HomeMy WebLinkAbout1997 05-20l ~'
MERIDIAN CITY CGUNCIL
AGENDA
TUESDAY, MAY ~U, ~ 9~7 --1:3~ P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD MAY 6, 1997:
(APPROVED)
PROCLAMATION: UNITED CEREBRAL PALSY CASUAL DAY
PRESENTATION: UPDATE ON ACHD COUPLET STUDY:
1. TABLED MAY fi, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION: STABLED TO JUNE 3, 1997)
2. TABLED MAY 6, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (TABLED TO JUNE
3, 1997)
3. TABLED MAY 6, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY ONE ACRE TO R-15 BY LARRY ~ KAY HANSEN:
(TABLED TO JUNE 3,1997)
4. ORDINANCE #760 -COMMISSIONS, BOARDS, COMMITTEES: (TABLED TO
JUNE 3, 1997)
5. ORDINANCE #?61 -TRAFFIC SAFETY COMMISSION: (TABLED TO JUNE 3,
1997)
6. ORDINANCE #762 -DAVID & BECCI CARMACK ANNEXATION: (APPROVED)
7. ORDINANCE #763 - A'a LLC ANNEXATION/L-O: (APPROVED)
8. TABLED MAY 6, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR
PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: (APPROVED)
9. FINDINGS OF FACT AND CQNCLUSIONS OF LAW FOR ANNEXATION AND
ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS
CONSTRUCTION: (APPROVED FINDINGS WITH AMENDMENTS; CITY
ATTORNEY T4 PREPARE ANNEXATION ORDINANCE)
10. PUBLIC HEARING CONTINUED FROM MAY 6, 1997: REQUEST FOR A
PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 8Y
PNE/EDMONDS CONSTRUCTION: (TABLED TO JUNE 3, 1997)
11. REQUEST F4R A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH
DRIVE UP WINDOWS BY R.T. NAHAS: (APPROVED FINDINGS; APPROVE
DECISION)
12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE
RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE
YOUNGERMAN) (APPROVE FINDINGS; APPROVE DECISION)
13. REQUEST FORA CONDITIONAL USE PERMIT FOR PROFESSIONAL
OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER
PROPERTIES LLC: (APPROVE FINDINGS; APPROVE DECISION)
14. DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE NO. 5:
(APPROVED)
15. DEPARTMENT REPQRTS:
A. GARY SMITH, CITY ENGINEER:
1. ENGINEERING AGREEMENT: DESfGN & CONSTRUCTION OF
AERATION AND PUMPING FACILITIES AT 1NWTP: (APPROVED)
2. WARRIOR STADIUM BUILDING PERMIT: (CITY ATTORNEY TO
RESEARCH)
3. BIOSOLIDS MANAGEMENT STUDY: (APPROVED)
MERIDIAN CITY COUNCIL MAY 20 1997
The regular meeting of the Meridian City Council was called to order by Council
President Walt Morrow at ?:3o P. M.:
MEMBERS PRESENT: Ron Talsma, Charlie Rountree, Glenn Bentley:
GTHERS PRESENT: Will Berg, Wllayne Crookston, Shari Stiles, Gary Smith, Chief
Garden, Joe Roseland, Roger Smith, Pat Tealey, Vern Alleman, Don Brian, Helen
Sharp, Di~cie Roberts, AI Dauven, Floyd Reichert, Billy Jo 1?remoe, Dace Sharp, Amy
Bever, Steve Yaur~german, Brent Jones, Elmer Johnsen, Pauf McLeod, Chuck
McLaughlin:
Morraw: For the audience's information Mayor Corrie is on his way here so we will
probably be switching mid-stream. we will ga ahead and start tonight's Council meeting.
MINUTES OF PREVIOUS MEETING HELD MAY 6, 1997:
Morraw: is there a motion to approve the minutes'
Bentley: Sv moved
Rountree: Second
Morraw: It has been moved and seconded to approve the minutes as written, all those
in favor? Gppased?
MOTION CARRIED: All Yea
PROCLAMATION: UNITED CEREBRAL PALSY CASUAL DAY:
Morraw: We will defer the proclamation until the end of the meeting ar until Bab ets
g
here.
PRESENTATION: UPDATE ON ACRD COUPLET STUDY:
Morrow: Joe you are on board for that.
Roseland: Goad Evening my name is Jve Roseland, Ada County Highway District
Traffic Engineering Supervisor. Just to kind of give you an update of where we are at
with the Meridian Couplet Study what I have given you is both an over head
presentation you don't have an overhead sa it is a copy of what I am going to go
through, The ether two items stapled together are the results of the written comments
from both the open house meeting and the round table meeting held at the City. I will go
through this really quickly, the preliminary, the purpose of the study is to see what
changes need to be made tv the East ~~t and Meridian Road corridor to cape with future
(.
Meridian City Council
May 20, 1997
Page 2
traffic demands. Currently there is approximately 13,g4g to Za,g00 vehicles per day on
East ~ ~t Street and from l,o~g to ~ ~ ,ggg vehicles per day an Meridian Road. fur
projections, 2D year projections far East Est is ~l,gag to 3~,g0a vehicles per day. The
reason there is a range that depends on where you are at an the road not just the
range and what we figured the total is. ~ 5,gga to 2~,~Ug vehicles per day on Meridian
Road and towards the freeway will be the higher number. Somewhere in middle near
dine is probably closer to that lower number. Concepts we have been looking at are
widening Meridian Road, widening East ~ 5t, one way alternatives either one way couplet
between from Central Drive to Fairview or from a shorter version of Franklin Road to
Fairview. Another option is unbalanced lanes on Meridian Road and East First and the
other one is da nothing which is actually more like intersections only. In other words just
leave the road system pretty much the way it is and rebuild the intersections as needed.
Meridian Road improvements we are looking at either, basically making it either a 3 or a
~ lane section. The East ~ ~t is looking at making it a ~ lane section if needed. one way
alternatives, there are either ~ lane option ar a 3 lane option. The ~ lane option can be
mare of an intermediate step before we had to go to the three lane but the volumes kind
of show a 3 lane is needed. The unbalanced lanes that is basically running two lanes
northbound and 1 lane south bound and vice versa an Meridian Road. Effectively gives
you about a 6 lane road out there. As proposed it would probably require widening both
roads to four lanes. The do nothing which basically proposes no major construction
maintaining existing two way operation and just doing intersection improvements where
needed. On the open house, we held an open house meeting March ~ 9 the results
when we asked the respondents to our poll our questionnaire far the mast favorable of
the alternatives the one way alternative came out with about ~ 9 out of approximately 4g
people responding an the questionnaire, about ~ 9 out of 40 preferred the one way
alternative, ~ D out of that 40 preferred the widened Meridian Road alternative and the
other apes were all pretty even at 3 or 4 opting far that. UVhen we looked at the
converse to that the least favorable alternatives the do nothing was the least favorable,
then followed by the one way alternative and then the unbalanced lanes the widened
Meridian and then the widened East 1~~. As far as the issues go that we, there are ten
issues that we brought up, access, traffic circulation, residential impacts, business
impacts, pedestrian facilities, truck routing, parking, cast, public transportation bike
facilities, Access and traffic circulation were the mast important issues followed very
closely by residential and business impacts and pedestrian facilities and it kind of
tapered off from there. There again we looked at the inverse with least important
issues, bike facilities, public transportation, truck routing cost, basically the inverse o
what we say in the first one. I might paint out that at the first open house it was geared,
it was mostly it was more of leaning towards the residents versus businesses. I think as
we get into the other as we get into the roundtable which is really geared toward the
businesses you will see a bit of a change in that leaning. In the roundtable meeting held
April 28 we, the mast favorable options was widen Meridian Road which was slightly
had slightly mare favor than one way alternative Fairview to Central. Least favorable
were the do nothing and the unbalanced lanes. As far as importance of those various
impacts the business impact was determined to be the mast followed by these next
three were very close together, traffic circulation, access and parking. Then we had
f
Meridian City council
May fig, ~99~
Page 3
another grouping of basically residential impacts, pedestrian facilities, truck routing and
cost and then at the bottom of the importance was the public transportation and bike
facilities. As far as Meridian Road and I will kind of go through some of the key
comments. Basically they were saying the widen to three lanes plus parking, widen
three lanes or there were some that asked for five lanes south of Franklin and three
lanes north of Franklin. Most people were kind of leaning towards if you are going to do
something on Meridian do it, make it a three lane section. They felt that it had to be
done regardless of what option we did and I think that is something the Highway District
definitely has to look at is to get some curb and sidewalk out there and take care of the
drainage in those situations. They felt there was more available right of way over there
on meridian and felt that it was already converting to commercial so a lot of the
residential impacts weren't quite as important. Gne of the things that was mentioned
was the signals on Pine Street bath on East First and Meridian and those are in our
budget to be done next year so those wit! be going in regardless of what decisions are
made as far as this couplet, As far as the unbalanced lanes, must people didn't really
understand them. It is an unusual concept we have a couple of streets in Boise that are
that way but for very short distances and are not really paired up with anything else. It is
a little confusing, because of the need for still needing a turn lane which still has same
fairly significant impacts on the properties. East 1 ~t, a lot of people were concerned
about having to pay, that they are still having to pay off their LID and didn't want
anymore construction down there. They felt they have been punished enough by us I
guess. Very much concerned about losing the parking both any on street parking at all.
Basically they want to preserve what they have downtown. The one way alternatives a
lot of concern about the circulation and the access particularly use of the smaller cross
streets between East ~ ~t and Meridian. Probably looking at needing an additional road
north of Washington to provide some additional circulation on the north end. Worried
about the fire department access having to run around the block to get to same place to
get to a point. They did feel it was the easiest to do and the least costly, that would take
the less time to accomplish inaudible}. Do nothing, most people said well something
has to be done but maybe push off. Gne of the big comments kind of related to that, an
awful lot of people want to see the Ten Mile interchange go in before anything is done
or at least as soon as passible. It would be nice, we would like to see it ga in real soar
too, but money is a little bit tight. There was just some miscellaneous kind of stuff,
basically try to improve the existing system that is out there Locust Grove, Ten Mile,
make the Pine Street connection kind of do a lot of those projects that would maybe pail
some traffic, take some of the congestion off of Meridian ar East est. If we didn't I think
a lot of people particularly at the Roundtable meeting that may not have attended the
first meeting weren't aware that we did discuss that we did have a model of all of those
improvements already. Sa that, those ~5,aBg to 30,Og cars out there on those roads
that is already projected with those improvements in there. Just kind of quickly
summarize here basically we kind of have two camps out there, one camp wants
Meridian Road widened and the other camp wants to create, have a couplet gv in there,
fairly close in the voting or at least the input that we have received very close to the
same number of people. The major concerns are the impacts an business, traffic
circulation, access, parking, bike facilities were generally disfavored and public
~, -
Meridian City Council
May 20, 1997
Page 4
transportation not a concern at this point. That is pretty much it in a nutshell, I am here
to answer any questions. If you get technical Jim (inaudible)
Rountree: Given the projected traffic increases in what your 215, what is the level of
service on the existing streets with the do nothing?
(Inaudible)
Rountree: llllell both.
(Inaudible)
Roselund:lNe have looked at some various intersection alternatives and we can keep
that level of service fairly reasonable but it would take some fairly large intersections
and quite a significant widening number of lanes in the intersections. At both ends and
as well as at Pine street and Franklin and all of the key intersections need quite a bit of
work needed.
Rountree: Given the input where do you go from here in terms of your study?
Roselund: Gur schedule right now says go back to the public, what we plan on doing
right now is actually kind of changing that and talking to our Commission and bringing
this information to them and also from whatever input you give us with that. Then we will
come back to the public with Borne fairly, a lot better details of what we have shown
them before, something that would show some probable property impacts, cost, show
what the intersection designs we would propose, long range intersection designs would
be and those types of things and bring back a lot more detail and try to come up with a
open consensus from the public and bring it back to you and then finally back to our
.
camm~ss~on.
Rountree: Are you at a point with looking at the alternatives that you would consider
dropping some for further consideration or are you going to keep them all on the plate
for a while?
Roselund: I think we are probably going to put a lot of work in, do same real refinements
on Meridian and the couplet and the Meridian road widening because Chase are the two
popular ones and maybe not pay quite as much attention tv the o#her ones. But I don't
think we at this point want to say we are going to drop our alternatives.
Bentley: I think your study pretty much shows the issues that we put before you before
concerning excessive bike lanes in this community. l think the study shows that clearly it
is not favored and although we do feel here that we do want some bike lanes but I think
there needs to be a little better planning than just taming across and dropping a bike
lane an every road.
f
Meridian City Council
May 20, 1997
Page 5
Roseland: we will bring that back to our commission but we are, the ridge to rivers plan
is adopted not kind of as it is far any arterial and collector road we have to look at the
option of inaudible} sa that is what we are doing inaudible}.
Bentley: well, let's keep the option upfront.
Toisma: Has there been any studies done to see what the intersection of the freeway
and Ten Mile would alleviate for traffic on these two roads being that everything has to
go either Franklin ar East First ar Meridian Raad to get aver to Cherry Lane to get out
that direction.
Roseland: what we fed on those in the modeling is what that actually does is relieve
pressure an the east west streets not the north south streets. when you put in another
interchange that takes people off of Franklin, and takes them off of Fairview because
their designation is further out. A lot, it does help this area but not, you are soli going to
have a fat of growth through the north plus whatever business growth you are going to
have. we have put that in our model assuming that would be built within the ~~ years.
Tolsma: Has there been a cost analysis done over converting ar widening Meridian
Raad to what the cast of that interchange would be even though it is federal highway
instead of County?
Roseland: Nothing specific, but a cheap interchange is about ~~ to $8 million versus
what say if we were to da a ~ lane alternative an Meridian it would inaudible}
somewhere in the range of about $3 probably. There is quite a bit of difference therein
the cost savings.
Tolsma: I just notice that when I go out in the mornings there is traffic lined up far
considerable distance at Cherry Lane and Meridian Road or you get onto Franklin Raad
an they are lined up trying to get turned to ga out toward the freeway couplet out there
that some people ~lnaudible}two ar three stop lights to get through their high travel time
in the morning. which you can do that on Fairview Avenue so it didn't make any
difference I guess.
Roseland: Illlell like I say what you see in the modeling thane people would probably
start using the Ten Mile interchange or some of them would. But there is still, where we
really see the impacts in that is really an the east west streets. It apparently saves more
time east west than it does earth south. Sa that is where they head, we, one of the
things, that is why we are out here trying to get this through, come up with a
determination of what we want to da so those people want have to stand out there. Vlre
do have the Meridian interconnect which will help tie those signals together and provide
some interim efficiency in the system. Unfortunately it going to have to rebid we were
shocked by the price we gat. But we will be rebidding that fairly goon and hopefully get
that done before the end of the summer,
~.
Meridian City Council
May ~4, ~ 89l
Page 6
Talsma: I was asking same questions that were asked of ma that is the reason, I didn't
know if they had asked them here at the hearings ar not. That is all I had.
Marrow: If there are no farther questions thank you Joe far taking the time to make the
presentatian. Inaudible} like to recognize Shari Huber who is a Commissioner and
Susan Eastlake also an ACHQ Commissioners. Thank you far attending the meeting
and if either one of you would like to take a shat at us why you can get equal time.
ITEM #1: TABLED MAY 8, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON
CORPORATION:
Marrow: I thought when I moved to table that it was to in June pending our completion
of changing of the irrigation policies and the discussion based on the presentatian we
had at the last strategic planning. So I don't think, we haven't adapted anything in
ordinance farm and we haven't even prepared that as of yet. Sa according to our
minutes it was June 3 we tabled it to and that was pending having a strategic planning
meeting between then and now. So I think an appropriate motion would be to move this
from the agenda and to move it to June 3rd.
(Inaudible)
Morrow: Alright sa what we will da then is strike it from the agenda is that okay's
Crookston: As I recall the motion was made to table it June ~fl and then there was
discussion that was not needed by no action was taken as I recall. Sa there should be
action to table it again until June 3rd or whatever it is.
Marrow: In the minutes it is June 3rd. Do we need to do any motion to get this off
tonight's agenda ar we just scratch it and move on.
Crookston: You can have a motion to take it aft this agenda because it is an the June
3rd agenda schedule.
Rountree: Mr. Substitute Mayor I move that we take this item off our agenda for this
evening and leave it on the June 3rd meeting date.
Bentley: Second
Morrow: It has been moved and seconded to take this affi of tonight's agenda and leave
it on the June 3rd agenda, all those in favor? ~ppased'?
MOTION CARRIED: All Yea
Meridian City Council
May 20, 1997
Page 7
ITEM #2: TABLED MAY 6, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Morrow: vl~e are in receipt of a letter Council from Mr. Sanders requesting that he be put
on the agenda far the June 3rd meeting 4inaudible} would a motion to table to June 3rd
be a~prvpriate?
Tolsma: So moved
Rountree: Second
Marrow: It has been moved and seconded to table the request to re~Qne of 9.4~ acres
from R-4 to R-~ 5 by Lorin Saunders to June 3rd, all those in favor? apposed?
MOTION CARRIED: All Yea
Rountree: He has requested the rezone be to an R-8, so do we need to consider
rehearing that?
Crookston: Since it is a request to change the zoning which is a lesser use than the R-
~5 I think we can ga forward with it on that R-8 basis. It is not clear whether the concept
or his request is going to be R-8. He is clearly going to go with an R-8. I think at this
juncture it would be best to leave it at the R-~ 5 inaudible}
Marrow: we can deal with that in a meeting when he is here to present himself.
ITEM #3: TABLED MAY 6, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY ONE CARE TO R-15 BY LARRY & KAY HANSEN:
Morrow: It is my understanding that Shari has talked to them this was kind of dove
tailed slang with the Lorin Saunders project, Shari?
Stiles: Councilman Morrow, Councilman. I did receive a call from Larry Hansen today
and since he is trying to coordinate with Lorin Saunders he has asked that he be tabled
also to June 3rd
Morrow: Is there a motion to table to June 3rd?
Rountree: I move to table item #3 to June 3rd.
Tolsma: Second
Morrow: It has been moved and seconded to table item 3 to June 3rd, that being the
request far annexation and zoning of appro~cimately one acre to R-~ ~ by Lary and Kay
Hansen, all those in favor? ~ppased?
~f :.. ~.
Meridian City Council
May 20,1991
Page 8
MOTION CARRIED: All Yea
ITEM #4: ORDINANCE #l6D -~ COMMISSIONS, BOARDS, COMMITTEES:
Morrow; Inaudible} had this presented at a strategic planning meeting when neither
Mr. Rountree or Talsma were present. Are we comfortable reviewing this ordinance ar
adopting it tonight.
Bentley; I would like to motion to table this and take it back to our next strategic
planning meeting. There are same errors in it and we need to get it corrected.
Rountree; Second
Morrow: It has been moved and seconded to item #4 Ordinance #l60 to a date certain
Mr. Bentley, June 3rd?
Bentley : Yes we should have it cleared ~p by then.
Morrow; Okay, ail those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: ORDINANCE #761 -TRAFFIC SAFETY COMMISSION
Morrow: Are all the Council comfortable with this ordinance in the farm that it is in? Mr.
Bentley?
Bentley: l have one question I would like to pose before Council. In our different
sections we have members from the Ada County Highway District Commissioner or
official, Meridian Police Chief, Joint Meridian School district school administrator and
one public works director. Do we want that to read as I read it ar do we want to have it
ar their designee?
Morrow: I think as I recall it was for their designee, we did not wish to have these people
lacked into having to appear an that. They were to designate somebody,
Bentley; That was my understanding, I think we should table this one until June 3rd and
get the "or designee" inserted in the proper location.
Rountree: Can we amend this?
Crookston: You can amend it and I can re-do it. The reason the "ar designee" an some
of these it was because I had a discussion with Mayor Carrie and asked him about that.
He said he wanted to leave it the way it is, vlle had one change or two changes but he
Meridian City Council
May 20,1991
Page 9
felt that the what it was worded it was sufficient to include the designee such as one
Ada County Highway District Commissioner or official, the or official kind of takes place
of the or a designee that idea.
Morrow: I guess then the issue would be do you wish to discuss this further with Mayor
Corrie at the strategic planning meeting and therefore table it or do you wish to amend it
to include designee Mr. Bentley and press forward?
Bentley: l would like to hear what Mayor Carrie's thoughts were on not changing it.
Because I have not heard that he was against putting "or designee" on this. So I then
would motion we would table this to June 3~d and then we can take it up at our planning
meeting.
Rountree: It has been moved and seconded to table item 5, ordinance #?'01 Traffic
Safety Commission to June 3r~, al1 those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: ORDINANCE#762~DAVID & BECCI CARMACKANNE~ATION:
Morrow. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND
SITUATED IN THE NE %4, SE '/4 OF SECTION 11, T.3N, R.1 E. BOISE MERIDIAN,
ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE. Is there anyone in
the audience that wishes me to read the ordinance in its entirety? If not is there a
motion concerning the ordinance?
Rountree: I make a motion that we approve Ordinance #762 with suspension of rules.
Tolsma: Second
Morrow: You have in your packet two ordinances, one with items C & D and one
without items C & D. 1Nhich one?
Rountree: My motion would be without C & D.
Tolsma: Second
Marrow: So we are moving and second to approving Ordinance #~'fi2 vvithaut item C &
D, Mr. Crookston?
Crookston: What you are doing is you are not removing from Section 2 the paragraphs
that are enumerated C & D because there are also paragraphs in both ordinances have
a C & D in them. There is no E & F in one of the ordinances.
i
Meridian City Council
May 20, 1997
Page 10
Rountree: That being the case if we amend item ~ does that override the ordinance
language?
Crookston: What you would do, if you da not want some of the paragraphs and the
reason I did it with bath A through D and another ordinance with A through F was
because of the problem of what is in those. Sv what you need to do is pass the
ordinance that has A through D or A through F.
Rountree: I understand the e~cplanation.
Morrow: What we would be eliminating with Mr. Rountree's motion would be on page 3,
these conditions shall run with the land and bind the applicant inaudible} and Item F
would be meet the requirements and canditians of the findings of fact and conclusions
of law. Would that be the two that would be stricken?
C~aokston: Na, you are striking paragraphs, as you look at page 3 has A through F,
what you are striking is the language in paragraph C & D you are re~lettering then.
Bentley: E becomes C, D becomes F,
Crookston: That is correct, because I didn't know whether ar not you wanted that. The
language that is in those paragraphs C & D included or nat.
Marrow; Is your motion then Mr. Rountree and Mr. Talsma stand?
Rountree: My rnation stands with paragraph A through D.
Marrow: Ro I I call vote
ROLL CALL VOTE: Bentley ~-Yea, Rountree ~-Yea, Talsma ~-Yea
MOTION CARRIED: All Yea
ITEM #7: ORDINANCE #?'B3 - A'a LLC ANNEK~ATIONIL-O:
Morrow. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND
LOCATED IN THE NE %4 OF THE NE '/4 OF SECTION 17, T.3N, R.1 E, B.M. ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the
audience that wishes to Ordinance #763 to be read in its entirety? Is there a motion?
Rountree: I move that we approve Ordinance #l63 with suspension of rules.
Bentley: Second
(...
Meridian City Council
May 20, 1997
Page 11
Marrow: It has been moved and seconded to approve Ordinance #~'B3 with the
suspension of rules, roll call vote.
ROLL CALL VOTE: Bentley -~ Yea, Rountree ~-Yea, Tolsma ~ Yea
MOTION CARRIED: All Yea
ITEM #8: TABLED MAY 6, 1997: REQUEST FOR A CONDITIONAL USE PERMIT
FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC:
Marrow I believe it was tabled pending the annexation taking place end a presentation
of landscaping.
Smith: Council members my name is Roger Smith I work here in Meridian at 87g N.
Linder Raad, Suite B. I have brought with me tonight same actually I dust received from
the architect an hour ago which is an elevation showing the landscaping on the rear of
the building. Additionally I have another 1 ~ by ~ 7 of the site plan far each of you
showing the planter locations along the southern portion of the property. The plan for
the landscaping on the lower portion Qf the lot is to have a mix of deciduous and
coniferous trees to allow bath a change in view and leafing out in the Spring and
Summer time of the deciduous trees and also in the winter time they will provide some
sound and visual screening in those planters when the deciduous trees lase their leaves
they will still be able to provide the visual effect. I would like to note on that elevation
that we sort of needed to leave out same of the trees an that perspective view. There is
an area in between the buildings in the center that will have approximately 8 planters
which will have trees around the fountain area. But to give a perspective of what the
building will actually look like in that area we elected to keep those trees out. The
spacing of the planters on the backside on each side of the parking lot are
approximately one tree every 3g feet. There will be additional lower landscaping that will
be between the planters to attempt to provide some screening but we had to keep same
of that out so you could still see the buildings.
Marrow: Questions Mr. Tolsma? Mr. Rountree?
Rountree: Da you have any specs prepared on the landscaping or are you dust
consistent with the ordinance?
Smith: Consistent with the City's ordinance, we will provide significantly more trees than
the minimum required of 1 per 1500 square feet of asphalt.
Morrow: Mr. Bentley? Staff or Shari any questions? Gary? Thank you, what is your
pleasure Council? what would be appropriate is to adopt the findings of fact and
conclusions of law far the conditional use permit if you were sufficiently satisfied
concerning the landscaping requirement.
1,
Meridian City Counci!
May ~o, ~~~~
Page ~~
Rountree: I make a motion that the Meridian City Counci! adopts the fndings of fact and
conclusions of lawns prepared by Planning and honing.
Bentley: Second
Morrow: It has been moved and seconded to adopt the findings of fact and conclusions
of law as prepared by Planning and caning, roll call vote,
ROLL CALL VOTE: Bentley • Yea, Rountree ~- Yea, Tolsma ~ Yea
MOTION CARRIED: All Yea
Morrow: Is there a decision?
Rountree: I move that the Meridian City Council approve 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 and that the property
be required to meet the water, fire, sewer requirements, life safety codes, uniform fire
Cade, parking, paving and landscaping requirements and all of the ordinances of the
City of Meridian. The conditional use should be subject to review upon native to the
applicant by the City.
Bentley: Second
Morrow: It has been moved by Mr. Rountree, second by Mr. Bentley to approve the
decision as read all thane in favor? Opposed
MOTION CARRIED: All Yea
ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS
CONSTRUCTION:
Marrow: Counsel, question with respect to the f ndings of fact and conclusions, did we
table, we asked for new findings of fact and conclusions based an new information at
our fast public hearing.
Crookston: That is correct.
Morrow: So, 1 think it is appropriate then that we take action on this and then hear the
continued public hearing on the preliminary plat. Or, if you prefer we can invert the
sequence of these two items and hear the preliminary, the continuation of the
preliminary plat and then step back and either approve ar change the findings of fact
and conclusions and then approve the preliminary plat ar disapprove the preliminary
plat as you desire,
r F.....
Meridian City Council
May 2g, ~ 997
Page ~3
Crookston: I don't see that the preliminary plat is on the agenda.
Morrow: It is item #~0, it is a continuation of a public hearing from last meeting.
Crookston: That is up to the decision of the Council an haw you wish to do that. I would
say that it would be appropriate not to take action on the findings of fact if you are going
to put the plat on before that.
Morrow: Vlreil my point is as an option that the council has is they wish if they are not
totally comfortable with the findings of fact and conclusions ar if they wish for further
information concerning the preliminary plat before adopting or modifying the f ndings of
fact and conclusions. Mr. Bentley?
Bentley: I myself am not comfortable with these findings so I would be in favor of
listening to the plat.
Rountree: I think the continuation of the hearing on the preliminary plat may add some
specificity and clear up some of those issues with the findings.
Talsma: I have the same comment that Charlie does.
Marrow: is there a motion to reverse the order of agenda items 9 and ~g then'
Rountree: So moved
Bentley: Second
Morrow: It has been moved and seconded to reverse the order of items 9 and 14, all
those in favors Apposed?
NATION CARRIED: All Yea
Morrow, we will now take up item #10 on the agenda which is a continued public
hearing End of Tape}
ITEM #10: PUBLIC HEARING CONTINUED FROM MAY 6, 1997: REQUEST FOR A
PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS
CONSTRUCTION:
Morrow: Mr. Tealy I believe that is you.
Pat Tealey, ~ 09 S. 4t~ Street, Boise, was sworn by the City Attorne .
Y
Meridian City Council
May X0,1997
Page 14
Tealey: I received a copy of the findings of fact before the meeting and read through
them. There appears to be four major paints. I will try to limit my comments to those four
major paints because evidently there are same questions about the findings or I guess
whether yr not they have been addressed ar nat. The first is the sewer, we have worked
out a plan with the City Engineer, there will be the grade that is recorded by the Gity the
four tenths grade there will be no three tenths grade as indicated in the last meeting.
We have done this by raising the sewer in Packard No. 1 which is already an approved
subdivision. This will eliminate the lift station at the northwest corner of Packard No. 1
and move it down to the northwest corner of Packard No. This sewer lift station will
then be eliminated with connection to south slough sewer when it is advanced to our
property. This can either be worked out by the City or us with an easement through the
Alleman property. There is na question any more about grades ar service ability of the
sewer. Irrigation, we will provide access and maybe, do you want me to stop now and
let the city engineer Inaudible}
Morrow: We can dea! with that at the conclusion of your presentation.
Tealey: Okay, irrigation, we will pipe all irrigation ditches through the property as the
phases of the subdivision occur.lNe will provide delivery of water in its present delivery
paint and capacity to the surrounding properties as it required by City ordinance and
State code. These irrigation ditches will be tiled and constructed during off season time
so as not to disrupt any irrigation water that will be flowing to these lands during the
growing farming season. The fencing of the property was a third issue, the property will
be totally fenced as a result of this subdivision with fences that are consistent with the
farming practices on two sides the Alleman property and I believe the Reicherk property
on the south. If there are any other conflicts with Farming practice the appropriate fence
wi II be up again as stated as the phases of the subdivision are approved. We sort of see
this thing developing in one of two areas. First area being the old Borup parcel
approximately 1 ~ acres if we develop from the south to the north or the Brown property
if we choose to develop from the Chamberlain Estate side. if we do a phase an this
portion of the property this whale 1~ acres will be fenced with the first phase. In other
wards if we just do a phase down here this whole property will be fenced, If we choose
to start development phase over in here this whale 23 acre parcel will be fenced so as
not to have a ~canflict with the adjacent farming practice which is along the South slough
here and I believe it is Dixie Robert's praperky here an Wingate. The other issue is
Wingate Lane itself we propose no access tv Wingate Lane whatsoever as part of this
plat. There will be a crossing of Wingate Lane far emergency vehicle purposes only.
The rand that does come up to Wingate lane will have bollards put in it so that there will
be no vehicular traffic across Wingate Lane, emergency vehicle access only. if there are
any other questions I would be glad to answer them.
Morrow: Mr. Tolsma? Mr. Rountree?
Rountree: Shaw me the proposal on Wingate Lane on the plat?
~..
Meridian City Council
May 20, 1997
Page 15
Tealey; This is Wingate Lane running from nor#h to south, this road here will dead end
at Wingate with Ballards here. This road here will dead end at Wingate Lane with
Ballards here for emergency access vehicular access across here. This plan has been
approved by the Ada County Highway District and the City of Meridian in prior
discussions. There is no access at all from this lot ar any of these lots that back up to
Wingate Lane. These will all be Wingate Lane itself will be totally fenced off other than
the emergency vehicle access across this road here,
Rountree: Sa what you are saying by totally fenced off those fats that are in your
eventual subdivision would not have access to Wingate Lane
Tealey: Absolutely no access to Wingate Lane.
Marrow: Mr. Bentley questions?
Bentley: I have a question on the irrigation, are you going to da that in phases or are
you going to do it all at once?
Tealey: The irrigation will be done in phases as we pipe it through the subdivision
phases. V11e will not pipe the irrigation through the total 3~ acres until the phase gets
there. in other wards, Mr. Apeman has access to that ditch and anybody else who may
have access to it we will pipe that ditch through the subdivision as part of the phasing.
We will provide pressure irrigation to our lets through the system that we have now.
Bentley: In the last meeting we had there was discussions on if they have a problem
getting their water that it would be piped.
Tealey; If for some reason we fail to clean the ditches an a regular basis sa the delivery
of water is denied to Mr. Apeman the way I understand it is the applicant will be forced
to file the ditches in their entirety and if he doesn't do that the property be de~annexed.
Bentley: Next, do you have any plans in your plat there far open areas for parks?
Tealey: In this phase of Packard Subdivision we don't have any large open areas far
parks, we provided that in the f rst phase of Packard Na.1 approximately ~ acres worth.
Morrow: Any further questions or comments Ms. Stiles?
Stiles: I believe you have all my comments in my previous memorandums.
Morrow: Mr. Smith, I think there is a direct question in terms of the sewer issue or an
update on the sewer issue.
Smith: Yes, Mr. President and Council members, David Marks from Tealey Land
Surveying did bring in a plan view of the sewer line for number ~ that would sewer back
~:..
Meridian City Council
May 20, 1997
Page 16
or actually it would sewer through number 2 and also carry the sewage from number to
the northwest corner of number 2 at minimum grades four tenths percent there wouldn't
be anything less than four tenths percent Then the sewage would either be handled by
a lift station or into an extension of the south slough interceptor depending upon
negotiations between the land developer and Vern Alleman. They did have same
revisions to Packard Na. 1's development plans that raised the sewer from what was
designed so that this would all work and still maintain the cover that we needed on a
sewer in Packard No. ~ . I think that pretty well answered my questions an the sewage
ar the severing of these two pieces of property.
Tolsma: l have a question for Gary, by raising the elevation on this and moving the lift
station or doing away with the lift station is this still going to gravity back over to where
the school is going to be built off of Eagle Raad there?
Smith; Yes, they showed a sewer line stub to that corner a# that property approximately
9 feet deep, I don't know where the school is to be located but it appeared to me that
with the grade of the existing ground out there falling from the east to the west if you
start at the west end at 9 feet deep you should be able to maintain an adequate depth
by the time you get to the east boundary or to Eagle Road. They did not have survey
data, topog data for that piece of ground that 20 acres. But dust a feeling, my feeling the
way the land runs i~ this area that if you are going upgrade with a sewer you should be
alright. Mr. President, I did have another question, I think I heard Pat say that the
Highway District had approved closing off what would be Challis Street at UVingate is
that correct Pat?
Tealey; Yes, we went through that in their meetings that was a solution to the problem.
Smith: Does that create any problem on access to Locust Grove in terms of number of
lots an a single access. Because I think Chamberlain only has on access doesn't it's
Tealey; It filters back down, our map doesn't go far enough. But I think Chamberlain
does have only one access that is correct. The secondary access the emergency
vehicle access would be through this bollard portion of the road.
Smith: That was my only question was I understood the highway district in the past had
a policy of ~ 00 tats vn a single access ar 1008 trips per day. If they have changed that I
don't know.
Tealey: Their comments were specific to this subdivision with the number of lots that
were shown in Chamberlain Estates also. They approved this total concept, we do
provide access paints to go out to Ustick in the future if the Alleman property is ever
developed sa it will provide another access fram Ustick. The traffic consultant showed
this access as such and the Highway District approved it in our traffic study that was
addressed.
t
Meridian City Council
May 29,1997
Page 17
Smith: Mr. President, Pat that means there will then be a turn around on the east side of
vUingate ~.ane for that section of Challis is that correct.
Tealey: The turn around essentially is affected by this motion right here. This is only one
lot deep so that they don't require a turn around. This right in here they didn't require a
turn around if they do we will address that as part of our site specific when we get to
submitting the f nal plat on this portion of Packard Na. 2. They did not make specific
comment to a cuidesac.
Smith: I think it would be my recommendation that a turn around be provided down
there because it is four lots deep, if they are not going to be able cross vVingate 1 think
they need to have same way to turn around without backing out 4D9 feet.
Tealey: The developer wouldn't have any problem with a turn around in that area. This
was not addressed by the Highway District, this is the first time it has come up.
Marrow: Any other questions of staff?
Rountree: Just an indication from staff, apparently we haven't received the minutes ar
the action on the part of ACHE?
Stiles: Not that I am aware of.
Rountree: I haven't seen anything.
Stiles: l had one comment, Mr. Tealey indicates he thought he had responded to my
comments earlier I still have not received any response to those comments.
Tealey: Just an answer to one of the questions, there are two access for Chamberlain, I
think if you look on your City mays you can see two access points. Excuse me there
will be one access through Chamberlain and then chamberlains connects to another
road down in Chateau Meadows I believe and it gets out that way.
Morrow: 111lhile you are there Mr. Tealey would you respond to Mr. Stiles comments
about have you responded to her carnments in writing?
Tealey: All of her, I think she had in this, are you referring to item #3~ in these findings
of fact?All of those items are addressed an this preliminary plat
Stiles: I don't believe any of these comments have been addressed and I, it said that
you are to submit your response in writing.
Tealey: Those are the comments that I was looking far in the package from 1995 and in
fact this thing is asking us to address it as part of a l5 acre. It was part of the total
package of the 4a acres of Packard N~. lthat have already been approved and such.
~.
Meridian City Council
May 20, 1997
Page 18
So I assume that all of these have been answered or it will be answered. They cerkainly
can be answered, there is nothing in there that presents a problem whatsoever.
Stiles: I would like to see this addressed in writing prior to any action being taken. I think
two years is long enough to wait.
Morrow: Final questions of Pat? Thanks Pat, this is a continuation of the public hearing
is there anybody else from the public that would like to offer further testimony? Mr.
Apeman
Vern Apeman, 2~ g~ East Ustick Road, Meridian, was sworn by the pity Attorney.
Apeman: Thank you for the opportunity to testify on this subdivision. I have a hard time
separating preliminary plat and facts and findings so I will dust go through mine as I have
prepared it which is probably covering both. I need to clarify an answer I gave to a
question by Mr. Rountree, he asked me, this was at the last meeting, he asked me if
favored this subdivision, I tried to look at things from a broad view and that was what my
answer was based on. From a strictly personal view I would prefer that it remain like it
was before the developer purchased it. The following is made to findings of fact and
conclusions of law. Reference is made to item 19, page 1 ~ which reads as follows, "the
construction of irrigation system will occur in the winter", now this is a reply from the
engineer, "so as not to interrupt the delivery of irrigation water. Situations do occur in
which a contractor does not do what he is supposed to ar to inaudible}. This is nat
specifc enough, this allows the developer too many ~inaudible~ and this couldn't get
done on time. Then there is the question of what is the irrigation season or the
contractor couldn't do it when we needed it done. I request that it specif ed it must be
started after October 'l5 and completed before March 1 ~. There is no reason they
cannot start it in the last of October which would be mare than adequate time to
complete it well ahead of the dead line. Reference is made to item 3~ A page 49 which
reads as follows, "the Meridian comprehensive Plan indicates the need far a park in
the area of the property." My understanding was that they did away with the five acre
plot an the Packard No. ~ if it is still #here I would like to see it. With over l5 acres
annexed ar proposed for annexation in Packard No. ~ and Packard No. 2 open space
appears inadequate to mitigate the impacts of both subdivisions. I request that you
address this issue now and I ask you to decide if a park is needed now or in the future.
If you find that there is a need now or in the future for a park please address where and
how land will be provided. I beg you address this question now even if it will be needed
at a later date. I plead with you don't ignore this issue now and then at a later date
come to me and say we didn't tike care of this when we should have and now we need
your land to solve vur problem. I would like clarification of item 3~ D and F an page ~1
of the facts and findings. Now my facts and findings are the apes from Planning and
Zoning so if there are new ones I haven't had access to them. Reference is made to
item 33A page 23 which states, "any existing irrigation, drainage, ditches crossing the
property to be included in the proposed project shall be tiled per pity ordinance ~ ~ ~9-
6U5 M. The ditches to be piped are to be shown on the preliminary plat of the proposed
~.
Meridian City Council
May 20,1g97
Page 19
subdivision. Plans will need to be approved by the appropriate irrigation, drainage
district or lateral user association which written conformation of said approval submitted
to the Public Works Department. No variance has been requested for tiling of any of the
ditches crossing the proposed property. I haven't seen anything an the preliminary plat
covering the ditches across the property and request approval of the preliminary plat be
denied until this is shown and the irrigation district and the lateral users approve the
plans. It is my understanding that once this property is annexed it is the obligation of the
developer to maintain the irrigation ditches crossing the property. I wish to compliment
Mr. Marrow for the motion he made pertaining to Packard No. 1 subdivision whereby if
the developer doesn't maintain these ditches he will be required to file the complete
system immediately. I request this same provision be made applicable to Packard Na. 2
subdivision and reference is made to site specific comments and page ~5 which
pertains to pressurized irrigation. It is my understanding the water needed for
pressurized irrigation during the off irrigation season will utilize Meridian city water.
Should there be any change from this such as drilling a well it should be cleared with
the Idaho Water Resources agency and we the surrounding private property owners of
private wells should be notified sa we can protect our private water. Then in this last
item is in general so it is not pertaining to a specific subdivision, reference item #53
page 31, concerns increased population not paying far the impact need far services and
sa forth and thus imposing additional cost for those that have been here prior to all of
this development. I ask that impact fees be implemented an new development to
correct this problem. I stand far any questions that you may have thank you.
Morrow. Questions for Mr. Alleman?
Rountree: Would you repeat the window of time for the construction an irrigation?
Alleman: Gctober 15 to March 15.
Rountree: And that would be a period of time where work on the irrigation system would
be acceptable?
Alleman: Yes, it would need to be started after Gctober 15 and completed prior to March
5r
Bentley: Is Gctober 15 their date certain for shutting the water off this year with the high
water we have?
Alleman: Nat necessarily but I think a person can live with the passibility of that late
watering getting by.
Morrow: Any further questions of Mr. Alleman, is there anyone else from the public that
wishes to offer testimony?
Don Brian, 241g N. Locust Grove, Meridian, was sworn by the City Attorney.
Meridian City Council
May 20, 1997
Page 20
Brian: As a matter of saving time I would just like to make sure my testimony that 1 gave
at the previous testimony gets recorded into this meeting which I believe it will ver
batim. As in that same idea I would like to get an answer to my question on the traffic
study. That is my biggest concern on this subdivision since it putting out all the traffic
out to Locust Grove which is the road that I exit an. when I stated at the previous
meeting about the traffic study that was lane in the packet that you have the one that I
got and is public record with 19,0 trips per day now and the last traffic study that I
know about was done in 1994, 1 was wandering if there is a new traffic study and if I
can get a copy of the findings on what that traffic study found as far as the amount of
vehicles on Locust Grove and how this is going to affect that. Vvith the construction of
widening Locust Grove not to happen until ~g91 I think it is going to be a major problem
on Locust Grove for the next 4 years. So that is only thing that I would like to take up
your time with tonight.
Tolsma: I think he has a well sounded carnment ~inaudible~
Brian: Anyone who does up and down Locust Grove load knows what it is like and if
you can't, like I stated previously if you don't get out before 7:D9 in the morning you
might as well have breakfast an the way. Stop at the end of your driveway and finish it
off
Bentley: I want to know what your feelings were on his responses to the fencing of the
irrigation?
Brian: well I don't feel it is my place to speak on it in regards to this subdivision because
it doesn't affect me directly but I will because I have been affected directly with the
development around me, The fencing has always been a problem and they didn't
require fencing when they developed around me and it was a problem. They need to
fence the whole subdivision at once and not in phases to contain the whole the mess an
the people mostly the people when you have a situation like Wingate Lane you have a
Iot of horses and livestock out there and you are going to have to keep the people they
are going to have to take special steps to keep the people away from these rural areas
because it becomes a petting zoo and that is going to have to be looked at real
seriously to avoid future problems.
Bentley: And the irrigation?
Brian: I think we have the irrigation taken care at the last meeting with their agreement
to be required to file it if any problems come up down the road.
Morrow: Anybody else from the public that would like to offer further testimony?
Helen Sharp, ~44~ Wingate Lane, Meridian, was sworn by the City Attorney.
~.
Meridian City Council
May 20, 1997
Page 21
Sharp: I apologize for my voice but it is samething I can't control. I don't know if that is
goad or bad, but anyway my big concern right now is the comment ~I think" this is what
is gaing to happen. We are right back to square one we don't have definites. I don't care
what kind of fencing they got and 1 don't care if they build samething designed like the
TajMahal l would not like to see the zone change and I would not like to see the
development because !moved out to the rural area to have just what we have got a
private lane with few houses. The ~g acres is against Wingate Lane would be
developed. What happens to that phase of Wingate Lane as our friend that is at the end
of Wingate Lane has land and he can't build there and it borders against Wingate Land
and Ustick Road and has been told he cannot build there. I am having a little problem
too with they say we have a!I the problems resolved with the sewer and the water
irrigation. What happens with the flood irrigating and we have water under new houses
because of the run off, Now we know that is a fact we know it has happened because
there has been pending and threatening of lawsuits. Somebody buys a new house and
finds out I have six inches of water under it, who do l ga after, the guy that has the run
off water he was there long before they built the house and the subdivision was made. l
think it is something that needs to be seriously considered. We have a very high water
table and they say you won't have that much flood irrigating, are you going to stop
people from sprinkling and that is still gaing to saturate the ground. You will have more
houses watering sa are you saying then there isn't gaing to be as much water used.
You are still going to have to have a inaudible} and something to handle that water run
off because there is a high water table. We may not have had as much problem when
we had inaudible} but with the abundance of water we could have a very serious
problem and we have just a spat under our house where we keep a pump and when the
water table is high we da pump water in July and August. What is that going to do to
the subdivision. We can still put dry lines as I mentioned before into these subdivisions
and make sure the people inaudible} that they have to be well aware of the fact that if
the sewer line is there and the sewer is available they have to hook up. We know that,
that was one of the issues with the meeting that we were here the first of the month, one
young couple is faced with that very problem. I think that because there is not a great
need at this time far housing that they should wait until phase one is dune to see haw
that goes before we get too involved with phase ~. We are talking about emergency
equipment going across vVingate Lane and only then. I have a letter in my hand that
was addressed to Mr. Floyd Reiterate, a copy sent to us dated January 2, ~ g96 and I
am not going to read all of it but a paragraph so states, "Since E. l~leadawgrass
terminates at your east property line you will have full access to it. The developer is
required to instal! a barricade at the end of the public street. Sut it typically does not
extend across the entire width of the street and since the street abuts your property you
may drive around the barricade and use the public street as you would any other
property owner who's land abuts the public right of way. Similarly you can access East
Challis Street by driving north along the Wingate Lane easement only the inaudible} tv
black public usage from vVingate Lane and use that public right of way also. We haven't
been that we are going to put gates on there and once one car goes around a barricade
you can imagine the others are going to bypass that. Sa this is in black and white from
ACHD and we have a date on that. !think that again is that really needs to be
f _.
Meridian City Council
May 2g, X991
Page 22
addressed. I think we are right back and I think we should consider the staff's
recommendation until we have cold, hard facts and def niter an a plan it should be
denied, Thank you
Marrow: questions for Mrs. sharp?
Rountree: I know it is your only copy but can you get us a copy ofi your letter from
ACRD?
Dixie Roberts, 2855 Wingate Lane, Meridian, was sworn by the City Attorney.
Roberts: Well my statement stays the same as last time. I still have concerns and
everything I think that has been said has been very vague. As far as the irrigation I
think is the biggest thing forme and should this go through I would like to see the whole
thing tiled all at once and at the beginning. ~f course the fencing is a concern of mine
because of the animals. They talk about fencing their part but I think it really bails dawn
tv fencing mine also should this go through. Everything I think is very vague and I think
it would ruin our country living there and I am very much opposed to this. That is
basically what 1 have to say.
Morrow: Is there anyone else from the public that would like to offer testimony?
AI Dauven, 2824 Wingate Lane, Meridian, was sworn by the City Attorney.
Dauven: l guess I stand on my statement from the last time and it doesn't seem like
you guys are taking in the animal factor and the amount of houses you are. putting in
this area. So I think that I am dead against this . I think they should be big lots and they
should probably have a berm hill around them with a fence an top ifi it. Because that
might discourage little kids from crawling over it. The animal factor has to came into it
same time, If it is not going to came into it then there is something wrong. As far as this
Council goes I don't think that we might be in your impact area but you guys are
negligent to govern in your impact area as wel! as Ada County is too. Vl~hen you are
addressed with an ordinance violation nobody will address it. So what happens when
we are outside the City limits and we have these people that are in the City limits
dumping their garbage over the fence. Ulle are in the same situation once again.
Nabady takes responsibility far it. So I think maybe we better backup and soak at what
has happened there so far. Browns are operating I don't know what you want to call it a
garage ar junk yard ar whatever. They broke that property off and sold it. Mr. Alleman
sold that property to his brother so it was already split once. Yau cannot keep splitting
property without going through zoning. It doesn't fall under the five acre requirement,
neither does the Borup property with the house there. Somebody is going to have to
address this and somebody is going to have to be the governing body. Sa who is going
to take responsibility. So I think somebody has to step up here pretty quick. If you guys
don't want to take it then throw us back to Ada County. That is all I have to say.
~,_
Meridian City Council
May 2g, ~ 99l
Page 23
Marrow; Anyone else from the public that would like to testify?
Floyd Reichert, 2575 Wingate Lane, Meridian, was sworn by the City Attorney.
Reichert: I have always been in favor of the subdivision out there around because I
have been out there 3g years and like I say there are a lot of problems with the lane. I
can go ahead like Mr. Dauven did and go on and on but I would like to have them on the
east side of the lane ever show me that they have anything in their deeds or right of
ways from the conception of their property being broke off consistently from the 5a's
inaudible}. The right of way we have in front of our place is a road agreement it was
~9031~908 is the east boundary of the property owners on the west side of that lane.
when I bought my place that was on my deed and I would like to see everybody else
show me facts that they instrument number is attached to their property. But on the
request I had from Ada County Highway when the subdivision was coming in yes I
would like to have that road abut my property an the east line so I can move my
driveway over from the house and modify it so I can cross the lane and go out onto a
paved street and ga to Fairview. I would not like to see that blocked off that !don't have
access to drive around. I own the property to the access the public right of way why
should I be blocked off from it. 1 have made an agreement with the developer on the
north of my property when they da the fence I can have right of way to get off, I will have
to redo my driveway again to get off on the north side to go out on the other road to
have access to the public road so that it can be fenced so it won't be hindered. If we
don't take into consideration the future you don't have to worry about a park down there.
My piece of property isn't going to be worth nothing sa there is going to be open
property dawn there that the kids can some down and play on it on my five acres
because it isn't going to be any good to me or I can't sell it. If you don't have access for
the future of that community out there that is all I have to say.
Morrow: Questions for Mr. Reichert? Anybody else from the public that would like to
offer testimony?
Billy Jo Premoe, 3845 Uvingate, Meridian, was sworn by the City Attorney.
Premoe: I would also like to go on record again as being opposed the subdivision for
the traff c, for the concern of people coming on our lane. If there is emergency access l
am sure there is going to be filtering down problems with the lane and we are really
concerned about that about the animals on the lane. Also, the lack of planning far a
park, all of these things concern us and our quality of life. First and foremost we all
moved out there with one thing in mind and we are going to lose it if this subdivision
goes through. Thank you.
Morrow: Thank you, anyone else?
Date Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney.
Meridian City Council
May ~0, ~ 99l
Page ~~
Sharp: I also oppose this coning and also the preliminary plat and spelled out by Mr.
Alleman there are certainly quite a few concerns there that I agree with. Also in the
findings of fact that I have I don't have the most recent but it said that provide
pedestrian bicycle access across Wingate Lane and we are opposed to that because
this is a private road and we want to keep it such. These gates that we are talking
about should be adequate enough to restrict any bicycle or foot traff c aver Wingate
Lane, there is liability involved here and we certainly don't want to be involved with that.
As far as fencing, it should be entire fencing of the whole project sa that we don't have
all of this trash come over from the housing when it is being built. As I have had happen
an the south of me on the foods and they developed that. As far as the gates are
concerned ar the barricades they have barricade on a street that abuts my property the
Nampa Irrigation inaudible} we have, we finally put a cable across there with a sign up
that said no trespassing. People pay no attention to that, they come across there. They
were coming through with their motorcycles and cars and everything else. We
padlocked a cable across there. ~n the east side of my property on Nampa Meridian
Irrigation we also need a fence across the road there so Nampa Irrigation road so that if
this is, even with phase one we need that there to keep those people from accessing
that property. Because they don't pay any attention, there is a sign there also. If you
would care to came out and take a look at it, it is plenty visible and they pay no attention
whatsoever. The tiling of ditches, I think that should be done not in phases but all at
once. If they are going to do this development why don't they do the tiling of ditches and
then we don't' have any problems. who is going to monitor this down the way, just go
ahead and da it, Above all I am opposed to this project.
Marrow: Anyone else from the public that would like to offer testimony? okay, Mr.
Tealey it is opportunity for response.
Tealey: i guess I stand by the testimony that I just gave you earlier, we have dealt with
the sewer, there is concrete answer to it. We have it there is nothing ambiguous about it
whatsoever, There is nothing ambiguous about the irrigation problem, we have said that
we will pipe this thing in phases and we will clean the ditches. We will only construct
during certain times of the year. If we do not live up to these requirements one of them
being that we keep our ditches clean and the flaw of the water to adjacent properties as
it is today then yes we will be subject to a penalty and that penalty will be tiling of all of
the ditches immediately. You have never required that I know of a parcel this large to
file all the irrigation ditches as a matter of End of Tape} we are more than willing to
work with these people. I guess I just don't know how .much more specific we can get.
The fencing for instance, this project essentially once we fence Wingate Lane is two
parcels, one ~ 2 acre and one ~2 acre and we will develop on one side or the other of
Wingate Lane inaudible}. This ~ 2 acre parcel Wingate Lane will be fence, essentially
then we will have this part the eastern parcel and the western parcel. If we choose to
develop here we will immediately fence this entire parcel here and will be self contained
within itself and will be self contained in itself because Wingate Lane will be fenced
here, we wi I I then if we choose to develop here we wi I I fence the entire parcel. If we
choose to develop down inhere wi#h Wingate Lane being fenced here we will then finish
~,
Meridian City Council
May Z4,199~'
Page ~~
the fencing of this parcel so it will essentially be self contained. Wingate Lane issue, I
don't think these people will ever be satisfied, we have done our best, we have worked
with the Highway District, we have provided them with the traffic studies. We have
repeatedly gone back to them. As a result of this application been taking over the 2 year
period and asking them do you want anymore input, do you stand by your evaluation of
the situation. The answer has been resoundingly yes, never a maybe never do we want
anather traffic study. Vlle wil! not access Wingate Lane, there will be emergency access
across it that we can't stop. I think that is in the best interest of the general public
anybody that lives in Chamberlain Estates at the east end of Chamberlain Estates
would like another outlet, emergency outlet back down towards Hickory and Fairview, 1
think that is in the best genera! interest of the public. I guess you can go on and on
trying to address the numerous issues that they bring out but as soon as we address
them then they will have anather issue. 1 figure it is best to stop right now, if you have
any questions I would be glad to answer.
Tolsma; Is there such a thing as a deed restriction on this property that abets Wingate
Lane so there would be no access sa when you build a fence in there they don't cut a
hole in the fence and decide to put a gate in there to access Vlringate Lane.
Tealey; There will be a Hate an the face of the plat that says no access from any lots in
the subdivision to Wingate Lane. That is one of the requirements of the Highway
District.
Tolsma: Would that be on the deed, the property (inaudible)
Crookston: It could be
Tolsma: (Inaudible)
Crookston: It could be, it is just as goad to have it in a deed restriction. Any type of
restriction like that is just Pike a speed limit sign an the highway.
Tolsma: But if they cut a hole in the fence at least inaudible} something on the deed
that said you couldn't do that or it is on the plat. Maybe inaudible}
Crookston: The plat will be recorded
Tolsma: (Inaudible)
Crookston: That is true, you would have to go through, you would have to have same
means of adcessing the recorded document.
Tealey; The plat is a retarded instrument and an that instrument if we restrict the
access to Wingate Lane, you would certainly can enforce it that issue an from that
recorded instrument, There are numerous issues that can be covered in notes on the
~,.
Meridian City Council
May 2Q, ~ 997
Page ~~
plat such as addressing maintenance of common areas to addressing maintenance of
irrigation ditches and stuff. That seems to work for those issues so why wouldn't it work
in the access to Wingate Lane. Typically like if you have a double frontage situation
where say Ustick Road and you have a road parallel to it the note an the face of the plat
says no access to Locust drove Rand. That is covered all of the time with a Hate on the
pint. Pius if you wanted a deed restriction it would apply to, there are only about 1 Q or
~2 lots along Wingate Lane actually back up to where that situation can occur.
Tolsma: The other thing an the bollards they are using for emergency access several
subdivisions in Boise now have what they call a f re gate it is a swinging gate that the
fire department has the key far it only. Same of them are running an the ditch rider
roads that they are put a gate across there that goes to the ground up, 4~ inches tali
that if the fire trucks carry the key if they need emergency access to the ambulance they
have a key to gain through #hat access rather than the bollards which seems to be right
around because the motorcycles ga up and dawn the ditch banks where there are
baiiards. But where there is a gate across there, there are no motorcycles that ga up
and dawn the ditch bank.
Tealey: A gate would be fine if that works and it works for the City of Meridian it works
for us.
Tolsma: There are severs! developments in Boise that have went to those ire gates and
the fire department likes them better than trying to get pasts out of the ground ar
something like this to get through because it is better for them easier to gain access
through. That is just a statement.
Tealey: If the City of Meridian f re department would rather have thane than the bollards
then that is what we vvill install.
Tolsma: Mast of the baliards if they are a break away bollard they are touch and go to
run a truck up against one of those things to try and break the thing off and get through
it. Anyone in a four wheel drive wilt be able to the same thing. If they are a gate at least
they are going to damage something inaudible} that is something that you might check.
I know they have done a lot in Boise for the irrigation district and fire department both.
Tealey: If there is a befi#er way than baliards and it is approved by the Meridian fire
district and the ambulance service and emergency medical we will definitely look at that,
Tolsma: (Inaudible)
Rountree: The last time you were here you indicated there had been a traffic study
done, ACRD had indicated that no additional traffic study was necessary because of the
date of the previous traffic study. Am I remembering correctly ar did you say something
different?
t.
Meridian City Council
May 24, ~ 99~
Page ~7
Tealey: I think the traffic study was referring to was updated in midyear ~ 995 I have a
copy of that here if you want to look at it. It addresses the connection with Chamberlain
Estates and Locust Grove Road.
Rountree: Specificity in terms of construction timing of irrigation if that were added to the
findings you indicated you would work within whatever time period is non-~irrigatian if
specified Goober ~5 to March ~5.
Tealey: Correct, that is my understanding and the developer's understanding also.
Morrow: That being the case I will close the public hearing, Council your pleasure?
Rountree: Vern had a question.
Marrow: Okay, Vern please came forward I will re~apen the public hearing.
Crookston: You need a oration to re-open it.
Rountree: So moved
Tolsma: Second
Marrow: It has been moved and seconded to reopen the public hearing all those in
favor? Opposed?
MOTION CARRIED: All Yea
~Ileman: Can I ask a question of the stafl~, Shari in regards to the comment that is
pertaining to the parks, you state that there is no provision far park area, is there in
Subdivision No. 1 or in that area? l was under the impression that the park for number
one the five acre had been dare away with, is it still there?
Stiles: The 5 acre park they originally proposed is na longer them, they do have same
small pocket parks and some pedestrian pathways. I am not sure what the fatal acreage
of that is. As far as 5 acres in one spot there is not one.
Marrow: Now I will close the public hearing. What is your pleasure.
Rountree: well I think the appropriate thing to da would be tp ga back to the findings of
fact and conclusions on the annexation and take action on it. That will drive what
happens with the preliminary plat, So I move that we ga back to item 9.
Tolsma: Second
Morrow: Moved and seconded we go back to item 9, all those in favor? Opposed?
l ~f
Meridian City Council
May 2Q, 1991
Page 28
MOTION CARRIED: All Yea
Marrow: Now we are at the findings of fact and conclusions of law far annexation and
zoning of approximately 35.3 acres to R-4 by PNEIEdmonds Construction.
Crookston: I think the testimony is reflected in the findings of fact and conclusians of
law, I don't think that there has been anything signif cantly different in the testimony
tonight.
Rountree: Point of discussion on the findings of fact I think it is somewhat of a record in
terms of conditions same B3 pages. If any action is taken on them I would suggest that
we modify on page 59 item N, talking about the 4t~ line in Item N an erecting appropriate
signage, fencing and gates should be added to designate Wingate as a private lane. It
just refers to signage and there should be a reference to fencing an or gates.
Tolsma: (Inaudible)
Rountree: That is just far the emergency access.
Tolsma: (Inaudible)
Rountree: I don't have any problem with that, gates approved by the fire department
emergency services. On page 51, starting with the clause the applicant shall plan
commence and perform the construction and work of tiling the ditches, canals and
waterways an the property outside the designated irrigation season sa as to avoid the
interruption or disruption of the delivery of irrigation water to the property with
construction to start after add with construction to start after October 15 and be
completed by March 15.
Marrow: Mr. Bentley did you have any items in terms of what you wanted to see
incorporated within the findings of fact and conclusians?
Bentley: I think Mr. Rountree got them.
Tolsma: That emergency access gate would that be a sealed gate to limit (Inaudible)
Rountree: That was my understanding of the situation you described.
Tolsma: (Inaudible)
Morrow: So if I am understanding you have added three basically three considerations
with respect to the deed restriction or plat restriction Mr. Tolsma for access to Wingate
Lane. Also with respect to gates on page 59 with ~lnaudible} and they are on page 61
the issues with respect to construction season starting an irrigation. Raise one other
Meridian City Council
May 20, 1997
Page 29
issues Ms. Stiles has an issue with response or written response to her conditions
(inaudible)
Rountree: That was a condition an the findings of fact and conclusions of law as it
relates to annexation. The same comment far comments an the plat. one and the
same.
Stiles: It does, that is one of them comments it is included in the findings. I don't know
how you will address any response we might get,
Crookston; I thought that your comment referred to the platting and not the annexation
and zoning.
Stiles: It was bath.
Rountree: Help me find that camment.
Morrow: He is looking for your in the findings of fact and conclusions he is looking for
your camment requesting written responses to your camments.
Stiles: Page 24, item Q, the comments that are indicated my comments apparently it
references the preliminary plat. There are items in there that da deal with the
annexation.
Rountree: The findings da indicate that any questions you do have will be responded to.
Stiles: UVhat page is that on?
Rountree: That is page 24, it says the applicant is to address all the foregoing
comments in writing. That was one of your comments that is included in the findings of
fact and that needs to be done or that needs to be done as part of the fndings of fact,
depending on what happens to them.
Morrow: Technically speaking if they are adopted then that response has to (inaudible)
what is your pleasure?
Rountree: Mr. President, I would move that the City Council of the City of Meridian
hereby adopts and approves these findings of fact and conclusions of law and the
amendments.
Morrow: It has been moved and seconded the City Council of the City of Meridian
hereby adop# the findings of fact and conclusions of law and approve them as amended,
rail call vote.
RaLL CALL VOTE: Bentley ~-Yea, Rountree -Yea, Tolsma -Yea
~`
Meridian City Council
May ~a, ~ 99l
Page 3g
MOTION CARRIED: All Yea
Marrow: Is there a motion on the decision?
Rountree: Mr. President I move that the City Council of the City of Meridian hereby
decides that the property set forth in the application be approved far annexatian and
zoning under the conditions set forth in these amended f ndings of fact and conclusions
of law and revised including that the applicant or its successors and interests, assigns,
heirs, executors or personal representatives enter into a development agreement that if
the applicant is not agreeable with these amended findings of fact and conclusions of
law and are not agreeable with entering into a development agreement that the property
should not be annexed.
Talsma: Second
Marrow It has been moved and seconded for the decision as read by Mr. Rountree, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Marrow: Item nine has been taken care so now item 1 ~ is the preliminary plat. Is there
a motion, now that we have done item 9 we need a motion to direct the City Attorney to
prepare an annexatian ordinance.
Tolsma: So moved
Rountree: Second
Marrow: It has been moved and seconded to instruct the City Attorney to prepare an
annexation ordinance, all those in favor? Opposed?
MOTION CARRIED: All Yea
Marrow: Now item ~ g on the agenda is the preliminary, what action do you wish to
take?
Rountree: Mr. President, I would rnave that we table action on the preliminary plat until
such time as we have the annexation ordinance and the applicant has addressed in
writing the comments of City staff and had an opportunity to review the findings of fact
and make appropriate modifications to the plat.
Talsma: Second
Marrow: It has been moved and seconded by Mr. Rountree and Mr. Talsma to table the
preliminary plat pending the adoption of the annexation ordinance and response by the
Meridian City Council
May fig, ~ 99l
Page 31
applicant in writing to staff conditions and response by the applicant to the recently
adapted amended findings of fact and conclusions, ail those in favor? Gpposed?
MOTION CARRIED: All Yea
Bentley:l move we take a ten minute break.
Rauntre~: Second
Morrow: It has been moved and seconded to take a ten minute recess.
TEN MINUTE RECESS
ITEM #~ ~ : REQUEST FC~R A CGNDITIGNAL USE PERMIT FQR T1N0 BUILDINGS
UVITH DRIIfE UP WINDOWS BY R.T. NAHAS:
Marrow: 1 believe that is you Mr. Knopp.
Knopp: My name is Larry Knopp, the project consists of two buildings, two separate
buildings on a lot out here at a commercial subdivision off of Meridian Road, 1$t Street.
UVhat we are proposing are two approximately 4,QDB square foot buildings with
appropriate parking, landscaping that meets or exceeds the City of Meridian's
ordinance. The one building will have an optional or the flexibility of having a drive up
window facility located on the east and west ends to get some flexibility far the ceasing
of this facility. It is not for a restaurant, the facility, the drive up window would be used
for a facility similar to an espresso coffee fast service not a restaurant service. The
buildings are constructed of stucco, brick, store front, glazing, flat roofs with parapets
continuous an all four sides sa that there is no visibility of roofs or roof top units and
fabric awnings at the windows.
Morrow: Questions for Mr. Knopp7
Rountree: have you read the findings of fact and conciusians of law as prepared by
Planning and Zoning and if you so do you have any items you would like to discuss?
Knopp:l have read them and I have no questions or na problems with them.
Morrow: Ms. Stiles da you have any questions for Mr, Knopp? what is your desire?
Rountree: Mr. President, I would move that the City of Meridian City Council adopts the
findings and approves the findings of fact and conclusions of law as prepared by
Planning and Zoning.
Talsma: Second
(.
Meridian City Council
May 20, 1997
Page 32
Morrow: It has Keen moved by Mr. Rountree, second by Mr. Tolsma that Council hereby
adopt the findings of fact and concf usians of law as prepared for us by the P & Z
Commission, roll call vote.
ROLL CALL VOTE; Bentley ~- Yea, Rountree ~-Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow. Is there a motion on the Decision?
Rountree: Mr. President I move that the Meridian City Council approve the Conditional
Use Permit requested by the applicant for the property being described in the
application with the conditions set forth in the findings offact and conclusions of law.
Tolsma: Second
Marrow: Moved by Mr. Rountree, second by Mr. Tolsma on the decision and
recommendation as read, all those in favor? apposed?
MOTION CARRIED: All Yea
ITEM #12: REQUEST F4R A CONDITIONAL USE PERMIT FOR A FULL SERVICE
RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE
YOUNGERMAN):
Youngerman: I am Steve Youngerman and I operate Harry's Bar and Grill across the
street here. {Inaudible} people we stacked the whale thing on the premise that people
don't want to go out to dust dinner anymore, they want to ga out and be entertained.
Theme restaurants are the hottest thing going across the country as Planet Hollywood,
Harley I]avidson Cafe, Motown Cafe, all thane places will attest to that. what we have
proposed is a science fiction theme restaurant with props and items from movies and
the whole science fiction art farm from Flash Gordan and Buck Rogers right up to the
new stuff. As part of that we want to have a liquor license which is why we are doing the
conditional use permit. The location is up an tyre, it would be the NE Garner of 1 ~t and
Gem and it is the vacant lot between the Godfathers 131impie building and the ten
Schwab building, south side of Gem Street. The development is called the First
Meridian Playa. I have a plan aver here, it is approximately X30 seats, 70 in the bar,
160 in the dining room. This would be the south {inaudible} we have raised dining here,
raised dining here, raised bar area, banquet area that could not only be used far small
banquets but also as overflow dining on busy nights. Full, the style of cuisine is what we
call American cuisine, probably if you have been to TGI Fridays that kind of menu,
pasta, salads, chicken dishes, small steak, items like that. A place where a family can
ga and there is a lot of visual stuff far the kids to look at and have a good time with but
mom and dad can get the kind of adult beverages that they like to have. It appeals to a
wide variety of people, you get a great cross section of people. We think we have a
';
Meridian City Council
May 20, 1997
Page 33
pretty good plan. There is one item, I read the findings of fact and conclusions of law
and there is one item that was kind of inserked in there about a pedestrian access
across the Eight Mile Lateral which is an the north margin of the property an the south
side of Gem Street. The developer already had an agreement with the Nampa Meridian
irrigation District to file that entire ditch. Ada Jaunty Highway District has approved a
drive and entrance on Gem Street there. So, I guess I ask that be stricken from
inaudible} that kind of came in at the last meeting kind of out of nowhere. I think it was
something that was mentioned in 95 when the project first brought up.
Tolsma: Is this kind of similar #o Planet Hollywood?
Yaungerman: Yes, in fact that is going to be interior look is going to be quite a bit like
that. We don't have $~4 million to spend.
Tolsma: (Inaudible)
Youngerman: When we first came up with this idea I have a really top notch designer
who is a local guy working an this but if you watch science fiction movies there are two
distinct lacks there is the real clean sanitary look like the Death Star or the Starship
Enterprise and then there is the kind of used kind of rough worn look of the off world
stuff and that is the look we are going for kind of industrial. There is a place in Las
Vegas called Dive and it is a submarine place and they have a conveyor system that
has submarines going around the place all the time. We are going to try to put a
conveyor in there with rocket ships going around. Vile have rounded up props from the
movies, we have am Imperial Storm trooper, we have an Alien from the Alien movies,
we have a Martian from Mars Attacks and we are trying to get a Borg. We have a prop,
we have been able to end a lot of stuff, there is a ton of stuff out there. I tell you what it
is going to be a fun project, it is going to be unique in this valley. I think our goals are to
be the premiere restaurant in the valley to be the restaurant employer in the valley.
Rountree: I guess your comment with respect to the findings of fact and conclusions is
that item 8 page 9. It talks about if the applicant desires to place a pedestrian bridge
across.
Yaungerman: Right, but we are going to the the ditch. Like I said ACHD has already
given their blessing to an access an Gem Street.
Bentley: Question for the chief, the liquor license.
Gordon: Mr. President and Douncil I would presume that Mr. Youngerman already
possess a liquor license issued to the State. That would not be an issue, I am sure he
is aware of rules and regulations an liquor licenses.
Bentley: Thank you
t'.
Meridian City Council
May 2g, ~ 997
Page 34
Morrow: Staff, Gary or Shari, questions or comments? ghat is your pleasure?
Rountree: Mr. President 1 move that the Meridian City Council adopts the findings of fact
and conclusions afi law as prepared by the Planning and Zoning Commission with the
amendment of striking item S on page 9.
Talsma: Second
Morrow: Moved by Mr. Rountree, second by Mr. Tolsma to adopt the findings of fact and
conclusions of law as prepared by the P & Z striking item 8, page 9, roll call vote.
RGLL CALL VGTE: Bentley -~ Yea, Rountree -Yea, Talsma Yea
MGTION CARRIED: All Yea
Morrow: Is there a motion an the decision?
Rountree: Mr. President I move that we recamrnend and approve the conditional use
permit requested by the applicant far the property described in the application with the
conditions set forth in the findings of fact and conclusions of law.
Bentley: Second
Marrow: It has been moved by Mr. Rountree, second by Mr. Bentley to approve the
conditional use permit requested by the applicant far the property described in the
application under the conditions set forth in the findings of fact and conclusions of law,
all those in favor? Gppased'~
MOTION CARRIED: All Yea
ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL
OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC:
Bever: I am Amy Bever, I reside 8754 Cochran Drive.
Marrow: All you need to do is tell us about your project.
Bever: Basically this used to be Ambrose Plaza it is dawn here an East 1~~ Street and
State Avenue. My husband and I self own it and we have owned it for a year and a half
now. Vlle came to attention because we rented to a barber shop I believe that was the
reason for the conditional use. We were unaware that we were required to obtain a
conditional use permit when we purchased the property the people who were in the
offices are still there basically.lNe have non-retail businesses, low traffic businesses,
builder, barber shop, a typography place, long distance carrier which has not street
trafi~c at all. I guess the only questions were the parking situation which l though we
Meridian City Counci#
May ~0,19g1
Page 35
had addressed that last time and that we were expected to fix the curbing by the Ada
County Highway District.
Rountree: Your questions related to those items in the findings of fact, you are apposed
to doing that or just unaware that you had to do it?
Bever: VVe are aware that we have to fx the curbing and that they will fix it and send us
a bil# basically. The only other things listed were the outside lighting which I think is just
fine it doesn't bother any of the neighbors and doesn't cause a problem. The signs as
of now with the exception of Jack's Barber shag which we will talk to Jack they are al!
on the doors so there shouldn't be any problem with the signing. The water and sewer
usage, I have been paying these and these haven't changed they fluctuate minimally.
Landscaping consists of a very sma## strip of grass which is mowed and water by Rita's
Typography. I think that basically covers everything that you were questioning that was
in question.
Bentley: Questions of staff, do they have any additional comments?
Bever: I da have one thing I would like to bring up we are having a problem with the
roller bladers down there. They like to jump on our ramps and we have stepped and
talked to them. Vile wondered is it up to us to police the area, is it up to us to put up
signs is that alright. V11hat course of action do we take?
Marrow: Chief, a recommendation please?
Gordon; Mr. President and Council, presently we don't have any ordinances curtailing
skateboarders or roller bladers. The Department of Law Enforcement had the same
problem out there as does the high school. what they did was post no trespassing
without permission. where you are open to the street I would be open for suggestions, it
is not a cantralled access, it is almost public.
Bever: Can we put up signs?
Morrow: You certainly can.
Bever: Is there any specification as to where we put the sign?
Gordon: Just so it is visible. Here again though enforcement might be a problem with
any legs! ramifications.
Bever; well if they are harassing the tenants then we can.
Morrow; Counselor, your comments or suggestions here?
f . _...
I
t
Meridian city Council
May ~~, ~ 99?
Page 3B
Crookston: Weil the only comment that 1 have is with the signs, they need to be placed
so that nv one is injured by having the sign where it is. This is a very difficult problem
because there is public access to the walkways, to the sidewalks, signs are about the
best thing and then going out there yourself and asking them not to do it.
Bever: Which we did and didn't do any good.
Crookston;l know very well the problems that you have.
Bever:llllell if it is alright with you we will place some signs on the buildings and try to
police the area ourselves.
Smith: Mr. President,l noticed in same shopping centers they paint on the sidewalk no
roller blading, no skateboarding, na bicycles that sort of thing. The other thing on this
particular building along E. ~ st Street that sidewalk is actually outside of the public right
of way it is on an easement in front of those buildings. I think the edge of your building
near the alley the East ~ st side of that building is actually the right of way line. Sa part of
the parking, the diagonal parking in front of your building is actually on your property
and there is same kind of an easement agreement, a cooperative agreement between
the property owner and the City of Meridian and or the Highway district to allow that
parking to be public parking. So the sidewalk is actually on your property even though it
is used as a public facility.
Bever: So we should put up some barricades.
Smith: I don't know that you can da that. 1t might be simple enough to paint no
skateboarding, no roller blading an the sidewalk. l think they use typically a red paint.
Sever: Is that aesthetically acceptable?
Smith:l don't know.
Bever: (Inaudible)
Marrow: okay, what action do you wish to take?
Bentley: I would move that the City council approve the f ndings of fact and
conclusions of law as presented by the Planning and Zoning Commission.
Rountree: Second
Marrow: it has been moved by Mr. Bentley, second by Mr. Rountree to approve the
findings of fact and conclusions of law as prepared far us by Planing and Zoning
commission, roll call vote.
,.
Meridian City Council
May ~0, ~ 997
Page 37
RaLL CALL VOTE: Bentley -Yea, Rountree--Yea, Tolsma -~ Yea
MOTION CARRIED: All Yea
Morrow: Is there a motion on the decision and recommendation?
Bentley: The City Council of the City of Meridian approves the canditianal use permit
requested by the applicant for the property described in the application with the
conditions set farkh 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, fire and life safety codes, uniform fire Cade,
parking and paving and landscaping requirements and all ordinances of the City of
Meridian. The canditianal use should be subject to review upon notice to the applicant
by the City.
Rountree: Second
Morrow: Moved by Mr. Bentley, second by Mr. Rountree to adapt the decision and
recommendation as read, ail those in favor? apposed?
MOTION CARRIED: All Yea
ITEM #14: DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE N0. 5:
Morrow: Do we have that prepared for us?
(End of Tape)
Crookston: (Inaudible) if it was placed in your box, Shari had some changes and I had
some suggested changes. So I would let Shari comment on it.
Stiles; After 1lvayne and I reviewed phis and most Chase changes I did review Chase with
the applicant and he indicated they had no problem. I will make those changes and get
that back to him far signature.
Marrow: Your action Council?
Rountree: Mr. President, I move that we approve the development agreement as
revised by Counselor and City Planning Administrator and authorize the Mayor to sign
and the clerk to attest subject to final agreement between staff and developer.
Tolsma: Second
Morrow; Moved by Mr. Rountree, second by Mr. Tolsma to approve the development
agreement as amended by Counselor Crookston and Ms. Stiles this afternoon and to
r ,.,
i
Meridian City Council
May ~o, ~~~7
Page 38
authorize the Mayor to sign and the Clerk to attest that agreement contingent upon both
the staff and the developer signing off on the final document, all those in favor?
Cpposed?
MOTION CARRIED: All Yea
Crookston: May I raise a question, did you want to discuss the CCB~R's of The Lake at
Cherry Lane Na. 5? I know they are not on the agenda, there is just one comment in
there, let me go back. what they have done, it is the same as was done for Cherry Lane
No. 4, they requested to modify the CC&R's that were done for four. There is one
comment in there about striking a portion which is paragraph four of those conclusions.
what it relates to is the $656 development fee that is charged against Lots that are along
the golf course or in any subdivision out by the golf course and they want to strike that
from the CC&R's. It would be my recommendation that not be struck.
Morrow: well speaking as a councilman I totally agree with that. It should be part of the
deal, it is noticed every place that is of public record with respect to that subdivision it
ought in fact be sited.
Crookston: I think I can address that with Mr. Bradbury and possibly we can have new
CC&R's prepared that can be approved at a later time. That was the only comment that
I had any problem with the CC&R's.
Morrow: would you like a motion or would you like to submit the new CC&R's~
Crookston: I would contact Mr. Bradbury and ask him to resubmit.
ITEM #~ 5: DEPARTMENT REPORTS:
Smith: Mr. President and Council members, the first item on my agenda for my
department reports is the Engineering Agreement with Keller Associates Inc. from Boise
concerning an engineering agreement to design the addition and expansion to our
aeration pumping facilities at the waste water Treatment Plant. I think you have a copy
of that agreement in your packet.
Morrow. Questions or comments? Is there a motion to approve then?
Rountree: So moved
Bentley: Second
Morrow: It has been moved and seconded to approve the engineering agreement with
Keller and Associates for design and construction of the aeration and pumping facilities
at the waste water Treatment Plant, all those in favor? apposed?
(' ~'
Meridian City Council
May ~o, X997
Page 39
MGTIGN CARRIED: All Yea
Smith: I might mention for the record that the estimated construction cost on that is
~~ ,35 million. The second item I have concerns the request by I guess Howard Foley
representing the 1Narrior Stadium Inc. that was addressed to Mayor Corrie and City
Council requesting that you consider waiving hook up fees and other permit
assessments due as a result of the construction of bleachers, concession stands and
restroams at Meridian High School. I guess I need a decision from you as to that
request.
Tolsma: (Inaudible)
Rountree; l guess a point of discussion is if we do consider this and act an it favorably
for the request, I would certainly like the school board an the high school recognize the
City Gouncil has lane that and make their trustee member an the Parks and Recreation
Gammissian inaudible} and we get favorable consideration in our joint efforts within the
Gity of Meridian and the school district to accommodate recreation in joint use of their
facilities as well inaudible}. As far as the request, I would be favorable, I don't know
what kind of action we take, da they need to ask for a variance.
Crookston: They do
Rountree: Is this letter sufficient or do we have to go to a hearing process to do it.
Crookston: I have not seen the letter but I think there is a real problem with granting
waivers for fees. VIle do have the variance ability if anybody wants to not comply with
our building and development ordinances.
Tolsma: I have a question for Gary, would this be tying into their existing sewer line that
they already have this hook up far the recreation facility. Is this a completely separate
sewer line that they are going to inaudible}.
Smith: It was my understanding they weren't constructing any sewer lines. They are just
using existing facilities out there for restroams. There was a question as to what kind of
concession stand they were going to have, if they were going to generate any waste
from a concession stand ar if they were going to sell pre-packaged foods and not have
drink dispensing machines, not need restroams under the bleachers for the concession
stand area, I don't know the decision on that yet.
Tolsma: If they are already hooked up to the sewer and they are just expanding would
they need another hook up fee to use the already existing hook up they have already
gat?
....
Meridian City Council
May 20, ~ 997
Page 4D
Smith: Vllhat we do on these on any remodelladdition to an existing facility we look at
the water use of the facility and try to estimate what is going to happen vs. what they
presently or have been assessed. we make up the difference so that we are current.
Tolsma: if they use the restroom facilities then outside the stadium in lieu of the
restrooms inside the building what difference does it make. if it goes down this hole over
here or this whole over here it does to the same place.
Smith: Right, it doesn'fi make any difference.
Tolsma: The only existing water they would probably use extra would be whatever runs
the coke machine ar ice machine or something like that.
Smith: If they weren't having the function at the football stadium they wouldn't be using
the water, they wouldn't be using the sewer. That is what we were trying to estimate
initially what kind of bathroom facilities would be required for an operation that size. vl~e
got all kinds of responses from the school district's representative as far as what they
expect they are going to use versus what we anticipate they were going to use based
on the uniform plumbing code. That is what we originally set up the assessments.
Tolsma: (Inaudible)
Crookston: It was my understanding Mr. Carberry made a presentation at the Rotary
club that there was not going to be any additional facilities.
Rountree: vUhat fees do we collect anyway?
Morrow: You collect fees for the stadium and the concession stand or whatever else
might be there. I might offer a suggestion for you to consider is that in order not to have
to deal with the variance and to take up on your point Charlie we can take the money in
and by virtue of letter and donation donate the money back to the project as a City
Council with those criteria Inaudible}
Tolsma: (Inaudible}
Rountree: (Inaudible)
Morrow: That is part of what you can do in terms of a motion or however you want to do
it.
Crookston; L think there is a real problem in not requiring the fees to be paid if there is
no variance request for that,
Tolsma: (Inaudible)
Meridian City Council
May 20, 1997
Page 41
Morrow: If the fees are paid and then we donate back you don't need a variance in that
case. if you are going to waive the fees and l think obviously you may need to do it by
the variance method, that is the proper way to da it.
Crookston: I think you have a problem with a municipal entity donating back,
Marrow; what would you problem be?
Crookston: l don't know that I have a problem but l have a q~estian right now whether
or not that can be done.
Morrow: well then to move fvn~ard and give them an answer what da you wish tv do
with this? do you wish to instruct them to file for the variance? what we are doing with
someone else in terms of the variance the filing fees and stuff Like that you can instruct
them tv ask far a variance in fees if you sa desire.
Rountree; Yvu just increase their cost,
Marrow: well if you are going to make them file far a variance you are going to increase
their cast to da it unless you also as part of the variance waive the fee.
Rountree: I guess before we get this entirety too complicated my suggestion would be to
have counselor make it a priority to investigate the possibility of either a donation in the
amount to exclude the cast of inspections and if it can't be done in a monetary way that
we are now doing work in the Meridian Schaot District an same of their grounds ar will
be coordinating work there at City cost. Maybe direct these moneys to be utilized in
other maintenance activities ~inaudibie} as a passible way. Then the school can redirect
their maintenance dollars in some of those schools. !don't knave what we are talking
about in money but inaudible}
Marrow: I guess from my perspective part of what it is here is that it is one entity one
taxpayer one entity and with another tax payer supported entity and with our parks and
recreation commission we are trying to create a common goal. Sv I think certainly parts
of the parks and recreation Commission inaudible} if we are going to get tv use that
stadium facilities for civic affairs in the City as well as the schools athletic affairs. ~a it
seems to me that we have a vested interest as a City to take part as best we can within
that building of that facility, So I think samehawwe need to get to that point,
Rountree: l guess my preference would be to explore that and visit it again. So moved
Tolsma: Second
Marrow: It has been moved and seconded to instruct the City Attorney to research
methods of dealing with the build permit issue and to report back to this Council as our
June 3rd meeting with the results of that research, ail those in favor? a aced?
pp
1.
Meridian City Council
May ~~, ~~~~
Page 42
MOTION CARRIED: All yea
Smith: The next item I have is the biosalids study engineering agreement for Carona
Engineers. Do you have a copy of that agreement in your packet? If you have any
questions, I would request approval of this agreement, signature by Council President
and City Clerk for $3~ , 385 not to exceed.
Morrow: Questions for Mr. Smith? Is there a motion?
Tolsma: So moved
Rountree: Second
Morrow: It has been moved and seconded to approve the contract with Corolla
Engineers authorizing the Council President to sign and the Clerk to attest, all those in
favor? Opposed?
MOTION CARRIED: All Yea
Morrow. Anything further Gary? Chief? Shari?
Stiles; Mr. President and Councilman, did you get a packet on rabbits? The Chief has
just informed me that they had previously taken it to court and it was not apparently it
was thrown out it is determined to be not offensive. But now they have four new
complaints and I guess the police department is prepared to
Gordon: The original charge in g5 was offensive matter and the judge dismissed it
because he ruled that an officer's census or what would be offensive to a police officer
was not offensive to the public so he dismissed it, Uve didn't have any neighbor
statements ar support at that time. We do now have four written statements of
complaints with the neighbors around. It is an ordinance where Dean will have to file it
but the paperwork is all prepared and we are going to suggest that he goes back to the
prosecutor and we will try it one mare time as a nuisance rather than offensive matter.
Talsma:1~11auld Central District Health have a, get involved in that, could you coil them
and have them came out and look at it?
Gordan; I think they have been Councilman, I think everybody in the world has been out
on this thing and we are just going to try it again and see where we go. But we wilt
readdress that and see if they might have some help for us. It is a problem, a major
problem.
Stiles; The health department is getting involved as far as hosing the rabbit droppings
down into the sewer and also the fly problem. I think it would help probably if the
Meridian City Council
May 20, 1997
Page 43
Council would support declaring it a public nuisance that at least as far as the attorney's
action goes, Public nuisance is declared usually by either the Council or City Clerk or
the Police Chief. If you gv by there it is pretty offensive and it is right behind Tully Park
it is adjacent to Tully Park.
Rountree: Has the Humane Society been brought into this as well?
Stiles: I don't believe so, but we will contact them, apparently there are rabbits
screaming in death throws as they bake in the sun.
Rountree: I had a question for counselor, are rabbits livestock, domestic livestock. Gur
ordinance is so crazy about that. when I read it, it seemed to me that I could keep
horses in my backyard as tang as it was my property.
Crookston: I think that horses are livestock, but I think before the City Council should
take action to declare a public nuisance you need more evidence then what we have
received tonight. The Chief or the appropriate officers that our ordinances can declare it
can ga out and review it. You have not been out there to review it so I have a prablern
with the Council declaring it as a public nuisance until you have mare evidence if that is
what you desire.
Rountree: Does that mean that we need to take a field trip?
Crookston: Yvu could take a field trip, what I am saying is I don't want the Council to
take action without knowing the facts. The Chief ar the other appropriate afl:~cer can go
out and investigate it and if he thinks it is a public nuisance then he can declare it. But I
don't think the Council should take that action until they have more evidence.
Rountree: Does our action carry more weight in the litigation?
Crovkstan: Your action doesn't carry anything in a criminal charge,
Stiles: Haw abut a motion to ask the Police Chief and Code Enforcement Gfficer to
investigate and to authorize the City Attorney to prosecute if they make such a finding.
Crookston: I would appreciate it if we had the city prosecutor participate in that
prosecution.
Gordan: Gur animal control officer is presently in the middle of this situation. Although I
don't expect him to hop onto it but I think he would gladly work with the ordinance officer
and getting enough for prosecution. 1Nhere the animals are involved and possibly in
danger we have other ordinances in not only the county and the city ordinances where I
think we can get access and they can obtain enough to ale criminal charges through the
prosecutor.
Meridian City Council
May ~g,199?
Page 44
Rountree: I guess then in way of a motion that the Council encourages you to proceed
post haste.
Tvlsma: Second
Morrow: Moved and seconded to encourage the Chief and his staff to hop to it past
haste in terms of the rabbit issue, all those in favor? apposed?
M~TI~N CARRIED: All Yea
Stiles: I just wanted to bring something up about the building permit deaf with the
Warrior Stadium. For one thing I would like to know haven't they received bids on the
construction yet? I would hope that part of that bid included those permit fees as a
normal course of their work. Also to let you know that the Council did approve waiving
the fees on the Meridian Senior Center when they had their sprinkler system installed.
And that was with the agreement of the Plumbing Inspector and the Building Inspector. I
am not sure that they ever took us up on that because they did get a bid and the
contractor have indeed just paid those as part of his bid. I would hate to see somebody
have to go through a variance for that.
Morrow: If memory serves me correctly Shari and Ron didn't we waive fees some time
in the past on the Senior center for some building (inaudible) the kitchen facilities. Were
you part of that?
Stiles; No
Talsma: What we would have to do then is make sure the cantractars, if they figure the
fees in their bid would refund the fees to the school district at the same time.
Morrow: Wayne, do you recall how we did that before?
Crookston:Ida not.
Morrow: Mr. Crookston?
Crookston: Nothing
Morrow: Mr. Bentley?
Bentley: I have some, I am going to be putting a packet in your boxes probably next
week when I get the copies made concerning the cost and funding far the regional
sprinter train. I would like to see us considering possibly donating same funds to this. It
wouldn't be until we could commit now and then do it in our next budget year. I will give
you a break dawn of what we are looking at.
,:.....
Meridian City Council
May ~g,1991
Page 45
Marrow Mr. Rountree?
Rountree: ! have a list, mostly questions for counselor. Have you had an opportunity to
review the bylaws of the Parks and Recreation Commission and if not when can we
expect that or is that even necessary?
Crookston: i have not reviewed them but I think it is a good idea to have me take a Ioak
at those. It is an item that I should have been able to review by now but I have not. I will
do that.
Rountree: Another question far you, what is the status of the right of way easements an
Five Mile Creek project?
Croal~stan: I haven't been able to get to that either. The problem is in working with
Nampa and Meridian Irrigation District. I can try and do it, I know we have to try and
jump on it quickly.
Rountree: Again if Nampa Meridian Irrigation District is an obstacle then the underlying
owner is Bureau of Reclamation, Snake River area office and I believe they are willing
to work with the City. Item four, you consideration on the planning meeting whenever
we schedule it next time, the parks and recreation board represented by the president
would like to make a small presentation and give the Council the direction they are
going and the planning they have done and the goals they have set for themselves. So,
next meeting we will let them know when that is once we figure thet out. l have been
asked a question relative to City employees use of the parks and consideration far
waiving the park fees. l was not comfortable taking action on that since it is a city
ordinance, I just throw it out far discussion.
Tolsma: (Inaudible)
Rountree: If they have class reunions or family reunion they are responsible for the
location.
Morrow: l guess from my perspective inaudible} I don't have a problem if it is a family
reunion but I have a major problem if it is a class reunion and other types of things that
you might be representing inaudible}. If it is the Smith family reunion l don't have a
problem with that if they cover the cost of the trash stuff.
Rountree: It would seem to me that mast of our costs are the trash, just the difficulties
that would create I think might be more than it is worth. 4lnaudible} How are you going
ta, you are going to have police that it is their family reunion and not a class reunion. I
am not in favor of it but l told them I would bring that out.
Meridian City Council
May 20, 1997
Page 46
Bentley: If Shari was tv do it she would probably be the mast popular gal in town and
everybody would be inviting her to the party so she could get the park. I think that is
~in~udible} I think we just open ourselves up far a liftle ridicule and abuse maybe.
Rountree: I can see us doing it for a group of City employees like we have done for the
fire inaudible} but on an individual basis I think we are just opening it up fiat a lot of
people inaudible}.
Morrow: Anything else? Mr. Talsma? Mr. Berg?
Berg: A couple of things, Mr. Crookston gave me a draft ordinance concerning the
moratorium. After discussing that with him he said we are required to have a public
hearing on such a requirement but at least this is a draft and you can look through it. If
you notice on a couple of different things I left in your mailbox. ~'lanning and Zoning
Commission from Ada County is looking at a cellular tower ordinance it might be
important that we have a look at that before we do something. Also another thing from
Ada County development services was a Boise City area of impact request to amend
that. So we might want to look at that a little bit more closely. We also are trying to get
together to have a joint meeting with Ada County for the public hearing on the area of
impact. IIUe also need to set up some meetings for some budget workshops. Summer is
going to go fast as it is so we will just try to hit some times and hope everybody can
make it the best we can, UUhenever you guys are going to be on vacation ar going to be
out of town let me know so I can write it down on the calendar so we don't schedule
meetings if we can help it.
Rountree: On the budgeting thing would you listen to Bob McQuade's presentation and
put that (inaudible).
Berg: Yes I will, I did go to a seminar in Twin Falls, was it the State ~`ax Commission
gave, what it amounts to is this 3°lo cap that they passed three years ago, ~ years ago,
three years but it has affected us the last ~ years. It is just changing and instead of
dealing with annexation and building permits we have to deal with construction roll that
is prepared by the County.
Rountree: I kind of go the just of it inaudible}
Berg: I will get it into a formula so you can understand what we have to deal with. It is a
cutting back so we can't take as much advantage of the inflated prices. ~J1le will still get
an increase in the amount of moneys we have because of the market value and the levy
but we won't get as much as we did on the other formulas.
Morrow: If there are no other issues is there a motion to adjourn?
Rountree: Haw about our planning meeting?
l
Meridian City Council
May 20, 1997
Page 47
Marrow: Very good, before we adjourn, Tuesday is election day, we normally would be
doing a planning meeting but because it is an election day and they will be using this for
election issues my suggestion is that we as a Council and Mayor do an executive
session, special meeting executive session aid we do that in the Mayor's office. To
continue the discussion of the issues we have been discussing, the pending litigation,
personnel matters, or possible real estate purchases. I think we would start at 1:00,
Berg: Just a concern, I knave elections they will be shutting the doors at $;0Q even
though this is an open meeting I will have to wander and if people want to sit in the
vacant room they can.
Rountree: Can you close the (inaudible)
Berg: It will be closed off we will use that conference room throughout the day,
Rountree: So we would be 7 to 9.
Berg: So no planning meeting, what are we going to do about that?
Morrow: The planning meeting we will just have to move to the next available date.
Berg: V11e have something going an in this room Wednesday and Thursday evenings.
Morrow: We veil! have to inaudible}
Berg: I do want to say that if anybody asks the library is open now and they do have
some rooms in there.
Rountree: They don't have a policy for use yet, I just talked to them about it.
(Inaudible)
Morrow: So we are going to meet on Tuesday and we are going to find an available
date so that we can have the planning meeting.
Rountree: I move we adjourn
Bentley: Second
Morrow: It has bean moved and seconded to adjourn, ail those in favor? Upposed'~
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 10:40 P.M.
t
Meridian City Council
May fig, ~ 99'1
Page 48
(TAPE 4N FILE OF THESE PROCEEDINGS)
APPROVED:
r
O ERT D. CORRIE, MAYOR
ATTEST:
~~~~~,,~irir rrrr~~t~~}~
~~~~~ ~~r~~~
~~ ~~ rf
~ Ir ~~~~ ~ ~ ~~~/~
~ ~ 7 ~~
WILLIAM ~. BERG JR. CI CL RK
> > ~ ~~~
~•
~. ~.
~ ~ ~
~ ~~
~~~~~~~11 ~t11~k~,~
iii fl
CITY OF MERIDIAN
PUB~~C MEETING SIGN-IJ~ SHEET
CITY OF MERIDIAN
PUBLxC MEETING SIGN-IJ~ ~AEET
~-
r
r~ ---~
r~I
j~s~~
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, MAY ~p~,1997 ~- 7:3p P. M.
C1.TY CGUNCILCHAMBERS
MINUTES OF PREVIOUS MEETING F-FELD MAY 6, 1997:
PROCLAMATION: UNITED CEREBRAL PALSY CASUAL DAY
PRESENTATION: UPDATE ON ACHD COUPLET STUDY:
1. TABLED MAY 6, 1997:. FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY
BRIGHTON CORPORATION: ~~~ o,~ c~~~~~ ~~-.~~~~, ~
2. TABLED MAY 6, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
zLd/fe ~r~~~2 . ~~ ~R~ ~,
3. TABLED MAY 6, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY ONE ACRE TO R-15 BY LARRY ~ KAY HANSEN:
4. ORDINANCE #760 -COMMISSIONS, BOARDS, COMMITTEES:
5. ORDINANCE #761 -TRAFFIC SAFETY COMMISSION:
6. ORDINANCE #762 -DAVID & BECCI CARMACK ANNEXATION:
~s v-Z..
7. ORDINAN ~#763 - A'a LLC ANNEXATION/L-O:
~ ~~~
8. TABLED MA~6, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR
PROFESSIONAL OFFIC B ILDINGS BY A'a LLC:
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING OF APPROXIMATELY 35 23 CRES TO R-4 BY PNEIEDMONDS
CONSTRUCTION: ~~ ~ ~~ ,-~~~ ~c j L ~ r,~~o~r~~ e ~ crT~ iy-~
10. PUBLIC FARING C NTIN ED FROM. MAY 6, 1997: REQUEST FOR A
PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY
PNEIEDM~NDS CONSTRUCTION:
11. 'REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH
DRIVE UP WINDOWS BY R.T. NAHAS:
..
°~~~ e ~ ~,~ s~ ~. ~~
12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE
RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE
YOUNGERMAN) c~n~arv ~~e ~l~ ~ c lL
~~ rp v~ dc~c<~i}rr.~
13. REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL
OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER
PROPERTIES LLC: ~~o~rv,,:~. .{-~,G~`~ jL
14. DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE NO. 5:
~~~ ~ ~
15. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. ENGINEERING AGREEMENT: DESIGN & CONSTRUCTION OF
AERATION AND PUMPING FACILITIES AT 1NWTP: ~~r~re~
2. WARRIOR STADIUM BUILDING PERMIT:
3. BIOSOLIDS MANAGEMENT STUDY: ,~~~~~
r
ORDINANCE NQ.
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL CF LAND Lt~CATED IN THE
NORTHEAST 1 /4 OF THE NORTHEAST 114 OF SECTION 17 , TOWNSHIP ~ NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHOI AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City Council and the Mayor of the City of
r
Meridian Idaho, have concluded that it is a.n the best interest of
'd Cit to annex to the said City read. property wh~.ch is
sai y
described in Section 1 below:
NOW THEREFORE, BE IT ORDAINED by the Mayor and City
r
Council of the City of 1~Ieridian, Ada County, Idaho
Section 1. That the real property described as:
A tract of land located in the NE 1.14 , NE 114 , Secta.on
17 T 3N, R lE, B.M.; Ada County, zdaho more fully
described as follows:
Be innin at the North East corner of Section l7, T 3Ns
g g ° ~~2" E alon the East
R 1.E, B.M.; thence running S 0~ ~2 9
section lane of said Section 17 a distance of 452.0 ft.
to a aint r thence running N 75° 34' ~2" W a distance of
p
159.5 ft. to a point; thence running N 5~°45'22'; W a
distance of 4 91.4 8 f t . to a point; thence runn~.ng N
38 ° 51' S0" W a distance of 143.1 ft. to a point l thence
runnin N 4 3 ° ~ 8' 3 ~" E a distance of 4 5.4 ft . to a point
g
on the North Section line of said Sec . 17 ; thence runna.ng
S 89°54'l5" E along the North Section lame of said Sec.
17 a distance of 515.38 ft. to the point of beginning.
' annexed to the Cit of Meridians and shall be zoned L-~
is hereby Y
' ited Uff ice ~ that the annexation and zoning is subject to the
L].n! r
nditions referenced in the Findings of Fact and Conclusions ^of
co
w as ado ted b the Meridian Counca.l on the request for
La p y
annexation and zoning.
Section 2. That the property sha~.~~. ~bre .. subj~Gt, to de-
~~ ,~~ `~
nexatian if the owner shall not meet the f o~1o~ving~~ ~eq~irements
an _
,~ ~...'
- .. ~~
ANNEXATIQN QRDINANCE ~- A AhLC/L Q ,~ ~.,.~ r. ~ t
1 s,~ ~. ti r.~..,... __.. ~~. i, 4. a
IL~rlrfiir y
r
a. That the Applicant for this annexation shall be required
to connect to Meridian water and sewer at its expense and
resolve haw the water and sewer mains will serve the
land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
ordinance and the Meridian Comprehensive Plan adopted
January 4r 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter ~.nto a development agreement as
authorized by 11-2-416 L and 11-2-41? D; that the
development agreement shall address ~.nclusion into the
subdivision of the requirements of 11-9-605 Gr G.r E ~r
~, L of the Revised and Compiled Ordinances of the City
of Meridian and other matters; that the property may be
de~annexed if the terms and conditions of the Development
Agreement are not satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11--9-616, which pertains to
development tame schedules and requirements, 11-9~-6a5 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled awnersr and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Grdinances of
the City of Meridians which includes that the property
only be developed under the conditional use process.
Section 3. That the City Glerk shall cause one ~ 1 ~ copy of
the legal descriptionr and map, which shall plainly and clear~.y
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten ~10y days following the effective date of this
ordinance.
Section 4. EFFECTIVE DATE: There being an emergencyr
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this ~~ day of ~ ~ , 199? .
APPROVED:
~~ ~('~t,GC~~
~ ~xxxx~~2~$~~x~~x~t~~~k~
WALT MORROW, PRESIDENT - CI~'•l~Y`'CCIUNCIL
ANNE~ATI~N ORDINANCE ~ A'ALL~C/L~U
Page 2
~~~t~~lt~~i~~~ff t~ j~~f ~~
ATTEST: ~~~~~ ~~1~~
~~ ~ ~~
,. ~ ,.
w
~,.: ,~
,~
.. ~..
..
~~~
~.
ILLIAM G. BERG, -~ CITY CLE~K .~ ~
~`
~~r~ ~~ ~ ~~'t
.1~'~~~~~}~~`r,t~`~1~~t
STATE OF IDAHO,
ss.
County of Ada, 3
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
,Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
4RDZNANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE
NORTHEAST 1 /4 OF THE NORTHEAST 1 l4 OF SECTION 17 , TOWNSHIP 3 NORTH,
RANGE ~. EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE"; passed as Ordinance No. .~ , by the City
Council and Mayor of the City of Meridian, on the ~~' day ~-of
~ , 1997, as the same appears in my office.
DATED this ~ da of ~~ 1997 ~~~~,~~trt~~r~~~~rr~~,~r
~` '~~~
v
~,
'~ ~,
'` r
~ #
•~- r+-
w
~~~ ~
M
City Clerk, City o~dia ~~
Ada County, Idaho ~~ ~ '~
~~~~r ~ ~, ~~~~~
S E OF IDAHO ~~~ ~ ~w~``
TAT , ~ ,
a r~ S . ~~~t~~~~~ ~~~~~~~~
•
County of Ada, ~
~~~
On this day of ~ , 1997 before me, the
undersigned, a Notary Public in a 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 WHEREDF, I have hereunto set my hand and of f fixed, my
official seal the day and year in this certificate first above
Written. ~`i~~~rrrr~ t~,~~~~•#
~ ~~ ~ w
SEAL : ~ ~ 1~' ~: otar~ Public for Idaho
~ ~ ; ~ ~
~, ~~ ~ esa. ng at Mera.da.an, Idaho
~` `~•`` fission Ex Tres ~
.,,,,~ a~ ,,,,,
;~,~a~~
ANNExATZCN ORDINANCE '- A'ALLC/L-0 Page~3~
~~ f j I ~ ~~
. ter.. ~r~~r`~~r'~r~rr~~~ i
~~
i
I ~~ ~ .. __---_.--
-- ___-___ a~o~
-__
r
I
I
~ I
I
I
I
t I
1
I
"'
M ~ IQI
II
I
A II
. III
a EI
* " ~ r
o ~. ; ;'
l
~.
k ~I
f 1,
t` l
!~
~~
~,
1
1
II
r~
it
II
f I
1 +
!r
r 1
M
!j
Ip
! I
JI
t
~ ~ !j
! 1J
~ ~1
Ij
fr
je<
1
" ~\ ~.
~.~
` ~.
I1~ w~~,
~~
.~ ~~
.~
.,
H
~ r
~ ~.
w ~~ ~
l ~ i l
I l
I I ~"
~ I ~
I I a n I I
I I
1 7
I I
;~ I I * ~ I I
W
I I .."
I I ~
I I
I I
C ~'}
~+
I I ~
1 1 ~ ~ I I
I
I
I I ^ a I I ~ ry'~
W I
I I I I
~ I
II II
II ~
I I
-~__-_
- -- _
_
_
I I ~
1 +
_`• r
I I
I I ~eM ~do~a~
I~~
r I ~
,' W ii
I I
I
I I
II
I I ~
+ i ~ ~ I'
i I
I
r l
C} a~ I
1 ~ ~
I W I I
I l
I
I
N
I
N
I
I
I
N I
I I I
I
I
I
I
r "
r w
~'
1
I i
I
~ a ~
i ~I
I
I
I I
I l
I 1
~ ~ ~
~~
' I
I ~A~ --' I M
I `~
~
~
h3~~A
~ ~
I
I
~ 4
,---
-
4 I
I
I
I I
I
I ~
I^^ I
I'""' I
~ I
I
I
I I
I
~
~ r I
I ~ n A I I
I~I r
I
I
I
I ,,
~ I
~I
~l
I I~ I
I I
! 1
1 I
w I I I
I I
I
f ~
w ~ I I Mr ~ I I ~
I
l
I I
I I I I
I I .•.
I I
r I l
I I
I I
I ~, _
11 w*'1 I I
~-- -- ---
M
~ ~.,.
~: ~.
V 1~"
j~ ~ r. n
r
a
QJ~
~. .~~
1
~ /~ I
rl
I '
I ~1
I
I~I
j QI
I I
I I
__..__~ ~
~!
IQI
IO
I I
I I
I
I
!~ ~ ~
~
I I ~
I
I I si
I
( ~ ~ ~
a
~
~
I ~ ` f1
I
~ ~ ~ V
~
y
~~ a ~
II ~
Q
~
-~
I
~
'
~,;
~ I ~
3 ~
I I ` *.
~
~~~ ~'~
~~ ~\
I I ~ 4
l i d' ` ~
Il M ~ 0
;
° ~ ~\
, . ~'~; ~
~ ,
a d
~
r ~~ ~
li r d ; / ~
r
~~ .
i I i
n ~
I~I •
~ ~ ~
I I ~
I I
~ i i ,
I I
IQI
I I I I
I ~ _ ^~
I f r
I I !
I
,I
~I
~I
I I
IQ1
Iyy I
!}1
~~ I
1
I
~I
~l
1
I I
I I
h ~ ~~
ORDINANCE NO. ~6Z,
AN aRDINANCE GF TIDE CITY OF MERIDIAN ANNEXING AND BONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF ,LAND SITUATED 'IN
THE NORTHEAST QUARTER, SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City Council and the Mayor of the Ca.ty of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Sectian l below:
NOW, THEREFt3RE, BE IT ORDAINED by the Mayor and Gity
Council, of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
PARCEL I
Part of the Northeast quarter Southeast quarter of
Section 11, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho described as follows:
Beginning at a point an the North line of said Northeast
quarter Southeast quarter 2 8 0 feet West of the Northeast
corner of said Northeast quarter Southeast quarter, the
REAL PRINT OF BEGINNING;
thence South 203 feet;
thence West $6.62 feet to a paint 366.62 feet West of the
East line of said Northeast quarter Southeast quarter;
thence North 203 feet to a point an the North line of
said Northeast quarter Southeast quarter which is 366,62
feet West of the Northeast earner of said Northeast
quarter Southeast quarter;
thence East along the North line of said Northeast
quarter Southeast quarter 86.62 feet to the POINT OF
BEGINNING.
PARCEL II
Part of the Northeast quarter Southeast quart . ~~.~. _ ~. ~ T ~. ., ; ~ ;~
Sectian 11, Township 3 North, Range 1 West, ao~ise ~ ~,,~ .. ~~~ ~ f-,
Meridian Ada Count Idaho described as f of lows ~ ' ``'~ ~ ' ' "~ ` `~` " r ` `' "'
.,
~'w..`!..4~f
Beginning at a point an the North line of said Northeast ~ ~ ~ ~
quarter Southeast quarter 366.62 feet West of the
Northeast corner of said Northeast quarter S~ ~~~~ast`~ ~~`~ ~ ~
quarter, the REAL POINT OF BEGINNING;
,. r /~~ . _. ~ _.
thence South 2 0 3 feet ~ r ~ ~ .~.~...y___.__.%_ r :. r~,
ANNEXATION ORDINANCE -- DAVID & BECCZ CARMACK
Page 1
thence West x,3.35 feet to a point 350, 40 feet West of the
East line of said Northeast quarter Southeast quarter;
thence North 203 feet to a paint on the North line of
said Northeast quarter Southeast quarter which is 380,Q0
feet West of the Northeast corner of said Northeast
quarter Southeast quarter;
thence East along the North line of said Northeast
quarter Southeast quarter x.3,38 feet to the PAINT OF
BE~zNNZN~,
EXCEPT ditch and Road R~,ghts-of-Way,
FURTHER EXCEPT the following described parcel of land:
Part of the Northeast quarter Southeast quarter of
Section 11~ Township 3 North, Range 1 West Boise
N~eridian~ Ada County, Idaho, described as follows:
Beginning at a point 124 feet South of the North line of
said Northeast quarter Southeast quarter, 280 feet West
of the Northeast corner of said Northeast quarter
Southeast quarters the REAL PaTNT QF BEOINNIN~;
thence South 79 feet; .
thence West 5 , 5 feet to a paint 2 85.5 feet West of the
East line of said Northeast quarter Southeast quarter;
thence North 79 feet to a point 124 feet South of the
North line of said Northeast quarter Southeast quarter
which is 285.5 feet West of the East line of said
Northeast quarter Southeast quarter
thence East 5.5 feet along a line which is l24 feet South
of the North line of said Northeast quarter Southeast
quarter to the POINT OF BEGINNZN~.
~.s hereby annexed to the City of Meridian, and is zoned R~=3
Residential; if the zoning requirements of the R-3 zone are not
followed the property shall be subject to de-annexation; that the
Findings of Fact and Conclusions of Law are incorporated herein b
y
reference and requirements are a part of this Ordinance; that the
annexation and zoning is subject to the conditions referenced in
the Findings of Fact and Conclusions of Law as adopted b the
Y
Meridian Council on the request for annexation and zanin a
g
Section 2, That the property shall be subject to de-
annexata.an if the owner shall not meet the fallowing requirernentsr
ANNEXATION ORDINANCE - DAVID & BECCI CARMAC~
Page 2
a. That the Applicant for this annexation is required to
connect to the Merida~an wate~c and sewer and resolve how
the water and sewer mains wall serve the land.
bd That the development of the property shall be subject to
and controlled by the Subdivision and Development
ordinance and the Merid~.an Comprehensive Plan adopted
January 4, 1994.
c. That these conditions shall run with the land and bind
the applicant, the titled owners, and their assigns.
d. Meet the requirements and conditions of the Findings-of
Fact and Conclusions of Law.
Section 3 . That if Applicant shall fail to meet the above
cond~.tions the property shall be subject to de~annexation, which
conditions subsequent shall run with the land and also be personal
to the owner and Applicant.
Section 4 . That the City Clerk shall cause one ~ 1 ~ copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten ~10y days following the effective date of this
Ordinance.
Section 5. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this grdinance shall
be in full force and effect from and after its passage and appro~ral
as required by law.
PASSED by the City Council and approved by the Mayor of the
Cit of Meridian Ada Count Idaho, this ~ day of ~
Y - y ~ .-
, 199T.
APPROVED:
MAyI~R x~~ x~RRRT x~ x x~~~ ..
WALT MORROW, PRESIDENT - CITY COUNCIL
ANNEXATION ORDINANCE - DAVID & BECCI CARMACK
Fage 3
r 1 ' ~r:
` ~~~i~1il~#Ilt~~.~f~~~i
rM~~~~ ~ ~~~~~
~~ ~~ ~
~~
~ ,~
ATTEST. ~ ~~
~~.L
.~-~-~-
AM G. ERG, JR. -- ITY CLERK ~`
~-
5 TATE GF I DAH4 , } ~'~~~~~ ~ ~`,~~~~,~
`~~ ~ ~ stir
r S si • ~~ `~~
Count of Ada 'f{'1,""`~~``~~
y ~}
Z, WILLIAM BERG, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is a
true, full and correct copy of an Ordinance entitled "AN ORDINANCE
CF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY
WHICH IS DESCRIBED AS A PARCEL aF LAND SITUATED IN THE NORTHEAST
QUARTER, SOUTHEAST QUARTER aF SECTION 11, TOWNSHIP 3 NURTH, RANGE
l WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
FFECTIVE DATE" assed as Ordinance No. ~ , by the City
E -p
Co nci~. and Mayor of the Ca.ty of Meridian, on the day of
~, 1997, as the same appears in my office.
DATED this ~ ~ da of , 1997.
y
STATE GF IDAHO,}
ss.
County of Ada, }
City Clerk, City o
Ada County, Idaho
~~~~~ri~~ ~t ~tY ~~~~~f~~~
~' ~~
.~
,~ :~
~'~A ~ T _
.~ ~ ~~
~~f~. ~ ~ ~~~~,
~f~~l, ~ ~~~~~~~
~~Ntfi~i~ ~~ttt~~~
' s ~~ da of , 1997, before me,
•n thy, y
the undersigned, a Notary Public a.n an for said State, personally
a peared WILLIAM G. BERG, JR. known to me to be the person whose
P
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 day and year in this certificate first above:.
written~~;•.~t .~,.. , ~~~~a~,, ~ ~ ~ 4 ~ ~ ~~ 4
r~~r ~~~a ~ f~°
~~ ~ ~~~ ~~
i ~ ~ ~
SEAL w ~
.~ ~ ~ ~ }
~. ~ ~~5~1
. .
r ~ •
~~'~~ `~
~~1, ~ ~~ `~~t
~!!lflfl<<
N ar Public ~oa'~-I-c~aho
esi ng at Meridian, Idaho
o fission Expires: ~ D~ 9
ANNEXATION ORDINANCE -- DAVID & BECCI CARMACK
Page 4
w
~~ i
~~" - ~' ~ i
/~ i ~ ,
i / ~~
~ ~ ~
~ ~ r / ; ~
ice. ~ .
~ ~..
f~~
`:~
k ;.
~.
c
0
l
w
. ~
~w
t~ ~
1
~.J
\' \~~Qt!_~+
i ~
' I~
{i I
._.
~~~~~
r ~ rrrrr~wi~^
I
I
og
~~
~ .. ,
~ ~ ~ ~ ~ ,
'. ,
t
h ~ ~ ~
1 i ~
' ,
~r ~Q ~+ + +
I
~ ~. ?.a ~'
~i
f
~ I ~
If
} ~
w~wrw
i
M
1
1`
~.
~';,
.,
~ v
1 0
2
~i
r~~+,~,
~
~ ~ N. ?~3
.
~jl
~ r
-,
f °At~L ~
.. ~,
rs
~ ~~'
~'
~
~ m
~.
~ ~
~-
~,
Z
O
N
L-nIL7~12 ~2oAl~
WE'ST~..awN EsTAIt-5
Z
m
D
L
m
m,
wl
~'
~n
.~
n
N
{~
~x
4
~~
i
BEFORE THE CITY COUNCIL aF THE CITY OF MERIDIAN
PACIFIC NORTHWEST ELECTRIC ~F.N.E.~/EDM4NDS' CONSTRUCTIQN
APPLICATION FDR ANNExATI4N AND ZONING
A PCRTICN 4F THE NORTHWEST 1/4, SECTION 5
TOWNSHIP 3 NORTH, RANGE 1 EAST,
BD15E MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO
AMENDED FINDINGS OF FACT AND C4NCLUSIQNS QF LAW
The above entitled annexation and zoning application having
came on far public hearing on May 6, 1997, at the hour of 7:3~
o'clock p.m., the Applicant appearing through its representative,
Pat Tealey, the City Council of the City of Meridian having duly
considered the Findings of Fact and Conclusions of Law approved and
adopted by the Planning and Zoning Commission of the City of
Meridian, the evidence and testimony presented at the public
hearing, and the matter makes the fallowing Amended Findings of
Fact and Conclusions of Law:
F=NDINGS GF FACT
1. The notice of public hearing on the application for
annexation and zoning was published for two ~~~ consecutive weeks
prior to said public hearing scheduled for May 6, 1997, the first
publication of which was fifteen ~15~ days prior to said hearing;
that the matter was duly considered at the May 6, 1997, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS GF FACT AND CaNCLUSIGNS of LAW ~ Page 1.
F.N.E./EDMQNDS' CONSTRUCTION
~r
~ 1
2. The property included in the application for annexation
and zoning is described in the applicatian, and by this reference
is incorporated herein as if set forth in full. The property is
approximately 35.23 acres in size.
3 The property is presently zoned by Ada County as RT,
Rural Transitional, and is vacant land. The Applicant requests the
property be zoned ~R-4~, Law Density Residential District. The
Applicant has requested the annexation and this zoning, and the
application is not at the request of the City of Meridian.
4. The praperty is of agricultural use with two single
family dwellings and outbuildings. The Applicant intends to
develop a single-family residential subdivision known as Packard
Subdivision No. 2.
5. The praperty is north of Fairview Avenue and west of
Eagle Road, and borders existing subdivision developments,
Chamberlain Estates, Chateau Meadows, Kearney Place and Carol's
Subdivision. There exist a few small agricultural parcels ranging
in size from three to five acres to the north and to the east of
the property.
~. This application has been the subject of previous public
hearings the first of which was on June 22, 1995. In addition,
written comment of the public was received and made a part of the
record of the previous public hearings on this application. The
written comment of the public submitted and made part of the record
of the previous public hearings previously held on this applicatian
include the following:
FINDINGS of FACT AND CGNCLUSIUNS of LAW -Page 2.
P.N.E./EDMUNDS' CoNSTRUCTI~N
r:....
~ 1
~a~ A letter dated June ~~, 1995 from W, R, Johnson and
Virginia L, Johnson, which letter is incorporated herein
as if set forth in full, and provides:
1. They are residents living immediately adjacent
to the property;
Z. The compliment the Applicant for providing
larger size lots in that portion of their plan
for the property which abuts their property;
3. The submit the following concerns and
suggestions for consideration:
a. The easterly portion of the plan for the
property be redesigned to prevent Wingate
Lane from being used by just anyone;
b. A fence be erected between the property
and Carol Subdivision to the east to
prevent construction debris from blowing
onto their property; and
c. The Applicant complete hydrology studies
now being consdered and recommended by
the City's Public Works Department.
4. Wingate Lane is a private lane and should be
reserved for the use of those residents
presently living there. The construction of a
limited use barrier or gate at the Applicant's
expense may be a solution to the access to
Wingate Lane;
5. There exist numerous shallow wells in their
area, and nearby residents to the west in
established subdivisions are on record as to
complaints of poor water pressure. The
application should be denied or at least
tabled until the City of Meridian is certain
as to no adverse effect will result on the
water quality and supply from the development
of the property;
~. The Applicant has made na effort to contact
adjacent residents to discuss its development
intentions; and
7. They request that the application be denied or
tabled based their concerns.
FINDINGS of FACT AND CoNCLUSIUNS of LAW - Page 3.
P.N.E./EDMGNDS' CGNSTRUCTIGN
~b~ A letter dated June ~1, 1995 and a letter dated November
12, 1995 from residents of Wingate Lane, Meridian, Idaho,
which letters are incorporated herein as if set forth in
full , and which set forth the concerns and objections to
the application substantially similar to their testimony
presented at the public hearings on this application; and
~ c ~ An undated letter from Vern Alleman received by the City
of Meridian on June 2~, 1995, which letter is
incorporated herein as if set forth and which sets forth
the concerns and objections to the application
substantially similar to his testimony presented at the
public hearings on this application.
7. The Applicant's representative, Pat Tealey, testified
substantially as follows at the March 11, 199? public hearing on
this application. The Applicant requests annexation and zoning of
the property in conjunction with approval of a preliminary plat
with a development agreement for the development of the property as
a residential subdivision. The development agreement will bind the
Applicant to certain items, which include fencing of the
subdivision, pressurized irrigation, and sewer and water services.
Although these foregoing items are not all the items to be
addressed by the development agreement, the development agreement
will assure the neighbors in the area that the Applicant will
develop the property in a responsible manner.
8. The Applicant's representative, Pat Tealey, further
testified substantially as follows at the March 11, 1997 public
hearing on this application. All of the utilities are available to
the property, to-wit: water, electricity, gas, telephone, cable and
other utilities. The road system of Packard Subdivision No. 1
joins the road system of the proposed development of this property,
FINDINGS OF FACT AND CONCLUSIONS of LAW - Page 4.
P.N.E./EDMONDS' CONSTRUCTION
which permits the connection of the sewer to the south slough
extension which is planned by the City of Meridian.
9. The Applicant had a neighborhood meeting on March 10,
1997 at which quite a few neighbors attended. There were
discussions concerning the problems which had been voiced
previously about the proposed development and some of the
misconceptions which have been portrayed in the past.
10. The roadway system has been an issue and an expressed
concern. Since the time the application was submitted, Dove
Meadows Subdivision has been completed, which permits the
connection of the proposed development to a public road system to
the south. This access will be further enhanced by the development
of Packard Subdivision No. 1, which will bring the public road
system to the property's south boundary. Chamberlain Estates has
also been improved, which provides a connection to the public road
system to the west.
11. The Applicant has proposed buffering from adjacent
subdivisions with larger lots. The R-4 zone imposes a minimum lot
size of 8 , 0 00 square feet . liver 5 0 ~ of the lots of the proposed
development are approximately 14,000 square feet. Approximately
48~ of the lots are between 10,000 and 8,000 square feet in size
with 8,000 square feet being the minimum size.
12. After Packard Subdivision No. 1 was approved, the
.Applicant had an opportunity to purchase the Borup property which
consists of 22 acres. The Applicant perceived the Borup property
as a natural progression of Packard Subdivision No. 1, and the
FINDINGS OF FACT AND CaNCLUSI~NS DF LAw -Page 5.
P.N.E./EDMUNDS' CDNSTRUCTI4N
natural progression of development in the area. Thereafter, the
Applicant had the opportunity to purchase the Brown property, which
provided a solution to providing sewer service to the property.
The Applicant will eliminate the lift station which is part of
Packard Subdivision No. 1 and design the sewer for gravity f law
along the south slough.
13. Another issue has been the use of Wingate Lane, which was
a prime point of discussion at the March 14, 1997 neighborhood
meeting. The Applicant has assured the neighbors that the road
system of the proposed development of the property will not pravide
access to Wingate Lane. The road system of the proposed
development will have two gates across the public road system,
which will provide pedestrian and bicycle access. The two gates
will also provide emergency access through break away bollards,
which are specifically designed for such emergency access to either
side of the area.
14. There has alsa been questions about irrigation. The
Applicant will provide pressurized irrigation to each lot of the
proposed development. The Applicant has entered into an agreement
with the Nampa & Meridian Irrigation District who will own the
system. The Applicant is presently constructing a pressurized
irrigation system in Packard Subdivision No. 1 which will
accommodate the Dove Meadows Subdivision, Wingate Subdivision,
Packard Subdivision No. l and the proposed Packard Subdivision No.
~. At the cost of $85,000.00, the Applicant will provide the
piping system, the pumps and the pump house. The system will be
FINDINGS 4F FACT AND CQNCLUSIONS of LAW - Page 6.
P.N.E./EDMONDS' CoNSTRUCTIaN
~,, i ..
r {
turned over to the Nampa & Meridian Irrigation District who will
own and operate it,
15. In response to questions from Commissioner Borup, th}e
Applicant's representative, Pat Tealey, responded affirmatively
that the solutions to the issue concerning access to the Wingate
Lane and the sewer service to the property were respectively based
upon the recommendations of Ada County Highway District and of the
City of Meridian's City Engineer,
16. The residents of Wingate Lane submitted a letter dated
March 8, 1997 concerning this application, and the concerns and
issues of such residents, which concerns and issues are
substantially similar to their testimony presented at the public
hearings on this application. This letter is incorporated here5in
as if set forth in full .
17. There was testimony at the March 11, 1997 public hearing
objecting to the application which was principally as follows:
a. Dale Sharp testified substantially as follows. Mr.
Sharp referred to the letter dated March 8, 1997
submitted by the residents of Wingate Lane and expressed
the desire to have the Applicant address in writing the
issues stated in the letter. Mr. Sharp questioned the
sale of parts of the property, and whether the split of
such parts of the property were legal. Mr. Sharp further
testified that most of the lots which front his property
are smaller lots. He believes the minimum lot size for
the R-4 District is 8,400 square feet. The lots which
border Carol Subdivision are larger lots, and he believes
the lots which border his property should also be larger
lots. He stated that the Applicant has indicated that
increasing the lot size is difficult to do, but he does
not think it would be difficult. The residents along
Wingate Lane have been in the area for a long time; he
believes longer than Carol Subdivision was developed, He
objects to this proposed subdivision development on the
property, It will unduly impact the educational system,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
P.N.E./EDM4NDS' CCNSTRUCTI4N
impact traffic, the crime rate will increase, and their
services will be impacted.
b, Vern Alleman testified substantially as follows . At
the present time, irrigation water for his property comes
through the property. He understands the City requires
the tiling of the ditches thraugh the property. He is
concerned about the time period in which the ditches
through the property will be tiled. He desires that the
ditches be tiled during the period of Dctober 15th and
March 15th; the irrigation off-season so as not to
interfere with his crops . He is also concerned about the
location of the irrigation ditches across the property,
the size and grade of the pipe used to the the ditches
through the property and the placement of manholes. He
requests that the location of or easement for the ditches
through the property be recorded to avoid future problems
and conflicts. He added as a matter of information that
there is no agreement to allow the sewer to cross his
property. In response to a question of Commissioner
Borup, Mr. Alleman stated that the ditch crossing the
property is the users' private ditch for delivery of
irrigation water from the canal of Narnpa & Meridian
2rrigation District. After the water passes the delivery
point from the Nampa & Meridian Irrigation District's
canal or the head gate, the delivery of the irrigation
water becomes the problem of the users. The head gate is
located east of the south part of Wingate Lane. In
response to Commissioner Barup's clarification concerning
an agreement for the sewer to cross Mr. Alleman's
property, Mr. Alleman stated that it was fine that the
Applicant had developed plans for the sewer so it would
not have to crass his property.
c. Albert Dauven testified substantially as follows.
He shares the concerns expressed by Vern Alleman
concerning the delivery of irrigation water. The
irrigation water to his property comes further east than
Mr, Alleman's water. His irrigation water comes from
almost that portion of the property which was the Borup
property. Nampa & Meridian Irrigation District has said
that it can da nothing for the users to assure the
delivery of the water thraugh the ditches, The issue for
the delivery of the water needs to be decided from the
start of the process, since no agency governs the issue.
one can ask the farmers along Ustick Road about the
impact caused by contractors, and they would state that
they have been inconvenienced by the contractors . So for
protection, the issue of the delivery of water needs to
be addressed. In response to questions of Commissioner
Borup, Mr Dauven stated that he wanted in writing that
FINDINGS GF FACT AND CCNCLUSIaNS GF LAW -- Page $,
P.N.E./EDMGNDS' CDNSTRUCTIGN
the irrigation water will be delivered to the farmers in
the area, that the Applicant is not going to destroy the
ditches across the property and replace six months later.
Mr . Dauven i s speaking to the interruption of the flaw of
water during the irrigation season. With regard to
access to Wingate Lane, he does not want children from
the property entering the area where animals are
pastured. He lives on the south slough and the animals
create an attraction for kids. He has chased from his
pastures kids from the Carol Subdivision probably three
times a week, The animals are unpredictable. He does
not want foot or bicycle traffic. They already have
enough traffic, including persons riding motorcycles and
snowmobiles in this area, People dump their trash, grass
clippings and rocks over the bordering fence. He wants
to be protected from these things, through the
construction of a berm between the subdivision
development on the property and wingate Lane with a fence
on tap of the berm, Mr. Dauven further stated that if it
is decided to put a road through an wingate Lane, then
maybe there should be an area or dead zone from the
center line for no development to anticipate this
roadway. He is not against the subdivision development,
but he wants to see the development completed correctly.
d, Don Bryan testified substantially as follows . He is
a property owner on Locust Grove whom has been affected
and impacted by a multitude of subdivisions in the area
between Locust Grove, Fairview and Eagle Road. He has
had a history of fighting water problems and the way
developers develop. Some of the problems into which he
has faced have managed to work out, both the pros and the
cons of these developments. Because of the problems he
has faced in the past, he desires to have addressed in
this development to avoid problems for himself and other
neighbors. The separation between agricultural areas and
residential areas needs to be examined. He lives behind
Fred Meyer on Fairview. He worked with the developer of
that property. The developer erected a chain link fence
along his property line; however, this fence does not
keep the kids away from his horses . He is in the process
of posting his property with signs advising people to
stay out. The vacant lot next to his property is a
magnet for children, parents and dogs, and this creates
a real problem. He does not know what the solution may
be, but the problem needs to be examined. The issue of
pressurized irrigation which the Applicant is putting
into the development needs to be examined. The proposed
development of this property connects with Packard
Subdivision No. 1. The lateral ditches to my property
from the main ditch runs along the two sides of Packard
FINDINGS DF FACT AND C4NCLUSIDNS GF LAW ~- Page 9.
P.N.E./EDMGNDS' CoNSTRUCTIGN
Subdivision No. 1. He wants the developer to state his
glans for the ditches and to maintain the ditches until
the property is developed. He does not know how the
pressurized irrigation which the Applicant is installing
will effect him or other property owners with regard to
the delivery of irrigation water. He also has a concern
about the flow of traffic . The traffic will apparently
flow to Fairview which is beneficial to him as he lives
on Locust Grove. Locust Grove is so busy he cannot
access the road during peak hours. According to the Ada
County Highway District traffic study, the development of
the property will increase the traffic on Locust Grove by
950 vehicles per day. He questions whether Locust Grove
can handle that amount of traffic until it is improved.
Locust Grove is to be improved in 1998, but the
improvements will probably not occur until the year 2000.
In response to a question from Commissioner Borup, Mr.
Bryan stated that the irrigation ditch which delivers
water to his property is not affected by the proposed
development of the property.
e, Marc Peterson testified substantially as follows.
With reference to the gates and pedestrian and bicycle
access to Wingate Lane from the property, he does not
agree with such access. His property is approximately
l00 feet from the proposed location of the gates. He has
horses and livestock an his property. He has electric
fences along his property. He does not want people going
up and down Wingate Lane, He is also concerned about the
size of the lots. The Applicant has increased the lot
sizes around Carol Subdivision, but have not increased
the size of the lots directly across from his property.
He believes that the size of the lots along Carol
Subdivision and his property should be increased for the
reason of future widening of the road and a buffer zone
from the livestock. He likes the idea of a berm and
fence between the property and his property. 4f
particular concern is that he saw the proposed
subdivision plat for the first time on March 10, 199?.
He was the last property owner to be approved by Ada
County to have access on Wingate Lane. To have the
access, he had to have a minimum five acre parcel of
property. It appears that the Applicant is attempting to
squeeze one more house in between his house and his
neighbor's house. It appears to him that this Lot 14,
Block 9 is land locked because it should not have access
to Wingate Lane and it does not have access to the
streets in the proposed subdivision, So he does not
believe that Lot 14, Block 9 should be a buildable lot.
He understands that the Applicant plans to split the lot
FINDINGS of F.A.CT AND CaNCLUSIGNS of LAW -~ Page 10.
P.N.E./EDMONDS' CCNSTRUCTICN
to put a lot in between the existing house on the lot and
his house.
f . Helen Sharp testified substantially as follows . She
cannot believe this development can be approved when
there is a conf lict between the proposed subdivision plat
presented at this hearing and the one shown to the
neighbors at the March 10, 1997 neighborhood meeting.
She has spoken with Boise Planning and Zoning and there
is to be no more building on Wingate Lane, which means
that one cannot use Wingate Lane as a means of access to
the property. She is also advised that the area is a
buffer zone between Boise and Meridian. She was also
advised that one cannot divide the property if purchased
after 1968. The Borup portion of the praperty has been
sold to a young couple, which means it has not been zoned
but there is a break. Her concern is that the process is
not only zoning, but also planning. She would like to
see some planning done in this area. Wingate Lane is a
small one-half mile lane. Pictures have been presented
previously of Wingate Lane, and the question is what
benefit will the City of Meridian receive from this type
of zoning. Meridian does not need many new houses right
now. Realtors she has contacted say there are aver 500
houses available, which does not include those houses
which are to be built in new subdivisions. Her property
abuts the property. A fence exists between her property
and the property, over which people dump their grass
clippings and other material. She requests that
foresight be used rather than hindsight. She realizes
that development is going to occur, but the development
should be accomplished with planning. She does think
that all of the issues have been addressed at this point.
g. Dixie Roberts testified substantially as follows.
She opposes the growth in the area in which the praperty
is located. She moved out to the area for country
living. The developers want to came and develop the
area, and ruin it, so to speak, for the residents in the
area. Her son tried to buy an acre from her to build on
it . But, because of the zoning he could not build on the
one acre parcel to be purchased from her. He was
required to own five acres. one and a quarter acre have
been sold since her son's attempt to purchase the one
acre. Her primary concern is the availability of
irrigation water, because her property is worthless
without the water. She does not want a pump to irrigate
her property, but wants to be able to irrigate her
property the way she presently irrigates. The lay of the
land allows for the irrigation of the property without a
pump, and this is how the land should be irrigated.
FINDINGS of FACT AND CONCLUSIONS of LAW ~- Page ll.
P , N . E . /EDMONDS' C4NSTRUCTIC}N
Another issue is the number of children which will come
with the development. She loves children. However, if
the children enter upon her praperty where she has cows,
the children may be injured. Although there is to be no
access to Wingate Lane from the praperty, she is
concerned about the traffic an Wingate Lane created by
the proposed development of the property.
h. Craig Thompson testified substantially as follows.
He does not live adjacent to the property, but is
concerned with what will happen in the future. The
development should provide same type of blending effect.
He does not know haw to make the area look nice when
there are five acre parcels of land next to a subdivision
development with 8,040 to 10,000 square feet lots. He
has a concern of children playing in the south slough.
He questions how safety can be promoted with the number
of people in the area. He questions why the proposed
plat presented at the hearing is different from the orie
he saw previously. It bothers him that he is told one
thing but finds the contrary to be true or that things
are different. He thinks there are too many questions
right now. The Applicant should respond to the questions
and concerns presented.
i. Helen Sharp further testified substantially as
follows. A big issue is the crossing of Wingate Lane
with the sewer line. In response to a question of
clarification by Commissioner Borup, Helen Sharp stated
that Wingate Lane is a dedicated private lane pursuant to
a 1913 contract. She questions haw the sewer line can
cross this private lane.
j. Vern Alleman further testified substantially as
follows. He has livestock an his property. He desires
a proper fence be constructed to protect against children
entering the area in which livestock are pastured.
18, At the March ll, 1997 public hearing Dan Wood testified
in favor of the application. Mr. Wood testified substantially as
follows. The City of Meridian's Comprehensive Plan provides for
this area to be residential. The applicant proposing to
development this into a residential area. The size of the lots in
the proposed development of the praperty are larger than the lots
of surrounding subdivisions . The proposed lot sues meet or exceed
FINDINGS DF FACT AND C~NCLUSIaNS 4F LAW - Page 1Z.
P.N.E./EDMQNDS' CQNSTRUCTIQN
r^
I
the minimum requirements of the R-4 District. The Applicant is
doing everything it can to help the neighbors. However, the
Applicant, as the owner of the property, has rights . If it follows
the requirements of the City of Meridian, Ada County and the state
of Idaho, it should be able to develop the property as it desires.
l9. At the March ll, 1997 public hearing, the Applicant's
representative, Pat Tealey, responded to the comments presented
from the public substantially as fallows. With regard to
irrigation water, the Applicant must see that the same quantity of
water is delivered to the same place. Those neighboring land
owners will receive the same quantity of water at the same
location. If these land owners desire an agency review of the
Applicant's irrigation plans, the Applicant will gladly accept such
review by the Nampa & Meridian Irrigation District, whether it has
jurisdiction, or the City of Meridian. The Applicant will not
provide pressurized irrigation to the neighboring land owners, but
will provide the irrigation water each is to receive. The
Applicant does not intend to disrupt the delivery of irrigation
water. The construction of the irrigatian system will occur in the
winter so as not to interrupt the delivery of the irrigation water.
Situations do occur in which a contractor does nat do what it is
suppose to do or complete the work timely; however, the Applicant
will do whatever it can, including entering into an agreement, to
assure that the delivery of irrigation water is not disrupted.
With regard to Wingate Lane, the Applicant does not plan to access
Wingate Lane in any way. An additional lot along Wingate Lane was
FINDINGS CF FACT AND CoNCLUSICNS of LAW ~ Page 13.
P.N.E./EDMaNDS' CCNSTRUCTI~N
discussed at the March 14, 1997 neighborhood meeting, but that
additional lot is no longer part of the plan. Lot 14, Block 9 is
one lot, and the Applicant does not plan to split it to create
another lot. There exists a house on Lot l4, Block 9, but the
owner of the house does not own the entire area of this lot
represented on the proposed subdivision plat. In response to a
question of Commissioner Borup, Mr. Tealey stated that it is
correct that if the configuration of Lot l4 is changed, the
proposed plat of the subdivision will have to change and be
resubmitted for review. The Applicant does not plan and the Ada
County Highway District does not plan, based upon his conversations
with it, to improve Wingate Lane. It is to remain as it is.
Initially, the Applicant planned to make Wingate Lane an access to
the property and to improve Wingate Lane by constructing curbs,
gutters and sidewalks and install water and sewer lines, However,
the Applicant was presented with so much apposition that it
abandoned its attempts to improve it. The Applicant's present
plans are to dead end an access road at the Alleman property, so
that in the event the Alleman property is developed the road can be
extended to Ustick Road. With regard to the development of Packard
Subdivision No. 1, the Applicant is waiting for the approval of
this application sa it knows the plan for the location of the lift
station. With regard to the sewer line crossing Wingate Lane,
although the Applicant owns the property over which the easement
exists for Wingate Lane, the Applicant cannot disrupt the use of
the easement. However, the Applicant maintains that the easement
FINDINGS OF FACT AND CONCLUSIONS of LAW -Page 14,
P.N.E./EDM4NDS' CoNSTRUCTIDN
for Wingate Lane does not preclude the installation of utilities
through the area of the easement. The Applicant believes it has
the right to crass Wingate Lane with utilities.
~D. Mr. Sharp further testified at the March ll, 1997 public
hearing that he would like to see a gate constructed to discourage
people entering upon the Nampa & Meridian Irrigation District's
maintenance road far the Stokesberry Lateral and his property. He
would like to discourage traffic there, and a gate would stop
people from entering the area.
21. In response the Applicant's representative stated at the
March ll, 1997 public hearing that the Applicant had not discussed
such issue with the Nampa & Meridian Irrigation District; however,
if it wanted a gate at the location the Applicant would construct
a gate there.
22. Richard A. Scarr submitted a letter dated March l~~ 1997
concerning this application, and his concerns and desired
requirements far the development of the property, This letter is
incorporated herein as if set forth in full.
~3. R.W. and Mary Lee Peckenschneider submitted a letter
dated March 14, 1997 concerning this application, and their
concerns and desired requirements for the development of the
property. This letter is incorporated herein as if set forth in
full.
2 4 . Floyd F . Reichert submitted a letter dated March 10 , 19 9 7
concerning this application, and his and his wife's support of the
application and their desired requirements for the development of
FINDINGS GF FACT AND CGNCLUSIDNS of LAW - Page 15.
P.N,E./EDMONDS' CoNSTRUCTI~N
the property. This letter is incorporated herein as if set forth
in full .
25. U.S. West submitted comments and may hereafter submit
comments. Its submitted comments are incorporated herein as if set
forth in full and such comments hereafter submitted shall be
incorporated herein as if set forth in full when submitted. Its
submitted comments included that it requests a ten feet easement
along front and rear property lines, and a five feet easement along
all side lot lines.
26. Idaho Power submitted comments and may hereafter submit
comments. Its submitted comments are incorporated herein as if set
forth in full and such comments hereafter submitted shall be
incorporated herein as if set forth in full when submitted. Its
submitted comments included that it requires a permanent ten feet
wide easement along all lots adjacent to a road right-of--way
dedicated to public ar private use.
27. The Nampa & Meridian Irrigation District submitted
comments and may hereafter submit comments. Its submitted comments
are incorporated herein as if set forth in full and such comments
hereafter submitted shall be incorporated herein as if set forth in
full when submitted. Its submitted comments included the
following. Its Finch Lateral courses through the north portion of
the property. The right-of-way of the Finch Lateral is 80 feet: 40
feet from the center each way. Its Stakesberry Lateral courses
through the south portion of the property. The right-of -way of the
Stokesberry Lateral is 40 feet: 20 feet from the center each way.
FINDINGS of FACT AND CQNCLUSIaNS of LAW - Page l6.
P.N.E./EDMCNDS' CONSTRUCTION
/ - ~::-
~ ( #
The Applicant must contact it far approval before any encroachment
or change of right-of-way occurs. It requires that a Land Use
Change/Site Development application be filed for review prior to
final platting. All laterals and waste ways must be protected.
Municipal surface drainage must be retained on site. If any
surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans. It is recommended that
irrigation water be made available to all developments within this
District.
28. The Central District Health Department submitted comments
and may hereafter submit comments. Its submitted comments are
incorporated herein as if set forth in full and such comments
hereafter submitted shall be incorporated herein as if set forth in
full when submitted. Its submitted comments included the
following. After written approval from the appropriate entities
are submitted, it can approve this proposal far central sewage and
central water. Plans for central sewage and central water must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality. Street runoff is not
to create a mosquito breeding problem. It recommends that the
first one half inch of storm water be pretreated through a grassy
swale prior to discharge to the subsurface to prevent impact to
groundwater and surface water quality. The engineers and
architects involved with the design of the project should obtain
current best management practices for storm water disposal and
FINDINGS of FACT AND CONCLUSIONS of LAW - Page 17.
P.N.E./EDM4NDS' CaNSTRUCTI~N
design a storm water management system that is preventing
groundwater and surface water degradation.
~9. Joint School District No. ~ submitted comments and may
hereafter submit comments. Its submitted comments are incorporated
herein as if set forth in full and such comments hereafter
submitted shall be incorporated herein as if set forth in full when
submitted. Its submitted comments are summarized substantially as
follows:
~a} The proposed subdivision will create approximately 95
homes at a median value of $115,000.00;
fib} The property is located within the attendance zone for
Chief Joseph Elementary, Meridian Middle School and Eagle
High School. It may have to bus children in the proposed
subdivision to other schools due to overcrowding;
~c} Before it could support this application, it needs land
dedicated to it or at least made available at a minimum
price for a school site in the area. The site would need
water and sewer services available. It would also need
to pass another bond issue for the construction of
schools; and
~d} It is in a difficult position and needs assistance to
deal with the impact of growth on schools.
30. The Meridian Fire Department submitted comments and may
hereafter submit comments. Its submitted comments are incorporated
herein as if set forth in full and such comments hereafter
submitted shall be incorporated herein as if set Earth in full when
submitted, Its submitted comments included that open spaces will
need to be kept clear of trash and weeds, and whether there will be
only one way in and out to E. Quartz St., N, Simerly P1. and N.
Devlin Way.
FINDINGS DF FACT AND CDNCLUSIUNS CF LAW ~- Page l8.
P.N.E./EDM4NDS' C~NSTRUCTIDN
' - r_,,.
f
31. The Ada County Highway District submitted comments and
may hereafter submit comments. Its submitted comments are
incorporated herein as if set forth in full and such comments
hereafter submitted shall be incorporated herein as if set forth in
full when submitted. Its submitted comments included the
following:
a. The Applicant provide documentation to the District
that the authorized users of the private road have
subordinated their rights tv use the road to the Highway
District to the extent that public roads and utilities
may crass the easement far the private road, or an
opinion from a practicing attorney that such crossings
can legally occur;
b . The Applicant construct all internal streets to a 3 7
feet back-~to-back street section with 5 feet sidewalks
within a 5 4 feet right-of -way;
c. Two of the knuckles or half culdesacs shall be
constructed with median islands, maintaining a minimum
travel width of 21 feet to the back of the curb;
d. All landscaped medians shall be separate platted
lots owned and maintained by a homeowners association;
e. A minimum radius of 144 feet be maintained on all
curves having other than a 94 degree angle of deflection;
f. E. Challis Street, as depicted on the drawing on
file dated September 15, 1995, shall be dedicated but not
constructed across Wingate Lane until the two properties
south of the street crossing ,are developed and
constructian has been approved by the Ada County Highway
District Commission. The Applicant shall deposit the
cost of constructian of E. Challis Street across Wingate
Lane and the cast of removal of the gates required in
item g., immediately hereinbelaw, to the Public Rights-
af -Way Trust Fund;
g. Provide and install two gates, one at each end of
the unconstructed portion of E. Challis Street across
Wingate Lane, which will allow the passage of pedestrians
and bicycles, but not automobiles, along the
unconstructed section of said street;
FINDINGS GF FACT AND CUNCLUSICNS DF LAW -~ Page 19.
P.N.E./EDMONDS' CQNSTRUCTICN
h. The Applicant construct a l4 feet wide all weather
road along the route of sanitary sewer line in all
unplatted areas of the proposed subdivision, including
the portion of E. Challis Street across Wingate Lane;
i. The Applicant provide a legal and physical means of
access from the Reichert parcel of property to the public
street system;
j . A request f or modification, variance or waiver of
any requirement or policy outlined in the Ada County
Highway Districts submitted comments or comments
submitted hereafter shall be made in writing to the
Development Services Supervisor;
k. A right-of-way permit must be obtained from the Ada
County Highway District for any street or utility
construction within the public right-of-way. Utility
cuts should be combined where practical to limit pavement
damage;
1. The Applicant shall submit site drainage plans and
calculations for review and appropriate action by the Ada
County Highway Distrrict prior to issuance of building
permits or other required permits. The proposed drainage
system shall retain all storm water on-site and shall
conform to the requirements of the City of Meridian;
m, Public street drainage facilities shall be located
in the public right-af-way or in a common lot owned by a
homeowners association set aside specifically for that
use. There shall be no trees, fences, bushes, sheds or
other valuable amenities placed in said easement.
Drainage lots and their use restrictions shall be noted
on the plat when applicable;
n. The Applicant shall locate driveway curb cuts a
minimum of 5 feet from the side lot property lines when
driveways are not being shared with the adjacent
property;
o. The Applicant construct pedestrian ramps an the
corner of all street intersections in compliance with
Idaho Code Section 40-1335;
p. The Applicant dedicate a 20 feet by 20 feet right-
of-way triangle, or an appropriate curve to keep street
improvements within, the public right-of-way, at all
intersections abutting and/or within the development
prior to issuance of building permits or other required
permits;
FINDINGS qF FACT AND CGNCLUSICNS GF LAW - Page 20.
P.N.E./EDMGNDS' C4NSTRUCTIDN
~..
f
q. The Applicant continue existing irrigation and
drainage systems across the parcel of property;
r. The Applicant continue the borrow ditch drainage
abutting the parcel of property and culverts may be
required;
s. The Applicant provide written approval from the
appropriate irrigation/drainage district authorizing
storm runoff into their system;
t. If street improvements are proposed, the Applicant
locate obstructions; such as utility facilities,
irrigation and drainage ditches and appurtenances;
outside of the public right-of-way, as may be required by
the Ada County Highway District. The Applicant shall
obtain authorization for relocations from the appropriate
entity;
u. The Applicant locate proposed sign~s~ out of the
public right-of -way and out of the Clear-vision triangle
of all street and driveway intersections;
v. The Applicant install a stop sign on every
unsignalized approach of a project street to an
intersection involving a collectar or arterial as a
crass-street. The stop sign shall be installed when the
project street is first accessible to the motoring
public;
w. The Applicant is required to install street name
signs at the locations approved by the Ada County Highway
District. The Applicant shall purchase street name
signs, sign poles and mounting hardware from the Ada
County Highway District's Traffic operation Department or
an approved outside supplier. The District will not
manufacture street signs until a copy of the recorded
plat showing the recording data has been provided to
Development Services staff;
x. The Applicant shall cause to be provided a clear
vision sight triangle at all street intersections.
Within this triangle, no obstructions higher than 36
inches above the top of the pavement will be allowed,
including landscaping, berms, fences, walls or shrubs.
The triangle shall be defined by the long leg measured
down the centerline of any collector 350 feet and the
short leg measured down the centerline from the collectar
street curb line 2D feet. The Applicant shall provide
notes an the plat and street construction of these
restrictions;
FINDINGS OF FACT AND CONCLUSIONS 4F LAW - Page 21.
P.N.E./EDMONDS' CONSTRUCTION
y. The Applicant shall submit three sets of street
construction plans to the Ada County Highway District for
review and appropriate action;
z . The Applicant shall provide design data for proposed
access to public streets for review and appropriate
action by the Ada County Highway District;
aa. All public streets and drainage systems shall be
designed and constructed in conformance with the Ada
County Highway District's standards and policies;
bb. Specifications, land surveys, reports, plats,
drawings, plans, design information and calculations
presented to Ada County Highway District shall be sealed,
signed and dated by a Registered Professional Engineer or
Professional Land Surveyor in compliance with Idaho Code
Section 54-1215;
cc. The Applicant shall submit revised plans for staff
approval which incorporates any required design changes
prior to issuance of building permits ar other required
permits; and
dd. The construction, use and property development shall
be in conformance with all applicable requirements of the
Ada County Highway District prior to District approval
for occupancy.
32. The Planning and Zoning Administrator, Shari Stiles,
submitted comments and may hereafter submit comments. Her
submitted comments are incorporated herein as if set forth in full
and such comments hereafter submitted shall be incorporated herein
as if set forth in full when submitted. Her submitted comments
included the following:
a. The Meridian Comprehensive Plan indicates the need
for a park in the area of the property. With over 75
acres annexed or proposed for annexation in Packard
Subdivision No. 1 and Packard Subdivision No. 2, open
space appears inadequate to mitigate the impacts of the
both subdivisions;
b. The south slough is designated as a future pathway
in the Meridian Comprehensive Plan. Construction shall
be in accordance with the Ada County Pathway Plan and the
FINDINGS CF FACT AND CDNCLUSI4NS DF LAW -Page 22.
P.N.E./EDM4NDS' CoNSTRUCTI4N
r t~
City of Meridian's requirements. Any relocation of the
south slough will negate its consideration as a "natural
waterway" and will require tiling;
c. Perimeter fencing shall be required prior to
obtaining building permits. The south slough shall be
fenced with non-combustible fencing outside of
existing/required easement to accommodate future
pathways;
d, A development agreement is required as a condition
of annexation; ,
e. [At the time these comments are made,] no school
capacity is available to serve this subdivision;
f. No access is available to the property fat the time
these comments are made];
g, She has had reports that apartments have been
constructed on Lot 7, Block ~. In the event these
reports are accurate, this lot does not conform to the R-~
4 District zoning requirements. Additionally, it would
appear that this proposed lot has already been split
illegally;
h, All corner lots shall have a minimum of 80 feet of
f rantage , For purposes of calculating frontage, the line
length plus one-half of the curve length is used. Some
lots of the proposed subdivision; such as Lats, 1, 3, 4
and 6 , Block 7 ; will need arrows indicating the direction
the house must face;
i. Lot square footages are to be determined exclusive
of irrigation easements . The south slough area should be
designated as a separate lot to be owned and maintained
by the homeowners association;
j. Phasing of the development of the project, if
applicable, shall be indicated on the preliminary plat;
k, Easements shall be provided as required by City
ordinance Section 11-9-6Q5 D.;
l , Any changes to existing natural features shall meet
the approval of the City of Meridian and the appropriate
public agency prior to any construction activity taking
place;
m. Pressurized irrigation is to be supplied to all lots
within the proposed subdivision;
FINDINGS OF FACT AND CCNCLUSIDNS 4F LAW ~- Page 23.
P.N.E./EDMCNDS' CONSTRUCTIQN
n. Suffering of adjacent residential rural lots is
required. While consideration has been given to some
adjacent property owners, the lots in Block ~ do not show
the same consideration;
o. All ditches crassing or abutting the property are to
be tiled per City ordinance unless a variance is granted;
p. Driving lanes at culdesacs, "knuckles," at the north
and the south ends ~ of N. Malachite Avenue, with a 2 l feet
width, do not appear to be adequate; and
q. Applicant is to address all of the foregoing
comments, in writing, and submit such response to the
City of Meridians Clerk's office.
33. The Assistant to the City Engineer, Bruce Freckleton,
submitted general and site specific comments and he or the City
Engineer may hereafter submit general and site specific comments.
The submitted general and site specific comments of the Assistant
to the City Engineers are incorporated herein as if set forth in
full and such general and site specific comments hereafter
submitted by the Assistant to the City Engineer or the City
Engineer shall be incorporated herein as if set forth in full when
submitted. The general and site specific comments submitted by the
Assistant to the City Engineer included the following:
General Comments:
a. Any existing irrigation/drainage ditches crossing
the property to be included in the prapased project shall
be tiled per City Ordinance 11-9-~G05 M. The ditches to
be piped are to be shown on the preliminary plat of the
proposed subdivision. Plans will need to be approved by
the appropriate irrigation/drainage district or lateral
users association, with written confirmation of said
approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches
crassing the proposed project;
b. Any existing domestic wells andlor septic systems
within this project will have to be removed from their
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page Z4.
P.N.E,/EDMONDS' CONSTRUCTION
domestic service per City ordinance Section 5-7-517.
Wells may be used for non-damestic purposes such as
landscape irrigation;
c. The Applicant shall determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface sail conditions as prepared by a soil
scientist with the street development plans;
d. The Applicant shall submit a copy of proposed
restrictive covenants and/ar deed restrictions far the
City of Meridian's review;
e. The Applicant shall provide 5 feet sidewalks in
accordance with City ordinance Section 11-9-646 B.;
f. Water service to the proposed development is
contingent upon positive results from a hydraulic
analysis by the City of Meridian's compute model;
g. The Applicant shall submit a letter of approval from
the Ada County Street Name Committee, approving the
subdivision and street names. The Applicant shall make
any necessary corrections to the preliminary plat map
prior to resubmittal to the City of Meridian;
h. The Applicant is to coordinate fire hydrant
placement with the City of Meridian's Water Works
Superintendent;
i. The Applicant shall indicate any existing FEMA Flood
Plain Boundaries on the preliminary plat map, and/or any
plans to reduce said boundariesr
j. The Applicant shall submit a master street drainage
plan, including the method of disposal and approval from
the affected irrigation/drainage districtf and
k. The Applicant is to respond, in writing, to all of
the comments of the Assistant to the City Engineer, and
submit the responses with copies of the revised
preliminary plat map to the City of Meridian's Clerk's
office .
Site Specific Comments;
a. The legal description submitted with the application
and the preliminary plat appears to meet the annexation
criteria of the City of Meridian and Idaho State Tax
Commission;
FINDINGS DF FACT AND CDNCLUSIONS of LAW -~ Page 25.
P.N.E./EDMONDS' CaNSTRUCTION
b. Sanitary sewer service to the property shall be via
an extension of the south slough sewer interceptor. CAs
of the date these comments are made, the south slough
interceptor is at Locust Grove Raad, approximately 1,$Q4
feet west of the proposed development. The interceptor
line would need to crass the length of the proposed
"Chamberlain Estates" parcel and parcel owned by Vern
Alleman. Without the extended interceptor line, the
proposed development is not serviceable with the City of
Meridian's municipal system. The Applicant will be
responsible to construct the sewer mains to and through
the proposed development. The subdivision designer is to
coordinate main sizing and routing with the Meridian
Public Works Department. Sewer manholes are to be
provided to keep the sewer lines on the south and west
sides of the centerline. CAt the time these comments are
made, the preliminary plat submitted does not show how
the proposed development will be served. Until the sewer
line routing is proposed, this development should not be
considered;
c. Water service to this property could be via mains
installed in N. Hickory Way as part of the first phase of
the "Dove Meadows" project; however, Cat the time these
comments are made, the approved preliminary plat of
"Dove Meadows" Chad expired beyond the one year time
frame established by the City of Meridian's ordinances
far completing the second phase. This leaves a gap of
approximately 344 feet between the existing water main
and property that the Applicant controls Packard
Subdivision No. l~. The Applicant shall be responsible
to construct the water mains to and through the proposed
development. The subdivision designer is to coordinate
the main sizing and routing with the Meridian Public
Works Department. CAt the time these comments are made,
the preliminary plat submitted does not show how the
proposed development will be served. Until the water
line routing is proposed, this development should not be
considered;
d. The subdivision designer is to coordinate E.
Carnelian street stub alignment into the proposed
"Chamberlain Estates" with Hubble Engineering, Inc.;
e. The Applicant is to revise the preliminary plat map
to show all adjacent land use and existing zoning of
properties ,surrounding the proposed development,
Including existing or approved proposed streets and lots,
and to include all proposed and existing utilities
including pressurized irrigation, with proposed source,
and addressing all other comments of the Assistant to the
FINDINGS of FACT AND CaNCLUSIONS OF LAW - Page ~6.
P.N.E./EDMQNDS' CDNSTRUCTIQN
City Engineer. The Applicant is to resubmit the
preliminary plat with said revisions;
f. The Applicant is to submit a master street grading
and drainage plan including the method of disposal and
the approval from the affected irrigation/drainage
district;
g. Cne hundred watt high pressure sodium street lights
will be required at locations designated by the Meridian
Public Works Department, All street lights shall be
installed at the Applicant's expense. Typical locations
of the street lights are at street intersections and/or
fire hydrants;
h. The minimum street frontage for Lat 17, Black ~
shall be eighty feet, measured at the arc for the curved
portion per City of Meridian ordinance;
i. Lots 1 and 6, Block 7 shall have a limitation on
house orientation towards N. Hickory Way. Lots 3 and 4,
Block 7 shall have a limitation an house orientation
towards N. Malachite Ave. Lot 5, Black 6 shall have a
limitation on house orientation towards E. Meadowgrass
Street . Lot 7 , Block l 4 shall have a limitation on house
orientation towards N. Devlin. The Applicant is to
indicate said house orientations vn the preliminary plat
and final plat maps;
j. The Applicant is to provide a 54 feet radius paved
temporary turn around at the westerly end of Quartz St.;
k. The preliminary plat map contour lines need to be
labeled and tied to an established benchmark;
1. The preliminary plat map needs to be stamped, signed
and dated by the design engineer or land surveyor;
m. The Applicant is to provide statements of
dedications to the public and/or easements ~ together with
a statement of location, dimension and purpose of the
dedication or easements;
n . Any proposal f or a supplementary connection from the
City of Meridian's water system to pressurized irrigation
system being proposed will need to be reviewed closely
due to the size of the area to be watered. The Applicant
shall provide a statement as to the ownership of, and
operation and maintenance for the pressurized irrigation
system;
FINDINGS aF FACT AND C~NCLUSIQNS QF LAW - Page 27.
P.N.E./EDMaNDS' CONSTRUCTION
a. The Applicant is to revise the preliminary plat map
to show the extension of N, Wingate Ave. across the
Reichert property. The Applicant shall mare provisions
in the design to accommodate access from this extension
to the Sharp parcel;
p, The width of the pavement in the "94 degree Knuckle"
turn outs need to be reviewed and approved by the
Meridian Fire Department and Meridian Joint School
District No. 2; and
q. The correspondence between Larry Sale of the Ada
County Highway District and Gary Smith, P.E., Meridian
City Engineer, respectively dated October 2, 1995 and
October 1~, 1995 are incorporated herein as if set forth
in full.
34. The .Applicant's represenative, Ted Hutchinson of Tealey's
Land Surveying, responded to the general and site specific comments
of the Assistant to the City Engineer, Bruce Freckleton, by letter
dated December 12, 1995. The responses contained in said letter of
December 1~, 1995 are incorporated herein as if set forth in full.
35. The Applicant's representative, Pat Tealey, testified
substantially as follows at the May 6, 1997 public hearing on this
application. This application was originally submitted in 1995.
The Applicant has been going through this process for some two and
one-half years, and it has finally come to City Council. The
Planning and Zoning Commission voted unanimously on March llr 1997
to prepare findings of f act and conclusions of law to support an
annexation of the property. The property is adjacent to and
abutting the present city limits of the City of Meridian. The
property is within the area of impact to the City of Meridian, and
is included in the Urban Service Planning Area of the City of
Meridian. The property is designated in the Meridian Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW -~ Page 28.
P.N,E,/EDMDNDS' CONSTRUCTION
Plan as single family residential. All services can be provided to
this parcel as a condition of this annexation. The Applicant is
requesting R-4 zoning of the property which is consistent with the
zoning in the immediate area.
36. vern Alleman testified at the May 6, 1997 hearing
substantially as follows. As a point of clarification, the plat
for the property shows the irrigation district as Settlers
Irrigation District. This designation cannot be correct because
the Nampa & Meridian Irrigation District delivers the irrigation
water and collects the irrigation taxes. He is concerned about the
delivery of the irrigation water to his property which flows
through the property according to plat dated April 1997. He does
not find on the plat map how the irrigation water is delivered to
his property through the property, or any of the applicable
specifications such as size of the pipe, grade or placement of
manholes. He specifically requests that as a condition of the
approval of the plat that such applicable information be set forth
an the plat, and the specific time period of October 15 to March l5
be designated as the period for construction of the irrigation
system for the continued delivery of irrigation water to his and
surrounding the property. As a result of another development and
the failure of the irrigation system to be completed on time, he
suffered damage to his crops due to a lack of irrigation water.
Additionally, the developer, who was to install the system for the
delivery of irrigation water in accordance with specific
requirements, attempted to cover the system before it was
FINDINGS CF FACT AND CONCLUSIONS of LAW -~ Page 29.
P.N.E./EDM4NDS' CDNSTRUCTIaN
inspected. An inspection was made of the system. However, if the
inspection had not been made, the system would have been installed
improperly. Based upon his experiences, he specifically requests
that Nampa & Meridian Irrigation District, the City Engineer and he
have the opportunity to examine and approve the installation of the
irrigation water delivery system. There were problems created with
the delivery of irrigation water with the development of the
property where Fred Meyer is located, which he understands was the
result of improper installation of that system. He understands
that his irrigation water delivery system should be depicted on the
plat for future reference in the event there is an issue of access
for the delivery of irrigation water, otherwise there should be a
recorded easement to avoid future problems concerning access to the
property in the event there is a problem with the irrigation
system. Livestock and children are not compatible. He
specifically requests the installation of a six foot high chain
link fence on the north side of the property, and the south side of
his property to prevent children and lags from entering upon his
property where livestock are pastured. He also requests the
erection of a fence between the property and his property to the
west, which he understands to be a requirement of the City.
37. In response to a question of Councilman Rountree, Mr.
Alleman testified he does not have any objections to the annexation
of the property as long as the Applicant complies with the imposed
requirements.
FINDINGS 4F FAGT AND CONCLUSIONS 4F LAW - Page 30.
P.N.E./EDMONDS' CONSTRUCTION
38. Dale Sharp testified at the May 6, 1997 hearing
substantially as follows. The Applicant has stated that it intends
to provide utility services across the private road known as
Wingate Lane. The agreement concerning the existence and use of
Wingate Lane has existed since 1913. Wingate Lane must be
maintained as a private road. The Ada County Highway District has
made some comments which concerns and affects Wingate Lane, far
which it has no legal basis. Addressing the issue of whether
Wingate Lane is a public road, Mr. Sharp read from a letter written
by his attorney as follows: "It appears evident that there is no
statutory basis pursuant to Idaho Code Section 40-2~2 and relevant
Idaho case law, including Cox ys. Cox, 84 Idaho 513, 373 P.2d 9~9
~196Z~, to support the idea that the proposed crossroad being
proposed to be built across the private road would in any way
satisfy the test for being a public road, so that unless the County
Highway District undertook some affirmative action to declare the
road a public and/or record some as a public road in compliance
with such statutes . Your private road . [ inaudible ~ based upon
the facts as represented to me it appears that there is no
satisfaction of statutory or criteria to declare the private road
a public road in any respect of the current." He wanted to raise
this point sa in the event the Applicant crosses Wingate Lane with
utilities, sewer or whatever, there cannot be access for
pedestrians, bicyclists or any other unauthorized user. There
exists a question of liability arising f ram an increase in traffic .
He requests that Wingate Lane be protected from such traffic, and
FINDINQS QF FACT AND CoNCLUSIQNS DF LAW - Page 31.
P.N.E./EDMONDS' CoNSTRUCTIflN
there be no public access on the road. The residents along Wingate
Lane need the construction of fences and a gate across the Nampa &
Meridian Irrigation District road, He has spoken with Bill Henson
from Nampa & Meridian Irrigation District who said the District
would be willing to work with the developer to construct a gate
across the District's road. As part of the approval of Packard
Subdivision No. 1, the Applicant was to build a lift station in
that subdivision development. However, it is now moving that lift
station to the property. The moving of the lift station from
Packard Subdivision No. 1 to the property renders null and void
Packard Subdivision No. 1 because the lift station has been
eliminated. With regard to the delivery of irrigation water, he
has a ditch that courses on the side of his property which comes in
behind the subdivision to the west of his property and services
property adjacent to Locust Grove. He also has a lateral which
courses on the east side of his property which goes down through
the Brown property, past Reichert's and Brown's subdivision and
services Alleman's property. The developer has stated that it will
the those ditches and assure the delivery of irrigation water. He
does not want construction workers or equipment on or using Wingate
Lane. Wingate Lane is a private lane, and the landowners along
Wingate Lane have collectively agreed that it will remain a private
lane. In the event the sewer service lines or utilities cross
Wingate Lane, he does not want such lines ar utilities to impede
access to Ustick Road, to the homes along Wingate Lane, or
otherwise inconvenience those who live along Wingate Lane, He
FINDINGS DF FAGT AND C~NCLUSIoNS ~F LAW - Page 32.
P.N.E./EDM(7NDS' CGNSTRUCTIGN
desires fences to protect livestock in the area, as well as,
barriers to prevent dumping of refuse and people entering upon his
and other owners' property. People throw their grass clippings
over the fence onto his property. Construction workers have
discarded rucks and cement on his and adjacent property, He
objects to the zoning of Packard Subdivision No. 2. He does not
think the development of the property is needed. Plenty of houses
exist and are available. The growth is not good for services the
City of Meridian provides, The schools are overly impacted by the
growth. The traffic an Locust Grove is a mess. The development of
the property will create more traffic on Locust Grove . With regard
to the sewer system with a lift station, as pointed out by Mr.
Smith at the hearing before the Planning and zoning Commission, the
Applicant Cannot develop the entire subdivision because a lift
station will not provide the necessary service. He thinks there
needs to be a more definite statement as to the development plans
far the property to avoid future changes in the plans and
development of the property. He is opposed to the application.
39, Dixie Roberts testified at the May 6, 1997 hearing
substantially as follows. She shares the concerns expressed by
others. Her main concern is the delivery of irrigation water,
Without irrigation water her land is worthless and she does not
want the delivery system changed. She does not want the pump
system installed. Her property is set up far regular flaw
irrigation. The use of Wingate Lane is also a concern to her. 2t
is a private lane, which the users have invested money for its
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33.
P.N.E./EDMONDS' CONSTRUCTION
maintenance. She dues not want other people having access to
Wingate Lane. Children also present a concern. She has livestock
on her property, which is in close proximity of the property. She
has a concern for the safety of the children. Her son attempted to
purchase from her a parcel of property, the size of which was less
than five acres , upon which he was to build a house . The Applicant
is now allowed to sell its property, which is adjacent to her
property, in parcels which are less than five acres. She does nat
know how this can occur. She is opposed to the application.
4~. Al Dauven testified at the May 6, 1997 hearing
substantially as follows . He lives kitty corner from the property .
The Applicant's representative stated that all the surrounding
property is zoned R-4. He does not know how all the surrounding
property can be zoned R-4 on the east and north sides of the
property when those properties are five acre parcels, The
development of the property as proposed will create lower income
hawses with a lot of children. His attorney says that if the
application is approved without certain conditions, the City of
Meridian is in jeopardy of lawsuits. The City of Meridian is not
providing for parks in the area of the property, A park does not
exist within a four mile radius of the property. Assuming that 95
houses are constructed on the property, many children will move
into this R-4 residential zone. There exists a five acre parcel
next to the property with a stream running through it. He has five
to eight horses pastured on his prvgerty. He is not willing to be
responsible for the children from the property who come onto his
FINDINGS of FACT AND CONCLUSIONS OF LAW - Page 34.
P.N.E./EDMONDS' CONSTRUCTION
property. One does not know what a horse or other animal may do.
The horse could charge a child and trample him or her. This issue
is a consideration to the approval of the application. He
acknowledges that his property is in the City of Meridian's Area of
City Impact, but the residents in this area need to be contacted
concerning development of the area. In the plans for the area,
there is a nice green path drawn across his property, the existence
of which he does not agree. No one has spoken with him about this
green path, and the City of Meridian has no right to place such
path on his property. The Planning and Zoning Commission is
nothing but a joke. Commissioners go to sleep during the
presentation of testimony and it ignores the facts. These issues
are considerations for this application. The prior subdivision
developments abutted property which was being farmed and no
livestock pastured on it. However, this property abuts land on
which livestock is pastured. He does not understand how the
Applicant could split and sell the Brawn house which is
approximately one-half acre in size, or haw the Applicant split and
sold the Borup house which is less than one-half acre in size.
These are issues which need to be addressed. He is not permitted
to split and sell a portion of his property, These issues need to
be addressed, and there must be consideration given to the
residents of the adjacent properties. The development of the
property impacts his life, but he is not impacting the Applicant's
development. The Applicant will make a profit by impacting him.
The property should be developed as the people want it developed.
FINDINGS OF FACT AND CQNCLUSIDNS OF LAW -~ Page 35.
P.N.E./EDMCNDS' CONSTRUCTION
f, 1~`
The children in the subdivisions are not supervised very well, and
they go onto adjacent properties and into the slough. There was an
incident earlier this year in which a three year old just about
drown in the ditch right-of-way just above the location of the
diversion for his ditch water. Had the child's father not been
there, the child would have drown « He is a Meridian businessman so
he likes the development, because the development provides him
business for me, but development needs to follow the applicable
rules.
41. Billy Jo Premoe testified at the May 6, 1997 hearing
substantially as follows. He wants to go on record as being in
opposition to the application and the development of the property.
His quality of life will Change if the proposed subdivision is
approved. He has lived in the area of the property for 14 years,
and he is probably one of the new residents in this area. He
appreciates the quality of life he has. When he purchased his
property on Wingate Laney he was assured that there would be no
mare building along Wingate Lane. The area is in agricultural use,
and he recognizes the area is changing. The majority of the
residents in the area desire to keep the area as it is and beg for
the considerations to their needs.
42. Mark Peterson testified at the May 6, 1997 hearing
substantially as follows. He wants to go on record as being in
opposition to the application and the proposed subdivision. His
property is adjacent to two sides of the proposed subdivision. He
too has livestock on his property, He emphasizes that if the
FINDINGS aF FACT AND CONCLUSIONS OF LAW - Page 36.
P.N.E./EDM4NDS' CaNSTRUCTIGN
application and proposed subdivision is approved, the residents of
the subdivision cannot have access to Wingate Lane. The
installation of a simple barricade is not sufficient to prevent
access to Wingate Lane. It is easy for children an bicycles or
people walking to go around such barricade and access Wingate Lane.
He is uncertain whether the Applicant has shown the surrounding
property owners a proper type of barricade which it proposes tv
prevent access to Wingate Lane.
43. Don Brian testified at the May 6, 1997 hearing
substantially as follows. He has two concerns with the application
and the proposed development of the property. His number one
concern is the increase of traffic to result from the development
of the property. If he does not leave his house before 7:00 a.m.,
he cannot get onto Locust Grave, because the traffic is bumper to
bumper all day long. With regard to the consideration of this
application, the City of Meridian has information concerning an Ada
County District traffic study and the results of the study which
date back to Qctober 1995 when this application was first before
the Planning and Zoning Commission. Ada County Highway District
determined that the proposed subdivision will generate
approximately 950 additional trips per day on Locust Grove Road.
This information dates back to January 1994. The Ada County
Highway District made a traffic count of 2,794 vehicles on Locust
Grove Road as of Dctober 2, 1996, and the vehicle trips per day on
Locust Grove Road were 10,026. Accordingly, a substantial
difference exists between the prior study of Ada County Highway
FINDINGS QF FACT AND CQNCLUSIQNS QF LAW ~- Page 37.
P.N.E./EDMQNDS' CDNSTRUCTIQN
District and the present traffic conditions concerning the traffic
impact from this proposed development of the property, He
acknowledges the position that the upkeep and development of the
roadways is the responsibility of the Ada County Highway District.
However, according to the Ada County Highway District, the
construction date for improving and widening Locust Grove Road is
in the year 2041, Consequently, the new subdivision developments
create an increase in traffic, but improvements to accommodate the
increase in the traffic will not occur until 2001 assuming the
Locust Grove Road project is not delayed. He wanted to bring up
this issue of increased traffic to determine whether other traffic
studies have been completed, what solutions exist to address the
traffic issue, and how it affects the approval of the application
and proposed subdivision on the property. His second concern
pertains to fencing and livestock. The issue of separation of the
rural and agricultural land with livestock, and the residential
land. He has first hand experience with the combination of the two
areas. The residents along ~Tingate Lane have horses, and there
needs to be fencing which separates the residents of the
subdivision and the livestock and prevents the residents from
entering upon the property where the livestock are pastured. The
residents in the developed subdivisions think they have a petting
zoo behind Fred Meyer. As a result he had to post his property.
As a condition of the approval of the annexation and the proposed
subdivision development, there should exist a requirement for a
FINDINGS of FACT AND C4NCLUSIaNS CF LAW ~ Page 3S.
P.N.E./EDMCNDS' CONSTRUCTION
separation between the residential area and the pastures for the
animals, such as a solid fence.
44. Floyd Reichert testified at the May G, 1997 hearing
substantially as follows. He wants to go on record as being in
favor of the application and the proposed subdivision. His
property is adjacent to the east side of the property by the old
Kirkpatrick property and Brown property on the north side. The
expressed concerns to the application and proposed subdivision can
probably be alleviated by tiling the irrigation ditches. When he
first purchased his property along Wingate Lane, he had difficulty
obtaining a building permit due to the access to his property. He
was given an easement far the access as part of the deed to his
property. Subsequently, the other residents along Wingate Lane
have had no problem receiving approval for the construction of
their houses, but now they desire to deny other people access to
Wingate Lane. He has a problem with the livestock of the residents
along Wingate Lane. The livestock go through the fences and rip up
his flower beds and yard. If one looks at the community's interest
as a whole, he believes the Applicant's development proposal is a
worth while project to address the traffic problems on Fairview,
Eagle Road and Locust Grove . The traffic on Ustick is bad and will
only get worse. It [Wingate Lane] should be used far access
through that mile section to eliminate some of the traffic
problems. With regard to utilities, the utilities are under it
Wingate Lane], sa public utilities lay in the right of way of
Wingate Lane.
FINDINGS DF FACT AND CgNCLUSI4NS DF LAW -- Page 39.
P.N.E./EDMQNDS' CQNSTRUCTION
j~ .._ .
~ ~ ~ I
45. Helen Sharp testified at the May 6, 1997 hearing
substantially as follows. The ordinances must be observed and
followed. She has been advised that a buffer zone between Ada
County and Meridian exists, and this buffer zone is located in the
area where she lives on Wingate Lane. As a resident on Wingate
Lane she desires the buffer zone to continue, and she, therefore,
opposes the proposed zoning change. With regard to the applicable
ordinances, Mr. and Mrs. Kirkpatrick requested to split off one
acre of their property because of the work required to maintain it .
They were not allowed to split their property because of the buffer
zone. As a result, they were not able to do what they desired and
had to sell all their property. She realizes that comprehensive
plans are created and every time something is rezoned it is
changed, but such changes occur when requested by a few people at
the expense of those opposed. At one corner of the property or
section is a large farm and a church. At the opposite corner of
the property on Locust Grove and Ustick is 24 acres of farm land,
the owner of which does not propose to sell it or have it
developed. She owns five acres in the area of the property, and
has lived there since 1968 with the idea that one cannot split the
property. Portions of the property have been split and sold by the
Applicant. The splitting of the property is prohibited by
ordinance, so does one abide by the ordinance or does the one with
the loudest voice, such as a developer, get what is desired
contrary to the ordinance. With regard to lift stations, are lift
stations appropriate for the City of Meridian? If [gravity] sewer
FINDINGS GF FACT AND CONCLUSIONS OF LAW - Page 44.
P.N.E./EDMONDS' CONSTRUCTION
is not available, the developer and the development of the property
should wait until it is available . She recognizes that the City of
Meridian and the entire Treasure Valley is experiencing tremendous
growth. She believes more planning is needed. Development of
property for the sake of development is not an answer. Livestock
do occasionally escape from their pasture. She has presented
pictures of the area in which the property is located, and she
prefers the rural type of area rather than a mass of houses.
According to realtors she has spoken with, there presently exists
an abundance of houses, which does not include the houses to be
constructed. Presently, there exists over 6~0 vacant and available
houses. She believes there is no demand for the construction of
additional houses. Maybe such demand will occur in the future and
it is at that time she may be willing to give up her five acres for
development. Potential buyers of houses in the proposed
subdivision need to be advised of the lift station and the monthly
or quarterly charge for the operation of the lift station.
Further, when the gravity] sewer is available the lift station
will be eliminated and the residents will have to connect to the
sewer. With regard to the requirement of connecting to the sewer
system, the proposed development would bring the sewer within 3~4
feet of her property which may create the requirement to connect
her property to the sewer system. The City Engineer attempted to
advise the Planning and Zoning Commission that the issues
concerning the sewer were not resolved, yet it was passed onto the
City Council with the idea that the City Council would decide what
FINDINGS of FACT AND CONCLUSIONS of LAW - Page 41,
P.N.E./EDMONDS' CoNSTRUCTICN
}....
f
needs to be done . Additionally, Mr . and Mrs . Premoe tried to build
a 2Q x 44 shop on their property, but they were unable to because
the size of their property was less than five acres. She
recognizes that Wingate Lane is to have only four houses
constructed along it, but there are many more houses. However, if
a developer can rezone property and build upon it, property owners
should be able to build a shop on their property.
4~. The Applicant's representative, Pat Tealey, responded to
the comments of the public at the May 6 , 19 9 7 hearing substantially
as follows. The sensitive issue appears to be Wingate Lane. The
Applicant proposes no access to Wingate Lane whatsoever from the
proposed subdivision. The Applicant awns the property an which
Wingate Lane runs, and the residents along Wingate Lane have an
easement far access. The Applicant will enter into a development
agreement which will address many of the expressed concerns, such
as fencing and irrigation issues. The Applicant will fence the
entire property as part of the proposed subdivision. As the phases
of the proposed subdivision are approved and built, the Applicant
will provide for delivery of irrigation water to each parcel of
property that receives irrigation through the ditch on the
property. The Applicant will pipe the irrigation water, and will
provide an easement for that pipe in the recorded subdivision plat
on each phase. Wingate Lane will remain private with no access
from the proposed subdivision. There was some mention of the Ada
County Highway District traffic study. The Applicant conferred
with the Ada County Highway District two months ago. Ada County
FINDINGS CF FACT AND CnNCLUSIDNS CF LAW - Page 42.
P.N.E./EDMONDS' CONSTRUCTION
Highway District advised the Applicant that a new traffic study is
not needed, and that they have updated figures concerning traffic.
The information and data supplied as part of the traffic study have
not changed. The updated traffic figures from Ada County Highway
District showed that the level of service for Eagle Road and Locust
Grove Road will not suffer. These studies are not the Applicant's
studies, but studies of the Ada County Highway District. The
commuter traffic will shift from Locust Grove as a result of the
construction of Hickory, which is a collector road that ends in the
middle of the subdivision. Mr. Alleman alluded to the delivery of
irrigation water and the problems that he has had with developers
in the past. The Applicant will sign a development agreement
guaranteeing him access to his irrigation water and that the
Applicant shall provide easements through the plats as the
subdivision phases are developed. The period for construction will
be such to avoid interruption to the delivery of irrigation water.
With regard to the traffic problems an Locust Grove, Ustick and
surrounding roads, each of the lots in the subdivision will be
assessed an impact fee to fund the construction of improvements on
these surrounding roads to improve the flow traffic.
47. In response to questions of Councilman Morrow, Gary
Smith, the City Engineer, commented substantially as follows. 4n
ar about April 5th he received some prints for the sewer system
for the development of the property from engineer David Marks of
Tealey's Land Surveying. Gn these prints, Mr. Marks outlined the
revised location of a lift station tv the northwest corner of
FINDINGS DF FACT AND CoNCLUSIDNS GF LAW -- Page 43.
P.N.E./EDMONDS' CCNSTRUCTICN
~ .. F,:
Packard Subdivision No. ~ from the northwest corner of Packard
Subdivision No. 1. The relocation of the lift station would
require the installation of some eight inch diameter lines from the
northwest corner of Packard Subdivision No. 1 to the location of
the lift station. The sewage then from Packard Subdivision No. 1,
the proposed Packard Subdivision No. 2 and the proposed elementary
school site to the east of Packard Subdivision No. 1 would flow to
the northwest corner of the proposed Packard Subdivision No. ~.
The sewage would then be pumped into Chamberlain Estates
Subdivision which would then gravity flow into the south slough
that has been built. This sewer system plan and the flaw of the
sewage is referred to by the Applicant as option ~. Option 1,
which is Shawn on the [original] plan, provides far the sewer to
crass Vern Alleman's property with a gravity sewer interceptor line
which is an extension of the south slough. The Applicant has
spoken with Mr. Alleman over the past several years concerning an
easement for the sewer line, Mr. Alleman has offered to discuss
the grant of the easement subject to approximately 19 different
conditions. These conditions were set forth in writing in a letter
to the Applicant, a copy of which he received from Mr. Tealey for
his file. At this point in time, Mr. Alleman has not consented to
an easement for a gravity sewer line. However, he has spoken with
Mr. Alleman recently, and he does not believe that the grant of the
easement presents an insurmountable situation. However, there
exist two proposals for sewering the property. The gravity sewer
line to the lift station in the narthw~st corner of the proposed
FINDINGS 4F FACT AND CaNCLUSIDNS DF LAw -~ Page 44.
P.N.E./EDMaNDS' CQNSTRUCTICN
Packard Subdivision No. 2 is less than the minimum grade for an
eight inch sewer line. There is approximately 1,500 feet of line
that would be at 3110 percent slope. Mr. Marks from Tealey's Land
Surveying said this grade could be increased by raising the
elevation of the sewer line in Packard Subdivision No. 1. He does
not know to what extent, but there apparently exists an option to
increase the grade of the sewer line in Packard Subdivision No. 1.
He does not think this is a significant problem. He [Mr. Marks
has estimated the velocities in the lengths of sewer lines at 3110
percent slope at about one and one--half feet per second. This
velocity is slightly less than the two feet per second minimum at
which was looked for in an eight inch line. It appears that the
sewer lines will be less than 4 / 10 percent even if the lift station
is not constructed. However, these details need to be worked out.
The one positive point of the relocation of the lift station from
Packard Subdivision No. 1 to Packard Subdivision No. ~ is that the
sewage will be pumped into the service area for the south slough.
In Packard Subdivision No. 1, the sewage was pumped into another
service area which is not the drainage area for Packard Subdivision
No.1. The relocation of the lift station places the sewage into
the south slough drainage basin.
48. In response to a further question of Councilman Marrow,
Gary Smith, commented substantially as follows. The resolution for
the sewering of the property is not a detailed resolution.
However, he thinks there are two viable alternatives. one
alternative would require the agreement of an adjacent property
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- Page 45.
P.N.E./EDMONDS' CONSTRUCTION
I,,.. F:-
owner for the grant of an easement for the sewer line. He does not
think the grant of this easement presents an insurmountable
situation, but it comes to the negotiations between the Applicant
and Mr. Alleman. The other alternative is the installation of a
lift station, which, from an engineering standpoint, is possible.
He has nat seen any details of what will occur in Packard
Subdivision No. 1 as compared to that which has been approved and
that which is presently under construction. He assumes that the
Applicant is able to connect to the facilities being constructed in
Packard Subdivision No. 1, and extend the sewer line to the north
and to the west to extend the sewer lines to the northwest Garner
of proposed Packard Subdivision No. 2.
49. In respanse to questions of Councilman Morrow, Shari
Stiles, the Planning and Zoning Administrator, commented
substantially as follows. She has received notarized consents to
the application from property owners whose property is included as
part of the application.
54. In response to a question from Mayor Corrie, Gary Smith,
the City Engineer, stated that the lift station is an interim lift
station.
51. With regard to the map of the proposed lift station and
its presentation, the Applicant's representative, Pat Tealey,
testified substantially as follows. The map depicts the location
of Packard Subdivision No. 1 and the lift station in the
subdivision, which is presently an approved temporary lift station
right now in this position. With regard to Packard Subdivision No.
FINDINGS nF FACT AND C4NCLUSIaNS OF LAW -Page 46.
P.N.E./EDMUNDS' CDNSTRUCTIDN
~,...... j+,:
2, if the property is annexed and Packard Subdivision No. ~ is
approved, the lift station will be moved to the area depicted an
the map. The map depicts the area in which the south slough is
located and the location of the last manhole of the south slough.
There is 23~ feet between the last manhole of the south slough and
the Applicant's property. If the Applicant is granted an easement,
which is option number 1, the Applicant will construct and install
a gravity flow sewer line f or the sewage to f low into the south
slough and eliminate all of the lift stations . I f the Applicant
cannot come to an agreement with Mr. Alleman, it proposes locating
the lift station to a location depicted an the map until Mr.
Alleman sells his land, develops it himself, or the City of
Meridian obtains same type of easement for construction of the
south slough sewer interceptor. At such time the lift station will
be eliminated, and the sewer system flows by gravity to the south
slough interceptor. The 40 acres as depicted is Packard
Subdivision No. 1, and to the east is the new elementary school
which will receive sewer service through Packard Subdivision No. 1.
The sewage would eventually flow into the south slough.
52. In response to questions of Councilman Morrow, the
Applicant's representative, Pat Tealey, testified substantially as
follows. The elevation of the sewer in Packard Subdivision No. l
can still be raised. The Applicant has not yet commenced
construction of the sewer. The Applicant has had a pre-
construction meeting. When it first proposed Packard Subdivision
No. 1, the Applicant designed the sewer to provide ample coverage
FINDINGS CF FACT AND CONCLUSIONS of LAW ~ Page 47,
P.N.E./EDMCNDS' CaNSTRUCTION
of what would be developed in the southeast corner. The Applicant
can raise the depth of the sewer lines a little bit in order to
provide the necessary sewer flows and velocities far the flow of
sewage into the south slough. As Mr. Smith stated, the velocity in
the eight inch sewer line is just a little under what is needed to
make it flow. It will flow but not at a sufficient velocity, which
will cause more maintenance of the sewer line than would be
required for a sewer at 4/lo percent slope. The Applicant can
alleviate that problem by raising the level of the sewer in Packard
Subdivision No. 1. As he previously stated, the Applicant is
waiting to commence construction of Packard Subdivision Na. l until
it determines whether it has a project on the property. The sewer
in Packard Subdivision Na. 1 was not only for that property, but
also far the school district. So, the Applicant kept the depth of
the sewer line as low as it could. The raising of the sewer line
to facilitate gravity flow does not include the school district.
The raising of the sewer line elevation possibly removes the little
bit of safety margin that would typically exist. There needs to be
some flexibility in where the school is placed on the site, its
height, or the amount of fill put on the site for the school.
53. In response to a question from Councilman Corrie, Gary
Smith, the City Engineer, stated that the flow of the sewage into
the south slough from Packard Subdivision No. 1 and Packard
Subdivision No. 2 is the proper direction.
54. In response to a question from Councilman Rountree, the
Applicant's representative, Pat Tealey, testified that the
FINDINGS DF FACT AND CONCLUSIONS OF LAW - Page 48.
P.N.E./EDMDNDS' CONSTRUCTION
Applicant had reviewed and is in general agreement with the
Findings of Fact and Conclusions of Law adopted and approved by the
Planning and Zoning Commission.
55. There were no other comments by the public regarding this
application,
56. The property is adjacent and abutting the present city
limits of the City of Meridian.
57. The Applicant is the owner of the majority of the
property which is the subject of this application, Robert Cassell
and Willa J. Cassell are the record owners of a portion of the
property which is the subject of this application. Robert Cassell
and Willa J. Cassell have consented to this application of the
Applicant, have consented to be bound by the Findings of Fact and
Conclusions of Law approved and adopted fvr this application, have
consented to be bound by the ordinance annexing their property into
the City of Meridian, if annexed, and have agreed to pay any and
all applicable fees associated with the annexation of the property.
Robert E . Coburn and Michelle L. Chesworth are the record owners of
a portion of the property which is the subject of this application.
Robert E. Coburn and Michelle L. Chesworth have consented to this
application of the Applicant, have consented to be bound by the
Findings of Fact and Conclusions of Law approved and adopted far
this application, have consented to be bound by the ordinance
annexing their property into the City of Meridian, if annexed, and
have agreed to pay any and all applicable fees associated with the
annexation of the property.
FINDINGS QF FACT AND CQNCLUSIONS QF LAW - Page 49.
P.N.E./EDMUNDS' CQNSTRUCTI4N
5$. The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
59. The entire parcel of the property is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
60. The property is in an area designated on the Generalized
Use Map of the Meridian Comprehensive Plan as a single family
residential area. In the Comprehensive Plan property inside the
Urban Service Planning Area may be developed at greater densities
than one dwelling unit per acre.
61. In the Meridian Comprehensive Plan under LAND USEr Rural
Areas, Section 6.3 provides that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided. See CgMPREHENSIVE PLAN CITY qF MERIDIAN at page 29.
62. The City of Meridian has, and is, experiencing a
population increase. There exist pressures an land previously used
for agricultural uses to be developed into residential subdivision
lots.
63. The property can be physically serviced with City of
Meridian water and sewer if the Applicant extends the lines, and
constructs and installs the necessary equipment and facilities.
64. The R-4, Low Density Residential District is described in
the Zoning and Development ordinance, 11-~-40~ B. 3 as follows:
~R-4} L_ow Density Residentia„1 District: only single-
family dwellings shall be permitted and no conditional
uses shall be permitted except for Planned Residential
Development and. public schools. The purpose of the ~ r-4 }
District is to permit the establishment of low density
FINDINGS nF FACT AND CgNCLUSIgNS qF LAW -- Page 50.
P.N.E./EDMgNDS' CoNSTRUCTIgN
~ r ~.
single-family dwellings, and to delineate those areas
where predominately residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The ~R-4~ District allows for a
maximum of four ~4~ dwelling units per acre and requires
connection to the Municipal Water and Sewer System of the
City of Meridian.
65. Pursuant to the Zoning and Development Ordinance, 11-2-
41l D l., all new single-family detached housing in the ~R-4~ Low
Density Residential District shall be constructed to contain at
least 1,400 square feet of living space of which the garage is not
included in determining the square footage of living space.
66. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, "~. RESIDENTIAL POLICIES 2.1U
Support a variety of residential categories turban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums etc. for the purpose of providing the City with a
range of affordable housing opportunities." COMPREHENSIVE PLAN
CITY OF MERIDIAN at page Z3.
G 7 . The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.:
Within the Urban Service Planning Area development may
occur in densities as low as 3 dwellings units per acre
if physical connection is made tv existing City of
Meridian water and sewer service and the property is
platted and subdivided in accordance with Ada County
Zoning and Subdivision Ordinances Policy. Development
density below three dwelling units per acre may be
allowed by conditional use permit if a cost/benefit
analysis indicates positive impacts to the City of
Meridian.
COMPREHENSIVE FLAN CITY OF MERIDIAN at page Z9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 51.
P.N.E./EDMONDS' CONSTRUCTION
~,...
68 . The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
Residential development is allowed in the rural areas
provided that said development does not exceed the Rural
Residential Agricultural density, unless it is inside the
Urban Service Planning Area and City sewer and water is
provided, when Low, Medium and High density residential
may be considered. All residential development must also
comply with the other appropriate sections of this plan.
COMPREHENSIVE PLAN CITY of MERIDIAN at page 30.
69. The following pertinent statements are made in the
Meridian Comprehensive Plan under HOUSING, Housing Policies:
1.1 The City of Meridian intends to provide for a wide
diversity of housing types single-family, modular,
mobile homes and multi-family arrangements and choices
between ownership and rental dwelling units for all
income groups in a variety of locations suitable for
residential development.
****
l.3 An open housing market for all persons, regardless
of race, sex, age, religion or ethnic background, shall
be encouraged.
l.4 The development of housing for all income groups
close to employment and shopping centers should be
encouraged.
COMPREHENSIVE PLAN CITY DF MERIDIAN at page 67.
74. The City of Meridian has experienced an influx in its
population which influx is reasonably anticipated to continue. The
property borders upon city limits of the City of Meridian, and
economic conditions are making the continuation of farming in the
area difficult.
71. With regard to this application, Planning and Zoning
Administrator, Shari Stiles, made specific comments concerning the
FINDINGS of FACT AND CQNCLUSI4NS of LAW - Page 52.
P.N.E./EDMONDS' CONSTRUCTION
need of parks in the area of the property, the lack of capacity in
the area schools and that the annexation should be conditioned upon
a development agreement.
72. In 1992, the Idaho State Legislature passed amendments to
the Local Planning Act, which included amending Idaho Code Section
67-6513. Section 67~-6513 provides in part:
Each such ordinance may provide for mitigation of the
effects of subdivision development an the ability of
political subdivisions of the state, including school
districts, to deliver services without compromising
quality of service, delivery to current residents. or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
73. The City of Meridian is concerned with the increase in
its papulation, and the impact such increase has upon its ability
to provide fire, police, emergency health care, water, sewer, parks
and recreation services to its current residents and to those
moving into the City of Meridian. The City of Meridian is further
concerned about the impact and burden placed upon the schools of
Meridian School District No. 2 resulting from the influx of its
population. The City of Meridian knows the increase in population
does not sufficiently increase the tax base to offset the casts of
providing fire, police, emergency health care, water, sewer, and
parks and recreation services. The City of Meridian further knows
the increase in papulation does not provide sufficient tax base to
provide for school services to current and future students.
74. Pursuant to the instruction, guidance and direction of
the Idaho State Legislature, the City of Meridian may impose either
a development fee or a transfer fee an residential property, which,
FINDINGS CF FACT AND CONCLUSIONS OF LAW ~- Page 53.
P.N.E./EDMONDS' CONSTRUCTION
if possible, would be retroactive to apply to all residential lots
in the City because of the imperilment to the health, welfare and
safety of its citizens .
75. Section 11-9-605 C of the Zoning and Development
Ordinance provides, "Right-of-way for pedestrian walkways in the
middle of the long blacks may be required where necessary to obtain
convenient pedestrian circulation to schools, parks or shopping
area; the pedestrian easement shall be at least ten feet ~l0'~
wide . "
76. Section 11-9-645 G of the Zoning and Development
ordinance provides in part;
Planting strips . shall conform to the following:
1. Plantin Stri s - Planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
to screen the view from residential properties.
Such screening shall be a minimum of twenty feet
~ 2 ~' } wide, and shall not be a part of the normal
street right of way ar utility easement; . . .
77. Section 11-9-605 H of the Zoning and Development
ordinance provides in part;
Public sites and open spaces shall conform to the
fallowing:
****
1. Natural Features - Existing natural features which
add value to residential development and enhance
the attractiveness of the community such as trees,
watercourses, historic spots and similar
irreplaceable amenities shall be preserved in the
design of the subdivision;
78. Section 11~-9-6q5 ~ of the Zoning and Development
ordinance provides;
FINDINGS GF FACT AND CONCLUSIGNS DF LAW - Page 54.
P.N.E./EDM4NDS' CONSTRUCTIGN
The extent and location of lands designed for linear open
space corridars should be determined largely by natural
features and, to a lesser extent, by man-made features
such as utility easements, transportation rights of way
ar water rights of way. Landscaping, screening or lineal
open space corridors may be required for the protection
of residential properties from adjacent arterial streets,
waterways, railroad rights of way or other features. As
improved areas landscaped}, semi-improved areas ~a
landscaped pathway only}, or unimproved areas cleft in a
natural state}, linear open space corridors serve:
1. To preserve openness;
Z. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural values, especially waterways, drainageways
and natural habitat;
4. To buffer more intensive adjacent urban land uses;
5 . To enhance local identification within the area due
to the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities,
Subdivision plats or development plans shall show the
location of any lineal open space corridors.
79. Section 11-9-605 L of the Zoning and Development
Ordinance provides:
Bicycle and pedestrian pathways shall be encouraged
within new developments as part of the public right of
way or as separate easements so that an alternate
transportatian system which is distinct and separate
from the automobiles } can be provided throughout the City
Urban Service Planning Area, The Commission and Council
shall consider the Bic cle-Pedestrian Desi n Manual for
Ada Count has prepared by Ada county sic] Highway
District} when reviewing bicycle and pedestrian pathway
provisions within developments.
80. Section 11-9-605 M of the Zoning and Development
Ordinance provides in part:
FINDINGS OF FACT AND CONCLUSIONS aF LAW -~ Page 55,
P,N.E,/EDM4NDS' CONSTRUCTION
All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying
adjacent and contiguous, or which canals, ditches or
laterals touch either or both sides of the area being
subdivided, shall be covered and enclosed with tiling or
other covering equivalent in ability to detour access to
said ditch, lateral or canal.
81. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
C4NCLUS I DNS t~F LAW
1. All the procedural requirements of the Local Planning Act
and of the ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicants' property.
2. The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section 11-2-417 of the Revised
and Compiled ordinances of the City of Meridian. The exercise of
the City's annexation authority is a legislative function.
3. The City Council of the City of Meridian has judged this
annexation and coning application under Idaho Code~Section 50-222,
Title 67, Chapter 65, Idaho Cvde, Meridian City ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4. There has been compliance with all notice and hearing
requirements set forth in Title 67, Chapter 65, Idaho Code, and the
ordinances of the City of Meridian.
FINDINGS CF FACT AND CaNCLUSICNS OF LAW - Page 56.
P.N.E./EDMaNDS' CoNSTRUCTI4N
5. The City Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. Since the annexation and zoning of land is a legislative
function, the City has authority to place conditions upon the
annexation of land. See Burt ys . ,The C,i,ty, ,,,of 2daho ,Falls, 105
Idaho 65, 665 P2d. 1075 (1983).
9. The development of the annexed land, if annexed, shall
meet and comply with the ordinances of the City of Meridian
including, but not limited to: Section 11-~9~-616 which pertains to
development time schedules and requirements; Section 11~-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
l0. The development of the property shall be subject to and
controlled by the Zoning and Development ordinance of the City of
Meridian.
11. Section 11-2-417 D of the Zoning and Development
Ordinance provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
FINDINGS QF FACT AND CQNCLUSI4NS of LAW - Page 57.
P.N.E./EDMONDS' CoNSTRUCTI4N
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate to enter into
a development agreement far the development of the property, and
therefore as a condition of annexation a development agreement must
be entered into prior to development of the property or issuance of
final plat approval.
12 . As a condition of annexation and the zoning of ~ R-4 ~ Low
Density Residential District, the Applicant shall enter into a
development agreement as authorized by 11-2-416 L and 11--2-417 D.
The development agreement shall address, but not limited to, the
following matters:
a. Inclusion into the development the requirements of
ll--~-605;
b. Payment by the Applicant, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
c. Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d. An impact f ee, ar fees for fire, police, emergency
health care , water, sewer, and parks and recreation
services as determined by the City;
e. Appropriate berming and landscaping;
f. Submission and approval of any required plats;
g. Submission and approval of individual building,
drainage, lighting, parking, and other
development al plans of the property;
FINDINGS 4F FACT AND CONCLUSIONS 4F LAW ~- Page 58.
P.N.E./EDM4NDS' CONSTRUCTION
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Addressing and complying with the present comments
of and the comments hereafter made by the Planning
and Zoning Administrator;
j. Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the City Engineer and the
Assistant to the City Engineer;
k. Addressing and complying with the comments and
requirements of the Ada County Highway District;
1. Addressing and complying with the comments and
requirements of other governmental agencies
submitting comments;
m. Addressing the sewer and water requirements,
specifically including a resolution to the physical
means of providing sewer service to the property by
either:
~1~ A grant of an
adjacent parcel
construction,
maintenance of
interceptor line
south slough sewE
easement through an
of property for the
installation and
a gravity sewer
as an extension of the
'r trunk line, or
~2~ The construction, installation and
maintenance of a temporary lift station
on the property at the location as
represented by the Applicant's
representative, and the construction of
the sewer in Packard Subdivision Na . 1 to
provide the necessary flaw velocity of
sewage to accommodate sewer service for
the property and elementary school site
adjacent to the property;
n. Traffic plans and access into and out of any
development, specifically including protecting the
integrity of Wingate Lane as a private road and
protecting it from unauthorized use, and erecting
appropriate signage to designate Wingate Lane as a
private lane with no access to or from the
property;
FINDINGS OF FACT AND CONCLUSIONS aF LAW' ~ Page 59.
P.N.E./EDMONDS' CONSTRUCTION
o. Erection or construction of non-combustible fencing
around the property to prated the integrity of the
surrounding adjacent properties, specifically
including the area along Wingate Lane, as rural and
agricultural in nature, and to provide a buffer
between said surrounding adjacent property and the
property; and
p. Any other items o~r matters deemed necessary by the
City Staff, including design review of all
development, and conditional use processing.
13, As the property is in an area marked as a single family
residential area, the annexation and zoning application is in
conformance with the Rural Area policies.
14. The development of the property as an ~R-4~ Low Density
Residential District, as requested by the Applicant, would be
compatible to the development in the surrounding area.
15. It is therefore concluded that the annexing and zoning of
the property is in the best interest of the City of Meridian, and
it is concluded that the annexation shall be conditioned upon
meeting the requirements of these Amended Findings of Fact and
Conclusions of Law and if they are not met the land may be de-
annexed.
16. The requirements of the Meridian City Engineer, Meridian
Planning and Zoning Administrator, Ada County Highway District,
Central District Health Department, the Nampa & Meridian Irrigation
District and other governmental agencies shall be met and, if
necessary, addressed in a development agreement.
17. All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled., the property shall be
subject to de-annexation. As further conditions of annexation, the
FINDINGS OF FACT AND C~NCLUSI~NS 4F LAW - Page 60.
P.N.E./EDMCNDS' CCNSTRUCTInN
Applicant shall not cause the interruption or disruption of the
delivery of irrigation water to property which receives irrigation
water through ditches, canals and waterways coursing through the
property during the designated irrigation season; the Applicant
shall maintain, including cleaning an a regular basis, the ditches,
canals and waterways coursing through the property so as to permit
the free and proper flow of irrigation water through said ditches,
cd'~T'Ta~l~ Cx.nd ~t~.t~~r-nlay~u" ~ tii~ App~i~#~Iat ~ii~x~ .~ p~.an, c:~1~iC~`ic~ acid
perform the construct.~o~~ and w~ork of tiling the ditches, canals and
waterways on the p:~oper~ty outside the designated irrigation season
so as to avoid the .interruption or dis.~~~lpt~.o~~ of the delivery of
~..rrigatian water to property which reee~.ves irrigation water
through di~~ches, ca~~a:~s and waterways cuursing through the
prc~pert~r; and the Applicant mdy meet the requirement of tiling the
ditches, y;anals atad wa*er~vays coursing through the pre~perty in
stages, or phases o:~ its development of the propertyr provided,
however, in the e~Tent the Applicant causes, whether directly or
indirectly, an interruption or disruption of the delivery of~
irx~igat.ion water to property whi :h receives irr? gation water
through ditches, canals and waterways coursing through the property
durx.ng the designated irrigation season, or the Applicant fails to
maintain, including cleaning aia a regular basis, the ditches,
ca~.als and waterwa~~s coursing through the property so as to impede
~Ghe free and prape~r flow of irrigation ~vater through said ditches,
c~.nals and waterways, the Applicant shall be required to and shall
in2mediately ca~sse all ditches, canals al~d waterways coursing
F~:~VDINGS OF FAST AaND CONCLUSIQNS QF LAw ~- Page 61.
F.N.E. /EDMQNDS' ~UNST~UG"TI01'~
Applicant shall not cause the interruption ar disruption of the
delivery of irrigatian water to property which receives irrigation
water through ditches, ,canals and waterways coursing through the
property during the designated irrigation season; the Applicant
shall maintain, including cleaning on a regular basis, the ditches,
canals and waterways coursing through the property so as to permit
the free and proper flow of irrigation water through said ditches,
canals and waterways; the Applicant shall plan, commence and
perform the construction and work of tiling the ditches, canals and
waterways on the property outside the designated irrigation season
so as to avoid the interruption or disruption of the delivery of
irrigation water to property which receives irrigation water
through ditches, canals and waterways coursing through the
property; and the Applicant may meet the requirement of tiling the
ditches, canals and waterways coursing through the property in
stages or phases of its development of the property; provided,
however, in the event the Applicant causes, whether directly or
indirectly, an interruption or disruption of the delivery of
irrigation water to property which receives irrigation water
through ditches, canals and waterways coursing through the property
during the designated irrigation season, or the Applicant fails to
maintain, including cleaning on a regular basis, the ditches,
canals and waterways coursing through the property so as to impede
the free and proper flow of irrigation water through said ditches,
canals and waterways, the Applicant shall be required to and shall
immediately cause all ditches, canals and waterways coursing
FINDINGS DF FACT AND CONCLUSIONS OF LAS - Page G1.
P.N.E./EDMDNDS' CONSTRUCTION
~~ 4 ,....
through the property to be tiled. If the Applicant fails to meet
said further conditions of annexation, the property shall be
subject to de-annexation.
18. Pressurized irrigation shall be installed and
constructed, and if not so done the property shall be subject to
de-annexation.
19. The Applicant shall be required to connect the property
to Meridian water and sewer, extend the water and sewer lines to
serve the property, and resolve how the water and sewer mains will
serve the property, all of which shall be at the Applicant's, or
its successor's, or successors' cost and expense. Said water and
sewer requirements shall be performed on or before the time that
the Applicant or its successor, or successors, desire to use the
property or place a user on the property.
20. These conditions shall run with the land and bind the
Applicant and its successors in interest, assigns, heirs, executors
or personal representatives.
21. With compliance of the conditions and requirements
contained herein, the annexation and zoning of the property as ~R=~
4~ Low Density Residential District would be in the best interest
of the City of Meridian .
22. If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de-annexed.
FINDINGS of FACT AND CGNCLUSICNS of LAW - Page 62.
P,N.E./EDM4NDS' CCNSTRUCTICN
APPROVAL OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The City Council af, the City of Meridian hereby adopts and
approves these Amended Findings of Fact and Conclusions of Law.
RozL cALz
COMMISSIONER MORROW VOTED
COMMISSIONER BENTLEY VOTED ~?
COMMISSIONER ROUNTREE VOTED ~-
COMMISSIONER TOLSMA VOTED -~° ~"
MAYOR CORRIE TIE BREAKER VOTED ~--
~ ~
DECISION
The City Council of City of Meridian hereby decides that the
property set forth in the application be approved far annexation
and zoning under the conditions set forth in these Amended Findings
of Fact and Conclusions of Law, including that the Applicant or its
successors in interest, assigns, heirs, executors or personal
representatives enter into a development agreement; that if the
Applicant is not agreeable with these Amended Findings of Fact and
Conclusions of Law and are not agreeable with entering into a
development agreement, the property should not be annexed.
MOTION:
APPROVED : ~t-~,~"~ DISAPPROVED
~_~~
FINDINGS of FACT AND CONCLUSIONS of LAW ~ Page 63.
P.N.E./EDMONDS' CONSTRUCTION
MERIDIAN CITY COUNCIL MAY 20 1997
The special meeting of the Meridian city Council was called to order by Council
President Walt Morrow at B: g4 P. M,
MEMBERS PRESENT. Charlie Rountree, Glenn Bentley, Ron Tolsma:
OTHERS PRESENT: Vlrayne Crookston, Will Berg, Gary Smith, Shari Stiles, Bab
McQuade, Pam V1leinberg:
Morrow: Meridian City Council will go into Executive Session as per State code for
pending litigation, personnel matters, possible real estate purchases and at conclusion
of that shall hear a presentation by Healthwise Community project. Is there a motion to
go into Executive Session?
Rountree: So moved
Bentley: Second
Morrow. It has been moved and seconded to go into Executive Session, all those in
favor? Opposed?
MOTION CARRIED: All Yea
EXECUTIVE SESSION
Marrow: Okay, we need a motion to come back out of Executive Session.
Rountree: So moved
Bentley: Second
Morrow: It has been moved and seconded to came back out of Executive Session, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Marrow Next item on the agenda for the special meeting was we will have a
presentation, we will actually have two presentations. One will be made by Bab
McQuade, so Bob would you came forward please and make your presentation to the
council.
McQuade: Members of the council my name is Bob McQuade I am the assessor here
in Ada County. We are going to be sending out our assessment notices very soap sa I
thought I would come over and give you a brief update. I know that when we sent our
assessment notices out that it is not uncommon far you to be getting calls from your
~. ~_
Meridian City Council
Special Meeting
May 20, 1997
Page 2
constituents. Sa I thought I would give you a little bit of information that will make those
calls a little bit easier far you. Also the way we have calculated the construction roll this
year is different from fast year. It is going to have a significant impact an the budgeting
that is going to be going on the next few months far the 9198 fiscal year, I want to talk
about that. This week we are going to be sending out 128, D00 assessment notices,
12,660 of those are going to be property owners of property here in Meridian. The total
assessed value here in Meridian this year is $926,006,060. Last year was
X162,666,006. So there is a 21 °/o increase in fatal market value far Meridian this year,
Ta}king about the new construction roll, this is very important. In 1995 the legislature
passed the property tax bill that effectively constrains property taxes to .8°~a plus new
construction. Last year new construction was the sum of all of the building permits.
New construction in Meridian last year was $141.2 million. Effective this year because
of the billed new construction was amounted to the assessed value of new construction,
Commercial remodel and any changes in land value. Using that formula the new
construction roll this year is $94.8 million. lr~ other words yvu will have your 3°/~ cap
plus the $94.8 million to establish your levy. That is a 31°lo decrease over last years new
construction roll. It is very important to keep in mind that your total market value is up,
when I say total market value that included the new construction. vllhat is driving this
big difference first of all building permits da not take into cansideratian the hor~eawners
exemption. So if you had a ~160,606 improvement last year you had the full $160,606 in
calculated in a growth component in your budget. This year you just get the $50,006.
Remodeled commercial property, if somebody took out a building permit far a quarter of
a million dollars you would have received the full quarter of a million dollars last year for
your growth component of your budget. This year you would actually get very little of
that. If it were just painting and carpeting that does not have a signif cant impact on the
market value of commercial property. Building permits also give instantaneous value.
Last year if there was a building permit taken out in December fora $166,660
improvement residential improvement and nothing was actually started on that until
January 5~" the following year you would get the $166,660 this ear ou don't et one
Y Y g
cent on the growth component. Also, exempt property again we are dealing with
assessed value exempt property does not have an assessed value. So if there was a
government building erected here in Meridian if a church was built last year you would
have been able to add that value to the growth compound of the budget this year there
is nv additional revenue showing up there. ~o those are the main reasons why the
growth compound of your budget is down. That is basically my message, I just wanted
to tell you two things that l think are very important, one the total market value has
increased. Aisa the average increase on existing property here in Meridian is just about
a 1 °fa increase. So existing property is not going to see a substantial increase in market
value this year. In years past we have had significant increases, that is the good news.
Any questions?
Marrow: Any questions for Bab? Thank you very much. Thank you for being so
gracious and allowing him to go first.
Meridian City Council
Special Meeting
May 2D, ~ 99l
Page 3
vveinberg: l am here tonight to give you an update on the Healthwise Communities
project. INe are very fortunate here in Idaho to have this going on and I hope that you
are all aware of it. I am going to bald up this book and I hope that everyone will
recognize it immediately. Because you should have all gotten this about a year ago
here. Please raise your hand if you did not get this book because I have extras and you
can have one. I also did bring extras and 1 will leave some in the back of the room so
that if any of you did not get your book you can inaudible}. I wanted to give you just a
brief update of what we have done so far, what is to come and what has been
accomplished in the project to date. That is going to mean that I am going to hold up a
poster right aver here, we have in this four county area five services and actually six
there is a new one, and this is what has gone on sa far in this project. Now you all,
nobody raised their hand anyway so I am hoping that everybody did in deed get their
book and you just heard Bob say that they are going to be mailing out 9~8,DgD assessor
notice. vl~e mailed out ~ ~9,BDD copies of the book when we did that last April so that
went out tv every home, every residence in this four county area, Ada, Boise, Elmore
and Valley counties. Since then we have also passed out about an additional 5,DDD
books as new residents have come into the community and the other thing we have
been doing is a accommodating people who are primarily Spanish speaking because
we have a Spanish version of the book. vile have given those out and they are still
available. Then we also have a large print edition of this book which we are giving out
and we have available for people who need a larger print edition ar a book that is
geared a little mare to older adults so that has been available also. The second thing
that we did is start doing workshops in the community to help the people learn haw to
use their books better. vUe have now done workshops for over B,DOD people in this
community in the four county area. Those are both for senior citizens and non-senior
citizens, vVe have also done workshops for over 5DD physicians because as of course
you folks get better at using the services that are provided through the project we want
the physicians to be able to support you in that too. The does really needed to know
what was going an in this community to help improve people's health here. The third
thing that occurred, occurred last fall in October and that was the opening of a
Healthwise line, Here in Meridian you have gotten a little bit of special attention around
the Healthwise line which is our nursing call center. The nursing call center is available
Monday through Friday from 7 a. m. to ~ p. m.. It allows people to call in and ask their
health care questions about any kind of concerns that they have. Herein Meridian and I
hope that you folks will recognize this as something that is on your refrigerators we
mailed out magnets to you all. This has had a rather dramatic effect, we wanted to try
that out in a single community and see what went an. In Meridian we have had aver GaD
calls since we mailed out these magnets. That is a fair number of calls from a
community in which we have sent out this number of magnets, So we will probably go
ahead and mail out magnets to the rest of the four county area because there has been
such a dramatic response from your community, Lats and lots of folks calling and telling
us that they are from here. The next thing that we did shortly after we opened the
Healthwise line was set up information stations. There are information stations which
are little computer and mini-libraries set up all aver the four county area. 1 am going to
t ,'
Meridian City Council
Special Meeting
May 2g, ~ g97
Page 4
leave some lists of where thane are located, but here in Meridian there is one which is
just books, it is just amini-library and it is at the Meridian community library. And then
at St. Luke's Meridian Medical Center there is also a computer as well as books. Sa
folks from this community can go in there and look up all of the information that the
nurses actually have available to them as well as getting access to a number of books
that are geared to everybody from grade school kids up through college. So quite a bit
of medical information that has been made available there. The sixth service which is
not an this list but which just recently became available is an Internet site. That Internet
site is only available only in this four county area for the people who live in this four
county area it makes it passible for you from your awn home if you have access to the
Internet to get access to all of the information that the nurses have when you call into
the Healthwise line. we have now had several thousand hits on that service, people are
beginning to know more about it all of the time, I am also going to leave you same
cards with information about that. What is also going on at this time is an evaluation of
what is really occurring. what we have been able to accomplish in the course of this
project, because of course this is a pilot, this is the only place in the United States that a
project like this is going on. The whole goal was to create a better patient. To help
people became the best informed, most empowered consumers of health care in the
United States I guess you could say in the whole wide world but it sounds kind of
cheesy, so we don't say #hat. But what we really wanted to do was that and with the
goals in mind that we would increase the quality of people's health care and increase
their satisfaction and overall decrease the cost to the entire community in receiving
goad high quality health care. It looks like we are achieving that, we are being
evaluated independently by the Oregon Health Sciences University. At the B month
mark we saw a number of things. what has happened what we have seen is that in a
survey of 2,OOB people that was done independently of Healthwise we looked out and
asked people what their experience was with the project so far. what we have seen is
that about S~°l~ of the people that we ask know that they got the book. Now, I wi11 say
looking at this all make City Council that it depends on who you ask whether they know
if they got the bank or nat. And if you ask the woman of the household she usually
knows where it is and she has used it and quite often if you ask the man of the hawse
he doesn't know where the book is ar if they got. But teasing aside 85°l0 of the people
we asked actually know that they got the book and most of them are just delighted with
and have used it more than one time. we also know that about 38°/~ of the people that
we talked to that we surveyed said that they had used the bank to save themselves one
or more visits to the doctor. That they were able to look into the book and end out #hat
they could take care of themselves and end out haw to take care of themselves very
well at home. We also found out that about 9°/e of the people that we surveyed reported
that they had used the book or some other service from the communities project to save
themselves a visit to the emergency room. Sothis is really goad information for us. we
know from the feedback that get on an ongoing basis that people are very happy with
the services. We surveyed the folks that go to the workshops, we survey the people
who call the Healthwise line and the feedback is generally very positive sa we feel real
good about that. But to know also that we are having an effect that probably will benefit
Meridian City Council
Special Meeting
May 20, 1997
Page 5
the budgets of all of these communities in this faun county area is a wonderful thing to
be able to present to you here and now. Now I am very sensitive that it is 1:3Q but if you
have some questions I would be delighted to answer them?
Talsma: I believe that if vl~alter here had the book with the large print he would probably
know if he received it or not,
Morrow: Mr. Rountree?
Rountree: Don't forget the cards you were going to pass out and I assume that has the
Internet address on it?
Weinberg: I want forget and yes it does have the Internet address. I am going to put
these down at the end of your bench sa you canal! pick them up.
Marrow: Thank you for coming, that being the cast item an the agenda for the special
meeting is there a motion to close the meeting?
Rountree: So maned
Bentley: Second
Morrow: It has been moved and seconded to close the special meeting, all those in
favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT ?:~Q P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
r
ALT MORROW, COUNCIL PRESIDENT
ATTEST;
ILLIAM G. BERG, JR., DI ~ ERK
~~~~~~''t~~rrrrRrrrr~
N~~~ ~ ~~~~~~
~D
~,
w
~~~
~~~ ~~ ~' ~s~ ~ ~~~~
'~~1{rf~ t:111~~~
~~ ~. HUB ~F ~'R ~`
EASURE VALLEY
WILLIAM G. BERG, JR., City Clerk A Good Place to Live
JANICE L. SMITH, City Treasurer
GARY D, SMITH, P.E., City Engineer
BRUCE p. STUART, Water Warks Supt.
JOHN T. SHAWCROFT, Waste Water Supk. 33 EAST IDAHQ
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642
PATTY A, WOLFKIEL, DMV Supervisor Phone (20$) 88$-4433 • FAX (20$) $$7-4813
KENNETH W. BOWERS, Fire Chief
W.L. °BILL" GORDON, Police Chief Public WorlcslBuilding Department (208) $$'1-~21I
WAYNE G. CROOKSTON, JR., Attamey Motor VehicielDrivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
NOTICE OF SPECIAL MEETING
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold
a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesda Ma ~~ ~ 991'
Y~ y
at 6;g0 P.M. The Meridian City Council will go into Executive Session as er State Gode
p
for pending litigation, personnel matters, and possible real estate urchases and hear a
p
presentation an the Healthwise Gommunity Project.
The public is welcome to attend.
DATE D th is ~ 6th day of May, ~ 997,
t~~t1 tt t {~ I 1111!1/ j'~~r!
~~~~~ ~ Af~~~
~~ ~~ r~
~' ~r~.+
v s
~ i
~~L
.. ,.
r i
f ~ A
M-
,~ i
'~~~ ,~ r ~~~ ~ ~~~,
~~ ~ ~~ .~
~~~~f rrrrtt nt4ttt~~~~
w ', ~ ;/!
~~ ~~'
IL IAM ~. BERG, JR. CI C - RK
s- r~
~Nlf
:. ~ 1
~~.. ~ ~r~ 'J`;
~.. .
., ~~
s r
The Healthw~ ~ Communities Project ~
Good health care begins with you.
April 18,1997
Anna Doty
City of Meridian
3 3 East Idaho
Meridian, ID 83~4~-
Dear Anna:
Enclosed find:
• 2 page summary of the Healthwise Communities Project
• News release about the results to date
• Article from wall Street Journal
R~C~CVED
aPe 2 ~ rss~
CITY ~F PAERIDIAN
Pam Weinberg, RN, Director of operations for the project, will beat the City Council meeting
on May 20 at 7:30. As we discussed, to make the most of our time we will need:
• TV and Video player (VCR)
Should something change, please call Pam at 331 ~~905. We're looking forward with enthusiasm
to sharing the results of this project with your folks in Meridian.
Best of health'
,~
~ ~
i
Nancy Na olski, RN,~ ~d.
Health Educator
Enclosure
P.O. Box 237 Boise, Idaho 83741 PH: 24$-345-1212 FAX: 248-345-4107
The Vision
By 1999, the residents of four southwestern Idaho counties will be the most empowered,
best informed medical consumers in the world. The people here, more than anywhere else,
will do a better j ob of taking care of their health problems at home and in partnerships with
their doctors.
The Project
The Healthwise Communities Project is acommunity-wide health initiative designed to
help 27S,DDD Idahoans become the best informed medical consumers in the world. The
goals are to improve healthcare quality and reduce healthcare costs by making fundamental
changes in the way doctors and patients work together.
The idea is about empowerment and partnership. With good information, patients and
doctors can work as partners to improve healthcare and lower its cost. This proj ect is:
1. For everyone. Each of the 125,DDD+ households in the four-county area received a
self care handbook and have easy access to other health information services.
2. Provider-supported. fiver 6DD area physicians, physician assistants, and nurse
practitioners were invited to review the self care guide. Many of them encourage their
patients to use it to improve family healthcare.
3. ~Iealth information focused. Access to the self care guide and an electronic medical
database gives people the information needed to make better medical decisions at
home and in partnership with their physicians.
How UVas it Inspired?
The consumer is the greatest untapped resource in the American healthcare system.
Decisions that patients and doctors make together determine bath the quality and cost of
healthcare. By strengthening the consumer's ability to make good decisions, we can
empower people to:
• Give appropriate and high-quality self care in the home
• Use emergency and other medical services appropriately
• Be informed about the outcomes of treatment options
• Share in medical decision-making with physicians
• Ask for the care they really need; nothing more, nothing less.
Vllhat is Being Improved?
The goals of the project are to:
• Improve the quality of healthcare
• Lower healthcare costs
• Increase satisfaction with the healthcare system
P.O. Box 237 ~ Boise, Idaho 83741 ~ PH: 2Q8-345-1212 SAX: 205-345-4107
~~ The Healthwi~ Communities Project
n~_
. -~f~.~~ Good health care begins with you.
.~: ,~:
:~.~
~x .-
.r , .
:r
v
^~ '
1
..~
Contact: Beth Toal
Phone: 208-331-6963/208-331-8785 (fax)
Website: www.healthwise.org
FAR IMMEDIATE RELEASE
NEWS RELEASE
Early Report: "Smarter" Patients Lower Health Care Costs
BOISE, Idaho, March 18,1997} - .An effort to help create "the smartest patients on
earth" has begun to pay off. "People are doing mare self care and are avoiding unneeded
medical visits," says Donald W. Kemper, president of Healthwise, Incorporated. In fact, one of
three people surveyed in one study reported saving unnecessary visits to physician off ces or
hospital emergency rooms. "This alone could save our community over $2 million a year in
health care costs," continued Kemper.
Centered around Boise, Idaho and funded in part by The Robert Wood Johnson
Foundation, the Healthtivise Communities Project is an effort to improve the health care system
by reinventing the patient.
According to a random sample survey of 598 households, conducted by Oregon Health
Sciences University ~aHSU}, 86% reported receiving their Idaho-edition Hearthwise handbook,
a medical self care guide, and 69% of those had used it at least once. "The fact that 6 of 10
families are using the self care book is exciting" adds Kemper, "but that is just the f rst step
toward creating a smarter patient."
A separate study looked at the prof ect's impact on a random sample of b 1 ~ employees
from thirteen local corporations. The study, conducted by Conrad Colby, Ph.D., an independent
researcher in Boise, confirmed the ~HSU book receipt and use rates. Those who received the
book provided the following additional information:
J 38.5% reported the handbook helped them avoid one or more visits to the doctor.
J 9% reported the book helped them avoid one or more visits to an emergency room.
~ 83% said they were satisfied or very satisf ed with the ~eali~hwise I~and~ook.
- MARE -
P.~. Box 237 Boise, Idaho 83701 PH: 208-345-1212 FAX: 208-345-4107
f
Reprinted from THE WALL STREET JOURNAL.
THURSDAY, ~CT~BER 24,1996
Takin control
~--rrrrrrr--r-rrrrrr-rrrrrrrr-----rrrr-
PATIENT, HEAL THYSELF
The path to smacrter health care may be smarter consumers
By RoN wnvsLO~
UI~E, Idaho-As an Air
Force brat, Linda Potts was
brought up to believe that
no illness was too trivial for
professional attention. After
all, the dactar was there,
and her father's employer paid the tab.
"If you got a hangnail, you went to the
doctor," she recalls.
so when a friend of her f0-year-old
daughter's stepped barefoot on a hat curl-
ing iron during a sleepaver, the civilian
mother of three says her first instinct was
to rush the child to the emergency room.
Instead, she consulted a handbook she
had just received an haw to treat common
medical conditions.
Following the book's advice, she con-
firmedthat the child's skin wasn't broken,
ran cold water over the injury and gave
her a pain reliever.
"We kept her that night. the Tylenol
licked in and she didn't blister," says Ms.
Potts. "The handbook gave me a plan of ac-
tion." And it avoided a $120 trip to the ER.
That handbook is part of an effort in
Ms. Potts's community to promote the
concept of self-care, which is becoming an
increasingly important weapon in the war
on health costs.
After years of targeting doctors, hos-
pitals and drug companies that supply
medical services, a growing number of
health plans, policy makers and employ-
ers are taking aim at the demand side of
the health-cast equation: consumers.
Convinced that the missing ingredient
in the health-care economy is smart pa-
tients, self-care advocates are using not
only handbooks but also dial-a-nurse ser-
vices and computers to arm people with
information an how to manage medical
problems themselves and make better de-
cisions an when and haw to seek treat-
ment. The idea is that knowledgeable pa-
tientswill save casts by avoiding unneces-
sary visits to the dactar and improve care
by being much mare effective patients
when they do see a dactar.
Empowering Consumers
"If you have an informed consumer,
you'll have a better health-care system,"
says Donald W. Kemper, president and
chief executive officer of Healthwise Inc.,
a nonprofit company in Boise that devel-
opedthe manual Ms. Potts used, "Health-
wiseHandbook."
But critics contend that a "patient,
heal thyself," approach to health care is
much mare about cutting costs than em-
powering consumers. They maintain that
manuals and phone lines can amount to
one mare barrier between patients and
doctors at a time when managed care al-
ready sets too many rules for getting
treatment. Moreover, they worry that
self-care could keep some people from
seeking care they need or delay them in
getting treatment far a serious problem.
Gregory L. Henry, president of the
American College of Emergency Physi-
cians and an emergency-room dactar in
Ann Arbor, Mich., cites a case of an el-
deriyman who developed a fever a day af-
terhaving apolyp removed from his colon
at an outpatient clinic. When his wife
called anurse-staffed phone line, she
didn't mention the procedure and gat ad-
vice on managing a fever. Abdominal
pains followed the next day, prompting
telephone guidance far that problem, By
the third day, the man was admitted to an
intensive-care unit in shock, suffering
from a severe infection.
"If someone says, `I have pain in my
belly,' nothing is mare useful to a doctor
than to feel the belly," Dr. Henry says.
"In an era of cast containment, the phone
is goad far certain things, but it's not asub-
stitutefor real medical care."
Just how much of the nation's trillion-
dallar health-care bill can be classified as
unnecessary is hard to gauge, but some
experts say the amount is enormous.
Two xecent studies, far instance, indi-
cate that 3'~% to 54% of the 95 million an-
nualvisits toemergency rooms are for can-
ditiansthat don't require immediate treat-
ment. And millions of patients slag physi-
cian waiting roams for colds, chickenpox
and other complaints for which doctors
have no remedy, or far routine aches and
pains that could be handled much more
conveniently and efficiently at Name.
"I've made a lot of money removing
ticks because I can't convince patients to
take a pair of tweezers and do it them-
selves," says Tom Cornwall, a pediatri-
cian in Boise.
Dial-a-Nurse
All of this "inefficiency" has attracted
the attention of the managed-care industry
and employers seeking to control health
casts. About half the nation's 500 health-
maintenance organizations provide same
form afself-care services, especially call-a-
nurse pragramsintended toscreen patients
far many conditions before they head for
the emergency room. DnPunt Cv., Boise
Cascade Corp. and Texas Instruments Inc.
are among major employers that distribute
self-care manuals to employees.
"Healthwise Handbook," now in its
I2th edition since its inaugural issue in
(ouer please )
~ X996 Dow Jones ~ Company, .inc. ADZ Rights Reserved.
Q ~ ~%~ w~~n~A
~~ ~~
~ ` ~; ~~ .,
~, .~
~~
JournalReprints • ~fiO9} 52D-4328 • P.D. Box 300 • Princeton, N.J. 08543-O3DD
D4 N4T MARK REPRINTS * REPRODUCTIONS NDT PERMITTED
~~~.~.~~Y~D
APR 2 1 ;9°7
CITE' ~F I3~~i3t~3AfV
April 15,1997
Anna Doty
City of Meridian
33 East Idaho
Meridian, ID 83~42~
Dear Anna:
Enclosed f nd:
~ 2 a e summary of the Healthwise Communities Project
Pg
r ~ News release about the results to date
• Article from wall Street Journal
' of 4 erations for the roj ect, will be at the City Council meeting
Pam Weinberg, RN, Director p P
• As we discussed to make the most of our time we will need:
on May ~0 at 7.30.
• TV and Video player (VCR)
' e call Pam at 331~~905. We're looking forward with enthusiasm
Should something change, pleas
grin the results of this prof ect with your folks in Meridian.
to sh g
Best of health;
~~ - ~-
,,~ ;,
,-
,~ ~
`~ G
fi
r~
anc Na olski, RN,;~M.Ed.
~ y
Health Educator ~ ~ ~'
Enclosure
• ise Idaho 83701 PH: 208-345-1212 FAX: 208-345-4107
P.Q. Box 237 Ba 1
The Visian
By 199, the residents of four southwestern Idaho counties will be the most empowered,
best informed medical consumers in the world. The people here, more than anywhere else,
will do a better job of taking care of their health problems at home and in partnerships with
their doctors.
The Protect .
The Healthwise Communities Project is acommunity-wide health initiative designed to
help ~78,4~a Idahoans become the best informed medical consumers in the world. The
goals are to improve healthcare quality and reduce healthcare costs by making fundamental
changes in the way doctors and patients work together.
The idea is about empowerment and partnership. with good information, patients and
doctors can wark as partners to improve healthcare and lower its cost. This project is:
1. For everyone. Each of the 1 ZS,a~Q+ households in the four-county area received a
self care handbook and have easy access to other health information services.
2. Provider-supported. Qver 6Q0 area physicians, physician assistants, and nurse
practitioners were invited to review the self care guide. Many of them encourage their
patients to use it to improve family healthcare.
3, Health information focused. Access to the self care guide and an electronic medical
database gives people the informatian needed to make better medical decisions at
home and in partnership with their physicians.
How Was it Inspired?
The consumer is the greatest untapped resource in the American healthcare system.
Decisions that patients and doctors make together determine both the quality and cost of
healthcare. By strengthening the consumer's ability to make good decisions, we can
empower people to:
• Give appropriate and high-quality self care in the home
• Use emergency and other medical services appropriately
• Be informed about the outcomes of treatment options
• Share in medical decision-making with physicians
• Ask for the care they really need; nothing more, nothing less.
:1
What is Being Improved?
The goals of the project are to:
• Improve the quality of healthcare
• Lower healthcare costs
• Increase satisfaction with the healthcare system
P.~. Box 237 Boise, Idaho 837D1 PH: 205-345-1212 FAX: 208-345-4107
The Hea~thwi~-~~ Communities
Contact: Beth Toal
Phone: 2~8-331-d9G312~8-33I-8785 Sfax}
Website: www.healthwise.org
FAR IMMEDIATE RELEASE
P ro j e et
NEWS RELEASE
Early Report: "Smarter" Patients Lower Health Care Costs
BaISE, Idaho, March 18, ~ 997} - An effort to help create "the smartest patients an
earth" has begun to pay off. "People are doing more self care and are avoiding unneeded
medical visits," says Donald W. Kemper, president of Healthwise, Incorporated. In fact, one of
three people surveyed in one study reported saving unnecessary visits to physician offices or
hospital emergency rooms. "This alone could save our community aver ~Z million a year in
health care costs," continued Kemper.
Centered around Boise, Idaho and funded in part by The Robert Wood Johnson
Foundation, the Healthwise Communities Proj ect is an effort to improve the health care system
by reinventing the patient.
According to a random sample survey of 598 households, conducted by Qregon Health
Sciences University ~~HSU}, S6~/o reported receiving their Idaho-edition Healthwise ~and~ook,
a medical self care guide, and 69% of those had used it at least once. "The fact that 6 of l ~
families are using the self care book is exciting" adds Kemper, "but that is just the f rst step
toward creating a smarter patient."
A separate study looked at the prof ect's impact an a random sample of ti I ~ employees
from thirteen local corporations. The study, conducted by Conrad Colby, Ph.D., an independent
researcher in Boise, conf rmed the ~HSU book receipt and use rates. Those who received the
book provided the following additional information:
~ 38.5% reported the handbook helped them avoid one or more visits to the doctor.
J 9~/o reported the book helped them avoid one or more visits to an emergency room.
J 83% said they were satisf ed or very satisfied with the Healthwise .F~andbook.
-M~RE-
P.Q. Box 237 Boise, Idaho 83701 PH; 208-345-1212 FAX; 2Q8-345-4107
c frl
Reprinted trom THE WALL ~1REET JO
URNAL.
THURSDAY, OCTOBER 24, 1996 O 1996 Dow Jones & Company, Inc. All Rights Reserved.
,~ +! {.
~.... S
.;~
Talon
~ontro~
-+a raaaaaaaaaraararraaaaaaaaaaraaraaar^
PATIENT, HEAL THYSELF
The path to smarter health care muy be smarter consumers
By RoN WIlVSLQW
OISE, Idaho ~-As an Air
Force brat, Linda Potts was
brought up to believe that
no illness was too trivial for
professional attention. After
all, the doctor was there,
and her father's employer paid the tab.
"If you got a hangnail, you went to the
doctor," she recalls.
So when a friend of her 10-year-old
daughter's stepped barefoot an a hot curl-
ing Iran during a sleepover, the civilian
mother of three says her first instinct was
to rush the child to the emergency raven.
Instead, she consulted a handbook she
had just received an how to treat common
medical conditions.
Following the book's advice, she con-
firmedthat the child's skin wasn't broken,
ran cold water over the injury and gave
her a pain reliever.
"We kept her that night, the Tylenol
kicked in and she didn't blister," says Ms.
Potts. "The handbook gave me a plan of ac-
tion." And it avoided a $120 trip to the ER.
That handbook is part of an effort in
Ms. Patts's community to promote the
concept of self-care, which is becoming an
increasingly important weapon in the war
on health costs.
After years of targeting doctors, hos-
pitals and drug companies that supply
medical services, a growing number of
health plans, policy makers and employ-
ers are taking aim at the demand side of
the health-cast equation: consumers.
Convinced that the missing ingredient
in the health-care economy is smart pa-
tients, self-care advocates are using not
only handbooks but also dial-a-nurse ser-
vices and computers to arm people with
information an haw to manage medical
problems themselves and make better de-
cisions on when and how to seek treat-
ment. The idea is that knowledgeable pa-
tientswill save costs by avoiding unneces-
sary visits to the doctor and improve care
by being much mare effective patients
when they do see a doctor.
Empowering Consumers
"~f you have an informed consumer,
you'll have a better health-care system,"
says Donald W. Kemper, president and
chief executive officer of Healthwise Inc.,
a nonprofit company in Boise that devel-
opedthe manual Ms. Potts used, "Health-
wise Handbook."
But critics contend that a "patient,
heal thyself," approach to health care is
much more about cutting costs than em-
powering consumers. They maintain that
manuals and phone lines can amount to
one more barrier between patients and
doctors at a time when managed care al-
ready sets too many rules far getting
treatment. Moreover, they worry that
self-care could keep some people from
seeking care they need or delay them in
getting treatment for a serious problem.
Gregory L. Henry, president of the
American College of Emergency Physi-
cians and an emergency-room doctor in
Ann Arbor, Mich., cites a case of an el-
derly man~who developed a fever a day af-
terhaving apolyp removed from his talon
at an outpatient clinic. When his wife
called anurse-staffed phone line, she
didn't mention the procedure. and got ad-
vice an managing a fever. Abdominal
pains followed the next day, prompting
telephone guidance far that problem. By
the third day, the man was admitted to an
intensive-care unit in shack, suffering
from a severe infection.
"If someone says, `I have pain in my
belly,' nothing is more useful to a doctor
than to feel the belly," Dr. Henry says.
"In an era of cast containment, the phone
is gaol far certain things, but it's not asub-
stitutefar real medical care."
lust haw much of the nation's trilIian-
dollar health-care bill can be classified as
unnecessary is hard to gauge, but came
experts say the amount is enormous.
Two recent studies, for instance, indi-
cate that 3'I% tv 54% of the 95 million an-
nualvisits toemergency roams are far con-
ditionsthat don't require immediate treat-
ment. And millions of patients clog physi-
cian waiting ravens for colds, chickenpox
and other complaints for which doctors
have na remedy, ar far routine aches and
pains that could be handled much mare
conveniently and efficiently at home.
"I've made a lot of money removing
ticks because I can't convince patients to
take a pair of tweezers and do it t_hem-
selves," says Tom Cornwall, a pediatri-
cian inBoise.
Dial-a-Nurse
Ali of this "inefficiency" has attracted
the attention of the managed-care industry
and employers seeking to control health
casts. About half the nation's 500 health-
maintenance argani~ations provide some
farm ofself-care services, especially call-a-
nurse pragramsintended tascreen patients
far many conditions before they head far
the emergency roam. DuPont Co., Boise
Cascade Corp, and Texas Instruments Inc,
are among major employers that distribute
self-care manuals to employees.
"Healthwise Handbook," now in its
12th edition since its inaugural issue in
(over please )
JournalReprints • ~fi09} 520-4328 • P.O. Box 300 • Princeton, N.J. 08543-0300
DO NOT MARK REPRINTS • REPRODUCTIONS NOT PERMITTED
~l r • ~ {
A.~' The Healthwi~.: Communities Project
Good heaith care begins with you.
.~-
a qf:
Yr ... X
•' Healthwise®I nformation Stations
..~
BGISE L~CATI~NS
open to the Public
• Boise Public Library -includes
additional health books, magazines, and
videotapes.
• Ada Community Library
• Boise State University
• Cer~.tral District Health Department
Maln ~f~ICe
7~ese locations contain books only:
• Boise Public Librany Bookmobile
• Towne Square Library Located in Boise
Towne Square Mall
Hospitals
• St. Alphonsus Regional Medical Center
• St. Luke's Meridian Medical Center
• Veterans Administration Medical Center
Doctors' offices
• Family Health Care -Jane Young
• Family Practice Associates--Park Center
• Family Practice Residency
• Idaho 'fellness Center
• Robert Franklin, M.D.
• St. Luke's Internal Medicine
Call the Heal~hwise~Line
345-1212 -- in Ada County
1 S~0 249-028 in Boise, Elmore, and
Valley Counties
~Vebsite
httpalwww.hcp.arg
ETHER L~7GA'I'~~NS ~N ~DAH~
Cascade
• Cascade Public Library
Eagle
• Eagle Public Library (books anly~
• Nearest Health~ise Knowledgebase:
Ada Community Library
Garden City
r
• Garden City Public Library
• Dearest Healthwise Knowledgebase:
Boise Public Library
Garden Valley
^ Garden Valley District Library
Gleans Ferry
• Gleans Ferry Public Library (books only
• Nearest Healthwise Knawledgebase:
fountain Hame Public Library
Horseshoe Bend
• Horseshoe Bend District Library
Idaho City
• Boise Basin District Library
Kuna
• Kuna SchoollCommunity Library
(books only
• Nearest Healthwise Knowledgebase:
Ada Community Library
McCall
• McCall Public Library
• McCall Memorial Hospital
Meridian
• Meridian Public Library (books only
• St. Luke's Meridian Medical Center
(books and the Healthwise Knowledgebase~
Mountain Home
• Mountain Home Public Library
• Mountain Home Air Force Base Library
• Trinity Mountain Health Care Carl
alson, MD}
Star
• Star Library (books only
• Nearest Healthwise Knowledgebase:
Ada Community Library
Yellow Pine
• Yellow Pine Library (books only
• Dearest Healthwise Kno~ledgebase:
Cascade Public Library
P.O. Box 237 Boise, Idaho 83701 PH: 208-345-1212 FAX: 208-345-4107
L:IHCPIINFOSTAT.~ONILOCATiON.