HomeMy WebLinkAbout1998 05-19
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, MAY 19, 1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: LRON ANDERSON . "~CHARUE ROUNTREE
V GLENN BENTLEY =z=KEITH BIRD
./ ,K' MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS MEETING HELD MAY 5, 1998: (APPROVED)
PRESENTATION TO LILA HILL FOR HELP AT WESTERN IDAHO FAIR & REGIO
SPRINTER:
1. HISTORICAL PRESERVATION AWARD PRESENTATION FOR 1998: (BY LILA
HILL)
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE
FACILITY BY SUSAN EHTESHAMI -875 W. FRANKLIN ROAD: (APPROVE
FINDINGS - APPROVE DECISION)
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO LIFT
REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN
SALMON RAPIDS NO.4 BY FARWEST DEVELOPERS - SOUTH LOCUST
GROVE BETWEEN OVERLAND AND VICTORY: (APPROVE AMENDED
FINDINGS - APPROVE DECISION)
4. CONTINUED PUBLIC HEARING: AMENDMENTS TO ZONING AND
SUBDIVISION AND DEVELOPMENT ORDINANCES: (CITY ATTORNEY TO
PREPARE ORDINANCE)
5. FINAL PLAT FOR TEARE COMMERCIAL SUBDIVISION BY RONALD VAN
AUKER - NW CORNER OF TEARE AVENUE & OVERLAND ROAD:
(APPROVE WITH CONDITIONS)
6. REQUEST TO HOOK UP TO CITY WATER BY HOLY APOSTLES CATHOLIC
CHURCH - SOUTHEAST CORNER OF MERIDIAN ROAD AND CHINDEN
BLVD: (TABLE UNTIL JUNE 2, 1998)
7. REQUEST TO HOOK UP TO CITY SEWER AND WATER BY LDS CHURCH -
LOCUST GROVE AND USTICK: (TABLE UNTIL JUNE 2,1998)
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8. REQUEST FOR FINANCIAL ASSISTANCE BY MERIDIAN SENIOR CENTER:
(WILL MEET NEXT MONTH)
9. DISCUSSION BY ELAINE ESTACIO REGARDING R-4 ZONING ORDINANCE
AND IN HOME DAYCARE: (TABLE UNTIL JUNE 2,1998)
10. NON-DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION NO.3 BY
HON, HON AND NORRIS: (APPROVE WITH CITY ATTORNEY
RECOMMENDA liONS)
11. MARCH FOR PARKS INFORMATION BY TAMMY DE WEERD:
12. DEPARTMENT REPORTS:
A. GARY SMITH:
1. WELL NO. 19 CHANGE ORDER. (APPROVE)
2. TULLY PARK CHANGE ORDER. (APPROVE)
B. KENNY BOWERS:
OPTICOM FOR MERIDIAN & PINE AND E. 1ST AND PINE:
C. TOM KUNTZ:
1. CARE ENOUGH TO SHARE SUMMER REC. SCHOLARSHIPS:
2. PAINT THE TOWN PROJECTS:
3. 22 ACRES OF PARK LAND SOUTH CORNER OF PINE & TEN MILE:
D. WAYNE CROOKSTON:
1. STATESMAN VS. CITY OF MERIDIAN:
2. AGREEMENT BETWEEN CITY OF MERIDIAN & MCCALL
PROPERTY.
E. CHARLIE ROUNTREE:
MILL LEVY .004%.
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MERIDIAN CITY COUNCIL MEETING
MAY 19,1998
The regular meeting of the Meridian City Council was called to order by Mayor
Robert D. Corrie at 7:30 p.m.
MEMBERS PRESENT: Ron Anderson, Charlie Rountree, Glenn Bentley, Keith
Bird, Mayor Corrie.
OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Bill Gordon,
Kenny Bowers, Will Berg, Ronald Van Auker, Don Marshall.
ITEM #1: HISTORICAL PRESERVATION AWARD PRESENTATION FOR 1998:
Corrie: At this time I would like to have Lila Hill come up, I'd like to present her
with a token of our appreciation. Lila has done a lot for us on the regia -sprinter
and the historical pictures down there and also for our hundredth anniversary at
the state fair so we'd like to give her a little memento here as presented to Lila
Hill for her time and dedication to make Meridian history available to the citizens
of the Treasure Valley during the regia-sprinter demonstration and during the one
hundredth anniversary of the Western Idaho State Fair (inaudible) by the City of
Meridian.
Hill: And they've already been (inaudible).
Corrie: Well that's good.
MINUTES OF PREVIOUS MEETING HELD MAY 5, 1998:
Corrie: Council you have the minutes of the previous meeting held May 5, 1998.
Bentley: Mr. Mayor, I move we approve the minutes of the meeting held May 5,
1998.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the
minutes of the previous meeting held May 5, 1998. Further discussion? Hearing
none. All those in favor say aye.
MOTION CARRIED: All aye.
Corrie: Lila, I believe you have a presentation.
Hill: Now it's my turn. I'm here representing the Historic Preservation
Commission for the City. We operate under a certified local government
designation, which is under the national park service. This year we did not have
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MAY 19, 1998
PAGE 2
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a nomination for historic register but we do have an award that we want to give
and that's a 1998 Historic Preservation Award is going to be given to Tim Mussell
and Vern Chitwood for their restoration and preservation of the 1912 rural high
school. The' building was designed by Turtlelot and Hummel and it's supposed to
be the first building constructed west of Denver to have poured concrete
construction to the level of the first floor. The 1937 remodeling and gymnasium
addition was designed by the Wayland and Fennel firm and was of WPA
construction project with local management over that. The last classes held in
the building were in May 1986. The building sat empty except for lots of pigeons,
graffiti artists, some of who didn't spell four letter words too well, and transients
until the late fall of 1996 when Tim and Vern purchased the building and began
it's transformation from the derelict property into the Meridian Office and
Convention Center. The project is almost complete, practically all of the space is
rented and the Meridian Historic Preservation Commission is proud to give the
1998 Preservation Award to Tim and Vern so if they'll come and get their goody
for their wall.
Corrie: Okay thank you Lila. Thank you to you two gentlemen for restoring the
old high school building, the City thanks you and we even thank you so much we
got some of our people down there so thank you.
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE
FACILITY BY SUSAN EHTESHAMI - 875 W. FRANKLIN ROAD:
Corrie: Council you have the Findings of Fact and Conclusions of Law in front of
you. Any discussion? I'll entertain a motion on the Findings of Fact and
Conclusions of Law.
Rountree: Mr. Mayor, I would move that the Meridian City Council hereby adopts
and approves these Findings of Fact and Conclusions.
Bird: Second it.
Corrie: Motion has been made and seconded that we approve the Findings of
Fact and Conclusions of Law as stated.
ROLL CALL VOTE: Mr. Bird - yea, Mr. Anderson - yea, Mr. Rountree - yea, Mr.
Bentley - yea.
MOTION CARRIED: All yea.
Corrie: 1111 entertain a motion for the decision.
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MAY 19, 1998
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Rountree: Mr. Mayor I move that the Meridian City Council hereby decides that
the conditional use permit requested by the applicant for the property described
in the application is approved with the conditions set forth in the Findings of Fact
and Conclusions of Law and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, uniform fire code, parking
requirements and that the paving and landscaping requirements and all
ordinances of the City of Meridian. The conditional use shall be subject to a
review upon notice to the applicant by the City.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird on the decision as
read. Any further discussion? Hearing none. All those in favor of the motion say
aye.
MOTION CARRIED: All aye.
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO
LIFT REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN
SALMON RAPIDS NO.4 BY FARWEST DEVELOPERS - SOUTH LOCUST
GROVE BETWEEN OVERLAND AND VICTORY:
Corrie: Council do you have those findings in front of you? I think you received a
letter from Brian McCall in reference that they would like to have a sunset clause
placed in that on record. Is there any discussion?
Bentley: Mr. Mayor, I have some discussion for the City Attorney, something that
may have been explained that I've missed on page 22 of the findings under the
decision about halfway down it states Meridian Greens Subdivision then the
minimum size house should be 1500 square feet, the surface water shall be used
for pressurized irrigation, if possible, that applicant shall extend the guard rail
along Locust Grove and the number of feet recommended by the Ada County
Highway District (ACHD) that it was the understanding of the City Council that
ACHD would provide the materials for the guard rail and inspect it; that the
applicant shall provide the rail and the applicant shall post a completion bond for
110% of the value. Backing up, after irrigation if possible, I don't understand that
and then we've got two people who are supposedly going to provide the guard
rail, can somebody shed some light on that?
Crookston: That's something that was from the initial Findings of Fact and I
didn't review that.
Bentley: Weill don't see how we can pass something that said - you know we're
discussing this well problem with the properties and the pressurized irrigation and
now we're talking if possible. I think it's either -
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 4
Rountree: Mr. Mayor, in my review of this - this is the original Findings and
Facts, the only modification has been made on page 20.
Crookston: That's correct.
Rountree: And that reference is the change in the monitoring and then also
references the appended letter from Mr. Squires but the remainder of the
Findings of Fact and Conclusions are as originally prepared. That's how I saw
them.
Crookston: That is correct.
Rountree: So we're really not approving or disapproving something new, that
stuff is already a matter of record, what we're doing is looking at that appended
portion, it was item #15 on page 20. Then the other question that's been brought
to us was that of a sunset, Mr. Mayor if I could ask Gary Smith his thoughts on
that.
Smith: Mayor and Council and Councilman Rountree, I think I have just two
comments, one would be that in all likelihood if the sunset clause was not part of
the decision the Irrigat;on District would not be interested in taking the well for
ownership and maintenance. Secondly I think that in terms of monitoring the
ultimate responsibility or the ultimate authority of these wells lays in the Idaho
Department of Water Resources basket, they're going to be the ones to sort out
any problems, I think that was - in fact that was even addressed by Water
Resources at the time that the original application came through, other than that I
guess I don't have any other thoughts concerning the length of time that the
monitoring would go on.
Corrie: That is the desire of the Council to put that sunset clause in there that
could be added as part of the record at this time if you want to.
Bentley: I have no problems with putting it in.
Bird: I have none.
Rountree: Is there some suggested language counselor that we could add to
item #15 that would stipulate a sunset clause and a time certain?
Crookston: Mayor and Council, if you give me a date when you do want it to
sunset then I could put that together.
Corrie: If you want you could have it five years from tonight's date if you wished,
that would be a five year sentencing clause at that time.
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Bentley: That would be fine with me but I would like to see it closed out tonight.
Corrie: So five years from today would be May 19, 2003.
Rountree: Mr. Mayor, I make a motion that the City of Meridian hereby adopts
and approves these Findings of Fact and Conclusions with the amendment to
have a sunset clause added to item #15 that would have this monitoring activity
cease or sunset June 1, 2003.
Bird: Second.
Corrie: Motion is made that we accept the Findings of Fact and Conclusions of
Law with the addition of the sunset clause to be effective until June 1, 2003 be
added to the Findings of Facts. Motion was made and seconded, is there any
discussion on that? Hearing none.
ROLL CALL VOTE: Councilman Bird - yea, Councilman Bentley - yea,
Councilman Rountree - yea, Councilman Anderson - yea.
MOTION CARRIED: All yea.
Corrie: 1111 entertain a' motion for the decision.
Rountree: Mr. Mayor I move that the City Council hereby decides to approve the
annexation and the amendment to the previous Findings of Fact and Conclusions
of Law with the identified amendment, the attached letter from Edward Squires
dated September 11, 1996.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird on the decision as
read, any further discussion? All those in favor say aye.
MOTION CARRIED: All aye.
ITEM #4: CONTINUED PUBLIC HEARING: AMENDMENTS TO ZONING AND
SUBDIVISION AND DEVELOPMENT ORDINANCES:
Corrie: At this time I'll reopen the public hearing and I'd like Shari Stiles to
address the Council.
Crookston: State your name and address please.
Stiles: Shari Stiles, 200 E. Carlton, Suite #201, Meridian.
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 6
Crookston: Do you promise, swear or affirm that the testimony you give tonight
at this public hearing be the truth, the whole truth and nothing but the truth so
help you?
Stiles: I do.
Crookston: Please proceed.
Stiles: Mr. Mayor and Council, hopefully you have your information from the last
meeting. The first item that was recommended by the Planning and Zoning
Commission would be the revised ordinance regarding drainage and irrigation
ditches, hopefully this incorporated the changes that were discussed and all of
your concerns. Gary did you have any revisions? Item #2 was the issue of
allowing planned residential developments in commercial and light industrial
zones, the Planning and Zoning Commission did recommend that that be
changed. Item #3 they wanted additional time to study that and to go over in
some workshops additional changes that may be needed. Item #4 they also did
not act on that, they wanted further justification for additional time for application
submittal. They did recommend item #5 which would require digital submissions
for plats, the exact wording of that would be what the other cities are using and
Ada County has recommended so I ask for approval for items #1, 2, and 5 and
hopefully we'll be able to get some meetings together with Planning and Zoning
Commission to firm up the details on the other issues as well as the long list.
Rountree: Mr. Mayor, I have more of a question of process as opposed to their
request. By approval does that mean then that the ordinances will be modified
by the information outlined in your submittal or that the zoning and development
ordinances will then have to go through another hearing process?
Stiles: I think this will satisfy their requirement for the public hearing on these
items, I don't know if Waynels had a chance to look at how welve written up the
drainage and irrigation ditches ordinance as to form, the other two items would
need to be incorporated into an ordinance amending those specific items.
Rountree: So then we would just see a revised ordinance and act on those?
Crookston: Thafs correct.
Rountree: So really our approval tonight or disapproval would be either to move
forward on that or not to move forward on that.
Crookston: That's correct. I would need approval and direction to prepare an
ordinance.
Rountree: Items 1, 2 and 4?
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PAGE 7
Stiles: #1, 2 and 5 is what they recommended.
Rountree: That's alii needed to know.
Corrie: Any further discussion? Well with that in mind I will entertain a motion for
-- Oh I'm sorry - any other questions?
Rountree: Gary do you have anything to add?
Smith: No, I don't.
Rountree: Okay thank you.
Corrie: Is there anyone else from the public that would like to enter testimony in
this public hearing? Hearing none. Thank you Shari. I will close the public
hearing, any discussion on items #1, 2 and 5 is what Planning and Zoning
recommends that we move forward on and to hold and review #3 and 4 with
them.
Rountree: I don't have any problem with that.
Bird: I don't have any problems.
Corrie: I'll entertain a motion to that effect for the City.
Bentley: Mr. Mayor, I move that the City of Meridian directs the City Attorney to
draw up the proper ordinances for the proposed changes to the zoning ordinance
under items #1 , 2 and 5.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to direct the City
Attorney to draw up the ordinances for the 1, 2 and 5 of the zoning ordinances.
Any further discussion? Hearing none. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #5: FINAL PLAT FOR TEARE COMMERCIAL SUBDIVISION BY
RONALD VAN AUKER - NW CORNER OF TEARE AVENUE & OVERLAND
ROAD:
Corrie: Ron would you like to come up and say anything in reference to the final
plat?
Van Auker: Mr. Mayor, City Councilmen and Staff, the one thing that I would like
to address would be that there's some requirements for curbs, gutters and
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MAY 19, 1998
PAGE 8
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streets, this is a three lot subdivision of which two are already completed leaving
and area of about 200 and some feet up to Overland Road. We would request at
this time based upon there being no plans for the third lot which is yet to be
developed that we be allowed to post a bond, we checked with ACHD, they felt
comfortable with it but we would post a bond to the City of Meridian or to
whatever authority you would like say for 150% of the value of that and then at
such time as we do it go for the completion within the next year for a new facility
we would not then have to tear out the concrete curbs, the sidewalks and that
type of thing for the development itself, other than that we wish to thank the staff
for their help and both our engineer and ourselves for the help in getting this
brought to this point today. Thank you.
Bentley: Mr. Mayor, I have a question for Ron. Ron did you receive a cop~ from
the City from Bruce Freckleton on his site specific comments dated the 1St of
May?
Van Auker: I'm going to have to defer, yeah we did.
Bentley: And you have no problems with -
Van Auker: No we do not.
Bentley: Thank you.
Corrie: Any further questions? Gary? Staff?
Smith: I have no other comments Mr. Mayor, Council.
Corrie: Thank you. Any further discussion Council?
Bird: I have none.
Rountree: I have none.
Corrie: Okay I'll entertain a motion on the final plat or Teare Commercial
Subdivision.
Rountree: Mr. Mayor, I move that we approve the final plat for Teare Subdivision
by Ron Van Auker subject to the conditions of staff and the posting of a bond to
cover the improvements of curbs, gutters and sidewalks in the development at a
later date.
Bird: Second.
Corrie: Any percentage of the bond?
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MERIDIAN CITY COl..,NCIL
MAY 19, 1998
PAGE 9
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Rountree: I believe it was volunteered to be 1500/0 of the value of the
improvements.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to the motion to accept
the final plat with conditions. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All aye.
ITEM #6: REQUEST TO HOOK UP TO CITY WATER BY HOLY APOSTLES
CATHOLIC CHURCH - SOUTHEAST CORNER OF MERIDIAN ROAD AND
CHINDEN BLVD:
Corrie: Is there a representative from the church here tonight?
Larrea: Yes Mr. Mayor, I'm Jan Larrea, I'm representing Building Committee.
We want to get permission to hook up to United Water, they're about a mile away
from us until a time that Meridian sewer and water becomes available in that area
which I understand may be five to six years. United Water has verbally agreed
that they could service us with the required fire protection and domestic use,~1
mean we have to pay for it but -I understand from Mr. Smith that we had to get
permission because we're in Meridian city impact area to do this so it's not
Meridian city water it's United Water.
Rountree: Do you folks have a time line on the need for this?
Larrea: We'd like to break ground next spring and from discussions with the
water and things it looks like Meridian's a little ways away than - that new well
that's going to be at the corner of Meridian and Ustick but he couldn't guarantee
that we'd have enough water, if we even went the line that direction to maintain
our fire protection standards that's necessary.
Rountree: The reason I ask is that this idea has created some not necessarily
difficulty but not real specific direction in terms of how our impact area relates to
Boise's impact area relates to United Water and our water system and if the
urgency is this evening as opposed to in the spring we might want to contemplate
this a little bit longer if that wouldn't compromise your action.
Larrea: We kind of - you know as soon as possible because we need to make
options you know if this isn't going to work then we're going to have to go - you
know how big of a well are we going to have to drill that's going to pump out 500
gallons a minute for two hours for the sprinkler system you know do we have to
try to look into pondsJ what are we going to do in that situation so we're in the
planning stage but it we be kind of nice to know if we could plan to go this
direction. We understand that when Meridian gets here we'd hook into Meridian I
mean that's not the problem, it's just kind of the when is Meridian going to be
able to get there to us.
Rountree: (Inaudible) indicated that they would be able to provide you enough
water for fire protection as well?
Larrea: Yes, weld have enough for the sprinkler system which is 500 gallons a
minute for two hours and they'd be able to put in a fire hydrant for the 1500
gallons for two hours and like I say they're less than a mile away and they
haven't given us an estimate on costs yet but you know we'd just have to pay for
that line to come into there so I mean this would be a major hurdle if we could go
this route right now and ifd help our planning a lot if we can pursue this.
Rountree: Thank you.
Corrie: Where did the City Engineer go?
Rountree: He left
Corrie: I assume that you have some questions?
Rountree: I have some questions for him. Gary you'd indicated in memo to us
that you wanted to discuss this particular type of issue in a planning session next
week, the applicant has indicated that they're looking at next spring for a start-up
but would like for planning purposes to know fairly soon on whether we can
approve this or not and it seems a bit cloudy at this point as to the kind of action
we can take, have you gotten any more clarification from that in dealing with
United Water or PUC?
Smith: No, I haven't councilman. The only information that I have is what I
generated in a memo to you and to the council and mayor concerning
conversation that I had with Kathy Shifflet from United Water and in particular
relating to a subdivision that's being proposed out there north of McMillan and on
the east side of Locust Grove service to that subdivision but it raised the issue of
service in our area of impact and how it could be handled and I guess there are
several alternatives that are available but I think it's a decision that we need to
make or the City Mayor and Council needs to make policy as to how you want to
proceed in dealing with these I guess you'd call them area of impact fringe areas
that are serviceable by our neighboring city, a utility other than the City of
Meridian. We have two different situations here, one is the City of Meridian is a
municipality the other situation is United Water is governed by the Public Utility
Commission and as such they have what Kathy referred to as a certificated area
of service, that is an area that is allowed by the Public Utility Commission for
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MERIDIAN CITY CO\.JNCIL
MAY 19, 1998
PAGE 11
them to serve with water and in order for them to serve outside of that area then
they need to petition the PUC for an amendment to their certificated area.
Rountree: And that area is the City of Boise's impact area or a larger area
actually.
Smith: I guess right now the area that the church is concerned with, the
certificated area of United Water is the north side of Chinden Boulevard, I'm not
sure where the line is exactly if ifs a center line of Chinden or the north side but
they are providing service to areas along the north side of Chinden and they are
going to be taking ownership and maintenance of the water system at Spur Wing,
at a new development called Fox Tail Acres and there are some other areas
along there, I think Spy Glass is included in that also, they will be taking
ownership and operation of those areas or purchasing those private systems for
ownership and maintenance so their certificated area is going to increase by
those areas and they will need to petition PUC for that change in their
boundaries. Now if they submit an application for change of boundary and PUC
receives a challenge to it then the PUC can request that a public hearing be held
to discuss this challenge. Challenges cannot be made in a - according to Kathy
- in a frivolous manor, they have to have some basis so I guess what it's coming
down to is that it may not be as simple as what was previously done with the last
church in saying they could connect but at the time Meridian came by with their
water they would have to disconnect and connect to Meridian, I think it's more
complicated than that. It's a matter of they're going to serve it or we're going to
serve it and I don't think we both can.
Corrie: Would their approval to service there would that preclude us from
servicing that side of Chinden and our area of impact later?
Smith: Well yes sir I believe that it would because I think that you'd have to
challenge the boundaries that have been approved by the PUC and if they
already have service facilities in that area and they're providing service I don't
think that there's any way that the City could reclaim or claim that as a service
area for the City of Meridian.
Rountree: Just another question, if United Water were to come within our impact
boundaries do they then have to follow our standards for water systems?
Smith: Weill think Councilman Rountree that if it's declared, if the area in which
they're providing service is declared by the PUC as their service are then I would
assume that their standards would govern. Now the other comment that Kathy
Shifflet made to me was - and I asked her based on a comment that she made in
another area was could the City of Meridian purchase water from United Water
for this service area and in turn sell that water back to the people in that area,
she indicated that that was a possibility.
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MERIDIAN CITY CO'LJI'JCIL
MAY 19, 1998
PAGE 12
Rountree: I won't comment.
Corrie: Thafs what was presented earlier to us on another situation correct?
Smith: I did?
Corrie: Yes, on a letter that was on my desk.
Smith: Yes the memo, right, yes sir.
Bentley: Mr. Mayor, I would me more in favor of a motion to table this until we
have some time to go over it through the planning session.
Rountree: I guess for the applicant in that kind of a motion I'd like to have the
date certain so they know that we will make a decision - June 2nd, that soon
enough?
Corrie: Are we going to discuss it before that time?
Rountree: And we can discuss it on the 26th per Gary's request.
Bentley: Okay Mr. Mayor in that case I would motion that we table the request by
Holy Apostles Catholic Church until June 2nd.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree that we table the
request of Holy Apostles Catholic Church until June 2, 1998. Any further
discussion? All those in favor of that motion say aye.
MOTION CARRIED: All aye.
Bentley: Mr. Mayor, point of clarification, we're talking a planning session for
next Tuesday, that is also election night.
Corrie: What time is the election over?
Bentley: 8:00.
Berg: Excuse me, we don't have a conflict, I've checked with Ada County, this is
not a precinct so we can still hold a meeting. Their concern a lot of times is a
precinct meeting facility jointly.
Rountree: Well let's continue on that thought then.
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MERIDIAN CITY CObrJCIL
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PAGE 13
ITEM #7: REQUEST TO HOOK UP TO CITY SEWER AND WATER BY LDS
CHURCH - LOCUST GROVE AND USTICK:
Corrie: Is there a member from the LOS church here tonight?
Bentley: Mr. Mayor, I would move we table this till 6/2/98.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to table this request till
June 2nd meeting, any further discussion?
Rountree: Mr. Mayor, if I could either have Gary or Shari make contact with the
applicant to make sure they're here next time on item #7.
Corrie: Any further discussion?
Anderson: Mr. Mayor, I just had a question for Gary of where our water line was
in that area.
Smith: We're okay to serve this facility, the water line is to the north-west corner
of the Summerfield Subdivision.
Anderson: And we have sewer out there to?
Smith: Yes, we have sewer at that point also. They are not in the city limits.
Anderson: Okay.
Corrie: Any further discussion? Hearing none. All those in favor of the motion
say aye.
MOTION CARRIED: All aye.
ITEM #8: REQUEST FOR FINANCIAL ASSISTANCE BY MERIDIAN SENIOR
CENTER:
Corrie: I will invite Don to come up.
Knox: Mr. Mayor and Councilmen and staff, we from the Meridian Senior Center
have made an application - want to make an application for assistance from you
folks. We have a funny problem that we discovered and in November we made a
decision to have to reduce our employees by two members. Since that time
we've installed a new computer county system and we're running in the black for
the first four months of 1998 and we have reduced our salary expense of
I
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MERIDIAN CITY COGI'JCIL
MAY 19, 1998
PAGE 14
$42,000.00 in 1997 to an estimated $30,000.00 in 1998. The association
treasurer, that's me, I took over the book keeping duties in December and did
them through February 1st then we hired a new book keeper for four hours a day
at minimum wage. At the same time we had to hire a new coordinator and both
are doing a good job for us now. I've attached a copy of the four-month profit
and loss statement, as attachment number one to this proposal and our 1998
budget is attachment two. On that four months profit and loss we showed a
return of thirty-three sixty-one but I also attached as an extra add-in on the back
of that information our profit and loss for April alone which showed a profit of
about $186.00 so our cash flow fluctuates quite a bit so it isn't always
dependable as a constant source of income. Our center was incorporated in
1978 with funds raised by the members and donations from many businesses in
Meridian and is owned by the Senior Association. For many years contributions
and contracts from some county, state and federal agencies have helped keep
us liquid but the federal funds are becoming harder to get and they're slowing
down more and Ida-Ore in Weiser tells us that as we go along they're going to be
decreased more and more so it's going to demand that we get more donations or
grants or contracts or something to keep us going over there. We use a lot of
volunteer help and it's been very dependable but a lot of that has left us short
handed in many cases lacked necessities why we have to hire so many people.
In the last two years we've been forced by Ida-Ore to the federal contractor for
our area here, has forced us to pay two normally paid people by them and that is
the van driver and the janitor and these of course have been training positions for
them and of course occasionally we get to a point where we can't - we have to
get people in and so we had to hire these two people and of course once we hire
them and pay them why then we can't get Ida-Ore to pay these for us. We've
had a problem at our center since the City of Nampa opened this new recreation
center in Nampa and many of our seniors have fallen prey to the new center and
better meals. The senior center of Boise has just recently completely revamped
their center which is in the paper today and our center had a revamp
approximately six years ago when we extended our dining hall, was donated
labor from the CB's and we were stationed at Gowen Field at the time and our
own funding. Our center is really showing a sage and needs some renovating
badly. The latest of those needed renovations with a time element covered is
attached as item #3 and that's just primarily our work plan for 1998 and the
biggest problem we have with it right now is the concrete around the building is
cracking and it's - somebody is going to catch a heel or something and we're
going to be in trouble in a law suit and we can't stand any more raises in
insurance because our insurance now is pretty high for liability and the building
insurance. In order to keep our center operating as (inaudible) we're compelled
to keep (inaudible) employees under payroll, these are at our expense. The
coordinator minimum wage at seven hours a day is $5.15 an hour, the dining
room manager minimum wage at 3 % hours each day Monday through (end of
tape) the book keeper 4 hours a day at minimum wage, the van driver makes
$6.25 an hour and he works 4 hours each day and the janitor is minimum wage
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 15
(
and he works 3 % hours a day and of course they indicated these were the jobs
pay frames by Idaho and Weiser. As I mentioned before that the federal funding
from Ida-Ore is going to come to a screeching halt and we've recently been
working on that re-program put out by the federal government and handled by
Weiser and we've been told by (inaudible) the agency 3 supervisor here that this
has been cancelled now so we've been getting $9455.00 a year for this outreach
program which now will be diminished, we don't have it anymore so that's putting
us into a further cash bind. But the contract as it was written to go out and reach
the outreach program was pretty difficult to get involved because we had to go to
new houses all the time and try to find people - we couldn't take just drop-ins or
call-ins, we had to take people that we actually knocked on their doors and asked
them if they were in need of help from some federal agency. Anyway the funding
they provided for this is very inadequate because we had to stand our own - pay
the salary of this lady and also pay her own mileage and it just got to the point
that in a way it's probably a good thing that they did cancel it because we were
the only agency here in the valley that's been doing it, the other agencies were
not involved in this new outreach program. What our center needs is a
partnership of the City of Meridian to help us operate and offer programs
available to our seniors from the federal, state and county offices. We have
attached two very informative handouts used by our coordinator when she calls
on meals on wheels and many other contacts she makes daily. The handouts
are used to let contacts know who we are and what we are trying to do and what
we are trying to do and what we hope to accomplish for them for their benefits.
The request we make of the City of Meridian is $30,000.00 to be paid in quarterly
payments during the next fiscal year and by paying off that way if it's possible to
help us then you don't give us one lump sum and then depend on us to handle it
right, you give us each quarter and then we tell you how we've paid it, how we've
handled it. The City of Meridian would have the option to inspect our books any
time at their discretion and may want a member of the City Council to sit on our
board. We would supply monthly or quarterly statements detailing how the funds
were spent and would encourage your counseling as you see fit. Again, we are
trying to help the Meridian seniors and feel that we have a definite need in the
community here and we're really trying to fill that but this new book keeping
system we put on last December is (inaudible) maybe some of you are familiar
with that, it's for small businesses and it gives us a print out of almost anything
we want at just a push of a button on a computer and we're getting the new book
keeper pretty well trained at that and it's a very good program. Our bylaws are
written so that we can turn our center over to the City of Meridian at any time
upon approval of our voting members if that ever becomes a point that we
couldn't run it, had to close or something, the city would want to take it over we
could just turn it over to you. If you would consider such a proposal we would be
happy to discuss the details, of course we'd have to get the voting members of
the center to approve this before we could do this. We are always welcome to
constructive comments and of course we like an interchange with anybody
anytime, if we can learn something we want to do that. In these handouts we
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MERIDIAN CITY CO'LJI'JCIL
MAY 19, 1998
PAGE 16
have here, (inaudible) they'll basically what we do at our center and that's just put
in there so you can look it over at your convenience, tells who we are and what
we do then (inaudible) attachment five details the meal side, meals on wheels,
meal side is a congregate meal but the seniors sixty and over can go in and get a
meal for $2.50 and it is a donation if they canlt afford to pay then of course they
just sign the roster and they donlt have to pay and I'm sure there are quite a few
there that do that, of course we have three meals on wheels routes that are
driven by our seniors, they donate their vehicle, their gas and in some cases the
state does pay some of them but the newer ones the state isnlt paying them for
mileage but they still furnish the time and their vehicles deliver meals on wheels.
We have a transportation van available all the time now, itls a new van last year
supplied to us by Ada County, itls a 1997 Ford and we take them grocery
shopping and doctor appointments and various other places they want to go and
sometimes we have trips within 150 miles of Meridian that we take them on. We
have all kinds of activities there, card games, crafts, parties, painting classes,
quilting, all types of things, billiards, exercise classes, of course you've seen the
ads in the paper about the quilting we took down to Wal-Mart, we got close to a
thousand dollars out of that quilt, it's a beautiful quilt and those ladies down there
love to do stuff like that, this one galls ninety, elaa Cooper, she just lives there for
that center and doing quilting, ifs a shame to see people like that and know that
that's a way of life for them and that they depend on it. We invite speakers to
come out and talk to us anytime they want to, programs, we had the Sheriffs
Department over a while back giving us information we refer to legal aid services,
tax aid, supporting groups, home care services, anything that they need we have
the contacts there we can make for all the seniors and of course the outreach
program thatls going to be by the wayside as we know it now where we have to
go out and knock on doors and try to find people that need help without coming
to us initially and of course we have all kinds of volunteers and then we have the
cash bingo every Friday night and that makes about a thousand dollars a month
for us the bingo alone, thank God we got bingo. Started by a man right back
here in 1993 but is there any questions I can answer or anything I can add? One
other thing I might mention, I found a balance sheet for 1995, December 31S\
and we had in the bank $50,000.00, that's in a building fund in the Transportation
Outreach Fund, in our Maintenance and Operations Fund and in December of
1996 in was down to $48,000.00 down $10,394.00 in December 31,1997 we
were down to $32,000.00 that is total cash reserves, that includes about a
$17,000.00 building fund which we keep because we have five old air
conditioners and furnaces there and we have to have something available
because those could go down and cost five, six, seven thousand dollars anytime
and we've had the building twenty years and we know they were there when we
took it over from the church and so we have a lot of expense in motors and stuff
like that every year with it but we have to keep something there as kind of a -
something we can't use for operations so in the last two years we've lost
$25,000.00, $25,775.00 in the last two years and we just hate to get down to a
point where we have to close down because we don't have the money, in fact we
/"
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 17
won't do that, if we find we can't pay our bills we'll take what we've got left and
pay our bills and just close it up if we have to because we're not going to leave
anybody holding the bag for anything. But I've always been taught that in doing
business and I've been in business fifty years that you always go ask for help
before you really need it instead of getting right down to a point where you have
to have money to pay a bill and you've got to go beg a bank or somebody for
money, you better keep enough money to pay your bills and then close it down if
you have to but we hope we never get to that, we just hope we can keep going
and meet our obligations and get more things coming in but of course now that
we have the new computer system we can turn out profit and losses, balance
sheets, anything that you want almost, now we can go ahead and ask for grants,
before this we didn't have the accounting available to us and so we couldn't
prove that we needed it and why we needed it and what we were doing with it
and so forth so it's on the computer now and we can do it almost daily if you want
a report on us, it's that good a program and I'm really sold on it.
Rountree: Mr. Mayor, I had a couple questions, how many folks do you serve on
a weekly basis?
Knox: We serve about ninety people a day, it'll vary, sometimes we'll have sixty
there sometimes we'll have 140 there, it'll vary but the year around average is
about ninety people a day, five days a week.
Rountree: And they're all right here in Meridian?
Knox: They're mostly all here in Meridian but anybody in Ada County can come
to the center.
Rountree: That's part of the Outreach Program?
Knox: That's part of the Outreach Program right. But our budget as you'll notice
there is $16,000.00 and we have the contracts - had the contracts that we were
receiving $30,000.00 from and of course you take that ninety-four fifty-five out of
that thing so we're looking for about - well we need to watch real close for about
$47,000.00 to make sure we keep things going this year.
Rountree: You mentioned now that you have an accounting system of
magnitude that allows you to request grants, are those really available and if so
are they matching and is that something the City could explore in terms of
matching, leveraging federal dollars or state dollars?
Knox: It is but the thing I've noticed is it's hard to find grants to give you working
capital, they want to give you a grant for like putting in the concrete or painting
the building or repairs and stuff like that but I guess they want to make sure that if
they're going to give somebody something they want to know what it's going to
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MERIDIAN CITY CO'uI'JCIL
MAY 19, 1998
PAGE 18
be used for and of course working cap is too easy to get rid of without accounting
for it so I guess that's why we're coming to the City, you're our closest neighbor
and we ask for help to keep this thing worked out and going.
Rountree: And the primary agency that you work with in terms of grants and
cash available is Ida-Ore?
Knox: Ida-Ore is a federal contractor in Weiser and they control the area agent
three here in Boise which we work with on a lot of these programs and Lois
Bower is one of the supervisors down there if you want to call her and talk to her
about us why -
Rountree: And she's in Weiser?
Knox: No she's here in Boise.
Rountree: She's in Boise. Is the county involved at all in that?
Knox: The county gives us $5,800.00 a year, thafs paid out quarterly just like
we're asking you folks to do and we have to make application for this money
each quarter to get it, if we don't make the application we don't get it, I guess
they assume we don't need it but of course we always try to keep that coming in
because we do need the funds. We lease our facilities down there, the kitchen
and the dining room to the state and we get $1,275.00 a month for that which is
fifteen thousand thirty three hundred dollars a year, that goes into the $30,000.00
total here I said we got from State of Idaho, Ada County and Ida-Ore but the
$9,400.00 will be dropped off now so we're looking at about $21,000.00 that we'll
have coming in from contracts at this point.
Corrie: So I did hear you correctly that the coordinator at $9,000.00 is being
stopped and that's because of the Outreach Program that you can't do it or -
Knox: Well it's not so much that we can't get it done, Lois Bower came out
Friday and told me that Ellen Grouchy runs the Ida-Ore in Weiser said that this
program is going to be stopped and that's all we heard about it so she says to tell
you folks that we - she was almost positive that was going to be stopped and of
course the $9,455.00 we backed into that for the coordinator's wages and so she
makes minimum wage, $5.15 and hour for seven hours a day, five days a week.
Rountree: Is that the kind of thing that you have to put up with in terms of some
of these grants that all of a sudden ifs gone, they don't give you any planning
time or a budget cycle or -
Knox: The only one that's happened has been the federal funding from Ida-Ore,
the county they've been there solid now for two or three years and of course the
state released those facilities there and of course they prepare meals there for
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MERIDIAN CITY COlJNCIL
MAY 19, 1998
PAGE 19
(
probably every senior center in the valley here except Boise downtown, they're
shipped out of here to the other centers in a heated container and they serve that
to the people at the other centers so this center here is pretty active and pretty
important as far as an outlet for things like that.
Rountree: And that's - what's the state agency that's involved? Is that DEQ or
Health and Welfare or -
Corrie: Central Health District or what?
Knox: Yeah, Central Health District, I can find out exactly and let you know
tomorrow. Central District Health but we get the check directly from the State of
Idaho and of course Ada County we get that from the Commissioners.
Corrie: And Don you said that $15,330.00 includes the $5,800.00 from the
county, it's in that or is that in -
Knox: The $15,300.00 is State of Idaho, Ada County is $5,800.00 which would
be $21,100.00 and then of course the $9,455.00 as far as we know now that is
gone.
Anderson: So your annual budget is right around $30,000.00?
Knox: Our annual budget is $68,000.00 -
Anderson: The outside help is $30,000.00?
Knox: The outside help right now is $30,555.00 but of course if we lose the Ida-
Ore thing why then wefra getting help for $21,100.00.
Anderson: And you're requesting from the City of Meridian $30,000.00 a year?
Knox: $30,000.00 right. And of course if we ever get to a point where we don't
think we need it and you can see by our books that we don't need it why then of
course we would say that we shouldn't take it, we want to be that fair with you.
That's why we offered to let you see our books and anything you want to do. Do
you have an accountant that works for the City that we could show these things
to if they want to?
Corrie: We will. When was the last time you had your books audited by a firm?
Knox: It's probably been about four years but we have rentals here in Meridian,
he g.ives us a printout, we usually get it in August, of all the books -- we take the
books all over to him at the end of the year and he makes our 990 report out for
the Federal Government for non-profit and then he gives us a breakdown,
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 20
balance sheet and so forth and that's where I got some of these figures here and
then this year we're using a new accountant here in Meridian called Kathy Roma,
I don't think she's been here too long but we got word of her through Score,
through SPA, as a volunteer she's been doing this for us for free and because we
needed the help and I knew some of the fellows at Score, it's strictly a volunteer
group that helps people in business and works on small business administration.
Anderson: And do you know how the other cities like Nampa and Boise are
funding the senior program?
Knox: I'm not real sure but the City is involved some way in Nampa and the City
is involved in Boise also but for the particulars I wouldn't even dare guess on it.
Bentley: Mr. Mayor, I think what I would like to see is us to get together with -
have a meeting with the Senior Citizen's Board and maybe we make a list of
information that they may have like past audits and these yearly figures that
they're putting together so we can sit down outside of the chambers here and go
over the stuff with them and take a look and see if there's something we can do
with the legal ramifications and the legal grounds that we have to follow and
maybe get some input on how the other cities are helping their senior centers.
Knox: But we've got our operation squeezed down money wise about as tight as
we can get it now, this happened the first of December when we took over and
it's really tight and we won't spend a dime this week and see where it really has
to be spent. Of course we get bills from our insurance company for $2400.00 for
our facility over there for liabilities and that's down $300.00 since you got us that
$52,000.00 for that sprinkler system, used to be three thousand - three hundred
dollars more than that and then our van insurance alone is $1907.00 a year and
that is paid through a group of five centers where it's handled by the
Commissioners someway that we just pay our fifth on it so we've got things
squee,zed down about as tight as we can get it but if you can show us a way to
(inaudible) I mean we'd love to talk to you.
Corrie: I think there's some questions that I'm sure the council has and I too - I
guess I'd like to talk to Nampa and Boise and what their involvement is in their
senior citizens - Mr. Rountree?
Rountree: I had a question on your budget cycle. It looks like you operate on a
calendar year which is different than everybody else in the world so - we work on
a October to September cycle in our budget cycle and I think this is a good time
for you to come in with a request, we'll be looking at-
Knox: Yeah, we've been in touch with Bob a couple of times and he told us when
to come in and everything but here's a balance sheet here that we have which
shows how we set at the end of April 1998, this is a non-officiated balance sheet
/
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MERIDIAN CITY COLJI'JCIL
MAY 19, 1998
PAGE 21
and (inaudible - away from microphone) this is something that I wouldn't
particularly want to put out right now, well I guess you can have it if you want it
(inaudible)
Bentley: And I think if it's something we need and if we put this meeting together
you know we can request other information.
Knox: Right, anything you want to know.
Anderson: I kind of liked Glenn's idea, I'd like to set up a meeting and maybe
tour through the senior center and have you kind of show us through some of
those problem areas and look at it first hand and see what we can do to help.
Rountree: It's a great place to eat, especially in the summer when all the fresh
vegetable show up it's really great.
Corrie: There are there moments too, I've been there.
Knox: Yeah right but for some reason our meals aren't quite of the same caliber
that Nampa has and we can't quite figure out why, what they're funding is
different than ours although I know ifs different in some way because Health and
Welfare handles ours and of course (inaudible) put together with a dietician is
good food but we don't have the desserts and stuff like that Nampa has and we
get a few comments from the seniors that would like to have a few more salads
and stuff like that and maybe just anything that would add to the meal a little bit
but the meals are good over there I'm not going to run those down for a minute.
Rountree: Well that's something we can look into, why are there differences?
Knox: But we'd love to have you come over, do you want to set the time then or
Anderson: Mr. Bentley I'd leave that up to you, there was some other information
that you wanted to get gathered up and I think if we go over there prepared that
they know what information that we need that we can move on it from there.
Corrie: Okay maybe we can do it the first part of June.
Knox: Okay, sounds wonderful.
Corrie: And that will give us time between now and the first week or so of June.
Knox: Okay I'll keep in touch with you Bob and see what we can do then. Listen
thank you very much.
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MERIDIAN CITY COuNCIL
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PAGE 22
ITEM #9: DISCUSSION BY ELAINE ESTACIO REGARDING R-4 ZONING
ORDINANCE AND IN HOME DA YCARE:
Corrie: I don't believe she's here tonight.
(Inaudible - away from microphone)
Corrie: Well yeah she has got a - she was with the Planning and Zoning and
has a daycare for one to six children and I think they approved that is that
correct?
Berg: No, she's before the Planning and Zoning with an accessory use
application for I think it's five children and the P & Z at this point is at Findings of
Fact and Conclusions of Law for the next meeting.
Bentley: Well if that's the case this shouldn't even be here.
Corrie: Well the only reason this is here, she came in and talked to me and she
said she wanted to plead her case for having six to twelve children in a zone R-4,
I explained to her that she had three options the way they - right now is - the
council could change the whole zone to something else or they could change the
ordinance if they wished or she could move, it sounds rough but that's the three
options and so -
Berg: Two of those options have to go through the Planning and Zoning stage
first.
Bentley: Which is my point that this doesn't belong here because I'm not about
to act on something that they still have before them and so -
Corrie: That's what I told her.
Rountree: Actually she's asking for June 2nd anyway but we still won't see
anything from -
Corrie: What's it on the calendar for now for?
Berg: At the Planning and Zoning meeting she wanted and referred to her public
hearing as meeting next week and this is the next week so - she will not have
should I say the item to you until June.
Corrie: She just wants to discuss it I guess.
Bentley: My point is I'm not even willing to discuss it until it's through P & Z, I
don't feel we should be jumping ahead of their time line order.
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MERIDIAN CITY CQ'uI'JCIL
MAY 19, 1998
PAGE 23
Berg: This discussion though is she wants the ordinance changed and it doesn't
have anything to do with her application of just meeting the five children for an
accessory use, if you under - her application isn't quite the same.
Bentley: I understand what you're saying but my feeling still is it's in P & Z even
though it's still going to go back and address her issue it's before P & Z and I
donlt want to discuss it at this time.
Rountree: Boy you're grumpy.
Bentley: That's what the wife said too.
Corrie: What is happening here, I don't know whether you're understanding it or
not but what she has before the Planning & Zoning has nothing to do with this so
what you're saying here is let her go ahead and go through the Planning and
Zoning and then after that is done she can - do you still want to hear her plight?
She can only go to the Council, she can't go to Planning & Zoning on it, she has
to go to the Council after this is taken up with the Planning and Zoning then is
that correct what I'm hearing?
Bird: Well no, I see what you're -
Rountree: I understand what you're saying, she has a completely different issue
and one issue is the ordinance and one issue is her application, if she wants to
bring up her application to us no, if she wants to bring up the ordinance to us she
can bring it up for discussion.
Corrie: That's what she was wanting to do so -
Rountree: She wants to do that on the 2nd it appears.
Bird: Mr. Mayor, I make a motion that we table this until June 2nd.
Rountree: Second.
Corrie: Motion made by Mr. Bird second by Mr. Rountree to table this discussion
until June 2nd, any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #10: NON-DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION
NO.3 BY HON, HON AND NORRIS:
Corrie: Counselor have you gone over this non-development agreement?
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MERIDIAN CITY COLJNCIL
MAY 19, 1998
PAGE 24
Crookston: Yes I have and I think it is fine I would just like to see the signature
page and the notaries changed so that you have all the Mayor and the City Clerk
sign on the same page as the developer then you have the notaries, that's my
only comment, the agreement itself is fine.
Corrie: Okay, further questions from Council? I've heard the recommendations
of the City Attorney, Council are there any feelings on the non-development
agreement?
Rountree: We haven't heard from you tonight Mr. Bird.
Bird: Mr. Mayor, I make a motion that we pass this non-development agreement
for Honor Park Subdivision No.3 by Hon, Hon and Norris with the amendment on
the signing pages of having the Hon, Hon and Norris sign on the same pages as
the City Clerk and Mayor.
Anderson: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Anderson to accept the non-
development agreement with the understanding that the signatures will be on
one page between Hon, Hon and Norris and City Clerk and the Mayor. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #11: MARCH FOR PARKS INFORMATION BY TAMMY DE WEERD:
Corrie: You didn't miss it by too much Tammy, just about fifteen minutes.
De Weerd: Mr. Mayor, City Councilmen, I'm going to present our numbers to you
tonight. Some of the checks have still not all arrived so again we are still a little
bit tentative but to date we have $8115.50, bills have been $212.38 which leaves
us a balance of $7903.00, then we have a check to present to you tonight by the
Treasure Valley Volks Sport Club, they also collect donations during the march
and they have a check here for $50.00 and I have another check for $10.00
which gives us - we also have outstanding sponsors at $1,055.00 so we should
have a balance of over $9,000.00 that does include the $250.00 award that we
received last fall for best event in the nation. If you add that to the donations or
the revenue balance left over from last year we have about $15,500.00 to put
towards playground equipment. Now I understand that $5,000.00 has been
matched by the City, we would like to see this amount$9,OOO.OO matched again
by the City this year, I think that that would indeed give us some very good top
quality playground equipment for Tully Park and that was the goal. We had in
kind donations of over $8,000.00 so that brings us to a total this year of over
$17,000.00. Now we did evaluations this year at the conclusion of our walk, the
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MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 25
primary reason people stated the top three were to support the parks, more
parks, and just to have fun. We did request what we should do differently next
year, the top three were nothing, I guess that means they liked it like it was, there
were comments on brighter signs and more publicity. Publicity we received a lot
this year, the Idaho Statesman gave us a couple of ads, Valley News ran six
different ads, we had all three television stations out and we did the morning
show with Larry Gebert and so we did have a lot of exposure but again we can
always do it bigger and better next year. We hope to get a lot of the athletic
clubs involved, our target next year is for athletic fields and so we do think that
we'll get Optimist Football, Little League, PAL, and perhaps CYSA's involvement
so that perhaps we can reach out and get the information out to a lot more kids
and parents. The majority found out through friends and family, the second one
was clubs and organizations, the Girl Scouts again really came through,
hopefully next year we'll get the Boy Scouts involvement, 4-H and PAL, those
were the top three clubs. We had asked for volunteers, we gained thirteen
volunteers for next years event and three of those members would like to serve
on our Planning Committee and so I see that as a great positive. The
demographics most of our walkers who are between the age of one and ten and
forty-one and fifty-nine and all but 10% of them were women, you men need to
do a better job.
Rountree: We cooked.
De Weerd: Okay, well there was four. Our top fund raisers raised over
$1,100.00 out of that total so our top fund raisers did do a portion of our fund
raising. Our largest organized group was the Silver Sage Girlscout Group, our
top fund raising school was Chaparral and our top team happened to be the
Parks and Recreation Commission so we did donate last years tee-shirts to
Hope House, the remaining food that we had this year went to The Mission down
in Boise and we did have a great deal of free mini pizza coupons left over and we
handed those over to the K-kids through the Kiwanis Club so I think over all our
March for Parks has not only helped our park system it's reached out into the
community and that's kind of what our goal has been so do you have any
questions?
Rountree: Great jobl
Bird: Very good job Tammy!
Bentley: Tell all you people wonderful!
Bird: We appreciate it!
De Weerd: Well thanks, I expect to see your thanks in ttl~ budget this year
where you match our money, how's that Tom, prime rib lunch?
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MERIDIAN CITY COuNCIL
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PAGE 26
Bird: You are joking aren't you?
De Weerd: No, I'm not.
Rountree: There's another prime rib lunch for you Tom.
Bird: Do we need to get a red pencil for you too?
De Weerd: Only if you want money again next year.
Corrie: Okay, thank you Tammy, that was a very good report.
De Weerd: Thank you.
Corrie: I think I heard somewhere in there about a match for the City?
Bird: Yeah.
Rountree: Well we did that last year.
ITEM #12: DEPARTMENT REPORTS:
Corrie: Mr. Smith?
Smith: Thank you Mayor and Council, two items one has to do with Tully Park,
do you have copies of the change order request? Okay, I think they're pretty self
explanatory in terms of what they are for and the amounts I've highlighted in
yellow so that you can see the increase or decrease, just for the record change
order number one consists of some miscellaneous things, deletion of bike rack,
trash can enclosure, added some pvc pipe, irrigation line, an irrigation ditch was
deleted, the net amount on change order number one is a decrease in the
contract by $8,911.02. Change order number two concerns fence changes,
there's a deletion of some four foot fence, 533 feet of four foot fence added 354
feet of eight foot chain link fence and deleted 146 feet of six feet fence, the net
change was an increase to the contract of $441.50. Change order number three
is miscellaneous items, deleted remainder of the basketball courts which was
about 850/0 of the cost bid, excavation was done at 150/0 of the cost, changed the
parking lot valley gutters from four-foot wide to three-foot wide, deleted 654-feet
of vertical parking lot curbing and then we had a change of the sidewalk at Linder
Road .where it was detached from the curb and gutter to miss the power pole line,
the net change in the contract amount for change order number three is a
decrease of $14,999.20. Change order number four has to do with the restroom
maintenance building, ventilation exhaust was moved inside the building, we
added headers to some jack trusses to support an exterior partition, rest rooms
door frames were switched concerning the panic hardware and the fact that the
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MERIDIAN CITY COLJt\JCIL
MAY 19, 1998
PAGE 27
doors were opening inward instead of outward so they had to be switched around
and it was a minor change and they changed the exterior coating from paint to
just a plain sealer, a clear sealer so the block maintained it's natural color, net
change to this contract - to the contract for change order number four is an
increase of $1,516.42. Do you have any questions on any of those four?
Corrie: Tell me again why we deleted the basketball courts for $15,000.00.
Smith: Well at the time we were - I guess there was really - I think there was
two things that came into play on this, one was location, the proximity to the
residential houses adjacent to the park, the other thing is that we were scurrying
for funds because of the pump station that we were going to have to fund the
total cost of since Turtle Creek Subdivision was going down for the count which
meant we were funding 1000/0 of the that pump station which was about a
$50,000.00 bill we're estimating in lieu of 300/0.
Bird: The basketball courts will be in there.
Corrie: At a later date then?
Rountree: Well we're not sure about that, it might be coincident-
Bird: It won't be in this contract.
Rountree: It won't be in the contract.
Corrie: Okay.
Smith: Any other questions I can answer?
Bentley: Yes, I have a question not specifically on this but I had talked with Tom
about getting the rocks out of the top soil before they seed, has that been taken
care of?
Smith: I don't know anything about that subject,
Kuntz: It's in the bid that the soil will be cleaned up enough for planting and I've
addressed it with Brad and he is comfortable it wilt happen but we're going to
keep tabs on it too.
Bentley: Okay, thank you.
Corrie: Any further questions? Mr. Bird?
Bird: I move that we approve these change orders for Tully Park, for the Mayor
to sign.
,-
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MERIDIAN CITY COGI'JCIL
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PAGE 28
Anderson: Second.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the change
orders and to have the Mayor sign and the City Clerk to attest to this, any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Smith: Thank you Mayor and Council. Second item I have is a change order on
well #19. This is the well that's drilled in the Englewood Creek Subdivision west
of Ten Mile Road on the south side of Ustick Road. These are adjustments to
the bid items that were bid by Riverside Incorporated, the driller of the well, they
are final items to make adjustments for quantities of material actually used in the
construction of the well as opposed to the bid amounts. The change order, this is
the first and the only change order for the well, it amounts to an increase in the
contract price of $3,057.50 bringing the total contract to $107,375.00.
Bird: Mr. Mayor, question before I make the motion. Gary how deep do they
have to go do you know?
Smith: I'm having trouble recalling the number Councilman Bird but I think it's
around 700 feet.
Bird: Mr. Mayor, I make a motion that we approve this change order number one
for the drilling of supply well #19 and for the Mayor to sign and the Clerk to attest.
Anderson: I'll second it.
Corrie: Motion made by Mr. Bird second by Mr. Anderson that we approve the
contract change order number one for the drilling of supply well #19 in the
amount of $3,057.50 for a contract price of $107,375.00, any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Smith: Thank you Mayor and Council. One other item I might mention just for
your information when we - after drilling the well and developing the well it flows
with an artesian flow of 1200 gallons a minute and we're still six-foot ahead
above the ground at that flow rate so we've got a tremendously large well,
excellent production well. Thank you.
Corrie: Okay since there wasn't anything else put on the department reports wetll
go right to the Chief, Fire Department, Kenny, I thought lid wake somebody up
over there.
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MERIDIAN CITY CO'lJt\JCIL
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PAGE 29
Bowers: Good evening Mayor and Council, I don't know if you know Steve Bravo
I'm sure you have, we've met with him before I see him poking in at the last
minute my Rural Commissioner, what I wanted to do was thank you all for
supporting our open house at the fire station, we went through a lot of hot dogs
this year, we were able to put the public into our turnout year this year and had
them do some extricating on the cars, they ran them tools themselves, broke
some windows, pulled some doors off, they really enjoyed that, we did alright
until the baseball team was over with, they had to come by then, Will did and
bring all of them by and eat all of the hot dogs so we didn't have very many left
but I appreciate all of the support you guys gave us. One thing I do need to bring
up is a safety issue and I kind of need a little guidance from you guys, as you
know Pine Street and East First and Pine and Meridian is putting lights up, they
will take away the stop signs, 650k of our calls is going north on Meridian Road,
we're going to be going through this intersection which has a couple real bad
blind spots in it, I believe even with the help of Meridian P.O. I think this road's
going to be a little faster now that it's going to be straight through with the stop
lights in it. My safety concern is I have money in my budget to put opti-com on
the arms and what that opti-com is it turns the light green for the fire trucks, it
turns the other three intersections red. My concern was is if we would go ahead
and do this project it will cost us $9,000.00 to do this project for both
intersections, will the City Council and Mayor fund the $9,000.00 without having
to go to the rural since the rural has a money situation at this time. This is the
budget line item that Councilman Ron Anderson, Steve Bravo and myself set
down earlier this year saying that we would not tap into the rural portion of it if we
could get away from it but I believe this is going to be a safety issue for us getting
into that intersection and for the public and I wanted to have a little guidance from
the Council to see if we could go ahead and do this, at this time it would save us
if possible if we could do it now it'd save us around $600.00 to $1,000.00 of labor
if we do it at this time.
Bentley: This is one thing that Kenny if you recall when we were sitting at the
joint budget meetings with the rural that I brought up that I was really concerned
that the after market of cost of going back and doing this later, I would definitely
support putting this in right now. I'm with you I think it's a waste of time and the
risk factor is too high to sit back and wait on this.
Bower: I did not get to talk to Councilman Ron Anderson on this until just a few
minutes ago so he's not up to speed on this either but I appreciate if we could do
something like that, we do have $15,000.00 in that budget for the City side so
we're not going out of the budget line but I just wanted to make sure and keep it
in front of you guys of what we would like to do.
Bird: Mr. Mayor, we don't have to have a motion on that then if it's within the
budget, I concur with Glenn, Kenny I think it's cheaper to put it up now while
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MAY 19, 1998
PAGE 30
they're doing it, I think it's a very important safety issue and we're going to have
to pay for it one way or the other.
Anderson: I'd just like to say that I think this is something that doesn't need
Council approval and Kenny's just asking for a little guidance here but I think if
we can save (end of tape)
Rountree: -- see that the benefit is dialed into the City and I don't think that in my
mind you even have to differentiate the rural and the city in this thing, just get it in
and the city will benefit significantly and the rural will benefit as well but that's in
the side.
Bowers: Does the City want to pay for it all at this time and possibly build the
rural back later or do we just want just the City do it -
Rountree: My feeling is we just pay for it and get it done.
Bird: This is something we can work out at a later date -
Rountree: If things work out at a future date and there's some lights or signals
put out in the county in the rural's area maybe they can pick up the tab on those
but let's not worry about it right now.
Bentley: Or maype Steve would like to come down and cook us breakfast or
something.
Bowers: That's all at this time unless Steve has anything. Thank you guys.
Bird: Thank you Kenny.
Corrie: Kenny and I talked about this early this morning and I agree with you
guys, we wreck up one fire truck we've got that much there.
Bird: You injure just one person badly in that and itls not worth it.
Corrie: Mr. Tom Cruise.
Bird: Tom Terrific get up here.
Corrie: I like to say that in a bid crowd of - audience of women, they all turn and
look.
Bird: Do we need our red pencils?
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MAY 19, 1998
PAGE 31
Kuntz: Not yet, not after Tammy lended her support to our budget. Mayor and
City Council just a couple of items, one is you should have all received in your
mailbox an invitation to our little barbecue this Friday from 11 :30 to 1 :30, very
informal, you're welcome to just come and stop by and eat. Keith you didn't get
one?
Bird: I'm serious.
Kuntz: I'm sorry about that.
Rountree: Would you go for me, I'm not going to be able to get there.
Kuntz: It's 11 :30 to 1 :30, we'll be serving sausage and hamburgers.
Bentley: RSVP I can't make it, I'll be in Coeur d' Alene.
Kuntz: Okay.
Bird: Is it RSVP?
Kuntz: Yes, by Wednesday. Item #2, at the beginning of the summer program
setup process we were a little concerned about possible funding for scholarships
and the Meridian Athletic Association stepped forward and offered to help out if
there were individuals who needed help funding for recreation programs. At last
nights Parks & Recreation Commission meeting I brought before them a new
program entitled "Care Enough to Share" and I have a little handout that I would
like to leave with you and I would like to move forward and try and implement this
program. The top page is a letter that would be sent out to businesses so that it
would - all the businesses would have an opportunity to participate and on the
second page is a form that the applicant who wanted to get some financial
assistance would apply for.
Bird: Have you had any applicants come in yet Tom?
Kuntz: We've had two phone calls, one was from a family of eight -
Rountree: I have one.
Kuntz: So at this point we haven't had many, one we haven't advertised it except
for the what we call our summer recreation program which is a daily activity and
we put a scholarships were available so we've had a couple of phone calls.
Bird: You say a limit of four to a family.
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MERIDIAN CITY COuNCIL
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PAGE 32
Kuntz: That was a recommendation from the Parks and Recreation Commission
last night what they recommended was that we go with the 500/0 funding so that
it's not a total freebie that there is some money invested from the participant's
side and that we put a limit on four per family.
Bird: I don't concur with that, if they can prove they can't afford it I think that we
have to some how or the other pick it up, I mean we can't hurt the kids because
they don't have the financial means regardless of how we do it.
Kuntz: And I think that the Parks and Recreation Commission approach to this is
let's do a run through this summer since we're not really advertising it, see how
things go, bring it back to us next year and give us a report and let us know how
the thing flew.
Bird: But if we keep because of finances of not getting to participate I'm not
happy.
Rountree: Weill don't think anybody is Keith but the discussion centered around
how do you put limits on abuse, how do you put limIts on the family request or
eight children request-
Bird: The Optimist Club does it Charlie, I mean they have a deal that you go in
there and ask for a scholarship you've got to prove that you're not capable and
we give it to them, I mean we do the pads, everything for them through the
Optimist Program. I think you have to have a screening committee Charlie and
that's got to be Tom, Dave, whoever's running the program. Sure I don't want to
be taken but by the same token I don't want to see any family - because usually
it's a family with a lot of kids that don't have the finances to do it and then I don't
want to be paying for babysitting charges either so I just hope we don't have any
children not involved.
Rountree: There was considerable discussion amongst the Commission last
night and lots of good ideas were thrown out, the bottom line was that it's late, we
don't have a whole lot of time to craft a program. Tom had presented this to the
group, the group said well given the timing take a look at this with that addition
and that was added last evening about the limit as a trial for the year and work
the bugs out next year in terms of a formal program. It wasn't advertised
however in the brochure it did indicate that scholarships were going to be
available. Tom also indicated to the Commission that Meridian Athletic
Association had indicated that they would be willing to sponsor as well so I don't
think we're going to miss anybody this year and I think your point is well taken but
it's something the Commission would like to have more input on and maybe craft
something to bring back to us for next year.
Bird: I think the Commission needs to have a lot of input on this, I think we need
to use that Commission very heavily.
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MERIDIAN CITY COul~CIL
MAY 19, 1998
PAGE 33
Rountree: And it was new to the Commission last evening as well, I had not
seen it but I thought it was a pretty good discussion that went on and there were
some good ideas about whether you do it 1000/0 or just require registration fees
or limit or don't limit or limit the number of activities the kids could participate in or
maybe limit the total dollar amount that might go to a family, I mean there's a lot
of options, we don't have the answers at this point.
Berg: I just have a question about advertising and what are you referring to as
you didn't advertise it this year so what are you going to advertise next year or
how are you going to advertise?
Kuntz: It wasn't advertised in the summer program guide and it would be
included in there next year. There would be a page dedicated to the "Care
Enough to Share" program, half the page would be requesting anyone who was
interested in donating to the program and the second half of the page would be
for applicants to apply for the funds and that would be included in the summer
brochure which all of you should have got a couple of weeks ago.
Bird: Yeah, very nice program too.
Kuntz: Thanks.
Corrie: Okay, so are you asking for-
Kuntz: I just need some direction because we would like to move ahead with
this.
Rountree: Mr. Mayor, I would make a motion that for this year we advance the
"Care Enough to Share" sponsorship or scholarship program for the summer rec.
program as presented by Mr. Kuntz and that we request that the Parks and
Recreation Commission evaluate this program and make suggested changes
and bring them before the Council before next year's summer rec. program.
Bird: Second it.
Corrie: Motion's been made by Mr. Rountree and second by Mr. Bird to have the
Parks and Recreation Department go ahead with the program. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Kuntz: Thank you. Just some points of information, we've had two groups
approach us with Paint the Town projects, both of them are at the old
schoolhouse at Pine Street. One group is going to paint the schoolhouse and the
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MERIDIAN CITY COlJl~CIL
MAY 19, 1998
PAGE 34
other group is going to paint the fence so that'll be done for the June 13th Paint
the Town projects that we're kind of coordinating. We'll provide the paint, the
primer and the brushes and so it's a good project, we're looking forward to the
completion of that. Just wanted to let you know that we are working on a tree
donation policy that we'll be bringing to you, I had an individual call who had a
friend pass away and the group wanted to donate three trees and have a little
plaque made up, we feel like we're getting enough of these requests where we
want to have something down in writing to be able to deal with the situations
consistently so we will be asking Boise and Nampa and Caldwell if they have
such a program and we'll be pulling that together and then presenting it to you for
your approval. Last two things, our staff has expressed a concern about
fireworks in Storey Park, not the ones provided by the professionals but the ones
with the families that come into Storey Park, get out the safe and sane bottle
rockets and are shooting them at their neighbors in the park and really we had
two concerns, one was the amount of clean-up that has to be done the next day
and the other is the safety issue. The Parks and Recreation Commission
addressed this issue last night felt like that if we could maybe get some service
groups to come in the next day and help us with the clean-up would be
appropriate which I think was an excellent idea and then post some signs as far
as releasing us, explaining that fireworks are not approved in this area and talk to
our insurance company and see what we need to put on the signs so that we can
minimize the liability, I don't know if that paraphrases it or not Charlie but --
Rountree: Yeah, the point was made that we post the park, knowing full well we
can't control them but at least post it in such a manor as that we definitely say no
non-approved fireworks at - whatever it is, the safe and sane, probably need to
work with Kenny as far as a code citation for those signs but to definitely say that
those are prohibited so we don't get into a potential liability situation and the
other point was to get with ICRMP and make sure that whatever it is we do helps
in any tort situation that might come out, I mean we don't to exacerbate a
situation by having a dumb sign out there but -
Bird: ICRMP's probably got the sign -
Rountree: They probably have the language -
Bird: Yeah, the language you need on the signs, they did for the ordinance for
beer in the baseball field.
Anderson: I might ad.d that in Nampa I've participated for several years now in
the God and Country Rally where we have live fireworks set off by a licensed
pyrotechnic person there but there's also fireworks in the park but the Fire
Department is present during the lighting of the pyrotechnic fireworks and a
strong police presence, the bicycle force in the park at the same time has kept
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MERIDIAN CITY COuJ~CIL
MAY 19, 1998
PAGE 35
illegal fireworks down to a minimum because there's somebody right there to
snatch those people the minute the first bottle rocket goes off.
Kuntz: What do you think of that Chief?
Gordon: I'm willing to try it again but we almost lost four cops in that center,
you've seen our park on the Fourth of July and it's no man's land, you can's get
cars to them, you can't get bikes in there and when the officer's go in they're on
their own, we almost lost four about five years ago and we've pulled them out, it
reaches a point where they're just out of control and I can't get to them, I'm willing
to try it again if we post it properly, work them over good at the entrance we'll
give it a try but it reaches a point where people just stop their cars and get out
and walk off and leave their cars, the roads are blocked, the drunks really start
taking the place over and it's tough but I'm willing to try it again.
Bentley: See, you need that APe I told you to get a month ago.
Gordon: (Inaudible) - but yeah, to get control back then you got it but once you
lose it it's tough.
Anderson: Yeah if you mix the alcohol with it then you've got a volatile situation
there and I don't know -
Gordon: Let's try the signs and we'll try it again.
Bird: We're getting in such an enclosed and you're talking about the Speedway-
everybody, I mean they're parked all over like you say they just come in and
abandon their car and start going and you've got a bunch of people ifs been
pretty ugly down there for lots of years.
Kuntz: Okay well we'll work with the Fire and Police Chief and see what we
come up with.
Bentley: I make a motion that we have Tom go down there and put on a uniform
and -
Bird: I wouldn't put him in a uniform just take him down there.
Kuntz: I have a helicopter rented for that weekend.
Gordon: I could put him up in a uniform
Corrie: Here's your chance guys.
Bird: (Inaudible) in a uniform.
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MERIDIAN CITY COLJ.\jCIL
MAY 19, 1998
PAGE 36
Anderson: Barney Fife, do we get a bullet.
Kuntz: No bullets, no bullets.
Anderson: Well we could get you some bottle rockets.
Kuntz: The last item I have is a new concept for a park that I presented to the
Parks and Recreation Commission last night. We have an opportunity to
purchase twenty-two acres on the south corner of Pine and Ten Mile and the
concept would be instead of athletic fields which I know we're very short of, is
that we build a somewhat of a working park that would provide an opportunity for
family, children to experience maybe a little bit of the traditional farm life that is a
little bit of Meridian's history and on the site is a farm house, actually it's fairly
modern, but then some outbuildings and possibly have a couple of milk cows, a
couple pigs, a couple chickens, nothing that would require a lot of time but that
we would hire a park's employee that would actually live on the property and that
part of their responsibility would be the upkeep of the park in exchange for living
on the property, we would have some grass areas to families could come out and
eat picnic lunch, there's some running water that runs through the property that
we might be able to pond up and put some fish in the pond. I think we could
probably purchase the twenty-two acres for - they're asking about $300,000.00
and I think we could probably get it for about $275,000.00 and it is something
that I want to strongly consider for next year's budget and so I guess I just
wanted to let you know about the concept to give you some time to think about it
and I will be re-approaching you with some additional ideas for funding it.
Bird: Tom is this the old Wright property just as you drive down Pine you can
drive right into it?
Kuntz: No, it's on the left right there.
Rountree: It's on the east side.
Bird: Oh it's the south-east corner.
Kuntz: Right and I stopped and talked to the husband and wife and they're
getting on in years and just want to get into a smaller -
Bird: It's got a mobile home in there -
Kuntz: Well it's double-wide something, it's got new siding on it and quite
attractive, nice people and some corrals. Last night we talked about it, there was
some great ideas thrown out, one was that we have some old farm machinery
brought in on display and get the FAA involved with some projects-
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MERIDIAN CITY COul~CIL
MAY 19, 1998
PAGE 37
(
Bird: Tom you know that isn't -I don't know how many acres they need for the
rodeo but maybe that's a joint thing we could do with the Lyon's Club and have
our permanent rodeo grounds out there.
Rountree: You forgot the barbecue, the annual barbecue.
Kuntz: We'd have a community garden out there and then in September every
year we'd have a little harvest fest out there and -
Bird: What kind of a commission meeting is Tammy running?
. Kuntz: Weill think it's got some real merit to it and it's kind of exciting.
Rountree: Who's going to cook the ribs and (inaudible) the pop bottle rockets?
Kuntz: Dave Costello.
Bird: But seriously, approach the Lyon's Club on a joint venture, you could have
that -
Kuntz: You bet, that's a good idea.
Bird: And even the Dairyman's, you might go to the Dairyman's Association who
owns the property up there at the Speedway maybe they have some extra
money, I doubt it but maybe they'd donate. (Inaudible)
Kuntz: Well in light of the meetings we've been attending with the visioning with
the Chamber and having our own identity I don't think there's a park similar to
this in the valley that I can think of and with park land being bought up and I think
it's got some real merit.
Bird: I do too but I'd like to see it with the rodeo aspect too, the rodeo grounds.
Kuntz: Okay, can do. That's alii had tonight Mayor, thank you.
Corrie: Okay, thank you Tom.
Rountree: Thanks Tom.
Corrie: Chief Gordon?
Gordon: Just a couple of quick items. Nampa's got a heck of a lot more cops
than I do, if we could get them over we might be able to do it, it gets real serious
and real ugly, we could try advertising the no alcohol, the no fireworks, if we
could get the news media to give us a hand and start early, we're okay until the
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MERIDIAN CITY COuNCIL
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PAGE 38
(
sun goes down and then it becomes no man's land and I'm serious it gets
dangerous and not only am I concerned for the safety of the officers but if they
get into a position where they feel that they're well being is in jeopardy and then
they get real serious and somebody else is going to get hurt so we yanked them
out, we stand there, we stay in the parking lots usually till about dark and then we
pull out of there because that's when everybody - they want to see the fireworks
and they just start stopping their cars, you can't get in you can't get out so we can
try something else but you know it's going to be tough for the first year or so
getting control of them I guarantee you but it's worth a try if you want to do it
again.
Kuntz: Chief, do we need to do something more as far as traffic control possibly?
Gordon: Yeah if you keep all the cars out of the park that would help, make them
park on the street or in the fields, control the entrance -
Bird: I'll guarantee you they're going to park right in the middle of the street when
it comes fireworks time, you're better off to let them get in there, Chiefs 1000/0
right, I've watched that thing for - since 1965 and it's been - after - when that
fireworks start and it gets dark you get out of that park. Nampa might be able to
control but Lakeview Park's got one heck of a lot more area and probably less
fans at the God and Country Rally's I've been to than what you collect up there.
Gordon: (Inaudible) it's doubling each year, population, we're getting real
popular with Boise people coming out here because they can get to us but I can
see a real problem coming and maybe this is the time we need to step on it or
try.
Anderson: I feel ifs just going to build up if we don't take a strong hold at some
point, I mean that's what they're doing at Eagle right now with this nut feed and if
we're just going to turn it over and let any drunk go in the park and do whatever
they want then it's going to do nothing but get worse.
Corrie: You could always eliminate the fireworks.
Gordon: If you folks tell me you want me in there we'll go in.
Rountree: Well isn't there a possibility also of getting the county involved?
Gordon: That's a possibility but I don't think we would be able to do it, I was
thinking more of the State Police, we loan officers to Emmett for cruise night
maybe we just need to borrow some back on a reciprocal agreement. We're
presently working' out a mutual aid agreement with Garden City and Boise, that
could possibly be something to look at. I think if we do a lot of advertising to start
with I think we could - that would be a start and then just a heavy presence.
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PAGE 39
Corrie: I think Ron's got a right idea there that we can't just turn it over to them
and that's almost what we're ending up doing.
Gordon: Well it is picking up, it'll be totally out of control if we don't do anything
so-
Rountree: All you have to do is read Rudy's letter.
Gordon: I read Rudy's letter. A couple of quick items I mentioned that we had a
couple of cars crash from Friday about 9:30, we had suspicious subject, a car
rolled up, got out and he saw the guy hiding in the bushes, he yelled at him, he
jumped into a car and almost ran over the officer and then hit the patrol car head
on and pushed it out of the way, got out of there and the chase took off and he
went down Meridian and jumped out at the river, swam the river, got on the other
side, stole another car, took off for Caldwell on Chinden, they were waiting for
him, turned him around, he came back, Garden City in Boise was waiting for him
down at 55 and State Street, he jumped out at that point and one of Boise's dogs
got some training time in on him and the guy didn't have a sleeve on but he
pulled the dog off, got him handcuffed and then the dummy tried to kick the dog
and the dog got him again. this guy just got out of jail, two stolen cars and just a
variety - we don't have any insurance, he doesn't have any so thafs going to be
a neat situation, about $2,300.00. The other one was yesterday and we had a
car responding code and stopped at a four way stop, everybody stopped, he
started through and a lady started through and hit him broad side and pushed
him into another truck, nobody was hurt but we did a lot of damage to that car so
we got two down and Councilman Anderson was talking about the light controls
boy I wish the police cars had them at times too but when you start running code
things get a little bit serious and they can be costly so if you can control them I'm
all favor of that.
Anderson: Do you not have any opti-com's on any of the patrol cars?
Gordon: No, it's never been an issue any place I've ever worked, the Fire
Department has them but it's a little tougher for you guys to stop yours than it is
us, I didn't know they did them for police cars so -- do they?
Anderson: Yeah, it'll work for any emergency vehicle.
Gordon: Something we might - well this is four way too so it didn't do any good
there but it might be something for us to look at. Another issue we've met the
traffic safety committee's met twice, we're getting an awful lot of cooperation out
of ACHD, we've had a couple of issues we've already solved, just local traffic
problems, you guys want me to report at council meetings, do you want reports in
writing what we're talking about or how do you want to do that?
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Berg: Can I make a comment? I've known I've had a couple of people ask me
about what's been going on which I told them to call you or Gary but I think the
public might want to know something in written down form to know what you are
discussing or resolving or -
Rountree: You should be taking some kind of minutes, not verbatim but some
type of minutes that are available, if you want to just stick those in the box that
would be fine.
Gordon: We can do that.
Corrie: If you want to send them to me I'll get them copied.
Gordon: They're not full blown minutes just issues that we talk about and what
we resolve and some of the things like I say ACHD Joe Roslin has been super
and I really had my doubts but he's come across really good. Last item that I
have is the senior center, communities are judged by their young and their old
and how they take care of both, I would highly recommend if there's any way you
folks can give them a hand do it. My department goes over there at least once a
month, we give them talks, we attend their lunches, we attend their meetings and
usually when somebody refers to me as sheriff, them's fighting words and I saw
Councilman Bird kind of look over to see what I was doing but those folks call me
a lot of things but I still go over there so - don't get on a pool table with them
either, I have yet to win a pool game.
Bird: I thought you were going to fall out of your chair over there.
Gordon: No.
Corrie: You now have a new name Sheriff.
Gordon: That's all I have.
Corrie: I have a question for you, I got a call in my office this afternoon they want
to know who the lady was with the pot bellied pig, they lost it and they finally
found it at a beauty shop, luckily we h~d it on file and they went it picked it up but
did you know that the pot bellied pig got out again?
Gordon: The pot bellied pig is out daily.
Corrie: Is it?
Gordon: Yeah and when somebody was mentioning a barbecue we discussed
that.
Corrie: There's the guy right back there.
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PAGE 41
Gordon: I notice that the ordinance hasn't been passed and the owner of that pig
has not been back in. That pig is out regular, they do not keep it in.
Corrie: I get a lot of calls but this one was kind of funny today that it was at the
beauty shop, they found it.
Gordon: Legal is working on a progressive ordinance where first time is so and
so, second time is more, third time is more, we might reach a point with this pig
where it could be barbecue material.
Corrie: Okay thank you Bill. Anybody else over there? Okay, legal?
Crookston: The only thing that I have to discuss with the Council is the decision
by Judge McKee on the Statesman versus the City on the Parks and Recreation
people that had applied for the job. We've had some discussion with the attorney
for the Statesman, we believe since Judge McKee's decision was kind of a yes
and no decision, it's my understanding that possibly the Statesman is going to
appeal that, the question is if they do not appeal it does the City wish to appeal
it?
Corrie: We didn't win either way but -
Rountree: Well we did and we didn't.
Crookston: We won and we lost.
Rountree: I would say let's not beat this one anymore, if they don't appeal then
let's drop it, they can start whatever precedence needs to be started for the next
one which will be with the City of Boise I suspect.
Corrie: You have something to say Mr. Berg?
Berg: Yes, I would. Weill mean this deals with litigation that maybe you want to
discuss a little bit more in executive session but did you have a conversation with
Ken from Ale?
Crookston: Howard? Yes, I did.
Berg: He was really kind of interested in the issue because it dealt with a
precedence for cities and maybe even not just cities but public agencies.
Rountree: I guess if they'd be willing to support the legal fees.
Berg: Well that's been done before on an IRS issue.
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PAGE 42
Crookston: I just put it out for your thinking.
Rountree: Well that's good to know that they're interested maybe they need to--
we need to work with them a little more closely on that.
Crookston: That's all I have.
Rountree: I had a question for either Wayne or Gary or both, what's the status of
retaining somebody for the acquisition of the property in question on Eagle Road
for the extension of the sewer and moving towards condemnation if need be?
Crookston: I have talked to Fred Mack who has represented ACHD for a long
time, hels done quite a few condemnations, in my discussion today he said that it
would take approximately four months to get that condemnation done, there are
some things that we have to do before any legal action is filed and I have not
talked with Gary about getting an acquisition firmed.
Corrie: Let me shed a little light here to the Council. I have a letter from Saums
and Elixir that they don't intend to do anything for quite some time, they don't
want to put the sewer in, they don't even want to talk about it. We sent one more
letter to them, asked if they'd like to talk to us about the acquisition or putting that
into it and they haven't got back yet but David Witt and his secretary sent the
letter back that they don't wish to negotiate or anything else with it and they want
to drop the matter and they will not even talk to us on it so I had a meeting with
the guy from R.C. Willeys out of Salt Lake City, they're on a time schedule that
they needed to get sewer going with it, Van Auker is going to - what the
$700,000.00 sewer bond up, he's going to start running his sewer so I suggested
that we get that letter from Saum's anyway and start with the process of going
ahead and taking that land and putting the sewer in.
Rountree: I guess Wayne is it your recommendation then that we go forth with
Fred and acquire his services to do this or -
Crookston: It would be my recommendation that that be done, I have never done
any type of condemnation whatsoever.
Rountree: I don't think we have the luxury of (inaudible) on this one, I think welve
got to get it done.
Crookston: I agree.
Corrie: That 300 acres that needs to be done and they're ready to go with it,
they've got the people, they've got it all engineered and everything it's just 600
feet of us holding them up.
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Rountree: Did you happen to discuss fees?
Crookston: No, we did not discuss fees.
Rountree: But I assume he does it on an hourly basis?
Crookston: I would assume so but I have no idea what that hourly rate is. I think
that there needs to be an agreement between his firm and the City of Meridian to
do it.
Rountree: I would make a motion that we have an agreement prepared and
executed between the City of Meridian and whomever's firm of Fred Max
Employment for the acquisition and/or condemnation of the property in question
for the extension of the sewer line to Van Auker's property.
Bird: Second.
Corrie: To the McCall property I believe it is.
Rountree: Well yeah, to the McCall property
Corrie: Motion made by Mr. Rountree second by Mr. Bird that we have an
agreement written up with Mac the attorney. Any further discussion?
Crookston: The firm name is Holland and Hart.
Corrie: Holland and Hart, okay. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All aye.
Corrie: Mr. Bird?
Bird: I have none. Oh wait a minute, one thing. I understand you've got an
accounting firm ready to go for 1997?
Corrie: They're in the process right now.
Bird: We have got our two budgefs back and I understand this next week we get
the next one?
Corrie: That's my understanding.
Bird: And the legality of hiring this Bluecoff or whoever they are is no problem?
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PAGE 44
Corrie: No.
Bird: And that is a firm price --
Corrie: Theyre going to give us a - he said - Kevin Anderson said in the
$15,000.00 range, it could be less than that but he's going to get back with me
next week I guess it is and give us a firm answer in writing but he worked today
with Janice, there's another one that's auditors with them as well.
Bird: Good.
Corrie: Mr. Bentley?
Bentley: Well on the line of that do we need a motion to put these people on so
we can get this thing rolling or do we want to wait till the next meeting or what?
Rountree: I thought we already did that.
Corrie: We already did that.
Anderson: We directed the Mayor to get it done.
Bentley: I had a question for Shari and evidently she decided to leave but the
question is and I'd like to see it passed on as where are with getting a list of
enclaves for forced annexations? I mean the last Council made it evident and
this Council has made it pretty obvious that we wanted to get going on this.
Corrie: Yeah, I talked to her a little bit about that in the - there is - it's going to
take about four months to do everything right but she's starting to do it now, she's
got another - she's hired another planner and she's hiring the two code
enforcement officers right now so it'll take about four months to get it all put
together, that planner's working on that one now.
Bentley: Also I received a letter from ACHD at the last APA meeting, I talked
with Susan Eastlake a little bit about the problems that keep cropping up with
sidewalks over here, the site I was talking about was on Linder Road behind the
Circle K, the church over there, their sidewalk has been put in totally below the
road grade and I stated the fact that on the other side of Linder we had problems
and all up and down Locust Grove we've had problems in the past and they
came out and they checked it and she sent me a letter back that yes this whole
sidewalk will have to be removed, you know as part of this problem and what I'd
like to see is us to next time we meet with ACHD is put this on our agenda to
see if there isn't some way we can get this thing coordinated to where these
people know what the grade is they're supposed to put these sidewalks in
because all we're doing is they're spending the money on sidewalks and ACHD
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PAGE 45
(
is coming along and ripping them out I mean we're better off to put no sidewalks
and just have the people bond if we can't get some faction put in place that we
get the word to these people that this is the grade your sidewalk has to be in
because of the road plans. On Locust Grove if you new councilmen have driven
on it on both sides of Fairview up there the sidewalks half the places don't meet
and the one instance I brought up to them last year was they had sidewalk
ending on both sides of a six-foot deep ditch with no gates on the end of it and
they went out and checked it and immediately stuck a culvert in and paved it and
put gates up so nobody could fall off the sides but this is an ongoing problem
we're having and the church people I guess they stated in this letter that never
contacted ACHD as to what the grade was supposed to be so it's a waste of
money for people doing it and then it's a waste of time to come back and
straighten it out so I don't know what the answer will be but maybe if we get
together with our joint meeting with them see if we can't get some way to get it
lined up so that the people get the word that you.va got to put your sidewalks to
grades.
Corrie: I was thinking they had to do that anyway.
Bentley: Well somehow it's getting missed and it's just an issue I want to look at.
Anderson: When we had that meeting with ACHD I asked that question about
why they couldn't put those in and their answer was that because the road hasn't
been designed yet so they don't know what the elevations are going to be, the
only that they know is what the width is going to be but I've given that a lot of
thought since that meeting and it seems logical to me that if that road is not due
to be redone within a five year or ten year period that maybe the requirement
should be that you simply match the existing road grade now and you pave and
you put a sidewalk in because these subdivisions that go in now some of them
put in curbs and sidewalks match the existing road and they look great and
others throw a sidewalk fifteen-feet out in the middle of nowhere that people can't
even get to and then there's big mud puddles all over the place.
Bentley: Well they just got done a week or two ago going out there and dropping
a grate in about twenty foot of asphalt in out there to get the water away from the
sidewalk out in the middle of the dirt field or in the dirt road bed there you know
so I know, I don't know if there is an answer -
Anderson: So I would think if they're not going to touch this road in a five year
period that then they go ahead and require the people to put them in and match
the existing grade.
Bentley: Yeah well, this one didn't match the existing grade either so that's kind
of the problem. Anyway we've got Steve here and Steve spoke to me earlier and
I told him I'd bring this up and I've done some thinking since I talked to you Steve
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MER,IDIAN CITY COlJNCIL
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PAGE 46
so my opinion's changed just a little bit, we have a cooking safety problem of
possible commissioner coming out and interfering in the operations on a fire
scene within the city limits of Meridian, he was asking that if we wanted to put a
letter together from the Council and the Mayor stating that there is a policy that
Rural Fire Commissioners cannot come in and interfere with the ongoing fire fight
within the city limits and I told them that I would bring this up but further thinking
on it I think them to do that is a violation of the law if I'm not correct and you'd
probably know a little more about that than I would on that and if that's the case I
really don't think we need to state a policy if it's already taken over by law
because a Rural Fire Commission has no jurisdiction within the City and it would
be just like me walking over there as a public citizen and trying to tell Kenny or
any other fireman to get the hell out of the way, he didn't know what he was
doing. I think they're subject to arrest and prosecution and I really don't know
whether we need to take this any farther.
Anderson: I guess from my perspective I've instructed all of the company officers
at the Fire Department that if he interferes with them that they should have him
arrested, there's past precedence been set whether it's a homeowner or anyone
who's interfering with a police officer or a firefighter in the line of their duty can be
arrested and so I'm not sure we need a specific city ordinance but he will be told
at the - I think we have a meeting on Thursday with him that if that happens in
the city of Meridian that he will be arrested.
Bentley: So Steve I think that would -
Bravo: Yeah, the reason I asked that is because I didn't know if there would be
time for any of you guys to be at that meeting and it was more of a reiteration to
get through a thick skull basically if not a tool to reiterate.
Bentley: J told you I'd bring it up and I wasn't going to let it drop because I'm in
total agreement with it.
Corrie: Just for the council's edification I've already ordered Kenny to - if he's
out there if he makes any comments or anything else to call the Police
Department, have him arrested and taken out of the scene immediately so he's
got those orders to do that anyway.
Bentley: It sure doesn't help build relationships but I don't know what you do with
the guy otherwise.
Corrie: We can't take the liability chance and if he's interfering like anybody else
with the Fire Department we can't do it, it's against the law so he's got his -
Anderson: Have you all had John Fitzgerald speak to him?
Bravo: Well we're going to try and have a little thing at - that's why we're calling
a special meeting just for this.
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PAGE 47
Corrie: I would think that you two, you and Monte can go together and make a
ruling that he's not to interfere with the Rural Fire and that has to be done and he
can't do it then.
Bravo: Right, it's our (inaudible) we can pass a resolution -
Corrie: The same thing we talked about earlier at the office okay.
Bentley: Next, where are we at with getting on with the feasibility plans of the
new City Hall, has the book been completed?
Corrie: Who's got the report now?
Rountree: No, it hasn't.
Berg: No, I think I just received it Friday and so I was going to I think pass it on
to you next is that - you wanted to look at it?
Corrie: (Inaudible)
Berg: Okay, I'll look on my list and see who else needed to look at it but I think-
you haven't seen it?
Bentley: Can we please get this wrapped up? It was supposed to have been
done in two weeks and that was a month and a half ago.
Corrie: So if you'd get it over to him then if he's the only one who hasn't seen it,
Tom? You've seen it Chief? (Inaudible)
Berg: The original design didn't include the Parks Department.
Smith: I don't believe it did.
Bentley: Well we plan on having them back so we ought to have their input in
that book right?
Corrie: Well we've only had -
Berg: Well the input wouldn't make any other suggestions to what they have
already written, we'd have to just make an entry into it.
Corrie: (Inaudible) but not necessarily the parks (inaudible). They have their
own buildings outside of -
Rountree: They don't want you in City Hall Tom don't worry about it.
(
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MERIDIAN CITY COLlliCIL
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PAGE 48
Kuntz: We're going to build our own building.
Corrie: Mr. Bentley, any more?
Bentley: Oh yeah, I've got plenty, we're on a roll here. As you all know the
legislature passed the approval to raise the mill levies up to 004, we need to find
out what our desires are, if we're going to pursue this, if we are what the time
tables are and put a plan together to explain what we're doing, why we're doing it
(end of tape) - are we out of tape? So what do we need to do to put this
together?
Corrie: Council has to decide to go for the 00400 mill levy, vote on it an then we
put it out for vote to the people and have one crack at it and then the citizens
have a - it's been at election time so we can do it November 6th and put it on the
ballot, the council has to make up their mind whether they want to go for that or
not unless the - also with the district fire as well, I think there's a lot of discussion
that's going to have to be done between now and the time we put it up for
election.
Bentley: Okay, my question is what is the time frame that we have to say yes
we're going to go with it, Will do you have that?
Berg: No, I have not researched that.
Rountree: Is it a one time so you can pick any time within so many years to do
it?
Berg: No, it has to be done this year.
Bird: November 2nd is the general election.
Corrie: And it can be put on the ballot at that point.
Bentley: I would suggest then that Will you research that and find out what our
deadline is, when we have to make application for -
Rountree: Do we have to apply to the county then?
Corrie: That's a good question -
Bentley: Well I think that's part of the research he needs to do -
Berg: This is different than the Fire District because they have some other
different things to go through.
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MERIDIAN CITY COL,~CIL
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PAGE 49
Rountree: I guess at this point I'd make a motion that we advance work towards
re-establishing the mill levy at the one time offer made by the state legislature
this year for the City of Meridian to .0040/0.
Corrie: I think we're at .003 something.
Bird: Three four~
Corrie: Three four, we need to - if I understand his motion that we take the one
time try and go for the election at .00400 to get us up to-
Bentley: To what the legislature will allow.
Rountree: Yep, to what was allowed.
Corrie: Okay the motion has been made do I hear a second on that?
Bentley: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley that we pursue
the .00400 mill levy that gives a one time try with the state election time and to
find out the particulars on that. Any further discussion? Hearing none. All those
in favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Okay so you'll find out the -
Rountree: Will be doing that?
Corrie: Will be doing that.
Bentley: Next, Gary on the new storage well facilities out at the new park, the
56-acre park, when are we going to start construction?
Smith: I've got preliminary plans in my office, I received them last week on the
majority of the project, I haven't had a chance to look through them yet, I need to
meet with CH2M and I expect to have construction complete by June of next
year, I don't remember the dates between now and then but-
Bentley: Okay, how long do they figure it's going to take to do that, do you
know?
Smith: Construct it?
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(
Bentley: Yeah.
Smith: No, I don't.
Bentley: Next question, have we sat down and decided how thafs going to lay
out?
Smith: How what's going to layout?
Bentley: Where it's going to sit in that piece of property?
Smith: Weill have a plan, I mean we've located the tank on the engineering
plans, yes.
Bentley: Have we looked at them, the Council?
Smith: No.
Bentley: Because what I'm getting at is and I don't know I haven't seen the plans
that I can recall so I don't know, I hope we're picking an area that won't dissect
the property to where we -
Rountree: No, it's right on the corner.
Bentley: But I thought we said we were going to move it off the corner for site
reasons.
Smith: It's not on the corner, it's several hundred feet west of the corner. It's
probably a hundred or so feet west of that concrete irrigation ditch that's on the
west side of the residence that's out there and that's where we drilled our test
well for the production well.
Corrie: I believe Gary that if they go out there they can see where the farm land
has been squared off there.
Smith: Yeah, they've excluded the farming of the tank site, now if you want to
review that and I guess that's -- the location is not chiseled in stone so that's -
Bentley: That was my only concern and I know we were moving it from what the
original site was but I -
Smith: I never moved it from where we originally were going to locate it.
Bentley: Weill think at one time they were talking putting it right on the corner,
were we not?
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MERIDIAN CITY COuNCIL
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PAGE 51
Smith: No sir.
Rountree: That corner two acres was always -
Smith: We've just stayed away from that corner because of that house and I
don't know of any other particular reason other than we wanted to stay back
away from the corner so that it wasn't - because this thing is about 150-foot in
diameter and 25-feet out of the ground so it's going to cast quite a shadow.
Bentley: Okay thank you.
Smith: But again, if you want to review that let me know because we are getting
to a point where if there's going to be some planning for the park and it's going to
create a problem for future plans on the park, I don't know about these park
things, all I know is that we need a storage tank.
Bentley: And I understand that and maybe to get together with Tom and let him
take a look at the thing and -
Smith: He's already asked me tonight and I'll get a copy of that plan to him.
Bentley: Okay that's fine, that was my only concern.
Smith: I just don't want to keep doing things over and over but if there's
something that we need to change then we can do that.
Bentley: That's why I was asking what the time line was so that we didn't run into
a situation where we wind up stabbing ourselves in the foot.
Corrie: Can we make that into a big dance floor up there on top of that?
Bentley: On the roof? Yeah, that'd be good.
Smith: Yes sir it's a flat roof, you could do that, you'd have to get a way up there
and a way down but -
Bird: With our past history that tank will be antique before we get the 58-acres
developed.
Corrie: No, I doubt that.
Bentley: One other fine thing, I guess we got a note of complaint from one of the
gentlemen out there by the Remax party -
Rountree: Rudy? That's an annual thing.
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(
Bentley: Yes that's the annual deal, is that going to change this year because
the bars no longer there?
Rountree: I would guess so.
Corrie: It's Remax, I don't know if they -
Bentley: Yeah, I was wondering the same thing. Also I wouldn't swear to it but I
think Remax has moved west on Cherry Lane so they're not even in there
anymore, the only alcohol establishment left there is the Whitewater and I don't
think that they had any part of this before.
Corrie: They had no request for an outside dance thing anyway. I sat over there
last year and I swear I didn't have a problem with it.
Bentley: I went by it and I didn't see a problem. Well I ran out of things.
Rountree: You ran out of things, well that's good.
Corrie: Mr. Rountree.
Rountree: Planning session on the 26th, next Tuesday, it looks like we're going to
want to talk about the water situation with United Water so we can get something
to the church and maybe establish some kind of an approach. Gary?
Smith: Mayor and Council, do you want me to invite Kathy Shifflet to that
meeting, see if she could come and talk?
Rountree: Yeah.
Smith: Okay because I'm sure she'll be able to answer a lot of questions that I
could not.
Corrie: Have her come about 7:15,7:30.
Smith: About 7:15 on the 26th?
Corrie: (Inaudible) - got a 6:30 with Candy Weaver.
Rountree: Okay, that's right. The other items I'm looking at is we do have a
session with Candy Weaver, we're going to talk about IEC, she's going to talk to
us about their services, I'd like to talk about some ideas and start some
brainstorming on what we can and can't do with the Senior Center and
assistance there and I'd also like to have the City Treasurer there to give us a
101 on the audits that we received, what they say, what they mean, what are the
(
MERIDIAN CITY COuNCIL
MAY 19, 1998
PAGE 53
reserve amounts, it takes a little time to distill that out of those audits and I think
is she could come and help us all through that and maybe Will can assist. Those
are the items I thought we would cover in the planning session. Will do you have
any-
Berg: Yes, the Ada County Assessors office called and wanted to take ten or
fifteen minutes and go through the tax evaluations for the coming year-
Rountree: That's right, you gave me a note of that and that would be good and
they'll have that information for next week with - well let's make some time for
them.
Berg: Yeah, could I tell them a certain time, he said it probably wouldn't be more
than ten minutes and then whatever questions we may have.
Rountree: I would guess Candy will probably go an hour, hour and a half, --
Corrie: Probably not more than an hour.
Rountree: So that's 7:30, we've got United Water at 7:30, I can see us going on
that 30-45 minutes real easy, maybe 8:00-8:15, something like that and could
you take those items and make an agenda for us Will. Tom pretty much covered
the things with Parks and Rac. and Glenn took care of the rest of my list so let's
move on.
Corrie: Ron?
Anderson: Yeah just one thing, I have an attorney working on an agreement for
services between the City and Rural District and possibly next Tuesday night at
that strategic planning meeting I can have that agreement done and we can look
at it and talk about it then and then as soon as we've had a chance to meet as a
council on it then the Rural District would like to meet with the Council as soon as
possible and discuss the agreement, is that correct Steve? So probably a
special session will be needed after that, after we have a chance to get together.
Rountree: Does it appear that we have at least a majority of the rural folks in
agreement with proceeding on with this or are we-
Bravo: I believe so.
Rountree: You believe so, okay great, thanks Steve.
Anderson: That's all I have.
Corrie: Ale meeting the 16th, 17th, 18th, 19th, anybody going to be -I think
Charlie is going to try to get up there, anybody going to be able to go up there
besides himself and myself? It's Idaho Falls. I'll be going up Tuesday morning
(
MERIDIAN CITY COLJ...JCIL
MAY 19, 1998
PAGE 54
real early so Charlie will be taking over the council meeting Tuesday. Also I
believe we're trying to set up a 4:30-6:00 Jim Johnson thank you get together
here.
Berg: Yeah, recognizing Jim next Tuesday, I was going to discuss this with you,
I talked to a couple of - just an open house for his retirement.
Rountree: On the 26th?
Berg: Tuesday the 26th from 4:30-6:00.
Rountree: You'll put a note in our box?
Berg: Yes and make sure Jim can make it and Virginia can get him there and
that way it's open to the public and anybody can come out.
Rountree: Okay, great.
Corrie: I'd like to request an executive meeting for about five minutes if I can
have it.
Bentley: Okay I have two quick things. Will I'll be gone Friday through - I'll be
home sometime Monday, this Friday. Just Friday through the Monday, I'll be
back Tuesday and secondly has the Fire Department, the Union received copies
of the two audits?
Corrie: No we didn't get them copies, we'll send them tomorrow -
Berg: They've only been given to the Council right now that I know of so they
can look at them and make sure they're -
Bentley: They need to have those ASAP.
Corrie: Do we want to give it to them now, we haven't approved them. We'll
probably approve them, if everything goes right you can -
Rountree: I think we could probably go ahead and release them -
Bentley: Release them to them with a note that they have not been approved by
council yet.
Rountree: Maybe after the 26th.
Corrie: Okay we'll get a copy and then I'll put a cover letter on it and send it by
registered mail.
(
MERIDIAN CITY COuJ~CIL
MAY 19, 1998
PAGE 55
(Inaudible)
Rountree: That would be my preference so we get an opportunity to discuss
what's there and get some -
Bentley: Okay if you want to do that fine I just want to hold it till then but let's
make sure we get them to them right away.
Corrie: Anything else?
Rountree: I make a motion for executive session.
Bentley: Second.
Corrie: Motion made and seconded, all in favor say aye.
MOTION CARRIED: All aye
ENTERED INTO EXECUTIVE SESSION AT 10:11 P.M.
BACK FROM EXECUTIVE SESSION AT 11 :53 P.M.
Corrie: We're out of executive session at 10:55, we discussed personnel issues.
I'll entertain a motion that we adjourn.
Bird: I make a motion that we adjourn.
Rountree: Second.
Corrie: Motion made by Mr. Bird second by Mr. Rountree that we adjourn. All in
favor say aye.
MOTION CARRIED: All aye.
MEETING ADJOURNED AT 11 :57 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
(
MERIDIAN CITY COl.JI~CIL
MAY 19, 1998
PAGE 56
(
ATTEST:
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PUBLIC MEETING SIGN-UP SHEET
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RECEIVBD
MAY 1 9 1998
CITY OF MERIDIAN
NAME
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, MAY 19,1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: }( RON ANDERSON X' CHARLIE ROUNTREE
K- GLENN BENTLEY X KEITH BIRD
X~ MAYOR ROBERT CORRIE ~
/reSer..-/NhnJ tb L,-)cL, ,0'11 -In A..eep tI--'f tV.ffktI1JZlaht?;:}l/r! J!e~/bJfr/hfev
MINUTES OF PREVIOUS MEETING HELD MAY 5, 1998:
1. HISTORICAL PRESERVATION AWARD PRESENTATION FOR 1998: by Lila #'It
2.
3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CHILD CARE
FACILITY BY SUSAN EHTESHAMI-875 W. FRANKLIN ROAD:
ti-1/l7Jv.e -f/f- felL ap?rv v.e cleciJ/~ .
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO LIFT
REQUIREMENTS IMPOSED REGARDING EXISTING WELL LOCATED IN
SALMON RAPIDS NO.4 BY FARWEST DEVELOPERS - SOUTH LOCUST
GROVE BETWEEN OVERLAND AND VICTORY:
tzj?jJroVR. Cl h--f0-de d /'/1 {elt..- a#r(N~ d'eCt'X-~5
CONTINUED PUBLIC HEARING: AMENDMENTS TO ZONING AND
SUBDIVISION AND DEVELOPMENT ORDINANCES:
ih r#ucf c;ly a -ff-tl/yl-L ':J- fQ ~ p~ tYl~cL.J
FINAL PLAT FOR TEARE @'OMMERCIAL SUBDIVISION BY RONALD VAN
AUKER - NW CORNER OF TEARE AVENUE & OVERLAND ROAD:
ap p Tt9 v..G- tv /t--/l c.o l'1d/h 0nJ
REQUEST TO HOOK UP TO CITY WATER BY HOLY APOSTLES CATHOLIC
CHURCH - SOUTHEAST CORNER OF MERIDIAN ROAD AND CHINDEN
BLVD: -la-6-e.e. tvn.;t;2 J~ 2~ ~< .
REQUEST TO HOOK UP TO CITY SEWER AND WATER BY LOS CHURCH -
LOCUST GROVE AND USTICK:
-nW~2 J'~ Z/-~~,
REQUEST FOR FINANCIAL ASSISTANCE BY MERIDIAN SENIOR CENTER:
tv)') ( ~ c- /1..A?- ~ --I I'h- f.) I-v-r A--
DISCUSSION BY ELAINE ESTACIO REGARDING R-4 ZONING ORDINANCE
AND IN HOME DAYCARE:
~jrCe ~-? J~ 2-N..Q. ~
NON-DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION NO.3 BY
HON, HON AND NORRIS:
t!Lf1>/'Ove.. bVlt-1-- eily t1(~ rectJ/Yl.~(.-d2'crn.s
MARCH FOR PARKS INFORMATION BY TAMMY DE WEERD:
4.
5.
6.
7.
8.
9.
10.
11.
/
(
12. . DEPARTMENT REPORTS:
A. GARY SMITH:
1. WELL NO. 19 CHANGE ORDER. cvpprdve..-
2. TULLY PARK CHANGE ORDER. ~ffY()V~
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BEFORE THE MERIDIAN CITY COUNCIL
FARWEST DEVELOPERS
ANNEXATION AND ZONING
N 1/4 SW 1/4 OF SECTION 19, T.3 N., R.1 E., B.M.
MERIDIAN, IDAHO
SECOND AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The original entitled annexation and zoning application having
come on for consideration on August 15, 1995, the City Council
having again considered the original Findings of Fact and
Conclusions of Law on October 17, 1995, at the hour of 7:30 o'clock
p.m. on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony and the Applicant appearing in the original
public hearings through a representative, Marty Goldsmith, the
Applicant having now filed a request, more than two years after the
original Findings of Fact and Conclusions of Law on the annexation
were adopted, to amend the original Findings of Fact and
Conclusions of Law to change the monitoring of wells which were
required, and now having appeared through its representative, Brian
F. McColl, and a public hearing having been duly noticed and having
been heard on May 5, 1998, and having duly considered the request
to amend the original findings of fact and conclusions of law, the
Meridian City Council makes the following:
SECOND AMENDED FINDINGS OF FACT
1. That all notices of public hearings on the annexation
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
1
(
and zoning and for the amendment of the Findings of Fact and
Conclusions of Law were published as required under the Local
Planning Act and the public having been given full opportunity to
express comments and submit evidence, the City having adopted
Findings of Fact and Conclusions of Law on the original Annexation
request, which are incorporated herein as if set forth in full;
notice of public hearing on the request to amend the findings of
fact and conclusions of law having been published for two (2)
consecutive weeks prior to the said public hearing scheduled for
May 5, 1998, the first publication of which was fifteen (15) days
prior to said hearing; that the request to again amend the Findings
of Fact and Conclusions of Law was duly considered at the May 5,
1998, hearing and the public having been given full opportunity to
express comments and submit evidence on the request to amend the
Findings of Fact and Conclusions of Law, and since copies of all
notices were made available to newspaper, radio and television
stations, the City Council presents the following new Findings of
Fact and Conclusions of Law.
FINDINGS OF FACT
1. That all notices of public hearings on the annexation
and zoning and for the amendment of the Findings of Fact and
Conclusions of Law were published as required under the Local
Planning Act and the public having been given full opportunity to
express comments and submit evidence, the City having adopted
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
2
Findings of Fact and Conclusions of Law on the original Annexation
request, which are incorporated herein as if set forth in full, and
that copies of all notices were made available to newspaper, radio
and television stations; notice of public hearing on the request to
amend the findings of fact and conclusions of law having been
published for two (2) consecutive weeks prior to the said public
hearing scheduled for May 5, 1998, the first publication of which
was fifteen (15) days prior to said hearing; that the request to
again" amend the Findings of Fact and Conclusions of Law was duly
considered at the May 5, 1998, hearing and the public having been
given full opportunity to express comments and submit evidence on
the request to amend the Findings of Fact and Conclusions of Law,
the City Council presents the following new Findings of Fact and
Conclusions of Law.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; the property is approximately
23.26 acres in size; it is in the Northeast 1/4 of Southeast 1/4 of
Section 19, Township 3 North, Range 1 East, Ada County, Idaho.
3. That the property is presently zoned by the County RT
(Rural Transition); that the Applicant has requested that the
property be zoned R-4 Residential.
4. The general area surrounding the property is used
agriculturally and residentially; that much of the residential
property in the area is zoned R-4 Residential with some of it
developed at less density than allowed in the R-4 zone; that Salmon
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
3
(
Rapids No. 1 and No.2, which was previously annexed, is an R-4
development, a housing size of 1,400 square feet.
5. That the property is adjacent and abutting to the
present City limits.
6. The Applicant, Marty Goldsmith, is the owner of record
of the property.
7. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8. That the parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9. That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the applicant indicated that the
intended development of the property is for single family dwellings
with a density of 3.4 dwelling units per acre: Applicant stated at
the hearing that for this phase No. 3 that the square footage was
1,400 and 1,500 square feet where the houses bounded Meridian
Greens within 500 feet.
10. That in the Rural Area section of the Comprehensive
Plan, Section 6.3, it does state that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
11. That the property can be physically serviced with City
sewer; that there is a question in the mind of the City Engineer,
regarding water service and water service is contingent upon
positive results from a hydraulic analysis by the City's computer
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
4
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model.
12. That the Eight Mile Irrigation Lateral traverses the
site in a southeast to northwest direction and is located within an
SO-foot wide easement.
13. That there was no public testimony given at the hearing
before the Planning and Zoning Commission.
14. That Gene Schultz testified before the City Council
regarding the type of fencing the developer had planned on using
for the boundary on the south side, between Kachina Estates and the
proposed subdivision.
15. That John Shipley testified at the City Council Public
Hearing on October 17, 1995, bringing up the question as to the
location of the well house; that according to the map he had, from
May, it didn't show it; that it is suppose to be somewhere on the
23 acres and by the looks of it ends up somewhere in the middle of
a cul-de-sac.
16. Marty Goldsmith testified at the Planning and Zoning
Commission hearing that the fencing would be of a non-combustible
type which is chain link with pickets in them that don't burn; that
some construction is being done to address the needs of some
residents; that some weeding can be done to knock down some
overgrowth; that the location of the well house is on Lot 14, Block
5, and that the street does go around it; that the lots in phase #3
of Salmon Rapids are not buildable until the extension of the sewer
is made to them (This language was suggested to be deleted by
McColl, but it is what Goldsmith stated and cannot be changed in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
5
the Findings.); that he is working as to where which lots go where
and that the southwest corner will go to the Ten Mile Sewer and
that the other lots will go in the sewer main that is a little bit
closer; that he is trying to move ahead with the lot layout and his
intentions for serving those; that water is not a problem and
neither is the sewer.
Mr. Goldsmith testified at the City Council public hearing on
October 17, 1995, that the well issues in Los Alamitos are
applicable to Salmon Rapids Subdivision also; that he can knock
down some weeds; that in response to Gary Smith's and the Mayor's
concern regarding sewer, he stated that there are some lots in the
southwest corner of the subdivision that are not buildable on until
sewer is extended to them; that sewer would be to the Ten Mile
Sewer line.
17. That Gary Smith, Meridian City Engineer, testified at
the City Council public hearing on October 17, 1995, that the sewer
does not have enough depth in Locust Grove or through this
subdivision in order to sewer those lots; that the land falls away
to the southwest where Ten Mile Drain; that these lots will have to
be sewered by an extension of the sewer main in Ten Mile Creek or
adj acent to Ten Mile Creek that comes through Meridian Greens
Subdivision; that until sewer line is extended through Meridian
Greens, through Kachina Estates along Ten Mile Creek, that the lots
are not buildable; that the development plans will not be approved
until the sewer is extended.
18. Walt Morrow testified at the City Council public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
6
(
on October 17, 1995, that the 20 foot landscape strip along Locust
Grove Road, which the developer was instructed to move to an
appropriate place had not been done; that the developer had earlier
assured the City that this would be completed by August 15, 1995;
that the existing fence is falling down and property buyers within
the subdivision claimed the developer has sold them the 11 feet,
plus or minus, to add to their lot.
19. Meridian Police Department, Meridian Fire Department,
the Meridian City Engineer, Ada County Street Name Committee, the
Central District Health Department, Nampa Meridian Irrigation
District, Meridian School District, U. s. West and the Meridian
Planning Director, submitted corrunents and such are incorporated
herein as if set forth in full.
20. That the Meridian City Engineer's assistant, Bruce
Freckleton specifically commented for the City Council public
hearing on October 17, 1995, as follows:
a. Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
per City Ordinance 11-9-605 .M.; plans will need to be
approved by the appropriate irrigation/drainage
district, or lateral users association, with written
confirmation of said approval submi tted to the Public
Works Department; that no variances have been requested
for tiling of any ditches crossing this project;
b. Any existing domestic wells and/or septic systems shall
be removed from their domestic service per City
Ordinance Section 5-7-517; that wells may be used for
non-domestic purposes such as landscape irrigation;
c. Determine the seasonal high groundwater elevation, and
submit a profile of the subsurface soil condi tions as
prepared by a soil scientist wi th street development
plans;
d. That water service to this development is
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
contingent
7
(u
upon positive results from a hydraulic analysis by
computer model;
e.
That a determination of ground water
subsurface soil conditions should be made.
level
and
f. Applicant will be responsible to construct the sewer
mains to and through this proposed development via the
existing mains installed in prior phases of this
development; manholes shall be provided to keep the
lines on the south and west side of the centerline;
g. Applicant will be responsible to construct the water
mains to and through this proposed development via
existing mains installed in prior phases of this
development; that the well proposed to be located in the
No. 1 phase of this subdivision needs to be in operation
ahead of this No. 2 phase development.
21. That Shari Stiles, Planning and Zoning Administrator
specifically commented for the City Council public hearing on
October 17, 1995, stating as follows:
a. That any existing irrigation/ drainage di tches crossing
the property, included in this project, shall be tiled
per City Ordinance 11-9-605; that a variance for tiling
of the Eight Mile Lateral was granted in phase 1
provided the ditch is fenced with a chain link or
wrought iron fence on both sides of the right-of-way;
b. That any existing domestic wells and/or septic systems
within this project shall be removed from their domestic
service except that the wells be used for non-domestic
purposes such as landscape irrigation, per City
Ordinance;
c. Adjacent residential property must be screened with
fencing as presented by developer during Phase 1 public
hearings; perimeter fencing and fencing of the Eight
Mile Lateral is to be in place prior to obtaining
building permits for housing;
d.
Submit protective covenants for subdivision
accordance with City Ordinance Section 11-9-605;
in
e. That the Applicant is to enter into a development
agreement as authorized by 11-2-416.L. and 11-2-417.D.;
that the Development Agreement shall address, but not be
limited to, the inclusion into the subdivision of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
FARWEST DEVELOPERS - ANNEXATION AND ZONING
requirements of 11-9-605 C., G., B.2., K. and L, and the
goals expressed in the Meridian Comprehensive Plan;
f . That the Applicant indicates a minimum house size of
1, 400 square feet; that Phase 1 development agreement
and restrictive covenants require a minimum house size
of 1,500 square feet;
g. That the Comprehensive Plan indicates that a school and
park site is needed in this section.
Shari Stiles further commented that a new plat was received
August 15, 1995; that she could see no significant major changes;
that with regard to the fence, the City has been making these
planting strip requirements and the idea is that there would be the
road right of way, 20 feet beyond that right of way which would be
maintained as a planting strip and then the fencing; that when the
fence was installed in this subdivision it was put up to match
Sportsman Pointe' s which was only 10 feet from the right of way;
that Mr. Goldsmith told her that he is in the process of moving the
fence to where it should be; that her main concern with having that
fence within the 20 foot planting strip was that they would have
part of what would be homeowners owned property, then they would
also have a 20 foot utility easement, so in essence they would have
about 21 feet in the back of their property if the fence remained
where it was, which was all easement; that nothing could be built
there and they would have to stay back that far from the fence
line; that the developer has said he is in the process of moving
that fence to the edge of the 20 foot landscape lot.
22. The Meridian School District submitted comments in prior
annexations in this area, that there is no excess capacity in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
9
(
(
schools of the District and that residents of the new subdivision
could not be assured of attending the neighborhood schools; the
School District asked for support for a development fee or a
transfer fee to help offset the costs of building additional
schools.
23. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 3. as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has,
or is likely to occur in accord with the Comprehensive
Plan or the City, and to protect the integrity of
residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District
allows for a maximum of four ( 4 ) dwellings units per
acre and requires connection to the Municipal Water and
Sewer systems of the City of Meridian.;
that the R-4 zoning district requires a minimum of 1, 400 square
feet to be included in houses in that zone; that in annexation the
City may, as a condition of annexation, require a higher minimum
house size than 1,400 square feet.
24. That
the Applicant
submitted an
application
for
preliminary plat along with the application for annexation and
zoning which application included a preliminary plat.
25. That the land is adjacent to the land annexed and being
developed as Salmon Rapids No. 1 & 2, which is now in the process
of development.
26. That the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories
single-family, multi-family, townhouses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
(urban, rural,
apartments,
10
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,.
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condominiums, etc.) for the purpose of providing the City with
a range of affordable housing opportunities."
27. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided ·
"
28. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural densi ty , unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
29. That the Meridian Comprehensive Plan, under Population,
Housing Policies, at page 66, it states as follows:
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses, apartments, condominiums."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1 . 4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
30. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is continuing; that the land is relatively close to Meridian
and economic conditions are making it difficult to continue farming
in the area.
31. That in 1992 the Idaho State Legislature passed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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11
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amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
32. That
pursuant
to
the
instruction,
guidance,
and
direction of the Idaho State Legislature, the City may impose
either a development fee or a transfer fee on residential property,
which if possible would be retroactive and apply to all residential
lots in the City, because of the imperilment to the health,
welfare, and safety of the citizens of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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33. That Section 11-9-605 C states as follows:
"Right-af-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10' )
wide."
34. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
35. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
36. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
3.
To play a major role in
natural value, especially
natural habitat;
conserving
waterways,
area scenic
drainages
and
and
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification wi thin the area due to
the internal linkages; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13
FARWEST DEVELOPERS - ANNEXATION AND ZONING
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6. To link residential neighborhoods, park areas and
recreation facilities."
37. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City Urban Service Planning Area. The
Conunission and Council shall consider the Bicycle-Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
38. That at the City Council Public Hearing held on May 5,
1998, for the Applicant's request to amend the previous Findings of
Fact and Conclusions of Law, Brian McColl, Councilman Rountree,
Councilman Bentley, Councilman Anderson, and City Engineer Smith,
and the following members of the public, John Shipley and Chad
Inmen, testified as follows:
a. Brian McColl: This is a request by my client, Farwest
Developers to modify and/or clarify a particular portion of
the Findings of Fact that were passed by the City in
February of 1996 with respect to the phase of Salmon Rapids
Subdivision that was then known as Salmon Rapids No.3.
The pressurized irrigation system that serves Salmon Rapids
and Los Alamitos subdivisions has two sources of water.
There is a well in Salmon Rapids. Surface water comes out
of Hunters Lateral and goes to a pumping station. They
instructed the City Engineer to inquire with Water Resources
as to whether or not the City had any liability and the
upshot of it was to ultimately pass those Finding of Fact
that we referred to in February of 1996 and a portion of
those Findings required that the developer monitor this well
and neighboring wells. The portion that we seek tonight to
modify is the portion that is found on page fifteen and I'll
just read it and then I'll tell you what we'd like it
modified to.
The City Engineer requested a hydrologist to give the City
some sort of guidance on how to implement this well
monitoring and you have before you Mr. Edward Squire's
report. The City Engineer, Gary Smith had retained him and
asked him to issue his report. In his report he recommended
a slightly different monitoring schedule and I quote from
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
FARWEST DEVELOPERS - ANNEXATION AND ZONING
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that, "We recommend monthly monitoring of water level, total
production and discharge rate if pumping for the Goldsmith,
Babbitt and Shipley wells over the course of the year so
that the seasonal groundwater fluctuation can be quantified
and separated from possible interference affects and to
establish baseline water levels for the monitoring wells.
Once the data has been accumulated for a year monitoring
frequency of the observation wells could be relaxed to one
or two measurements per year. The Goldsmith well should be
measured monthly through the winter non-pumping season for
the first year (1996). Of particular importance are the
pre-irrigation season measurements taken in early March and
the end of season. Pumping water level measured in early
November for subsequent years only. The early March and
early November measurements should be necessary with no
winter measurements." I think it's the policy of this
Council to have developers turn over to the appropriate
irrigation district the pressurized irrigation system. We
have been trying to turn over this system to Nampa-Meridian
for the better part of a year. They have a few items on
their punch list but they refused to take this well because
they don't like the open ended well monitoring verbiage. I
had come before the Council and suggested that we lift these
in their entirety. The Council was somewhat sympathetic
because we need to get these things moved around so that we
can get the water system over to Nampa-Meridian.
Nampa-Meridian has indicated that if the well monitoring
language in the Findings of Fact is modified or amended to
have them replaced with Mr. Squire's recommendation with the
further caveat that they have a five year sunset clause,
they would then be comfortable taking over this well. The
pumping station that utilizes surface water was designed
with enough capacity to do all of Los Alamitos, all of
Salmon Rapids, all of Raven Hill, so there is more than
enough capacity. We have sufficient water rights. The
developer wants to get it over to Nampa-Meridian. This
subdivision has as a secondary source so that when the water
goes out of the ditches the homeowners have available to
them city water but they wouldn't have to use city water if
we could keep this well in production. It was at the City
Engineer's instance that we moved ahead with this request by
way of public hearing to modify the Findings of Fact in the
February 6, 1996 hearing to be amended to incorporate in
their place the recommendations of Mr. Squires as I've read
into the record.
b. Councilman Bentley stated: But is the entire
pressurized system is in and functional?
c. Gary Smith: I think there are issues that Nampa-
Meridian needs to have addressed before they will sign off
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
FARWEST DEVELOPERS - ANNEXATION AND ZONING
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on the system and totally accept it. I think that the pump
station that serves all three subdivisions is functional and
is in operation.
d. Councilman Rountree stated, ~So you're close to 2 CFS
with that expanded water right. So you have a water right
that's substantiated by Water Resources to use that water
anyway."
e. Brian McColl stated, ~That's correct."
f. John Shipley: If they don't want to monitor that any
more if they'd just put some kind of a bond forth if I've
got to spend money on my well to - that you know, if it
starts going dry that somebody else pays for re-putting the
pump in there. If they don't want to monitor anymore maybe
they can pay for putting a new well in on me that's deeper.
I irrigate with surface water.
g. Chad Inmen: Inmen I do feel for Mr. Shipley.
h. Councilman Anderson: Nampa-Meridian has said that they
would prefer that the monitoring requirement be as found by
the hydrologist and the hydrologist talks about looking at
it at the beginning of the season and at the end of the
season. I think at this point we probably should defer to
their expertise.
i. Gary Smith: Since Nampa-Meridian is involved in taking
the system for the three subdivisions, operating and
maintaining it and this well is an intrical part of that
system then that was my interest too was to see that that
well went along with the rest of the system for Nampa-
Meridian's operation and ownership.
39. That the report of Edward Squires is attached hereto.
40. That proper notice was given as required by law and all
procedures before the City Council were given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
16
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CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the Ci ty of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
3. That the City Council has judged this annexation and
zoning application under Section 50-222, Idaho Code, Title 67,
Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian
Comprehensive Plan, as amended, and the record submitted to it and
things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the City Council may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the annexation is contiguous to the
present City limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7 . That the annexation application has been initiated by
the Applicant with the consent of the titled owners and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
17
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annexation is not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to development time
schedules and requirements, and 11-9-605 M. which pertains to the
tiling of ditches and waterways.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
11. That the requirements of the Meridian City Engineer's
office, including those specifically stated in its comments and
those stated herein in these Findings and Conclusions, and of the
Nampa & Meridian Irrigation District, Meridian Fire Department, U.
S . West, and the comments of the Meridian Planning and Zoning
Director shall be met and addressed in a development Agreement
which has now been done.
12. That all ditches, canals, and waterways, including the
Eight Mile Lateral, shall be tiled as a condition of annexation;
that a variance was granted for tiling of the Eight Mile Lateral in
Phase 1 provided the di tch is fenced wi th chain link or wrought
iron fence on both sides of the right-af-way and if not done the
property shall be subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
18
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13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition
of annexation, the Applicant shall be required to enter into a
development agreement as authorized by 11-2-416 Land 11-2-417 D;
that the development agreement shall address the inclusion into the
subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M
and the comments of the Planning and Zoning Director, Shari Stiles.
That the development agreement shall, as a condition of
annexation, require that the Applicant, or if required, any
assigns, heirs, executors or personal representatives, pay, when
required, any impact, development, or transfer fee, adopted by the
City; that there shall be no annexation until the requirements of
this paragraph are met or, if necessary, the property shall be
subject to de-annexation and loss of City services, if the
requirements of this paragraph are not met.
14. That the original Conclusions of Law stated as follows:
"That since Marty Goldsmith stated that Salmon Rapids has the
same well issues as Los Alamitos Subdivision, if the land has
surface water rights, those rights should be used for
pressurized irrigation, and that since Applicant is now using
well water from one well for pressurized irrigation in prior
phases of this subdivision, and for Los Alamitos Subdivision,
it shall monitor its well, its use and water level, to
ascertain the impact of its use of well water for pressurized
irrigation on wells located on adjacent property; that
Applicant shall obtain approval from the City for all
moni taring equipment, method and means to perform the well
monitoring; that the monitoring shall be performed bi-weekly
during the months of April, May, June, July, August, September
and October; that Applicant shall approach two adjacent land
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
FARWEST DEVELOPERS - ANNEXATION AND ZONING
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owners, if possible, to obtain permission to monitor their
wells on the same bi-weekly schedule; that the only proof that
two adjacent land owners are not willing to have their wells
monitored shall be signed and notarized affidavits from all
lot owners adj acent to the subdivision that they will not
allow such monitoring; that two such adjacent wells shall be
monitored, but if two adjacent lot owners are not willing to
have their wells monitored Applicant shall request the City to
determine how the wells in the area shall then be monitored;
that this monitoring of the wells shall go on until wells are
no longer used for pressurized irrigation and shall also be
addressed in the Development Agreement; that the Applicant
shall also annually provide the well monitoring information to
the State of Idaho, Department of Water Resources, and have it
determine, if possible, the impacts on the ground water of
Applicant's use of well water for pressurized irrigation;
Applicant shall have the Department of Water Resources furnish
the City a copy of their annual report; Applicant shall pay
all cost of the well monitoring and of the Department of Water
Resources."
15. That due to the Application, the Public Hearing, and the
testimony submitted, on Applicant's request to Amend the Findings
of Fact and Conclusions of Law, it is now also Concluded as
follows:
That the well monitoring, initially required monthly, shall be
reduced to two times per year, once in early March and once in
early November, as suggested by Edward Squires in his report
dated September 11, 1996., which is incorporated herein as if
set forth in full.
16. That the house size requirements for the R-4 district
of 1,400 square feet shall be followed and complied with, except if
the home is within 500 square feet of Meridians Greens Subdivision
then the minimum size house shall be 1,500 square feet; that homes
wi thin 500 feet of Meridian Greens Subdivision shall have wood
shingle roofs; the
Applicant shall extend the guard rail along
Locust Grove Road the number of feet recommended by the Ada County
Highway District (ACHD); that it was the understanding of the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
20
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Council that ACHD would provide the materials for the guard rail
and inspect it; that Applicant shall provide the rail and Applicant
shall post a completion bond for 110% of the value of the work, as
determined by ACHD, to complete the guard rail.
17. That proper and adequate access to the property is
available and will have to be maintained; that access to and from
the adjacent property owners will have to be worked out and
included in the development agreement, or the property will not be
annexed or, if annexed, it will be de-annexed.
18. That these conditions shall run with the land and bind
the applicant, the titled owner, and his assigns.
19. With compliance of the conditions contained herein, the
annexation and zoning of R-4 Residential , with 1, 400 square foot
minimum sized houses, would be in the best interest of the City of
Meridian.
20. That if these conditions of approval are not met the
property shall be subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
21
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Ci ty Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN BIRD
VOTED
COUNCILMAN BENTLEY
VOTED
VOTED~
VOTED~
VOTED
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
MAYOR CORRIE (TIE BREAKER)
DECISION
The City Council of the City of Meridian hereby decides on
approval of the annexation and zoning as already done for the
property described in the application with the conditions set forth
in the Findings of Fact and Conclusions of Law, and those stated
herein, including that the minimum house size shall be 1,400 square
feet, except if the homes would be within 500 feet of homes in
Meridian Greens Subdivision then the minimum size house shall be
1,500 square feet, that surface water shall be used for pressurized
irrigation, if possible, that Applicant shall extend the guard rail
along Locust Grove Road the number of feet recommended by the Ada
County Highway District (ACHD); that it was the understanding of
the City Council that ACHD would provide the materials for the
guard rail and inspect it; that Applicant shall provide the rail
and Applicant shall post a completion bond for 110% of the value of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
22
the work to complete the guard rail; that Applicant shall meet the
provisions of the Conclusions of Law regarding monitoring of wells
two times per year, once in early March and once in early November,
specifically comply with Section 11-9-605 G 1. regarding planting
strips being a minimum of twenty feet (20') wide and not be a part
of the street right of way or utility easement, tile all ditches,
canals and waterways, as required and if not yet completed, all as
a condition of annexation and that the Applicant meet all of the
Ordinances of the City of Meridian, specifically including the
development time requirements and entering into the required
development agreement, which has been done at the time of adoption
of these Second Amended Findings of Fact and Conclusions of Law,
and that if the conditions are not met that the property be de-
annexed.
MOTION:
APPROVED:
DISAPPROVED :
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - ANNEXATION AND ZONING
23
BEFORE THE MERIDIAN CITY COUNCIL
SUSAN EHTESHAMI
CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY
875 W. FRANKLIN ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above enti tIed matter having come on for public hearing
before the Meridian Planning and Zoning Corrunission on March 10,
1998, and before the Meridian City Council on May 5, 1998, at the
hour of 7:30 o'clock p.m., the Applicant, appearing through its
representative, John Cook, the City Council of the City of Meridian
having duly considered the evidence and the matter makes the
following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. A notice of a public hearing on the application for the
conditional use permit was published for two (2) consecutive weeks
prior to the Planning and Zoning Commission public hearing
scheduled on March 10, 1998, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the March 10, 1998 hearing; a notice of a public
hearing on the application for the conditional use permit was
published for two (2) consecutive weeks prior to said City Council
public hearing scheduled for May 5, 1998, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 1
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
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was duly considered at the May 5, 1998, that the public was given
full opportunity to express comments and submit evidence; and that
copies of all notices were available to newspaper, radio and
television stations.
2. The property is located within the City of Meridian the
address is listed in the application as 875 W. Franklin Avenue. The
property is described in the application for a conditional use
permit, which description is incorporated herein as if set forth in
full. The Applicant is not the owner of record of the property.
The owner of record is Mr . Gray Wolfe, who will construct the
building and lease it to the applicant.
3. Pursuant to the application, the property is presently
zoned as R-15, Medium High Density Residential District. The
proposed use of the property is to operate a child care center. The
Applicant presented a site plan depicting the location of the
proposed use. Further, pursuant to the application, the Applicant
agrees to pay any additional sewer, water or trash fees or charges,
if any, associated with the use, whether that use be residential,
commercial or industrial.
4. John Cook, representative for the applicant, testified
substantially at follows at the public hearing. He noted that he
represents Susan Ehteshami, and they are looking at developing
this parcel in conjunction with Gray Wolfe who is the owner of
the parcel. They will be leasing and building from the owner of
the property. They are proposing to develop a facility for child
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
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care, which will measure 80 x 80. He noted that the original
document, had a building that was 60 x 80, and they submitted an
amended building floor plan, elevations, and a site plan. He
noted that the site plan included several revisions after they
got into a little more finite design with ACHD. Mr. Cook noted
that it was important that they realign the street that's been
proposed by ACHD, and their curb cut along Franklin Road. They
are looking at a child care facility that would have up to 150
children. They are looking at a staff level of 10. The hours of
operation will be 7:00 in the morning until 6:00 in the evening.
They are looking at a structure which would be wood frame, roof
crests, stucco finishes. The theme is a dreamland character,
which they have given some study elevations. They are looking at
building with a 14'6" height, and there would be conical corner
features in the design format. The roof will be shake to go along
with pastel colors in the facility. They are looking at
designing the site to accommodate the adjacent location placement
next to the subdivision to the west. They are now proposing to
put a screening of a very tall juniper type of shrubbery
throughout the site. They would like to add to the trees that
they have got shown and add some shrubbery in around the parking
planted areas. They have parking for 26, this is an adjustment
because of the expanded building site, which went from 60 feet
depth to an 80 foot depth. They are looking at a drive through
use on the site. That was basiGally a functional item as far as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
the drop off of the children. They have two parking stalls for
van parking. They are proposing building lighting which would be
basically an area lighting for parking to go beyond the parking
limits. They are looking at sidewalks for access, the perimeter
of the site. They are also proposing on the back of the building
a covered enclosed children's equipment area. Much like what
they have at a McDonald's or the Burger King, with their enclosed
play areas. That play area is designed to have a controlled
area. Mr. Cook noted that there has been quite a bit of
notoriety as far children playgrounds adjacent to streets. They
chose to design the site so that there would be a playground area
as far away from the main roadway. They are proposing a five to
six foot high fence around the enclosed playground area. The
front areas will get into compliance on the covenants which would
be in regards to Mr. Wolf's requirements as far as signage, as
far as the types of fencing that is going to be allowed in the
development. They are looking at developing their own landscape
package within the property perimeter. But they understand that
landscaping along Franklin Road has special requirements for the
developer to berm landscape and that sort of thing. He noted
that ACHD has recommended that they put in a right in only in
this application. He noted that they are working with Karen
Gallager down at ACHD and there seems to be discussion as far as
functionality, which may allow for a right out only rather than a
right in with one way traffic. He noted that the applicant would
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SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
like the commission to consider that as a possibility. They are
proposing a building of around 6400 square feet.
5. Commissioner Smith noted that if you got a right out
only as the plan is configured, ~that means you're dropping the
kids off on the far side of the carH. They are going to have to
walk around the car into the building because of the direction of
the driveway traffic. Commissioner Smith noted ~I've been by the
site and I have analyzed what you are doing with the site design.
I don't understand the right out only concept at all. What are
they trying to get at with not allowing you to make a right turn
into this site there and drive through and drop the kids off on
the right hand side of the vehicle closest to the building?" Mr.
Cook noted that ~some of the perimeters that I have designed of
the facilities are one to drop off the children in an area that
you've got controlled access and speed of traffic and that sort
of thing. Secondly, over 50% of parents and children literally
park in a parking stall and if it's an infant or a young child,
that parent goes in and checks in the child. The only time you
really have a drop off are kindergarten, five and six, and I
understand your concern on that. Because it is a parking area,
and you do have a controlled flow access in there. It allows
very controlled parking drop off situation. Each child care
facility has a different attitude about drop off. More often
than not, that parent will park the car and walk the child in."
Commissioner Smith noted "That would be my perception of it,
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SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
but if there is any consideration given to drop off, this just
seems to be the opposite way that you would want to do it,
because as you well know with a straight in parking here, and a
25 foot driveway, you get two way traffic there. If you are
going in and entering from the east and driving across, the kids
are going to be crossing that traffic coming the other way. I
don't want to belabor that any more. I don't agree with the
right out only concept on the site. I think there should be a
two way access there." Mr. Cook noted that the original
application had two way driveway.
6. Commissioner Smith inquired ~What is a wood/vinyl
fence?" Mr. Cook responded "Well what we're looking at is the
covenants to the development will most likely call for a
decorative fence. And would probably be a vinyl clad metal - a
decorative type of fencing along the main boulevard of the new
street, and then the balance of the play yard would either be a
wood fence or a chain link.H
Commissioner Smith noted "And then it looks like, of course
we don't have the rest of the development laid out here, but it
looks like on the east side of the property here we have what's
going to be a main access into the development not only for the
child care, but for the other.fl Mr. Cook noted the access point
had been determined by ACHD he thought he had some prerogative
there. Commissioner Smith noted "I'm not debating the location,
all I'm saying you know you talkeq about putting the playground
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at the back of the site away from Franklin, and it would probably
be nice to - that landscape area if you plant that as heavily as
possible and screen that, because this is going to be a main
ingress and egress to this whole development and the more
screening that can be done between the playground and that drive
would be beneficial even if there's room to berm that, and I did
note those trees on there. And then you made reference to the
building height, but there was some pretty tall spires and things
that I didn't have any heights on." Mr. Cook noted that he put
the heights on there in case there were questions and it is
thirty one feet.
7. Commissioner Smith inquired ~You say this is going to
be a Drivit?fl Mr. Cook responded ~I would probably go all wood
frame, sheath and a Drivit stucco finish." Commissioner Smith
inquired about the colors of the building and the roof. Mr.Cook
noted ~We're looking at soft sandstone colors. Soft pastel, real
light colors, probably an accent band or two. Roof colors
probably in the areas of either browns, probably dark so we have
a sense of roof rather than something light. We are going to
need the contrast as far as architectural feature."
Commissioner Smith inquired whether the cones would be just
decorative or would they be accessible. Mr. Cook noted that they
would be decorative and they are strictly for character,
specialized character of the building. They would be non-
accessible. Commissioner Smith wanted to know the location for
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all the mechanical equipment. Mr. Cook noted it would be on the
roof top. He went on to note that it has been his experience to
set mechanical equipment toward the center of a building.
Commissioner Smith noted his concern that it was screened from
adjacent properties.
Commissioner Smith noted that a particular hallway in the
proposed plan appeared to be narrow. Mr. Cook noted ~At lease
four feet. It's going to be at least four feet, and we're
looking at that. That's going to be a main corridor to go back
to the covered playground equipment area. There's a possibility
we may add to that because of the length of the hall."
Commissioner Smith wanted a clarification that what was
meant was adding to the width of the hall. Mr. Cook noted that
was what he meant.
8. Commissioner Borup inquired about the drive through and
if that was intended for a drop off area. He noted that it looks
like there is no drop off area where a car could pull in out of
the way but maybe they are anticipating most of them will be
parking and bringing the children inside.
Commissioner Borup inquired about the ratio of adults to
children. Mr. Cook deferred the answer to Mrs. Ehteshami when she
addresses the Commission.
9. Commissioner MacCoy inquired about the location and
height of the monument sign. Mr. Cook noted that they were
looking at seven feet, but would probably entertain any
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recommendation from the commission. Commissioner Maccoy noted
that the building will be what people see not the sign. He then
inquired whether the sign would be illuminated. Mr. Cook noted
"If anything probably a ground mounted light shining on it."
Commissioner MacCoy inquired whether the building will be lit.
Mr. Cook noted that they would highlight the building and in the
parking areas, they have special halogen lights that shine out
and they create a light perimeter, and it's the parking lot. It
doesn't get out into the neighbors. He noted that he put that on
several commercial buildings in the last year.
Commissioner Maccoy then stated "They are good lights. Your
fenced in back area, I noticed you got two gates out of the area,
besides going back in the building. Just a question about, I'm
sure there are going to be lockable gates. They should be child
proof."
Mr. Cook stated "Probably will have cipher locks and as my
discussion with the fire marshal, he's going to require a special
gate that's got basically a cable in which the fire department
cuts the cable. That's the only in and out. And they require an
access gate, so that will be added to the project. I just found
out about that today."
Commissioner Nelson stated "I just might make a few
comments. Maybe for the benefit of the council members." ~As
far as the drive through on the parking, with the current
security in most day cares, you generally have to physically sign
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in your child. There is no dropping them off and then go in.
Only exception being probably school drop off from a bus. So for
me dropping off kids, it'd probably be nice to have it one way,
because when I pick up the kids at 5:00, it's chaos. I'd kind of
like to see an organized pattern. Organize the chaos. Usually
the only one that parks in the front door is the Porsche. And
then as far as the floor plan, I was going to comment to the
owner that this lobby area is what - - looks like you got a check
in and gates on either side with a reception area. That's
exactly what we prefer to see at the day care, but the only thing
that I didn't like about this whole plan was this very long
narrow hallway and fifteen screaming three year aIds in that
hallway would kill me."
Mr. Cook noted that what thy want to do is create a tunnel
well lit and it will feel like a dark cave. Commissioner Nelson
noted that he liked the design and it fills a need for the City
of Meridian.
10. Commissioner Smith inquired as to why the trash
enclosure was up so close to Franklin Road as opposed to being
further back on the side of this parking on the west side of the
building. Mr. Cook noted that the architect would prefer to have
it all the way to the back corner, but the access for pick up,
they always have a problem with browning grass. They have to
have access. They don't get out and move those dumpsters. They
just get out and man handle them, and you've got to have them so
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their rig can go in the perpendicular. He noted that it is just
a strictly mechanical arrangement for pick up and delivery. They
can make that another nice facility as far as character.
Commissioner Smith noted ~Well I think the trash enclosure
needs to be a concrete block structure just from the durability
standpoint with their trucks and banging the dumpsters around and
just actually screening unless you've got a symbol indicated on
the plan, it's the same symbol as your wood/vinyl fencing. So is
the trash enclosure width that such that a truck could pull and
just pick the dumpster up right straight on without having to
pull it out?"
Mr. Cook stated ~Yeah, what we'd probably do and which I
have done it like this, we create a three sided block structure
with a chain link front on it, slants. And they just open that
up, and we can create some of the same architectural feature on
the surrounding three walls and that's worked out very well."
Commissioner Smith noted that he would like to see the trash
enclosure towards the back of the building.
11. Elaine Estacio 232 S. Outfield Way was sworn by the
City Attorney.
Mrs. Estacio stated, ~I'm not here to say that we do not
need day care in Meridian. We definitely do. My only concern is
I do live behind this proposed business, and although I do know
it is an R-15, we probably will have some businesses going in
there. My back bedroom is going to be where I can see this, and
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I'd like to know a little more about this lighting and what kind
of hours this light will be on. If it will be on the evenings
too, weekends, and things like that. It will be only under
operation. I understand it does go down, but still a building of
that size does concern me a little bit about how bright it's
going to be at nighttime for my children and myself to fail to
get any sleep. I guess my other only concern is this is an
extremely large facility. 150 Children, that is an awful lot.
Noise concerns me. I know you are in a commercial area, but you
are right beside R-14 residential areas. I'd like to know a
little more how we're going to control some noise of 150
children. That's a pretty good size -school, and I just wanted to
voice my concerns about that." Commissioner Borup inquired
whether Mrs. Estacio has looked at the plat to see where her lot
is in relation to this project. Mrs. Estacio said yes and she is
concerned about lights shining in her bedroom and the traffic on
Franklin Road. She would like to see some sort of a barrier put
up to alleviate some of her concerns.
12. Larry Embury 948 Crest Wood Drive was sworn by the City
Attorney.
Mr. Embury noted ~We live directly to the west of where
this facility is proposed, and at first we thought would be very
nice because it would be better than an all night sports bar or
an auto body place, somebody working on cars. I deal with sound,
and I believe that if you contained sound, you have more sound.
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It's only contained, and so if you put up any barriers, then you
just make the sound even louder, and it's going to be pretty loud
with 150 children or that many. Franklin Road is proposed to be
widened, but right now Franklin Road cannot take any more
traffic, and if you have somebody making a left turn to get into
the facility to pick up a child, that's going to stop traffic.
Your only about 60 feet if that to 7th Avenue, and so the left
turn as you go west is going to be a real problem. If they could
just go across the street where there's lots of property, and an
auto body shop SO they can make all the noise they want, that's
fine. But their fence backs right up to our houses. And the
other part of - - the pick up for trash, it would be very
offensive, and we deal with the hot summer days and we have a
trash pick up once a week. I speak for the Taylors who are on
this - they live there at eleven. Our plat is ten and nine right
next to us is Mr. Mowrey who is sitting with me. We have not
seen any diagrams or anything. The only thing we received is -
which isn't even completed. It doesn't show Crestford going
through and it's been gone through now for four years, so this is
an old plat map. Plus we don't know
this is an easement in
here which very very tiny but that's where the telephone company
has an easement going in and that's our property. And so - - but
we have not seen anything, we would ask that this be postponed
until we can see some drawings, some architectural drawings.
Thirty feet is too high. And it would cut out light into our
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property for growing in the garden and it's just not nice."
13. Gene Mowrey 958 Crest Wood was sworn by the City
Attorney.
Mr. Mowrey stated ~I'm the neighbor right to the west across
the fence at the north end of the fence line. One thing we
wanted to be sure of, is that as Larry talked about this
easement, this utility easement. It extends about ten feet
beyond our fence. So they can't come in against our fence.
There has to be that easement left in there, and that's an awful
lot of kids to have in a playground in an area like ours. I live
alone right now and I'm not bothered too much. I do have a
little Dachshund, she's just been going crazy with that
construction out there the last couple of weeks. I may have to
do something about that. That's all I have.
Mr. Cook noted that he would like to address some of the
adjoining neighbors concerns. He noted that the operation hours
will be 7:00 A.M. to 6:00 P.M. There is no evening shift. Staff
will get there a half hour, forty five minutes before opening.
So 7:00 A.M. to 6:00 P.M. Lights would be turned off the
facility. It's not going to be one of those kind of things like
drive in and out where they leave them on for advertisement.
Children when they go into a playground it will be staged.
Recess will be done in stages and they will go out in small
groups, so instructors, teachers can work with them, and be able
to manage them. They will never at anyone time have all 150
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children out there. They may have 50 out of the 150, and that
would be a large function that had a multi age group for instance
entertainment brought outside. It's not very likely that they
are going to have any more than 30 to 50 at one time. The
children, when they are playing it's one of the areas where
management control behavior. They are going to be coming in
there with a landscape package. They do have their own fencing
which is required around playgrounds a ten foot off set off the
existing property lines, and then that interim area between
building fence and the existing fence we would put tree
landscaping in. Along the parking lot, they will have a seven
foot planter. They are looking at putting a conical juniper
shrub which will grow to at least 15 to 18 foot height over a
seven eight year period and they can bring in juniper of a
moderate scale. They are willing to make that part of the
condition to going in with the project. Sound buffer,
landscaping will do a lot. Mr. Cook noted ~I think a lot of it
has to do with the facility management. Trash enclosures, we
appreciate the comment on that. I never really thought about
what it would be like to have a dumpster in my immediate
backyard. We'll take that into consideration, and see if we can
get that relocated. Utility easements, along the fence line. I
was aware that there was a utility easement and I was told that I
couldn't construct in it, so I held my planting buffer in that
easement. We might want to take a look and see what we have to
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do there as far as our plantings. And like I say, the main
easement across the frontage of Franklin is where all the main
utilities, water, sewer, telephone, everything out there. The
main easement's there, so what we're talking about is an easement
usually in development when we start running water, sewer, varied
power in the development, we got that two or three feet just
behind the sidewalk, one side of the street or the other which
will be a main utility, and the other one may. very well be
vacated if it's not in use, so we'll take a look at developer on
that."
14. Commissioner Smith stated his concern over the trash
dumpster issue. He stated ~The trash dumpster location, well,
there's a couple of site planning issues here. When you were
going through this site design process here, did you ever look at
these fifteen stalls that are on the west side of the property.
Did you ever look at them being accessed off of this drive here
and locate them over here?
Mr. Cook responded ~Basically you are aware of the issue
that they do have? We didn't really want to set that building
right against the back of."
Commissioner Smith noted "And I
looked at that, and I don't know that you'd really need to shift
the building all that much. I'm just - because of the hours of
operation, I don't know I guess I'm just looking for a ways to
create some more screening along this property line given the
fact that these are single family homes over here." Mr. Cook
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noted "That's staff parking and they are going to take up most of
that along there." Commissioner Smith noted ~Right, bu~ I'm just
thinking if we get some nice landscaping over here and such that
it's not quite the same impact from a number of issues on these
property owners. If it's over here and accessed off of this
drive.
Mr. Cook noted U!'m trying to get a parking arrangement to
work and having the stalls and the back up, I was always three or
four feet short in my layouts."
Commissioner Smith noted ~And this dumpster, even if it
moved down here, it'd still be along this property line, this
west property line. So why not move it over here. If it's got
to be in front of the site, put it over in the middle of Mr.
Wolfe's development instead of right against his neighbors, and
that's why I was asking about the meals that are being served,
you know I wouldn't want to have that in my backyard either, and
if it could move over here, maybe that's a better spot for it."
Mr. Cook noted ~The ration is one to twelve for under
kindergarten, and kindergarten and school age would be one to
eighteen. And the children would bring in their own home carried
lunches. There would be a possibility I think of catered food
items for those who don't. If I heard you correctly that there
would be prepared meals for those who make special arrangements"
15. Bruce Freckleton, Assistant to the City Engineer,
submitted comments, which respective comments are incorporated
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herein as if set forth in full.
16. At the City Council public hearing some of the people
that testified before the Planning and Zoning Commission also
testified before the City Council and other people also testified.
Not all of the testimony submitted before the City Council will be
addressed herein but reference will be made to all those people who
did- testify. Their testimony is summarized as follows, to wit:
John Cook stated in part as follows: The applicant has
commissioned our office to design and develop a child care
facility, Dreamland Education Center. The project is comprised
of a single structure 80x80 to give you 6400 square feet and
attached to the building is a covered playground equipment area,
it's 32x40. There will be 24 parking spaces. The facility is
going in for licensure of up to 150 children. We're looking at
the site being landscaped and one item that was brought up during
our Planning and Zoning Commission hearing was adequate
landscaping to buffer the adjacent residential area.
We're looking in the new site development plan of relocating
the enclosed trash enclosure.
The playground area will be
enclosed with 6-foot high fence that will be kept locked as far
as fence and gate, the building itself will have sidewalks around
it. The landscape plan that we've got in our application here
has landscaping adjacent to the building to soften the
architecture. There will be fairly high ceilings on the inside,
ten foot ceilings.
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Clarence Embury stated in part as follows: A hundred and
fifty cars would go in there to drop off children. You've got
heavy traffic on Franklin Road. The property is zoned for
housing not for commercial. They will have to put in stop lights
to control the traffic on Franklin and into this business. It's
not a good location. It should be on another street someplace
where it isn't a five lane highway. They will have to put
stoplights in. I don't thing it's the proper place.
Gene Malory stated in part as follow: It has a R-15 rating.
We worry about the traffic and the noise. We had a lot of
worries about where they're going to put the dirty diapers for a
week.
Kathy Secoli stated in part as follows: I'm here as a
concerned parent. The only thing that I'm hearing here is
traffic and I feel that Franklin Road is going to be busy anyway.
One hundred and fifty or a hundred and sixty cars aren't going to
be coming all at once. It's only in the morning and in the
afternoon that the traffic's going to be there. It's not going
to be all day. The City of Meridian really does need a good
quality child care center.
Mabel Embury stated in part as follows: It is our last home
I'm sure. It's our life savings and our backyard will be right
beside where those little children are going to play. Little
children are noisy and that's where we'll be right next to a
facility. When we bought that it was residential and I
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understood it would be residential.
Elaine Estacio stated in part as follows: If anybody has any
objections to Meridian getting a new daycare facility they
obviously don't know the frustrations we as parents face trying
to find good care for our children. We have only 47 licensed day
cares in Meridian, six of which are out of the city limits, 27 of
which care for less than 184 children which leaves the balance of
14 day care centers to care for all the rest of our children. I
believe having daycare close and near my home is to my
neighborhood's benefit.
As for traffic, well I can't see parents that are already
driving down Franklin Road headed to work stopping to drop their
children off adding that much more to the traffic. The owners of
this facility have done everything they can to accommodate
everyone's concerns and as a state-licensed facility they will
face scrutinizing from every department as long as they are open.
Something is going into this vacant lot eventually
Angie DeGrange stated in partas follows: I just wanted to
give my support to this child care facility. For after-school
latch key children there is a year's waiting list at this time
which means that I cannot relocate and move over here for
employment until I can find a place for my son. I understand
that this is going to be an educational center which is going to
offer programs for children that need to be doing all the time.
I am definitely in support of this.
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Susan Ehteshami stated in part as follows: I'd like to
apologize to Mr. & Mrs. Embury for inconveniencing them. We have
put in an indoor playground area so when the kids are in need of
some activities they can play in the indoor playground area and
that's not to say that the kids are never going to be outside.
There are going to be times, if the weather cooperates, teachers
will take the kids outside and they will be supervised so the
kids don1t get overly loud. We really have tried to address the
concerns and if there's anything else you would like to have us
change werre more than willing to go ahead and make the changes
but really our kid's they need a good day care. From what I
understand in R-15 you can put in fifteen homes per acre, this is
about I think 5 ~-6 acres so that can easily add 150-160 cars
traveling that route so I'm really asking you to please consider
approving this proposal for the people of Meridian.
There was a problem with the garbage and we were careless in
placing it where we had placed it to begin with. We moved it as
far away as we could from the residentials. Meridian Sanitation
said they can have pick-up six days a week if we pay the
additional charges which we're willing to do.
Sandy Berry stated in part as follows: I'm another concerned
parent. I live in Middleton but I work in Meridian. I'd like my
kids near me so they're not so far away. I'm in support of it.
A lot of the day care centers are on the other end of town and
you know if you go down First Street it's getting harder and
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harder to get to the other end of town so I'm really in favor of
one on Franklin.
Ryan Howell stated in part as follows: I would like to lend
my support also to these people and their efforts to build a
quality child care facility in this good neighborhood that we
live in. I would like to vouch for the character of the owners.
Lana McDonald stated in part as follows: I am a very
concerned parent with a child in Meridian. I would like to be
able to go to work knowing my child is well cared for in a good
facility. I'm in support of it.
John Cook stated again in part as follows: Right now we have
got a free standing monument sign. A sign that would be four
feet high, seven foot long and that includes the graphic
caricature of a castle motif to go along with the signage. If
there needs to be an amendment to the signage we'll address that.
My experience in child care facilities they have to go for a
license at the state and usually it's a two-thirds occupancy and
that allows for a few drop ins on an intermittent basis, that's
been my experience.
Gary Smith stated in part as follow: There is no sewer in
Franklin Road at this time. It is to be constructed as part of
the re-construction of Franklin Road. Right now there is no
sewer available on Franklin Road. Water does exist on the north
side of Franklin Road, sewer exists inside the subdivision to the
west of this site and to the east in the Franklin Square
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Subdivision.
17. The Meridian Fire Department, Meridian Police
Department, Meridian Sewer Department, Meridian Water Department,
Central District Health Department and Nampa & Meridian Irrigation
District, Ada County Highway District submitted comments, which
respective comments are incorporated herein as if set forth in
full.
18. There was no further testimony given at the hearing.
CONCLUSIONS OF lAW
1. All the procedural requirements of the Local Planning
Act and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property wi thin 300
feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-
418 of the Zoning and Development Ordinance of the City of
Meridian.
3. The City has the authority to take judicial notice of
its own ordinances, other governmental statutes and ordinances, and
of actual conditions existing within the City and the State.
4. The property is currently zoned (R-15) Medium High
Density Residential District.
The (R-15), Medium High Density
Residential District is described in the Zoning Ordinance, 11-2-408
B 5 as follows:
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(R-15) Medium High Density Residential District - The purpose
of the (R-15) District is to permit the establishment of medium-
high density single-family attached and multi-family dwellings at a
density not exceeding fifteen (15) dwelling units per acre. All
such districts must have direct access to a transportation arterial
or collector, abut or have direct access to a park or open space
corridor, and be connected to the Municipal Water and Sewer systems
of the City of Meridian. The predominant housing types in this
district will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and condominiums.
5. Conditional Use Permit is defined in the Zoning And
Development Ordinance, City of Meridian, Idaho as follows: "Permits
allowing an exception to the uses authorized by this Ordinance in a
zoning district."
6. The City of Meridian has authority to place conditions
on a conditional use permit and the use of the property pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
time period for which a conditional use may be in existence.
7. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance.
Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use
is granted, shall be deemed a violation of the Ordinance
and grounds to revoke the Conditional Use. The
Commission and Council may prescribe a set time period
for which a Conditional Use may be in existence.
8 . This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
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Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it may take judicial
notice.
9. Section 11-2-418 C of the Zoning and Development
Ordinance of the City of Meridian sets forth the standards under
which the Planning and Zoning Commission and the City Council shall
review applications for Conditional Use Permits. Upon a review of
those requirements and a review of the facts presented and the
conditions of the area, assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional
use and a condi tional use permi t would be required by
ordinance;
b. The use would be harmonious with and in accordance
with the Comprehensive Plan and this Ordinance;
c. The use is designed and is to be constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth
herein are complied with the use should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area;
d. The use will not be hazardous or disturbing to
existing or future neighboring uses if the conditional
permit is granted;
e. Sewer and water service is available, but the
Applicant may have to p.ay additional fees for the use;
f. The use would not create excessive additional
requirements at public cost for public facilities and
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services and the use would not be detrimental to the
economic welfare of the community;
g. The use may involve activity, process, material,
equipment or conditions of operation that would be
detrimental to person, property or the general welfare
by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
h. The use will have vehicular approaches to the
property, which as designed will not create an
interference with traffic on surrounding public streets;
i. The development of the property will not result in
the destruction, loss or damage of a natural or scenic
feature of major importance.
It is recommended that the conditional use permit be granted
in this case for the above reasons.
10. Conditions may be placed upon the granting of a
conditional use permit if it is determined that the permit should
be issued, to minimize adverse impact on other development. It is
recommended by the Planning and Zoning Commission that the
following conditions of granting the conditional use are required,
if a permit is issued, to wit:
a.
The conditional
Ordinance, shall
owner or lessor
another property;
use, pursuant to the Zoning
not be transferable to another
of the subject property or to
b. The Applicant shall meet the requirements of the
City Engineer's office, the Planning and Zoning
Administrator, Meridian Fire Department 1 Meridian
Police Department, Meridian Sewer Department,
Central District Health Department and Nampa &
Meridian Irrigation District and other governmental
agencies submitting comments;
c. The conditional use shall not be restricted to a
period of authorization but may be reviewed
annually, upon notice to the Applicant, for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
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violation of any conditions imposed herein;
d. All ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building
Code, Uniform Fire Code, Uniform Plumbing Code, the
Fire and Life Safety Codes, all parking and
landscaping requirements;
e. Handicap parking, associated signage and building
construction shall meet the requirements of the
Americans with Disabilities Act.
f. All signs must meet the requirements of the Uniform
Sign Code and the Meridian City Ordinance.
Flashing signs and temporary signs will not be
permitted. All signs are subject to review and
approval of the Planning and Zoning Department.
Sign permits are to be obtained prior to
construction. Upon three days notice to any
tenant, the City of Meridian will remove any
unauthorized signage.
9 . Applicant will provide a screened trash enclosure
per City Ordinance Section 11-2-414.A.3. The
applicant shall coordinate dumpster site locations
wi th the Ci ty' s solid waste contractor I Sani tary
Services, Inc. , locating dumpsters so as not to
impede fire access.
h. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. Graveled driveways, parking and
access are unacceptable. A drainage plan designed
by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City
Engineer for all off street parking areas. All
site drainage shall be contained and disposed of
on-site. All driveway and parking stall dimensions
shall comply with Meridian City Ordinance.
i. Assessment fees for water and sewer service are
determined during the building plan review process.
Applicant shall be required to comply with
pretreatment requirements as determined by the
Meridian Wastewater Department, and enter into an
Assessment Agreement with the City of Meridian.
j . The Applicant shall provide parking lot lighting
plans to the Meridian Public Works Department.
Illumination of the site shall be designed to not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
(
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cause glare or adversely impact neighboring
residential properties or the traveling public, as
determined by the City of Meridian.
k. Significant changes from the site plan approved
under this conditional use permit, as determined by
the Planning and Zoning Administrator, will require
re-noticing and rehearing before the Planning and
Zoning Commission and Council.
11. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
12. It is recommended that if the Applicant meets the
conditions stated above that the conditional use permit be granted
to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN BENTLEY
VOTED
COUNCILMAN BIRD
VOTED
COUNCILMAN ANDERSON
VOTED
COUNCILMAN ROUNTREE
VOTED
MAYOR CORRIE (TIE BREAKER)
VOTED
DECISION
The Meridian City Council hereby decides that the Conditional
Use Permit requested by the Applicant for the property described in
the Application is approved with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the property be
required to meet the water and sewer requirements, the Fire and
Life Safety Codes, Uniform Fire Code, parking requirements, and the
paving and landscaping requirements, and all Ordinances of the City
of Meridian.
The conditional use shall be subject to review upon
notice to the Applicant by the City.
MOTION: ~
APPROVED: ~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29
SUSAN EHTESHAMI - CONDITIONAL USE PERMIT
DRAFT 5-14-98
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Edward Squires
HYdrogeoIogist
1530 Knights Drive, Boise, TO 83712 (208) 342-8369
Mr. Gary D. Sm~th, P.E.
City of Meridian
33 East Idaho
Meridian) Idaho 83642
I 1 Septemberll 1996
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I have looked into the circumstances surrounding the Goldsmith well to be used
for pressurized irrigation oIllie Salmon Rapids and Los Alamitos Subdivisions. We have
coordinated with Mike Teschner, ofMtrt. Landscaping, to investigate the weB and to
recommend n monitoring plan for the w~lI as required by the Meridian City Council. It is
our understanding that Mtn. Landscaping is representing the developer, Marty
Goldsmith, of Far West Development.
Dcar Gary~
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SUlnnlsry
Details of well construction and production history are incomplete for the
uGoldsmith" well. Available data suggest that the well is relatively shallow and may be
in hydraulic connection with surface water Sources. The well is not difficult to measure
under pumping or non-pumping conditions and is equipped adequately for measuring
water-level, flow rate, and total production. The nearby Babbitt and Shipley wells have
been selected as observation wells to measure possible interference effects from .
Goldsmith well pumping. The two wells are of similar depth, are in close proximity to
the Goldsmith well, and are owned by the two most interested parties to the dispute. A
monthly monitoring program has been recommended for the first year to obtain baseline
data. The frequency of measurements should be re-evaluated after year one and probably
reduced. It is unlikely that the Goldsmith well will cause adverse effects to loc~ area
water levels, however, total gallons pumped must be reported to evaluate conditioned
restrictions of the water right. Mtn. Landscaping has the necessary experience and
equipment to obtain.the necessary measurements to be reported to City of Meridian.
History
There is not a Driller's Record on file with the Idaho Department of Water
Resources which matches the location or size of the 8-inch diameter irrigation well,
hereinafter referred to as the "Goldsmith" well. The well has reportedly been in existence
for many years and had been previously used to irrigate the croplands surrounding the
Well. Water Right 63- 02968 is associated with the well and has a priority dote of 1953
for irrigation of23 aCres. The original Right, under the name afThomas P. Gray, is
volum,etrically limited to 103.5 acre feet per annum and has a rate offIow restriction of
.46 cubic feet per second.(206.44 gpm). Period orUse is from March IS-ta-Nov. IS.
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T~~s. Water Right is a "supplemental" right which is to say that it may be used as a "back-
~p In years when surface Water rights may not be available or are re~u~ed. The
suppl~me~tal nature of the original right is associated 'Nith the way in'which the Water
was ~l~tonCa1ly used. A Transfer of Water Right. approved June 22, 1995, is fOrmally
condItIoned that the new owner, Far West Development, shall use their full allotment of
surface water rights prior to use of groundwater rights.
A neighbor, Gene Babbitt, recalled that, "the Goldsmith well Wf13 driUe'd in 1964
for the landowner, Jerry McDermott, who farmed 50 acres using a combination of canal
water and groundwater from the well". Babbitt thought the weB was originally drilled to
130 feet by Randall Drilling of Meridian. Although DarreIl Randall did drill many of the
locnl area weUs, there is not a record of an 8-inch McDermott well in the IDWR files. It
is not entirely clear whether this is the original well drilled in the 1950' s, if this is a
replacement weB drilled by McDermott, or if the well was driIled more recently than the
water-right, as a supplemental well in times of limited surface water supply. It is likely
that some of these questions might be answered through an in-depth review of the Water
Rights file ~t IDWR. This is beyond the scope of your request and We have not requested
the file .
Site survey
The location of the Goldsmith well is shown on Figure 1 to be in the SE, NE, SE
1/4 of Section 19, T3N, R1Ejustsouth of the Eightmile Lateral where it crosses Locust
Grove Road. An 8~inch steel casing extends 1.2 feet above the pumphouse floor (Figurc
2) which is essentially ground level. The existing pwnp is a 300 gpm Crown 6H-300
submersible pump with 4~stages on a 20 HP Franklin motor installed by Burgess Pump
Co. The pump is equippcd with an Associated Coil variable frequency drive, a measuring
port, an airline. and a 4-inch McCrometer (MW-500) flowmeter. This is an inline
propeller flowmeter prefabricated inside of a flanged length of pipe with flow vanes.
According to John Burgess, the total depth of the well was 71 feet below top of casing at
the time of pump instalIation..
On July I, 1996, Jeff Allred attempted to plumb the total depth of the well, with
the pump installed, ~d could not lower a weighted steel tape below 76.S feet. He pulled
out and mcasured 57 feet of airline which was reinstalled in the well and the air gage
calibrated to sounded water levels. The pumping and static water-levels arc not difficult
to measure with either steel or electric well sounders. On this date, Jeff measured
pumping water-level at 15:19 hours at 35.40 feet below top of easing with the well
pumping at 120 gpm. Totalizer read 7,330,000 gallons at the time of this measurement.
The pump is set to operate between 40-and-65 lb. of pressure. From a previous reading of
5,574,800 gaHons on June 10, 1996 at 14 :00 hr., an average pumping nIte of 57 gpm is
calculated for a 21 day period (exactly 21 days, I hour and 17 minutes; 30,317 min.) of
time.
A static water-level for the Goldsmith well was not obtained bec~use the wel1 was
in USe during both of our site ':isits. Mtn, Landscaping measurements are typically taken
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only a few n:inute: after ~urni~g off the pump and, so, are not representati vc of complete
recove~. DISCUSSIOns with MJke Teschner indicate that the well does not draw down
apprecIably (<8 feet) at typical pumping rates. Pumping water-level measurements taken
while the discharge rate fluctuated between 20 and 100 gpm show that less. than 3 feet of
water-level fluctuation OCCurs. Although the pump is capable of producing 300 gpm. the
well docs .not apparently pump at higher rates for long, as evidenced by the 57 gpm
average dJscharge rate. The ma'(irnum discharge rate observed has been 120 gpm and this
was for less than 2 minutes.
Mtn. Landscaping appears to be doing an adequate job of monitoring and our
measurements are consistent with theirs. We understand that Mtn. Landscaping will
report on their monitoring to the Meridian City Engineer's Office. Mtn. Landscaping's
measurements to date are included as Attachment A.
Likelihood of well interference and recommended frequcn.cy of monitoring.
The Babbitt and Shipley weBs (Figure I) are a good choice for monitoring the
influence o~ local groundwater levels. In addition to being near the Goldsmith well and
completed to similar depths, these wells beLong to the parties concerned about possible
impact from the Goldsmith well pumping. We recommend mont}1Jy monitoring of water-
vel total roduction and dischar e rate if urn in for e d mith Babbitt. and 16
~ipley wells over the course of a year so that the seasonal groundwater fluctuation can
!ls quantified and s~~~;ed1rorn possibTc'iiltea'erenceetTeCtsancfToestiOIiSIi'oasCT'mc-
water-levels for the morutoring wel~(jiice a data has been accwnulated for a Vear,
monitoring frequency of the observation wells could be relaxed 10 one or two
measurements per year. The Goldsmith well should be measured monthly through the
Winter (non-pumping) season for the first year (1996). Of particular importance are the
pre-irrigation season measurement, taken in early March, and the end of season pumping
water level, measured in early November. For subsequent years. only the early March and .
early November measurements should ~;;ecessary with no winter measurem<\nts. -:fie;,
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I We think it unlikely that pumping from the Goldsmith well wiU adversely impact
water-levels in adjacent wells. The shallow depth of the wells and the lack of significant
low permeability sediments WlderIying 40-to-70 feet of Whitney terrace gravels (from
driller's reports, Attachment B) strongly suggest that wells less that 150 feet in depth are
in hydraulic cOlUlcction with surface water sources. Owing to the preponderance of
surface water courses (Eightmile Lateral. Rjdenbaugh Canal. TewIIile Creek. and
FivemiIe Creek - see Figure 1.) in the immediate vicinity, it is expected that recharge
from surface sources imparts a stability to area water levels. This seems to be borne out
by water-level measurements to date.
Please call wfth any quesrions.
Sincerely I
Ed Squires