HomeMy WebLinkAbout1997 11-05
MERIDIAN CITY COUNCIL
AGENDA
WEDNESDAY, NOVEMBER 5,1997 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL:
X WALT MORROW
X GLENN BENTLEY
X MAYOR ROBERT CORRIE
MINUTES OF MEETING HELD OCTOBER 21, 1997:
(APPROVED)
X CHARLIE ROUNTREE
X RON TOLSMA
1. TABLED OCTOBER 21,1997: FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION: (TABLED UNTIL DECEMBER 2,1997)
2. TABLED OCTOBER 21, 1997: ORDINANCE #760 - COMMISSIONS,
BOARDS, COMMITTEES: (APPROVED WITH AMENDED SENTENCE IN
SECTION 4-104)
3. TABLED OCTOBER 21, 1997: ORDINANCE #761 - TRAFFIC SAFETY
COMMISSION: (APPROVED)
4. TABLED OCTOBER 21, 1997: ORDINANCE #775 - VACATION OF GENTRY
WAY: (APPROVED)
5. TABLED OCTOBER 21, 1997: ORDINANCE #776 - BUILDING & PLANNING
AND ZONING DEPARTMENT: (APPROVED)
6. TABLED OCTOBER 21,1997: FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR VARIANCE REQUEST FOR TURNBERRY SUBDIVISION BY
BENCHMARK LAND CO.: (APPROVED)
7. TABLED OCTOBER 21, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION BY BENCHMARK LAND CO.: (APPROVED)
8. TABLED OCTOBER 21, 1997: ORDINANCE #779 - TREE ORDINANCE:
(TABLED UNTIL NOVEMBER 18,1997)
9. TABLED OCTOBER 21, 1997: REQUEST FOR A VARIANCE TO THE
REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW
ASSOCIATES LIMITED PARTNERSHIP: (CITY ATTORNEY TO PREPARE
FINDINGS OF FACT AND CONCLUSIONS OF LAW)
10. RESOLUTION #167 - WATER AVERAGING RESOLUTION: (APPROVED)
11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP, ETC. BY
SHARLA LANPHEAR - MERIDIAN OFFICE AND CONVENTION CENTER:
(APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; APPROVE
DECISION)
12. PUBLIC HEARING: REQUEST FOR A VARIANCE TO SETBACK
REQUIREMENT TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO
SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: (CITY ATTORNEY
TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5
ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE INC. - EAST OF
LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (APPROVE AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW; APPROVE DECISION;
CITY ATTORNEY TO PREPARE ANNEXATION ORDINANCE)
14. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO
LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST
GROVE, SOUTH SIDE OF E. FAIRVIEW: (TABLED TO NOVEMBER 18, 1997)
15. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE
AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE
BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE
OF E. FAIRVIEW: (TABLED TO NOVEMBER 18,1997)
16. RON VAN AUKER: DISCUSSION OF LAND TO EAST OF FUTURE MIDDLE
SCHOOL SITE:
17. FARM LAND LEASE WITH KENNETH ASCHENBRENNER: (APPROVED)
18. CANVASSING THE VOTES FOR CITY GENERAL ELECTION: (APPROVED)
19. WATERlSEWERlTRASH DELINQUENCIES: (APPROVED)
20. APPROVE BILLS: (APPROVED)
21. DEPARTMENT REPORTS:
A. SHARI STILES, PLANNING & ZONING ADMINISTRATOR:
1. MERIDIAN AUTOMOTIVE - UPRR RIGHT OF WAY:
2. HUBCAP HEAVEN IN NAPA AUTO PARTS STORE:
3. WASHINGTON STREET DEDICATION TO CITY (ELVIRA
SUBDIVISION):
4. HAM RADIO TOWERS:
5. GORDON HARRIS PROPERTY:
B. GARY SMITH, CITY ENGINEER:
1. CLARIFIER ADDITION CHANGE ORDER: (APPROVED)
C. WAYNE CROOKSTON, CITY ATTORNEY:
1. LETTER IN RESPONSE TO COMPLAINT FILED:
D. WALT MORROW, CITY COUNCILMAN:
1. WATER AND SEWER LONG TERM PLAN:
2. CHERRY LANE FENCE LID:
3. OVERLAY OF EXISTING CITY HALL:
E. GLENN BENTLEY, CITY COUNCILMAN:
1. STREET LIGHT CONCERNS:
2. $492 POLICE DEPARTMENT REFUNDlCREDIT:
F. MAYOR CORRIE:
1. INSPECTORS CONTRACTS:
2. PARK IMPACT FEES COMMITTEE MEETING:
MERIDIAN CITY COUNCIL
NOVEMBER 5~ 1997
The regular meeting of the Meridian City Council was called to order by Mayor Robert
D. Corrie at 7:30 P.M.
MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Ron Tolsma, Glenn Bentley:
OTHER PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Sharla
Lanphear, Scott Reece, Patrick McKeegan, Dennis Thorton, Glen Buday, Joe Canning:
MINUTES OF PREVIOUS MEETING HELD OCTOBER 21, 1997:
Corrie: Are there any corrections or alterations to those minutes? I will entertain a
motion they be approved as written.
Rountree: So moved
Tolsma: Second
Corrie: Motion made and seconded the minutes of October 21, 1997 be approved as
written, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #1: TABLED OCTOBER 21, 1997: FINDINGS OF FACT AND CONCLUSIONS
OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION:
Corrie: Mr. Morrow?
Morrow: I think we just continue with that until we are finished with the (inaudible)
irrigation ordinance by now but we are not. So the answer to the question Mr. Mayor is
we have another strategic planning meeting November 25th we ought to move this to
our first meeting in December which is the 2nd. So I will move to table to the 2nd.
Bentley: Second
Corrie: Motion made and seconded to table item #1 until the December 2nd meeting, any
further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: TABLED OCTOBER 21, 1997: ORDINANCE #760 - COMMISSIONS,
BOARDS, COMMITTEES:
Meridian City Council
November 5, 1997
Page 2
Morrow: Mr. Mayor, we have in our packet the re-write of this particular ordinance. I
have a question with respect to 4-104 on page 2a It seems to me that it is not very clear
and I will read the paragraph. "The Mayor shall nominate persons who shall be
confirmed by one half plus one vote of the City Council to serve as members of an
entity. The person nominated by the member must be confirmed by the City Council by
a majority votea If the Mayor fails to nominate an additional person within ten days after
his previous nomination the City Council may select a person to serve the entities board
by unanimous votea" It seems to me what sentence that has been left out there it
should read something to the effect which basically comes right out of the State statute
that if the Council refuses to confirm any nomination the Mayor shall then within ten
days thereafter nominate another person to fill the office. He may continue to nominate
until his nominee is confirmed. If the Mayor fails to nominate an additional person
within ten days after his previous nomination the City Council may select a person to
serve on the entities board by majority vote. It seems to me that we need to add a
sentence in there to clarify what actions are going on. So I would offer that point as a
suggestion.
Rountree: As a point of discussion I agree that it should be added and I would hope that
we could move forward on this tonight with that correction.
Morrow: I agree with that, I have no problem with moving forward on that correction.
Bentley: The only question I have got is we have got this listed by unanimous vote here
, and you want it to be by majority vote.
Morrow: Majority vote is one half plus one and it is consistent with everything else that is
in the ordinances.
Bentley: I realize that but you were referring to the State statute now is this unanimous
vote a mis-print out of the state statute?
Morrow: It is unanimous vote for this portion it is not part of the state statute. The
unanimous vote that the state statute refers to is termination by Council of an appointive
office. The state statute allows termination of appointed office by two methods. The
Mayor can recommend a termination and the Council can by one half plus one verify
that termination. Or the Council by its own activity by unanimous vote and effect a
termination.
Bentley: Was this just a copy mis-print on this unanimous deal or was there a purpose
for that? While he is studying that I concur that we need to clean up the rest of that
language.
Crookston: I would have to look at the statute itself to make sure but I believe where the
Mayor does not nominate a person then the person who the City Council nominates
must be selected by unanimous vote.
Meridian City Council
November 5, 1997
Page 3
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Morrow I read the statute this evening in preparing my remarks there and it does not list
a unanimous vote.
Crookston: What statute did you look at Walt?
Morrow: Basically it is the statute about confirmation of appointees.
Bentley: Do we have a set of books here?
Crookston: Yes we dOa
Bentley: Can we table this for an instant and go onto the next item and let him go take a
quick look and then maybe we can get all of this done.
Corrie: If the Council agrees we will just hold item 2 and go to item 3.
Morrow: So moved
Bentley: Second
Corrie: Motion made and seconded we hold item 2 until the attorney checks the State
statutes a
MOTION CARRIED: All Yea
ITEM #3: TABLED OCTOBER 21, 1997: ORDINANCE #761 - TRAFFIC SAFETY
COMMISSION:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 2,
TITLE 4 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN TRAFFIC SAFETY COMMISSION AND BY RE-ENACTING CHAPTER 2
OF TITLE 4 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN TRAFFIC SAFETY COMMISSION; WITH THE ADDITION OF THE
MERIDIAN POLICE CHIEF TO THE COMMISSION AND MAKING OTHER MINOR
CHANGES AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the
audience that would like to have Ordinance #761 read in its entirety? Hearing none
Council I will entertain a motion on Ordinance #761.
Bentley: Mr. Mayor, I move that the City Council adopt Ordinance #761 with suspension
of rules.
Rountree: Second
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Meridian City Council
November 5, 1997
Page 4
Corrie Motion made by Mr. Bentley, second by Mr. Rountree to adopt Ordinance #761
with the suspension of rules,
Morrow: Mr. Mayor, point of clarification, Mr. Bentley did you motion include the latest
revision of that dated November 5, 1997.
Rountree: I withdraw my second
Bentley: Let me clarify that Mr. Mayor, I move that the City of Meridian adopt Ordinance
#761 dated November 5, 1997 revision with the suspension of rules.
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to adopt Ordinance #761
with suspension of rules as received on November 5th date, any further discussion?
Hearing none, roll call vote.
ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #4: TABLED OCTOBER 21, 1997: ORDINANCE #775 - VACATION OF
GENTRY WAY:
Corrie: AN ORDINANCE VACATING THE PUBLIC RIGHT OF WAY KNOWN AS
GENTRY WAY AN EXISTING TEN FOOT WIDE PUBLIC UTiliTY, DRAINAGE AND
IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13,
AMENDED MAGIC VIEW SUBDIVISION, A SUBDIVISION IN ADA COUNTY, IDAHO
AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO AND
PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would
like to have Ordinance #775 read in its entirety? Hearing none Council vvhat is your
pleasure?
Bentley: Mr. Mayor, I move the City of Meridian adopt Ordinance #775 with suspension
of rules.
Tolsma: Second
Corrie: Motion made by Councilman Bentley second by Councilman Tolsma to approve
Ordinance #775 with suspension of rules, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Meridian City Council
November 5, 1997
Page 5
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ITEM #2: TABLED OCTOBER 21, 1997: ORDINANCE #760 - COMMISSIONS,
BOARDS, COMMITTEES:
Corrie: Discussion?
Crookston: Mr. Mayor, the section is Section 50-205 it states that if the Mayor fails to
make another nomination for the same office within ten days after the rejection of a
nominee the City Council shall appoint a suitable person to fill the office during the term.
The affirming vote of one half plus one of the members of the full Council shall be
required to confirm any nomination made by the Mayor. That only talks about in the
nomination by the Mayor.
Corrie: That is in 205, is there anything in the Commissions, Boards and Committees I
think it is 21 O?
Crookston: That states all appointments to permanent boards, commissions or
committees shall be made by the Mayor with the advice and the approval of the Council,
that is all it says.
Corrie: So Council it is your pleasure.
Morrow: And I think our opinion from the Attorney General was that it was his opinion
that the one half plus one except in the case where it is specified a unanimous vote
would be the one that we ought to (inaudible). So my suggestion with respect to
Ordinance #760 would be that we insert the phrase that was read making it coincide
with the 50-205 and that we change the word unanimous to Majority on page 2, section
4-104.
Corrie: Do I have a second to that motion?
Tolsma: Second
Corrie: Motion made and seconded to insert the words following (inaudible) majority
vote period in between there, "if the Mayor fails to nominate and also by majority vote or
by unanimous vote, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow- Yea, Bentley -Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #5: TABLED OCTOBER 21, 1997: ORDINANCE #776 - BUILDING &
PLANNING AND ZONING DEPARTMENT:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5 OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A
Meridian City Council
November 5, 1997
Page 6
NEW CHAPTER 4 TO BE KNOWN AS BUILDING AND PLANNING AND ZONING
DEPARTMENTS JOINT OPERATION PROVIDING THAT REVENUE AND FUNDING
AND THE EXPENSE OF THE BUILDING DEPARTMENT AND THE PLANNING AND
ZONING DEPARTMENT SHALL BE COMBINED SUCH THAT BOTH DEPARTMENTS
ARE FUNDED BY THE SAME APPROPRIATION AND THE EXPENSES OF BOTH
DEPARTMENTS ARE PAID FROM THE SAME BUDGET AND FUNDS; PROVIDING
THAT THERE SHALL BE AN OPERATING FUND FOR BOTH DEPARTMENTS WITH
THE RESERVE FUND ESTABLISHED TO ENABLE FUNDING OF THE TWO
DEPARTMENTS IN THE EVENT THAT THE CITY DOES NOT HAVE SUFFICIENT
TAX REVENUES TO SUPPORT AND FUND BOTH DEPARTMENTS; PROVIDING
THAT IF THERE ARE MORE REVENUES THEN EXPENSES FOR OPERATING AT
THE DEPARTMENTS ACCOUNTS MAY BE ESTABLISHED FOR CAPITAL
IMPROVEMENTS AND FUNDS REMAINING AFTER THE PAYMENT OF ALL
NECESSARY EXPENSES OF THOSE TWO DEPARTMENTS MAY BE
TRANSFERRED TO THE CAPITAL IMPROVEMENT ACCOUNTS CREATED AND
PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like
to have Ordinance No. 776 read in its entirety? Seeing none Council?
Morrow: Mr. Mayor, I would move that we adopt Ordinance #776 with suspension of
rules.
Rountree: Second
Corrie: Motion made and seconded to adopt Ordinance #776 with the suspension of
rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley -Yea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #6: TABLED OCTOBER 21, 1997: FINDINGS OF FACT AND CONCLUSIONS
OF LAW FOR VARIANCE REQUEST FOR TURNBERRY SUBDIVISION BY
BENCHMARK LAND CO.:
Morrow: Mr. Mayor, I believe that we need to have some discussions regarding this, I
believe that the original table was to wait for confirmation of water flows and pipe sizing
and interpretations with respect to what Nampa Meridian was giving us for information
on what Briggs Engineering was giving us for their information and that Gary Smith was
in charge of trying to bring all of that together and trying to make some sense out of it. I
believe also there was an issue with a difference of opinion as to a number of minor
inches involved~ It also appeared that there was an additional water going into the
lateral at drainage points both from Nampa Meridian Sources and from Settlers. So
having asked those questions Gary have you got prepared for us a presentation that we
can discuss them?
Meridian City Council
November 5, 1997
Page 7
Smith: Mr. Mayor and Council members, I had some information, unfortunately I just
received it late this afternoon from John Anderson and it is verbal information that he
gave to me in a meeting in my office about 3:30 or so. I can relate I think the contents
of that meeting to you if you would like. Also I have spoken with Van Elg and Dean
Briggs and Stan McHutchinson on a conference call today after my meeting with John
Anderson. John Anderson has stated that the length of Safford lateral from the SE
corner of this project to the NW corner of the project can be piped with a 48 inch
diameter smooth wall interior pipe. He stated that pipe or a pipe smaller than that
diameter would carry the flow in the ditch. He has told me he will provide a letter to the
City of Meridian confirming that statement and also that Nampa Meridian would
maintain the liability for the ditch for future flows in the ditch and that the pipe installed in
the ditch would take the flows and that if there was any damage that it would be their
responsibility, flooding damage that is. There is a question that the developer's
engineer has raised during our telephone conversation today. Probably the biggest part
of that question has to do with the location of the ditch along the west boundary of this
property and a request from them for a .definition of our ordinance in terms of piping the
ditch adjacent and I will paraphrase this adjacent and contiguous to the property being
developed and just exactly what this means. According to the information provided to
me over the phone by Briggs Engineering near the SW corner of the property the east
bank of the ditch is near the property corner, the ditch itself is not on the property but
the east bank of the ditch is. The SW corner of the property is on the edge of bank of
the ditch at the SW corner. As you travel to the north the ditch veers slightly to the west
and by the time you get to the NW corner reportedly the edge of bank is approximately
5 feet from the property corner. I told Briggs Engineering that I wasn't capable or able to
make that judgement on what adjacent and contiguous means. If that is indeed
adjacent and contiguous. Again I am paraphrasing I am not certain that is the exact
language out of the piping ordinance, ditch piping ordinance. I told John Anderson
today in my meeting that in order for us City staff and you as the City Council and Mayor
to make decisions on these things we have to have definitive information from them, it is
their facility. We have to have specifics in writing as to what they have and what they
feel is appropriate on these ditches. To date we haven't received that unless we
specifically ask for and generally it is after the fact. At least one meeting has taken
place. We have to have that, I told him that we had to have it in order to make a
decision. I don't think it is our place to ferret this thing out and determine in our own
mind whether the ditches are pipable or not. We don't have the facilities to take
elevations on the ditch banks, the high water marks in the field to determine that. This is
a job that the irrigation district needs to do. They have a consulting engineer that is
retained by them and they are capable of doing that kind of work and offering those
sorts of things to us. It is really an issue to meet that needs to be decided between the
district and the applicant the developer and the developer's representative. I would
suspect that we would get involved in it as a mediator if that is the right word if the two
parties can't resolve the issue. But again it is their facility, it is the irrigation district's
facility. The matter of the ditches side ditches that are emptying into the Safford lateral
John Anderson mentioned it briefly in his conversation with me~ According to Briggs
Engineering staff he told them that those ditches were illegally discharging into the
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Meridian City Council
November 5, 1997
Page 8
Safford and that apparently once the ditch was piped they would have to make other
arrangements to dispose of their tail water. There is according to information provided
to me by Briggs Engineering there is a water take out point on the east side of Black Cat
Road that is providing water to property that is either owned and or farmed by Janosek.
The ditch crosses under Black Cat Road after take out, parallels the north side of the
Safford lateral until you get to the SW corner of the property and then crosses the
Safford in a pipe to a ditch that would irrigate Janosek's property. Briggs Engineering
asked John Anderson if they could put that keep that water in the Safford, take it out at
the SW corner where it ultimately comes out and eliminate the need to pipe that ditch
separately for Janosek. According to Briggs Engineering they were told that they could
do that as long as that water did not influence the piping of the Safford lateral. IN other
words right now it is taken out at that point, it is in a separate ditch. Put it back in the
Safford at that point it is going to add water to the Safford that it doesn't presently have.
If that kicked it up above the carrying capacity of a 48 inch pipe then they wouldn't allow
it and there would have to be a separate pipe installed across this property to provide
water to Janosek.
Morrow: Mr. Mayor may I ask a technical question there? Gary if that is coming out of
the Safford lateral at the northern edge is it a continuous flowing ditch all season long
so that the water is never back in the Safford or is it water that is taken from the Safford
when Mr. Janosek is irrigating and then goes back into the Safford when he not
irrigating?
Smith: I don't know the answer to that.
Morrow: So Nampa Meridian hasn't provided us with that information either?
Smith: No, and that information wasn't provided to me by John Anderson, Briggs
Engineering provided that in my conversation with them this afternoon.
Bentley: Mr. Mayor, Gary did I hear you right did you say that Mr. Anderson said if the
other ditches were dumping their water into the Safford that they would not allow it?
Smith: That is what I understood from Briggs Engineering in their conversation with him.
Bentley: When they made their water analysis as to how many inches were in there
were they counting the water that is currently flowing in that ditch with this additional
water being added in from the other ditches?
Smith: The only quantity of water that has ever been offered to me is 3000 minor inches
on paper. According to John Anderson that was a number given by him to Briggs
Engineering answering a question from them how much water is in the Safford. They
were told 3000 minor inches.
Meridian City Council
November Sf 1997
Page 9
Bentley: The reason I am asking this question, if they are taking a reading on the water
that is in there with this additional water in there also if they disallow the additional water
out then the water that Mr. Janosek needs might off set what they are taking off to
where they wouldn't have to tile a separate ditch alone for Mr. Janosek is what I was
getting at.
Smith; I don't know where the reading for the water is taken, if it is, I know there is a
weir at the Eight Mile Lateral after it crosses Cherry lane Road and I think that is the
origin or that is the head of the Safford. So they can measure the water at that point. I
don't know what take outs there are between there and this property. I understand what
you are saying and I don't know how much water is coming in from as tail water from
those other ditches. But that is a possibility yes. I don't know where those points are
either along the length of the ditch, if they are on the west sidef totally on the west side
or if there are some on the south side I don't know.
Tolsma: That small ditch that is feeding back into the Safford Lateral that would be
classified as a waste ditch then?
Smith: Yes
Tolsma: So instead of putting that into the drain ditches they are running it back into the
Safford Lateral again. I think maybe I didn't understand Walt or Glenn's question but
was that water in that ditch originally come from the head of the weir they were using for
irrigation?
Smith: I don't know, alii understand is that there is some Settler's water reportedly there
is some Settlers water that dumps into the ditch and other water and I don't know where
it comes from.
Tolsma: So that water in the ditch then might be Settlers water running into Nampa
Meridian's ditch then.
Smith: That is what I am being told.
Tolsma: Didn't we have that problem out here off of Summerfield when they put in that
pressurized irrigation system they were using Settlers water and putting that back into
Nampa Meridian's Irrigation ditch.
Smith: I apologize to you that I don't have anything in formal written form. All I have is a
verbal conversation with John Anderson today and his comment that piping that ditch
can be done with a 48 inch diameter pipe or less. That is a smooth inside wall pipe and
he is talking about concrete pipe at this point.
Tolsma: Did you ask him about corrugated metal pipe on a large pipe or something like
that if it would require a bigger size pipe because (inaudible)
Meridian City Council
November 5, 1997
Page 1 0
Smith: Well they will allow corrugated pipe it has to be 10 gage apparently and it would
require a larger pipe.
Tolsma: Would that be cost effective to go a larger pipe on a corrugated metal pipe?
Smith: I don't know, I can't tell you Councilman Tolsma I really don't know, possibly it
could be. I think one of the issues right now in my mind anyway I am pretty well
convinced if the only length of ditch to be piped here is the ditch along the south
boundary which is inside the property line as opposed to piping the entire length of the
ditch then a 48 inch diameter pipe will not carry the water because there isn't enough
drop in the head across the south boundary of the property. It is too flat, turn the corner
form the SW corner and head north and reportedly it is about 5 foot of head from the SE
corner from the NW corner. Now that is a report from John Anderson and that is a
result of him and one of his cohorts taking some rough grade elevations in the field with
the statement that we aren't surveyors so it might not be real close. Really when you
are doing this sort of thing you are not taking elevations on the invert of the ditch. You
are dealing with high water elevations on the ditch banks. That is your true elevation
difference in your hits. I doubt they were using that I think they were using the invert of
the ditch.
Tolsma: Wasn't there 2 or three structures in that ditch in the path of that to slow the
water down because of the fall. There is one structure in the ditch about 250 feet south
of the northwest corner. It is a restriction width wise I guess there is not much of a
restriction height wise. But according to John Anderson that was being utilized as a
velocity restricter* Briggs Engineering feels that at one point in time in the past it was
used as a check structure for a take out of water, I don't know I haven't seen it I haven't
looked at it. But that is the only structure reportedly that is in the ditch*
Morrow: Mr. Mayor, I think part of what we are dealing with here is in our Irrigation
committee and our irrigation ordinance that we are working with currently it has been
alluded to that it is the City that empowering Nampa Meridian to do the various things
that they are doing* Here is clearly a case and Mr. Smith makes a good point we are
not, it is our ordinance that creates the issue about piping or not piping. We don't have
the resources to research this. Either we get the research this so that we don't go, this
thing can go back and forth literally for months now. Nampa Meridian is not in any way
shape or form providing us with valid information that we need to be able to make
decisions or that our staff needs to make decisions. We ain't surveyors just doesn1t
quite cut it in terms of decision making. From the council standpoint I guess it seems to
me that it would make a lot of sense here for us not to adopt these findings of fact
requiring the piping of the ditch. I don't see any testimony or any information from
Nampa Meridian that clearly says that the ditch works to ignore discharge water that
historically may have been going into that ditch and there is no other alternate place to
put at this juncture creates yet other problems and so far no one has addressed that It
seems to me that Nampa Meridian has had more than adequate time some 30 days or
Meridian City Council
November 5, 1997
Page 11
more to address the issue in writing as we requested which was the cause for the initial
tabling as I recall from the findings of fact and conclusions here so that we can get this
thing ironed out in writing and licensed people making the calculations available to our
staff to make the determination (inaudible). So at this juncture it doesn't seem to me any
of that has been done. Based on what Gary is telling us that there are as many or more
valid questions today then there was the first part of October when this issue came
before us. I guess from perspective at this point I would be ready to move ahead with
findings of fact and conclusions that did not require the piping of the ditch and send
Nampa Meridian the signal that they need to shape up and provide us with accurate
information in a timely manner if in fact we are going to do this piping or run the risk of
not having the piping done.
Tolsma: Wayne, are we establishing a precedent here by not requiring the piping of the
ditch that Nampa Meridian says is capable of being piped, a 48 inch pipe because of all
the other developers we have required to pipe the ditches that Nampa Meridian says 48
inch pipe will carry. If we allow this here are we going to be in trouble?
Crookston: Under our ordinance each variance is assessed on the facts that are given.
So there is no precedent set. But certainly when it becomes well known that this is what
has been done people are going to mention it that is for sure. It is best in my mind it is
best to have a standard upon which you can rely on and make it applicable to every in
this case every water way that there is. But that is totally a Council decision.
Tolsma: But if Nampa Meridian said that a 48 inch pipe will carry this water and they
assume all responsibilities for it and we don't require the pipe then where are we at
down the road?
Crookston: Well as I said there is no in our ordinance it sets forth that there is no if you
will precedent setting by any decision on a variancea So I don't think that we are setting
anything but as I said it is a very difficult problem because people are going to know
what we have done and they are going to argue that we have set a precedent. Are
ordinance states that we do not set precedents in granting a variance.
Rountree: I guess to Ron's point my recollection of what we have varied in the past has
been a situation where there has not necessarily been a disagreement about the
engineering. The applicant as well as Nampa Meridian agreed that a pipe size could
handle the water. In this case we have a professional engineering study stamped by
professional engineer saying it won't and we have Nampa Meridian Irrigation District
with we ain't surveyors and we have nothing in record from them even committing to
that. I would go back to the record I guess last meeting my question was how long do
we hold this for Nampa Meridian. Walt's response was only to the 5th. My response is if
we don't receive anything by the 5th it is no longer pending and Walt's comment was
that is correct we take action on the 5th. I am ready to take action, I don't think we need
to have Nampa Meridian hold us up anymore.
Meridian City Council
November 5, 1997
Page 12
Morrow: I think to editorialize on that a little bit more basically what Nampa Meridian
(inaudible) and that is bologna. They can either confirm with what it is we need from
them or we will move on without them.
Corrie: Any further discussion? I don't think I have a tie breaker here. I had a question I
was going to ask you Gary but I will wait if there is a tie breaker.
Morrow: Go ahead and ask I want to hear your opinion.
Corrie: My question was did I hear you correctly to say that on the Benchmark Land the
subdivision that a 48 inch pipe would not carry the flow because of the slope of the land
and the angle is that correct?
Smith: Along the south boundary. One other comment I might make, I believe and
maybe Wayne's memory is better than mine on Waterbury Subdivision and the Creason
Lateral the irrigation district requested that be piped and the engineering calculation
showed that from the applicant's engineer that a 48 inch pipe wouldn't handle the water.
So Council did not require that to be piped?
Crookston: That is correct Gary, on Waterbury that is what happened. But again one
variance as far as the City Council one variance is not precedent setting for another
variance. They have to be undertaken on the facts of the particular case.
Corrie: Any further discussion? I guess we need a motion for new findings of fact.
Morrow: Mr. Mayor I would move that we amend the findings of fact and conclusions
that we have before us tonight to reflect the variance for piping of the ditch is granted in
conjunction with the other conditions in terms of the variance with respect to block
length and all other things being left as written in the findings of fact and conclusions.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to amend the findings of
fact and conclusions of law to approve the variances for both the piping of the Safford
lateral in Turnberry Subdivision as wen as for the block lengths and the minimum
requirements for the lot frontage requirements, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow - Yea, Tolsma - Yea, Rountree - Yea, Bentley - Yea
MOTION CARRIED: All Yea
Morrow: Mr. Mayor I would move for the decision, that it is decided that the variance for
a block length of greater than the maximum or less than the minimum requirements and
a variance of the lot frontage requirements in Turnberry Subdivision is granted. Said
approval is conditioned upon the submittal of information listing the exact lots and
Meridian City Council
November 5, 1997
Page 13
blocks from which the variance is requested to Shari Stiles, Planning and Zoning
Administrator and Gary Smith the City Engineer for approval. It is further decided that
the variance for the piping of the Safford Lateral in Turnberry Subdivision is approved.
Rountree: Second
Corrie: Motion made and seconded on the decision as read, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: TABLED OCTOBER 21, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION BY BENCHMARK LAND CO.
Corrie: At this time I would like to have the representative from Turnberry Subdivision
(End of Tape)
Elg: (Inaudible) the preliminary plat was tabled or the hearing was closed on October
7th as mentioned and the findings of fact were prepared and presented on October 21.
Are there any specific questions that you have about that preliminary plat that we still
need to address. I can answer any questions to that
Corrie: Council, your pleasure?
Morrow Mr. Mayor, I would move that we approve the preliminary plat for Turnberry
Subdivision by Benchmark Land Co.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary
plat for Turnberry Subdivision, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: TABLED OCTOBER 21, 1997: ORDINANCE #779 - TREE ORDINANCE:
Corrie: We still have some work to do on that one, so I would entertain a motion that be
tabled.
Morrow: So moved
Rountree: Second
Corrie: Motion made and seconded that we table item #8 the Tree Ordinance #779 until
our next meeting, any further discussion? All those in favor? Opposed?
Meridian City Council
November 5, 1997
Page 14
MOTION CARRIED: All Yea
ITEM #9: TABLED OCTOBER 21, 1997: REQUEST FOR A VARIANCE TO THE
REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES
LIMITED PARTNERSHIP:
Morrow: Mr. Mayor, Gary can you bring us up to speed on the Golfview, it appears that
we have from EHM Engineering some figures here that were not available to us at time
of our last meeting. Can you review those for us?
Smith: Yes sir, Mr. Mayor and Council members, Councilman Morrow, I did receive
those calculations from EHM and also talked to John Anderson at Nampa Meridian and
he concurs that length of ditch cannot be piped with a 48 inch diameter pipe, verbally he
concurs.
Hepworth: I can provide written confirmation of that as well if you need that so that it is
not (inaudible)
Corrie: Council, technically speaking this is after the fact here. I think if we want it as
part of the record, I don't think we need it but I appreciate the information.
(Inaudible)
Corrie: Thank you for that, sorry for the confusion I just wanted to make sure we are not
going to get back lashed on this.
Morrow: Mr. Mayor, I would move that we approve the variance to the requirement to
tile the Safford Lateral submitted to us by Golfview Association limited partnership and
instruct the City Attorney to prepare findings of fact and conclusions to that end.
Rountree: Second
Corrie: Motion made and seconded that we direct the City Attorney to prepare findings
of fact and conclusions of law, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: RESOLUTION #167 - WATER AVERAGING RESOLUTION:
Corrie: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN CHANGING THE BEGINNING OF THE AVERAGE RESIDENTIAL WATER
USE PERIOD FROM OCTOBER 15, 1997 TO NOVEMBER 15, 1997 FOR PURPOSES
OF ASSESSING SEWER USER CHARGES AND PROVIDING FOR AN EFFECTIVE
Meridian City Council
November 5, 1997
Page 15
DATE. Is there anyone from the audience that would like to have Resolution #167 read
in its entirety? Council, what is your pleasure?
Morrow: Mr. Mayor, I would move that we adopt Resolution #167 as written.
Rountree: Second
Corrie: Motion made and seconded that we adopt Resolution #167 as written, roll call
vote.
ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: For those in the audience what this means is sometimes it is a little hotter in
October than we anticipate so that we are watering on the lawns in October and we
don't want you to have to pay for the water that is going down the sewer and really not.
So we back it up and it makes it an advantage to the people.
ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
AN ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP, ETC. BY
SHARLA LANPHEAR - MERIDIAN OFFICE AND CONVENTION CENTER:
Corrie: At this time I will open the public hearing and invite you to come up and give us
some information on your conditional use permit.
Sharla Lanphear 13 W. Rockford Street, Meridian, was sworn by the City Attorney.
Lanphear: I am requesting this conditional use permit and it is to be in the Meridian
Office and Convention Center and I have submitted this in the beginning of October, this
would be the second public hearing for me for this. I am just here to answer any specific
questions.
Tolsma: I was just wondering where the samples were?
Morrow: Are you going to have cinnamon rolls with raisins?
Lanphear: Yes
Morrow: Good
Corrie: Any further questions from the Council? Sharla, thank you very much, anyone
else from the public that wishes to issue testimony on this at this time? Hearing none I
will close the public hearing, Council any further questions.
{ -
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Meridian City Council
November 5, 1997
Page 16
Bentley: I have a question for Shari, since you are moving into that building does this
meet with your approval?
Stiles: Yes, it will be our breakroom.
Corrie: Any further questions? I will entertain a motion for the request for conditional
use permit.
Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions as
prepared for us by P & z.
Rountree: Second
Corrie: Motion made and seconded we approve the findings of fact and conclusions of
law as prepared by Planning and Zoning Commission, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Bentley -Yea, Rountree -Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Corrie: I will entertain a motion for the decision.
Morrow: Mr. Mayor the City Council of the City of Meridian hereby approves the
conditional use permit requested by the applicant for the property described in the
application with the conditions set forth in the findings of fact and conclusions of law or
similar conditions as found justified and appropriate by the City Council. That the
property be required to meet the water and sewer requirements, the fire and life safety
codes, uniform fire code, parking requirements, landscape requirements, and all
ordinances of the City of Meridian. The conditional use should be subject to review upon
notice to the applicant by the City.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the decision as read, any
further discussion? Hearing none all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REQUEST FOR A VARIANCE TO SETBACK
REQUIREMENTS TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO
SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE:
Corrie: At this time I will open the public hearing and invite a representative to come
forward.
Scott Reece, 7240 Latigo, Nampa, was sworn by the City Attorney.
Meridian City Council
November 5, 1997
Page 17
Reece: As I stated my name is Scott Reece, this is a request for a variance for a
structure, single dwelling home that has been built on 2311 N. Hyde where the second
floor cantilever extends 3 feet into the setback. I am available to answer any questions.
Corrie: Council any questions? Thank you Scott, is there anyone else from the public
who would like to issue testimony on this variance request? Hearing none
Morrow: Mr. Mayor, I have a question with respect to clarification that maybe Ms. Stiles
or Mr. Smith can answer. Generally setbacks are exclusive of eaves and porches and
overhangs, is
Stiles: Mr. Morrow, this variance request Daunt Whitman was the one that told them
they need to get it because it did not meet the setback requirements.
Morrow: My question is a technical one in nature. Most communities that I am familiar
with setbacks are determined by a foundation the setbacks are exclusive to foundations,
eaves, porches and overhangs are not considered and bay windows without foundation
or not considered or held to be an encroachment within the setback. So I am asking
tonight if we as a City of Meridian are out of step with the rest of the communities of the
Treasure Valley.
Reece: This specific structure has been built in three different locations throughout the
Boise Valley. The City of Meridian is the first time I have ever been requested to apply
for a variance for the cantilever based on the same thing. We have always gone to the
foundation and we have done 2 foot overhangs or 2 foot encroachments without any
problems before. This was put in at the request as was stated by the City inspector. So
again I would also appreciate a clarification.
Morrow: I guess Mr. Mayor for sake of clarification that maybe we as a Council make a
decision of whether to approve the variance or not approve it but also in the same line
we should give direction to our staff of what our definition of setback is. Clearly in this
case it is my understanding by the map that this is an overhang over a driveway above
a garage. Which also (inaudible)
Rountree: It is out the side (inaudible)
Reece: This is a cantilever on the second floor. This particular structure is a tri-Ievel
and this is the two story section (Inaudible). The structure immediately to the left is the
main body which is main floor and the structure to the left of that (inaudible)
Morrow: So it is a side entry garage and (inaudible)
Reece: Correct it is a side entry garage.
Meridian City Council
November 5f 1997
Page 18
Morrow: My point has been clarified then thank you. I guess that if there is no further
discussion and you are willing to close the public hearing
Corrie: Any further discussion? I will close the public hearing.
Morrow: Mr. Mayor I would move that we instruct the City Attorney to prepare findings of
fact and conclusions of faw for the variance to the setback requirement and showing
that we are favorable to the variance for the setback.
Bentley: Second
Corrie: Motion made and seconded to request the City Attorney draw up findings of fact
and conclusions of law with the statement, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I would request from City Attorney now an opinion as to how our
ordinance is structured that has created this discussion.
Stiles: Mr. Mayor and Council there is a section of our ordinance about architectural
projections. It says open structures such as porches, canopies, balconies, platforms,
carports, covered patios, chimney, and similar architectural projections shall be
considered parts of the building to which it is attached and shall not project into the
required minimum front side or rear side yard. So that is probably what he is basing that
on.
Morrow: I think that if that is the case then what we need to do is we need to prepare an
amendment to the ordinance and correct the ordinance to reflect foundation.
Crookston: In response to your question you can have any size of overhang because
the way you are viewing it that there is no foundation for it then you can have it
overhang ten feet. That is the basis for what is in our ordinance.
Morrow: Clearly the answer to your question is yes that is technically possible but from
the point of custom and usage and consistency with the rest of the valley that is not
what is done within the homebuilding business. So either we are in step or we convince
the rest of the valley to change so we have some consistency here.
Crookston: I have no problem with that but I think that we should have it worded such
that any overhang or whatever we are talking about cannot exceed more than X number
of feet beyond the foundation. So if you want to put it ten feet then put ten feet if you
want it at 3 feet then put it at 3 feet, but that is why it is in the ordinance the way it is.
Smith: Mr. Mayor, just an observation, I guess it doesn't present a real critical concern
on the front yard or even the back yard but on the side yard it sure could where we are
Meridian City Council
November 5, 1997
Page 19
limited to five feet. If you had a 3 foot overhang on a 5 foot setback that means on your
second story you have got 2 feet from the side of your projection to your property line or
your fence. Even though it is a second story in this case and I guess it would be in any
case you could sure cause concern or havoc with that side yard setback.
Rountree: I believe our side yard setback says there is five feet for each story.
Smith: Right, but even on a single story if you project it out and you cantilever out off
your foundation three feet for some kind of a projection you can still wipe out your side
yard setback.
Corrie: If your neighbor did the same thing you could really have some trouble with the
fire department.
Smith: That would need to be taken into consideration and again I don't think it is a
concern on the front and the rear yard particularly.
Crookston: If I might suggest in any event we need to get in step with the valley we
don't need to be pioneers and have an ordinance that clearly is not applicable anyplace
else and to some extent we may be looking here at real unusual circumstances that Mr.
Smith Brings up. My own personal experience is that it is not unusual at all to have
window outcroppings of a foot or so go within that side yard setbacka They are approved
by various building departments that I have built in and by the CC&R's of the local
subdivisions. So we need to take a look at this and get in step with the rest of the
valley.
Bentley: Mr. Mayor, maybe we ought to pull that ordinance out and put it in the
workshop and take a look at what we can craft around and clean it up.
Morrow: Very good, I agree with that let's put it on the agenda for our planning session.
ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5
ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST
GROVE, SOUTH SIDE OF E. FAIRVIEW:
Corrie: At this time I will open the public hearing and invite the representative of Econo
Lube N'Tune Inc. to step forward.
Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney.
McKeegan: I would like to preface my remarks that if I grimace tonight it is not in
response to you I have an injured back. Two items of clarification before I start. In the
notification for the public hearing it says annexation and zoning of 8.5 acres it is my
understanding that the rear 5.5 acres was withdra\^ll1 from the application, is that correct
Shari?
Meridian City Council
November 5, 1997
Page 20
Stiles: Yes, but the application is going forward as originally requested.
McKeegan: I have discussed the next item with Shari, on page 43 of the revised
findings of fact and conclusions of law, item I on that page reads establishing the 35 foot
landscape setback as suggested under the comprehensive plan and landscaping the
same. All previous approvals of this at the Planning and Zoning Commission were for
25 feet and that was recommended originally by the Planning Director to be in
conformance with the property to the west. So that you would have uniform landscape
setbacks along Fairview Avenue on this side of the street. I wanted to clarify that and
make sure that was entered into the record that the 25 foot was what was approved and
what we have always been designing tOa With those two specific requirements I just
take your leave, there are three items here that we are going to be discussing tonight, I
would be glad to give you as much information as you would like concerning the project.
It was discussed at length at the Planning and Zoning Commission and approved in that
venue. We have conformed to all of the requirements that have been requested by the
various governmental agencies that have reviewed the project and unless you want me
to elaborate in any more detail I would just be here to answer any questions you might
have on our request.
Corrie: Council any specific questions at this time?
McKeegan: Representatives from Econo Lube and Schucks are here to answer any
questions you may have and also Joe Canning the engineer that prepared the plat is
also in attendance.
Corrie: Is there anyone else from the public that would like to issue testimony at this
time?
Morrow: Mra Mayor, can I ask a technical question here, is it possible to combine these
testimony for these four fellows for all three items that they testify one time given the
fact that there is nobody here from the public to offer any other testimony?
Corrie: Council I don't see any problem with that do you?
Crookston: With the consent of the applicant's that would be fine.
McKeegan: I would not object to that.
Morrow: That being the case then I would like to hear from each of the members of your
team Mr~ McKeegan and a short presentation by each.
Dennis Thorton, 13571 Carol Way, Tuston, CA, was sworn by the City Attorney.
Meridian City Council
November 5, 1997
Page 21
Thorton: I guess as a way of a presentation Econo Lube N'Tune is the moving party
here, we are under contract to acquire this parcel of land in a development agreement
with Schucks to divide the land as well as have it annexed. We are planning a 2800
square foot facility there on little more than % acre. We will provide adequate parking.
Our hours of operation would be typically about 7:00 7:30 in the morning to
approximately 6:00. It would be very rare that I would find anybody there after 5:30
actually but just to be conservative I would tell you until about 6:00. On Saturday's it
would be typically 8 to 5 Sundays as well. Sundays would be kind of a community
situation, some communities we found it beneficial to close on Sundays because we
don't have a sufficient. But the company would attempt to operate on Sunday~ We have
put forth a design that we believe would be attractive for the community, an excellent
presentation. We placed the building back as far as it is so that it was uniform with the
adjacent development so that we could have cross access across the front. We have
also done that, we stage our customers to the front for a couple of reasons, one is to
provide that the customer can go in from the front and any handicapped can park there
in the front and don't have to walk around the back of the facility~ We also believe that it
provides a little safer environment. For example this time of year when at 5:00 5:30 it is
dark and we don't have people out in the back of the facility. So I don't know, we tried to
conform with the landscaping once again it is consistent with what you have to the west
of the property. Other questions?
Corrie: Thank you
Glen Buday, 645 E. Missouri Ave., Phoenix, AZ, was sworn by the City Attorney.
Buday: We are planning to build as the plat shows or the site plan shows just east of
Econo Lube our building is about a 7,000 square foot building~ It is one of the newest
style buildings that Schucks is putting up at present. We are trying to expand our
services by about 1 00 stores a year and this will be one in the Boise and Meridian area.
It has a front entrance to it, we like to keep all of our parking up front where the main
entrance is. We also like to have our front entrance face the main street which is
Fairview. We try to have parking around the building but with the restraint of the size of
the lot which is the only I think about 130 feet of frontage it is very difficult to do that. We
would rather not have parking in the back because of the safety issues. Also people
carrying their batteries or oil or merchandise to the back it creates a little bit of problem.
Our hours of operation are from 8 to 9 in the evening, Mondays through Friday and also
Saturday. Sunday it could be from 9 to 7, let me stand corrected the hours of operqtion
depending on the manager it could be 8 to 7 on Monday through Friday and Saturday
and, let me get this straight. The hours of operation would be from 7 to 9 Monday
through Friday and also Saturday depending on the manager and 9 to 7 on Sunday. We
also try to incorporate landscaping as was mentioned in the front as well as along the
building. We tried to keep the drives wide enough so that we have correct circulation for
the customers coming in. We have a trash pad in the back that is out of view of the front
of the street. We also have a cross easement agreement with Econo Lube so that there
Meridian City Council
November 5, 1997
Page 22
is one main entrance to get into the facility and there is a cross access easement for
parking as well as drive. I am open to any questions.
Tolsma: Is this going to be a (inaudible)_
Buday: I don't think this one at this point is slated for commercial, I don't have that
information in front of me but I would be happy to get it to you. It is up to the manager
the size of the facility, the demographics as well. But the way the sales forecast were
made for this project to allow it to be in this location I don't believe that commercial is
part of it. That could change.
Tolsma: I had a few people ask me.
Bentley: I wanted to ask you about your signage, what are you planning to do?
Buday: We are looking at putting our typical, do you have that package there with you I
think it is in the package. Our plan would be a pole mounted sign that would be a 5 by
20. I think the package you have there shows a 6 by 24 we have reduced that to a 5 by
20. The front side would be about a 4 foot by 30 foot sign. The sign on the side of the
building would be probably a 3 by 24.
Tolsma: Those signs are the typical signs?
Buday: Yes the typical signs, very similar to the one that is over on Overland in Boise.
Bentley: Is there anyway we can get them combined?
Buday: Welt it is something that we can discuss, we both like to keep our independent
signs for obvious reasons. I don't know how we would be able to combine them.
Bentley: Have you given any thoughts to doing monument signs?
Buday: Not at this point, we have discussed it but we both also discussed the fact that
we need to have proper store identification which is typical for both Econo Lube as well
as Schucks. But we haven't put together any designs or haven't gone any further than
discussing it. It might be a possibility but we both would like to keep our independent
signs.
Bentley: What is your approach going to be when Boise goes to no pole signs?
Buday: Well then we would have to go to monument signs. We try, we stay within all of
the restraints and guidelines that the cities set forth. If that was a requirement that is
what we would do.
Bentley: I would sure like to see a little different signage on that.
Meridian City Council
November 5, 1997
Page 23
Corrie: Where do the signs go in the configurationr can you show me?
Buday: Then we would have a front sign on the front of our building and then a sign off
the east side.
Corrie: Any further questions?
Joe Canning, 5505 West Franklin, Boise, was sworn by the City Attorney.
Canning: Mayor and members of the Council, I am the engineer I guess the last
member of the team to speak tonight. I think I should start by saying I have specific
knowledge of item #13 and 14 and of course some knowledge of item 15. I think I can
give some direction as far as where to ask question perhaps more than anything else. If
you have specific questions regarding the annexation and zoning or the preliminary plat
I am probably the one to talk to. If you have specific questions regarding the conditional
use application I know some but probably the other applicants are little more
appropriate to ask questions to then myself. The preliminary plat is fairly straight
forward, it is four lots. It is to accommodate of course the two commercial buildings in
front. The two lots in the back are basically there because the distance from Wilson
Lane up to Fairview is too much. The applicant's don't need all that much ground. So it
necessitates the addition of those two lots in the back. I really don't have too much else
to add, I would be happy to answer any questions or I am sure any of the other team
members would also be happy to answer any other questions you have.
Morrow: Mr. Canning, what is the size in terms of acres of the entire plat now without
the back property?
Canning: The back property being the area south of Wilson Lane.
Morrow: That is correct the property that was at one time proposed to be R-2.
Canning: I have that, I may have to dig for it, 2.36 acres.
Bentley: Do you have any plans on those back two lots?
Canning: Not as far as the platting process goes, I may have to defer that question to
some of the other team members.
Thorton: At this point in time we are negotiating with the Schrandt family who owns the
property to the west. They would like to utilize the back portion of that I think for some
additional parking. Perhaps even to move some of bins that are so attractive up there
on Fairview, backward. We are trying to work that out as well as, at this time I am not
going to represent we will have a cross access agreement, we are tying to work that out
with the Schrandt's. Any other questions?
Meridian City Council
November 5, 1997
Page 24
Morrow I have a question of staff, Shari, Mr. McKeegan asked about the condition I, on
page 43, establishing 25 feet instead of 35 feet, your comments on that please?
Stiles: Typically on the new annexations we have been requiring the 35 feet. In the case
of D & B they negotiated so that it would be 25 feet and I just felt that for consistency
there the 25 feet would be sufficient.
Morrow: Thank you
Bentley: Shari, your thoughts on the signage?
Stiles: I would prefer to see monument signage, they did indicate in the public hearing
at the Pfanning and Zoning Commission that if that was the desire of the City that is
what they would do.
Corrie: Any further discussion? At this point I will close the public hearing on the request
for annexation and zoning.
Morrow: Mr. Mayor I have no further discussion concerning this issue I am prepared to
offer a motion with respect to the findings of fact and conclusions of law concerning the
annexation and zoning.
Bentley: I would like to have a discussion with the Councilor at least get their opinions
on the signage and possibly going with monument signs instead.
Morrow: Mr. Mayor, in response to Mr. Bentley's question my motion was going to
indicate that a condition of approval be monument signage and have the motion stand
the test or not stand the test~ Mr. Mayor, I would move that we adopt the findings of fact
and conclusions
Rountree: I just wanted to be clear is this motion for 13, 14 an 15 or 13 only?
Morrow: For agenda item 13 only because we have to do, I think the proper procedure
here is we adopt the findings of fact and conclusions of law and if that is acceptable
then we adopt the decision. If that is acceptable then we instruct the City Attorney to
prepare an annexation ordinance. And then based on the annexation ordinance we
would defer the preliminary plat until our next meeting upon adoption of the annexation
ordinance and then at that point in time we as a Council can approve the preliminary
plat and approve the conditional use permit. Mr. Mayor, I would move that we adopt the
findings of fact and conclusions of law as prepared for us by P & Z with these changes,
item I on page 43 to read Uestablishing a 25 foot landscape suggest as suggested under
the comprehensive plan and landscaping the same", the second item is a stipulation
and we will label that item #33 that the signage for both businesses Econo Lube NTune
(
Meridian City Council
November 5, 1997
Page 25
and Schucks be monument signage and that all other conditions of the findings of fact
and conclusions be left as written.
Rountree: Second
Corrie: Motion made and seconded, discussion?
Bentley: Do we have to adjust the acreage?
Morrow: Good point Mr. Bentley, question Shari?
Stiles: Is it spelled out specifically in these findings, we do have two separate legal
descriptions that delineate the C-G portion and the R-2 portion.
Morrow: Well for purposes of clarity I wish if I may Mr. Mayor incorporate in the motion
that the land area being annexed and zoned here is 2.36 acres. I do believe that it is
somewhere within this document.
Bentley: 2.36 is the back lots I believe.
Morrow: That includes the preliminary plat according to Mr. Canning's testimony the
preliminary plat would be lots 1 and 2 and 3 and 4. It is
Corrie: Well the whole thing is 8.5 is that correct and the part that we are talking about
as far as the request for annexation and zoning is 2.36 is that correct?
(End of Tape)
Stiles: (Inaudible) I guess would include thE? right of way.
Morrow: So my point would be in terms of the motion would not need to add property
size.
Buday: Since you have closed the public hearing am lout of line to ask a question?
Corrie: You may ask but we may not be able to answer.
Buday: I guess I don't have a problem with the monument sign issue as long as it is
consistent with what is going on adjacent to us in future growth of the area like the
Hollywood Video that is going in and the shopping center that is going to go in adjacent.
Is it going to be consistent throughout the area? That would be my question, obviously
as a businessman we obviously want to get as much visibility as we can. We want to
make this as nice an area for your City as possible. But if Hollywood Video and the
shopping center get different treatment than we are I guess I would just ask that
question.
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Meridian City Council
November 5, 1997
Page 26
Morrow: Mr. Mayor, if I may take a shot at this, I think it is clear that further west on
Fairview we have asked for monument signs in the recent past and that we are moving
in that direction. Obviously within 60 days there will be a change in Council it is difficult
to say and answer your question specifically that Council will see the same side of this
that this Council sees. So at least with this Council our move is toward monument
signage wherever possible.
Rountree: Walt makes a good point in 60 days it may be the position of the Council not
to allow street signage, no signage at all on the streets.
Corrie: I think your point is well taken, we have, we are going to be looking at it very
closely, we have other areas of concern of people next to 1-84 has the same type of
concern. Again Mr. Morrow's point is the fact that we are two are going out in January
and two are coming in and it could change. The matter that we are approaching
(Inaudible) monument signs will pretty much be the general sign from now on. So your
question is hard to answer.
Stiles: Mr. Mayor and Council, I don't recall that Hollywood Video or the Wingers
restaurant had any signage at all except what was on the building.
Buday: I appreciate you answering my question thank you.
Corrie: The motion has been made and seconded, is there any further discussion?
Morrow One further, the point is with respect to, and I want to offer this now although 1
believe it is an item that should be under the conditional use is that we should require
an architect's concept of a monument sign with respect to height and so on and so forth~
That is just an editorial?
Corrie: Any further discussion? Hearing none roll call vote~
ROLL CALL VOTE: Morrow-Yea, Bentley - Yea, Rountree - Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: Decision?
Bentley: Mr. Mayor, the City of Meridian hereby decides that the property set forth in the
application should be approved for annexation and zoning and issuance of a conditional
use permit under conditions set forth in these amended findings of fact and conclusions.
That if the applicant is not agreeable to these findings of fact and conclusions and is not
agreeable with entering into a development the property should not be annexed. There
shall be no development or use whatsoever of the property set forth in the application
as being used for anything other than in the planned commercial development for retail.
Meridian City Council
November 5, 1997
Page 27
Even if annexed and zoned general retail and service commercial C-G and such is
approved by the City of Meridian prior to commencement of construction and is
amended.
Rountree: Second
Corrie: Motion made and seconded on the decision as read and amended, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I would move we instruct the City Attorney to prepare an annexation
ordinance.
Tolsma: Second
Corrie: Motion made and seconded to have the City Attomey prepare an annexation
ordinance. All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO
LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE,
SOUTH SIDE OF E. FAIRVIEW:
Corrie: At this time I will open the public hearing, you have already given your
testimony but we need you to come up again.
Patrick McKeegan: 218 S. Cole Road, Boise, was sworn by the City Attorney.
McKeegan: Mr. Mayor and Council I would respectfully request that the testimony from
item #13 be entered with this item also.
Corrie: Anybody else from the public that wants to issue testimony on the preliminary
plat? Council we will probably need a motion for table.
Morrow: I think that is appropriate but we need to close the public hearing.
Corrie: At this point I will close the public hearing on the preliminary plat.
Morrow: Mr. Mayor, I would move that we table the preliminary plat to our meeting of
November 18th pending the passage of the annexation ordinance.
Tolsma: Second
Meridian City Council
November 5, 1997
Page 28
Corrie: Motion made and seconded to table the preliminary plat until November 18thr
any further discussion? AU those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND
LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY
ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE OF E.
FAIRVIEW:
Corrie: At this time I will open the public hearing.
Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney.
McKeegan: Mr. Mayor and Council I would respectfully request that the testimony
presented in item #13 be entered with this item also.
Corrie: Is there anyone else from the public that would like to issue testimony at this
time? Hearing none I will close the public hearing for the request for the CUP and we
need to also table this Council.
Morrow: Mr. Mayor, I would move that we table the conditional use permit for the
construction of the Econo Lube N'Tune and also the Schuck's Automobile parts store
until our meeting on the November 18th.
Rountree: Second
Corrie Motion made and seconded to table this until our meeting on November 18th, all
those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE RECESS
ITEM #16: RON VAN AUKER: DISCUSSION OF LAND TO EAST OF FUTURE
MIDDLE SCHOOL SITE:
Corrie: I would entertain a motion that we table that to November 18th since we need
some people here.
Morrow Mr. Mayor I don't necessarily disagree with that, from my perspective this is an
issue essentially requesting ground be added to Boise % mile west of Cloverdale Road,
I am certainly agreeable to listening to a discussion by the Van Auker people but for the
record (inaudible) any ground west of Cloverdale Road being incorporated into the
Meridian City Council
November 5, 1997
Page 29
Boise City Limits (inaudible) from the stand point of Van Auker (inaudible) they need to
understand that is my position (inaudible).
Rountree: I am not sympathetic to their issue, I will listen to them but I don't know that
they can build a very good case (inaudible).
Corrie: This was just for a discussion so if you don't want to hear a discussion you
certainly don't have to.
Morrow Well I guess from my perspective I am perfectly willing to have to Shari and
Gary and myself meet with the Van Auker folk and express my sentiments (inaudible).
Corrie: Okay, we will take care of that if you so desire to have (inaudible) come in and
see us.
Stiles: Gary and I did meet with Brad Miller and Gale Jenson and even though my
attitude was not a chance in hell they thought that my belligerent attitude was not going
to be the same as the Council. So that is why they wanted the audience.
Corrie: If you want me to come in there I would be happy to meet with them~ Gary and I
can soothe the savage beast (inaudible). Make a time and we will have a meeting with
theme
ITEM #17: FARM LAND LEASE WITH KENNETH ASCHENBRENNER:
Corrie: I believe you have that before you, any questions of staff or questions you might
have on this lease at this point for November 1, 1998.
Morrow: I have none Mr. Mayor, this is basically the same standard lease that we have
done. I think that the legal description outlines the property that he is leasing, the terms
are the same that they have been before. We earlier had assured Mr. Aschenbrenner
that he would have a lease if he had gone ahead and prepped for sugar beets
consistent with normal farming practices for that. So I would move that we enter into
this contract with Mr. Aschenbrenner, authorizing the Mayor to sign and the Clerk to
attest.
Bentley: Second
Corrie: Motion made and seconded to enter into this agreement as written with the
mayor to sign and the City Clerk to attest, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #18: CANVASSING VOTES FOR CITY GENERAL ELECTION:
Meridian City Council
November 5, 1997
Page 30
Corrie: Mr. Clerk?
Berg: Yes I will open up the ballot boxes and let you examine the tally books and the
polling books and if you have any questions concerning that. I think you all had in your
box a summary of the returns.
Morrow: Mr. Mayor if I might offer this my congratulations to the winner and
condolences to the losers and essentially I think we ought to make a statement as the
Mayor and Council somewhere that the turn out was pathetic and if folk want
democracy to work they have to participate. I don't know how you do that but it is a real
frustration. While we are waiting for Mr. Berg, Mr. Mayor point of discussion I throw this
out for guys to think about. There were some incidences with respect to City Employees
campaigning and so on and so forth. It seems to me that those were outside the bounds
of good taste and common sense and fair play. I would like to see us address what is
acceptable and not acceptable behavior on the part of City Employees being very
careful to recognize their right of free speech and have the City Attorney prepare for us
some guidelines by which we can address this issue.
Bentley: I agree with that also. I have a real serious problem with it in the fact that we
are in the midst of a contract negotiation with some of these employees. I feel that there
is possibly some grounds for the Department of Labor action on it too. But to give that I
have to have some documented proof of names and approximate times to proceed with
that. I am hopeful to do some checking and investigating we can come up with the
information.
Morrow: Mr. Bentley I don't have a problem with proceeding with that.
Bentley: While we are waiting for this, Charlie was so kind that totaled it up, the one
race -versus the other race and we are short about 200 voters on the bottom race. I
guess they only read the top ticket.
Berg: Just to make a point that people vote sometimes just for one candidate, some
people write in. It is just random, you can't try to make it an even Steven race. What did
you have Charlie for a difference?
Rountree: It was closer than I (inaudible)
Berg: I didn't think it was too bad.
(Inaudible)
Bentley: I move we approve the ballots and accounting records.
Rountree: Second
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Meridian City Council
November 5, 1997
Page 31
Corrie: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #19: WATERlSEWERfTRASH DELINQUENCIES:
Corrie: This is to inform you in writing if you choose to you have the right to a pre-
determination hearing at 7:30, Wednesday November 5 before the Mayor and City
Council to appear in person to be judged on the facts and defend the Claim made by
this City that your water, sewer and trash bill are delinquent, you may retain Counsel.
This service will be discontinued on November 12th unless payment is received in full.
Your are hereby informed that you may appeal or have the decision of the City reviewed
by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal
their water will be shut off. The amount of the turn off list is $56,762.26.
Bentley: So moved
Rountree: Second
Corrie: The motion has been made and seconded that we approve the turn off list. All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #20: APPROVE BILLS:
Bentley: So moved
Tolsma: Second
Corrie: Motion made and seconded to approve the bills, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #21: DEPARTMENT REPORTS:
Corrie: Ms. Stiles
Stiles: Mr. Mayor and Council the first item I had was on Meridian Automotive, as you
recall they recently did a conditional use permit to add to their building there. Since that
time they dug out a lot of the right of way and the rail road right of way and are putting in
some road mix. Through my discussions with John Nesmith it is his intention to use that
access off of East First Street for the rail road as a driveway to go into his property
there. He had a building permit application in at the City. After I talked to him and told
Meridian City Council
November 5, 1997
Page 32
him that he wasn't approved for any use of that property he continued. So Dean went
out and also talked to him and told him that was not in accordance with his conditional
use permit and to stop and also send him a letter giving him the findings of fact and
conclusions of law and stating that he was in violation of his conditional use permit.
Since that time and since the work continued we let him know that we were not going to
issue the building permit, it didn't appear that he was willing to comply with the terms of
the conditional use application that was approved. And then he had his attomey contact
me saying that it was not an encroachment of that because they had a lease with Union
Pacific Railroad and that meant that they were able to use the property anyway they felt.
That encroachment would be building on it and that is not my definition of encroachment
but since it is not defined in our ordinance that is pretty much where we stood. The
attorney wanted to settle it as soon as possible. He agreed if John wanted to use that
for a driveway he should come back in with another conditional use permit to get that
approved by Council. In the mean time they want to get the building permit so we had
agreed if they would go ahead and finish leveling out what is there and have a notarized
statement that they promise to cease and desist until they went through the proper
approvals and then they could get their building permit So I just wanted to update you
on that, that he may be coming back in. I don't feel that it was appropriate for him to be
using that access directly off the tracks for a driveway not intending to pave it or
anything else~ We had indicated that if anything that should be beautified. The work he
has done there has been improvement as far as what it looked like. There were a lot of
rail road ties and it was weedy. My fear is once he gets his building permit and he gets
an occupancy it will become an overflow impound yard or who knows what. I just
wondered if you had any comments on that?
Morrow: I have a question, where does the rail road property how far does it go in terms
of this particular building. Is the rail road property end at the fence line or does it go on
into. Historically the rail road property has been about 200 foot wide swath.
Stiles: 1 00 feet each side.
Morrow: So is the building that they are currently in is that owned is the ground under
that owned by the rail road?
Stiles: No, I think where their property line is right now is where the existing fence is.
Morrow: So let me ask you this, does not Union Pacific have some say in who gets to
use their property and who doesn't use it?
Stiles: They entered into a lease. I called Union Pacific Rail Road and asked them about
it and when I talked to the real estate guy at Union Pacific rail road and told him about it
being old town and that we need to approve all uses and that we were preserving that
as an open corridor he acted like well it is none of the City's business what they did.
Meridian City Council
November 5, 1997
Page 33
Morrow Well it certainly is the City's business because in terms of annexation Union
Pacific as I understand it has had a policy not against opposing annexation of the rail
road right of way within annexation of developments that are adjacent to it. So once it is
annexed it would be under the same rules as the conditions of the annexation for
everybody else would it not.
Crookston: It would
Morrow: So I guess in my opinion the same rules apply to them as apply to anyone else
in any other kind of zone. As long as they have an executed lease with Union Pacific
that gives them the right to come and ask for a conditional use. (Inaudible) so what I am
asking is even given now that the valid lease is there they stilt have to go through the
same conditional use process as anybody else would.
Crookston: That is correct as long as that leased ground was not included in the initial
conditional use.
Bentley: There is also another problem they have got that ACHD isn't going to allow
them access with having gravel right up to the edge of the current pavement.
Stiles: I think their policy is paved a minimum of 30 feet back. But that access is so
close to the tracks John said he wanted to use that access and use that property as a
driveway because with the new configuration of his building he didn't want to have to
make such a sharp 90 degree turn to get his vehicles into the building. Which I can
understand but he should have known that before he submitted his conditional use.
Bentley: But a follow up to that too when UP came in here and saw these temporary
docks for the regia sprinter that guy went into orbit that there was something going on
constructed so close to the tracks~ I just find it hard to believe that they would turn
around and lease it and let the guy virtually drive up to the tracks. I can foresee
somebody parking up close to the track and a train coming along and we will pick him
up about a mile down the road.
Tolsma: I think Union Pacific was used on the main line and these guys are on a side
track over there which is (inaudible) and it goes on through (Inaudible)
Corrie: So have they agreed to come back to Council with a conditional use permit?
Stiles: I haven't heard from John, I have only heard through his attorney. That his
attorney agreed that if he was going to do that he needed to come back through for a
conditional use permit. Once he gets his building permit he is not going to care.
Tolsma: (Inaudible)
Meridian City Council
November 5, 1997
Page 34
Stiles: I don't know if you have noticed it there just south, he took out a lot of dirt in there
and I guess there were some rail road ties and he offered to go get it and put it back in
there. I don't really know what the whole story is, he has taken out a lot of dirt He has
gone to a lot of expense and he is putting back in a lot of road mix but it looks like the
road mix is going to cover the entire area between his property and the rail road. I can't
imagine anyone going to that expense just to get a driveway.
(Inaudible)
Rountree: (Inaudible) ACHD needs to make the decision relative to access.
Stiles: There is an existing curb cut So I don't know if they would even comment.
Rountree: They may, they may want it closed.
Stiles: I don't know, I asked Ada County Highway District about it and they said it was
pretty much a City problem. But if they got another application they would deal with it
then.
Smith: Mr. Mayor, I think as I recall when East First Street was improved that access
was just for the rail road to do their periodic maintenance of their right of way. That
access has gone unused since the thing was built, but it sure seems to me like that is a
big time problem and if he is going to use that as access in and out and it is that close
the rail road I don't know why somebody shouldn't say something. Maybe it is a
condition in the lease I don't know. It should be addressed by somebody.
Tolsma: I think we ought to have a copy of his lease.
Stiles: I will see if I can (inaudible)
Corrie: (Inaudible) we haven't given him the building permit have we?
Stiles: I don't think so. I just wanted to kind of see what you thought. The next item
despite what was said in the Statesman I am not saying I am real excited and how
wonderful it would be to have this Hubcap Heaven in the NAPA store. It is not Hubcap
Heaven it is not the one that is down in Garden City with the Hubcaps all over the
outside of the building and the trash heap. I can't remember the name of it, it is a
franchise, apparently they are operating now in Utah and Oregon I believed. They said it
was all contained inside the building and there would be no outside display of them.
This doesn't have to do with Hubcap Heaven as much as all of the stores in Old Town
that become empty and this conditional use process that is not working very well and is
discouraging people from filling up those empty building. There is a clause in the
ordinance that says similar uses may be continued with new owners as long as it is a
similar use they may continue that use with new owners and new occupants with a letter
from the Zoning Administrator or that the Zoning Administrator may refer it to City
Meridian City Council
November 5, 1997
Page 35
Council. I guess I would rather refer it to City Council then run everybody through a
conditional use permit. Everybody that has come in about the Intermountain Arms or we
are going to have Lumberman's here pretty soon and the NAPA store. First thing if you
tell you need a conditional use permit they don't want to have anything to d with it they
would rather go get a new building.
Tolsma: (Inaudible)
Stiles: That is what they thought, it is a similar use
Morrow I don't have a problem with this, I guess where I am seeing this, if somebody
comes along and that is clearly the same as what was there before loosely we can
(inaudible) and the Council can say go forward with that then they don't need a
conditional use. Even at that it is a little onerous to the extent that it could be a two week
period. You and I have had the discussion that very rarefy will a renter or a buyer wait
two days to find out whether they can buy or rent be it individual or businesses. So if
somebody is willing to wait two weeks for a determination of whether they need a CUP
or not I don't really have a problem with the staff saying it is the same we will get it
verified with the Council but go on with your deal.
Stiles: I understand why it was written the way it was because you could end up with
anythinga
Corrie: That is where staff can make some of the decisions made.
Bentley: Two points on this, first off is I don't think it would need to wait a 2 week period
for us to show Upa I think the ordinance gives her part of the authority to make a
decision on that. If she has a question she can call us. Secondly how do we control say
somebody wants to go in there selling hubcaps, under the situation you are saying how
does she say you can do that but (End of Tape)
Morrow: Well very candidly from my perspective you could do it in the same format of
the hearing officer with conditions of approvala You can empower a hearing officer to
make, or listen to the presentation and then come back with these are the conditions of
approvaL You have the right to appeal to the Council if you disagree with that in which
case you go on the agenda.
Bentley: I agree if we are going to follow it like that it is just that we need the safe
guards in place and I agree with the fact that the conditional use in some of these areas
it is going to kill us if we don't clean it up.
Stiles: We could through a certificate of zoning compliance that is issued to them outline
the signs and those kinds of things.
Meridian City Council
November 5, 1997
Page 36
Bentley: That is my only concern to make sure that we, because we have already
started the process to try and clean up some of the stuff and we want to make sure we
continue it.
Rountree: That would be my only concern, I think the zoning certificate is the way to
condition it and rely on some of the language in the zoning ordinance to be the control
of architectural appearance and signage and that sort of thing. But I (Inaudible) another
bureaucratic process. If it is reasonable and it is an outfit that has a track record they
have a presentation that had credibility I would say staff go with it. You are going to
have to rely in some cases on gut instinct but some of the stuff is pretty obvious if you
feel you have enough control.
Stiles: I am not sure we have that~
Corrie: Well if they don't abide by the rules that you write in .that agreement then they
come back to the Council and we will take care of it.
Rountree: (Inaudible)
Stiles: That is the thing even when they go through the conditional use process they
don'f comply. We this Hair Galleria down here that specifically they were to have all
signs approved not to have the temporary signs welJ they have a temporary sign sitting
out there. They knew that they had to go through the Councilor at least to get a license
for having a massage therapy there and they have a big sign out front saying massage
therapy and they have pretty much thumbed their nose at Dean and said quit harassing.
Bentley: Are they under conditional use?
Stiles: Yas
Bentley: Send them a letter and tell them they have ten days to get in here and
straighten it up or we are going to open a hearing to pull their conditional use permit and
we will just shut them down.
Stiles: Can the police department issue citations for somebody running an illegal
establishment for the massage part of it?
Gordon: I don't think so (inaudible)
Stiles: I don't know how that reads.
Berg: I am not sure either but the requirement is to have a license for massage therapist
whatever manner it is. When those peddlers are selling door to door and you stop them
can you issue them any citation or you just say you have to go get a license and they
run off and you don't see them again?
(
Meridian City Council
November 5, 1997
Page 37
Gordon: (Inaudible)
Morrow: Mr. Mayor, part of the answer here is the conditional use the City has the right
to review, all we have to do is send them a letter that we are going to review their
conditional use based on the perceived violations and start the process. Then we have
given them notice or given them their due process their opportunity to have a discussion
before the Council and the Council hears it and either they comply or we disband the
conditional use.
Corrie: Mr. Crookston, can't we have a standard letter to that effect that once the
Planning and Zoning person notifies them and gives them the ten day notice out or do
we need to tell you and you send the letter out.
Crookston: We can have a standard letter.
Rountree: I guess my question on that particular issue is the thing I would ask myself is
do we need to regulate massage therapy at this point in time and history any more than
we need to regulate hypnotists that we have in our regulations and ordinances. That is
the first thing I guess I need to ask myself is if that is something we even really need to
regulate. If we do then let's press the issue, if we don't then let's take a look at our
ordinance.
Gordon: Mr. Mayor and Council I don't have hackles, I lost them a long time ago, the
regulation on the masseuses and the massage parlors was a prevention ordinance that
was brought in I think just prior to you getting on the Council Mr. Rountree. What this
does is it regulates prostitution and it closes the door on this is where prostitution moves
in is through massage parlors and masseuses. They come in and call themselves one
thing. This ordinance eliminates that possibility. When they come in for the background
check then we know what they are and if they are massage therapists which is all we
have had so far and they have all been good ones. But that ordinance keeps the shady
ones out, so I will throw that back to you. Do we need that ordinance.
Rountree: No, if you are that impassioned and that is the reason why then it seems to
me you are the regulator.
Gordon: This was at the suggestion of the Boise police department that we had this on
before they got into the problem that they had.
Corrie: Believe if we kept that out (inaudible)
Crookston: I believe we have had the ordinance for close to ten years.
Berg: My question to Shari on this conditional use, I don't know if the owner knows that
there is any violations or anything being done. We have been contacting the building,
Meridian City Council
November 5, 1997
Page 38
the guy that was there that used to have the insurance company there. He seems to be
very conscientious about certain things so if he knew that there were some violations
being done he may be putting some hammers down too.
Stiles: Well it kind of blind sided him to even think that he had to have a conditional use
because he owned the property for so long. But sometimes I don't know if the owners
know what it is going on with the occupancy of their building and if it is in violation then
maybe address a letter to him stating some situations that we need to get some help on
and if he knows he could have his conditional use permit come up for review again then
maybe he will put some hammers down on the renters.
Bentley: We received quite a list from Dean a whole list of these violations that we have
got and the same thing I think should be applied there. I think it should be automatic I
don't think he should need to come before us and ask us what should I do or whoever
your enforcement officer is going to be. We have set the rules, we have set the
ordinances they need to just go ahead and start issuing the letters and starting bringing
these people forth up for review. And maybe if we bring a couple through here and they
see that we mean business maybe we can knock off some more of these people from
even attempting to go through it like this.
Morrow: Mr. Mayor, I think part of that list that Glen refers to however was occupancies
and temporary occupancies and those kinds of things. I think if memory serves me the
Council was going to have a discussion about we have some enforcement issues there
and we have some problems with that and we were going to have a discussion whether
we were even going to press head with occupancy certificates or not. And so I am not
sure that we have horse power at least with temporary stuff that is not CU's to do
anything other than to have a discussion about what it is we are going to do with
occupancy certificates.
Corrie: Good discussion material, I think you have the Hubcap thing pretty well taken
care of.
Stiles: Elvira hasn't come before City Council yet, this is a subdivision on Ruth Crow's
property just west of Danbury Fair. Where Five Mile Creek runs through here, the only
thing I wanted to talk to you about is Ada County Highway District has requested that
this piece of Washington Avenue that you previously saw I think as D'Arlene Stutzman
wanted it vacated to I don't know what she was going to do. Now as they proposed it, it
is still is public right of way, Ada County Highway District would like that taken out and
vacated. The developer could do it but probably end up having to pay for it They said if
the City wanted it they would vacate it and give it to the City for a future pathway. I
don't know what that does as far as liability. If this is accurate and I believe it is all of this
30 foot width here clear across the creek is right of way~ There is an existing old flat
bed old rail car that crosses the creek there it looks like at least it is off of this 30 foot
right of way so that easement (inaudible). I don't know if the City wants to get into
maintaining that or that may be up for discussion I guess when they come before. Ada
Meridian City Council
November 5, 1997
Page 39
County Highway District did want a response. I told him I couldn't give him that
response, I didn't know 'Nhether we wanted. In the future we may take over ownership
even of the Five Mile Creek area for a pathway if we are able to construct anything
there. I wondered if you had any ideas one way or another.
Morrow: Let me ask the question there if the City of Meridian takes it do we buy it from
Ada County.
Stiles: No
Morrow What is the difference with letting the development folk have it and use it as a
buffer or 'Nhatever for landscape stuff and not charging them for it?
Stiles: Apparently it is in their policies that if it is transferred to another public agency
they don't have to get fair market value for it
Morrow: So 'Nhy don't we get and then give it to the other folk and then let them
maintain it. I am opposed to having lots of little pieces of property (Inaudible) and we
don't have the capabilities of maintaining it
Corrie: Would the developer want it if we gave it to them?
Stiles: But if the City owned it doesn't the City have to follow the same procedure as far
as disposing of a piece of real property~
Morrow: Well we can set the price that we want to set.
Crookston: You have to have it appraised.
Bentley: Tell the Highway District we will take it if they waive the balance of 'Nhat we
own them over at Tully Park.
Stiles: I don't think they are that hot to get rid of it.
Crookston: Is there some roadway that is going to cross the Five Mile Creek
somewhere?
Stiles: Danbury Fair is already developed
Corrie: There is a possibility that we could get Five Mile Creek as a pathway but that is
down the road.
Stiles: That is 'Nhat I was thinking was down the road, but Danbury Fair is all fully
developed 'Nhere this would cross would be well here is the right of way there. There is
a drainage lot where this flat bed car crosses the creek would line up about where that
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Meridian City Council
November 5, 1997
Page 40
drainage lot is so there could be a connection between Danbury Fair but never a
roadway connection.
Tolsma: (Inaudible)
Bentley: If we took that over we could take this out and move it over to Tully (Inaudible)
Morrow: Let me ask you this what if we do nothing here until a developer (inaudible).
Stiles: That is a possibility ~
Morrow: Or let Ada County solve the issue themselves.
(Inaudible)
Stiles: They do show a private drive come down here too, I guess we need to address
that when it comes to Council. They have this 30 foot of right of way it looks like it ends
right here. They would have the public roadway and then the strip in there that is
private~ So we would need to make that connection but I think it is going to be a pretty
vital connection if we ever do anything with Five Mile Creek.
Morrow: And I guess my point here is that is a real speculative thing. That is contingent
upon us getting it from Bureau of Reclamation.
(Inaudible)
Morrow: The other thing is we can do it in such a manner that the developer gets the
piece of property as part of the landscape buffer with the idea that if it ever becomes a
connector to the Five Mite pathway that it has access to Five Mile pathway and we not
own it. But (inaudible)
Stiles: I would think they are going to want some landscape buffer here to hid this.
Tolsma: (Inaudible)
Stiles: Okay, so I will just tell Ada County Highway District we have to wait until it gets to
City Council and deal with it as part of the public hearing process. That we don't have
an answer for them now. I have two things that is not on here. One of them is ham radio
towers, Dean got a phone call somebody wanted to put up a 25 foot tower and my
grandpa is an old ham and my son is a ham and I guess.
Corrie: By their house?
Stiles: Yes a 25 foot tower we actually have an ordinance that Dean found on antennas,
television and radio antennas. There is a permit required it is $2.00 but I don't think it
Meridian City Council
November 5, 1997
Page 41
has ever been done. I would hate to have to run somebody through a conditional use
permit for a 25 foot. The FCC regulates them as far as interference with other signals. I
don't know which subdivision it is in.
Bentley: Some of the subdivisions don't allow them.
Stiles: Well they can check their covenants, but then that would be up to the
homeowners association. I had no problem with somebody putting up a ham
Morrow I guess I have a major philosophical problem with this because and we have
had this discussion the four years that I have been here. (Inaudible) especially when we
have approved by virtue of the approval process of the subdivision the CC&R's. What
we are doing is automatically creating conflict (inaudible) putting the burden of
enforcement of the CC&R's upon the homeowners there who are really innocent
parties. So from my perspective is that the CC&R's prohibit them I don't want to have
anything to do with them (inaudible).
Crookston: That is the case with almost all of the home occupations and day care
things, we allow them.
Morrow I am saying that I think we are making a mistake, we the City of Meridian is
creating the internal turmoil within the subdivision that comes from this and
consequently the expense that the homeowners have to go to hire legal representation
to try and iron out the issue that wouldn't (inaudible) in most cases.
Corrie: Of course that goes, Mr. Morrow and I go back a long way I said why do we
have to even approve CC&R's if we don't enforce them. (Inaudible) I don't think we
should get involved with (inaudible)
Stiles: I have no idea even how old that ordinance is.
(Inaudible)
Corrie: I am like Waft say check their CC&R's if they don't have anything against that
then 25 foot antenna (Inaudible). I would agree that if it is in the CC&R's why do we
approve something that they get in trouble with.
Crookston: But they can cause interference with television and other radio.
Corrie: If they do then the FCC makes them take it out. True hams won't have a
problem with that (Inaudible).
Stiles: But this person is being penalized because he is trying to do things the right way
whereas when I put the one up at my house I just put it up. So what do you want me to
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Meridian City Council
November 5, 1997
Page 42
tell this person just look at his CC&R's and if they don't have any regulation the City
doesn't have any problem with it.
Bentley: No the City doesn't have anything to do with it.
Stiles: When Dean went to the building department they said yes he needs a permit
and the permit is $2.00.
Morrow: If that is the regulation that is the way it is.
Corrie: (Inaudible) but that being the case (inaudible)
Stiles: Okay, one last thing, Walt has seen this previously, this is Gordon Harris's
property out on Eagle Road. It is the area, it is about right in here in this mixed
residential area. He has got 17.5 acres and I told him that I would go before the Council
and approach them one more time. He didn't like Walt's answer or my answer. Our
comprehensive plan says minimum five acres, Ada County's comprehensive plan says
minimum 5 acres. However Ada County staff continues to send everyone to the City of
Meridian to see if maybe they will approve it, a rezoning to go down to 2.5 acres or to 1
acre. I can certainly understand if he wants to live in a development that has larger
acreages, I explained our problems with those acreages and getting them sewered later
cost effectively and also the problem with urban density coming in all around and these
people screaming that they bought out there for this rural lifestyle and their being
surrounded and we are not following the comprehensive plan because these people
have to buffer them with acre lots all around. So I just wanted to get input from
everybody on what you think anything less than the five acres that is in our
comprehensive plan. Do we ever want to consider going to a lesser acreage 2.5.1 went
out and visited a gentleman today south of Amity on Locust Grovea He has 20 acres, the
most beautiful you ever say, rolling terrain, it is actually next to the sand and gravel
place that was out there. I guess they are out of gravel now. The guy is wanting to retire
and move onto a place where he doesn't have the upkeep, it has $8 million of gravel
under it. But he can't sell the property for more than $5000 an acre because he can't,
because it is a 5 acre minimum.
Corrie: How much land does he have?
Stiles: 20 acres
Corrie: So he could only sell it for $5000 an acre
Stiles: He has been told that he could get $5000 to $6500
Corrie: Is it fairly flat?
Stiles: No, there is a portion of it that is flat, there is another portion that is rolling.
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Meridian City Council
November 5, 1997
Page 43
Corrie: Could it be made into a park?
Stiles: Well it would be a lovely park, but I don't know if the City is wanting to go out that
far or as far as (inaudible).
Morrow: Shari, part of the answer to his question is $5000 is not a realistic number of 5
acre tracts. Very recently they sell for in the neighborhoods of $60,000 to $70,000. I
guess when you and I visited with this gentleman a long time ago it was sure there was
a way they can do that outside of the comprehensive plan amendment. Very candidly
something as small as 20 acres doesn't make a lot of sense to do a camp plan
amendment. I think the bigger issue in terms of us is that if it -is less than 5 acres in size
then as we had the discussion with him we have all the issue with sewer, you have all
the issue with fire protections and all the other things that come up with this. Very
candidly I don't see that my attitude hasn't changed, it needs to be 5 acres and call it
good. I am sympathetic to the fact that given their ages it would be nice to sell it now.
But there are also some numbers out there that are $10,000 to $12,000 an acre for raw
dirt located in the right place. Granted that is probably less than what it will bring
developed but our job is to protect our impact area and to create a City long term and a
City long term with 1.5 to 2 acre estates can be very nice but it has to be a large enough
development they work and it also has to be done with the understanding that there
might 8,000 square foot lots surrounding it.
Tolsma: The other thing too that I have seen when they go down to the smaller lots is by
the time they build the house and the garage and an outbuilding on it there is not a lot
big enough to put an animal or anything on so it just becomes trash and junk and
everything else. They just store stuff there~ But if you have a larger area by the time
you get building on there and your house and your garage you still have enough room
out there for animal or raise some hay or com or big garden or whatever. It seems to be
a lot well better taken care of when they are larger tracts. If they get down to 1.5 acres
or 1 acre tracts and you can look around the City of Meridian here and pick out every 1
acre lot subdivision around here because 75% of it is weeds.
Morrow: I think the only exception is like when you do something like Banbury clearly
that is a case where a case very well done and they are done as estates but it is also a
sufficient size that it makes economic sense to do that and none of these don't, it just
doesn't make sense to do that. Ron's scenario is absolutely correct.
Tolsma: A prime example of that is the one just off the freeway right out here at the end
of Linder Road. You can drive down the freeway and see one acre lots out there.
(Inaudible)
Corrie: To move it along what is the Council feeling on this one.
Rountree: Keep the county direction of the 5 acre.
Meridian City Council
November 5, 1997
Page 44
Stiles: I will be having a conversation with Bob Unger about, I have had the
conversation before, this is what our camp plan says, this is what your comp plan says
don't send these people out here to try and get us to approve something elsea But it is
still happening and it will continue to happen. I just wanted you to reiterate what I have
already been telling him and make sure nobody had any different ideas.
Corrie: (Inaudible) Chief?
Gordon: Nothing Mr. Mayor
Corrie: Mra Smith?
Smith: I just had one item Mayor and Council, it is a change order for the clarifier
project at the Waste Water plant. I think you have copies you should have had a copy
in your bin for some electrical revisions to the contract that we have with Turnkey Inc. I
would request your approval of the change in contract amount of $2,482.20.
Corrie: Anybody have any questions of Gary on this?
Morrow: Mra Mayor, I would move that we approve the change order for net increase of
$2,482.20 executed on behalf of Turnkey Inc. which would bring the total contract price
with approved change order to $613.082.20
Rountree: Second
Corrie: Motion made and seconded to approve the change order of $2,482.20 for a total
of $613,082.20 any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you
Corrie: Counselor?
Crookston: I sent a letter and copies of my pre-answer motion to dismiss the Ada
County versus the City of Meridian. All of you Councilmen were served tonight The
letter stated I had no objection to the lawsuit going on if they were willing to amend their
restraining order. I asked the restraining order by amended so that the police
department could continue to act as it always has done in the past. I sent that to Susan
Thomas at approximately 3:00. Tonight you were served by Erwin Sonnenberg with the
complainant summons. I assume there is no possibility of an agreementa
Corrie: He was to serve that before you ever got it to them, he served me at 2:00. So he
didn't know anything about it and I don't think they did either. The service was
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Meridian City Council
November 5, 1997
Page 45
requested by the Sheriff that they serve each one individuallYe She didn't know anything
about that, the two getting together on that one~ I am not saying you are wrong.
Crookston: It could very well e but I have had no call back from her and I faxed
everything to her and I have had no call from her. So the matter is still pending before
the court and before it was my position that the restraining order probably could be held
to not be enforced because the mayor or the City Clerk had not been served with any
documents~ But since they have not been served that case is now pending and I will file
a response to the complainant.
Bentley: It would be my preference that we don't sit here and just play pass the paper
back and forth between the two attorneys and drag this thing on. I just assume we get
on with the show and let our side be told before the Court~ I understand the judge
instructed you to try and work it out between the two attomeys~ I think you have made
the attempt and if they just turned it down then we press on.
Crookston: Just to inform you we have no way to make this go any faster than the court
is willing to allow it to go.
Bentley: And I understand that but I am saying that the Court I believe you said
instructed that if we could not reach an agreement between the two attorney parties that
we were to come back before the court both sides at the same time to tell the story is
that correct?
Crookston: I don't recall that I told you that but that is just the way court cases work. We
have to file an answer to their complaint. They have filed the restraining order, we have
to have a hearing on that within fourteen days after it was served which would be today.
They have asked for a preliminary injunction. They have now served an order to show
cause. To my knowtedge that has not been set for a hearing date but it has to be heard
within 14 days after it is has been served or else it is not in existence any longer. So I
assume we will have a hearing within 14 days from today.
Corrie: Anything else Mr. Crookston?
Crookston: No
Corrie: Mr. Morrow?
Morrow: Pass out with respect to last time I gave you all a copy of the proposal over the
next several years for sewer expansion plans for capacity and so on and so forth. I have
that now tagged also with our capital improvement plans for water so now there is a
copy here for each of you of both sewer and water long term plans~ As you can see the
situation here as you read these over in the near term is that the population estimates
are very conservative~ If we continue they are reflective of somewhat a little bit less than
what we have been currently growing at if we have any kind of spurt in terms of
Meridian City Council
November 5, 1997
Page 46
population that would simply mean the schedule would need to be accelerated. So on
both sides of the sewer and water. So the purpose in having that is a reference tool for
you and future Councils showing what our plans are and our projections are. Hopefully it
would work out this way with an even steady growth, I think that is dreaming, the reality
is that this may be a very conservative document and future councils and mayors need
to be prepared financially to accelerate the population as required by population growth.
Are there any questions? Next thing in our box was a letter from Cherry Lane
Homeowners Association and Vernon Croft wanting to know where we are with the LID
I guess that is a good question. Does anybody know where we are at with that?
Corrie: The letter is going to the Nampa Meridian so we see what they are going to tell
us. Shari did you get those from the comment that Gary made a copy of that yet?
Anyway as soon as we hear from Nampa Meridian Irrigation on what they allow the
fence close to the sidewalk or back whatever it is then we have to make the decision to
go after that is done approved or disapproved. Gary has got that all planned out, I
thought each of you had a copy of that but maybe if you don't I will see Jim in the
morning.
Morrow: Maybe then a response then to Mr. Croft would be good notifying him where
we are at.
Corrie: I have also notified Don Howell by phone and I will send a letter to Vem or call
him.
Morrow: In our last meeting we had discussions in terms of an overlay in terms of the
existing City Hall layout so we can compare that to the proposed remodel.
Corrie: We just got it today
Morrow So it will be in our boxes tomorrow.
Corrie: We got it at 5:00 today.
Morrow: That is basically all of the issues that I have as far as I know.
Corrie: Mr. Bentley?
Bentley: I have got a question on some street lights. I had a kid run over in a cross walk
on a bike out there at Cherry Lane and Linder. I mentioned this to Will before, they
have those pressurized sodium lights out there that you can't see a damn thing with.
You would be better off with a candle (inaudible). Is there any way to get those changed
out, that is going to be a commercial intersection anyway to get them to where we have
some lights. Secondly we are going to need to put some street lights on the south side
of Cherry coming up toward that school, those library lights don't do a damn thing for
that out there. We have got all of these kids I know they are jaywalking across there.
Meridian City Council
November 5, 1997
Page 47
Especially this time of year when they are going to school, it is very dark on that south
side. How do we deal with that?
Berg: Get some money and put some things in. On the intersection of Linder and Cherry
lane, at the intersection?
Bentley: Yes he was right at the cross walk.
Berg: Well if I am not mistaken aren't those lights put of by ACHD for those signals and
we have no control over the wattage or whatever. I can sure call (inaudible) we have
discussed the shadows on Cherry Lane. I knew the library wasn't going to cover the
light because we put some dampers onto the lights to shine to the neighbors back yard.
Bentley: But I mean the south side where the school is I mean it is absolutely black over
there when those kids cross the street.
Berg: Well we can require the school district to put up some lights along the Football
field. If Stubblefield would finally develop their property we would have some lights
maybe on that side, but I understand what you are saying. We put some lights on
existing poles on the north side. There are just not any poles on the south side.
Corrie: Is there any power over there?
Berg: I don't think, I don't know if there is. Just to follow up we have talked to Idaho
Power about having street lights along Franklin Road the rebuild. They were looking into
making sure there were some drop lines or something for us to add some lines because
when you have a five lane road it gets kind of dark across the street~ I will talk to Idaho
Power and see if there is any power on the south side at all that we can even put up
one or two~
Bentley: I think anything would help.
Berg: For those couple that one private drive we put up a street light that was on the
north side that was just right across the entrance there but I will check into that further.
Bentley: Secondly did you bring that check with you? The Chief out of his training
budget gets these tests for giving the officers. He had some extra ones they sent them
back so the next time he needs them he would have updated ones. Instead of them
crediting him they turned around sent him a check back for $492 I would like to know if it
is possible to have that check put back into his training budget so that when he needs to
order these tests again when he gets new officers he can turn around and reutilize it.
Morrow As opposed to it going into the general fund?
Bentley: Right
Meridian City Council
November 5, 1997
Page 48
Morrow: I don't have a problem with it because it was intended to be a credit and it is
not a fee or a monies coming due us from services rendered. It is very simply a credit
that can go back, as long as it goes back into the same fund it should be fine~
Gordon: What I was curious (inaudible)
Corrie: That is the easy WaYa Mra Rountree?
Rountree: I just had a question for Gary, is everything moving along smoothly on Tully.
It looks like they are moving dirt and staking the parking lot.
Smith: It is Councilman so far, we did have a bit a glitch with Idaho Power~ The poles
are going to stay where they are and the sidewalk is moving to the east. So we will have
a parkway strip between the curb and the sidewalk as opposed to having the sidewalk
up against the curb, the power company gave us some bum information on the cost to
move the poles. When we finally nailed them down or tried to nail them down they
scattered on us.
Tolsma: What is the big hole they are digging out in the middle?
Smith: I don't know
Tolsma: It is pretty close to where that canal should be tiled through there, it looks like
they are just scooping a big hole out there in the middle.
Smith: I don't know unless they are excavating for that, we have about a 1500 square
foot building which has the rest rooms in it and the shop area.
Tolsma: I thought it was more back toward the south. This is kind of right out in the
middle of the whole park.
Smith: I have no idea, unless they found some junk that they are having to haul (End of
Tape)
Corrie: (Inaudible) I gave those to Walt you guys can review them at your planning
meeting and go over thosea So I have talked to Walt about that. Also parks impact fee
committee will be meeting very shortly. We have an annual meeting we have to do with
the laws, they will go over the impact fees for parks.
Morrow: Are you and I still on that?
Corrie: The Committee that started that is still there, that is us and we will notify these
people as soon as we get, Shari and I are working on all the preliminaries for the CIP
and all of that. We have to do that go over it once so it is still legal. Charlie I gave you
that one for (inaudible)
Meridian City Council
November 5, 1997
Page 49
Bentley: Would you add for your foot notes when we have a planning meeting about the
collection of park impact fees. We had an interesting proposal brought forth.
Corrie: Yes, you might discuss that at your meeting on the 25th, I will not be here at that
planning meeting on the 25th I have a previous engagement. I will write that up. Clerk
anything?
Berg: I just wanted to make a comment to the Council I know some of these ordinances
took a very long time to get but I think in the best interest of the City that it is well worth
going over them and getting them done right so we don't have to go in the books and
change them after we make the mistake. So in any essence the diligence of doing them
right the first time is better than going back and trying to cover up mistakes.
Corrie: With that I will entertain a motion to adjourn.
Morrow So moved
Rountree: Second
Corrie: Motion made and seconded to adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 10:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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CHANGE ORDER
at; ecrw.,cU II-S'9~
~ tkff.. IltftJa-
4_~"
I
No. -L
Date: 10/15/97
PROJECT: Primarv Clarifier Addition
OWNER: City of Meridian. Idaho
NAME & ADDRESS: City of Meridian
33 East Idaho
Meridian, Idaho 83642
CONTRACTOR: Turn-Key. Inc.
CONTRACT FOR: $610,600 (incl. e.G. No.1)
ENGINEER: Keller Associates, Inc.
ENGINEER'S PROJECT NO: 196030
You are directed to make the following-changes in the Contract Documents:
Description: See attached.
Purpose of the Change Order: Necessary electrical revisions.
Attachments: (List Documents supporting change)
1. Description of Changes
QFCFIVFO
OCT 2 1 1997
MERIDiAN CITY ENG(NEER
196030/69-284/cp 101697
Change Order
(Rev 4/89)
~::, ..~.~>:.'" (
t' ;J~- L- L: E" R
-.:- ~ ~;;, ; . ~ " _?
,.d~~ SSOCIATES, INC.
CHANGE ORDER NO.2
DESCRIPTION OF CHANGES
Item 1 - Add li~htin~ poles:
The plans called for lights to be located at the center and periphery of the primary clarifier.
However, no specifications or details were provided for the poles or mounting of the lights and
were consequently, not included in the Contractor's bid. This item includes the cost for the new
poles, mounting bases for the poles, and installation.
Item 2 - Add transformer for sludge pump receptacle:
A 120 volt receptacle was shown at the sludge pump vault, however, the supply voltage for all
pumping equipment was 480 V. A transformer was not shown or specified and had to be added
to allow use of the receptacle.
Item 3 - Connect torque switch:
The primary clarifier torque switch conduit and wiring from the drive unit to the control panel
was not shown on the drawings and needed to be added.
Item 4 - Up~rade existing flow recorder wirint!:
Existing wiring to the flow recorder was unshielded and it was decided to upgrade this wiring
with shielded wire at the same time the new flow signal wiring was added.
Cost Increase:
A lump sum cost increase was negotiated prior to performing the work and is attached. The total
cost increase of $2,482.20 is considered justified and reasonable. The increased cost would have
originally been in the Contractor's bid if the additions would have been shown on the plans and
specifications.
196030/69-286/cp 101697
CHANGE ORDER
CHANGE IN CONTRACT PRICE:
Original Contract Price: $ 606.000.00
Previous Change Orders No. -L
to No. $ 4,600.00
Contract Price prior to this
Change Order $ 610,600.00
Net Increase of this
Change Order $ 2,482.20
Contract Price with all approved
Change Orders $ 613.082.20
CHANGE IN CONTRACT PRICE:
180 Davs
Original Contract Time:
o
Net change from previous
Change Orders
180 Davs
Contract Time prior to this
Change Order
o
Contract Time with all approved
Change Orders
180 Davs
RECOMMENDED: A9~?>2. '><::?~NGINEER
APPROVED: OWNER
APPROVED: CONTRACTOR
196030/69-284/cp 101697
\
\
Change Order
(Rev 4/89)
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
COUNCIL MEMBERS
WALTW. MORROW. President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
MEMORANDUM
RECEIVED
N 0 V - 4 1997
atY OF MER.IDIAN
TO:
MAYOR AND CITY COUNCIL
FROM:
ROD MEDLEY, MECHANICAL INSPECTOR
DATE:
OCTOBER 31, 1997
In an effort to stay current with the Mechanical Codes, we should adopt the 1997
Uniform Mechanical Code. Both the City of Boise and Ada County are in the process
of adopting these codes.
I am requesting we adopt the code as it IS written with the exception of the following
two items:
1. To use a percentage on commercial permits. Such as 1.5% plus $23.50 to
write the permit. This is .5% less than Boise is charging.
2. Delete sections 1027 and 1028 requiring an operating permit and an annual
maintenance inspection on boilers.
I would like to start enforcing the new code by January 1, 1998.
If you have any questions or need further information, please contact me.
Thank you for your consideration.
C / L Wi- w-rndd /1..U-~
/-0 ~~ ~
(;rL~~~ -to
~ eX-o/l-C -rhe Co~
tJ/'f-/L aYnehd~
~5 Jdu
4)1~
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH. City Treasurer
GARY D. SMITH. P.E.. Cfty Engineer
BRUCE D. STUART: Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS. Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS. Fire Chief
W.l. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor VehiclelDrivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
FACSIMILE COVER SHEET
TO: FAX NUMBER: 88$- '193~
rn f4 \ ;
DELIVER TO;; Lc:QQJ yr\..~",\
TITLE/DEPARTMENT:
DATE: lu/ '2- )
ADDRESS:
CONFIDENTIAL:
YES
NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
I ,.
L.-V
FROM: CITY OF MERIDIAN
NAME: {,vl"'A
TITLE/DEPARTMENT: C~JLI (' /\.t:J\~Y\' ~ (\t;t\:? c
\ I}
~
COMMENTS: t~f\ () Ar:t .\L1(o/-- ~\(LO' I /'r' f:J-I;;'
FAX NUMBER (208) 887-4813
PLEASE CALL US IF YOU DO' NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433
CI-TY Or Mt::::RIDIAN
GENERAL LEDGER DETAI~
DATE: 10/27/'37
PAGE - 1
ACCOlmt #: 01-0350.20.10 - 01-0350.20.10
POST I
_~ DfiL~_~QDE
I='ERIOD
DATE
DETAIL DESCRIPTION
DEBIT
C~:ED I T
~~~~~~~~~-~~~~~~~~~--~-~-~~~~~~~~~~-~--~~-~-~---~-~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~-~~~~
ACCOUNT: 01-0350.20.10 GENERATIONS PLAZA-DONATIONS DEBIT BAL:
03/18/97 JCR 1101 03/19/97 ICOLUMN DONATION/GENERATIONS PLI
03/21/97 ICR 1131 03/25/97 IPAVER/GENERATION PLAZA 1
03/26/97 ICR 1161 03/28/97 IGENERAloION PLAZA/BRICK I
03/26/97 leR 1161 03/28/97 IGENERATION PLAZA/BRICK I
04/01/97 I CR 1191 04/04/97 I GENERATION l='lAZA/BRICK 1
04/03/97 feR 1211 04/04/97 'GENERATION PLAZA/BRICK I
04/03/97 I CR 1211 04/04/97 I GENERA'rION PLAZA/BRICK I
04/04/97 leR 1221 04/08/97 IGENER.PLA7A/PILLAR/PLAQUE I
04/07/97 I CR 1231 04/08/97 I GENERATIONS PI._AZA/BRICK I
04/07/97 ICR 1231 04/08/97 IGENERATIONS PLAZA/BRICK I
04/08/97 leR 1241 04/11/97 IGENERATIONS PLAZA/BRICK I
04/08/97 feR 1241 04/11/97 IGENERATIONS PLAZA/BRICK I
04/09/97 I CR 1261 04/14/97 I GF:NERATIONS t='LAZA/BRICK I
04/09/97 feR 1261 04/14/97 IGENERATIONS PLAZA/BRICK I
04/11/'37 I CR 1281 04/14/97 I GENERATIONS PI...A'ZA (BRICK) I
04/15/97 leR 1311 04/17/97 IGENERATIONS PLAZA/BRICK I
04/15/97 I CR 131 J 04/17/97 I GF:NERA1.IONS PLAZA/BRICK I
04/21/97 ICR 1361 04/23/97 IDAU-JILL PAULA & SHELLY I
04/~2/97 feR 1361 04/23/97 IGFN~RATIONS PLAZA/BRICK I
04/22/97 leR 13~1 04/23/97 IGENERATIONS PLAZA/BRICK I
05/05/'37 I CR 1471 05/06/97 I BRICK/HAROLD & ELBERTA ROSS I
05/0'5/97 I CR 14071 05/06/97 I BRICK/RAJ_P~~ & JUDY ROSS I
05/05/97 leR 1471 05/06/97 IBRICK/LOREN & GAYLA ROSS I
06/02/97 ICR 1651 06/03/97 IMARY BOICE-BRICK/GENERT.PLAZA I
06/24/97 ICR 1811 06/25/97 IGENE & LORI SMITH\2BRICKS I
06/24/97 leR 1811 06/25/97 IEDNA N POTTER\BRICK I
06/24/97 leR 1811 06/25/97 ISILVER SAGE GIRLS SCOUT COUNCIl
06/24/97 feR 1811 06/25/97 tEETH BIDDICK\PAVER I
06/24/97 I CR 1811 06/25/97. I LUCILLE" SIEVJ::RT\BRICK I
06/24/97 feR 1811 06/25/97 IMER. GOSPEL TABERNACLE\PAVER ,
06/24/97 J CR 1811 06/25/97 I EV~RT & MARloHA ROBERTS\BRICK I
06/24/97 ICR 1811 06/25/97 IWILBUR OR ELMA CALNON\BRICK I
06/24/97 rCR 1811 06/25/97 IJOHN OR NErA GAIGE\BRICK I
---06/24/97ICR 1811 06/25/97 I Ef_IZABETH KUSLER\BRICK I
06/24/97 leR 1811 06/25/97 IMARVIN & BETTY GOODWIN\2BRICKSI
06.124/97 I~R 18~ I 06/25/97 I GLENN OR BONt'lIE BENTL Y\J:IAVER I
06/24/97 ICR 1811 06/25/97 IOPAL OR DEAN MERRELL\BRICK I
06/24/97 leR 1811 06/25/97 IEl.IZABETH ATWELL\2 PAVERS I
06/24/97~lC;B 181.-L~t~/25!97 I TAMMY & JAN DEWEERD/PAVER I
- -06;24/97 leR 1811 06/25/97 IMARY KOlA\BRICK I
06/24/'37 I CR 1811 06/25/97 I WILLIAM & JOY ~E HAYS\I='Avr-::R I
_._ 06(J~4./~? -1~.R_J_~lJ__~~/~5L'?llRAY MCf:.)(iERSOI\f\BRICK I
06/24/97 feR 1811 06/25/97 IBFSSIE ALGFR\BRICK I
0.00
I 1,000.00
I 100.00
I 25.00
I 25.00
I 25.00
I 25.00
I 25.00
I 1,000.00
I 25.00
I 25.00
I 25.00
I 25.00
I 50.00
I 25.00
I 50.00
I 100.00
I 100.00
J. 100.00
I 25.00
I 25.00
1 25.00
I 50.00
I 50.00
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I 25.00
I 50. t"10
I 100.00
I 25.00
I 100.00
I 25.00
I 25.00
I 25.00
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-._L___.__ 100.00
I 25.00
I 200.00
I 100.00
I 25.00
I 100.00
_____._..1..__ ..~_.._~5. 0_~__
I 25.00
(
C~T.'Y Olf-' M~R I D J: eN
GEN~RAL LEDG~R DETAIL
DATE: 10/27/97
Acc_ount it: 01-0350.20. 10 - 01-0350. 20. 10
PAGE - 2
I='DST
._-PitTE
CODE
PERIOD
DATE
DETAIL DESCRIPTION
DEBIT
Cf:~EDIT
-------------------------------------------------------------------------------------------
ACCOUNT: 01-0350.20.10 GENERATIONS PLAZA-DONATIONS DEBIT BAL.:
06/24/97 ICR 1811 06/25/97 'BILL & VIOLA TETER\BRICK I
06/24/97 ICR 1811 06/25/97 ICLARENCE & RUTH WIEGERS\BRICK I
06/~/~~11 06/25/97 JTFD HFPPFR\BRICK I
-.- 0f;/24/'37 t CR 181 J 06/25/'37 I FRED FENDER MD\PAVER I
06/24/97 feR 1811 06/25/97 IROBERT &MARILYN FRIDAY\BRICK I
_.~6L JULIE SMI~'PAVER I
- 06/24/97 feR 1811 06/25/97 IKIWANIS CLUB OF MER\PAVER I
06/24/97 lCR 1811 06/25/97 ICOUNTRY CORNER\BRICK 1
06/24/'37 I CR 1811 06/25/97 I DOLORI:.S GILLISr:'IE\3BRICKS I
----06;24/97 ICR 1811 06/25/97 IDARWIN & FAYE BUCHANAN\BRICK I
06/24/137 I CR 181 J 06/25/97 J LORIN OR DORIS WARDlhE\BRICK I
0G/24/97 ICR 1811 06/25/97 ICATHERINE COX-WILEY\BRICK I
06/24/97 feR 1811 06/25/97 ILARRY OR ANDREY PARKS\BRICK I
06/24/97 leR 1811 06/25/97 IMARY L MARTIN\BRICK I
06/24/97 feR 1811 06/25/97 IJOHN BFRG FAMILY\PAVFR I
~---0-6/24/97 I CR 181 f 06/25/97 I BRENT & LINDA BASTIAN\PAVER I
06/24/97 leR 1811 06/25/97 JBEN & CAROL HARDINGER\BRICK I
06/24/97 leR 1811 06/25/97 IS&E MAPA AUTO PARTS\BRICK I
--.--0~;2.4/137 I CR 181 J 06/25/97 1 GIESLFRS AUTO PAR1"S\PAVFR I
06/24/97 ICR 1811 06/25/97 fBEN & CHERYL BRITTON\BRICK I
06/24/97 JCR 1811 06/25/97 IDFBRA GIBBONS\BRICK I
06/24/97 leR 1811 06/25/97 (BLAINE & JOANNE HEADRICK\BRICKI
06/24/97 leR 1811 06/25/97 IROBERT SMITH\BRICK I
07/09/97 feR 1901 07/11/97 ICAIRNS FAMILY-DON~ SUSIE, I
07/09/97 feR 1901 07/11/97 IBRYCE FAMILY-FRANK, HFLEN, J
07/18/97 leR 1951 07/21/97 'NORMA C. STOUT I
07/18/97 feR 195J 07/21/97 IDELORAS HERGERT I
07/30/97 feR 2041 07/31/97 IJ.8. AND MAYME L. STOUT I
08/01/97 J CR 205 J 08/04/'37 'GENERATIONS Pl_AZA/BRICK I
08/07/97 feR 2091 08/08/97 'GENERATIONS PLAZA/BRICK t
08/14/97 ICR 2141 08/15/97 IOTHA OR ELEN WATTS BRICK I
08/15/97 ICR 2151 08/18/97 I CLARK, JAN & BILL/BRICK 680 I
08/15/'37 I CR 215 J 08/18/97 I MARI..OW, DAVE & KARE:N/BRICK11801
08/15/97 ICR 2151 08/18/97 fKNIGHT, LAVIER, WILLIOW AND I
08/15/97 leR 2151 08/18/97 tOWNBY 8 CO., INC./PAVER I
08/15/97 feR 2151 08/18/97 IMICRO"fOOL CORP/PAVER **34850 I
08/15/'37 I CR 215 J 08/18/97 I RUTAN, l..I:::ONARD & f\IAf\tCY >>6676 J
(18/15/97 I CR 2151 08/18/97 f ALL AMERICAN It~SURANCE **54988 1
08/15/'37 I ~R 2~~ I 08/18/97 I JONFS, '_ORT & CLARFf\JCE **1261 I
-.---- 08/1-5/9i--fcR 2151 08/18/97 I MCLAUGt~LIN, JOJ~E/PRAVER #1265 I
08/15/'37 I CR 2151 08/18/97 J SOROJ:rrIMIST INT. OF MERIDIAN f
08/15/97 feR 2151 08/18/97 IWALKE~, IDA/PAVER CHK#7707 I
08/15/'37 I CR 2151 08/18/97 I WIGLf, ROSALFE CHK**4826 I
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MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5. 1997
APPLICANT:
ITEM NUMBER: 18
REQUEST: CANVASSING THE VOTES FOR CITY GENERAL ELECTION
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLice OEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
/}jlbfr ~1
~!2 .}J ,[~ -
frO f-. ()~ J c~~
tiP 1 re-P
Or
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Results from the City of Meridian General Election
November 4, 1997
For COUNCIL MEMBER Seat #2 #800
Four Year Term
#801
#802
Total
Ron L. Anderson .
. 279
131
433
843
Tammy L. deWeerd .
. 212
124
414
750
John Berg
1
1
Bill Nary
.~~/_2_
411 2-tSb g4q l~q6
For COUNCIL MEMBER Seat #4 #800 #801 #802 Total
Four Year Term
Ronald Keith Bird 212 122 303 637
Dorothy J. Hook . 104 56 200 360
Ronald Louis Vogt 198 76 336 610
Grant Kingsford . 1 1
Grant Jones 1 1
~~ ----- ----
6/~ 265 fJ9q 1601
(
ITEM NUMBER: 19
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DJRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
OVV
tufpY
(
DELINQUENCY FOR
TURN OFF SCHEDULED FOR 11/12/97
MAYOR: This is to inform you in writing, if you choose to, you have the right to a
Pre-determination hearing at 7:30 P.M. Tuesday NOVEMBER 5, 1997 before the Mayor
and the City Council to appear in person to be judged on the facts and defend the claim
made by this City that your water, sewer and trash bill in delinquent. You may retain
council. This service will be discontinued on NOVEMBER 12,1997 unless payment is
received in full. Is there anyone present who wishes to contest their water, sewer and
trash delinquency? No response.
MAYOR: They are hereby informed that they may appeal or have the decision of the
City reviewed by Fourth Judicial District Court, pursuant to Idaho Code. Even
though they appeal, their water will be shut off The amount of the turn off list
is $56,762 26
RECEIVED
NOV - 5 1997
tTfY OF ME"JDIAN
ITEM NUMBER: 20
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
PriJvJJ
!lJP
(
\
MERIDIAN CITY COUNCIL
AGENDA
WEDNESDAY, NOVEMBER 5,1997 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL:
X WALT MORROW
IGLENN BENTLEY
+MAYOR ROBERT CORRIE
MINUTES OF MEETING HELD OCTOBER 21,1997: djP/rove..-
X CHARLIE ROUNTREE
X RON TOLSMA
,
1. TABLED OCTOBER 21, 1997: FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR VARIANCE REQUEST FOR ASHFORD '~REENS SUBDIVISION BY
BRIGHTON CORPORATION: ft~ ~ Me. zlf/t> ~
2. TABLED OCTOBER 21,. 1997: ORDINANCE #760 - COMMISSIONS,
BOARDS, COMMITTEES: tZjJjJl^tJv..e ?<JIM t:lrneh..~ec{ FeA--I-Rh c.L />L-
. f.eC~/D-A- +-1194-
3. TABLED OCTOBER 21, 1997: ORDINANCE #761 - TRAFFIC SAFETY
COMMISSION: tZ-j/jJl-o v.e-
4. TABLED OCTOBER 21,1997: ORDINANCE #775 - VACATION OF GENTRY
WAY: approv€-
5. TABLED OCTOBER 21, 1997: ORDINANCE #776 - BUILDING & PLANNING
AND ZONING DEPARTMENT: apfJh9ViZ..-
6. TABLED OCTOBER 21,1997: FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR VARIANCE REQUEST FOR TURNBERRY SUBDIVISION BY
BENCHMARK LAND CO.: tLPf7~ov..e..
7. TABLED OCTOBER 21, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION BY BENCHMARK LAND CO.: a-ppiY)v..e...
8. TABLED OCTOBER 21,1997: ORDINANCE #779 - TREE ORDINANCE:
~b-ee ~t 7 A/ov. /8 f1- 1nf-7
9. TABLED OCTOBER 21, 1997: REQUEST FOR A VARIANCE TO THE
REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW
ASSOCIATES UMITED PARTNERSHIP: ~/r.f Ii
(JI-I-~ til-t't7rYAey t-o "orepa r.e.. .-f/-r- t t! L
10. RESOLUTION #167 - \f/ATER AVERAGING RESOLUTION: Cipprov<.-
15.
16.
17.
18.
19.
20.
21.
11.
PUBUC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP, ETC. BY
SHARLA LANPHEAR - MERIDIAN OFFICE AND Cp_~VENTION CENTER:
~jJjJr(}v-e... ~/F telL tZ/lprov-€/ cteCIJ/~
PUBUC.' HEARING: REQUEST FOR A VARIANCE TO SETBACK
REQUIREMENT TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO
SETBACK BY SCOTT REECE - 2311 N._HYDE AVENUE:
e;f-:i a-~ -tv pr€;ft1-1.Z -/!,c {elL
PUBUC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5
ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE INC. - EAST OF
LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: e:Ef1fJTtv.e dl?1na.€<<' -7/.tc I elL
tz-,/:J,pnve deelY/en.- eJh; Cl-l-~.7 -/v fJ"UlnvLe P'rdlh.4Y1Ge..--
PUBUC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO
LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST
GROVE, SOUTH SIDE OF E. FAIRVIEW:
~~ ~~'/ #t7r.r. / 81-i:: h-/;?-
PUBUC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE
AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE
BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE
OF E. FAIRVIEW: .' / ~ kL
-ratree tv1-VbZ Ntlt./.- If} -/U, ,'J
RON VAN AUKER: DISCUSSION OF LAND TO EAST OF FUTURE MIDDLE
SCHOOL SITE: (htZtftrVl 5~S: / 61V?!fJ: ':10 -hz-ek wi#~
FARM LAND LEASE WITH KENNETH ASCHENBRENNER:
c?/j//t)v<,-,
CANVASSING THE VOTES FOR CITY GENERAL ELECTION:
d:-;:;p ro v -e.-
WA TERlSEWERlTRASH DELINQUENCIES:
d-f/'pro V ~
APPROVE BILLS:
a~pr{)v~
DEPARTMENT REPORTS:
A. SHARI STILES, PLANNING & ZONING ADMINISTRATOR:
1. MERIDIAN AUTOMOTIVE - UPRR RIGHT OF WAY:
2. HUBCAP HEAVEN IN NAPA AUTO PARTS STORE:
3. WASHINGTON STREET DEDICATION TO CITY (ELVIRA
SUBDIVISION):
12.
13.
14.
RESOLUTION NO.
1fL7
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,
CHANGING THE BEGINNING OF THE AVERAGE RESIDENTIAL WATER USE PERIOD
FROM OCTOBER 15, 1997 TO NOVEMBER 15, 1997, FOR PURPOSES OF
ASSESSING SEWER USER CHARGES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 7-533 of the Sewer Use Ordinance of the City
of Meridian establishes an average residential water use period
beginning October 15 and ending March 15 of the following year;
WHEREAS, Section 7-533 of the Sewer Use Ordinance of the City
of Meridian grants the Mayor and City Council authority to change,
by a duly acted resolution, the beginning of the average
residential water use period from October 15 to November 15 for any
particular year;
THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1.
That the Mayor and City Council hereby change
the beginning of the average residential water use period from
October 15, 1997 to November 15, 1997.
PASSED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 5+11 day of ;1!ovehu , 1997.
WATER USE PERIOD RESOLUTION
PAGE 1
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5~ 1997
APPLICANT: ITEM NUMBER: 17
REQUEST: FARM LAND LEASE WITH KENNETH ASCHENBRENNER
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
OVV
o;pp1
FARM LAND LEASE
Parties:
City of Meridian - Lessor
Kenneth L. Aschenbrenner - Lessee
4'~o V\. W\evIGt~ ~.
Lessor owns the following described real property and hereby leases 53 acres of
said property to Lessee: the E. % of the S.W. % of the S.E. % Section 36, T4N,
R1W, Boise Meridian and the S.E. % of the S.E. % of Section 36 T4N, R1W
Boise Meridian, excepting the building site in the S.E. comer of property, and the
site of the water reservoir and facilities.
1. This lease shall begin on August 1, 1997, and shall terminate on November 1,
1998. Lessee shall pay the Lessor $5,500.00 to be paid by November 1,
1998.
2. Lessee shall pay all expenses of planting, growing, and harvesting of all crops .
grown on said land.
3. Lessor shall pay all property taxes and irrigation water assessments.
4. Lessee shall pay electric bill on irrigation well.
5. Lessee provides for his own insurance needs, including liability and worker's
compensation.
Signed: /)
Lessee /LI,d2 f.,~~..
- Mayor
---
7uv-. 1, Lfq1
()~f ~ 0
fQtf?
OFFICIALS
HUB OF TREASURE VAUEY
A Good Place to Live
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E.. City Engineer
B~UCE D. STUARl: Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATlY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. llBILL" GORDON, Police Chief '
WAYNE G. CROOKSTON, JR.. Attorney
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor VehicIe/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
November II, 1997
Mr. Kenneth L Aschenbrenner
4990 N. Meridiem Road
Meridiem, Idaho 83642
HE: FARM lAND LEASE
N.W. CORNER USTICK AND MERIDIAN ROADS
Dear Mr. Aschenbrenner:
Here is an original executed farrnlcmd lease for your records for the city owned
property described in the lease.
Sincerely,
J!~~~~
William G. Berg, Jr.
City Clerk
Cc: File, G.Smith
Meridian City Council
November 5, 1997
Page 29
Boise City Limits (inaudible) from the stand point of Van Auker (inaudible) they need to
understand that is my position (inaudible).
Rountree: I am 'not sympathetic to. their issue, I will listen to them but I don't know that
they can build a very good case (inaudible).
Corrie: This was just for a discussion so if you don't want to hear a discussion you
certainly don't have to.
Morrow: Well I guess from my perspective I am perfectly willing to have to Shari and
Gary and myself meet with the Van Auker folk and express my sentiments (inaudible).
Corrie: Okay, we will take care of that if you so desire to have (inaudible) come in and
see us.
Stiles: Gary and I did meet with Brad Miller and Gale Jenson and even though my
attitude was not a chance in hell they thought that my belligerent attitude was not going
to be the same as the Council. So that is why they wanted the audience.
Corrie: If you want me to come in there I would be happy to meet with them. Gary and I
can soothe the savage beast (inaudible). Make a time and we will have a meeting with
them.
ITEM #17: FARM LAND LEASE WITH KENNETH ASCHENBRENNER:
Corrie: I believe you have that before you, any questions of staff or questions you might
have on this lease at this point for November 1, 1998.
Morrow: I have none Mr. Mayor, this is basically the same standard lease that we have
done. I think that the legal description outlines the property that he is leasing, the terms
are the same t."1at they have been before. We earlier had assured Mr. Aschenbrenner
that he would have a lease if he had gone ahead and prepped for sugar beets
consistent with normal farming practices for that. So I would move that we enter into
this contract with Mr. Aschenbrenner, authorizing the Mayor to sign and the Clerk to
attest.
'\.
Bentley: Second
Corrie: Motion made and seconded to enter into this agreement as written with the
mayor to sign and the City Clerk to attest, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #18: CANVASSING VOTES FOR CITY GENERAL ELECTION:
-..,.-.
CITY OF MERIDIAN
."Hub of Treasure Valley"
33 E. Idaho
Meridian. Idaho 83842
888-4433
v
Customer's
Order No.
Date
/
19
Name
Address
SOLD BY
PAID au T
. I ~7
jfl-f ~
006585
by this bill.
TAX
TOTAL ,yfoCJ ~ to
GS.207.2
I
~9J&w
~IllINTEO IN u.s."'.
AGREEMENT
THIS AGREEMENT, Made and entered into this
}/~
day of
September, 1995, by and between JOHN V. OTTER and JUNE S. OTTER,
Co-Trustees of the JOHN V. and JUNE S. OTTER TRUST under Trust
Agreement dated October 8, 1991, parties of the first part,
hereinafter called "Sellers", and the CITY OF MERIDIAN, IDAHO, a
municipal corporation of the state of Idaho, party of the second
part, hereinafter referred to as "Buyer",
WIT N E SSE T H:
WHEREAS,
Sellers are the owners
. .
of certain r-eal property
situated in Ada County, Idaho, more particularly described in
Exhibit "A", which is attached hereto and incorporated herein as if
set forth in full, and have agreed to sell the real property to
Buyer; and
WHEREAS, Buyer has agreed to purchase Sellers' above described
real property; and
WHEREAS, irrigation water is provided to the property owned by
Sellers by the Nampa and Meridian Irrigation District, which acts
as agent for the United .states Bureau of Reclamation; and
WHEREAS, either the Nampa and Meridian Irrigation District or
the United states Bureau of ReClamation, or both, have notified
Sellers as the landholder with the Nampa and Meridian Irrigation
District, that Sellers have been assessed compensation charges
because, allegedly, Sellers received project water without proper
.. .
forms on file complying with the Reclamation Reform Act of 1982;
and
WHEREAS, Sellers have protested this assessment; and
WHEREAS, Buyer has no present knowledge, information or
interest in the assessment and desires not to be involved in it
whatsoever; and
WHEREAS, Sellers have tenants which have leased the
agricultural portion of the property who have their own well
equipment on the property and another tenant that has leased the
house on a month-to-month basis for a period of years; and
WHEREAS, Sellers have personal property stored in some of the
outbuildings on the property,
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE SELLERS
AND BUYER AS FOLLOWS:
1. Sellers shall pay the alleged assessment due in the full
amount that is claimed by the United states Bureau of Reclamation
or the Nampa and Meridian Irrigation District, and Sellers will pay
all costs and expenses related thereto, including any attorneys
fees, costs and interest assessed at the time of closing of the
sale, and shall be" responsible for and" shall pay any further
assessments which arise, or arose, during the time that Sellers
owned the real property. Additionally, Sellers shall indemnify
Buyer for all expenses, costs, or attorneys fees that Buyer may
incur that relate to the time period that Sellers owned the real
property.
\ .
2. That the City of Meridian will be the owner of the
property after the closing of the sale between the Sellers and the
Buyer, and in the event that the United states Bureau of
Reclamation or the Nampa and. Meridi'an irrigation District refunds
any portion of the assessment that has been paid by Sellers, Buyer
shall forward any sum received form the United states Bureau of
Reclamation or the Nampa and Meridian Irrigation District to
Sellers within twenty (20) days of receipt thereof. Further, Buyar
shall be responsible for, and pay all Bureau of Reclamation or
. Nampa and Meridian Irrigation District. assessments and water
charges which are made against the real property afte~ the date of
closing.
3. That it is understood between the parties hereto that
Kenneth L. Aschenbrenner and Sharon Aschenbrenner, husband and
wife, are the owners of the irrigation pump, including the switch
gear, piping, fertilizer tank and all other appurtenances relating
to the irrigation well on the premises and that it is not Sellers,
and that their lease is being assigned to Buyer.
4. That it is further understood between the parties that the
Sellers have certain personal property' stored in some of the
outbuildings on the premises. It is agreed that the Sellers shall
have until March 1, 1996, to remove all of the said personal
proper~y from the premises.
5. That it is understood that Owen Bartlett, a single man, is
presently leasing, on a .onth to month basis, the house and
, '
outbuilding on the premises. It is agreed that Owen Bartlett has
the right to continue leasing said house, as he has in the past.
DATED: This ;Z~~day of September, 1995.
SELLERS:
Q N V. the
HN V. and JUNE S. OTTER TRUST
dated October 8, 1991
. ~-.uJ~
&tiNE S. OTTER, Trustee-of the
JOHN .V. and JUNE S. OTTER TRUST
dated October 8, 199~
BUYER:
CITY OF MERIDIAN
B
GM T P. KINGSFO
CITY OF MERIDIAN
ByJf~~~ ~.
WILLIAM G. BERG, JR , C ty Clerk
of the CITY OF MERIDIAN
STATE OF IDAHO )
: ss.
County of Ada )
On this 2bd day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known
to me to be the Trustees of the JOHN V. and JUNE.S. OTTER TRUST,
and known to me to be the persons who executed this instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
Not Public for Idaho
Re .tling at Boise, Idaho
My Commission Expires: 3-/7-'11
STATE OF IDAHO )
) 55.
County of Ada )
On this 2~C( day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the Mayor and ci ty Clerk respectively of the ci ty of
Meridian, Idaho, who executed this instrument, and acknowledged to
me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
PUbl>3 for Idaho
iding at '- ~, Idaho
Commission Expires: 3""" 7-9f
.4( .'t.. .~.II'~"''' ......... _._._....
I ·
EXHIBIT "A"
- File Number: P141665
I
I .'
PARCEL 1:
THE EAST HALF OF THE SOUTHWEST QUARTER OFTHE SOUTHEAST QUARTER (E1/2SW1/4SE1/4) OF
SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M;;
PARCEL 2:
THE SOUTHEAST QUARTER OFTHE SOUTHEAST QUARTER (SE1 /4SE1 /4) OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 1 WEST, S.M., EXCEPTING THEREFROM THE FOLLOWING PARCEL SOLD TO M.A.
REGAN:
BEGINNING AT A STONE SET BY e.c. STEVENSON, COUNTY SURVEYOR, AT THE NORTHEAST CORNER
OF THE SE1 /4SE1 /4 OF SAID SECTION 36, RUNNING THENCE
WEST A DISTANCE OF 743 FEET, THENCE
SOUTH A DISTANCE OF 201 FEET, THENCE
EAST A DISTANCE OF 743 FEEf, THENCE
NORTH A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING.
PARCEL 3:
A TRACT OF LAND SITUATED lNTHE SE1/4 SE1/4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1
WEST, S.M. (BEING A PO"RTION OFTHE EXCEPTED PARCEL REFERRED TO IN THE DESCRIPTION OF
PARCEL 2 ABOVE), MORE PARTICULARLY DESCRIBED AS FOLLOWS:'
BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER (SE1/4SE1/4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST. 8.M., FROM
WHICH THE NORTHEAST CORNER OF THE SAID SE1/4SE1 /4, A STONE, BEARS
NORTH 89 DEGREES 53' EAST 460 FEET DISTANT; THENCE
SOUTH 89 DEGREES 53' WEST. 283 FEET ALONG THE NORTH BOUNDARY OF THE SAID SE1/4SE1/4;
THENCE
SOUTH PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET;
THENCE
NORTH B9 DEGREES 53' EAST, 283 FEET PARALLEL WITH THE NORTH BOUNDARY OFTHE SAID
SE1 /4SE1 /4; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE
OF 201 FEET TO THE PLACE O.F BEGINNING.
'., EXCEPT FROM SAID PARCEL 2 THAT PORTION CONVEYeD TO ADA COUNTY HIGHWAY DISTRICT FOR
PUBUC RIGHT-OF-WAY BY DEED RECORDED UNDER INSTRUMENT NO. 9127819.
AND EXCEPT ANY OTHER PORTION OF SAID PARCELS 1,2 AND 3 LYING WITHIN THE RIGHT-OF-WAY
FOR MERIDIAN AND USTJCK ROADS.
END OF LEGAL DESCRIPTION
(
~
'"
ASSIGNMENT OF
REAL PROPERTY LEASE
THIS ASSIGNMENT, Made and. entered into this ,,1 t 4 day of
September, 1995, by and between JOHN V. OTTER and JUNE S. OTTER, as
Co-Trustees of the JOHN V. and JUNE S. OTTER TRUST under Trust
Agreement dated October 8, 1991, hereinafter referred to as
"Assignor", and the CITY OF MERIDIAN, IDAHO, a municipal
corporation of the state of Idaho, hereinafter referred to as
"Assignee",
FOR VALUABLE CONSIDERATION, the receipt whereof is hereby
acknowledged, Assignor does hereby sell, transfer, set over, and
assign unto Assignee, all of Assignor's right, title and interest
in and to that certain REAL PROPERTY LEASE, dated September 12,
1978, as extended, and all proceeds therefrom, executed by KENNETH
L. ASCHENBRENNER and SHARON ASCHENBRENNER, husband and wife, in
favor of Assignor,
This Assignment shall be effecti ve as of the ,:21 ~ay of
September, 1995.
This Assignment shall inure to the benefit of, and be binding
upon, the heirs, personal representatives, successors and assigns
of Assignors'.
IN WITNESS WHEREOF, the Assignor hereto has executed this
Assignment on the day and year first above written.
ASSIGNOR:
N V. the
N V. and JUNE S. OTTER TRUST
dated October 8, 1991
Q ~~-</ J Q .z:t;;t.J
J~E S. OTTER, Trustee of the
JOHN V. and JUNE S. OTTER TRUST
dated October 8, 1991
. · I
ASSIGNEE:
"'~
CITY OF MERIDIAN
B
P. KINGSF R ,
OF MERIDIAN
BYwd~~~~y Clerk
of the CITY OF MERIDIAN
STATE OF IDAHO )
: 55.
County of Ada )
On this ~ tI. day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known
to me to be the Trustees of the JOHN V. and JUNE S. OTTER TRUST,
and known to me to be the persons who executed this instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
~ y ch
Y PUblic for Idaho
ding at Boise,.. Idaho
Commission Expires: 3-/7- if?
STATE OF IDAHO )
) ss.
County of Ada -tI.. )
On this ~~ day of September, 1995, before me, the
undersigned, a Notary Public in and for" said state, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the }-layor and ci ty Clerk respecti vely of the ci ty of
Meridian, Idaho, who executed this instrument, and acknowledged to
me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in · certificate first above
written.
PUbli~~ Idaho
at ( , Idaho
Expires: 3-1 7- '7'
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hUGb;.nd and \'life
906 I!t'tlritCJn l~o'nd
Boise, Iutlho b37()4
LESSOnS,
1m! J1"~rl'iI L. /1.SC IP~!.T"E RT:i!l.rER
Sli;~l~Ol' l... .C::C hEI'E ~.~Elrin~~
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1205 rJ. Jr;~.nL:lill' i1()~od
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LESS~-;:S
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THTS':'~A.GRF.E ~J!T, t-hde and entl,red into this /:.1- day r)f SC!1tel:\ber I
1978, by and bety.-een time: v. OTT'ER and JUlIE S. OT'.rER, husb<.~nd. anI. wife,
of Boise, l~un. Cottnty,.'I.~cdlO, hereinafter referr.ed to aE If Lessors" , and
i-le~idia11,
Id~ho, 11ereinafter referred to as "Lessees.lI
...
KEl!11ETlI L. J~SCJi~i~::tElr!:ER ctnd S!!li.R()ll ASC~!~r":B~1Ei:t~~~'1 11lisb~;..n:d and \..'ife, of
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"0, . . ;.'~ :.:' :. to..
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Lessors, for [md in consideration of t.he cOVenr~!lts. und Clt.:;reeLJSllt"S
hereinafter set forth un the part of the Lessees to be kept and per-
formed, do l1er,:o,y lease to tile Lessees tIle follor,-ing-described premises
situated in Ada Cuunty, state of Idaho, to wit:
TIle EE\ut l!ali of tlle SOlltll\'lest Quart~r of the Soutllertst C)ur:\I~ter
of See tiOll ..-:.6, ~\o1:Ilsll:"p It !Jorth 'qf !~a.n[;e 1 ':le st, Boise ~ie'ri di~n,
in t1.da C(';ttnt~:.r, Idl:l1~~ and the ~olltlle:'st QUL...rt.er of tl":~ Sf)U t11east
r'uartp- ''''1":'' t":e""-:,,; ."n 'z.6 rO:O'''lle'iin 4 f.lcr~l' u"'n"c 1 ~:reC"'!t ~!"'J..- se
'c:t .... v..' - v_,~ ." , ... .. ...... _ ... ......., ..._.. 1..0 '1..:..;.1, ..l_
Ivleridian, :S):CEPT~G tlleI'efrOl:l 2-1/2 acres uf lUlld in' otol':e i.Jorth-
east eO!'lter, EXCEPT di ten ,\nd road rit=..11ts-of.-\t;c..y and. '.E;{C.EPTII.~G
and RESEi~V1I;G:
Residence ::,nd cldjaccnt outb\lildin[;s, inclLtdinr~' h::l.rn,
bunldlollse, g~rc.(-;e and SilOp, a.nd f:ttrroundi11e; Grounds in
the Southee:..st Corner of t~e property \'Jhicll is nepLtrately
irrie;atcd fl"om 'che farla lC:l.nds'. q.itches.
-1-
1. fl\~[ti'I ~jlj' L]~J\~:i~: 'l'hin lOCloe i~ for l~~c !),':riod ...)f one (1)
yo ar u c ginllin C on t he It.: t uoy 0 f De c e:~ll) c r , 1 ~)7[J, L:.lld e !1l1in!.. on t 11 c
30th dU7{ of I.!oVL'I;\b or, 19'/~!.
2. Tj!E LES.SEES f~(jREE :..5 FOLL01::S:
a. To pc.lY to tire Lo f.: Bor S the f.: uJn :J i ~):3 t 1!:0. DC) c .:.\[~h r qn t
for said rretliGcG, s~id rentc:l.l to be paid on or uefore Dec. 1,
1')?9.
bo rl'hnt t~.:(.~y "ill opr:ra.te the fr.r:J in c..n efficient t"1.nd
h usb .:.~n o-lil::e ':: C'.Y t d'Ji n r: 1) l o\'!in i~ t see d :'-:-: r; t C,111 t i V::t tin r: o.n d
harvc.s"tinc; in D. r!~nner tl~.~t \'!ill concerve t: e "[.>~opcrty.
c. .. T 11 t:l t ~. 1,,! e:y t?i.ll l1. -:: '.~ d j ~I" i C~ l'l. C '2 t" rtr r~ V f:i on t !.: 'J ~.:~ :"'..1.("; v.'e e 1:::
f1.0::l [;o:i..ng to seed on the fr.rl:l ~nci \.,'ill destro~,' t!:e Ge..le, c...nd
\t;ill l-:.eep tIle ",:eeds c.nd grass cttt or defjtroyed on tIle fields
!'.nd ditch b;;..111~s. All \",.ith t~e object of h~vinb lesE of a \':eed
proble!n e C'..c h Ev.cceetiing ye ar . Cost of ,., e e d chelilice..ls to be
borne by tlle JJessee. . 'I
,,~
d. li'hcl t i..tcssees :.la:t not assi[~n this leE,,~e or stlblease the
pr'Jpcrt~l or rerl t 'Pasture to others .:.~i tl1>JUt the 'nrior \"!ri tten
a~prova1 of the Lessors.
3. THE LES~lO.RS !lGREE AS FOLLO.~'!S:
e a. Th2.t tlley T:ill mcorcl t!1e Lessees peaceful possession
of the prer:1ises during the term Ilereof so long as tIle pay-
ments c.re IHade E..nu the other covenants of the Lessees are
per f or;ae d.
b. TI1Cl t tl~~y \:!:..ll !}D.y :.111 t exe s ~nd irri.[;D. ti.on '.yet ter
asseSSlaen ts 10 vie d clnu assesse d ilGai 11 st tIle above- describ e d
reE..l property".
c. That the.)' fJill fUl'llish all necessar~y inutorials re-
quired for perluanent repairs and inlprovelaents of l)ipelines
and structures.
4. TIle LcsGors rencrve the ricllt to enter upon tha fttrrn nt any
tirne for .the p1.1rpOSe of I'!1n1dng repairs and ilnprover!lents, and for any
other reasunable purpose.
-2-
5. If tIle L.essors should [Jell or: other\'/iHe transfer title to
the frtrr.1, they \"liJ.l 'do L~O LiUO ,jec't to tlle pro'.'j.r;io!1G of this lCD.L:e.
6. It is mutl'.ally aJ~reed t:.at this lea:::e ~'/ill be ::.utoraad.cally
l"ene\.,ed frorn ycn.r to -yeur \':ith'Jut citller p~~rtJ Givin~ notice to the
other. Eo~!ever, it call be ter.:liuuted. at the enu oi nny lease year
by either p~~rtj' :.ivi:'L: 1.:ritten notice .to the o~hcr c.t least ~:O days
prior to the l!oveJiber 30tll ellliing of t!"lQ let\~:e yei.tr. J\fter notice
of terJ:lill:lt i....:dl, Lesuor sllClll 11<"1. ve posSeSGioll. of the I,lll:] at; soon as
crops are 11~:rve~ted.
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LE~SO~S :. Y -;!-- (;;/-,~,-t'./ , .
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SUPPLEMENT TO REAL rROPE~Y LEASE BETWEEN JOHN V. & JUNE S. OTTER AND
KENNETH & SHARON ASCHENBRENNER ENTERED INTO ON OCTOBER /~ 1988.
IT IS MUTUALLY AGREED THAT:
1. The original agreement, entered into on Sept. 12, 1978 as amended
to date shall remain in full force and eff~ct.
2. That agreement is continued until Dec. 1, 1989 on the basis of
~
rent of $ 7'd p~" .---
. -,
THERE IS ADDED BY MEANS OF THIS SUPPLEMENT, THE FOLLOWING ADDITIONAL AGREE~
MENT RELATIVE TO THE IRRIGATION WELL DRILLED AND PUMP INST~LLATION MADE IN
AUGUST 1988 AND PUT IN SERVICE ON OR ABOUT AUG. ~~ 1988.
,~
1. The Lessor provided the well, complete with casing, screens and
gravel packing at his own cost and expense. Title to the same is
accordingly vested in the Lessor.
2. The pump and electric motor complete with motor starter and switch
gear was provided ~y the Lessee at his own cost and expense.' Title
to the same is accordingly vested in the Lessee along with right
of its removal from the premises upon termination of this agreement.
.. t . .
3. In addition to rental on the land, provided for in the original
agreement as amended to date, Lessee agrees to pay rent on the well
and for 'water produced therefrom, at the rate of $1,000 per year,
payable on Dec. 1 of each year.
4. Lessee shall bear the cost of maintenance and operation of pump
installation including power and save the Lessor harmless from any
claims arising therefrom.
5. Pump house, if and when constructed, will be at the expense of the
Lessor and not removed from the premises upon termination of the
lease agreement.
... "I
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.
LESSORS :
~~ // C1Lt'2J2/
ohn V. Otter .
~(~'7 f! -' at ()~~
J~ S. Otter
Witness
LESSEES
L,~ 6 :z cu.",,-__ ~
Kenne h L. Aschenbrenner
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/Sharon Aschenbrenner
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August 15, 1995
SUPPLEMENT TO REAL PROPERTY LEASE Illilde and entered into
by and between JOHN V. OTTER and JUNE S. OTTER, "Lessors",
and KENNETH & SHARON ASCHENBRENNER, "Lessees", entered
into Septel11ber 12, 197(1.
The original lease agreel11ent between the parties ;s dated
September 12, 1978 and has s; nee been ex tended by endor'senlent,
from year to year, ~he latest endorsement being Nov. 18, 1994,
which specifies:
"This agreement is extended to Dec. 1, 1995 on
tho Sillne hils is as 1" s t YUi.\r, $ 5 , 500. 00 cash ran t . "
WHERE AS, the Lessees crop rotation plan' calls for growing
sugar beets on the entire leased property in the 1996 season,
and,
'~I
,~
WHERE AS, it is necessary for hint to begin extensive prep-
arations including soil processing, weed eradication, etc. as
early as possible this fall 'and,
WHERE AS, All crops produced on the land under the 1995
lease have now been harvested and,
WHERE AS, payulent has now been nlade by the Lessee to the
Lessor J in fu 11 and fi na 1 paYlllent f"r the 1995 rent i n the
aUlount of $5, 500. 00 ,
it is mutually agreed that the Dec. 1, 1995,'
due date, established in the Nov. 18., 1994 lease extension, for
paym~nt of the annual rent, ;s cancelled and no longer in force
and effect."
.
Further, the original lease agreement is extended through
the 1996 crop year, now defined as beginning August 15, 1995,
and extending to ten days after th~ last of the 1996 crops .
have been harvested or Decelllber 1, 1996, whichever is earliest,
at which tiule the unnual lease payinent of $5)500.00 shall be due
and payable.
tOI?Y
(
.
LESSORS:
LlA/'''/ ~ .
/June s. Otter
LESSEES:
.." I
,,~
L.:;(-2 U:~_.jLL_ ---"
Kennet L. Aschenbrenner
..
z. tl~~
Aschenbrenner
STATE of IDAHO, COUNTY OF ADA
On this 15th day of August, 1995, before me, a notary public in
and for. said State, personally appeared John V. Otter, June s. Otter,
Kenneth Aschenbrenner & Sharon Aschenbrenner, known to me to be
the persons whose names subscribed to the within instrument, and
acknowledged to me that they executed the same.
Il,~ J/VlZ 1/11, ~~
(-oPD l Notary Public
Residing at go i s, .(
Commission Expires. I d / 0 i) / (;l DO 0 ·
Idaho
~fR\fg)W
t~[=(. .~.~~ ~\? r=r"'i
'~C- .~/_3~_ .~e.__J
NOV I) 3 1997
err\' Ot ~ERiDIAr\l
ORDINANCE NO.
776
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5 OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A
NEW CHAPTER 4 TO BE KNOWN AS BUILDING AND PLANNING & ZONING
DEPARTMENTS' JOINT OPERATION; PROVIDING THAT REVENUE & FUNDING AND
THE EXPENSE OF THE BUILDING DEPARTMENT AND THE PLANNING AND ZONING
DEPARTMENT SHALL BE COMBINED, SUCH THAT BOTH DEPARTMENTS ARE FUNDED
BY THE SAME APPROPRIATION AND THE EXPENSES OF BOTH DEPARTMENTS ARE
PAID FROM THE SAME BUDGET AND FUNDS; PROVIDING THAT THERE SHALL BE
AN OPERATING FUND FOR BOTH DEPARTMENTS WITH A RESERVE FUND
ESTABLISHED TO ENABLE FUNDING OF THE TWO DEPARTMENTS IN THE EVENT
THAT THE CITY DOES NOT HAVE SUFFICIENT TAX REVENUES TO SUPPORT AND
FUND BOTH DEPARTMENTS; PROVIDING THAT IF THERE ARE MORE REVENUES
THAN THE EXPENSES FOR OPERATING THE DEPARTMENTS, ACCOUNTS MAY BE
ESTABLISHED FOR CAPITAL IMPROVEMENTS AND FUNDS REMAINING AFTER THE
PAYMENTS OF ALL NECESSARY EXPENSES OF THOSE TWO DEPARTMENTS MAY BE
TRANSFERRED TO THOSE CAPITAL IMPROVEMENT ACCOUNTS CREATED; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian, Ada County, Idaho (the "City")
is a municipal corporation of the State of Idaho and is authorized
by Chapters 2, 3, and 10, of Title 50, Idaho Code, to adopt
ordinances to provide for the funding of City Departments, set
budgets, and provide for the expenses of the various departments of
the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1:
That Title V is hereby amended to add and enact
a new Chapter 4, which shall read as follows:
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 1
A.
SHORT TITLE:
This Chapter shall be known and cited
as the JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT
AND FUND.
B.
AUTHORITY AND PURPOSE:
The purpose of this Chapter
is to set forth, transfer, and combine, the BUILDING
DEPARTMENT and the PLANNING AND ZONING DEPARTMENT for
financial purposes.
However, those Departments shall
operate independently for all other purposes.
The authority for the City to place two Departments
of the City and to establish a budget for both
Departments comes from Section 50-301, Idaho Code, which
states, in part as follows:
"cities governed by this act shall be bodies
corporate and politic; and exercise all
powers and perform all functions of local self-
government in city affairs as are not specifically
prohibited by or in conflict with the general laws
or the constitution of the state of Idaho.";
and Section 50-1002, Idaho Code, which states, in part,
as follows:
"The city council of each city shall, prior to
passing the annual appropriation ordinance, prepare
a budget, estimating the probable amount of money
necessary for all purposes for which an
appropriation is to be made, including interest and
principal due on the bonded debt and sinking fund,
itemizing and classifying the proposed expenditures
by department, fund or service, as nearly as may be
practicable, and specifying any fund balances
accumulated under section 50-1005A, Idaho Code.";
and Section 50-1005A, Idaho Code, which states, in part
as follows:
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 2
IfCities may accumulate fund balances at the end of
a fiscal year and carryover such fund balances
into the ensuing fiscal year sufficient to achieve
or maintain city operations on a cash basis. A
fund balance is the excess of the assets of a fund
over its liabilities and reserves."
c. That within the setup and government of the City of
Meridian there are two separate Departments which serve
two different City services.
One Department, the
Planning and Zoning Department, handles all annexation,
zoning, and use of land issues. That Department charges
fees for the provision of its services.
The other Department is the Building Department and
it handles the issuance of building and other permits for
the construction of buildings and other similar matters.
The Department, as do building departments for most other
cities and counties, charges fees for the provision of
its services.
These Departments are funded by, and the expenses of
these Departments are paid by and with, property tax
revenues and revenues produced by the Departments, and
paid for by applicants who require and use the services
of the two Departments.
D. The funding appropriation and budget for the two
Departments shall be known as the JOINT BUILDING AND
PLANNING AND ZONING DEPARTMENT AND FUND, which shall have
three sub-funds known as the Operating Fund, Reserve
Fund, and the Capital Improvement Fund.
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 3
1. OPERATING FUND: The Operating Fund shall be
an amount of money that should be suf.ficient to pay
for all operating costs and expenses of the JOINT
PLANNING AND ZONING & BUILDING DEPARTMENT and such
amount shall be annually budgeted for that
Department, both the Planning and Zoning and
Building Departments, to operate for the fiscal
year.
2 . RESERVE FUND: This Reserve Fund shall be
based on carryover of funds as allowed by 50-
1005A, Idaho Code, be annually budgeted and funded
by the City Council to a minimum of four months
operating costs based on the average of the monthly
operating costs of the prior three years. This
shall be used to aid in transitions in the down-
sizing or up-sizing of the BUILDING AND THE
PLANNING AND ZONING DEPARTMENT as needed to react
to rapidly changing economic times.
3 . CAPITAL IMPROVEMENT FUND: The City
Council shall at the budget year end after meeting
the needs of the OPERATING FUND and RESERVE FUND
declare any funds left over to be surplus funds.
Surplus funds shall then be transferred to the
CAPITAL IMPROVEMENT FUND.
Capital improvements shall be defined as
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 4
improvements with a useful economic life of ten
years or more by new construction or other action
which increases the service capacity of a public
entity. The capital improvements eligible shall be
on the capital improvement plan or declared a
capital improvement by the City Council. The City
Council shall establish a separate fund for each
capital improvement and the City Council, at its
discretion, shall deposit monies to such funds. At
such time any fund shall have reached its destined
level the City Council may appropriate said monies
to build or purchase the item for which the fund
was created. The City Treasurer shall include in
the monthly Treasurer's report the fund balance for
each fund including accrued interest. This report
shall be due the first City Council meeting of each
month.
SECTION 2: This Chapter is promulgated under the authority
of the Idaho Constitution, Article 12, Section 2, and Idaho Code,
Sections 50-201 and 50-302.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 5
SJ/L A ~ve In.6e I-
PASSED AND APPROVED this ---=-day of /VO , 1997.
CITY OF MERIDIAN
ATTEST:
d1~;d~/~
WILLIAM G. BERG, JR CI CLERK
11/03/97-Final
BUILDING & PLANNING AND ZONING DEPARTMENT
Page - 6
(
ORDINANCE NO. 761
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 2 OF TITLE
4, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN,
TRAFFIC SAFETY COMMISSION; AND BY RE-ENACTING CHAPTER 2 OF TITLE 4,
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN,
TRAFFIC SAFETY COMMISSION, WITH THE ADDITION OF THE MERIDIAN POLICE
CHIEF TO THE COMMISSION AND MAKING OTHER MINOR CHANGES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, state of Idaho, have concluded that it is in the best
interest of tne said City to amend Title 4, Chapter 2, of the
Revised and Compiled Ordinance of the City of Meridian to make
needed changes to the Traffic Safety Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO;
SECTION 1:
That Chapter 2 of Title 4, of the Revised and
Compiled Ordinances of the City of Meridian 15 hereby repealed.
SECTION 2:
That Chapter 2 of Title 4, of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted to
read as follows:
4-201: CREATION: There is hereby created and established
a conunission to be known as the "Meridian Traffic Safety
Commission" . This Commission shall be a permanent
Commission.
4-202: MEMBERSHIP AND TERMS OF OFFICE: The Traffic
Safety Commission shall consist of seven (7) members and
shall have designated seats, one (1) through seven (7),
to be appointed by the Mayor and approved by the City
Council on a vote of one-half (1/2) plus one, of the
Council members. Members of said Commission shall hold
office for a period of three (3) years each and said
terms shall be staggered in such a manner so that the
terms of not more than three (3) members shall expire in
anyone year. Of the seven initial members appointed two
(2) members shall be appointed for a term of one (1)
TRAFFIC SAFETY COMMISSION ORDINANCE -
PAGE 1
(
(
year, two (2) members for a term of two (2) years, and
three (3) members for a term of three (3) years. After
the initial term has expired, such members shall hold
office for a term of three (3) years.
Members shall be selected so that there shall always be,
and remain, on the Commission, one Joint School District
No.2. school administrator or his designee, who shall be
a Joint School District No.2. employee, one Meridian
Public Works Director or his designee, who shall be a
Meridian Public Works employee, one Ada County Highway
District Commissioner or his designee, who shall be an
employee of the Ada County Highway District, the Mer'idian
Police Chief or his designee, who shall be a Meridian
Police Department employee, and three (3) local citizens,
two of which must be residents of the City of Meridian,
and one of which may be a resident of the area of impact.
All members of the Commission shall serve without
compensation.
4-203: VACANCIES: Vacancies shall be filled by
appointment of the Mayor , with the consent of the Council
on a vote of one-half plus one of the City Council and
the replacement member shall finish the term of the
Commissioner they are replacing. When their term expires
the replacement may be re-appointed to a new term or a
new committeeman may be nominated, approved, and
appointed under the terms set forth above.
4-204: TERMINATION: Members of the Commission shall only
be terminated by the City Council under the provisions of
4'-107, DISQUALIFICATION FOR CAUSE, of Title 4, Chapter 1,
of the Revised and Compiled Ordinances of the City of
Meridian.
4-205: ORGANIZATION: The Commission shall elect its own
chairman and secretary, and create and fill such other
offices as it may determine necessary, and adopt such
rules as it shall deem necessary to carry out its
purposes. The chairman shall only vote in the event of
a tie.
4-206: MEETINGS: The Commission shall hold one regular
meeting each month for not less than nine (9) months in
each year. A majority of the appointive members of the
Commission shall be necessary to constitute a quorum at
any meeting. All meetings shall be open to the public.
A written record of its meetings, resolutions,
recommendations, findings and determinations shall be
kept and submitted to the City Clerk, which shall be a
public record.
TRAFFIC SAFETY COMMISSION ORDINANCE -
PAGE 2
(
The Commission may require the attendance at any meeting
of such other City officials as it may deem necessary and
may request that other governmental officials, from any
agency, or citizens attend the meetings.
4-207: DUTIES: It shall be the duty of the Commission
to recommend and make suggestions to the Council for the
adoption of plans for traffic safety as recommended by
the National Safety Council Study of 1968. It shall
coordinate all Meridian City Traffic study Plans into the
State of Idaho Plan, but must gain approval of the City
Council. It may make suggestions to the City Council for
projects designed to increase pedestrian safety and
control school traffic in the City, and to generally
recommend to the Council plans to improve traffic safety
in the entire City of Meridian.
The Commission shall not work on, or take any
proceedings, regarding the City's Transportation Plan or
on Capitol Improvement Projects as they are the
responsibility of the Transportation Task Force.
SECTION 3:
EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this S~ay of &te/'Jt~, 1997.
CITY OF MERIDIAN
I
WILLIAM G. BERG, JR.- C
11/05/97-Final
CLERK _
ATTEST:
TRAFFIC SAFETY COMMISSION ORDINANCE -
PAGE 3
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW TITLE 4 ,
CHAPTER 1, COMMISSIONS, OF THE REVISED AND COMPLIED ORDINANCES OF
THE CITY OF MERIDIAN BY THE ADDITION OF NEW CHAPTER TO BE KNOWN AS
CHAPTER 1, TO SET FORTH AND ESTABLISH A PROCEDURE FOR THE MAYOR AND
CITY COUNCIL TO CREATE COMMISSIONS, BOARDS AND/OR COMMITTEES OF T.BE
CITY FOR ANY SUCH COMMISSIONS, BOARDS, OR COMMITTEES, DEEMED
NECESSARY BY THE CITY COUNCIL; ESTABLISHING DUTIES; ESTABLISHING
THE TERM OF OFFICE OF EACH MEMBER OF SUCH ENTITIES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, section 50-210, Idaho Code, states that the Mayor and
City Council shall have authority to appoint such boards,
commissions and committees as may be deemed necessary or expedient
to assist the Mayor and City Council in better carrying out the
responsibilities of their offices.
WHEREAS, Chapter 1 of Title 4, Planning Commission, was
repealed because the Planning and Zoning Commission was re-
established in the Zoning Ordinance.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the City to amend Title 4, Chapter 1, of the Revised
and Compiled Ordinances of the City of Meridian, by adopting and
asserting a procedure for the creation and establishment of any
Commission'S, Boards, or Committees, desired to be created and
established by the Mayor and City Council and setting forth
requirements for those people who are appointed to serve on the
COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE
PAGE 1
Commissions, Boards or Committees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1:
That Title 4, Chapter 1, of the Revised and
Compiled Ordinances of the City of Meridian, is hereby re-
established and reenacted to set forth the procedure for creating
commissions, boards, and committees, which shall read as follows:
4-101: CREATION OF A COMMISSION, BOARD, OR COMMITTEE: The
Mayor and City Council may create a Commission, Board or
Committee (hereafter referred to as "ENTITY"), by the passage
of an Ordinance, which Ordinance shall set forth the duties,
responsibilities, and rights of the ENTITY. The Mayor and
City Council shall, in the Ordinance creating the ENTITY,
state whether the ENTITY is permanent or temporary, and if it
is temporary, state the dates and times of operation.
4-102: CREATION OF SUB-COMMITTEES: The formation of a Sub-
committee by any Commission, Board, or Committee shall be
subject to approval by the City Council.
4-103: NOMINEE RESIDENCY REQUIREMENTS: If the ENTITY is
required to only have City residents as members, the
Mayor shall only nominate people who have been residents of
the City for at least FOUR years. If the ENTITY is allowed to
have members who are not City residents, those persons
nominated must have been resid~nts within the Urban Service
Planning Area or Area of Impact, for at least FOUR years.
4-104: NOMINATION, VOTE AND APPOINTMENT: The Mayor shall
nominate a person who shall be confirmed by a one-half (1/2)
plus one vote, a majority vote, of the City Council to serve
as a member of an ENTITY. The person nominated by the Mayor
must be confirmed by the City Council by a majority a vote.
If the council shall refuse to confirm any nomination the
Mayor shall then, within ten (10) days after his previous
nomination, nominate another person to fill the office and he
may continue to nominate until his nominee is confirmed. If
the Mayor fails to nominate an additional person within ten
(10) days after his previous nomination, the City Council may
select a person to serve on the ENTITY'S board by majority
vote. Each person nominated to be a member of the ENTITY
shall be individually approved without other nominated persons
being approved at the same time. If a nominee is approved he
shall take office.
COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE
PAGE 2
(' -
4-105:
MEMBERSHIP QUALIFICATIONS:
a. For ENTITY'S requiring that all members be
residents of the CITY:
Members must have been, a resident of the CITY
for FOUR (4) years
b. For ENTITY'S allowing both CITY residents and
non-residents:
The total entity shall not be comprised of
more than one-third of members who are not
residents of the City. Those members who are
required to be residents of the City must have
resided in the City for four (4) years. Those
members who are not required to be residents
of the CITY must meet two of the followin.g
three residency requirements: 1 ) Have
previously resided within the City limits for
four (4) years; 2) Have resided within the
Urban Service Planning Area for four '(4)
years; or 3) Have resided within the Meridian
Area of Impact for four ( 4 ) years, or a
combination of the latter two requirements.
c. Members shall be selected without respect to
sex, age as long as they are adults,
profession or political affiliation, and shall
represent a broad cross-section of the
respective ENTITIES' interests in the area
under the ENTITIES' concern or jurisdiction,
if any.
4-106: TERM OF OFFICE: Original appointments shall be for
terms of one to six years, at the discretion of the Mayor and
City Council, in order to provide for the number of members
and for staggering terms. At the expiration of each member's
term he or she must be reappointed, or a different individual
must be selected by the Mayor and confirmed by the City
Council by a majority vote to replace him or her. Members
shall relinquish all voting rights upon the expiration of
their term unless reappointed. All subsequent appointments
made to fill vacancies occurring otherwise than through the
expiration of the members terms shall be appointed for the
period of time remaining in the term of the person he or she
is replacing.
4-107: LENGTH OF TERM: The term of office of members shall
not be longer than six (6) years and no member shall serve
longer than two (2) consecutive full terms.
COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE
PAGE 3
4-108: MEETINGS: A Commission, Board, or Committee shall
hold regular meetings, as designated. A majority of the
appointive members of an entity shall be necessary to
constitute a quorum at any meeting. All meetings shall be
open to the public. A written record of its meetings,
resolutions, recommendations, findings and determinations
shall be kept and submitted to the City Clerk, which shall be
a public record.
4-109 : DISQUALIFICATION FOR CAUSE: No ENTITY shall have the
right to terminate an ENTITY member, for cause or otherwise,
and such termination may only be performed by the City
Council. A member may only be removed for cause by a vote of
the City Council on a one-half plus one vote, following an
opportunity for hearing by the City Council; the member
subject to the disqualification proceedings shall be informed
of the basis for the disqualification in writing at least
seven (7) days prior to the hearing and shall have the right
to participate in the hearing and may be represented by an
attorney. The City Council shall make, and enter into the
record of the proceedings, a written decision. The hearing
shall be recorded and any party may appeal to the Fourth
Judicial District Court.
4-110: BLUE RIBBON COMMITTEES: The Mayor may
establish BLUE RIBBON COMMITTEES whose members shall be
nominated by the Mayor and approved by the City Council
by a vote of one-half (1/2) plus one, and the committee
shall only be for a particular purpose and shall expire
and terminate when the purpose is completed. The
Ordinance or Resolution creating the Conunittee shall
state the following: The purpose, when and where it
shall meet, the length of duration, the determination or
management of any matter, the examination or inspection
of any matter, whether findings of fact and conclusions
of law or a report or a recommendation are required, or
any other requirement placed on the Committee in the
Ordinance or Resolution creating the Conunittee. Members
of a BLUE RIBBON COMMITTEE shall receive no compensation
or consideration for serving on a committee, but their
expenses shall be paid.
SECTION 2:
EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE
PAGE 4
(
5#v ;.k/reJ4v~
PASSED AND APPROVED this ~day of , 1997.
ATTEST:
~~
WILLIAM G. BERG, JR.
11/06/97-Changed and
CITY OF MERIDIAN
CLERK
,~
- MAYOR
COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE
PAGE 5
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ORDINANCE NO. 775
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AN ORDINANCE VACATING THE PUBLIC RIGHT-OF-WAY KNOWN AS GENTRY WAY
AND THE EXISTING 10 FOOT WIDE PUBLIC UTILITY, DRAINAGE AND
IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13,
AMENDED MAGIC VIEW SUBDIVISION, A SUBDIVISION IN ADA COUNTY, IDAHO
AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to vacate the public right-of-way known as Gentry Way and
a portion of the utility, drainage and irrigation easement adjacent
to Gentry Way in Lot 12 and Lat 13, Amended Magic View Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That pursuant to Section 50-1306A Idaho Code
and Section 11-9-611A, Revised and Compiled Ordinances of the City
of Meridian, specifically, and Title 50, Chapter 13, Idaho Code,
generally, the City of Meridian, having held the required hearing
and it appearing that proper notice of said hearing was given and
there being no objection, hereby vacates public right-af-way known
as Gentry Way and the existing 10 foot wide public utility,
drainage and irrigation easement adjacent to Gentry Way in Lot 12
and Lot 13, Amended Magic View Subdivision, a subdivision in Ada
County, Idaho and recorded in the records of Ada County, Idaho.
Section 2: WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist, this Ordinance shall take
effect and be in full force from and after its passage, approval
and publication as required by law.
VACATING EASEMENT/GENTRY WAY ORDINANCE -
PAGE 1
STATE OF IDAHO,)
SSe
County of Ada,
On this ~-f't day of ffir/tWf b(r , 1997,
before me, the undersigned, a Notary Public in and for said State,
personally appeared WILLIAM G. BERG, JR., known to'me to be the
person whose name is subscribed to the within and foregoing
instrument, and acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the dal and year in this certificate first above
written. ,""E'''Lu''Q''8.t
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ci ty\vacation \gentry'~vn\'Y~~.
11/03/97-Final
SEAL
~
ORDINANCE VACATING EASEMENT/GENTRY WAY
Page 3
PASSED by the City Council and approved b~ the Mayor ~~~ I A
City of Meridian, Ada County, Idaho, this 5!11. day of . tiKI-
, 1997.
APPROVED:
STATE OF IDAHO,)
SSe
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County I Idaho, do hereby certify that the above and foregoing
is a true I full and correct copy of an Ordinance entitled n AN
ORDINANCE VACATING THE PUBLIC RIGHT-OF-WAY KNOWN AS GENTRY WAY AND
THE EXISTING 10 FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION
EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13, AMENDED MAGIC
VIEW SUBDIVISION, A SUBDIVISION IN ADA COUNTY, IDAHO AND RECORDED
IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN
EFFECTIVE DATE"; passed as Ordinance No. 775" , II! the City
Coq~il and Mayor of the City of Meridian, on the ~ day of __
~VtZ~/;.eJ- , 1997, as the same appears in my office.
DATED this 5r!::: day of ;<!rPf/e hz.-be I- , 1997.
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~ ~WILLIAM G. BERG, JRo
= SEAL ~CITY CLERK, CITY OF MERIDIAN
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ORDINANCE VACATING EASEMENT/GENTRY WAY
Page 2