contains
gravity lines and a temporary sewer pump station. As S6\Aler lines are installed north of Lake
Hazel Road, the pump station will ultimately be abandoned. When the final connections are
made, gravity flow will occur from the vicinity of Medalist Subdivision to the regional pump
station located near the intersection of Cloverdale and Overland Roads. a distance of more
than three miles.
Elevations for the gravity se'Ner lines in Medalist No. 2 have been devised to accommodate
service to larger areas to the south. Preliminary design indicates that a gravity seYler will whir
the Southeast One-quarter of Section 4 about 1 ,320 feet 'Nest of Cloverdale Road. This line
will have an approximate depth of seven and one half feet. Extension of sewer from this point
will enable service to all property, except the IO\Yest ground adjacent to the Ten-Mile Drain.
Because the land slopes upward to the south and east, cover for pipes and achievement of
minimum slopes will be someYJhat easily accomplished.
Construction of sewer for new areas west of Cloverdale Road is feasible. Sizes and depths of
dO'M'lstream pipes have been selected. The geometry of these pipes, and their hydraulic
capacity are adequate to serve areas presently outside the municipal area of service.
Prepared by:
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SN PRESSURE SE R
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BRIGGS ENGINEERING, INC.
([~)
(208)344-9700
1800 'vi. OVERLAND ROAD
BOISE.. IDAHO
PROPOSED SEWER EXTENSION
BRADFORD SHAW PROPERTY
REVISION
A PORTION OF THE SE 1/4. SECTlON 4, T.2N., R.l E., 8.M.,
ADA COUNTY, IDAHO
DESIGN DA TE D\rIG.ND.
06/23/99
SHEET
1 OF 1
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MERIDIAN CITY COUNCIL MEETING:
SEPTEMBER 21. 1999
APPLICANT: CONSENT AGENDA
AGENDA ITEM NUMBER: ~
REQUEST: PROPERTY EXCHANGE LOT 8 & 9 BLOCK 1 OF LAKES AT CHERRY LANE
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED MINUTES
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
, (\f/./'
O\J
~r{'
CENTRAL DISTRICT HEALTH:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
August 17, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith,
Tom Kuntz, Kenny Bowers, Steve Siddoway, Brad Hawkins-Clark.
Corrie: I want to welcome all of you here this evening to the Council meeting. Thank
you for cominge We have the first on the agenda is the consent agenda items A, B, C
and D. I would like to recommend that we take 0 off th~e consent agenda, and have it
as a separate entity right after the consent agenda. The attorney has some things that
you need to look at or hear.
Anderson: Mr. Mayor, I would make a motion that we approve the consent agenda with
the exclusion of removing item D from that agenda.
Bird: Second.
Corrie: Motion made and second to approve the consent agenda A, 8, and C with D
being pulled off. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
Corrie: On item 0, Mr. Gigray would you like to explain we have here on this property
exchange lot 8 and 9?
Gigray: Mr. Mayor and members of the Council, this matter was brought to my attention
as on the agenda and this has to do with a lot line adjustment that must have been
occasion back in October of 1985e The lot line adjustment was recorded, but there were
never any exchanges of deeds between the property and the city to affect a change of
ownership of those portions of lots 8 and 9 that were affected by the lot line adjustment.
You have before you for your consideration the proposed quitclaim deeds that were
prepared by Pioneer Title and I think this is possibly in conjunction with the work being
done on the letter of credit relative to the golf course clubhouse. This I believe was
located in that process as being something that was not yet complete. The problem
with this is and my inquiry was whether or not the property which is the subject of this
exchange which would exchange property to the city was subject to any kind of lien that
would pass with the deed because a quitclaim deed does not pass after acquired title. I
was advised by Harold Houston at Pioneer Title that American Mortgage Company has
a recorded deed of trust on this property and unfortunately that deed is with reference to
the prior subdivision boundaries so any exchange of properties at this time would not
remove that lien and I would not recommend that this process be completed until that
lien is removed by a partial deed of re-conveyance from American Mortgage back to the
parties that involve the other lote So that's the sum and substance of my memo. I have
written a letter to the other lot owners advising them of the need to do this. That went
out yesterday. I have not heard from them yet. I think by the time this is communicated
to North American Mortgage Company and they get appropriate authority to do all the
(
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 2
things they need to do, I don't know whether that can be done in two weeks. I would
recommend it least be tabled for two weeks and possibly four in order to complete this
process.
Corrie: Any questions from Council?
Anderson: I have none.
Bird: I have none.
Corrie: I will entertain a motion then to table this property exchange lot 8 and 9 block 1
of Lakes at Cherry Lane until the September 21st.
Anderson: Mr. Mayor I would make a motion that we table item 0 property exchange
for lot 8 and 9 block 1 of the Lakes at Cherry Lane until our September 21st meeting.
Bird: Second.
Corrie: Motion is made and second to table consent agenda item 0 until September 21 ,
1999. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Council, I do need to make an announcement to you for your approval. We
forgot somehow to put in the regular agenda the variance that was at Cherry Lakes No.
,2 Subdivision to allow an encroaching original porch to be replaced with an encroaching
kitchen addition and setback of 12 feet. With your permission, I would ask that it be
placed on here tonight as an emergency because it was noticed of a public hearing for
tonight for that. Is there anybody here that is here going to be testifying on that? Okay.
So Council, I would ask that it be placed on the regular agenda tonight wherever you
would like to have it.
Bird: Where do you want it at Mayor?
Corrie: '!Ve can have it right after the last public hearing if you want to have it then.
Bird: So make it 21.
Bentley: Mr. Mayor are we going to be able to make it through all these public hearings
tonight?
Corrie: I think we might. I've got some things that I might combine 10 and 11 and 15
and 16. I need to check with you on that one as well.
Bentley: Mr. Mayor, I move we add the variance for Cherry Lane to item number 21 on
the agenda.
Rountree: Second.
Corrie: Motion is made and second to add the variance for Cherry Lane Lakes to
agenda 21. Is there any further discussion? Hearing none, all those in favor of the
motion say aye.
(
(
MERIDIAN CITY COUNCIL MEETING:
$--11- ?'1
APPLICANT: _;;.~ E~~,
uT (rfLR- )1-d~JT~
u
AGENDA ITEM NUMBER:
~
REQUEST:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
Sf ('Akt
)1
.}nJW
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Office
of the
City Attorney
To:
From:
Re:
Date:
The City of Meridian - Idaho's
Point of Beginning
Mayor and City Council
Bill Gigray, City Attorney
Property Exchange Lot Line Adjustment
August 131. 1999
(} ! (! IU~
5--(7 ~tf 1
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200 E. Carlton Ave. Suite 31
PO Box 1150
Meridian 10 83680-1150
Phone: 288-2499 Fax: 288-2501
c({
S-(7--CfCj
1/;r/1 G. /3 /b
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The City Council has for your consideration on the consent agenda an item
entitled: Consent Agenda Item no. 0 Property Exchange lots 8 and 9 Block 1 The Lake
at Cherry Lane. You should also have a copy of a portion of the lot line adjustment
survey which depicts the lands in question. What this action is about is to give the
Mayor and Clerk authority to execute the quit claim deed from the City to the Shields and
to authorize the receipt of the real property to be deeded to the City from the Shields.
This action on the lot line adjustment took place in 1985 and the deeds were
never prepared or executed to complete the land transfer. The proposed deeds were
prepared by Pioneer Title Company. I have called Harold Huston at Pioneer Title to find
out if there is any encumbrance on the Shields property and there is with North
American Mortgage Company recorded as instrument no. 99019728 records of Ada
County .
I recommend that this matter be pulled from the consent agenda and tabled
for at least one meeting. The purpose of the request is to advise the Shields of the lien
and to request that they obtain the deed of partial reconveyance of the lien holder. The
City will request a partial release or partial deed of reconveyance of the subject property
from North American Mortgage Company to the Shields which will have to be recorded
before the quit claim deed to the City is recorded. Reason, a quitclaim deed does not
convey after acquired title and it does not warrant title. The City should not convey its
interest until the Shields are in a position to convey good title to the property that is to be
deeded to the City.
2
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PIONEER TITLE COMPANY
OF ADA COUNTY
821 West State Street / Boise, Idaho 83702
(208) 336-6700
8151 W. Ri tlenlan Street / Boise, Idaho 83704
(208) 377-2700
SPACE ABOVE FOR RECORDING DATA
~~~~~~~~~~~~~~~~~~~~~~~~~M~~~~~~~~~~~~~~~~
~. I,
~ ~
3 QUITCLAIM DEED f
~ .
~ ~
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L~ FOR VALUE RECEIVED ~
~ ~
~~ City of Meridian, a municipal corporation ~
~ ~
~~ do hereby convey, release, remise and forever quitclaim ~
~ ~
~ unto Paul Ra Shields and Suzanne M. Shields) husband and wife %
~ l',
~ whose address is: ~I~
~ the following described premises, to wit: :
~ ~
M ~
~r-~ i~
~ Lot 8 in Block 1 of Lot Line Adjustment Record of Survey No. ,
~ 802, recorded Oc tober 9, 1985 as instrument no. 8553745, "
~ being a portion of Lots 8 and 9 in Block 1 of ;
~ The Lake at Cherry Lane, according to the official
plat thereof, filed in Book 52 of plats at pages 4569-4570
~ records of Ada County, Idaho. ~
~ ~
i ~
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~ together with their appurtenances. ~
~ Dated: i'~
~ ~
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~ STATE OF , County of , 55. ~
~ ~
r@ On this day of , in the year of , before me ~
;:::~ , a notary public, ~
y~ .~.
r-- personally appeared, t,...,
(' known or identified to me to be the person(s) whose narnc(s) subscribed to the within ~.1
~ instrument, and acknowledged to me that _ he executed the same, ~
~ ~
@ Notary Public: G4
~~ Residing at: ~
Q My Commission Expires: ~
~ ~
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PIONEER TITLE COMPANY
OF ADA COUNTY
821 West State Street / Boise, Idaho 83702
(208) 336-6700
8151 W. Rifleman Street / Boise, Idaho 83704
(208) 377-2700
SPACE ABOVE FOR RECORDING DATA
~~~~~~~~~~~~~~~~~~~~~~~~ww~w~~~~m~~~~~~~u~~~~~
~ ~
~ ~
~~ QUITCLAIM DEED f
......, /.......
j ~
:.~ FOR VALUE RECEIVED $~
~ ~
r~ Paul R. Shields and Suzanne M. Shields, husband and wife ~
~ ~
~ ~
~. do hereby convey, release, remise and forever quitclaim .
~ ~
~~ City of Meridian, a municipal corporation U
~ unto ~
i.;.J.l t- ....j
~ whose address is: (~
~ ~
~ the following described premises, to wit: ~
~ ~
~ ~
~ ~~f;~
~ Lot 9 in Block 1 of Lot Line Adjustment Record of Survey No.
~ 802, recorded October 9 1985 as instrument no. 8553745, being
~ a portion of Lot 8 in Block 1 of The Lake at Cherry Lane, ~
~ according to the official plat thereof, filed in Book 52 ~_'
~ of plats at pages 4569-4570, records of Ada County, Idaho. r-'
~ ~
~ ~
I I
~
I
~
~ G~i::--.l
~ together with their appurtenances.
~~~ ~
~ Dated: ~
~
~ !~:;.-j~
~ .
r--'\
~ ~
~ STATE OF , County of ,5S. i;:1
Q ~
.t?" On this day of . in the year of , before me ~
~ , a notary public. ~j
~ personally appeared, i;1
. ~ known or identified to me to be the person(s) whose name(s) subscribed to the within ~
~ instrument, and acknowledged to me that _ he executed the same. ~
~ ~
~ Notary Public: ~
~ Residing at: !~
~ My Commission Expires:
~
~~~~~~~~~~~~~~~~WWG~~~~~~~~~~~~~~~~~i~~ili
F-~_. 0\, ~S 1 tiC ~
960 1 139 8
~ ~ I .-
I ~
ADA C0. ~ECORDER
J. DAVID tJAVARRO
BOISE 10
o U I If C L A I un_ ~ D 'fiRST AMERiCAN TITLE CO.
'96 FEB 9 A(~~i
f[[~ "l f
RECORDED.61 THE H . EST Of
erN OF MERIDIAN, a ~cipal c.orpor-dtial
}'Qr Valua Racmved
1 ()7c-OOl rS(j
do harehV CCJi\vey, release, r&aise and f~ quit clailil unto ..... L) j J
THENf 'IUUITCLIFF and fIrACV 'lU.rrCLIl'Y, uha a.qu.inid ti tl.~ lUi srACV 1''llLI<F.:P.SCH, /'
luwband and wile
W1),;.)~ ~ 1.. 3825 14.. SE"A I~ CRT.., umuDIAN, IDA.1.D 83642
the folla..>1incJ rl9.acribed ~, to-wit:
Lot 10 Block 1 of Lot: Li.na Adjust::&ant Racord ot SUl:V.&y No.. 802, reoard&::l October 9,
1985 as Irat:ru:ment No. 8553745, beirq a pcrtion of L:*.s 9 &lid 10 Bled( 1 o~ 'IlIE I.AKE
. AT a~ LAUE, ~ to the official pLat ~~ I filed in &"x:Jk 52 ot Plats
at pc.g.c.s 4569-4570 ~ of .Ada O1l.nty, Idaho..
t.cqethar uitl. t:hair ~WlOQU.
~f ~ n::.rria, Hayot", city
.~
ll~ G. Barq, 1:1:~t
..:-
BrNl..g at IDMD
: &4
o:un~ w il\A)
~'J.b..i.a ~ day of Feb:wu:y, in the year 1996, befoce &a, a Notary Public
in and toe WIld state, personally ~ Nabart D. o.:n:-ie k.nc1..tl oc iderd.fied to
ma to hi tJw Mayoe: or the city of Her.idJ.a.n, a amioipality, that executed tho
inab:ument a:' the pe.roon \.bo ~ the inst:t"\aent on bel'.'lU ot said M.tni.cipality I
ani a.ckncNIEdged. t;p ..,that euc.i\ ..uoipality ~ the 118i&r19.
,tJ~""""'1. '. .
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"llm,erican Title Company of Idaho
Office
of the
City Attorney
__IJI~f~ilil,IIIIIIIIIIIIIII!IIII_
(ll' (2 12~/Lc1
,r
5-- (7 ~tf C;
J~ if))
200 E. Carlton A\Le. Suite 31
PO Box 11 50
Meridian 10 83680-1150
Phone: 288-2499 Fax: 288-2501
E-maIl: vvfg@wppmg.com
The City of Meridian - Idaho's Initial
Point of Beginning
RECEI\1ED
AUG 1 3 1999
CITY OF MERIDLL~~
To: Mayor and City Council
From: Bill Gigray, City Attorney
Re: Property Exchange Lot Line Adjustment
Date: August 13,. 1999
The City Council has for your consideration on the consent agenda an item
entitled: Consent Agenda Item no. 0 Property Exchange lots 8 and 9 Block 1 The Lake
at Cherry Lane. You should also have a copy of a portion of the lot line adjustment
survey which depicts the lands in question. What this action is about is to give the
Mayor and Clerk authority to execute the quit claim deed from the City to the Shields and
to authorize the receipt of the real property to be deeded to the City from the Shields,
This action on the lot line adjustment took place in 1985 and the deeds were
never prepared or executed to complete the land transfer. The proposed deeds were
prepared by Pioneer Title Company. I have called Harold Huston at Pioneer Titie to find
out if there is any encumbrance on the Shields property and there is with North
American Mortgage Company recorded as instrument no. 99019728 records of Ada
County.
-
I recommend that this matter be pulled from the consent agenda andiabled
for at least one meeting. The purpose of the request is to advise the Shields of the lien
and to request that they obtain the deed of partial reconveyance of the lien holder. The
City will request a partial release or partial deed of reconveyance of the subject property
from North American Mortgage Company to the Shields which will have to be recorded
before the quit claim deed to the City is recorded. Reason, a quitclaim deed does not
convey after acquired ti~e and it does not warrant title. The City should not convey its
interest until the Shields are in a position to convey good titie to the property that is to be
deeded to the City.
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PIONEER Tll'LE COMPANY
OF ADA COUNTY
821 West State Street / Boise, Idaho 83702
(208) 336-6700
8151 W. Ritlenlan Street / Boise, Idaho 83704
(208) 377-2700
SPACE ABOVE FOR RECORDING DATA
f.!.~ ~!.fA!~ 2/j.~ l{A !l}~ 1~ !lj~:~ J/J-~ ~?lJJ.\ ?~ ~ ~]1!f:}~]JJt 7)!J,2&!l!fJ1i.Q.& ~?~ 1&!1:AlN. ~ .1D..\fN !W)J.U~ !lj~ ~ 1..~ ?f>~ !i}~ J0S 0~ lill ?iJS.la.
k~
;--' ~
No,
~
:-~
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:~
~
~-;:.;
......,
t~
Lr~
,......,
t~
t:~ do hereby convey. release, remise and forever quitclaim
~ ~
~ unto Paul R. Shields and Suzanne M. Shields, husband and wife !
~ r
~ whose address is: !
~~5 1:
~ the Following described premises, to wit: i
~
~ !
Q I
t:;:~~~;1 Lot 8 in Block 1 of Lot Line Adjustment Record of Survey No. I':~'~:.,
~ 802, recorded October 9, 1985 as instrument no. 8553745, ,
being a portion of Lots 8 and 9 in Block 1 of
~ The Lake at Cherry Lane, according to the official
~~ plat thereof, filed in Book 52 of plats at pages 4569-4570
records of Ada County, Idaho. ~
~ ~
~ ~
; ~
; ~
;I,'~ I
~
~
~ ~
,~ together with their appurtenances. ~
~ D t rJ c~
8 ae : ~
~ ,
;-..~ ~
Q !
~ ~
~ ~
~ $:
a STATE OF , County of . 55. ~
~ ~
~ On this day of . in the year of . before me ~
;:::~ , a notary public, ~
~ personally appeared, t.J
:.....~ known or identified to me to be the person(s) whose namc(s) subscribed to the within ~.J
~ instrument, and acknowledged to me that _ he executed the same, t1
~ ~
~ Notary Public: ~
~ R 'd' ~
~~ eSI IIlg at: ~
~ lvly Commission Expires: ~
~ ~
~~~~~~~~~~~~ID~~~~~~~W~W~W~~~~~~~~~~~~~i~~~
QUITCLAIM DEED
FOR VALUE RECEIVED
City of Meridian, a municipal corporation
PIONEER TITLE COMPANY
OF ADA COUNTY
821 West State Street / Boise, Idaho 83702
(208) 336-6700
8151 W. Rifleman Street / Boise, Idaho 83704
(208) 377~2700
SPACE ABOVE FOR RECORDING DATA
~~ !&!1JS.?~ 2m 1m!:f. ].ffi !I}\ ~ !]jS. ~ 7Jj.\ w.\?1!A?.r:A !&~ 1~1N.: ?JN2f>~m..qN2G~ Iill2N 1m lti~ mr..?N?f1.\![J; !f1f!N!m II} !& !~ !u.~ !;:,.~ !.U~ !J.\ !;'.>-~ !~ h.-j.\ l
~ ~
~ ~
;~ QUITCLAIM DEED
.......,
j ~
~ FOR VALUE RECEIVED ~
a Paul R. Shields and Suzanne M. Shields, husband and wife ~
~ ~
~.' ~
...... do hereby convey. release, remise and forever quitclaim
~ ~
2 unto City of Heridian, a municipal corporation ~:
~ $
~)l t'
l'~ r,:...
~ whose address is: r-
~1 ~
~ the following described premises, to wit: ~
t:~ t'
~ ~
~ ~
~ ~
~ ~
~ Lot 9 in Block 1 of Lot Line Adjustment Record of Survey No. ~
~ 80 d 9 r
I" 2, recorde October 1985 as instrument no. 8553745, being ~
~ a portion of Lot 8 in Block 1 of The Lake at Cherry Lane, ~,.:
~~ according to the official plat thereof, filed in Book 52 '.
~ of plats at pages 4569-4570, records of Ada County) Idaho.
9 &
~ ~
~-.'. ~
~ i
;' ~
~
~ I
~ ~
1,....,--' ~
~
together with their appurtenances. ~
1 ~
!. Dated: ~
~ c
~ ~
~ !/~.:
~
,.........
~ ~
~~ STATE or , County of . 55. ~"
Q ~
~ On this day of . in the year of . before me ~
~~ , a notary public, ~
~ personally appeared, G.=
~ known or identified to me to be the person(s} whose name(s} subscribed to lhe within 0
~ instrument, and acknowledged to me that _ he executed the same. ~:
~ t
~ Notary Public: G=1
~ Residing at: ~
~ ~.~
. ~ My Commission Expires:
~ ~
~~~~~~~~~~~~M~~)~~WM~~~m)~~~ww~~~W~~~M~IDmi~~~
(
\
\~
F-C{~. U\ I ~5 1 tt( /
960 1 1 :3 9 8
loa: Vdlua ~xU~
ADA C0- !"{E_CORDER
J. DAVIS -UAYAP,RO
BOISE 10
o U I 'tt C L A I i.t D]I:a D 'FIRST AMERlCAN TiTLE CO.
'96 FEB 9 A((1i,~i
-? ;1 v;,A~h/1
fEE ~ _ ~ L p..1....ILJ/" .
RECORDED )1 THE H~E5T Of
erN OF MERIDI..AH, a iUnicipa 1 <X.I.t"pOrd tlQi
~
1 C)7c-OOl r-r-(j
do hareby r:x:nVf!fj, release, r"Ais.a and f ot'~ quite 1a ha unto ....,~ J 0 J
'llWNf 'IUUIT CLIFF t1nd SrM::Y. '1U~CI..J:'W , u).() aqu.irw:i tl tl.il a.1J srACY }o1.1IJCER9Ct.(, /
1 u.wband and wit a
v..n~~ ~ 1M 3825 W.. SE<\ ISLV<<J CRr.., HERIDIAN, I.I'lA.f..JJ 83642
tr..a. fal ~ir..rJ rl:a.acr!.bed ~, to-wi t:
Lot 10 Bloe:k 1 ot Lot: Li.na Adjust:w.ent :Racord of. SUl::v&y No.. B02, ~ Oct.cbe.r 9,
1985 8.9 Ir~t:rtnaent. No.. 9553745, beirq a portion of LOCs 9 &.rrl 10 Block 1 oL 'IlrE lAKE
,M OIffdti lAIffi, ~ to the oLficial plat. thareof, rilGd in Eook 52 of Plata
&t paqas 4569-45?0 l:'eC01."'\:ia of J.da Cconty I Idaho.
t~th,.&r viti-! thair ~~..
~f ~ carrie, Mayoc, ell)'
-- ~1!:1:
ll~ G. BarcJ, Jr. 'lll~t
6TNl'E O'l ~D
: M
cnlRV ru,J ~; hA )
Q1 '.Ih..:la I~ (jay of FEb:: uary, in tl18 Y6U"' 15%, bal'ore)&;a, a Notary Public
in and fee aaid state, ~11y ~ nobort D. Q;)n"ie kncu1 oc ic\GrltitiGd to
ma to bi tll,;9 Hayoa.- or thG city of J.lerid.ian, a ~ipality I tllat euecut.ed t.he
insb."Utt.enc cc the ~ Uio fOOii\CUbQd the .inst:ru:atent on ber.-s.U ot said lI4.ltl.icipality,
ard ~1edtJ;d f;p _.,that audl >>tlrl.ioipality euacuted the ~.
'''~''''''''''I '.. .
\",C, E. l. G "II;,
,tl"~ ' ,., .;~"
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[~~01Aftr ;
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Title Company of IdalLo
MERIDIAN CITY COUNCIL MEETING:
SEPTEMBER 21. 1999
APPLICANT: CONSENT AGENDA
REQUEST: RESOLUTION FOR UNION FIRE CONTRACT
AGENDA ITEM NUMBER: ~
AGENCY
CITY CLERK:
COMMENTS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY:
CITY POLICE OEPT:
SEE ATTACHED RESOLUTION
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
,-{((p!lfU i IJG 6
(ifr ~ v
~~};)
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
AI! Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO. 27~
BY: ~~~-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COLLECTIVE
LABOR AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND LOCAL
#2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreelne11t with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho
Code, de110ted as "COLLECTIVE LABOR AGREEMENT", a copy of which is
attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOL YED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and Clerl<. are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with LOCAL #2311
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing
pursual1t to Chapter 18 of Title 44 of the Idaho Code, entitled "COLLECTIVE
LABOR AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "A" to
this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, tllisL/*day
of J.q;teht~ ,1999.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, - PAGE 1 OF 2
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO
AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT"
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2t S'+
day of set)'feht-~ , 1999. -
ATTEST:
~~~J~
CITY CLERIC
"I-
-
-
-
.....
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, - PAGE 2 OF 2
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO
AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT"
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
F{v' -e
()hv;~
(2.e r&fl. Ml-
----------
I, the undersigned, do hereby certify:
1 . That I am the duly appointed and elected Clerl( of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the gls'p day of Jepfp~~ , 1999, the
following action has been taken and authorized: '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF OF
SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COLLECTIVE LABOR
AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND LOCAL #2311
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreelnent with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE
FI GHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho
Code, denoted as "COLLECTIVE LABOR AGREEMENT", a copy of which is
attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerl( are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with LOCAL #2311
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing
ptlrSual1t to Chapter 18 of Title 44 of the Idaho Code, entitled "COLLECTIVE
LABOR AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "An to
this Resolution and to bind this City to its terms and conditions.
CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 1
... SEhL _
- ~-
.~ y~ ~ ~ ~
~ Q ~ o~ ~
%"'0 ttsr 1'0"'\ · ~ .f r/. '/ )' ~ ~
.......... ..,...:'9 .,("\~ ....' ~e:-- .
"'/1,1 · a "(7 ,\",,/ ",..... .
11;~~l"1OU/ N ~ "\\~"\\\' William G. Berg, JI.
IIUH u\
STATE OF IDAHO,
ss.
County of Ada,
On this day of , in the year 1999" before me,
, a Notary Public, appeared WILLIAM G.
BERG, JR., lcnown or identified to me to be the City Clerl< of the City of Meridian,
Idaho, that executed the said instrument, and aclmowledged to me that he executed
the same on behalf of the City of Meridian.
Notary Public for Idaho
Commission Expires:
n1sglZ:\W ork\M\Meridian 1 5360M\Fire Dept\CertClkUnion#23 1 1
CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN - 2
,r-
~OLLECTIVE LABOR AGREEMi i'
AGREEMENT
The City of Meridian hereinafter referred to as the DEPARTMENT, and Local
#2311 International Association of Fire Fighters, hereinafter referred to as UNION, in
order to increase general efficiency in the Fire Department, to maintain existing
harmonious relationship between the Fire Department and its employees, and to promote
the morale, rights and well-being of the members of the Fire Department, hereby agree as
follows:
ARTICLE 1 - RECOGNITION
Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the
UNION as the exclusive bargaining agent for all full time paid employees of the Fire
Department except management persolll1el and volunteers.
ARTICLE 2 - DISCRIMINATION
There shall be no discrimination against, intimidation or harassment of any
employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member
acting on behalf of the UNION, because of the employee's membership or non-
membership in the UNION or by virtue of his /her holding office or not holding office in
the UNION.
The DEPARTMENT and the UNION agree that neither shall discriminate against
any employee or prospective employee with respect to his/her compensation, terms,
conditions, or privileges of employment because of such employee's race, color, religion,
sex, national origin or other factors which do not constitute bona fide occupational
requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine
bona fide occupational requirements within the meaning of this Article.
ARTICLE 3 - PREVAILING RIGHTS
All rights, privileges, and benefits held by the firefighters at the present time
which are not included in this contract shall remain in force unless change is agreed to by
both parties. The Fire Chief may change or cancel any such right, privilege or benefit
when helshe deems it in the best interest of the Fire Department. Any change or
cancellation of any right, privilege or benefit that is done for harassment, retaliation,
without just cause or applied unfairly shall be subject to the grievance procedure.
ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF
The EMPLOYER agrees to deduct authorized union dues, fees and assessments in
amounts specified by the authorized officer of the UNION, from the pay of the
bargaining unit employees upon written authorization. The EMPLOYER further agrees
to transmit those amounts monthly to the UNION. The UNION agrees to certify to the
EMPLOYER the amount of authorized dues, fees and assessments.
ARTICLE 5 - UNION BUSINESS
Firefighters elected to Union office shall be granted time off to attend functions,
conventions and seminars within the State of Idaho, provided that the Fire Chief is given
seventy-two (72) hours notice and approves such leave. Up to three (3) members of the
Union's Contract Negotiation Committee shall be allowed time off either with leave
Agreement- 1
":OLLECTIVE LABOR AGREEM1{ ...'
without payor vacation time at the employee's discretion, for all meetings with the
D EP AR TMENT for contract negotiations, for union conventions and for union seminars
mutually set by the DEPARTMENT and the UNION.
ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING
In case of personnel reduction, the member with the least seniority shall be
released first. No new employees will be hired until the furloughed members have been
given the opportunity to return to work.
If at any point a restructuring causes a decrease in an employee's rank as justified
due to Fire Department adjustments, that person will assume the next available opening
in that rank.
Seniority being considered: skills, qualifications and abilities are the determining
factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability.
ARTICLE 7 - RULES and REGULATIONS
The rules and regulations and policies of the DEPARTMENT as provided in
Idaho Code relating in any way to wages, hours and/or other terms and conditions of
employment shall be made a part of this agreement. The rules and regulations of the
DEPARTMENT as provided in Idaho Code shall be subject to change by mutual consent.
ARTICLE 8 - INSURANCE
During the term of this Agreement, the DEPARTMENT shall pay 100% of the
employee premiums for policies of health and accident, workman's compensation, dental,
life, and long term disability insurance. The DEPARTMENT shall provide coverage to
firefighters that is equal to or greater than that coverage in policies in existence as of the
effective date of this Agreement. The Firefighter will pay the dependent premium for the
family medical and dental plan that is in existence at the time of the signing of this
contract throughout ~he term of this contract. The City reserves the right to make changes
in carriers, premiums and provisions of these programs when deemed necessary or
advisable.
ARTICLE 9 - SICK LEAVE
Any employee incurring a non-duty sickness or disability which renders him/her
unable to perform his/her duties shall receive sick leave with full pay within his/her
accumulated sick leave time. Suppression employees shall accrue ten (10) hours per
month beginning October 1, 1999. The maximum time accumulated shall be 2920 hours.
Any employee whose employment with the DEPARTMENT is discontinued shall
be paid at his/her regular wage rate for 15% of his /her accrued sick leave.
Any employee unable to perform hislher duties for more than three (3)
consecutive shifts due to non-duty sickness or disability shall be required to provide
medical documentation from hislher attending physician.
Forty (40) hour employees shall accrue six (6) hours per month. The maximum
time accumulated shall be 1040 hours.
Agreement- 2
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\ _OLLECTIVE LABOR AGREElVIE'.L -L'
ARTICLE 10 - INJURY LEAVE
Whenever an employee is incapacitated on the job, he/she shall be entitled to
injury leave with full pay which includes the wage scale in APPENDIX A, during the
period in which he/she is unable to perform hislher duties or until such time as he/she has
been accepted for retirement by the current retirement system. The period of injury leave
is limited to a maximum of twelve (12) months and any Worker's Compensation benefits
received by the member for total or partial temporary disability during the employee's
injury leave with full pay shall be turned over to the DEPARTMENT. All employees on
injury leave shall be subject to an examination by a Doctor acceptable to the
DEP AR TMENT.
Whenever a full-time employee is unable to perform hislher FULL DUTIES as a
result of a "LINE OF DUTY" injury or illness, he/she may be required to report to work
in a LIGHT DUTY status if management determines that light duty work exists or is
available at that time. Management has the right to determine if light duty work exists.
Assigned LIGHT DUTY shall be strictly limited to instructions provided by the
sick/injured employee's medical doctor regarding his/her physical and/or mental status.
He/she must provide a doctor's release to the Chief or hislher designee stating what
functions he/she is able to perform, and for how long (hours per day or per shift, days or
shifts per month, etc.).
Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full
physical and/or mental recovery of the sick/injured employee.
LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or
other benefit accrual as previously agreed to or provided for by this agreement or by past
practice of the management.
ARTICLE 11 - VACATION
1. All twenty four (24) hour shift employees covered by the terms oftrus
Agreement shall accrue paid vacation leave on a monthly basis according to the
following schedule:
10/1/1999
a. Zero to two (0-2) years of service
b. Three to nine (3-9) years of service
c. Ten to fourteen (10-14) years of service
d. Fifteen (15) and up years of service
6 hours/month
1 0 hours/month
14 hours/month
18 hours/month
10/1/2000
a. Zero to two (0-2) years of service
b. Three to nine (3-9) years of service
c. Ten to fourteen (10-14) years of service
d. Fifteen (15) and up years of service
8 hours/month
12 hours/month
16 hours/month
20 hours/month
Maximum hours accrued shall be 432. Any amount over the maximum
will be lost
Agreement- 3
'l. ~OLLECTlVE LABOR AGREEMIL~ . t~
2. All eight (8) hour per day/forty (40) hour week employees covered by the terms
oftrus Agreement shall accrue paid vacation leave on a monthly basis according to the
following schedule:
10/1/1999
a. Zero to two (0-2) years of service
b. Three to nine (3-9) years of service
c. Ten to fourteen (10-14) years of service
d. Fifteen (15) and up years of service
3.33 hours/month
6.66 hours/month
10 hours/month
14 hours/month
10/1/2000
a. Zero to two (0-2) years of service
b. Three to nine (3-9) years of service
c. Ten to fourteen (10-14) years of service
d. Fifteen (15) and up years of service
6 hours/month
8 hours/month
10 hours/month
14 hours/month
Maximum hours accrued shall be 250. Any amount over the maximum will be lost
Vacation will accrue, but may not be taken during an employee's first year of
employment. Any employee whose employment with the DEPARTMENT is
discontinued for any reason shall be paid at his/her regular wage rate for all accrued and
accumulated vacation.
Employees shall be entitled to bid for vacation leave according to seniority. The
DEPARTMENT shall determine the vacation schedule, taking into consideration
seniority and the desires of employees. The vacation list will be circulated beginning
September 1, and seniority considerations shall prevail until December 31 st of each year.
INCIDENTAL LEAVE
Incidental leave is defined as vacation leave not previously scheduled during
yearly vacation scheduling planning.
Incidental leave may be granted at the sole discretion of the management of the
DEPARTMENT and must be taken in not less than four (4) hour increments.
HOLIDAYS
All employees shall accrue and receive eight (8) hours paid leave for each of the
holidays listed below. All holiday time shall be in addition to the employee's vacation
leave, and shall accrue as each holiday occurs. All 24 hour shift employees shall have the
holiday leave added to their vacation leave. All employees shall be entitled to ten (10)
holidays per year as listed below:
NEW YEAR'S DAY
PRESIDENT'S DAY
VETERAN'S DAY
INDEPENDENCE DAY
MEMORIAL DAY
LABOR DAY
COLUMBUS DAY
THANKSGIVING DAY
CHRISTMAS DAY
CIVIL RIGHTS DAY
Agreement- 4
\ :OLLECTIVE LABOR AGREEMli~ . J.~
ARTICLE 12 - RELIEF PERSONNEL
The DEPARTMENT will provide qualified relief personnel with full-time
employees Monday through Friday, ifpossible. On call personnel will be used first
choice on weekends, if possible. Sufficient relief personnel shall be used to maintain
normal coverage of each shift period of vacation, holidays, sick leave and fire related
education.
ARTICLE 13 - VACANCIES
Any unfilled position cause by termination, retirement, promotion or othelWise,
except for personnel reduction as provided elsewhere in this Agreement, shall be filled
from a hiring list of eligible applicants on file for that position. Promotions and vacancies
for the position of Driver, Captain and any other positions added to the ranks of the
DEP ARTMENT which pertain to shift personnel shall be filled from the current ranks of
the full-time personnel of the Meridian Fire Department All promotional examinations
shall be given and vacancies filled within 60 days. Vacancies for the position of ent!}'
level firefighter shall be filled from the hiring list.
It shall be the exclusive responsibility of the DEPARTMENT to determine bona
fide occupational requirements within the meaning of this Article and maintain a hiring
list to be renewed every two (2) years.
ARTICLE 14 - PROMOTIONS
Eligibility tests for promotion and newly created positions shall be based on
examinations given. To be considered for promotion the employee must have served one
continuous year in the previous position.
Examinations will be given once a year for all positions up to and including
Driver; and will be given in the month of April each year. For the positions of Officers,
the examination will be given every two (2) years during the month of ApriL
In the event of an opening/vacancy for a position in which there are no qualified
candidates on the current promotion/eligibility list of that position, a special test may be
given, by mutual consent of both parties to fill the vacancy/opening.
All examinations shall be impartial and shall relate to those matters which will
test fairly the candidate's ability to discharge the duties of the position to be filled.
It shall be the exclusive responsibility of the DEPARTMENT to determine bona
fide occupational requirements within the meaning of this Article. The DEPARTMENT
shall be the sole judge of skills, qualifications and ability. Seniority for promotions will
be one-half (1/2) point per year of service up to a maximum often (10) points.
Promotional examinations shall consist of a written test and assessment center. A
minimum of70% will be required to pass each portion of the promotional examination.
Seniority points will be added after successfully passing the examination. The following
formula will be used to determine the candidate's final score on promotional
examinations.
Agreement- 5
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~OLLECTIVE LABOR AGREEMEi ~ ...
Example:
+
/2=
+
81.0% Written Examination
75.0% Assessment Center
78.0%
4.0 Seniority Points (8 years service)
82.0 Final Score
ARTICLE 15 - GRIEVANCE PROCEDURE
Disputes or differences arising between the DEPARTMENT and the UNION
and/or individual members of the Fire Department as to the meaning or application of any
provision of this Agreement or of the Rules and Regulations of the Fire Department (as
provided in article 7), relating in any way to employees' wages, hours and/or other terms
and conditions of employment, shall be settled in the manner provided herein. For the
purpose of this provision, such a dispute or difference shall be referred to as a
"Grievance. "
Step One: Any employee who has a grievance shall notify the Union Grievance
Committee in writing within ten (10) business days from the date of the grievance, or ten
(10) business days from the time the employee, through reasonable diligence, should
have been aware of it. The Union Grievance Conunittee, hereinafter referred to as
UNION, shall within the next ten (10) business days determine if the grievance has merit.
If in its opinion, the grievance does not have merit, no further action shall be necessary.
Step Two: Ifit is the opinion of the UNION that a valid grievance exists, the
UNION shall present the grievance in writing to the Fire Chief within ten (10) business
days after their decision. All parties to such discussion will make a good faith effort to
resolve the grievance. The Fire Chief thereafter shall give hislher reply in writing within
ten (10) business days.
Step Three: If the grievance has not been resolved in Step Two, the UNION shall
present the grievance in writing to the DEPARTMENT within ten (10) business days
from the receipt of the Fire Chiefs written reply. All parties to such discussion will make
a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its
reply in writing within ten (10) business days.
Step Four: If the grievance has not been resolved at the appropriate lower Step(s),
either the UNION or DEPARTMENT may within ten (10) business days refer the
grievance to an Arbitrator by serving written notice upon the other.
The UNION and the DEPARTMENT shall request the Federal Mediation and
Conciliation Service to supply a list of seven (7) proposed arbitrators. Within five (5)
business days after receipt oftrus list the UNION and the DEPARTMENT shall select an
Arbitrator by alternately striking one (1) name at a time from the list until only one (1)
name remains. The party striking the first name shall be determined by a coin toss. The
name remaining on the list shall be accepted by both parties as the Arbitrator.
The Arbitrator shall conduct a hearing and shall render a decision in writing,
which shall be final and binding on both parties, subject only to the parties' right to seek
vacation or modification to the Arbitrator's award pursuant to the provisions of Chapter
9, Title 7 Idaho Code.
The Arbitrator shall have only such jurisdiction and authority to interpret and
apply the provisions of this Agreement as shall be necessary to the determination of the
arbitration issue. The Arbitrator shall not have any power to add or subtract from,
Agreement- 6
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_OLLECTIVE LABOR AGREEMEl ~ -L
modify or alter in any way, the provisions of this Agreement The cost of arbitration
shall be borne equally by the DEPARTMENT and UNION.
ARTICLE 16 -NO STRIKES - NO LOCKOUT
Upon the consummation and during the term of this Agreement, no member of the
Fire Department covered by this agreement shall strike or recognize a picket line of any
labor organization while in the performance of his /her official duties, in accordance with'
Idaho Code Section 44-1811.
It is mutually agreed that there shall be no strike authorized by the UNION and no
lockout authorized by the EMPLOYER, except for the refusal of either party to submit to
or abide by the grievance procedure set forth herein. No picket line, at or around the
City's property, established by any other person or organization shall be sanctioned or
honored during the term of this Agreement.
The UNION agrees that as part of the consideration for this Agreement, it will,
within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes,
slow-downs or suspensions of work, instructing their members to work immediately. The
UNION agrees that it will not assist employees participating in unauthorized work
stoppages, strikes, slow-downs or suspensions ~fwork. For purposes of this section, the
term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and
picketing .ofthe City's premises.
ARTICLE 17 - UNIFORM ALLOWANCE
All suppression employees uniforms shall meet National Fire Protection
Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand,
style, materials and color of uniforms shall be designated by the Fire Chief.
Under this article the DEPARTMENT shall provide each suppression employee
$600.00 credit per fiscal year for the purchase of station uniform wear. For a introductol)'
firefighter, the DEPARTMENT shall provide the proper station uniform, meeting the
N.F.P.A. 1975 standards, for the first year of service, or $800.00 credit. On the
firefighter's anniversary date, of the first year of service, the fIrefighter shall receive
$50.00 credit for each month between the anniversary date and the DEPARTMENT'S
fiscal year end.
Non suppression employees shall receive $600.00 credit for their clothing
allotment per fiscal year.
ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS
The designated work period for all Fire Department personnel covered under this
Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under
the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular
hourly rate and 12 hours paid at the overtime rate ifno excluded hours under the act has
been taken.
The regular work schedule for suppression personnel shall be three (3) shifts on
duty evel)' other day and then four (4) days off. A shift shall be twenty-four (24) hours
of duty, starting at 0700. For illustration purposes, the regular work schedule for
suppression personnel is listed below with an X representing an on-duty shift and a Y
representing an off-duty shift.
Agreement- 7
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\ ,....;OLLECTIVE LABOR AGREEl\1El., l'
XYXYXYYYY
The regular work schedule for non-suppression personnel shall be forty (40) hours
per week. Hours of work are from 0800 to 1200 and from 1300 to 1700 Monday through
Friday.
ARTICLE 19 - BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, he/she shall be
entitled to up to 24 hours leave of absence. Leave may be granted from accrued vacation
leave or unpaid leave of absence. Sick leave may also be granted at the discretion of the
Fire Chief or hislher designee.
The immediate family shall be defined as spouse, child (which shall include a
step-child, foster child or legally adopted child), mother, father, brother, sister,
grandparent or grandchild.
ARTICLE 20 - CALL BACK
Any employee reporting for duty while off-duty shall have all of the benefits that
he/she would normally have while on his/her regular tour of duty.
Employees shall receive overtime pay at one and one-half (1 1/2) times hislher
normal rate of pay for all overtime worked. There shall be a minimum of one (1) hour
pay for all call back, overtime, or incidents work. Additional calls during the initial 60
minutes of each call back, overtime, or incident worked will not be further compensated.
Any time worked after the first hour will be compensated at one-half (1/2) hour
increments, rounded up to the next half-hour. All overtime accumulated by an employee
shall be due and payable on their next pay period.
ARTICLE 21 - WORKING OUT OF CLASSIFICATION
All employees of the DEPARTMENT covered by this Agreement and who are
certified as meeting the eligibility requirements shall, when circumstances warrant,
accept and assume the duties of the position or rank above that which he/she normally
holds. Each employee assuming the higher duties or rank shall be paid at the wage scale
of the higher position or rank, for time worked at the higher position or rank, utilizing the
same 60 minute minimum standards set forth in CALL BACK.
ARTICLE 22 - EFFECTIVE DATE
This Collective Labor Agreement shall become effective October 1, 1999, and
remain in full force and effect until September 30, 2001.
This Agreement may be reopened at any time for negotiations on any mutually
agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code.
ARTICLE 23 - SAVINGS CLAUSE
If any provisions of this Agreement or the application of such provision should be
rendered or declared invalid by any court having jurisdiction, or by reason of any existing
or subsequently enacted legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect
Agreement- 8
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.....:OLLECTIVE LABOR AGREEME'l, .tl
ARTICLE 24 - STAFFING
Sufficient employees shall be maintained on duty and available for response to
alarms. Sufficient employees shall be on duty and available to provide a minimum of one
firefighter, one driver, and one officer per station with a minimum of three (3) firefighters
responding to fire related calls~
If sufficient employees are not available to meet the minimum staffing
requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL
article in this Agreement Units shall not be placed out of service for reasons of
insufficient personneL
ARTICLE 25-SALAJtlES
Wages for all employees of the Fire Department shall be as fixed and set forth in
APPENDIX A, attached hereto.
ARTICLE 26 - MANAGEMENT RIGHTS
The DEPARTMENT shall have the exclusive right to exercise the regular and
customary functions of management, subject to the provisions of this Agreement and
consistent with applicable law and regulations, including, but not limited to: Directing the
activities of the DEPARTMENT; Determining the levels of service and methods of
operations; The introduction of new equipment; The right to hire, lay-off, transfer and
promote; To discipline and discharge employees for cause; To determine work schedules
and assign work; To take whatever action may be necessary to carry out its mission in
emergency situations. Nothing in this clause shall have the effect of nullifying any
provisions elsewhere in this Agreement.
The terms hereof are intended to cover only minimums in wages, hours, working
conditions, benefits, and other terms and conditions of employment. The City may place
superior wages, hours, working conditions, benefits and other terms and conditions of
employment in effect and may reduce the same to the minimums herein prescribed.
ARTICLE 27 - ORDER OF AUTHORITY
The order of authority within the DEPARTMENT is as follows:
Fire Chief
Captains and Fire Marshall
Drivers
Firefighters
Agreement- 9
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~OLLECTIVE LABOR AGREEMEJ. , l'
DATE AND SIGNED this
CITY OF MERlDIAN
By:
Robert D. Corrie
Mayor
day of
ATTEST:
By:
William G. Berg, Jr.
City Clerk
Agreement- 10
IAFF LOCAL #2311
By:
Reggie Edwards
President
, 1999.
ATTEST:
By:
Sam McEvoy
Secretary
APPENDIX A
Wage Scale- The job classification and wage rates for the employees covered by this Agreement
shall be as follows:
EFFECTIVE DATES
Job Titles 10/1/99 10/1/2000
Introductory Employee
(1 st year) $27,000 $29,430
Firefighter I $28,023 $30,080
Firefighter II $30,776 $33,956
Firefighter III $32,552 $35,972
Driver $34,604 $37,539
Captain $40,469 $43,946
Fire Marshall $43,786 $47,727
The wage rates above include Longevity and Educational differential pay.
NOTE: To be promoted the employee must have served one (1) continuous year in the previous
position, as per Article 14-PROMOTIONS
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MEMORANDillv1 OF UNDERSTANDING
This Memorandum of Understanding (MOD) is entered into this day of
, 1999 by and between the City of Meridian referred to as the
DEPARTMENT and the International Association of Fire Fighters, Local #2311 herein after
referred to as the Union.
The DEPARTMENT and the Union agree as follows:
1. The DEPARTMENT will contract and pay for cleaning services of station uniforms to
prevent cross contamination with their families/clothes due to blood, body fluids and
airborne pathogens that were picked up on the uniform, whether seen or unseen. If there
was not contamination the employees will launder their own uniforms or utilize cleaning
services arranged for by the DEPARTMENT at the employee's expense. This paragraph
shall remain in effect until the new fire station and equipment is available.
2. The DEPARTMENT and the Union agree to negotiate a drug/alcohol policy during the
Collective Labor Agreement contract period that runs from 10/1/99 -9/30/2001.
The MOD shall remain in effect for the duration of the time periods listed under #1 & #2.
CITY OF MERIDIAN
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, LOCAL 2311
Mayor
Union Representative
City Council President
Union Representative
't.
interoffice
MEMORANDUM
To:
William G. Berg, Jr.
/'
From:
Subject:
COLLECTIVE LABOR AGREEMENT (LOCAL #2311 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS)
Date:
September 17, 1999
Will:
Please find attached the originals of the RESOLUTION an the
CERTIFICATE OF THE CLERIC pertaining to the above matter for the Meridian
Fire Department. Pursuant to a memo from ICenny Bowers this contract will be on
the City Council agenda for their September 21, 1999, meeting.
Z:\W ork\M\Meridian I 5360M\Fire Dept\B ergO 9 1 799 .Mem