HomeMy WebLinkAbout1996 04-16MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, APRIL 16, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 2, 1996:
(APPROVED)
DOROTHY WHITMIRE: TREE CITY USA PRESENTATION:
2. JACK MCGEE, IDAHO POWER: RIGHT TREE RIGHT PLACE PRESENTATION:
3. TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR THE LAKE AT CHERRY
LANE NO.5 BY STEINER DEVELOPMENT: (TABLED UNTIL
MAY 7, 1986)
4. TABLED APRIL 2, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS N0.2
BY BRIGHTON CORP. (APPROVED FINDINGS; APPROVE
DECISION)
5. TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR ASHFORD GREENS NO, 2
BY BRIGHTON CORP. (APPROVED)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FOR VARIANCE
REQUEST FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE
LEADER: (APPROVE FINDINGS; APPROVE DECISION)
7. PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER: TABLED APRIL 2, 1996: (TABLED UNTIL MAY 7, 1996)
8. ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONF_/C-N:
(APPROVED)
9. ORDINANCE #730 -WATER METER FEES: (APPROVED)
10. FINAL PLAT FOR DANBURY FAIR N0.7 SUBDNISION WITH A DEVELOPMENT
AGREEMENT BY B.W. INC.: (APPROVED)
11. FINAL PLAT FOR SALMON RAPIDS N0.3 SUBDIVISION BY MARTY
GOLDSMITH: (APPROVED)
12. PUBLIC HEARING: REQUEST FOR VACATION OF WATER/SEWER
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EASEMENT BY ROGER ANDERSON: (APPROVE FINDINGS; APPROVE
VACATION OF EASEMENT)
13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT
FOR A GROUP DAY CARE BY ANGELA MILLER: (CONTINUE
HEARING ON MAY 7, 1996)
14. ROD CULLIP: REQUEST FOR SEWER HOOK-UP: (TABLED UNTIL
MAY 7, 1996)
15. AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING: (TABLE
UNTIL MAY 7, 1996)
16. TIME EXTENSION ON FINAL PLAT FOR ASHFORD GREENS SUBDIVISION:
(APPROVE ONE YEAR FROM JANUARY, 1996)
17. SANITARY SERVICES INC.: DISCUSSION OF PRESENT CONTRACT:
(APPROVE 20% ACROSS THE BOARD AIdD SET UP P/H FOR
EXTENSION OF CONTRACT)
18. PROCLAMATIOIN: SPOTLIGHT OUR SCHOOLS WEEK:
19. PROCLMATION: LAW DAY:
20. PROCLAMATION: MOTORCYCLE AWARENESS MONTH:
21. REQUEST FOR A TRANSFER OF BEER AND WINE LICENSE FROM FIESTA
II TO DENNIS PHILP: (APPROVED)
22. REQUEST FOR A LIQUOR LICENSE FOR DENNIS PHILP: (APPROVED)
23. WAYNE CROOKSTON: DISCUSSION OF PROCEDURE ON FINDINGS OF
FACT AND CONCLUSIONS OF LAW: (CONTINUE ON MAY 21, 1996)
24. GEORGE & WILMA STRASSER: REQUEST FOR SEWER HOOK-UP:
(APPROVED)
25. DEPARTMENT REPORTS:
A. BRUCE FRECKELTON, ASSISTANT TO THE CITY ENGINEER:
1. LICENSE AGREEMENT WITH UPRR: (APPROVED)
B. MAYOR CORRIE:
1. LETTER PROTESTING IRS AUDIT: (APPROVED)
26: PROCLAMATION: PHYSICAL EDUCATION AND SPORT WEEK:
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MERIDIAN CITY COUNCIL APRIL 16. 1996
The regular meeting of the Meridian City Council was called to order by Mayor Robert D.
Corrie at 7:30 P.M.:
MEMBERS PRESENT: Walt Morrow, Ron Tolsma, Charles Rountree, Glenn Bentley:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Bruce Freckleton, Chief
Gordon, Dorothy Whitmire, Jack McGee, Morgan Evens, Christy Schwartz, Ann Roberts,
Shannon Viser, Abby Sharp, Jennifer Fooh, Mark Freeman, Larry Durken, Mike Wardle,
David Turnbull, Ted Hutchinson, Dave Leader, Jerry Ellis, Rod Cullip, Kathleen Weber,
Jim Johnson:
MINUTES OF PREVIOUS MEETING HELD APRIL 2, 1996:
Corrie: Any corrections to the minutes?
Rountree: Mr. Mayor, I move we approve the minutes from our previous meeting.
Tolsma: Second
Corrie: Motion by Mr. Rountree, second by Mr. Tolsma to approve the minutes of April 2,
all those in favor? Opposed?
MOTION CARRIED: Alt Yea
Corrie: Gentlemen, with your permission I would like to do those proclamations first if you
haven't any objections. They were towards the last items 18, 19 and 20, if I may. Alright.
ITEM #18: PROCLAMATION: SPOTLIGHT OUR SCHOOLS WEEK:
Corrie: WHEREAS, our children are the most important asset of the Meridian community,
and; WHEREAS, the mission of the Joint School District No. 2, the Meridian School
District, is to provide students with the knowledge and skills which will foster alife-long
love of learning and the desire to become contributing members of our modern society,
and; WHEREAS, Joint School District No. 2 is the largest employer in our community,
and; WHEREAS, in addition to the efforts of the employees of Joint School District No. 2,
individuals and businesses located in our community generously contribute significant time
and resources to support our schools, and; WHEREAS, through the combined efforts of
the teachers, personnel, and administration of Joint School District No. 2, and with
contributions of both business and individuals to our schools, our children are provided
with the topls to become contributing members of our community which enhances the
quality of live of all community residents, and; WHEREAS, it is important that the
teachers, personnel, and administration of our School District, as well as the numerous
individuals and businesses who support our schools, receive recognition for their efforts
Meridian City Council
April 16, 1996
Page 2
NOW, THEREFORE, t, Robert D. Corrie, Mayor of the City of Meridian, do hereby
proclaim the week of May 18 through 24, 1996 SPOTLIGHT OUR SCHOOLS WEEK
the officials of this City, and all citizens thereof, to recognize the profound impact the
efforts of the teachers, personnel, and administration of Joint School District No. 2, as well
as the individuals and businesses who contribute so generously to our schools, have upon
our children and, respectively, our community. DATED this 16th day of April, 1996
ITEM #19: PROCLAMATION: LAW DAY:
Corrie: WHEREAS, May 1st is Law Day in the United States of America, and WHEREAS,
the United States of America has been the citadel of individual liberty and a beacon of
hope and opportunity for more than 200 years to many millions who have sought our
shores, and WHEREAS, the foundation of individual freedom and liberty is the body of law
that governs us, and WHEREAS, the Constitution of the United States of America and the
Bill of Rights are the heart of that body of law, which guarantees us many freedoms -
including freedom of religious belief, freedom to have and hold property inviolate, freedom
of assembly, freedom of speech, freedom of press, freedom of petition, and due process
of the law among others, and WHEREAS, this year marks the 38th annual nationwide
observance of Law Day, and the Congress of the United States and the President by
official proclamation have set aside May 1 as a special day for recognition of the place of
law in American life, NOW, THEREFORE, I, Robert D. Corrie, Mayor of the City of
Meridian, do hereby designate May 1, 1996 as LAW DAY and call upon all citizens,
schools, businesses, clubs, and the news media to commemorate the role of law in our
lives.
ITEM #20: MOTORCYCLE AWARENESS MONTH:
Corrie: WHEREAS, the motorcycle is an energy-efficient vehicle which conserves fuel,
reduces urban traffic, and parking congestion, and treads lightly on an overworked road
system; and WHEREAS, the motorcycle has become an important and econbmical mode
of transportation involving such activities as commuting, touring, and recreation and can
be an aid to agriculture; and WHEREAS, the motorcycle promotes tourism and friendship
by attracting riders from throughout the United States and many foreign countries through
various clubs and organizations; and WHEREAS, since motorcycles lack the protective
armor of trucks and automobiles which increases the risk of serious accidental injury and.
death for motorcyclists, all motorists need to operate with caution near motorcycles; and
WHEREAS, due to the increased number of motorcycles on the roads and highways of our
state and throughout the nation and because motorcycle awareness and safety is a
concern to all, it is appropriate to set aside a time to inform motorists of the number of
motorcyclis#s on the rbads and to help motorcyclists become aware of the ways they can
promote safety; NOW, TWEREFORE, I, Robert D. Corrie, Mayor of Meridian, do hereby
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Meridian City Council
April 16, 1996
Page 3
proclaim the month of .May,. 1996 to be MOTORCYCLE AWARENESS MONTH in
Meridian and I urge all of our citizens to be aware of and support the Motorcycle
Awareness Rally sponsored by the Idaho Coalition for Motorcycle Safety on May 4, 1996.
I also encourage all government agencies, civic and service organizations, drivers, and
riders to join in a concerted effort to make motorcycling a safe activity in our state through
programs aimed at both young and adult motorcycle operators and other vehicle operators,
so that improved sharing, mutual respect, and increased awareness will exist on our Idaho
Roadways.
ITEM #26: PROCLAMATION: PHYSICAL EDUCATION AND SPORT WEEK:
Corrie: WHEREAS, 1996 is the 11th Anniversary of the American Alliance for Health,
Physical Education, Recreation, and Dance-an educational organization structured for the
purpose of supporting, encouraging, and providing assistance to member groups and their
personnel throughout the nation as they seek to initiate, develop, and conduct programs
in health, leisure and movement-related activities for the enrichment of human life; and
WHEREAS, in Idaho that member group is the Idaho Association of Health, Physical
Education, Recreation, and Dance; and WHEREAS, it is fitting to celebrate and focus
attention upon all citizens and programs in Idaho, as well as nationally, that promote
physical education, sport, and fitness in our schools and communities; NOW,
THEREFORE, I, Robert D. Come, Mayor of the City of Meridian, Idaho, do hereby
proclaim the week of May 5 through May 11, 1996 to be PHYSICAL EDUCATION AND
SPORT WEEK in Idaho, and I proclaim "Move to Improve" to be the theme for this year's
events. I encourage our citizens to support and participate in the Idaho Association of
Health, Physical Education, Recreation and Dance's 1996 1997 State Convention to be
held at Moscow, Idaho with this year's themenBuilding Connections". FURTHER, I
encourage and urge all Idahoans to be involved in and promote physical education, sport,
and fitness in their communities.
ITEM #1: DOROTHY WHITMIRE: TREE CITY USA PRESENTATION:
Whitmire: Thank you Mr. Mayor and members of the Council for allowing to come up and
speak to you this evening about our tree city USA program. I see some familiar faces, Ron
for one has been here for a long time and I think I have spoken with him a time or two
before this evening. But the rest of you I am not too sure that I know most of you. Let me
tell you just a little bit about myself where I come from and basically why I am here.
Originally I was from the little town of Kuna which is just south of you eight miles here and
you are all familiar with. I was the Planning and Zoning Administrator there for about 5
years. I was also their urban forest administrator for all of those same five years. I,
because of that and a program that I started there was selected to become what we call
now the Idaho tree lady, let me put it that way, that is what everybody else calls me. Igo
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Meridian City Council
April 16, 1996
Page 4
around Idaho and talked to communities about trees, about planting trees, why to plant
them, why you need them and try to convince cities that they should become Tree City
USA's. We have eight Tree City USA's in the State of Idaho right now, they are all
surrounding you. So it is time Meridian got on the band wagon we hope and became also
a Tree City USA. Kuna is a Tree City USA, Eagle is a Tree City USA, Boise is a Tree City
USA, Caldwell is a Tree City USA. So you are kind of surrounded by all of them and Tree
City USA is not just a token that is given out lightly. It is an honor that is earned and it is
hard to earn, it is not easy, it takes cooperation from City officials, it takes cooperations
with volunteers, with the planners of your City, with everyone combined in the City. But
we certainly would like to see Meridian become a tree City, we think you have most of .the
qualifications already in place to become one. So we would like to encourage you and we
have come here today to say what can we do to help you become a Tree City USA. That
is what we would like to see is the big sign outside your city that says Meridian Idaho is
a tree City USA. You have planted trees, trees are a very valuable asset they add a lot of
things to your town. Let me give you two reasons, and a 1 talked with your Mayor and a
couple members of his staff today earlier. A couple of reasons that Councilmen and having
been one for many years in Kuna I understand what you are looking at, you are looking
at sewers, you are looking at water lines, you are looking at all those types of things which
are mandated that you have to do fire, police, so on and so forth. We hope some day trees
are part of that because they are really a central part of our infrastructure. There are two
reasons that you should be concerned (inaudible) Tree City USA will help you a great deal
should you ever need it. One of those things is if somebody is injured by a hazardous tree
at some point in time which can happen quite easily on any of your streets you are going
to get sued and when you do you are going to pay and it doesn't make any difference I
have been told by the attorney and a judge you are going #o pay regardless whether you
win or lose. The cost that you pay is going to be about half or less if you are a Tree City
USA because what it is going to say to that group and the judge is hey these people are
doing everything within their power to make sure that no one does get hurt that. everything
is as it should be in your town. It can happen very quickly in a park with a child playing in
a tree, or just on the city street with someone walking where a tree limb may come down
and hit someone, ail of those kinds of things happen. That is one good reason because
they know you if you have a Tree City USA award you are working towards -good urban
forestry programs and you are doing everything you can for your citizens and your people.
I think that is a real tough point with a lot of cities and they don't realize just how
dangerous some urban forestry trees are. They are out there they are all over. A good
urban forestry program if it is put into place will bring those trees into focus and they can
be removed before someone does get hurt by those trees. Another good reason to do this
is as the south found out this year if a disaster should occur of some sort and you lose a
lot of your trees and sometimes that happens, down south they lost a goodly amount of all
the urban forest in the south this year through hurricanes that was the hit down there. We
don't have so many of those up here but we do have some bad things that happen to us
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Meridian City Council
April 16, 1996
Page 5
once in a while. The first people to be considered for replanting trees with every grant and
through the government with any type of help are Tree City USA's because they know
those people care about their trees and they are going to take care of them when they get
them. So that is the second reason, for those two reasons alone is a good reason to go
for Tree City USA. But basically Tree City USA says to your people in your town we care
about the urban forest. We care about it growing, we care about taking care of it, we care
about planting it and we know it is an important part of our infrastructure. So basically that
is why I came tonight to ask you was to get on the bandwagon with us. We will help you
in any way that we can, we have grants that will be available, not this year but by next year
and you can't get a Tree City USA this year they have been awarded. Your application has
to be in by December. There are four components to that Tree City USA application. The
first one is that you must have a tree committee which Meridian does not have at this time,
but is not a hard thing to do and doesn't have to be outside necessarily of your city
infras#ructure. It can be your maintenance department could be your tree committee, but
generally speaking if you want a good urban forestry program you will go outside of your
own department and bring in people from your community. Bring in volunteers, good
people to ask are retired people from the forest service, from the BLM, people who have
had some kind of a background with trees that know a little bit about them. Those are real
good people to ask to come in. A tree committee is very easy to form that is the number
one requirement. The second requirement in a Tree City USA program is to have two
dollars per capita for your population and that is according to the 1990 census and you are
already spending that or more. Everything that you do that involves trees counts. Whether
it is leaf pick up whether it is watering a tree, planting a tree, pruning a tree, any care your
maintenance men do, all of those things count for that two dollars per capita. So I am sure
that you are already spending that, that is why I said that you are probably on the way to
that because we have dealt with you before and shared grants with you, the SBA grants
came through my office that Meridian got. So I know that you are putting money out there
on trees that you are doing things with them so you have already I am sure made that
qualification. The next qualification is to have some sort of a plan in which you would want
your tree committee to do some kind of a plan which would say in the next year we are
going to do this. It doesn't mean that you have to go out and buy $100,000 worth of trees
and put them in the ground it simply means that maybe they are going to go out and
inventory the trees that are already here within your town and an inventory is going to be
very simply or can be very complicated. It simply a guideline of what trees are planted
where, how oid they are, what condition they are in, do they need care and when can we
give them that care. Those things are really quite simple to do, you can get groups like
the group that is here tonight the scouts we have had scouts that have done inventories
for cities so you can involve a lot of volunteers in doing that sort of thing. That is part of
your requirements is to do a plan, say we are going to do something this year and then do
your best to follow through with that part of the plan that you set. The fourth thing is the
Mayor must give a proclamation saying this is Arbor day and declare an arbor day in your
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Meridian City Council
April 16, 1996
Page 6
City. So those are the four requirements for a Tree City USA, I think you have already
done some of those requirements and have them and we would sure like to see you
become a Tree City. So with that I think that is probably enough said Mayor and I talked
as I said with the Mayor and staff today, I hope we can work together. One little point I
wanted to throw out here we do have grants they will be available next year and one of
those grants will cover the cost of your ordinance or at least share the cost of your
ordinance. I know having been a councilwoman that ordinances do not come cheap, they
have to be published, they have to be codified and to do those things costs money. So,
sharing the cost of those is something that we could do. We could also share the cost of
an urban forester for your city. We helped the City of Idaho Falls to get their first urban
forester for their City. So these are all things to keep in mind and like I said have the arbor
day and I brought you a-few little things. At the back of the room is some brochures for
everyone here on how to plant a tree, how to properly prune a tree they are all in one little
water proof brochure so if you take it out to the planting site and get it dirty simply rinse
it off and save it for next year's planting. Thank you.
Corrie: Thank you Dorothy, any questions from the Council? Thank you
ITEM #2: JACK MCGEE, {DAHO POWER: RIGHT TREE RIGHT PLACE
PRESENTATION:
McGee: Thank you Mayor and Council, if I could get the lights down I will go right into a
slide show. I think most of the people here are familiar with Idaho Power. Idaho Power
every year spends $2.5 million removing trees out of power lines to make trees safer for
people in the community and to provide you with (inaudible) electric service. Our service
territory covers mostly southern Idaho, Eastern Oregon and Northern Nevada, covers
20,0 square miles. As you know as cities began growing and growing more and more
buildings are built (inaudible) and for some reason a lot of people like to put (inaudible)
roofs on buildings all this does is attract the sun heat up the down town areas, business
down town dies because people are starting to go to the malls and others areas that are
air conditioned. As you can see here this is down town Boise and they began installing
trees through out parking lots to try to cut down on what is known as (inaudible). With the
additional growth many people are moving into newer subdivisions and of course newer
subdivisions are small trees. As you starting getting kids and families into these
subdivisions (inaudible) and just play around. Unknowingly that our power lines that are
not insulated, kites that are caught in trees and the kids continue to hang onto the street
if they have any type of metallic string then they will conduct electricity. Once again they
love to climb the trees and unknowingly there could be power lines existing. We have had
cases where #hey have been boyfriend/girlfriends climb the trees to seek solitude so they
are away from their bedrooms where mom and dad could walk in and bother them and it
results in disaster. We do not need any more of this, as far as we are concerned no tree
Meridian City Council
April 16, 1996
Page 7
is worth a life (inaudible) they climbed up the tree tied a ladder or a rope in it and they
were hanging out over the canals and you can clearly see the power lines up above. As
I mentioned our power lines are not insulated, this rope if it gets wet at all it will conduct
electricity and electrocute them. In this case 7,200 volts (inaudible) you can see all the
dead branches laying all around, they do not maintain the trees and the tree ended up
breaking out and this goes back to what Dorothy was talking about the Tree City USA
awards and educated people working for the City they identify these hazards and notify
the people when they exist or take care of (inaudible). Your parks are really pretty clean,
to throw a little foot note in. We were down in the City of Pocatello last summer we could
not believe all the dead they had, major wind storm comes through, they had branches
laying all over the ground (inaudible). Liability is just phenomenal, this tree here looks
perfectly healthy it came in contact with the power lines because sap is moisture, sap will
conduct electricity, the whole tree just ignited. What are our choices, our choices are to
flat top trees in cases like this there are (inaudible) that is all there is to it. The solution
for this tree is to remove it and that is what I am here tonight tq #alk to you about is removal
and replacement of a lot of these trees. We are going to be coming to Meridian probably
about the end of September, first of October. Our tree crews to work on trees near power
lines and that (inaudible) noticed trees under the power lines you can work on removing
them and (inaudible). What we have done in some of the other communities is take the
wood and cut it up into matchable planks and contact local Lions Clubs or Scout groups
or whatever and they go out and collect the wood and have sales on the wood (inaudible)
turn around and find new trees to be replanted. (Inaudible) major eye sore. This is one of
our new styles of pruning procedure cal the L shape where you just do the round over
method you can see where the flat part is, the little section going out to the right used to
cut all of that off (inaudible) there is not benefit to the (inaudible). Therefore we leave as
much foliage as we can to cut down. on (inaudible) This is the directional pruning which
to me is the main (inaudible) this is a case of poor planning on the developers part
(inaudible) these trees are only about 8 years old. (Inaudible) foliage the next thing you
know they are overhanging streets and now the City and County (inaudible) but it still
becomes an expense to the City and to the highway departments. (Inaudible) This is what
some people consider proper tree pruning, you see this all over. A lot of cities are starting
to enforce ordinances against (inaudible) and they even have a $500 penalty over in
LaGrande they just fined one of their local (inaudible) destroying the tree. We are all
aware that (inaudible) this is right across the street from a school on Cole and Franklin the
kids everyday running up and down that sidewalk all they have to do is (inaudible). This
guy down in Jerome is amazing he (inaudible) so he put the sign (inaudible) it is
completely engulfed. Coming into town I noticed that you have a lot of trees that are
(inaudible) so what we recommend is that (inaudible) and you end up with (inaudible)
Otherwise you end up with eye sores like this or take an example from the highway
department out of Washington they went through and stripped out all the (inaudible) both
sides of the street and planted (inaudible). Once again poor planning here, we are
Meridian City Council
April 16, 1996
Page 8
constantly being called by customers that their tree has over grown the planting size and
has covered up the (inaudible) it is just poor planning that is all it is. We see this many
times, I was an engineer for 61/2 years and many times we went out on subdivisions and
there was a (inaudible) it is amazing how many of these developments (inaudible) never
visited. That is why (inaudible) your planning and review they mark on their exactly how
many (inaudible) just helps your personnel make their decisions on planning and zoning
issues. This guy here (inaudible) the tree should have been removed years ago and
(inaudible) the main thing that we are really trying to promote is recycling the urban #orest.
A lot of these old trees (inaudible) let's get rid of them and (inaudible) or we end up with
this. This tree is right next to that other one. Once again there was a power pole in the
middle of the driveway (inaudible) never got that, all the lirties rot and these lines are sitting
actually 11 feet off the ground so anybody can climb in#o the crotch of that tree and hand
from the (inaudible). This is a year later you can see how all the growth from (inaudible).
This is the old round over method that everybody things or used to think was the proper
method to make it look like a perfect ball, trees do not grow into being a perfect ball. In the
first sprouting season all the new growth has gone straight up to the power lines and
(inaudible) laterally and the only way the tree can grow is straight up (inaudible) outages
and power failures. (Inaudible) when you go to prune a tree go out from the trunk make a
slight undercut, go further out on the limb make a cut all the way through and come back
to the swollen area to the branch collar and make your final cut. The tree will (inaudible)
I guess I never even realized (inaudible). Otherwise you end up with trees (inaudible) rip
the bark all it does is open it up to insects (inaudible). These are just horrible pictures
(inaudible) you can see on the left hand side of the garage right there (inaudible) and it is
rubbing (inaudible) trees do not need to be topped they just need to be (inaudible). There
weren't even any power lines above these but they hired a guy (inaudible) Otherwise you
end up with trees (inaudible) toss them time and time again (inaudible). and they will
always (inaudible). We have all kinds of educational material, once again (inaudible) more
than 25 feet in height (inaudible). Planting the tree closer to the house will (inaudible) so
this is a matter of replanting them (inaudible) during the summer they shade, during the
winter (inaudible). Once again we get back to (inaudible) parking spaces and you will find
as trees grow people begin parking near the trees because that is where they want the
shading (inaudible). These are all small deciduous trees. This whole practice of going in
and completely wiping out the trees building the house and (inaudible} is quickly becoming
a practice of the past (inaudible). One nice thing about Meridian is they have been
fortunate in Dennis Summers had the foresight to have Rick Heller attend some of our
training classes that we put on this last January. We have a small arbors group out of
Boise that for the last three years we have been putting on training programs. When I
was cert~ed in 1993 I was only 5th in the State we were one of the States with the lowest
number of cert~ed art~orists or even people trained in arboriculture and now we are up to
about 60. So that has been really good and of course once again education, education,
education. Just because they attend the class does not mean they know everything, we
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Meridian City Council
April 16, 1996
Page 9
have been going to conferences, and this year the northwest chapter will have their annual
chapter meeting and training session over in Yakima, Washington in September. It is a 3
day affair and it is great. You meet all kinds of city planner and how to work and protect
trees. Atso as Dorothy mentioned in order to get some of the grants for Tree City USA you
need to have matching funds, the work that we do in your City limits to remove and replace
trees will count as matching funds for grants. So when you go to apply for the Tree City
USA grants make sure you contact me and I will give you the dollars that we spend and
you can use those for your matching funds. As I mentioned we would be more than happy
to buy you some new trees if your Parks Department wants to go out and look at the
schools, the cemeteries, wherever you see overhead lines where kids may be and let's get
some new small trees planted to eliminate somebody else coming in and planting a large
growing species at a later date. Tree City USA author I brought a copy of one of the Tree
City USA publications is Dr. James Fasio and fortunately he is from the University of Idaho
and he writes the national publication that all cities are following. This also has a copy of
the (inaudible) proper pruning of trees and a little article about the City of LaGrande
(inaudible) $500 for stripping down trees. There is an Idaho overhead line safety act that
has the $500 penalty for anybody working within 10 feet of the power lines unless they are
qualified to work around energized lines. As far as I am concerned the $500 means
nothing if they are not around. We do have some new brochures to give out to the
customers prior to us contacting them which is why I wanted to come tonight to let you
know the new procedures and new standards and that we do work with customers to
remove trees also. A lot of them are just self starters. Here is a brochure that the City of
Boise put in their sewer bill talking about stopping tree topping, mulching, watering, saving
water and then another brochure on avoiding utilities. That is all I have, any questions?
Corrie: Any questions from Council? Jack, thank you very much. At this time I would like
to recognize the scout troop that is here tonight, welcome fellahs and hope you get some
real pointers on the City government tonight.
ITEM #3: TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR THE LAKE AT CHERRY
LANE NO. 5 BY STEINER DEVELOPMENT:
Corrie: I believe you have in your packet that they requested tabling the preliminary plat
until a later date. Do you have that in your packet?
Morrow: Mr. Mayor, I would move that we table that as per requested by Steven Bradbury
the preliminary plat for The Lake at Cherry Lane No. 5 until May 7, 1996.
Rountree: Second
Corrie: Okay, we have eight public hearings that night as well, we could put it the 21st if
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Meridian City Council
April 16, 1996
Page 10
you so desire but if you want to leave it the 7th that is perfectly alright.
Morrow: My preference would be to deal with the issue as it comes and to get it cleared.
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, to table until May the 7th
meeting, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED APRIL 2, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS NO. 2 BY BRIGHTON
CORPORATION:
Corrie: Does the Council have any discussion before we take up the findings of fact and
conclusions? Is the representative here, I have one question. On Interlachen what are
the plans for that street that go into your subdivision?
Wardle: Mr. Mayor in the original approval of the conditional use permit we were required
to deal with a connection but until that parcel through which that must pass to make the
connection is actually put into design mode it is premature to determine what that might
be. ACHD was reluctant to have a connection for fear that it would put traffic on
Interlachen that they never anticipated. So whatever is done is going to have to be done
with the City staff as well as ACRD.
Corrie: Thank you
Morrow: Mr. Mayor, for the record in the findings of fact and conclusions there is a
reference to the deed for the golf course property to bring the Council up to speed the first
draft of the second deed or second time around yesterday afternoon and that is being
reviewed so that is under progress as we speak.
Corrie: Mr. Morrow did they take off the restrictions that were on there previously?
Morrow: That is correct.
Corrie: Any further discussion?
Rountree: I have a question Mr. Mayor, the delivery of that warranty deed does that meet
the terms of I#em 18 on page 23 of the findings of fact, actually page 24 with (inaudible)
Crookston: i have not seen the deed myself so I don't know.
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Meridian City Council
April 16, 1996
Page 11
Morrow: I think by the time we get done reviewing it it will meet that deed there was both
a deed and an easement covering some of the other issues at our committee meeting
yesterday afternoon I gave those to the former Mayor Kingsford because he had originally
reviewed those documents that were rejected and I asked him to spend the evening
reviewing these new documents to make sure that it covered the issues with respect to the
layout on the golf course in terms of easements and the planing and such. He assured he
would do that and return them and he would have attorney Crookston review both
documents. Council then would review any changes that came from any of the tree of
those groups and (inaudible) Mr. Turnbull for him to (inaudible). Mr. Mayor I would move
that we adopt and approve these findings of fact and conclusions of law.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the findings
of fact and conclusions of law for Ashford Greens No. 2, any discussion? Roll call vote:
ROLL. CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision.
Morrow: Mr. Mayor, the Meridian City Council hereby approves and grants this conditional
use permit for a planned development (inaudible) findings of fact and conclusions of law
(inaudible) not to be met as stated herein. Specifically including design review and plat
approval (inaudible).
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree of the decision that was just
read, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR ASHFORD GREENS NO.
2 BY BRIGHTON CORPORATION:
Corrie: Any discussion?
Rountree: Mr. Mayor I have a question for staff. Bruce, have you seen a preliminary plat
meeting the engineering standards on this and if so have your concerns and issues been
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Meridian City Council
April 16, 1996
Page 12
met?
Freckleton: Mr. Mayor and members of the Council, we did receive written response to our
comments on December 12, 1995 and they have addressed all of our concerns. There
was only one item that we did bring up that still I guess is a question and that is the issue
of the sidewalks being on both sides of the streets, five foot sidewalks. My comments we
required that and their request is to have sidewalks on one side of the street only. Other
than that everything seems to be in order.
Rountree: Thank you. Mr. Mayor I would move that we approve the preliminary plat for
Ashford Greens No. 2.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve the
preliminary plat for Ashford Greens No. 2 by Brighton Corporation, any further discussion?
Morrow: Mr. Mayor, I would ask, apparently Shari is not here this evening.
Corrie: Shari will be here a little bit later.
Morrow: Okay, that is fine, did you wish to approve them subject to all staff conditions?
Rountree: That certainly would be my intention yes.
Morrow: Do you wish to amend the motion?
Rountree: If you withdraw your second I will withdraw my motion. Mr. Mayor I would move
that we approve Ashford Greens No. 2 conditions of preliminary plat meeting all the
conditions of City staff and City ordinances and ACHD's comments.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve the
preliminary plat for Ashford Greens No. 2 conditioned that all staff conditions be met, all
ordinances to be met and ACRD conditions to be met, any further discussion? All those
in favor of the Motion? Opposed?
MOTION CARRIED: All Yea
(END OF TAPE)
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Meridian City Council
April 16, 1996
Page 13
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR DOVE MEADOWS NO. 2 BY DAVE LEADER:
Morrow: Mr. Mayor I would move that we adopt and approve the findings of fact and
conclusions.
Tolsma: Second
Cowie: IUlotion made by Mr. Morrow, second by Mr. Tolsma, that we approve the findings
of fact and conclusions of law for the variance request for Dove Meadows No. 2
Subdivision, any further discussion? Roll Call vote
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Nay, Tolsma -Yea
MOTION CARRIED: 3 Yea, 1 Nay
Cowie: I will entertain a motion for the decision.
Morrow: Mr. Mayor, I would move that it is decided that a variance from R-4 street frontage
requirements of a 65 feet is hereby granted for Lots 3 and 4, Block 1, Phase 2 of Dove
Meadows Subdivision.
Tolsma: Second
Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma of the decision.
Morrow: Let me repeat that for you please, that it is decided that the variance from the R-4
street frontage requirement of 65 feet is hereby granted for lots 3 and 4 of Block 3, Phase
2 of Dove Meadows Subdivision.
Cowie: You have heard the motion, any further discussion? All those in favor? Opposed?
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #7: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER; TABLED APRIL 2, 1996:
Cowie: Staff have any questions or discussion?
Stiles: Mr. Mayor and Council, I think there are still a couple of items that we wanted to
address. One was the designation of the lot for the sewer line on the western boundary.
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Meridian City Council
April 16, 1996
Page 14
Another was the common lot that is shown on, it is shown as lot 1, block 6, these planning
strips there are only 16 feet wide. They don't extend to the corner of the lot. I would like
to see those 20 feet wide and extend the full side of that lot. Gary Smith also indicated he
wanted to make sure that was designated as anon-buildable lot the sewer lot. I am not
sure if he means the drainage lot as well. I believe we are still waiting for the outcome of
the tiling of #hat ditch along the northern boundary between Wingate. I don't know how
much progress has been made, maybe Bruce can address that.
Corrie: Mr. Freckleton?
Freckleton: Mr. Mayor and members of the Council, plans for Wingate Subdivision are
forthcoming, they have addressed the ditch. Gary Lee with JUB Engineers contacted our
office to find out how we wanted that handled. It is our understanding that Dan Wood the
developer of Wingate Subdivision and Dave Leader have reached an agreement on a
single pipe proposal. That pipe would be located in the Dove Meadows side of the
common boundary and JUB Engineers is going to show that pipe in their plans. It should
be shown in the Dove Meadows Subdivision plans as well. It is kind of looking like the
Wingate Subdivision is probably going to be developed ahead of Dove Meadows and we
just wanted to make sure the provision was there to take care of that ditch.
Tolsma: Bruce, has that been coordinated with the down stream users?
Freckleton: There has been quite a bit of study done on that ditch since we first started this
process and it has to my knowledge.
Tolsma: Did Mr. Brian give his approval on this?
Freckleton: I believe Don has taken a look at the plans and as far as I know he is in
agreement to them.
Tolsma: (Inaudible)
Morrow: Mr. Mayor I have a couple of questions for staff. Are you indicating then Bruce
and Shari that underneath our proposal that was done January 4, 1996 that proposal 8
under site specific supplementary connection from the City's water system the pressurized
irrigation system being proposed will be reviewed closely due to the size and the area to
be watered the applicant should provide or shall provide a statement as to the ownership
and operation and maintenance of the pressurized irrigation system, has that been
accomplished?
Freckleton: Mr. Mayor, members of the Council, that pressurized irrigation system it is my
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Meridian City Council
April 16, 1996
Page 15
understanding that we are working together with the developers of what will be Packard
Subdivision and Wingate to build a common pressurized irrigation system that will service
Dove Meadows, Wingate and Packard. I don't think final plans have been established yet
as to the location of that pump site, at least our office has not reviewed those. But that was
the word that we got was that they were looking at a common pump station.
Morrow: Let me ask you this then, if it is a common pump station, what provisions are there
made here or made within this proposal to protect the individual lot owners and guarantee
service. Do we have any information as to how this is to be operated?
Freckleton: Not at this time. I would assume that it is going to be a Nampa Meridian
Irrigation System owned and maintained.
Morrow: Next question is when does it come on line?
Freckleton: Fair question, I don't know.
Morrow: This issue is not is this concept although it may not be a (inaudible) but this is a
new concept with respect to linking multiple subdivisions together for one system.
Freckleton: Yes
Morrow: And has the staff begun to develop any procedures at all for the necessary
safeguards to be in place all the way from the engineering side to the user side?
Freckleton: I don't know what Gary has done on this, I am not aware of any procedures
that he has put into place.
Morrow: Shari I have a question for you on your site specific comments and I think you
talked about this earlier but on number 9, we talked about, although phase 1 of the
development was approved with easements for landscaped areas I believe these areas
should be separate lots which are dedicated to the homeowners association for
maintenance. That was a major problem in phase one both how the pressurized irrigation
system was done also the completion of the landscaping and of course the maintenance.
My question is really three fold, has this been done in such a manner with that common
lot is the ownership of the homeowners association.
Stiles: Councilman Morrow, Mayor and Council, I don't recall the covenants for this
subdivision whether those have been approved yet or not and that would take care of the
maintenance of them. My main concern was the configuration of how those lots are, we
typically require a 20 foot planning strip, our ordinance requires a 20 foot planning strip.
Meridian City Council
April 16, 1996
Page 16
This is going to be carrying quite a bit of traffic, it is going to be a collector. So, I haven't
seen any details on what they are going to do there, my main concern was the dog leg in
the lot, do you have a copy of it in your (inaudible). Something could be remedied easily
but it would mean reducing the frontage of the lots in the remainder of that block. Because
if they had a 20 foot planting strip on that lot it would not meet the frontage requirements.
Morrow: So then the second part of the question is that we have talked, because the
CC&R's are not here we are not sure what the maintenance agreements are, is that
correct.
Stiles: I don't remember having them on the agenda, I don't know if Council could
Morrow: Okay, and then on this plat, it is common lot owned by the homeowners
association as opposed to easements is that correct?
Stiles: Yes, there would be a note on the plat indicating that was the case.
Morrow: The third part of my question is have the issues that were raised in phase 1 by
both the homeowners and the City Council been addressed?
Stiles: I have not been in contact with the homeowners but I don't believe the irrigation
problem or the landscaping is entirely settled as well as the ditch problem.
Morrow: And the ditch problem you are referring to is that the one that affects Mr. Bryan's
property?
Stiles: I believe so yes.
Morrow: Thank you, Mr. Mayor I noticed that the applicant and his representative are here,
I know it is a little unusual, can we have them address these issues. Obviously staff is not
familiar with any solutions to the problems. This has been a matter that has been on the
tabled since January, I would like to hear if there is a resolution to these issues that were
raised.
Cowie: Dave, would you be able to come up here and answer some of those questions?
Hutchinson: Thank you Mr. Mayor and members of the Council I am Ted Hutchinson,
Tealy's Land Surveying. To go to the issues that were raised in the first subdivision Dove
Meadows No. 1 regarding the irrigation for the landscape easement which was done as
an easement in phase 1. Lot 1 in Block 4 right here on the corner is the only lot left to be
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Meridian City Council
April 16, 1996
Page 17
built on in that segment of the landscape strip. There hasn't been a building permit issued
for that lot and because there is no building permit there is no way that Mr. Leader can get
access to water to continue that irrigation system. As noted in the previous public
hearings the owner of that lot has reassured Mr. Leader that he would be forthcoming with
obtaining the building permit so that issue could be resolved so that this would complete
the irrigation system along the landscape area of Hickory way at that point. It is just simply
waiting for that building permit so that they can get the water connection. Again they can't
get that without a building permit.
Morrow: Why?
Hutchinson: Your department will not issue the permit.
Morrow: They will not issue the building permit, has a building permit been applied for?
Hutchinson: No the owner has not applied for a building permit and that is (inaudible) they
won't issue a water permit without having a building permit.
Morrow: I am sorry you will have to go slower here. How does the building permit impact
hooking up the water for the.
Hutchinson: In order for Mr. Leader to get the water there,
Morrow: Are you talking about City water?
Hutchinson: City water, which I believe this was developed with the City water for the
irrigation it was not included in the pressurized irrigation system of Dove Meadows 1 was
done prior to
Morrow: So he paid the well development fee?
Hutchinson: He paid the well development also yes. In order to complete the lines through
there the building permit has to be issued on those lots. The owner of the lot has not
applied for a building permit. Even though Mr. Leader has been after him for quite some
time to take some action here so he can complete that. He can't act without the building
permit being issued.
Morrow: Would those lines be in an easement, these are crossing a lot that has a house
going to be built on it?
Hutchinson: There will be a house built on it.
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Meridian City Council
April 16, 1996
Page 18
•
Morrow: And the lines are continuous through the lot and they are in an easement area.
Hutchinson: I think Mr. Leader could best specifically address the problem he has run into
on that but it has been because there has not been a building permit issued and because
of that they won't issue any permits on that for irrigation line. Regarding the lot which has
the sewer easement on this end that has been an issue about whether or not the sewer
easement should actually be on a separate lot. Lot 23 in this is a common area lot it is a
drainage lot, open space lot it is anon-buildable lot. It really serves no purpose to have
two non-buildable lots adjacent to each other when we can accomplish the same thing by
having it as a sewer easement. I did talk to Gary Smith on this when this issue came up
and. he agreed to a note on the plat because he was real concerned about making sure
there were no structures, play structures or anything of that nature built in the easement.
He agreed with the note on the plat which is held up until we can get the approval on the
preliminary plat, that no structures allowed on Lot 23, Block 2, no trees or shrubs may be
planted within the 25 foot sanitary easement. Gary agreed to that language, that language
is going to be specifically stated on the final plat. In fact we have submitted the final plat
application it has been held up waiting your approval of the preliminary plat. So that I think
we have adequately addressed that issue, I don't think we really need to put another lot
in there because it is anon-buildable lot anyway. It would be a little redundant.
Regarding the lots that we provided as requested by the City of Meridian we really don't
see any purpose would be served by increasing these by five feet. Granted North Hickory
is a collector but it is only a collector until it reaches the next intersection which is just to
the north and it will be in Packard Subdivision from there (inaudible) it narrows down to
local standard streets so that it is only a collector from that intersection out. We really see
no purpose would be served by increasing those lots by 5 feet. They are common area
lots, they are not buildable lots and a not on the plat, on the final plat states that except
those lots designated as open areas all lots are for single family dwelling units. The open
area lots were not buildable. Again we have discussed the note language with Gary and
I believe that we have adequately addressed those issues. Regarding the irrigation
system that is being developed among the 3 subdivisions that are being proposed, JUB
is working on that development. Mr. Leader, Mr. Woods and Packard development are
working closely so that will become readily available and be administered by the irrigation
company in accordance with their operation standards so that there will be adequate water
for those (inaudible). Are there any other questions that I might be able to answer?
Morrow: Questions with respect to this irrigation system, obviously we have not done one
of those before what is the procedure to get, let's assume this is developed first, what gets
these folks water first?
Hutchinson: Mr. Mayor and Council members, Mr. Morrow, the details are being worked
out like I said by JUB engineering and there is 1 believe they have a system that is pretty
Meridian City Council
April 16, 1996
Page 19
u
well in place, again I think Mr. Leader has been first hand in those conversations and part
of the negotiations and I will actually defer to him to answer that particular question.
Morrow: My second question is with respect to the 15 foot common lot as opposed to the
20 fgot, I believe Ms. Stiles stated that is an ordinance requirement and so in order for that
to be less than the 20 feet you have to apply for a variance from that ordinance.
Hutchinson: I was unable to find that requirement for the 20 feet, is there a citation that I
can have on that.
Stiles: Mr. Mayor and Council the planting strip requirement is in the ordinance, I believe
it refers to highways but we have been requiring it on anything above a collector, collector
status and above, local streets of course not but because of the high traffic volumes I do
believe with a 40 acre subdivision to the north with no access to anywhere else yet there
is going to be a significant amount of traffic.
Hutchinson: We disagree with the assessment on the amount of traffic that is going to be
coming through there. After all it is like you say only a collector street until it gets to that
next comer. We don't believe that it the ordinance specifically requires it we believe that
it will be adequately addressed by what we have proposed.
Morrow: I guess that is something we will have to determine.
Hutchinson: Yes
Morrow: Thank you.
Corrie: Mr. Morrow, did you want Mr. Leader to answer any questions?
Morrow: Please, my question is specific in terms of two fold, your explanation of why we
are not seeing the continuation with the landscaping and with respect to the building
permit. How does that impact (inaudible).
Leader: Okay, you see when we designed this and where we got the hang ups to start with
is we were under the impression we could pull and I guess at one time you could pull a
meter permit without a building permit on a lot. But when we built the subdivision they said
you can't do that anymore you have to have a building permit on a building lot to get a
meter permit. So because those were easements, because the meter service was for the
sprinkler system was to be tied into the owners own system we had no way of supplying
water to the landscaping. So we still have the one lot there, Nickie Sigmont is the builder.
I have had a couple calls back and forth, she has assured me that she was almost ready
Meridian City Council
April 16, 1996
Page 20
l__J
to submit plans but as of today I still haven't seen plans. I have contacted my sprinkler guy
to get the layouts done for the sprinkler systems but we don't want to put them in until they
at least get their foundation back filled so they don't get torn back out. But as soon as that
happens we will finish up that landscaping. I think there was some comment (inaudible)
and I said I have no problem with that, it had to be completed by June or something, I don't
know what the date was. Obviously we are fighting weeds already, we want to get it done
and we have a maintenance contract and that is part of it to maintain that area. We want
to get it sodded so they can maintain it.
Morrow: So there is a bigger issue here than just the lines in terms of permit and how the
issue is also partially the foundation for the house?
Leader: No, they have to have a building permit for us to be able to hook up the sprinkler
system on that one lot that is not built on. We want them to get their foundation in so we
can finish because that berm is part of that lot. If we try to sod all of that and they come
in and drive all over it, it is going to have to be done over again. If at least they can get the
foundation in and back fill why then we can finish the landscaping on that lot.
Morrow: The next part of my question is with respect to the three subdivisions and the
common irrigation system can you explain what is going on there?
Leader: We have been talking to Nampa Meridian, the intent is to have a system that
Nampa Meridian will take over and operate, bill atl the homeowners themselves for the
irrigation water rather than the association trying to take care of it. Quite honestly I am not
sure but I was under the impression that John Ewing and Kevin Howell and I am not sure
but I understood there was some overlapping there in the system that is over in Hunter
Pointe and John Ewing and Kevin Howell and another builder that had some ground in
there but I could be wrong, but I was under the impression that had been done before. But
again my assumption was is you would require bonding from all of us, it is our
responsibility to get it built and functional for each of the subdivisions as they come along.
Obviously the part of the design is staging the pumps so the additional pumps come on as
the additional phases of Packard Subdivision come on also.
Morrow: So the system is supposed to be designed so that no matter who starts building
as soon as those homeowners buy their homes they have access to the irrigation water,
is that correct?
Leader: Absolutely, the idea is to build the system so that it is there when you have
(inaudible) irrigation system you can use.
Morrow: One question back on my former question with the lot that needs the building
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Meridian City Council
April 16, 1996
Page 21
permit. Is all of the rest of the landscaping, pressurized irrigation lines in so that all the
rest of the landscaping can be done except for this one lot?
Leader: Again there was no pressurized irrigation except in block 1 there, yes, that is in
and functioning.
Morrow: Okay, so the landscaping then is complete with the exception of this one lot?
Leader: No, I am sorry, there are three lots there on the west side of the street, the one the
people just moved in. I contacted her last week and we got things worked out. My sprinkler
guy wants to do all three, we want to sod all three at the same time. But if she is not going
to get the permit right away I mean we will do the other two because it costs more to pipe
the weeds than it does the sending back to the last lot.
Morrow: I have no further questions Mr. Mayor.
Corrie: Any further questions of the Council?
Rountree: I have a question about the irrigation water, what is the deal that has been
struck there?
Leader: I am not sure that I
Rountree: Running the irrigation across the property?
Leader: Do you mean between Dan Wood and myself? Basically I am paying 60% and
he is paying 40% for the portion that is on our common property line and I am paying for
the rest of it.
Rountree: When would that work be started?
Leader: Well we were hoping to get it started by now but being as we didn't get the plat
approved Saturday I had them plow the ditch and plow in a new ditch over to allow us
room to get in and work as soon as we could. So we haven't coordinated, there was a
question on a box there too that we are still trying to make sure that it is acceptable and
workable for everyone. But plans have been drawn and they have been approved but like
I say there is one box that has a little bit of a question mark so as far as the time table on
building that we had really expected to do that before the irrigation season because it was
upon us and there were still questions on how far it was out for anyone to start why we
haven't built it yet.
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Meridian City Council
April 16, 1996
Page 22
Rountree: What entities would approve that design?
•
Leader: We met with Gary Smith and Bruce Freckleton on the design of it. They had met
on the design down stream on Avest's property earlier than that. Again all this does tie into
that system that is built down stream now.
Morrow: Everything has been coordinated with Avest (inaudible) proper flow capacity, it
has all been engineered (inaudible).
Leader: That is correct.
Corrie: Any further questions for Mr. Leader? Thank you Mr. Leader.
Morrow: Mr. Mayor, I have a question for Bruce, is it clear now to you what the issue is
with the building permit as it relates to the easement for the landscaping for this particular
lot?
Freckleton: Mr. Mayor, Councilman Morrow, I am going to do some checking tomorrow to
find out if there was a separate service installed for that landscaping or whether they are
going to be coming off of that building service. Off the top of my head I don't remember
how that particular lot was set up if that service was specifically put in for that landscaping
or whether it is not. So I will check into that tomorrow.
Morrow: How about the other two, would that same research answer both questions?
Freckleton: Correct
Corrie: Any further questions from Council?
Morrow: Mr. Mayor I have a question for the counselor. With respect to this common, I
need for you to give me some input in terms of the common irrigation system and how we
would handle that. Obviously on the preliminary plat is the appropriate place to make
whatever conditions we need for that but having no experience in that how do we handle
this?
Crookston: It is certainly best to handle it at the time the preliminary plat is approved. It
certainly does raise some questions because we have not had this type of system before.
It could make it a condition of approving the preliminary plat that your questions be
answered and that the irrigation system is put into place.
Morrow: A follow up question, the issue with, how do you interpret the ordinance where
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Meridian City Council
April 16, 1996
Page 23
the 15 or 20 feet as opposed to highway or collector?
Crookston: I wrote down a comment to myself basically. Highway is generally, I would
have to look at our ordinance but a highway is just another name for a street and vice
versa. Highway to people these days and generally meaning means something that you
travel 55 miles an hour on, but I believe in the definitions a highway is also a street.
Morrow: Do we define in our ordinance by way of arterial collector and residential
collector.
Crookston: I haven't looked at that issue.
Morrow: So your advice would be?
Crookston: Well, my advice would be to let me take a look at if we have a definition as to
whether or not our definition sufficiently defines it and whether or not that 20 foot
landscape strip relates to a "highway". Because a highway like I said is generally just
another name for street or roadway unless we have a definition in our ordinance that says
a highway is just as many people think it is today like Highway 55.
Corrie: Counselor, then you are saying the Council can either or in this case they can put
the fight to put more or leave like it is on their preliminary plat without that.
Crookston: What I am saying is I will take a look at it.
Morrow: Mr. Mayor, I would like to get the other guys thoughts here. I would like us, this
is a point of discussion, I would like to see us address the issue that Bruce is going to
review in terms of the permit issue. Also, I would like to see some more information for the
common sprinkler system and how it works and what the pros and cons of it may be. I
would like this issue with respect to the 15 or 20 feet resolved because it seems to me like
at a preliminary plat point if the resolution is going to be 20 feet that means that there is
some replatting of the lots involved. So as a point of discussion it seems to me like it
would be premature to pass the preliminary plat tonight.
Rountree: I would like to add one more thing to your list and that would be is that we nail
down what is going to happen with irrigation systems and get concurrence from the water
user the primary water user that what is being done is adequate. t don't think he left this
evening knowing any more than he already did.
Morrow: And you are talking about the line on the common of Dove Meadows (inaudible)
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Meridian City Council
April 16, 1996
Page 24
Rountree: And Wingate.
Corrie: Hearing that are you ready to make a motion for tabling then?
Morrow: Mr. Mayor I would move we table until our first meeting in May, which I believe
is the 7th.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the preliminary plat for
Dove Meadows No. 2 is tabled until the May 7 meeting, any further discussion? All those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONE/C-N:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SE 1/4 OF
SECTION 2, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN
EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance
#729 read in its entirety? Seeing none I will entertain a motion from the Council.
Rountree: Mr. Mayor, I move that we approve Ordinance #729 with the suspension of
rules.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that Ordinance #729 be
adopted with the suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Nay, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #9: ORDINANCE #730 -WATER METER FEES:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-131 OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN. RE-
ENACTING SAID SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF
Meridian City Council
April 16, 1996
Page 25
THE CITY OF MERIDIAN WITH THE ADDITION OF RELATING TO THE CHANGES FOR
WATER METERS AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from
the ordinance that would like to have Ordinance #730 read in its entirety? Hearing none
I will entertain a motion for Ordinance #730.
Rountree: Mr. Mayor, I move that Ordinance #730 be approved with the suspension of
rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that Ordinance #730 be
approved with the suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #10: FINAL PLAT FOR DANBURY FAIR NO. 7 SUBDIVISION WITH A
DEVELOPMENT AGREEMENT BY B.W. INC.:
Morrow: Mr. Mayor, I would like to have a Council decision on a possible conflict of interest
with respect to my hearing of this issue. I have since the preliminary hearings purchased
a lot from B.W. Inc. EIO in Island Woods Subdivision which is a subdivision within the City
of Eagle that is owned by Dennis and so I don't perceive there to be a conflict with my
ability to make a decision but I think that for the record that relationship ought to be
discussed and whatever decision that Mr. Tolsma, Mr. Bentley and Mr. Rountree would
come to I would stand by.
Rountree: Discussion, I don't perceive that there is any conflict with that Mr. Mayor.
(Inaudible)
Corrie: Hearing that there is no conflict you can vote on this subdivision. Any discussion?
Anybody want a presentation from the representative?
Rountree: Mr. Mayor I would ask a question of the staff. You are in receipt of the
comments to your comments have your concerns and issues been satisfactorily
addressed.
Freckleton: Mr. Mayor and Councilman Rountree, we did receive those and there were no
concerns that were raised with their response.
Meridian City Council
April 16, 1996
Page 26
Rountree: How about the remainder of your responses, were they all addressed?
Freckleton: Yes
Morrow: Is the same true with Shari?
Stiles: Councilman Marrow and Mayor and Council, there is one issue with the
development agreement the applicant has submitted a copy of that agreement. I do have
some issues I do need to work out with them. I would like you to consider authorizing the
Mayor to sign it upon final review of myself and counsel if possible. I feel pretty
comfortable with the conditions that we have set and they had just completed one for
Danbury No. 6 and it is basically the same thing. I think we do need to address some
things specific things on the fencing and Adkins Lane but other than that it is pretty
standard.
Tolsma: (Inaudible) this letter that we have from Nampa Meridian Irrigation District, their
plan said they would like to see another pump put in, do you know anything about that?
Freckleton: Councilman Tolsma I do not.
Torn: Can I address that, Mr. Mayor, members of the Council, I am in receipt of that letter
and I talked to John Anderson and he believed we only had one pump in our pressurized
irrigation station. We do have two pumps and I have corrected that or he understands that
and is not requiring an additional pump. That system is up and running by the way for all
phases previous to this phase 7.
Tolsma: His comments in there stated that there is one pump and (inaudible)
Torfin: Right, he forgot we have a second pump, but I refreshed his memory.
Corrie: Dan, we need that letter if you have it to keep our files current as well.
Torfin: Yes, I need that approval letter and he is amending that letter.
Morrow: Mr. Mayor, I would move that we approve the final plat for Danbury Fair No. 7
subject to all staff and ACRD conditions and also authorize the City Attorney and City
Planning and Zoning Director Stiles to negotiate the development agreement and the
Mayor to sign and the Clerk to attest.
Rountree: Second
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Meridian City Council
April 16, 1996
Page 27
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
(FIVE MINUTE RECESS)
ITEM #11: FINAL PLAT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY MARTY
GOLDSMITH:
Corrie: Council any discussion, questions of staff on the final plat?
Morrow: Mr. Mayor, I believe based on the note that was in our box tonight that it was
received today that there is a change in representation of Mr. Goldsmith's interest, I think
that what I would like to hear is an explanation from Mr. Bowcutt concerning that change
and how it relates to the issues, have been addressed by staff and her answers to those.
Bowcutt: To answer Councilman Morrow's question, we have been retained by Marty
Goldsmith of Farwest Developers to complete this two tpt final plat. All of the engineering
has previously been done and constructed with phase 1. These are two lots that fit into the
culdesac I think that it is Weber Rapids and so all the facilities step to the lot and we are
just processing the final plat. We did receive staff s comments, I sent a letter to Mr.
Freckleton addressing those issues. Made all necessary changes on the plat that he
requested and he has a copy of the revised version. Any questions?
Corrie: Thank you Becky. Further discussion Council or staff?
Morrow: Everything is satisfactory with both you Bruce and Shari?
Freckleton: Mr. Mayor, members of the Council, I did receive those late this afternoon, I
didn't have a chance to really go through a detailed plat. I did go through and compare
responses to my comments and everything looked to be adequate.
Stiles: Councilman Morrow, Mayor and Council, I had not made comments on this two lot
subdivision, however the comments I would like to make are that I believe there are some
trees on a lot that I have asked Mr. Goldsmith to get a qualified expert to look at to see if
they should be removed. On my inspection being an expert it appeared, that the bark was
coming and there was a lot of sawdust underneath and I am just worried about the safety
of leaving those trees on the site. Another thing is since this is two lots, it should have
really been included as phase 1, and that they do have a variance on phase 1 for the
planting strip to be able to place that fence within the planting strip that these two lots only
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Meridian City Council
April 16, 1996
Page 28
be aligned with the fence as approved in #1. South of these two lots is the Eight Mile
Creek, and then they could go back to the 20 foot planting strip beyond there. But it really
doesn't make any sense to have a 20 foot planting strip on these two lots, at least the
alignment of the fence should be only 10 feet.
Corrie: Any further comment from Council or questions? Hearing none I will entertain a
motion for the final plat.
Morrow: Mr. Mayor, I would move that we approve the final plat for Salmon Rapids No. 3
subdivision subject to all staff conditions, P & Z conditions, ACHD and Nampa Meridian
conditions.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the final plat for Salmon
Rapids No. 3 subdivision be approved subject to all conditions of staff, Planning and
Zoning, ACHD and Nampa Meridian irrigation, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, I don't want anybody to misinterpret the conditions, they would include
the conditions that Shari eluded to with respect to the planting strip and the tree issue, was
that clear? Thank you.
ITEM #12: PUBLIC HEARING: REQUEST FOR VACATION OF WATER/SEWER
EASEMENT BY ROGER ANDERSON:
Corrie: I will now open the public hearing and invite the applicant or representative to
come forward.
Jerry Ellis, 9520 Fairview Avenue, Boise, was sworn by the City Attorney.
Ellis: The request for vacation is in regards to a development on Taylor Street. We were
asked as a condition of approval for a building permit to move an existing sewer and water
line. That was accomplished back in, I am close on the dates, July or August of last year.
Since that time we have been going through this prgcedure to finalize the vacation of the
existing easement that has been granted originally for that sewer and water line. The
easements have been recorded the water and sewer lines have been moved and we are
just asking to complete the vacation.
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Meridian City Council
April 16, 1996
Page 29
Corrie: Any questions from staff? Thank you Jerry. Any comments from staff? Any further
testimony from the public? Any further comments or discussion from Council? I will close
the public hearing. We need a motion from the Council.
Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law
as prepared for us by P & Z.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve of the
findings of fact and conclusions adopted by the Planning and Zoning, any further
discussion? Roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree =Yea, Tolsma:
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, Meridian Planning and Zoning Commission recommended the City
Council of the City of Meridian that they approve the vacation of a sewer and water
easement at 75 West Taylor Street.
Tolsma: Second
Corrie: Motion by Mr. Morrow, second by Mr. Tolsma that the decision and
recommendation of the Planning and Zoning Commission be adopted, any further
comment or discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
GROUP DAY CARE BY ANGELA MILLER:
Corrie: I will open the public hearing at this time and invite the applicant or the
representative to come forward. Nobody here, anybody from the public that would like to
give testimony on this request? Council, any further discussion or comments?
Morrow: Mr. Mayor, I would move that we continue the public hearing until May 7.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the public hearing be
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Page 30
continued to the meeting of May 7, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor could we also, do we know that they were notified that tonight they
were on the agenda.
Berg: Yes we send out a notice to them personally as well as the people that are within
the 300 feet.
Morrow: Could we do a follow up notice that this has been continued for their failure to be
here and maybe by virtue and then a phone call so that they don't miss the next meeting.
Berg: Yes I will personally contact the applicant do you want me to contact the people
within 300 feet again.
Morrow: Well no they have had that opportunity by virtue of the fact that we continued the
public hearing.
Berg: I will get a hold of her personally.
ITEM #14: ROD CULLIP: REQUEST FOR SEWER HOOKUP:
Corrie: Council, you have got that, would you like to hear from Mr. Cullip Council? This
is not a public hearing. It is a request that he has.
Cullip: Are you familiar with the paper that I left with you as far as what has happened
from the beginning to the end of the Five Mile Creek sewer hook up. We had numerous
problems throughout the whole thing from start to finish. The reason I am here is to see
if I could connect to the sewer and I have incurred numerous, well totalling about $2700
worth of expenses that I have had to pay out of pocket not including labor. This is just on
damages throughout the project. I worked weekends, everything trying to help the project
be completed, in fact I was out until 1:00 in the morning last night still trying to get my
property back into the condition it was before they did this project. I seeded it, I put in
straw to keep from washing it away. I have some pictures here if you guys would tike to
look at it and see what kind of condition it is in at this point still. I have grass that is
starting to come up, I seeded it. We have had numerous problems starting from the
beginning of where they entered our property at Franklin. They brought a road down to a
manhole and they built the road up level with the fence and I had one of my horses chase
another horse chased it over the road of course since it went over the road it got all hung
up in the fence. That ended up costing me about $700 total and we were two. months
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doctoring it, we had to put it in an enclosed area because it ripped it open clear to the
chest. We had to keep him contained because every time he took a step it sucked air
inside his body, clear through his skin and we spent two months doing that and in the
meantime they are doing this project out there and they pulled a concrete truck in there
and of course it hit the air brakes coming in my drive way and scared the colt and he
jumped out of the fence and broke two of my gates, bent them all up and nobody informed
me of that. I come home from work and it was standing there with its back leg bent out of
site. I called a vet in on that and had it checked out. The next morning I asked the guys
about it and they go oh yeah we changed the gates out and put him back. That I incurred
$200 on the gates there. The price of what it cost me for the vet fee. The different things
where it lists Masco let me use some of the equipment I was using the equipment trying
to get the property back into the condition it was. They couldn't they kept digging it instead
of getting it to where it would irrigate property they would dig it up and I would get big
holes, washes everything. To bring a long story to an end this is what I have ended up
with and I would like to know if I could have some of this removed on my cost of hooking
up to the sewer basically is what I am asking.
Morrow: Mr. Mayor, I have a couple of questions here, with respect to everything that I see
before me indicates that the easement here is on property owned by Gary and Sandra.
Cullip: That was the original owners at the time of the contract yes.
Morrow: Is there any record of sale that indicates that you are the owner?
Cullip: I have the contract right here.
Morrow: Is it a recorded contract?
Cullip: (Inaudible) We had the contract in April of 1995 on the property and that is when
we started fixing it up putting in all of the stables and stuff for the horses and we have had
our horses out there for seven years now.
Morrow: My next question is with respect to the gates that were installed on your property
were of the standard apparently that is listed here for the rest of the project and it says the
City purchased Powder River gates which is apparently a grade above what they put on
other properties within this project.
Cullip: if I may comment on that, the gate they used is the cheap ones that they have over
at D & B, they are $39 they are the, they are just a utility gate is what they are. My horse
walked up and bumped it with its chest and it just bent like that. The neighbor next to me
had his gate replaced also because the cows in the pasture next to him was rubbing their
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April 16, 1996
Page 32
but on it and bent it in about a foot just from rubbing against it. The gates that they had
up originally has sheet metal that is wrapped in metal and it has raw edges and I explained
to them that I have had somebody that had horses that got his hoof in there and it just laid
it wide open. It is just a raw edge sheet metal edge. The Powder River is specifically for
cattle and I didn't specifically request the name brand I just said something that would hold
up.
Morrow: And were these gates in replacement to gates of yours that had been there or are
these totally new installations?
Cullip: No they were the replacements of the original ones they were installing, they did
not install them. They started installing them and that is when I had one of the horses
come up and rub against it and it just bent. It is a real light utility gate is what it is, just a
utility gate.
Morrow: I understand that, but my question is were there gates there before, before this
project started?
Cullip: Yes
Morrow: And what brand were those gates?
Cullip: They were a different style, they were really heavy gauge metal, I can't specifically
think of the brand name.
Morrow: But they were on the property prior to the project.
(Inaudible)
Cullip: Oh, they were just fenced areas, but they had to put a gate so they would have
access coming through the road.
Morrow: So for these two gates there was no prior gate in that area.
Cullip: Right, it was just fence is what it was.
Morrow: Then, apparently around, there is an issue of $1155 of concrete around culvert
heads. There was apparently 11 of those done.
Cullip: Okay, they put culverts in because the water was running across the road and it
was washing the road out. So this is something that I had Rick come out and look at and
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Meridian City Council
April 16, 1996
Page 33
he said okay we need to put culverts in. I said where this is washing it here and here and
here and I showed them the places and then they come out and they were installing the
culverts. Well on the end of these culverts when they cut them they leave little spike
shavings or the metal when they cut it and it was poking out on the ends. I just made a
suggestion that we need to put a collar or something on that because if a horse hits it, it
is going to lay the bone open. Of course you can understand my concern with all the
problems I had previously to that. I had a mare that stepped on a survey stake and drove
a four inch piece of wood up into her hoof too above and beyond the other (inaudible).
Morrow: With respect to this particular survey stick was it within the easement area?
Cullip: Yes it was within the easement. What happened is they had the horses divided off,
they were coming in and they were doing the work. Well the neighbors would flood them
out so they would just pick up and leave and go do other jobs. Then they would come
back and try to do some more work and their equipment would sink, it just had water
standing down there. They built all the dirt up to a certain area, well when the neighbors
watered it would run down and seep right down because they had it dug lower than what
the water level was. So it would seep into the areas that they were working.
Morrow: This is irrigation water?
Cullip: Irrigation, yes sir.
Morrow: And the purpose of the culverts under the road was to get the irrigation water into
the (inaudible)
Cullip: To the other side of the pasture, because when they put the road in they were
blocking the water from getting to the other pasture area that the natural water flow, the
irrigation went over through the other pasture and (inaudible). Would a picture give you
a better idea. (Inaudible) All of this fencing that I have added here to keep this all
separated and here that is not in that cost, that is above and beyond. I just put down the
cost of the things. But see the natural flow of the water came down here and went down
through the pasture and into the creek there. Well went they built the road, see how it
dammed up all the water, it just came down and it was washing out the road.
Morrow: So let me ask you this is there any access now across this to the pasture that is
between here and the creek?
Cullip: Through the culvert yes.
Morrow: No, my question is your animals don't cross this road to this little bit of pasture
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Meridian City Council
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Page 34
here.
Cullip: No, I have it divided off right now. I am going to be another year without hay on half
of my property because of this whole project that is why I fenced all of this off so that I can
get it to grow before I turn my horses out onto it.
Morrow: Let me rephrase the question, do you use any of the grass between the edge of
this road and the edge of this creek?
Cullip: Right now?
Morrow: Yes
Cullip: t just put the horses out onto it now.
Morrow: Okay so they travel back and forth across this road to this land?
Cullip: Just on the road to this land. This is all separated off, and the only reason I have
them down there is because I just planted the top section which is in one of those pictures,
this top section here I just planted that whole thing. In fact I have gone through and had
to reset all of their posts. This is how they left the fence, that was their fence job, that is
the quality of the work that they have done on it. I have redone the fence work and stuff.
In fact I have gates that you can grab them and the posts that they are connected to you
can just lift them up and down. So I have to water settle all of those too.
Morrow: Let me ask you this we have a letter here from Masco and I will read a couple of
the paragraphs. It says, "in order to get Rod Cullip to agree that he had been reimbursed
from Masco Inc. we furnished him with seed and fertilizer for his pasture, he borrowed our
backhoe on a couple of Saturdays, he also made use of our road grader to grade his
pasture the way he liked it and we installed a four inch sewer line for him at no charge.
Rod Cullip recently expressed to me within the last couple of weeks that he felt that he and
Masco were even for any inconvenience caused him by the sewer work we did on his
property. If I can offer any assistance please do not hesitate to call.. Doug McMasters,
President." Do you have a comment concerning that position?
Cullip: Well, it is not as far as, you have seen the amount total of what it has cost me. As
far as does it equal out, no. What he is saying is they are not liable for any of the stuff that
happened because we had that discussion (inaudible). Masco came out at the same time
and said that neither of them were at fault for everything that happened. It was my problem
and that is what they both told me. Because of the horses getting hurt, the different things
that I have had to do to put it back in the original condition. They just up and left the job,
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Meridian City Council
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Page 35
they were doing other work, they couldn't work there because they kept getting water
penetration through there and it would sink their equipment. The reason they left that
grader it was for one day my brother came down from Alaska who is the original owner
and that is what he does is excavation. He used that grader in one day what took them a
week to attempt to do. What he did is leveled it out so the irrigation water would pass
down through the area that they did all the work. Because there were dips and humps and
water wouldn't run right and all of that (inaudible) four wheeler with a little dozer trying to
get it all leveled out with the irrigation coming through it. I requested for Doug to let me use
the backhoe to go down there and build up a berm because the water was going across
the area they did the work and washing out the road. That was the extent of the work they
have done with the backhoe and with the grader.
Morrow: Did Masco furnish you with seed for the pasture?
Cullip: The seed they left was five bags of fertilizer, about 10 pounds of university mix and
about 30 pounds of another mix, which was not adequate, it was only enough to do about
half. So I went and bought all of the seed and seeded everything. That was just, they were
figuring on 20 or 30 foot path or whatever they said there but it was actually, I measured
it was 90 feet was the disturbed ground that they had done the work in. That was 450
yards was the total length.
Morrow: I have no more questions.
Cowie: Other members of Council questions?
Rountree: I have a question for counsel, on exhibit C on the packet I have the last item,
item 5, it seems to be a remedy here or at least the conditions that (inaudible) property
would be returned to its current status (inaudible) design elevation, etc. My question is that
the cost of the City or is that to be (inaudible) contractor?
Crookston: It is kind of hard to tell from this document, it references in I at the very end,
it says as specified by the grantor except as provided in paragraph in 1 A, VI. This in
exhibit C, the way I read this these are things that must be done by either the City or the
contractor.
Cowie: Mr. Crookston, do we have a contract with the contractor as well that states that
they or us is responsible for that?
Crookston: I haven't looked at it for quite some time Mr. Mayor. In I it says that the
property owner fully understands that sheds, buildings, fences, trees and other types of
improvements cannot be replaced within the permanent easement as specified in this
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Meridian City Council
April 16, 1996
Page 36
easement agreement. I guess the question is are the problems actually in the easement,
were they outside of the easement?
Cullip: They had 70 feet that was for the working easement.
Rountree: My other question is this easement is not with these folks but with your brother
apparently. How does that play into this?
Crookston: It would depend upon how the property was transferred from the previous
owner to Mr. Cullip as to whether or not Mr. Cullip took it subject to the easement
agreement, as to what rights Mr. Cullip has. Just on my initial reading of that it would
depend upon where these things happen.
Cullip: We have had the property in our family for 25 years, my mom and dad had it
originally and then my brother bought it from them and then I bought it from my brother in
April of last year.
Crookston: Bruce, you have a comment.
Freckleton: Yes, I just wanted to bring up a point, when we were trying to get this project
closed out which we have been trying to do for quite some time. We sent a letter to the
record owner Mr. Gary Cullip in Alaska, he was the one that executed the agreement. We
sent him a letter explaining to him that Masco was nearing completion of the project and
that we would like for them to respond back to us with anything that was yet to be
completed. We got no response to our letter, we did follow that letter up with a certified
letter that said please respond to us within X number of days or we will assume that
everything is done to your satisfaction. We got no response to that letter. So, I don't know
how that plays into this.
Cullip: The other letter that he sent, my brother had sent down to me, I had called Rick
Clinton at that time to let him know and he also said in here that he didn't realize that I was
the property owner. On 3-29-95 we all met out at the property except my brother of course
they were in Alaska. My mom and dad, me and my wife and with Gary Smith the City
Engineer at 1:00 P.M. on Wednesday and we had discussed that they were going to run
the sewer through the middle of the property and Gary had expressed his concern prior
to that they keep it as close to the creek as possible. At that time I told them that we were
in the process of working out a deal with my brother to buy it and that was in March and
that was prior to this work taking place. When I bought this we bought it in April of 1995
and they had started the work right after that. In fact, maybe it was before that actually they
started the work. It was on March and we got it in April. Because on March 22, when we
bought it I had a mare that had twins and she aborted them and I just buried them out on
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Meridian City Council
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Page 37
•
a mound out there and a couple of days later they came in with the dozers and just dug
it all up. That is what this whole thing that is how it started.
Crookston: Where you buried them was that within the easement?
Cullip: It was up above the easement, but like I said they went more than 70 feet, they took
a whole section out because they needed a place to pile all of the dirt so they could do all
the work. Then they used my driveway as a staging area.
Bentley: Mr. Mayor, Bruce, do we have any feel of the pre-construction site? Do we have
any video tape of the pre-construction site?
Freckleton: We video taped the entire corridor of the project prior to construction yes.
Bentley: Have they been reviewed?
Freckleton: I don't know, I could find out. Gary Smith and Rick Clinton and Tim Elliott have
pretty much handled that project. Tim being our on site inspector.
Bentley: Mr. Cullip, I have a question for you, the four inch sewer line that they placed on
your property free of charge what do you expect the worth of that is, the value of that?
Cullip: He sent me a bill for $350.
Bentley: Are you currently hooked up to that?
Cullip: No I am not and it is only half way, it is not over to my septic it is only half way out
to the driveway.
Crookston: You are not talking about connecting your septic to the sewer are you?
Cullip: No, but right at the septic is where they had it and then run it over to the sewer
when they connect up. No, not by any means. That is why I am here to request to be
connected to the sewer.
Crookston: I just have one comment in our sewer and water bonds we have a restriction
against granting any free connections.
Cullip: I am not asking for a free connection. I am just asking for a trade out.
Crookston: That is what I am saying, if it is the Council's desire to do this you need to
Meridian City Council
April 16, 1986
Page 38
characterize it as because this has occurred that the City recognizes that it has an
obligation if it does. I am not saying that the City does in any fashion but if the City decided
that then that needs to be set forth that is payment for the sewer connection because you
cannot grant it without payment for the connection. I would like to look at the document
again, the easement it is rather difficult to do it, I didn't read it but it is rather difficult to give
any kind of interpretation until you look at it more substantially.
Freckleton: Mr. Mayor and members of the Council I did want to bring one other point to
your attention, the service line stub that was brought off of-the trunk line toward Mr.
Cullip's property was not part of the original plan set as approved. This was a later added
stub the City issued a change order for this at the request of Mr. Cullip as I understand it.
We did get billed $1020 for that stub and typically it has been customary in the past that
cost is passed onto whoever is hooking up. So, that should probably be taken into
consideration when you are considering the cost of connection here.
Cullip: When I asked about that being hooked up they said that I was not going to get
charged for that, that they would provide it to the easement and then I would have to pay
from the easement to my property.
Rountree: Apparently that is the case, the City got billed for it is that correct Bruce?
Freckleton: Yes, we got the bill for the connection off of the trunk line. Who was it that told
you you wouldn't be charged for that?
Cullip: Rick or Tim I am not sure which one was out there when they were doing it. I think
it was probably Tim, I didn't see Rick very often.
Rountree: Bruce, has this project been finalized?
Freckleton: No it has not.
Rountree: So there is still remedy for an existing situation out there that may not be
correct?
Cullip: And to bring up something else too, when I received
Rountree: Excuse me Mr. Cullip, Bruce?
Freckleton: Remedies for the current situations, we would like to get this thing put to bed.
We feel like we have done quite a bit on this particular site trying to get this resolved. I
don't know if that answers your question or not.
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Meridian Gty Council
April 16, 1996
Page 39
Rountree: Well (inaudible) but there is (inaudible} property would be returned to the similar
state that it was prior to construction. That has not been done and that needs to be done.
tf it has been done then the remedy is there. Some of these other problems with respect
to the contractor and animals I am not sure that the easement addressed that nor
(inaudible).
Freckleton: I think the issue with the confusion over who we are dealing with has been
there for quite some time. Our records, the Ada County Recorders office and the
Assessors Office still list Mr. Cullip as the record owner of the property, they hold the
easement, we dealt with them to secure the easement. We felt like they are the player in
the game.
Bentley: Mr. Mayor, I would be willing to make a motion that we table this for the next
meeting and in the interim have staff review the preconstruction tape to get their input back
on the site inspection and then get the input from counsel.
Rountree: Second
Corrie: Motion is made by Mr. Bentley, second by Mr. Rountree that this be tabled request
for sewer hook up until May 7 with staff input, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
Corrie: Rod what we will do is get some more staff input on this one and get back on the
7th if you would like to come to that meeting we will get in contact with you.
ITEM #15: AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING:
Corrie: They are asking for relief in completing the landscaping, irrigation system along
the frontage until after the opening of Fred Meyer, two retail buildings of lots 2 and 5.
Council, I guess they are setting up for your questions.
Durken: For the record I am Larry Durken, I am the developer of record for the project.
There are really three areas that we would like to talk to you tonight about and go over as
detailed or as briefly as you desire. But this, the first area is the landscaping north of the
loop road. Everyone is familiar I think with the site and the condition of where we are. You
are aware now that the Highway District is doing a substantial amount of work here.. That
has caused us some delays, we have been ready, willing and able to go forward for some
time but the scope of work for the contact there was a lot of negotiations between the City
of Meridian and ACHD that delayed their start and delayed, limited our ability to complete
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Meridian City Council
April 16, 1996
Page 40
some of the work that we are obligated to do under a separate agreement with the City.
I would like to talk about that, the landscaping in front of Lot 7 which is the Chevron parcel.
I would just like to talk about the precise timing of that portion of the project. Then the final
completion of the perimeter (End of Tape) only because of the delay in the commencement
of the ACHD work. So, the first thing that I would like to ask you that the property north
of the loop road we are, what we would like to do is berm that with top soil, smooth it off,
finish it off nicely but delay the landscape planting of that berm until we have completed
the planning for that portion of the project. We are under construction now, the storage is
under construction now with the mini storage in the northeast corner of the project and this
is going to be a later phase going over towards Locust Grove so what we would like to do
is delay the tree planting of bushes along that berm and go ahead and, we will finish the
berm off nicely of course with the development agreement. We are continuing to leave dirt
along in this area, I remember Mr. Bryan, his first name escapes me, we are leaving the
top soil over in that area to screen his house. So that is the first request that we had.. The
(inaudible) put another plan up real quickly. The Chevron station has been in for buildings
permits for some time and I expect the permit to be available if it hasn't been issued
(inaudible) it is any day that it will be issued. As soon as it is issued he will begin
construction of the improvements for the building and the parking area. What I suspect
is going to happen is the landscaping berm in front of Chevron which is tied to our overall
development agreement for the overall project that is not going to be completed when the
shopping center is ready to open in June. So what we would like to do is ask you to tie the
completion of the perimeter landscaping in front of Lot 7 directly to the occupancy permit
for the Chevron. Which we expect that to be probably around September that he would
be open and that portion would be completed. We have just been unable to work in that
area because of the delay with the ACRD project. If any of you aren't familiar with that,
when we negotiated the development agreement with the City and we obtained all of our
ACHD approvals the scope of work for the ACHD project was quite small. That ACRD had
some future plans that they decided to move ahead and City had some desires and things
that they wanted to have happen in the area with drainage an things that aren't related to
our center. So they drastically increased the scope of the project. In doing so it delayed
the start of it because of the design and the negotiations with the City and it really isn't a
reflection on our performance it is not anything that we have had control of. So, our
second request is going to be to delay the completion of this berm, most of the top soil for
that berm is in place right now, but it is just the irrigation and other things because of the
ACRD work we would like to delay that until September. Several months ago we were
here for, we had a similar discussion relative to the McDonald's. As you know the
McDonald's is open. We bonded for the work along this parcel because we were unable
to, at that meeting the design and the negotiations between the City of Meridian and ACHD
weren't completed. So we wanted permission to open McDonald's without having that
landscaping finished and we did bond around it. We have two other buildings under
construction right now, parcel two, and parcel five in the southeast corner of the shopping
Meridian City Council
April 16, 1996
Page 41
•
center portion. We have about seven small tenants going into those buildings and the
improvements for their stores and shops and different things that are underway right now.
According to the contract with the site contractor and according to the ACHD schedule we
expect to be able to finish that perimeter landscaping along Locust Grove and Fairview
approximately by mid-June. That will coincide with the occupancy permit for the Fred
Meyers store and also coincide with their grand opening. However we would like to open
some of our small shop people would like to open on their buildings earlier than that. They
will be finished, I wouldn't say all of them but I think it is fair to say that more than half of
the small shops would like to open. The development agreement requires an occupancy
permit it limits an occupancy permit from being granted unless all of the work within the
development agreement is completed. So what I am asking you for tonight is some relief,
I don't have precise, I can be precise on the end date for that work would be mid-June but
we would like you to consider allowing some of these small tenants the TCBY and the dry
cleaners and some of those people to open prior to the completion of the work on Fairview
and Locust Grove. And again I just want to emphasize that the reason is that work is not
or will not be completed any day is only because of the ACRD delays and (inaudible) we
were not party to any of the delays. I would be happy to answer questions.
Corrie: Questions from Council?
Rountree: Did I understand you correctly, that you anticipate completion of the perimeter
landscaping by mid-June?
Durken: Yes, but specifically we anticipate the perimeter landscaping by mid-June on the
shopping center portion. (Inaudible) This, the berm work and top soil and everything is
in place all along here. The irrigation system is in place, we have just been advised by the
contractor that it would be irresponsible to do the planting and seeding and sodding and
everything else until this work is finished otherwise they would have to put it in and then
the ACRD contractor would have to come back in two weeks and replace it. So the final
completion of this work is the work specifically that we would like to delay until mid-June
and that would, this portion down in front of lot 7 which is the Chevron that is the portion
that we would like to delay until September. The reason is we are, we would like to
coordinate the completion of that the finishing of that with the completion and finishing of
the Chevron store.
Rountree: (Inaudible) you indicate indefinite (inaudible)
Durken: I want to clarify indefinite because I am not asking for indefinite. I would like to
ask you specifically, we would like to delay the finish work, I am not dealing in the berm
work, the berm is partially installed right now and will be finished and we would like to
delay the planting along that berm for a year. That is primarily because of the phase of
Meridian City Council
April 16, 1996
Page 42
the work the availability of water, the availability of water to maintain the plantings that we
would put on that between now and a year. So this is the portion that we would like to
delay for that period of time and we would be happy to bond for that portion for the
completion of the irrigation system and the plantings. We have not been able to put in the
irrigation system to date because of the unknowns and where the water lines are going to
be and what is going on with ACRD that wasn't resolved until just several weeks ago.
Rountree: (Inaudible)
Durken: And that, we are not asking for any relief there. The only thing I am talking to you
tonight about is the finish landscaping.
Rountree: (Inaudible) affects the landscaping (inaudible)
Durken: No, most of that is being done and that is not (inaudible).
Tolsma: (Inaudible) maintenance of that as far as weeds and (inaudible)
Durken: We are, it has been a grass deal for a long time but we will mow it and take care
of it like we will the rest of the field. There will be a portion in this area, right now we are
doing the mini storage in this area right here and there will be a fairly substantial field area
that we will maintain. It is not unlike the South Shore shopping center that we have in
southeast Boise. We had a large field area behind that, we had charitable organizations
pick up the litter four times a year and we make a contribution to them and we mow when
necessary. We have the Boy Scouts and the marching band and these type of .people
maintain it.
Tolsma: (Inaudible) they want to coordinate their berm along with the rest of the berm on
Fairview?
Durken: Actually we are responsible for that, it isn't Chevron doing the berm. But with the
ACHD work that is going on there we cannot start that finish work until probably mid June
and right at that, mid-June there will be a substantial amount of work with the Chevron
going on as soon as ACRD is finished right on the other side of the parking lot. So what
we would like to do is delay the final completion of the plantings an that section and
coordinate that with the opening of the Chevron or September 1st which ever would occur
first.
Bentley: What do you propose to do to control (inaudible) for a year, what are you going
to propose to protect the neighbors from the dust, the weeds?
Meridian City Council
Apri 11 fi, 19~
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•
Durken: Well, we are going to seed it, we seed it down and mow it. We have a real similar
very similar situation in Southeast Boise behind the Albertson Kmart center, I don't know
if you are familiar with that in that area where we have, that is where the idea of storing
the top soil came from here and we have a large about 30,000 yards of top soil stored
there and we have been there three years and we are now under the same situation that
we are here as far as we are just delaying the final development there and that is fine with
the neighbors and everyone is happy. It hasn't been any trouble with the way we take care
of it there hasn't been any trouble with the dust or weeds or whatever. In three years
haven't had a complaint about that. We had a few calls on litter and we are on a real set
program set up.
Bentley: If you are going to seed it how you are going to water it?
Durken: Well what grows, it is just (inaudible).
Bentley: I don't know if the neighbors are going to enjoy looking at dandy lions and weeds
sprouting up and blowing into their yards with the seeds.
Durken: That is, as far as the open field area, (inaudible) that has been our intention to do
that all along. But it is our intention to finish this landscape berm along there but we would
like to coincide that with completion of that that the development of that portion as far as
the finish work on that is concerned.
Rountree: When last I looked there was a fairly sizable amount of dirt out there, you keep
talking about this flat field you are going to seed and mow, is that going to be removed, is
that going to be spread out.
Durken: It is in our contracts, it is in our permit plans, everything that we have the City that
is, where it actually, we are leaving some along this property line as (inaudible).
Rountree: Is there a time certain on that though?
(Inaudible)
Durken: We have a contract with the site contractor and that is in his contract to remove
that. Technically it is supposed to be out by mid-June and that is by the grand opening of
Fred Meyers.
Morrow: Mr. Mayor, let me ask you this, why don't you just bond and go-for temporary
occupancies on these three areas?
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Meridian City Council
April 16, 1996
Page 44
Durken: Well, that is not an unusual suggestion but the shopping center area the delays
are not they are absolutely not our fault. We started the shopping center when we
planned on it, the City had our schedule. Our schedule is in the development agreement,
ACRD had our schedule and ACRD put the brakes on the off site work because of
discussions and negotiations that they were having with the City and that happened after
we were under constnaction. And so it puts a burden on us, a bond is only to assure you
that we are going to perform and I think that you as a City should have a high level of
comfort that we are performing, we have performed and we are continuing to perform. For
us to bond around the work when it was delayed as a result of the City and ACHD's
negotiations I am not saying that either of your were wrong but it was not caused by any
delay on our part whatsoever. It could be argued that there was some delay due to
weather but not enough to make the difference so I don't think that it is fair to require us
to bond under those circumstances. The Chevron section if you tie that finish work into the
occupancy permit for the Chevron it gives you, there is a million dollars worth of
improvements going on at that one lot and that if they can't be occupied until the finish
landscaping is done I think that should be sufficient assurance to the City to be finished.
Again that would and could be finished by today very easily. But the reason it isn't it is due
to the delay with ACRD and the City. By the time we are out of that delay period it is real
uncomfortable time to be seeding and sodding, planting $800 trees and then digging a
hole on the other side of it. So the delay caused by the City and County has gone into our
schedule. But I think a bond is to give you assurance that something is going to occur and
if it doesn't then you will have the ability to step in and finish it. By tying it to the
occupancy permit for the Chevron I think that you are protected. This perimeter work in
the shopping center is all tied into the occupancy of the Fred Meyer store which is a $15
million store and if the trees aren't planted and the grass isn't planted they can't open their
store. I think you have, enough assurance there that work is going to occur. This is the
area that is in question, we are asking you to delay it but I just thought while we were here
it would be a good time to bring up the other matters. But I don't think it is necessary and
I don't think it is fair to ask us to bond for the shopping center portion.
Morrow: Let me ask you this question, the only area that was in dispute between the City
of Meridian and ACHD was essentially from the loop road to the norther property line. It
was my understanding that originally that work for the rest was to be done by you.
Durken: Councilman Morrow to give you an idea in dollars the scope, the scope went from
$53,000 to about $460,000 and so that is a tremendous difference. The County delayed
(inaudible) in the design work until they had the matters worked out with the City. So none
of the design work could be started by the engineering firm until the issues with the City
were resolved and they were more issues than this. I don't know the specifics but I know
there was something to do with drainage and underground irrigation work along Fairview
Avenue that there were substantial meetings on that. That had nothing to do with our
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Meridian City Council
April 16, 1996
Page 45
project or our work.
Morrow: I am not aware that those issues had anything to do with us either. The only issue
that I am aware of with ACRD was the question of the road alignment from the loop road
to the north property line.
Durken: I think you are aware of when that was completed. They would not allow any
design on any portion of the Ada County Highway District work much less any work until
the entire thing was done. We tried and tried and they said we can't do anything until we
get together with the City of Meridian and so I don't know who exactly the dealt with here
but I know they were, the day that was finished it was a design started that day and we
have been working as fast as we possibly can. This wasn't a delay caused by us.
Morrow: I have some questions with staff after we are done.
Corrie: Other questions with Mr. Durken? Thank you Larry, questions of staff?
Morrow: Yes, Shari, comments with respect to this issue?
Stiles: Councilman Morrow, Mayor and Council, I believe it was Mr. Bauens that called
and asked about this loop road issue. There was no date, the landscaping north of the
loop road they just wanted it to be indefinitely until they completed their plans for that lot.
The development agreement specifically stated that all landscaping, all other
improvements would be in place prior to any occupancy on the entire development. Those
included improvements through Don Bryan's property. I wouldn't have any problem I
guess particularly with the Chevron portion. However if you want to delay these
improvements going to the loop road I will be handing out your number.
Morrow: Delaying the improvements on the portion north of the loop road.
Stiles: Yes
Corrie: Council, this is the Council's meeting but I am still concerned with Bentley's
question about you put the berm up there and there is no water you are going to get a lot
of problems there. I don't know how that is going to come around.
(Inaudible)
Durken: There has been a lot of spontaneous growth on the piles just from the weeds and
grasses that are in the dirt and they will grow. Our pile that is out there in Boise we don't
sprinkle anything, it (inaudible} grasses and weeds and whatever sprouts up out of it. It
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Meridian City Council
April 16, 1996
Page 46
holds the soil in place for dust control. We don't irrigate it at all.
Bentley: That is the problem that it is going to create weeds and blow into the neighbors
yards.
Tolsma: (tnaudibie)
Durken: We haven't pursued that no.
Tolsma: (Inaudible), it is not a high growing grass but it is (inaudible)
Durken: Something that could be pursued, we will have to investigate that. Actually we
have talked to a couple of the neighbors and they were fine with it. There is a meeting
with the neighbors that we are working on scheduling now that the people that live directly
across the street you probably remember that we are placing dirt on their side of the road
and giving them money for their landscaping and we are coordinating that with them right
now. I would be happy to have someone from the City at that meeting so that they could
give their input. Keep in mind we are talking specifically about the berm area. There is
going to be a very large open field that isn't going to be, we are going to grade it down and
seed it but it is not going to be irrigated so what we are talking about is the 35 foot berm
section only. It is a (inaudible).
Morrow: One further question, what is the estimated value of the areas that would not be
landscaped, not the dirt work just for the landscaping.
Durken: In that portion?
Morrow: In all portions?
Durken: I would have to get a complete break down and work with staff on that, I don't
have that right now. Actually Councilman Morrow I do have, a lot of it will be completed
it depends on where we are on that particular day. Where we are on June 15th. So it is
kind of a moving target.
Morrow: I understand that you have some small shops that wish to open prior to that.
Durken: Right and I have a contract and it is specifically broken down how we can.
Morrow: I would like to know those amounts of monies that are actually for the
landscaping, approximate.
Meridian City Council
April 16, 1996
Page 47
(Inaudible)
Durken: On the McDonalds we used I think it was about $5,000 for that, that was the bond
for that specific parcel.
Morrow: The bond was for $5,000.
Durken: It was right in that, it might have been $4,700 or $5,300 but it was right at that.
Morrow: Approximate is fine enough, and what was the cost of the bond?
Durken: Well we just put up the cash, we deposited a CD with the City.
Morrow: Could you not bond for a percentage of value?
Durken: We could
.Morrow: Typically those run 1 to 10% depending on the type of bond.
Durken: It depends on the circumstances but it is a lot, it is a real hassle for the time that
we are talking about. It is a real burden for us to go through that, they have to send an
underwriter out and it is quite a bit, we typically don't do it that way.
Morrow: Why wouldn't, is it a lot different than a normal performance bond as in the case
of a construction project?
Durken: Yes, it is a different procedure that is gone through.
Morrow: In what manner?
Durken: Well, for this type of a bond they are looking for with a construction company you
have a payment and a performance bond and the contract in place with between the
owner and the contractor and the City with the kind of bond that you are talking about that
we are bringing in, it would be a bond between us and the City and there is not an
experienced person contractor in the middle of it so it makes it a little more difficult. We
found that it is really easier to put up the cash. I really want to stress to you that the
shopping center work is with the bond that you are asking for, we are talking about, it is
really assuring that the work is going to be finished. I think that you should have all the
comfort that this work is going along and being done.
Morrow: Let me comment on that for just a minute, it is kind of an editorial type of thing.
Meridian City Council
April 16, 1996
Page 48
•
But the issue and to be very candid with you, since my time on the Council the Avest
proposal has been the class act of all the proposals that I have heard. Having said that the
issue here really is that one of the major frustrations of government from my perspective
in the private sector is that you can neither punish bad or reward good. If in a sense you
have to be blind and so the procedure for requiring bonds for whatever is not a reflection
upon either you personally or all the players that are part of Avest. It is a situation where
as a City sure we are getting a great rapport we are getting a great projects, things are
being well done but we also still have to be blind to that. I can see what you are saying but
I want you to understand also from our perspective the things that we have to address.
Durken: I can appreciate that but I think that the idea with the bond is to provide the City
~ Hammer and make sure that the work gets finished and the scope of what we are
planning on opening prior to this completion is minute compared to the amount that is
going to open around the 15th of June. So your control is we are going to have a 1000
square foot dry cleaning store and then we are going to have a 1000 square #oot yogurt
shop open. We are going to have a mail box store and a beauty salon but we have
172,000 square foot store with $10 million worth of inventory sitting there that can't be
opened and I think that when you look at your power and control you can't be blind to that.
On the other hand to put the burden on us of a $15 or $20 million bond that is a result of
delays that have been caused by the municipalities negotiating and discussing things with
themselves where we haven't been a player or a party and we haven't had any control
over it. You are punishing us for that delay and you are nqt giving yourself any additional
leverage over us when you get the scope.
Morrow: Where does the $15 to $20 million fit in?
Durken: Well if you were to say that there are 3 different buildings (inaudible) $15 to $20
thousand not $15 to $20 million in bonding. But we already have $5,000 in cash and a CD
with the City. We have two other buildings. So if you were to say well we will put $5,000
on each of those we have $15,000 in cash bonded with the City to get this work finished.
Yet you have a $15 million discount store and grocery store that can't open until the work
is finished. I am not asking for any relief in that area, we are only asking for a relief in a
small shop, that some of the small shops can open prior to the final landscaping being
finished on the perimeter. Does that make sense?
Morrow: f understand.
Corrie: Any further comments? Thank you Larry. Counselor?
Crookston: I was just stating that for this change that there would need to be a change in
the development agreement also. Well basically the development agreement says that
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Meridian City Council
Apri 116, 1996
Page 49
C~
there will be no occupancies until the landscaping and those kinds of things are done.
Morrow: So, what you are suggesting is that even if we ask for a bond or however we
chose to discuss this we would still have to discuss the development agreement to get it
accomplished.
Crookston: I think you need to have something to say that development agreement is
altered. It may be a half paragraph statement but it needs to be done.
Tolsma: (Inaudible)
Crookston: Is that how you see that Shari?
Stiles: That is why they approached us before on the McDonalds, because technically
according to the development agreement they wouldn't have even been able to get
occupancy on McDonatd's.
Crookston: That is correct.
Morrow: So did we do a paragraph with the development agreement concerning
McDonald's?
Stiles: No we didn't.
Morrow: We did not, we just bonded.
Stiles: Correct.
Durken: I think, I do not have a copy of that development agreement but it clearly states
in there that we can't have occupancy until all of the work is finished unless it is approved
by you. So I don't think we need to go through a formal amendment procedure. This body
has the
Crookston: That could very well be I haven't read it probably for (inaudible).
Durken: The first development agreement that you did of its type but I have read it more
recently. There is a remedy and it is just, we don't have to go through the amendment
procedure, we have to get approval from this group.
Crookston: Could be.
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Meridian City Council
April 16, 1996
Page 50
Corrie: So Council in other words we can either ask for a bond or go ahead and let them
do the request on the occupancy before (inaudible) and the Council can make that
decision one way or another.
Crookston: Well we need to see what the development agreement says before you decide
that you can do it.
Corrie: So the other one the occupancy at McDonald's was done with a bond.
Crookston: That is my understanding.
Morrow: Larry, when are these other stores projected to open (inaudible).
Durken: Unfortunately they are in two different buildings too but I think we are looking at
(inaudible)
Corrie: So it is approximately four (inaudible)
Durken: I am not allowed to tell you the precise opening date for Fred Meyer (inaudible)
it is very close to 15 days.
Morrow: Mr. Mayor, what I would suggest here is that there are some gray areas that need
to be ironed out. Our next meeting is on the 7th and so let's iron out the stuff and address
the issues and (inaudible) that is my suggestion for discussion.
Rountree: The ironing out would be to find out what the development agreement allows
us to approve such a request without amending the development agreement.
Morrow. I think there is that I think there is Mr. Bentley's point in terms of grasses and so
on and so forth. I am sensitive to dandy lion seeds blowing around and that type of issue.
Mr. Tolsma's suggestion about some of those grasses that are used by BLM that are
essentially low moisture grasses is a good point. I think in my own mind I need to think
about the stuff particularly north of the loop road. I am not comfortable making a decision
at the present time about that, the area north of the loop road.
Rountree: My opinion on that is that it needs to be done. I think that was an issue that has
been brought up in public hearings with the residents, I think there have been
commitments made that it will be done as part of this development. I think the
understanding is that it will be done with the initial phases of the development. I would like
to see it done as soon as they can with the completion of ACHD's work and that is once
they establish curb, gutter and sidewalk grade or complete the curb, gutter and sidewalk.
Meridian City Council
April 16, 1996
Page 51
Then they can go ahead and berm and landscape.
Bentley: I would agree with that.
Morrow: Let me ask you this does the landscaping have to be complete on the berm, can
it be the top of the berm.
Rountree: It can go from back of sidewalk to the crest of the berm. That is something to
buffer that vacant lot because we don't have any assurances when that is going to be
developed. That is my thought on it.
Come: I guess we have the point here you have to make a decision (inaudible).
Weber: My name is Kathleen Weber I am with Avest Limited Partnership. Mr. Mayor and
members of the Council I have been here since the beginning too and I have listened to
all of the neighbors and I have walked the neighborhoods. On the north 400 feet of the
loop, up to the north of the loop road that we are talking about whether we need to have
the landscaping done there. There is only one neighbor across from that area. We have,
this is impromptu but I have a (inaudible) that I would like to share with you. From this
area right here we have one neighbor who's house is approximately right here. They have
a loop driveway, they have large bushes in front of their house. This right here is a vacant
lot where the person has some landscaping trees and things, he has a business right here
and this is a house that is owned by the Borders who own this vacant lot. So this neighbor
is the only one who is directly impacted by not landscaping right here. Like I said there are
big large bushes in front of his house. There is an empty house on this side of this house
and it is all weeds. As a matter of fact within about 100 feet of his back yard is all kind of
weedy type grass. The other reason why we don't want to go ahead and put in big large
berms and everything is we don't know what kind of tenant we may have that wants to be
in here so we would just have to tear all of that out. Also, there are, my other point was,
this entire 40 acres as you all know before 2 years from now, since 3 years ago was an
alfalfa field that was plowed and there was dust and there were weeds and everything that
went into these peoples yards. So I am not sure that there is going to be a huge impact
on this part not being completely landscaped other than just a berm that has some things
that grow on it.
Bentley: The part of the problem you have with that is you have the traffic on the road, the
other neighbors surrounding there that will be driving by this weed infested hill and as
Shari stated the phone is going to ring off the hook.
Weber: I know the neighbors out at South Shore are very prestigious neighbor in there in
the South Shore Subdivision and the Pier Point Subdivision with the way that we maintain
Meridian City Council
April 16, 1996
Page 52
our property I don't believe that there has been any complaint but there is about a 400 foot
section along that road that those neighbors drive by everyday. But you need to decide
what is best for Meridian and I wanted to give you my input. Thank you for your time.
Corrie: Council, what is your pleasure?
Morrow: My pleasure would be fo table to May 7th.
Corrie: Is that a motion?
Morrow: So moved
Rountree: Second
Corrie: Moved by Mr. Morrow, second by Mr. Rountree that we table. this until the May 7th
meeting, any further discussion?
Crookston: I just have a question, do you want the staff to work on the things that were
previously mentioned.
Morrow: That is the reason for the tabling.
Corrie: I think that is the reason for the tabling Mr. Crookston.
Crookston: Well that wasn't in the motion.
Corrie: We have a motion by Mr. Morrow, second by Mr. Rountree that we table until May
7th to have the attorney and staff look into the questions that were raised in the testimony
tonight, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #16: TIME EXTENSION ON FINAL PLAT FOR ASHFORD GREENS SUBDIVISION:
Morrow: Mr. Mayor, I would move based on the letter that we received from Julie Keene
that we grant a one year extension to the Brighton Corporation for the final plat extension
on Ashford Greens Subdivision..
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we extend the final plat
Meridian City Council
April 16, 1996
Page 53
extension for one year for Ashford Greens Subdivision, any further discussion? All those
in favor? Opposed?
MOTION CARRIED: Alt Yea
Stiles: Excuse me Mr. Mayor and Council I would just like some clarification on this, we
do have anon-development agreement on this but I was wondering if Council could advise
what anon-development agreement is far if the plat has not been recorded. What does
that do? (End of Tape) I thought there was anon-development agreement, as the final
plat was approved in January of 1995.
Crookston: There was anon-development agreement on Bedford.
Stiles: Sorry, never mind. I would like that extension to be to a date certain though, if it is
one year then it is January 17, 1997 that they would be required to have that plat
recorded?
Morrow: Is that when it expired?
Stiles: It expired back in January.
Morrow: So historically it has been one year from the point of expiration.
Corrie: So that is January 1997.
ITEM #17: SANITATION SERVICES INC: DISCUSSION OF PRESENT CONTRACT:
Corrie: Mr. Alidjani?
Alidjani: Mr. Mayor and gentlemen Council as I recall number 1 I want to thank you for
your time, two we had a discussion in regard of some numbers, you see on the third page
in regard of purchase (inaudible) leasing. Page 1 and 2 are self explanatory, if there are
any questions or if we want to go line by line, paragraph for paragraph or however you
wish and desire we can handle these new numbers and figures that I brought for you.
Morrow: Let me ask you this Mr. Alidjani, your comment is in the first paragraph is
extended for five years, is that five years from 1999 to 2004 or for a total of 5 years from
today's date?
Alidjani: Councilman Morrow, as we discussed original request was to the year 2004 my
request is still the same. If you go to the second page on the first page and second page
Meridian City Council
April 16, 1996
Page 54
you will see things that we provide here that is definitely in the best interest of the City and
its citizens. And also Sanitary .Services Inc. the things that Sanitary Services Inc. is
involved with the City with the community (inaudible) everything that happens with the City
we are there. We are (inaudible) we are the only ones that have seven days a week
service, as a phone call if there is an emergency I am always available. There are things
that we do that other towns do not, a lot of companies do not for their town. Also I have put
together 2 or 3 other items such as a recycling oil and tires bedause we are having a
problem, the City is having a problem some of our alleys have illegal dumping that we
(inaudible). There are certain items that nobody wants to deal with it and we are willing
to take care of it. But to answer your question (inaudible} same way it was needless to say
if you go through the lines it is also our understanding it is your choice to keep the contract
as it is for 3 1/2 years from now and put it up for bids. Our request has not changed.
Rountree: With the rate increase anon-extension of the contract from the 3 1 /2 years the
current expiration date to the five years you are asking for. Would the rate increase be
sufficient for you to obtain the equipment necessary to handle the expected growth?
Alidjani: No sir it is not, if you look at the last page, page 3, you will see a significant
difference on a 3 years purchase or lease versus five years purchase or lease. As the
growth we have also there is an explanation at the bottom of page 2 for the number of the
homes that have been in town right now average between 700 and 1000 (inaudible). So
regardless of how we look at it this vicious circle is going to stay as it is and where it is
unless the growth slows down somewhat. So the answer to your question, I don't believe
that would be adequate the 3 1/2 years for a new fleet. As we discussed in the past the
oldest truck we have is only five years old. 1 would like to keep it that way:
Rountree: What would the requested rate increase have to be in order for you to
accommodate the expected growth and still maintain the level of service with your correct
contract for 3 1 /2 years?
Alidjani: Unfortunately I did not look into that question was never raised. (Inaudible) I
have to go back to my CPA and put in all those numbers together one more time. That
never was raised I don't know.
Rountree: When last we spoke you indicated you might be able to accommodate the
demands being placed on you with the growth with used equipment. I assumed that by
that you could take care of that with the rate increase that you are talking about.
Alidjani: Councilman Rountree we will do what is necessary to get the job done. But a
long time ago when I was here the desire of the Council was a different kind of fleet, a
different kind of service and putting it all together it takes planning and I have (inaudible)
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Meridian City Council
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Page 55
and this is where we are today with the new fleet. If you want to go back the other way
I guess that is your choice. I don't wish to let that happen.
Morrow: Mr. Mayor, I have a question, on item 4, I am sorry, item 5, paragraph B, page 2,
it says with the continuation of the current growth in the City of between 1000 and 1100
homes per year SSI anticipates the need to purchase one additional new truck per year
during the entire term of the contract to service its residential customers. I guess my
question there is by virtue of that comment and the five year time frame it takes to finance
one new truck how do you finance trucks purchased when in year 2000 or 2001, 2002,
2003, 2004?
Alidjani: Hopefully the increase that you have given me at this point would be adequate
to have enough savings to purchase those. That is what I am looking at Councilman
Morrow, also this is just an assumption on our side that 1000 to 1100 homes. As the last
17, 16 years that I have been in this profession that has not been true. Since 3 years ago
or 4 this has just started. It was a time that we could go for 3 or 4 years with the same
numbers of equipment not necessarily the quality of equipment but the numbers of
equipment and we didn't need additional trucks (inaudible)
Morrow: I have one additional question with the proposal--that you are talking about it is
$7.20 per month that includes you taking care of the bill from the landfill. In this
comparison chart that we have here before us from last time it is noted that Boise City
through BFI charges $7.95 is that $7.95 plus the amount of Boise City pays for the landfill?
Alidjani: The way I understand their system Councilman Morrow is if we call the 6%
collection fee that I pay to the City of Meridian at franchise fee, after the (inaudible) they
have a franchise fee I believe that number is 18 or 19% instead of 6%. That was including
the billing, also was included in the landfill bill. Now, what l hear on the phone talking
to the City of Boise the lady called me also BFI that has not been balancing on the scale.
Because they also pay somewhere around 20% maybe more or maybe less of their landfill
bill. That has become an issue and a problem (inaudible) because they are not even
(inaudible) but what they are doing for the BFI.
Morrow: So the amount of money that Boise City pays in terms of the land fill bill is
included in the $7.95 that is charged?
Alidjani: Yes and no, again, back to the franchise fee, they charge $7.90, BFI charges
residents a $7.90 and then they do have within that $7.90 they would pay there so many
percentage for the franchise fee. In that franchise fee is where the landfill money comes
from.
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Meridian City Council
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Morrow: But the franchise fee is part of the $7.95 then. In our case the franchise fee if that
is what it is is part of the $7.20.
Alidjani: Yes sir
Morrow: We deduct
Alidjani: It has been it will be.
Morrow: We deduct 6% for processing charges.
Alidjani: According to my contract with the City the City will charge 6% of my gross per
month.
Morrow: That is correct and my question is with Boise City is that franchise or whatever
it is part of the $7.95 like it is in Meridian.
Alidjani: I don't know that.
Morrow: Okay
Freeman: (Inaudible) Mr Mayor Councilman Morrow it is my understanding from speaking
with representatives from BFI that as indicated in the hand out that the charges of the City
of Boise and Ada County does not include (inaudible) pay in addition to that amount. That
is my understanding.
Morrow: So the true fair comparison of the rates between here and Ada County and Boise
City is not to compare the $7.20 to $8.75 in Ada County's sake or $7.95 in Boise City's
sake but yet in fact a number higher than that.
Freeman: That was my intent by highlighting those. They are difficult (inaudible) pay the
municipal fees, the landfill fees excuse me on top of that.
Morrow: Thank you, I have no more questions Mr. Mayor.
Corrie: Council, any further questions? Anything else Moe that you want to (inaudible).
Morrow: Mr. Mayor to start the discussion I don't have a problem with the rate to $7.20 I
think the comparison is in terms of our citizens and Sanitary Services is more than fair
compared to the other cities within the area. So I think that is a fair price for the service
rendered. Certainly Mr. Alidjani is a great corporate citizen of the City of Meridian. So I
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Meridian City Council
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Page 57
don't have a problem with either one of those things. The issue with respect to the lease
time I would like to hear what everybody else thinks in terms of that. I guess we are being
asked to do three things here. We have to address the rate, the lease and at some point
we have to address the issue that we have talked whether we charge unoccupied spec
houses. But I don't see that as being part of this issue tonight before us.
Rountree: I think the rates are more than reasonable. I am concerned about the extension
of the lease because of the difficulties we have had with some long terms leases in the
City. That is not a reflection on Sanitary Services tnc. just the fact that it has been around
for a number of years. I think that we need to have an opportunity to have that lease come
to an end and go on with rebidding it. I understand SSTs concern with that situation but
if what we are doing now is just perpetuating that at some point in time it is going to
happen whether it is 31/2 years from now or 5 years from now. It is going to happen and
it is going to have to be dealt with. I just think that if we live to the terms of the agreement
that we have now and work through that in 3 1 /2 years.
Morrow: Let me ask you this in view of that maybe we approach this from a split angle,
maybe we say okay we are fine with the rate increase and let's move to implement that
immediately and maybe we hold a public hearing on whether we extend the lease. If the
general public is satisfied with the service we have given them an opportunity to validate
the concept of a new lease so to speak and if there is not from their standpoint if they are
satisfied with the service then we can grant an extension beyond the term that it is now.
And that becomes an opportunity for the public to have their input. Which would be
comparable to a competitive bid situation at year 3 1 /2 or whatever.
Rountree: I have no problem with that as long as it is in the public forum. In terms of the
extension maybe more than five years in that situation.
Morrow: You mean like a five and five?
Rountree: I don't know but I think 1 like your idea of let's make a public hearing approach
on this issue and get it out there and see what they have to say. I am not comfortable
without that extending the current contract. I am very comfortable with the proposed rate
increase.
Bentley: I too see no problem with the rate increase as I stated at the previous meeting
when I asked Moe how he would need that set up to be on a competitive bid level playing
field and i stated then that I would not oppose say a two year extension to get him the five
year term he needs to establish teases and purchasing for his additional equipment that
he says he is going to need to be on a competitive basis. But I also feel too is as my
colleagues here pointed out that an open forum to discuss an extension might be
Meridian City Council
April 16, 1996
Page 58
appropriate might sit a little well with the public.
Tolsma: I have a conflict of interest on this, I do a lot of things for (inaudible)
Morrow: Wait a minute, we haven't let him off the hook.
Corrie: It is your decision guys.
Morrow: Well no, he has to ask us if we perceive that to be a conflict and if we don't
perceive that to be a conflict then you are in.
Crookston: No, he can still back out.
Corrie: I guess if there isn't any further discussion we will entertain a motion on how you
want to (inaudible).
Morrow: I think my motion would be is that we grant the immediate increase to the $7.20
and that we also implement on a very timely manner a public hearing about the contract
extension.
Corrie: Would you Pike that to be May 21st?
Morrow: That would be fine.
Rountree: Is that all bundled up into a motion?
Morrow: Yes
Rountree: I will second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the rate of $7.20 be
implemented immediately and that the public hearing will be on the lease extension of May
21st, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Freeman: The rate increase was requested at a 20% increase across the board, your
reference to $7.20 only reflects an increase on residential and I just wanted to clarify
whether we are talking about a 20% increase across the board or are we just talking about
a residential increase.
Meridian City Council
April 16, 1996
Page 59
Morrow: I am sorry Mr. Freeman and Mr. Alidjani, my intent here was that it was across the
board.
Corrie: And I think I took some liberties that I shouldn't have with the $7.20 and I
apologize.
Morrow: Well no you mirrored what I had said in terms of the motion. I wish to move that
the rate increase be as requested at 20°k across the board.
Rountree: Second
Corrie: Motion is made that tha 20% increase across the board start immediately and then
the lease time extension will be a public hearing on May 21st of this year, all those in
favor? Opposed?
MOTION CARRIED: 3 Approve, 1 Abstain
ITEM #21: REQUEST FOR A TRANSFER OF BEER AND WINE LICENSE FROM FIESTA
II TO DENNIS PHILP:
Corrie: Chief, any problems or comments?
Gordon: No sir I don't have a problem with this.
Corrie: Staff and further questions, I mean Council any questions of staff? Chief where is
704 East Fairview?
Gordon: Fiesta Guadalajara, right there by Jericho, it is that Mexican restaurant now.
Tolsma: It is right at the entrance of Wheel Inn Trailer Park.
Corrie: Council?
Rountree: This is a first for me, I just have a question, it indicates that the license at Fiesta
II is being transferred to Dennis Philp is that correct? If so where is it going from there?
(Inaudible)
Rountree: Do we need a motion to that affect?
Corrie: Yes I need a motion to the effect that we transfer the beer and wine Incense from
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Meridian City Council
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Fiesta II to Dennis Philp.
Rountree: So moved
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the request for transfer
of beer and wine license be transferred from Fiesta II to Dennis Philp, any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #22: REQUEST FOR A LIQUOR LICENSE FOR DENNIS PHILP:
Corrie: Chief again any comments?
Gordon: There is not a problem with the license, this is one of two new issues that the
State has reevaluated our population and issued two additional licenses to the City of
Meridian, this is one of them. They said our population is 15,500 now. I thought it was big
of them.
Corrie: And then this liquor license will go to Fiesta Guadalara?
Gordon: Yes sir, there is still one out there that needs a place to go. At last I heard it was
going to go down on Idaho Street there right next to the Sunshine Air Conditioning place
between there and the insurance, next to Mayes.
Corrie: Any further questions? I will entertain a motion for request for a liquor license.
Bentley: So moved
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree on the request for liquor
license for Dennis Philp be approved, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #24: GEORGE & WILMA STRASSER: REQUEST FOR SEWER HOOK-UP:
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April 16, 1996
Page 61
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Corrie: Is George or Wilma here or a representative? They have their signed papers here
requesting the hookup. Bruce, they are not here but (inaudible). Does anybody have any
questions?
Morrow: Did not Gary talk to us about doing that deal. My suggestion simply was that we
(inaudible) second hook up the double portion or whatever we do when the property
(inaudible) press forward, please Bruce jump on that.
Freckleton: They have paid for two, they paid double assessment on one parcel and that
was related to me was that they wanted to work out some sort of an arrangement for
payment of the second double assessment for the other parcel.
Corrie: I think Mr. Smith brought that to me and we brought that to you.
Berg: Gary Smith and 1 met with Mr. and Mrs. Strasser and there from the probably good
investment of learning of life that they do not want to borrow any money so they are going
to save up their money and when it comes time for them to have enough money or if the
property sells or whatever they will do the second hook up. They only want to do the one
hook up right now, the one Central District Health says you need to do. They are in the
process of trying to sell their property they do not want to hook the other one up. When
they hook up to the sewer connection they will put a Y yoke so they can hook up the other
house up to it when it comes time and they have the money. They do not want to go into
debt they will when they have money and the will do what they have to do but they are
only wanting the one house right now. So there is not payment plan or anything like that
they will just wait.
Morrow: Let me make a motion then, I will move that we approve the hook up for the one
house the double fee for the second house will not payable until either it is hooked up to
our system or until the sale of the property or a change of ownership in the property.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you have heard the motion,
any discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Freckleton: Mr. Mayor, this is probably an issue more for them than it is for the motion but
when that property does sell there will need to be an easement granted across the one
parcel since they have a common service line that will serve both of them you will have
two people on one line there should be art easement for his protection for that service line.
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Meridian City Council
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That is the information that has been passed onto the Strasser's.
Corrie: They will record it as such. Alright, any questions of the Council?
Morrow: I guess my question there would be is we are talking about a single lot without
a split having occurred is that correct, there are not two legal descriptions here there is
one?
Freckleton: That is my understanding is that it is a single parcel (inaudible) there are two
houses on the single parcel and they are trying to sell off one of them.
Morrow: Are they not going to have to do a one time lot split?
Freckleton: That is a good question for our Planning and Zortiing Administrator.
(Inaudible)
Morrow: My point here is what I am concerned about is you have a lot and you are doing
this one time split it doesn't seem to me it would be prudent to have an easement for
service coming off of a common service. It appears to me that it would make more sense
to have each of them independently serviced.
Freckleton: Looking at the map on the wall comparing it with their vicinity map it is two
parcels, there are two separate parcels under their, they own both of those.
Morrow: So from my standpoint, it doesn't make sense to have two services on one line.
Easement or no easement.
Freckleton: That was discussed with our Plumbing Inspector, Plumbing Official and this
is a county parcel so the State has control over this as far as the plumbing on that.
Typically there would be two service lines run, one for each parcel. Lynd didn't have any
problem with it coming off of one common line. But either way you go you are still looking
at an easement situation.
Morrow: I understand that, I have a problem with it serving off of one line from the
standpoint of in the future if one property plugs it up and we have two users that are not
related and the Strassers are well out of the picture at that point in time then the first calls
is a call back to the City. My preference would be one residential stub especially when you
have 2 specific properties for (inaudible) that they be individual services.
Freckleton: I have no problem with that, that is reasonable.
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Meridian City Council
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Corrie: So they are going to have one line and that is the one that they pay for, the next
time they sell the second line will go in.
Morrow: That would be my preference.
ITEM #23: WAYNE CROOKSTON: DISCUSSION OF PROCEDURE ON FINDINGS OF
FACT AND CONCLUSIONS OF LAW:
Crookston: Thank you Mr. Mayor, it came up a week agq or two weeks ago it was a
comment in the Statesman and I just wanted to address some of that. A decision by the
City Council has never been made as to how or what excuse me how or when the findings
of fact and conclusions of law are distributed or when they are available to the public. It
has been my I guess, my undecided process that they were prepared by me, they were
then delivered to the City Clerk and recently Anna but there has never been any decision
as to when they would be released to the public. I want to state that I have to particular
reason to say that they should not be released, I think it is a Council's decision that is why
I have requested that this be on the agenda and I think it is probably time for this issue to
be decided when they are available. Under the public writings statute which is in Title 9,
Chapter 3, public documents are available when requested. The "public record" is defined
as includes but is not limited to any writing containing information relating to the conduct
or administration of the public's business prepared, owned, viewed or retained by any
state or local agency regardless of its physical form or characteristics. The only question
I have there is because of it being prepared, owned, used or retained by a local agency
which the City is a local agency if it is prepared by the Mayor, if he is just hand writing it,
is that something that is done. Say he is writing a letter to a personal friend while he is
sitting in the Mayor's office, is that a public writing. I suppose the argument would be that
it is not a public writing if it has nothing to do with public business. The question that then
comes to my mind when I prepare findings of fact and I prepare them and I still have them
in my office they haven't been submitted to the City I am an employee of the City so then
are they things that I have done for the City and is that a City owned document. I am not
sure about that. I am not saying that it is not, I am not saying that it is. I just have a
question. It has been my own written decision or undirected decision that I thought it was
appropriate for the findings to only be released when the City Council had adopted them.
As I stated the City has never made a decision on that, I think it is very wise for the City
to make a decision on that. It is really something that has been done that way because
that is the way it was done and there has been no decision. I certainly feel that it is
probably time for the City to make a decision because no decision has been made before.
So I am just raising that up, I have no objection to releasing them as soon as I get them
off my printer if that is the decision of the Council. So I would just leave it up to the Council
and Mayor to decide.
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Bentley: Mr. Mayor, I have read the articles in the paper and talked to a few people about
this. I don't see a real problem with them being released before they are voted on. But I
also don't see the issues that are being raised because once they are printed up the public
hearing is closed and there is no testimony taken on it any way. But if we were to go
ahead and release them prior to the night of voting I think there needs to be some
restriction placed. Like say they be marked up draft that they have all the pages dated, so
that if there are changes made we are not getting pages mixed and I don't think it should
be at any cost to the City. Those are the only comments that I have.
Morrow: What do you mean by any cost to the City?
Bentley: Cost for reproduction. I don't think we should sit here and make up 10 copies and
hope somebody will come in and get them. I think we should either establish a ten cent per
page copy or take and just set a set fee if somebody wants a copy of them of course the
applicant will get his.
Morrow: We already have that anyway.
Crookston: I was going to say that I think the applicant is entitled to a copy.
Tolsma: If that was labeled as draft (inaudible) acceptable for discussion?
Crookston: It is certainly acceptable for discussion. I don't know that, well it would be
cease to be a draft once the Council voted on it.
Rountree: A good number of the findings of fact that we see are findings of fact at least the
Council have been prepared by Planning and Zoning. It is already a matter of public record
and they are available upon request.
Crookston: That is correct and they give them out after the P & Z adopts them.
Rountree: So there are two points where this is an issue. When findings of facts are
prepared for Planning and Zoning and those are instances where we prepare our own or
request our own findings of fact and conclusions. In both of those instances I don't see
any problem with making them available and if people want them provided as long as it is
understood that they are subject to change and quite often are changed at the City Council
level. It is also understood that we are not taking public testimony on it.
(Inaudible)
Crookston: It is also a question, you are not only deciding this for the City Council I believe
Meridian City Council
April 16, 1996
Page 65
you are also deciding this for Planning and Zoning.
Rountree: I understand that, that is why I bring this up because that is where most of the
findings of fact are prepared in a draft form.
Corrie: The thing too that the public must realize that once the public hearing is close there
will be no comments on that from Council members or Mayor to discuss that and the
Council is quite aware of that and I am too. Just so that the other people in the arena
knows that once the public hearing is closed you don't contact the City Councilman or the
Mayor and try to discuss that any more. And the Council has the right to say I am sorry
we don't discuss that any more until we have done it.
Crookston: Actually the Planning and Zoning Commissioners and the City Councilmen
when somebody says let's go get a hamburger you say fine let's go and you get there and
he says well what are you going to do on this application: I think that they the
Commissioners and the Councilman have to say I can't talk about that. That is something.
that if you talk to them about it you are accepting basically some informal testimony.
Johnson: (Inaudible) for 85% of these that probably greater than that probably 90%.
Wayne and I had a discussion on this earlier, I fail to see really why it is necessary to
release them early. I don't have a problem with it I can't see where anybody is going to
benefit from it. Certainly we are going to be guided as commissioners by what Wayne
Crookston just stated in this is we are not going to discuss them at all. We have always
made, Planning and Zoning has always made findings of fact available in the meeting
immediately after approval, right there at the meeting. If somebody wanted to wait around
and get them. tt is not like we are trying to hide anything from the City. The implication in
the Statesman at least the feedback that I have had on that is that we are trying to keep
something from the public which has never been our intent. We are working with an
unfinished document. It is not refined and in its final form or even in its form to be passed
onto the City until such time that we approve it and make corrections and deletions and
additions to it. Sometimes we have had those rewritten. So, it has to be as Councilman
Bentley stated it has to be clearly marked as a draft copy or working copy or something.
I hate to see policy dictated by the Statesman to the City of Meridian.
(End of Tape)
Morrow: (Inaudible) the first would be is as Will and Shari and Glenn and myself learned
at a seminar a week ago Saturday is that the point was repeatedly stressed that once the
public hearing is over for any issue within the State of Idaho whether it would be a Mayor
or Councilman or Commissioner you have no capability of discussing with anyone an issue
without endangering that public hearing process. My concern here is in terms of earlier
Meridian City Council
April 16, 1996
Page 66
releases as they may come out of the City Attorney's office that in many cases given the
nature of how we conduct business here in Meridian those would be available to other folk
before they would be available to the ten members of the two bodies. The point is that we
are going to have to continually tell people that there is no comment I can make on any of
these things until they become acted upon documents and that is completed. And so I see
that as a potential problem. The other situation is that if you are going to set a date and
time certain for these things to be prepared such as 5:00 on Friday and everything that is
prepared up to 5:00 Friday then becomes available that is going to slow down the process
a lot as the ten of us know a substantial amount of what we get is 5:00 on Tuesday. And
so if we are going to go ahead and do something like this and have some consistency then
we need to set in my mind a date and time for release of whatever is ready and that is the
only stuff that makes it on the agenda everything else lays and it gets carried over to the
next meeting. The implication of discussion with respect to findings I think the matter is
and in my mind how it works at least for me is that we get a presentation from somebody,
it comes to us say tonight in most cases I am not prepared to discuss all the issues
because 1 haven't thought about all the issues: So over the course of the next two weeks
prior to the next meeting when Wayne calls and asks for my comments or thoughts at that
point in time I have collected my comments and thoughts and I give them benefit to him
without having heard anybody else's comments or thoughts. There was an implication I
believe that is not a proper procedure. Well and that we were doing business outside the
public domain and the issue is that I disagree with that observation. If in fact it was
decided by some court that we had to have those deliberations at this place then I see that
as a situation where we would here a project tonight, we would discuss it as a Council two
weeks from tonight and if it made the 5:00 deadline we would act on the findings and
conclusions as they were written two weeks further down the road. Thus extending the
time frame in which we get something done at a minimum of 2 weeks even further. So, it
seems to me that the procedure is working fine as how we get the findings of fact if we are
going t release them I would suggest that we do it on a specific time,. a specific date, and
when that time and date are done that is all the items that appear on the agenda. And we
alter the method that we are doing now and take those findings up until the start of the
meeting for us and for P & Z. So those are the benefit of some of my thoughts.
Crookston: I think that in regards to that I think it is very appropriate to say, let's say the
night of the public hearing, many times we have applicants come in and say here is this.
I think the same thing needs to be done there you just say if it is not in the City's hands by
Monday or excuse me by Friday at 5:00 it is not going into the record or will not be
anything that will be acted on. I think the same thing applies. Many times we have an
applicant or an applicant's representative come forward and say here is the plat. The City
has had no opportunities to review it.
Morrow: One of the things that he is referring to there if I might is it is not uncommon for
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Meridian City Council
April 16, 1996
Page 67
folks to come and say we have six little changes that we want to make tonight in our
presentation. And we expect you to do something on it. I think maybe the part of the thing
ingrowing up here is that one of the great things about a small City without a lot going on
is that you can do that. Maybe if it is everybody's desire that we adopt ail of these other
procedures that we move to a formalization and say well gee Mr. presenter if you want to
add six more (inaudible) see you two weeks from tonight. If you don't have your
presentation ready two weeks from tonight it will be two weeks further on down. We set
in place hard and fast rules that everybody plays by from that standpoint. I think that where
often times, we just got two little changes to the plat and we want to hear them tonight.
Well did the staff get a chance to see them? No, we are just going to do it tonight and we
want to see what you think about it. Maybe our answer is that no more does that happen.
Corrie: I think we are moving to that direction and I think you are absolutely right, I think
we need to set it down and put it down and say that is (inaudible) but that is just my
comment. Mr. Bentley anything further?
Bentley: Well, in line with what Walt was saying about locking the doors at 5:00 as far as
accepting stuff, we would have to make a little bit of flexibility in there because we get
caught in situations of holidays and make another day around it to allow for such
instances. But we are getting to the point where we are going to have to start because
everyone has agreed to start putting some time tables on some of this stuff to better gauge
our wotk toads and the staff work loads too.
Crookston: It has always been my feeling that by having them released which I said earlier
I have no problem with I think where it is going to come down is that when those are
released the commissioners and the P & Z, excuse me the P & Z Commissioners and the
City Council when those are released you are going to get calls. That is when you have
to say I am song, this is, the public hearing is over, I can't talk to you.
Rountree: I have about 3 or 4 different things here but they are all centered around
whether or not we allow or make available the findings of fact (inaudible). Again I don't
have any problem doing that and I anticipate that there are certainly going to be people
asking questions at that point and there may be some procedural changes that we have
to make. I think we should be looking at that anyway no matter what we do on availability
of findings of fact in terms of why we accept information. What kind of windows are we
allow information to be brought to staff and brought before P & Z and brought before
Planning and Zoning. We have been very generous and very flexible in the past I think it
has stressed and taxed our staff to the point that they are to their limits on some of these
things. You come to a P & Z meeting or you come to a Council meeting and you have a
box full of mail that you just picked up at 5:00 prior to the meeting. And in #hat mail are
pertinent items relative to things that you are either going to here or discuss that evening.
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Meridian City Council
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That is not appropriate, we stock pile it. But again those are other issues that I think we
have to deal with. But again getting back to the question of do we or do we not make the
findings of fact available upon request first off I don't anticipate we get that many requests.
Those that we do it may be good that the applicants do have that information up front at
least they will be able to leave and understand fully what has been approved or is going
to be approved and understand that they are probably going to be back to the Planning
and Zoning or City Council having to address issues and it might get them a week or ten
days advance on that.
Morrow: How do you feel about setting a time certain for them to be done?
Rountree: Super, I think we should have done it a long time ago.
Morrow: So let's say for example that by 5:00 on Friday.
Rountree: That is to (inaudible) I think it ought to be 5:00 on Friday the week before the
hearing.
Tolsma: Or at least Thursday before the meeting.
(Inaudible)
Morrow: Well what findings are done at that point in time. Obviously if we do ten public
hearings and we got ten sets of findings you are not going to get all ten done by the
following Friday. So whatever ones are done and you are submitting to us in draft form
than that is it for the following meeting.
Corrie: It has to be the agenda item at that point.
(Inaudible)
Morrow: Alright so let's do it 5:00 on Thursday.
Rountree: That is because you set the agenda on Friday can you not change the date of
setting the agenda to some other.
Berg: Well we set the agenda according to what you do at the previous meeting and
hopefully it gets followed by that two week period or three week period. Thursday, we try
to have the agenda pretty much done and set item numbers, set your packets in shape as
far as to collect all of the items.. So Thursday is the day that you need to have things set
down.
Meridian City Council
April 16, 1996
Page 69
Morrow: My point here is that you are going to set the agenda on Thursday so all of the
findings of fact that are done on Thursday if the meeting before it if we had ten public
hearings and we have findings of fact come on those ten public hearings if on that
Thursday there are only seven of them that are done than those seven appear on the
agenda the other ones get carried over to the next meeting.
Berg: Thursday at 5:00 that would be a better day then Friday.
Morrow: Make it easy on yourself, you are the staff that has to do it.
Crookston: For Planning and Zoning t don't see any difficulty. For the Council because you
have a Council meeting on the first Tuesday, the next Tuesday of the month is Planning
and Zoning and then on the third Tuesday we are back to a City Council meeting that is
a little tough.
Berg: Well where it boils down to is when you don't have findings from a P & Z
Commission to adopt here. When you have variances or conditional uses that are just
presented before the City Council. When you have some back up information from the P
& Z already you either adopt them, change them or get new ones and then you run into
your time frame.
Morrow: Or amended.
(Inaudible)
Corrie: Actually no unless the Council approves it, right now it is under discussion here.
That is entirety up to the Council.
Morrow: I don't have a problem with brief comments.
(Inaudible)
Wardle: It is and I appreciate the chance to visit with you. I have tried to take a
constructive approach to some concerns that I have had. Just a very brief pedigree, I don't
approach this from a development standpoint per se, my background goes to the original
creation of the State Planning and Community Affairs Agency in Idaho in 1970 and during
that time frame I administered the planning program statewide for cities and counties and
provided the technical assistance to cities and counties and structuring programs and so
forth. At that point I left the State and became Planning Director for the, City of Boise under
the old (inaudible) structure. So I dealt with these issues for many many years. I have sent
a letter to the Mayor suggesting that I would be willing to assist in some of the procedural
Meridian City Council
April 16, 1996
Page 70
aspects if you are interested in having some sort of organization established to exist.
Because that I think a lot of the things that you folks do could be facilitated by some tighter
procedures and you have been discussing some of them. I want to be very clear that the
issue that I think a lot of people expressed that provoked the article is not on the question
of whether the findings and conclusions are available, it was clearly the fact that nobody
knew what the decisions were. With all candor decision are not made on applications in
a public setting. You go away from a hearing, you have no idea whether the applicant was
successful or if the opposition was successful. When we got to findings and conclusions
adoption on the Smith's for instance the concern expressed by the neighbors was the
agreement that had been hammered out with Smith's part of that. Were the neighbors
going to be required to as Planning and Zoning had recommended to take on the
responsibility for the park. The Council did not make that decision in public. They had no
idea if the Council had expressed at the end of the public hearing what they felt that the
decision and then tailored the findings and conclusions to that decision. Those issues, you
wouldn't have to release findings and conclusions people would know the direction of
them.
Bentley: Mr. Mayor, if I may, at no time was that presented to the City Council in case you,
that issue was done through P & Z and it was changed by the time it left P & Z before it got
here. It never once was presented to us. There was no vote by this Council.
Wardle: Absolutely that is correct, but the point is, the recommendation from P & Z is that
a park be developed and that the homeowners be the ones to maintain it. Of course the
homeowners didn't feel that they could do that.
Bentley: That was presented in the testimony that they didn't want any part of the
(inaudible).
Wardle: Well you see the point is that nobody left the hearing knowing what the decision
was on the part of the City. So I think that there are things that you look at it, it is not
simply the release of findings and conclusions it is the fact that people, applicants as well
as citizens when they leave the Council Chambers that they know what the decisions are.
Crookston: Are you saying that the decision should be made, I have, right after the
hearing? When does the Council get a chance to think about it?
Wardle: Well, I guess I would ask the question Mr. Morrow said that there was a seminar
that you folks some of you attended. Are you talking about the seminars that have been
provided by Ida-Ore is one of the presenters. I don't know what the seminar was but
clearly the statements coming from some of these programs are that if you do need to
make some deliberation and there are some (inaudible) table it. But when you actually
Meridian City Council
April 16, 1996
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•
make the decision the discussion and the decision should be in the public forum and not
by a one on one discussion with the City Attorney. I think that is very clear, State law I
think you would have some input if you sought it from the Attorney Generals office that has
already been down this road. I think that they can help enlighten you on that particular
point. I think that is, if that decision making process occurred here, those findings and
conclusions wouldn't be particularly germane, everyone would know where the direction
was. That does not happen, when a hearing is held the direction is usually, we direct the
attorney to draw findings and conclusions without stating what the conclusion is. Again,
I simply want to, I have offered my services to help not on that particular issue that is really
up to you but on just procedural things relative to plats because I think there are ways to
facilitate your time and get you out of here long before midnight on the nights that you
have to spend. So, I have made the offer, and wanted to be constructive rather than just
a critic.
Corrie: Thank you Mike. Well I think the Council has got some things that they perhaps
want to think about. I guess if you want to make a decision tonight or you could
(inaudible).
Morrow: I don't want to make a decision tonight I want to think about it.
Corrie: Alright, we just made a decision so we will
Crookston: Well t think you need a motion to act or to table.
Rountree: (Inaudible)
Morrow: I would move that we have further discussions of this on the May 21st.
Rountree: Second
Corrie: Motion has been made and seconded that we, motion made by Mr. Morrow, second
by Mr. Rountree that we have further discussions on this at our May 21st meeting, any
further discussion? All those in favor? Opposed?
MOTION CARRIED: Att Yea
ITEM #25: DEPARTMENT REPORTS:
Corrie: Mr. Johnson?
Johnson: Nothing
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Meridian City Council
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Page 72
Corrie: Bruce?
C~
Freckleton: I have got one item, we have a water main extension project in Linder Road
between Pine and Franklin it crosses the Union Pacific Railroad. We have got a crossing
agreement that we need to get Council's approval on the crossing agreement authorizing
the Mayor and City Clerk to sign. The agreement there is a license fee of $700 that needs
to be authorized as well.
Morrow: Let me ask you this, this is our standard license agreement for crossings with the
railroads there is nothing unusual about this in any way?
Freckleton: Standard stuff.
Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the Clerk to
attest the license agreement with the Union Pacific Railroad and that the Council also
authorizes the expenditure of the $700 for the license agreement.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, you have all heard the
motion, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Bruce anything else? Shari?
Stiles: Nothing
Corrie: Chief?
Gordon: Nothing
Corrie: Counselor?
Crookston: Nothing
Corrie: Mr. Morrow?
Morrow: Three or four items, what this is is a photo copy of a letter concerning the old
Meridian High School on Carlton Street in your boxes for review. I have reviewed it and
found it was as per what we have been proceeding along with and was from my
Meridian City Council
April 16, 1996
Page 73
•
perspective soliciting any input from you that you might want to add to or delete from the
letter. If it is okay in its present form then we will press on.
(Inaudible)
Morrow: Okay, we will press on from that. Okay, the second thing I put in your box is a
letter that come to me today from Terry Little. It is in response to the meeting that Terry
and Ross and I had out at John Shipley's residence a couple of weeks ago on Friday
afternoon we were out there for an hour and a half walking around looking at stuff trying
to resolve his issues with the guard rail and that type of thing. I would like each of you to
read it and get back to me with comments or suggestions that I can pass forward to them
from us. So I would solicit your input within the next couple of days if that would be
possible. Next item, Idaho Truss as you all know we had a group of folk here talking about
Idaho Truss and their way of conflicting business. Bob and myself met with them, three
representatives of Idaho Truss here and they did a presentation to us after discussing
what the problem was. They did a really nice presentation in terms of how they were going
to solve the problems. I kind of want to note for record that we received an update from
them. They did a really nice job in doing what it was they said they were going to do. I
think the issue that is interesting is that when they had the neighborhood meeting there
were two people that showed up. And so I think that would further attest to that the
signatures on the petition were probably either remotely involved or not very interested.
But I think that from our standpoint I would like to send a letter to Idaho Truss thanking
them for their efforts and all the fine work they did to be very responsive and do what was
perceived to be a problem. I think it was a job well done on their part. So if that is the
(inaudible)
Corrie: Would ydu like me to do it?
Morrow: Well I would like somebody to draft a letter then we will sign it.
Corrie: (Inaudible)
Morrow: All five of us because the issue, you and I served on the committee to get it
implemented but it was done under the auspices of all five Council people. Gary is not
here, the other issue we are going to deal with. Jim Rabbit in terms of the Gotcha
Challenge, Shari is gorse so that is not an issue. Issues for the strategic planning meeting
next Tuesday the 23rd. We will have a status report on the job descriptions, the sewer and
water fees, the 90 to 60 days on the delinquencies. We will talk about the Council
ordinance in terms of final thoughts for the audit and budget functions. We will talk about
the thoughts of the parks and recreation commission and City and Rural fire department.
Are there any other issues for that department?
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Meridian City Council
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Corrie: I would like to include the letter that was Jim Reed the athletic director we might
discuss that at that meeting as well.
Morrow: That is appropriate. And the franchise fee ordinance from Idaho Power. What,
I guess my question is if we had a copy of that a couple of weeks ago.
Corrie: That was an ordinance that was drafted from Nampa and also in conjunction with
Caldwell, that is the franchise one that was in there before, Idaho Power franchise
(inaudible)
Morrow: So I guess when do we need to discuss it? Do we have a certain date that we
need to respond to Idaho Power conceming that (inaudible).
Corrie: No not necessarily we need to do it as quickly as we can because I think that
(inaudible) start to go.
Morrow: Let me suggest then that what we do is that we come prepared to discuss that in
that strategic planning meeting also and that discussion won't take very long. That would
be it for me tonight Mr. Mayor.
Corrie: Mr. Bentley?
Bentley: Yes, also with the Idaho Truss after I got their letter I did call them and talk to
them a little bit and thanked them for their prompt action on that. Also, did everybody get
a copy of the Danville ordinance, the sign ordinance?
Corrie: No they did not, you had discussed that with me and I will see that everybody gets
that copy.
Bentley: What I did is I asked Bob to get a hold of Danville, California, they have a sign
ordinance down there that is just unbelievable. I doubt th2t we could implement the whole
thing here but there are some interesting things that they do. Take for instance
McDonalds, you wouldn't know that there is a McDonald's there their sign is 6 foot high
off the ground. Some of the restrictions that they put on I think could apply here. So I
asked them to get a copy and take a look and maybe we can incorporate something in
there that might help us out here.
Corrie: The reason that the rest of you, the machine went down when were making them
up so I will see that you get a copy tomorrow. It is just for review for ordinances on signs.
Morrow: Okay, the issue is that we have never had a discussion concerning anything with
• •
Meridian City Council
April 16, 1996
Page 75
respect to signs in my entire career or Mr. Tolsma'a career.
Corrie: We have had some citizens coming in and asking about the flashing signs and
everything else. So I asked Jim Rabitt what our sign ordinance was and he brought that
out and he came in with that and so I thought we could put them altogether and give them
to the Council if they want to run with it fine if they don't that is entirely up to you. We are
trying to get some feedback from the public about signage and what is it going to look like
just big i-84 signs all over the place.
Morrow: I have never had any call in my career.
Corrie: I have had quite a few and that is this I am going to bring up and let you guys see
what you want to do or if you want to do anything at all. I also got a letter from Mr. Nahas
he had some particular interest, he had heard about signs and wanted to be on the
committee if we decided to have one.
Morrow: Well I think the issue for this is this is for some future strategic planning meeting.
Corrie: Mr. Rountree?
Rountree: I haven't completed the discussions that are ongoing with St. Luke's about
utilizing their property out there for athletic fields in an interim basis until they complete
their build out. As I said last meeting they are very positive and I think we will get
something going there. I guess a question for you Mr. Mayor or Mr. Tolsma, who handles
the golf course issues. Since I have been working with the neighborhood association out
there on the Cherry Lane issue and the weed issue I have had a couple of phone calls
about golf course issues. Who do those need to be directed to?
Corrie: I would, right now to Walt he is the committee that is working with the back nine
new construction.
Rountree: This pertains to the operation of the current nine holes.
Corrie: Probably me I am going to have a meeting with Wally, if you want to get that to me.
Rountree: Have you talked to Vem lately?
Corrie: No
Rountree: He has some concerns about some kind of barricades or screens being put on
the 6 tee box. He is concerned about (inaudible) running at automobiles or kids on bikes
Meridian City Council
April 16, 1996
Page 76
or (inaudible) walkers. I haven't heard that has happened since 1978.
Bentley: I haven't played there yet.
(Inaudible)
Corrie: I have set up a meeting with Wally and some discussions that I want to find out just
what they (inaudible) also Walt is involved with the construction. I suppose that would be
with me and we will get right on that.
Rountree: I assume Vern represents the homeowners association of 3 and 4.
Corrie: If you want to get together with me we will discuss that.
Rountree: That is all I have.
Corrie: Mr. Tolsma?
Tolsma: Walt and Charlie took care of mine.
Corrie: I have one, I do have Janice here. Mr. Morrow brought up a couple of meetings ago
about the IRS and where we were on this auditing. I had in your packet, you will notice that
we received the latest letter from Pam Bigelow who is the acting District Director in
reference to deficiencies in the taxes. We are going to, I think that under the
circumstances what they are saying is that we should be collecting FICA from the building
inspector and all those others which we are paying those. They are stating that the City
should have taken FICA out of their monies and we have talked with Wayne in reference
to this and we don't think that is actually correct. Since Janice is here, Janice why don't
you tell the Council where we are with them and what the background is on this with
Nicoli.
Gass: The copies I just gave were just kind of a little history, the first things that are stated
there 2-7-96 it is just her statement what she is asking for in 1995. So, that was just a
sample and everything that we have done for her, our providing the W2's for the firemen
and converting some of the 1099's over to employees. The things that the City of Meridian
and other cities and entities are doing are contractors. That is what she is trying to get all
of our contractors as an employee and give them benefits and pay taxes through them.
Anyway, also the second page here is the right to appeal and I feel that we need to appeal
this because our contractors are not employees. So then she also gave me a copy of the
sample, it was more or less attorneys which now our attorney is now an employee. Like
Mayor Corrie has said that we do need to respond to this right away so we don't get fined
Meridian City Council
April 16, 1996
Page 77
for no response at all. A response that we don't agree with it that we are not going to
make our contractors employees and pay this FICA which they have already paid as
contractors. They are contractors and they are corporations they pay their taxes. There
is no reason, they also have their own workmen's comp. It is just like any other contractor.
But what you Council and Mayor need to make that decision and do you agree with her
or don't you agree with her and fill out the form and get it to her and say we don't agree
or agree. Her supervisor which would be the next step.
Morrow: Mr. Mayor, I would suggest firom my standpoint that I don't agree with this at all
in terms of, we have a situation here where those people are hired as firms, they are
corporations we have a contract with them. They furnish us with certificates of liability and
certificates of workers comp. It appears to me that in this particular case that we
aggressively and I stress the word aggressively challenge to and including the point that
we maybe at this point look to a special tax law firm to begin to be brought up to speed so
that we are prepared to go whatever direction that we have to go. t have great confidence
in our City Attorney but this is a specialized issue. Taxes are a specialized issue and I
think that we need to be really aggressive and bring on board counsel at this point in time
and pursue the issue.
Corrie: To get you up to speed a little bit more Walt, I talked with the Mayor of Eagle, they
are going through the same process right now with their attorney. They have hired a tax
attorney and he is giving them some information on the same thing there, as soon as he
gets that he is going to relate that to me and we perhaps could use the same attorney.
Along the line we will bring that to the Council's attention. But we do need to get the
Council's approval to have that signed that we are not agreeing and we want to have the
hearing at this point.
Berg: Just another comment, and Bob is going to bring this up at the Board of AIC, but we
feel this is not just an attack on us but it is an attack on all municipalities of Idaho. Not only
is Meridian involved but Eagle is involved, Payette has been involved, quite a few other
cities. So this is something that we either need to clarify what the rules are and go by them
or somebody else clarifies them for the IRS.
Morrow: I think part of the issue here is that structure and industry standard of what self
employment is that our guys meet all of those tests and I am having a difficult time based
on what little I know about this at that point in time and saying what is the difference
between the two industries.
Berg: You are right and there is that 20 points that are answered and there is no degree
of what those 20 points. If you hit on one of them or hit on ten of them. Does that mean you
are (inaudible).
Meridian City Council
April 16, 1996
Page 78
Rountree: Let's go after it.
Corrie: I will entertain a motion for me to sign the disputing the (inaudible)
Morrow: I would move that we authorize the Mayor to sign the response to the IRS that we
disagree with their position and that we will pursue all the necessary protests or
procedures to protest.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: Alt Yea
Corrie: As soon as the information comes I will get it to you just as soon as I get it. That
is all I have. I will entertain a motion to adjourn.
Bentley: So moved
(Inaudible)
Wardle: I sent a letter to the Mayor and Council requesting release of a photograph
following the Smith's decision. Will did that not get passed on? It was dated April 3rd,
there abouts. It was a specific.
Berg: I believe I passed it on to you Wayne, wasn't it a release of materials?
Crookston: I had seen it yes but I didn't take any action on it.
Wardle: Well when a request is made does it just die?
Corrie: Well I think that it didn't die but the Council needs to discuss it at our meeting on
the 23rd which is next week rather than. I apologize I think it has been around but it hasn't
gotten the proper, I don't think you are going to lose your photograph.
Wardle: It is not a question of losing the photograph Mr. Mayor it is a question of being
able to use that. We are holding now specific meetings with the neighbors in the final
design so that we can get their agreement implemented and that photograph is a very
useful took that was never intended to be just archived here fiorever with the City. It was
intended to be used for an illustration for discussion at the hearings and then returned.
•
Meridian City Council
April 16, 1996
Page 79
Morrow: Mr. Mayor, if I might one of the things that came up during the seminar that we
attended which was put on by two fellahs from northern Idaho, was that if anything is
entered into the public record in terms of the testimony that becomes part of the public
record and can be kept and should be kept by whomever is hearing it. They offered a
suggestion for these types of things that at the applicant's expense if it is a large
presentation such as one of these that they can present to the City or whoever a
photograph in a smaller size so that can be part of the record and is capable of being
enlarged if necessary at some point back to that size. So from that specter we need to
develop a policy of saying okay Mr. Wardle you can present it on a 18 by 24 or whatever
size you wish but you also provide for the public record a 10 by 12 copy of the same
material and then that is capable or if we should have to defend ourselves during some
litigation at some point of being blown up to the 24 by 30.
Bentley: And also they pointed out too that if somebody brings there with a model of a City
that they present a picture for the record and then take the model with them. It also cuts
down as is quite evident with our storage facilities that vie don't have to stock pile all of
this stuff and a $600 document isn't tied up.
Wardle: That was a point in the subsequent letter that there are a lot of file friendly ways
to provide the information and we have done so. For instance on the Brighton Ashford 2
you have a box of seven renderings some of which have been provided to you in color
copy 11 by 17 for the file and you still have that box of renderings in your possession.
Corrie: I guess if the Council doesn't have any objections we can take a picture (End of
Tape)
Morrow: (Inaudible) certainly capable of under Idaho Statute of keeping everything
(inaudible) In the case of this particular document (inaudible) I don't have a problem with
him taking it (inaudible)
Wardle: Which I would like to do.
Corrie: I don't hear any problems from the Council. Come to my office tomorrow and we
will take care of it. Motion made and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 12:25 A.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
C
Meridian City Council
April 16, 1996
Page 80
ATTEST:
WILLIAM G. BERG, JR., CLERK
~~
APPROVED:
r
R RT D. CORRIE, MAYOR
~CITY OF MERIDIA
PUBLIC MEETING SIGN-SHEET
~.~
~~tcK h /vIC c~c--c s-~ t~~d~.~ .j.~-~s-~iS Y
CITY OF MERIDIA~
PUB~C MEETING SIGN-UF"SHEET
NAME PHONE NUMBER
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, APRIL 16, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
1-
- 2.
MINUTES OF PREVIOIJ~ MEETING HELD APRIL 2,.1996: appnvv-~.
DOROTHY WHITMIRE: TREE CITY USA PRESENTATION:
JACK MCGEE, IDAHO POWER: RIGHT TREE RIGHT PLACE PRESENTATION:
3. TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR THE LAKE AT CHERRY
LANE NO. 5 BY STEINER DEVELOPMENT: ~k~Q ~`t~iZ ,n~.~y ~~
~S~ rer1uef~
4. TABLED APRIL 2, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS NO.2
BY BRIGHTON CORP. dpp~-ovc ~l~ ~ e%
~p~ra v.~ de c~~: ~
5. TABLED APRIL 2, 1996: PRELIMINARY PLAT FOR ASHFORD GREENS NO. 2
BY BRIGHTON CORP. cpprw~z
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FOR VARIANCE
REQUEST FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER: a p~JrovC ~~~ tl e/c 3 ~ /'
~pprm~~e Q~ciTi~-iv a fa /'
7. PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER: TABLED APRIL 2, 1996: ~~ u~c~i7 1Liu~ ~/z~/~~~~~..
8. ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONEiC-N: a~o~ara~~
9. ORDINANCE #730 -WATER METER FEES: ajpprvve~
10. FINAL PLAT FOR DANBURY FAIR N0.7 SUBDIVISION WITH A DEVELOPMENT
AGREEMENT BY B.W. INC.: ~~O/~ro~e.
11. FINAL PLAT FOR SALMON RAPIDS NO.3 SUBDIVISION BY MARTY
GOLDSMITH: approve,
12. PUBLIC HEARING: REQUEST FOR VACATION OF WATE SEW R
EASEMENT BY ROGER ANDERSON: ~ppr~~-~ ~~p ~~~~ ~~ ~~Z ~~~"m~7u~
(,tp~rov~e vac~fi~- o f 2arem~n ~
13. PUBLIC HEARING: REQUEST FORA CONDITIONAL USE PERMIT
FOR A GROUP DAY CARE BY ANGELA MILLER:
•
•
14. ROD CULLIP: REQUEST FOR SEWER HOOK-UP: ~Cl6f~ ~~ti7 ~2¢~ 7;~lC~I~ ~~'
15. AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING:
16. TIME EXTENSION ON FINAL PLAT FOR ASHFORD GREENS SUBDIVISION:
-- ~~p~vQ !rne v~CR2 ~o-~ ~~i-r.~~c~Z~f' r /~r°'~j6
17. SANITARY SERVICES INC.: DISCUSSION OF PRESENT CONTRACT:
Q~p~Pove 20 °~o ac`os.~ ~ ,~joa~-cr, ah ~- <S'e t up f%/ fez Q1Cten,~I'v~
18. PROCLAMATIOiN:_SPOTLIGHT OUR SCHOOLS WEEK: read 6y rn.a~or
__ f'f9. -! PROCLMATION: LAW DAY: Lead 6~ h~.ayaw
20. PROCLAMATION: MOTORCYCLE AWARE ESS MONTH: read b rn,ayvr
P-2 o eL ~ rn 147~on(o ,~h ysica-~, Ea'~t~ctior~- ~ ~S~att ~.QPIe : read ~y i~a yd~-
21. REQUEST FOR A TRANSFER OF BEER AND WINE LICENSE FROM FIESTA
II TO DENNIS PHILP: ~ppr-avg.
22. REQUEST FOR A LIQUOR LICENSE FOR DENNIS PHILP: apps-~ove-
23. WAYNE CROOKSTON: DISCUSSION OF PROCEDURE ON FINDINGS OF
FACT AND CONCLUSIONS OF LAW:
L'vrtt~hue. Gvc. ~L~ f Z~Jl, ~ ~~6 hzf~ .
24. GEORGE 8~ WILMA STRASSER: REQUEST FOR SEWER HOOK-UP:
approve.
25. DEPARTMENT REPORTS:
ORDINANCE NO. 7~
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-131, OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE-
ENACTING SAID SECTION 5-131, OF THE REVISED AND COMPILED ORDINANCES
OF THE CITY OF MERIDIAN WITH AN ADDITION RELATING TO CHARGES FOR
WATER METERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Section 5-131 of the Revised
and Compiled Ordinances of the City of Meridian.
WHEREAS, it is concluded that it is in the best interest of
the City of Meridian to re-enact Section 5-131 as it read basically
before, but with the addition of fees for water meters.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO;
SECTION 1: That Section 5-131 is hereby repealed.
SECTION 2: That Section 5-131 of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted to read as
follows:
5-131: MONTHLY RATES: All owners who receive or have the
right to receive the benefit of the City's municipal water
system shall, in return for said benefit, pay monthly user
charges as described below. The monthly user charge shall be
based on the amount of water supply system. The owners of all
property within the corporate limits, which property is within
three hundred feet '(300') of the municipal water supply
system, and all water users outside the corporate limits shall
pay a minimum monthly user charge. The minimum monthly user
charge for all uses shall be based on one equivalent
connection per single family resident. All other water
service connections shall be pro-rated as to the number of
equivalent service connections assigned to that water user by
this Chapter, or as determined by the Board of Appraisers, and
ORDINANCE PAGE-1
•
will be computed on an individual basis . Any user having more
than one classification of use shall be charged for the sum of
classifications.
The minimum monthly user charge shall be six dollars ($6.00)
per equivalent connection. Any owner which has a total
equivalent connection rating less than one shall pay a minimum
monthly user charge for one full equivalent connection. Any
owner which has an equivalent connection rating greater than
one shall pay a minimum monthly user charge that is the
product of that user's equivalent connection rating multiplied
by six dollars ($6.00).
i.e., A laundry having twelve (12) machines would have
an equivalent connection rating of:
(4.00) + (2 x .25) = 4.50
and a subsequent minimum monthly user charge of:
(4.50) x ($6.00) _ $27.00
All money extensions shall be totaled upward to the nearest
figure divisible by five cents (.05~).
Each owner will pay a monthly user fee based on the quantity
of water used and the Schedule of Water Use Fee in Table II.
Each owner shall pay, as full compensation for the benefits
derived for the municipal water supply system, the minimum
monthly user fee or the monthly user fee, whichever is
greater. Should an owner request a City water service line to
be disconnected, for any reason, there shall be paid to the
City a disconnection fee as set by the Water Superintendent
with approval of the City Council. The owner must request the
City to place the line back in service. There will be a
charge set by the Water Superintendent with approval of the
City Council associated with the reactivation of the existing
service line. All monthly water rates will be charged against
the property for which the City water service line is
installed. The owner of record is liable for that amount,
which must be paid before the water service is resumed. In
the event the owner leaves an unclaimed. balance in his
account, that amount shall be kept for six (6) months after
which time it shall revert to the General Fund of the City.
The owner of the property serviced shall pay for the monthly
user charge and such owner will be billed for such monthly
user charge.
CITY ORDINANCE PAGE 2
CHARGES FOR WATER AND INSTALLATIONS:
The charges for water shall be as follows: In all cases, the
minimum charge shall be six dollars ($6.00) per month.
Nonresident shall be charged the same monthly user charge.
In case a water meter fails to register correctly the water
used, the owner shall pay for the water on the basis of the
average reading of the meter for the previous three (3)
months. Water meter installation charges shall be as follows:
For all meters installed the charge shall be as set forth
below. All installed meters shall be property of the
City.
Size
The charges for water meters shall be as follows:
Exist. Meter Chg. Remote Meter Cost User Meter Chg.
5/8"x3/4" $ 90.00 $ 109.31 $ 130.00
3/4" 120.00 135.66 165.00
1" 150.00 168.12 220.00
1 1/2" 390.00 353.74 420.00
2" 490.00 493.24 550.00
4" N/A 4,270.00 4,370.00
Water hookup $500.00 per unit
PRIVATE FIRE SERVICE
Available only on the flat rate when used for fire protection
only; owner to install all lines to the City mains at their
expense. All connections to be supervised by the City and to
conform to City requirements and City Plumbing Codes.
Size of Line
'~ inch
2 inch
3 inch
4 inch
6 inch
8 inch
10 inch
Charge per month
$ 2.75
5.00
5.00
6.75
11.65
16.50
26.50
All private fire service lines shall be equipped with a sealed
gate valve or thermal automatic openings.
Private fire service lines shall be used for fire control
CITY ORDINANCE PAGE 3
only. Any other use is unlawful.
THE FOLLOWING DESIGNATED OPERATIONS SHALL REQUIRE THE
FOLLOWING NUMBER OF HOOKUPS:
TABLE II
Equivalent Connection Determinations
Classification
No. of Equiv.
Connections
Apartment (see Multiple living unit)
Bank, per 3,000 sq. ft.
Bar, per 3,000 sq. ft.
Barber shop, per chair, (minimum 1.00)
Beauty salon, per operation station
(minimum 1.00)
Bowling Alley, per lane, (minimum 1.00)
Cafe, per customer seating capacity
(minimum to be 2.00 equivalent connections)
Car dealer
Car wash (to be computed on an individual
basis)
Church
Club, private, per 3,000 sq. ft.
Condominium (see Multiple living unit)
Dentist, per practitioner
Department store, per 3,000 sq. ft.
Doctor, per practitioner
Drug store, per 3,000 sq. ft.
Dry Cleaners, per 3,000 sq. ft.
Duplex (see Multiple Living Unit)
Fourplex (see Multiple Living Unit)
Garage, per 3,000 sq. ft.
Grocery store (see Retail food store)
Hospital, per bed
Laundries:
Self-service up to and including
washing machines
Each washing machine in excess of
ten (10)
Commercial (to be computed on an
individual basis)
Lodge or private club, per 3,000
sq. ft.
Mobile home court or park, per space
Short term tenant type, per space
Mobile home or trailer house on own
premises
1.00
1.00
0.50
0.50
0.20
0.10
2.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
0.15
ten (10)
4.00
0.25
2.00
1.00
0.50
1.00
Motel, hotel, rooming house, etc. (cont.)
CITY ORDINANCE PAGE 4
•
With cooking facilities
First unit 1.00
Each additional unit 0.25
Motel, hotel, rooming house, etc. (cont.)
With cooking facilities
First unit 1.00
Each additional unit 0.50
Multiple living unit
Studio or one bedroom 0.75
Two (2) bedrooms or more 1.00
Office building for each 2,500 square
feet of gross floor space or fraction
thereof 1.00
Occasional use from standpipe,
Fire hydrant, etc.
for each 2,000 gallons or fraction
thereof 0.50
(minimum to be 0.50 equivalent
connection)
Photo development lab 2.00
Restaurant, per customer seating capacity
(minimum to be 2.00 equivalent
connections)
Retail store for each 3,000 square
feet of gross floor space or
fraction thereof 1.00
Service station
Gas and restroom service only 2.00
Full service 4.00
With car wash (to be computed on an
individual basis) ---
Schools, per each 50 students in average
daily attendance or fraction
thereof 1.00
Single family residence 1.00
Swimming pool
Public, per 500 sq. ft. 1.00
Private, for each 500 sq. ft. of
pool water -- water surface area
of fraction thereof 1.00
Tavern, per 3,000 sq. ft. (minimum to
be 2.00 equivalent connections) 1.00
Theater 1.00
Trailer court or park
Longterm tenant type, per unit 1.00
Short term tenant type, per unit
(minimum 1.00) 0.50
Triplex (see Multiple living unit)
Railroad depot 2.00
Variety store, for each 3,000 sq. ft.
of gross floor space or fraction
thereof 1.00
CITY ORDINANCE PAGE 5
L~
TABLE III
Schedule of Water
Use Fees
Gallons Consumed Water Use Fee
From To
0 4,000 $6.00
4, 001 gallons and up $ 1. 0 0 p e r 1, 0 0 0
gallons
The United States Environmental Protection Agency has
required the State of Idaho to test drinking water and the State of
Idaho through the Department of Health and Welfare, Department of
Environmental Quality, has passed the cost of such testing down to
local governmentals and private water suppliers. The City must
pass the cost of such testing to the water users. Therefore each
water user shall be charged a monthly water assessment of $.25
until the Department of Health and Welfare, Department of
Environmental Quality amends or retracts this testing charge.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this 16th day of April, 1996.
ATTEST'
' '
WILLIAM G. BERG, JR C Y CLERK
CITY ORDINANCE
CI MERIDIAN
T D. CORRIE - MAYOR
```~~„~neri~irrrr~r~
-~ ~~
~~ ~~y"
•'~ ~'` ~~
/~~rrrrrrryrFi u»~~5~~~`~
PAGE 6
ORDINANCE NO. 729
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend, change and rezone from Low Density Residential
(R-4) and Limited Office, (L-O) to Neighborhood Business District,
(C-N), the real property described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the property described as:
A parcel of land lying in a portion of the Southeast
quarter of Section 2, T. 3N., R. 1W., B.M., Ada County,
Idaho, and more particularly described as follows:
Beginning at the section corner common to Sections 1, 12
and 11, and the said Section 2;
thence North 89°33'46" West for a distance of 584.90 feet
along the Southerly boundary of the said Southeast
quarter of Section 2, which is also the centerline of
West Cherry Lane, to a point;
thence North 00°26'14" East for a distance of 622.29 feet
to a point on the centerline of Kastle-Falls Avenue;
thence South 89°33'46" East for a distance of 583.08 feet
along said centerline extended to the centerline of North
Linder Road;
thence South 00°16'08" West for a distance of 622.29 feet
along the said centerline of North Linder Road to the
Point of Beginning.
` be, and the same is rezoned from Low Density Resident al QR 4~ ? n~~
Limited Office, (L-O) , to Neighborhood Business Di+st-larict:~ _~~~~~~
,~ .t 7n
ORDINANCE Page 1 ~ ~ 3 ~ `~ ' `)
'95 ~If'~Z 25 i`'~ ~ ~ 3t3
•
and Section 11-2-425, Official Zoning Maps are hereby amended to
reflect the same.
Section 2. That the property shall be subject to re-zone
back to R-4 and L-O if the owner, Applicant or its assigns, heirs,
or successors, shall not meet the requirements contained in the
Findings of Fact and Conclusions of Law, the Ordinances of the City
of Meridian, all representations made by Applicant or its agents,
and of this Ordinance. This Ordinance is, in fact, conditioned on
the Applicant meeting, performing and complying with all of the
representations made in the Application, all documents submitted by
Applicant as part of its Application, and all representations made
by the Applicant or Applicant's agents. That all recommendations
and requirements of the City must be met, including, but not
limited to, entering into a development agreement.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective- date of this
Ordinance.
Section 4. EFFECTIVE DATE: There-being an emergency,
which emergency is hereby declared to exist., this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
ORDINANCE Page 2
City of Meridian, Ada County, Idaho, this l~t~ day of
~},(~y/~~ 1996.
APPROVED:
OR -- ROBERT D. CORRIE
ATTEST : ~~`` .,~ c, r ~ ~, '~,,
. c _
TY CLERK -- WIL G. BERG, JR. - 44~~~''"°`"'~~~~~~~~~~~ ~ ~~
1~r t N/ eA
~ ~' ~~5 .0. ~...
ice, ^~'~,~ ,~ f i'3 ~ :. ~.
STATE OF IDAHO,)
ss.
County of Ada, )
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
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED
AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF
SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING
AN EFFECTIVE DATE"; passed as Ordinance No. 729, by the City
Council and Mayor of the City of Meridian, on the ~~- day of
April, 1996, as the same appears in my office.
DATED this ~6~ day
ORDINANCE Page 3
of April, 1996.
s...r
City Clerk, City o M ridian
Ada County, 'Idaho\\\\~itflll~ItP!l111/
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a:~~~~
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~111Pf111f1![11111\\\
STATE OF IDAHO,)
ss.
County of Ada, )
On this day of April, 1996, before me, the undersigned,
a Notary Public in and for said State, personally appeared WILLIAM
G. BERG, JR., known to me to be the person whose name is subscribed
to the within and foregoing instrument, and acknowledged that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
~.~ .~
SEAL ~ '~ a of ry Public for Idaho
`° Re iding at Meridian, Idah
~~ ~,~ -' ~'' °~' `° a M commission expires:
~~
~p ~. ~
d~ ~Wa~r~ a-.
ORDINANCE Page 4
~~
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MANOR
SUBDIVISION
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ORIGINAL.
BEFORE THE MERIDIAN CITY COUNCIL
BRIGHTON CORPORATION
CONDITIONAL USE PERMIT
EAST OF BLACK CAT ROAD
BETWEEN USTICK AND CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
March 19, 1996, at the hour of 7:30 o'clock p.m., which was tabled
and continued to April 2, 1996, but was not brought on for
consideration on that date because the Council did not have these
Findings of Fact and Conclusions of Law, the Petitioner appearing
through the project's engineer, Mike Wardle, the City Council of
the City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two ( 2 ) consecutive weeks prior to the
said public hearing scheduled for March 19, 1996, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 19, 1996, 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 OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 1
2. That the property is located within the City of Meridian;
it is located on the east side of Black Cat Road between Ustick and
Cherry Lane; the parcel is part of a parcel of property that was
annexed by the City over fourteen years ago and part of a parcel
that has recently been annexed; the property is zoned R-4, Low
Density Residential.
3. The application for conditional use permit stated that
this proposal presents the first of two (2) medium density parcels
approved in the Ashford Green PUD (Planned Unit Development), that
the land is intended to be developed into 74 detached single family
dwellings on 15.2 acres, at a density of 4.87 dwellings per acre,
that the Applicant stated that the square footage of homes range
from 1,200 square feet and above.
4. That at the P & Z hearing Mike Wardle testified and his
testimony is incorporated herein as if set forth in full; he
basically stated, in part, as follows:
The Application is for approval of 74 dwelling units, the
density would be 4.9 units per acre; that the homes would be
detached single family dwellings with living space to the rear
and side, that there would be a recreational building, that
the roads would be private, that there would be two car
garages, that there would be parking islands that augment the
roadways, that drainage would feed into the adjacent lakes,
there would be five foot wide sidewalks but only on one side
of the road, that there would be some 0-lot lines, that street
setbacks would be met, that the house size of 1,400 would not
be met in all cases but the City can grant waivers or accept
smaller house sizes in a planned unit development, and that
the house sizes would vary from 1, 225 square feet up to 1, 881.
square feet.
He further testified that they would present a
landscape plan and that the landscaping would be commonly
maintained, that this proposed development offers the
opportunity for a life-style choice, smaller dwellings in a
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 2
clustered configuration with open space and home owner's
association maintained common areas; that the project will be
an "enclave", surrounded on three sides by the golf course,
providing a physical and visual connection to the golf course
open space and water amenities and will fit well with the
Ashford Greens and Cherry Lane Golf Course community.
Mr. Wardle also stated that the carefully designed site
plan incorporates "patio home" architecture; that indoor views
and outdoor spaces off the patios are expanded five (5) feet
beyond the property line with a "use easement" to the adjacent
wall of the neighbor's home; that this development is a 15
acre parcel within the Planned Residential Community of
Ashford Greens; that it is surrounded on three sides by the
Cherry Lane Golf Course; that it features small-lot single-
family homes designed for active, adult families; that the
houses are clustered around cul-de-sacs and meaningful common
open-space amenities; that green belts extend throughout the
development providing pedestrian and golf cart access.
Mr. Wardle stated at the January 9, 1996, meeting that
the homes would range from 1,225 to 1,886 square feet. Mr.
David Turnbull also stated at that meeting that 4 out of 5
homes would be 1,400 square feet or larger and 1 out of 5
would be smaller than 1,400 square feet, down to 1,225 square
feet, but he did not state particular percentages for the
different size homes. In regards to the streets being public
or private, it was stated that initially the streets were to
be public streets but that it was Meridian's choice. Mr.
Wardle finally stated that they were now proposing that as a
result of ACHD's input, that Meridian consider approving the
street system as a private street system.
Mike Wardle submitted a letter dated January 17, 1996,
concerning fencing, which is incorporated herein as if set
forth in full.
5. That at the City Council hearing the following, basic,
testimony was given:
Mr. Wardle testified that the parcel in the center was
approved, conceptually, for up to 8 units to the acre.
Overall density of the entire project was originally approved
was 3.55 units to the acre. This parcel is submitted at a
density of 4.9 with a detached dwelling concept. The proposal
submitted to the Commission as they recommended for approval
accommodated five different dwelling units ranging from 1225
square feet up to 1881 square feet. Dwellings would have lap
siding and shake roofs. He showed a technical site plan which
identified the proposed setbacks and the size of the parcels,
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 3
which typically would be 46 by 100 or 4600 square foot. There
are only 12 units that take frontage from the loop street that
goes through the project. Others are clustered on cul-de-sacs,
and some private drives which may in some cases accommodate
access for up to four units.
As we originally submitted the project it had a public
street system with streets to ACRD standard of 29 feet back to
back, that is back of curb. ACRD felt that it would be
appropriate for the loop street to be expanded to its full 50
foot right of way which is a 37 foot back to back standard. We
have a system with a one sidewalk system along the streets and
extensive internal circulation system that provides access the
golf course club house area and to the recreation center to be
constructed in this area. The Planning Commission actually
agreed with the sidewalk and the pathway system. But they
recommended to the Council that the roadway be public and
conform to ACHD standards and there was a caveat in their
recommendation, which was that the road be public and meet
ACRD requirements, unless ACHD allowed a variance from its
requirements. A variance has not been submitted to ACHD. Our
proposal to you this evening is to act upon the request with
the stipulation that we be allowed to do private streets
unless ACHD grants a variance.
He submitted some photographs that showed existing public
streets with a street 29 foot back to back street section,
which is what we propose here and there is still room for
parking. There is a provision for islands and gated entry at
both ends of the project. The project provides enclaves for
the residences rather than lining up streets with garages
frontages. There is a significant amount of open space, 19$ of
the area in fact is and would be privately owned and
maintained open space. The project with public streets would
also have the necessary funding mechanism set up in the
bylaws, covenants and restrictions for operation and
maintenance of the roadway system.
The change in findings and conclusions we requests is as
follows:
No. 1, be modified to state that the road shall be
private, but shall meet ACHD construction standards. And
then the same terminology unless ACHD allows a variance
from its public street requirement City.
No. 2, be modified to state that all setback and
yard requirements shall be in conformance with standards
submitted in the project application and detailed in the
technical site plan.
No. 3, not be changed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 4
No. 4, regarding set backs that they be changed to
require a 25~ reduction,' and not 20~.
No. 5, regarding sidewalks, that it be changed to
state that street sidewalks and internal pathway systems
be in accordance with the technical site plan and
preliminary plat.
Mr. Wardle showed a tissue overlay that showed the
way they would add entrance islands with no change on the lots
at one end but change to the private driveway access on the
other end. He stated they have a preliminary plat modification
that shows the change. In conclusion Mr. Mayor in as much as
the Planning Commission recommended approval of the
conditional use permit and the preliminary plat and did
extensively discuss it.
In concluding, he discussed private versus public
streets, and stated the only way to accommodate a private
street system is the inclusion of these entry facilities for
gating purposes we would ask that the Council proceed to
approve the conditional use permit to modify the findings and
conclusions that would allow private street and make these
other modifications.
6. Discussion was had at the hearing with Mr. Wardle and
with Mr. Turnbull, which is incorporated herein as if set forth in
full, and related to the size of the lots; Mr. Wardle stated that
P & Z had approved 4,600 square foot lots and approved a waiver of
the R-4 requirements; Mr. Turnbull then stated that they had
prepared five house plans ranging from 1,200 to 1,800 square feet
and stated that Commissioner Hepper talked about a 25~ restriction
on the homes under 1,400 square feet and that he, Mr. Turnbull, did
not desire to limit his options.
He also testified that he would anticipate that there would be
some masonry, probably not stucco but would prefer the lap siding
for dimensional character, brick or stone; that the testimony
before the Planning and Zoning Commission stated the sizes; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 5
Commissioner Hepper did talk about something like a 25g restriction
on the homes under 1,400 square feet; that the Applicant's
testimony at that point was simply that they didn't necessarily
want to limit options for empty nest professionals; that
Applicant's experience would be that it would probably be less than
the 25~ and that only one of the five plans falls under that 1,400
square foot level; that a conditional use conceptual approval of 8
units per acre was approved and that it is now down to less than 5
units per acre. However, the Mixed Density parcels were only
conceptually approved.
7. Mr. Morrow asked Shari Stiles if all her conditions and
concerns were met through the P & Z process and she stated that she
did not know if they had submitted things on the architectural
style and building design. She stated in response to the question
that she could not definitely say that all the items of frontages,
roadway requirements, sidewalks, and the deed to the golf course
property had not been addressed and perhaps Mr. Wardle could
expound on whether the City had received the architectural style,
building design, building materials and color. She also stated
that the City had not received the landscaping plan and one of the
Findings on the initial application related to prior Mayor
Kingsford being adamant that Interlachen connect to Dawson Drive.
Mr. Wardle testified that Interlachen Drive did not relate to this
parcel.
8. That the owner of record is Brighton Corporation/Boise
Research Center, Inc.; that it is stated in the proposal that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 6
density would be 4.87 dwellings units per acre, there would be
public streets with a waiver of the requirement of sidewalks on
both sides of the street, there would be streets of 29 feet back-
to-back, private access drives for some parcels, a waiver of set-
back provisions is requested, dwellings would be from 1,200 square
feet and above, and zero-lot-line development was desired; that at
the public hearing the Applicant's representative stated that the
main loop road is only 45 feet in comparison to ACHD's 50 foot
section; that the initial application stated that the streets would
be public, which was changed during the proceedings on the
Application that they were going to be public, if the City
consented.
9. Under 11-2-409 ZONING SCHEDULE OF USE CONTROL, A, a
Planned Development Residential (PD-R) requires a conditional use
permit; that a conditional use permit was applied for but only
conceptually approved for the medium density development to be
developed as a planned unit development. (See the Finding 23. below
dealing with this approval.)
10. That the Assistant to the City Engineer, Bruce
Freckleton, submitted comments; that any existing irrigation and
drainage ditches crossing the property shall be tiled; that any
existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City
Ordinance, but wells may be used for non-domestic purposes such as
landscape irrigation; that a master street drainage plan be
submitted, including the method of disposal and approval from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 7
i
C~
Ada County Highway District and the affected irrigation/drainage
districts(s); that determination of the seasonal high groundwater
elevation and profile of the subsurface soil conditions, shall be
prepared by a qualified Engineer or soil scientists; that a copy of
the proposed restrictive covenants and/or deed restrictions be
submitted by review; that 5 foot wide sidewalks shall be provided
in accordance with City Ordinance;' that water service to this
development is contingent upon positive results from a hydraulic
analysis by the City's computer model; and that placement of the
fire hydrants be coordinated with the City of Meridian's Water
Works Superintendent.
That Mr. Freckleton submitted site specific comments which are
as follows:
a. That the sanitary sewer service and water service to this
site will be via an extension of proposed sewer mains to be
installed as part of the Ashford Greens Development; that the
Applicant will be responsible to construct;
b. That 100 watt high pressure sodium street lights will be
required at locations designated by the Meridian public Works
Department; that all street lights shall be installed at
subdivider's expense;
c. That the Meridian Fire Department and Meridian School
District need to review and approve of the travel way widths;
that as an absolute minimum, "No Parking" signs should be
posted along one side of the street;
d. That the Applicant shall provide a statement as to who
the ownership, and operation and maintenance of the
pressurized irrigation system will be, and;
e. That Hubble Engineering shall submit lot closure/area
calculations for all lots within this development for the
verification of minimum square footage standards.
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 8
\J
11. That comments were submitted by Shari Stiles, Planning
and Zoning Administrator, stating that it is common in a Planned
Unit Development that exceptions can be made by Council to district
regulations when they are desirable to achieve the objectives of
the proposed planned development; that to be consistent, this
project should either be held to the same requirements as required
for with the Highlands project and The Lake at Cherry Lane Nos. 5
& 6, which were not allowed housing sizes less than 1,400 square
feet, or the other projects should be allowed to have housing sizes
of less than 1,400 square feet; that other variances/exceptions
that would need to be approved to grant this conditional use permit
in an R-4 zone as presented, would be of the following:
1. Minimum lot sizes
2. Frontages
3. Minimum roadway widths/private drives/lots not fronting
on roadway
4. Parking areas closer than 4' from road right-of-way;
depths less than Ordinance requires
5. Ditches remaining open
6. Provision of 5' sidewalks on each side of roadway in
accordance with City Ordinance Section 11-9-606.B.
7. Front and side yard setbacks (5' per story on side)
Mrs. Stiles additionally commented that the Applicant shall
submit the following additional information:
1. A colored rendering of adequate scale to show the
completed development that will include at least the
following items:
a. Architectural style and building design;
b. Building materials and color;
c. Landscaping (is submittal showing actual or
conceptual landscaping? Sizes and species need to
be detailed);
d. Screening;
e. Garbage areas (or to be provided by each individual
homeowner?);
f. Parking (shown); and
FINDINGS OF FACT AND CONCLUSIONS OF LAW\ASHFORD GREENS #2
PAGE 9
g. Open space (shown)
2. That an Ada County Street Name Committee approval needs
to be obtained and the numbering of lots and blocks,
needs to be approved.
3. That a plan for the connection of Interlachen to Dawson
Drive and the clubhouse connection be submitted
4. Golf Course property deeded to the City in a manner
acceptable to Council prior to final plat approval.
5. Proposed restrictive covenants and deed restrictions
submitted.
6. Approval of the Ada County Highway District Technical
Review Committee.
7. Master street drainage plan submitted.
8. Indicate the minimum house sizes on the plat.
9. Pressurized irrigation, fire hydrants and street lights
shown on the plat.
12. That the Meridian Fire Chief commented; he stated that
all common areas will need to be kept clean of trash and weeds; all
street name signs need to be up and in place before building is
started; that he does not like the private drives because there
will be vehicles parked on the private drives; that there can be
"No Parking" in the cul-de-sacs and there needs to be "No Parking"
signs posted; that he does not like the narrow streets; that there
can be "No Parking" on both sides of the street and he questioned
who could enforce this; and he attached a document on Water Fire
Flow.
13. That the Meridian School District commented that it had
a problem with the amount of students that would be generated by
this development; that a school site was needed in this section,
and the cost to the District for educating them asking for help in
dealing with the impact of growth on schools; the Central District
Health Department commented that high ground water has been
observed at less than six feet below grade at this proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 10
general vicinity, it is concluded that the harmony must be with the
general vicinity, which is the entire golf course area, including
Cherry Lane Subdivision, The Lake at Cherry Lane and Golf View
Estates; that by making this proposed subdivision for a senior
citizen living complex does not remove the conditional use
requirement that the proposed use be harmonious with the general
vicinity.
18. That any comments from the Ada County Highway District
not yet received will be incorporated as if set forth in full.
19. That sewer and water is available to the property and is
required.
20. That Larry Sale, from the Ada County Highway District,
commented during the Ashford Greens conditional use process,
regarding the linkage between Interlachen Way and Dawson Lane; he
did not desire Interlachen Way to connect to this development,
stating that Interlachen was only a connector road from Cherry Lane
to where it ends now and should not be continued as a collector.
21. That 11-2-410 A requires the following yard setbacks when
there is a single-family structure and the house is on a local
road:
Minimum front yard set-back 20 feet
Minimum rear yard set-back 15 feet
Minimum side yard set-back 5 feet per story;
requires the following minimum lot sizes:
Lots in the R-4 District
Lots in the R-15 District
8,000 square feet
2,400 square feet/per
dwelling unit;
and requires the following minimum street frontage for each zone,
FINDINGS OF FACT AND CONCLUSIONS OF LAW~ASHFORD GREENS #2
PAGE 13
•
•
"A PD shall be governed by the regulations of the
district or districts in which said PD is located.
The approval of the Final Development Plan for a PD
may provide for such exceptions from the district
regulations governing use, density, area, bulk,
parking, signs, and other regulations as may be
desirable to achieve the objectives of the proposed
PD, provided such exceptions are consistent with
the standards and criteria contained in this
Section."
Since the property is in an R-4 district, the Applicant
and the City shall be guided by the R-4 requirements.
The density of the entire project is within the four
units per acre requirement of the R-4 district even
though there is a medium density provision in the
development of the entire area. The other requirements
of the R-4 district may be varied to meet the objectives
of this proposed planned development, as long as they are
desireable. A detailed development plan for the medium
density and a new preliminary plat of the single family
layout is necessary so that they can be reviewed to
determine if the exceptions to the R-4 requirements are
desireable.
15. site plan for the medium density parcels shall be
reviewed and approval by the Planning and Zoning
Commission and the City Council, meeting all required
procedures.
16. the Applicant deed the golf course property,
included as part of the residential planned development
immediately, to the City.
24. That proper notice has been given as required by law and
all procedures before the Meridian City Council have been given and
followed.
25. That there was no testimony objecting to the application.
26. That any and all Applications, maps, drawings, documents,
testimony, and statements, made by Applicant or its representatives
at public hearings or meetings, and all other items, writings, and
documents made or given as a part of this Application, are
incorporated herein as if set forth in full.
ASHFORD GREENS MOTION Page 16
• •
CONCLUSIONS
1. That 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 Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
5. That Section 11-2-409 A lists Planned Residential
Developments as a conditional use in the R-4 District.
6. That the Subdivision and Development Ordinance speaks to
planned unit developments in 11-9-607 and such has been
incorporated herein as if set forth in full.
7. That Section 11-9-607 E states that a PD shall be allowed
only as a Conditional Use in each district, subject to the
standards and procedures set forth in section 11-9-607; that a PD
shall be governed by the regulations of the district or districts
ASHFORD GREENS MOTION Page 17
in which said PD is located; the approval for a PD may provide for
such exceptions from the district regulations governing use,
density, area, bulk, parking, signs, and other regulations as may
be desireable to achieve the objectives of the proposed PD,
provided such exceptions are consistent with the standards and
criteria contained in this section. It is therefore concluded that
this Application for a Planned Unit Development should be approved
under the conditions and requirements stated herein.
8. That Section 11-9-607 G. 8. provides that all Planned
Developments shall be subject to design review by the City staff
and Council; that it is concluded that the above section shall be
a requirement and Applicant required to comply with it.
9. That it is concluded that the Applicant shall be required
to meet, and comply with, the requirements of Bruce Freckleton,
Assistant to the City Engineer, and Shari Stiles, City Planning and
Zoning Administrator.
10. That it is concluded the City reserves the right to place
appropriate conditions on this medium density application, in
accordance with Ordinance requirements, and the City has the right
and duty to place conditions when the application is for a
conditional use; it is further concluded that if Applicant obtains
approval from Shari Stiles, the Planning and Zoning Administrator
and/or from Bruce Freckleton, Assistant to the City Engineer, it
may receive the following changes to the Ordinance requirements, to
wit:
1. That the streets may be private but shall be constructed
to meet ACRD construction standards and requirements; if
ASHFORD GREENS MOTION Page 18
•
the streets are private they must be 29 feet back-to-back
and if they are public they must meet ACHD standards and
requirement; if the streets are private that the
Applicant shall establish, in the Covenants, Conditions
and Restriction's (CC & R's), a means of collecting, each
year, a depreciation fund sufficient to build a fund to
maintain the streets at any and all times of the year
such maintenance is required and to totally reconstruct
them in twenty (20) years.
2. That 5 foot sidewalks may be constructed only on one side
of the roadway, if allowed by ACRD; Applicant shall place
and construct the internal pedestrian system represented;
and the Applicant shall establish, in the CC & R's, a
means of collecting, each year, a depreciation fund
sufficient to build a fund to maintain the sidewalks at
any and all times of the year such maintenance is
required, and to totally reconstruct them in thirty (30)
years.
3. That street frontage of 46 feet is allowed for all lots
and all lots having direct access to a street must have
that amount of frontage; that the lots that have private
drives for access shall have frontage on the private
drive for a minimum of twenty (20) feet.
4. Front setbacks of 20 feet must be met and no reductions
in any required setbacks are allowed, unless the house is
on a 0-lot line; that all yard depth requirements shall
be met; that all homes shall have rear yards of twenty
(20 ) feet, as represented; the minimum side yard set back
shall be five ( 5 ) feet per story, or minimum building
separation shall be ten feet for single level homes
adjacent to each other, but if a single level home is
adjacent to a two story home the separation must be
fifteen (15) , five feet for the single level and ten feet
for the two storey home; that if two two story homes are
adjacent the separation must be twenty ( 20) , ten feet for
each home.
5. That the minimum lot size required in the R-4 District,
of 8,000 square feet, need not be met for all homes
because this is a planned unit development, but the lot
sizes shall not be smaller than 4,600 square feet.
6. That no more than 74 lots shall be allowed in the
development of the parcel and the density shall not be
more than 4.87 dwelling units per acre.
7. There must be parking pods, as shown on the submitted
plats and drawings, only for guests, scattered throughout
the subdivision and there shall be signs placed showing
ASHFORD GREENS MOTION Page 19
•
that they are for guests only and a means of enforcing
that requirement in the CC & R's must be established and
adopted.
8. That the minimum lot size required in the R-4 District,
of 8,000 square feet, need not be met for all homes
because this is a planned unit development, but the lot
sizes shall not be smaller than as shown on the
preliminary plat submitted for approval along with this
application for a conditional use.
9. That only one-fifth of the homes constructed may be less
than 1,400 square feet, but there shall be no homes
smaller than 1, 225 square feet; that all other homes must
be 1,400 square feet or larger, as represented.
10. That the club house/recreation center represented to be
in the subdivision must be constructed; that it must be
constructed on or before the first twenty-five lots are
sold. That the parking areas for the club
house/recreation center may be closer than 4' from road
right-of-way.
11. That both street entries into the subdivision shall be
gated.
12. That the residents should be "seniors" as represented and
all laws, federal or state, pertaining to a senior
citizens residential area must be met.
13. That only single-family detached homes may be
constructed.
14. That Applicant shall present CC & R's to the City showing
compliance with the terms of these Findings and
Conclusions, but the City of Meridian shall not enforce
them but compliance must be shown
15. That it must be shown how Interlachen and Dawson Drive
will connect; that it need not be shown on a plat for
this subdivision but it must be shown prior to submittal
of any additional development application involved in
Ashford Greens.
11. That the Applicant and its agents made representations
regarding the Application and the development of the property to
achieve approval of the Application, or parts thereof, many of
which are in these Findings and Conclusions, but all of which are
ASHFORD GREENS MOTION Page 20
• •
in the record and have been, or are hereby, incorporated herein;
that all representations made and the requirements of these
Findings of Fact and Conclusions of Law, shall be met; that if the
above are not met the approvals made shall be subject to
cancellation and the property subject to de-annexation.
12. That all Ordinances of the City of Meridian shall be met,
including but not limited to, the Zoning Ordinance and the
Subdivision and Development Ordinance, both as modified by Section
11-9-607 of the Subdivision and Development Ordinance, and the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code,
Uniform Electrical Code, the Fire and Life Safety Code, and all
parking and landscaping requirements.
13. That 11-2-418 C of the Revised and Compiled Ordinances of
the. City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The Planned Development use, would in fact,
constitute a conditional use and a conditional use permit
is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance and
the Subdivision and Development Ordinance require a
conditional use permit to allow the use.
c. The Applicant did not specifically state that the
development would be designed and constructed to be
harmonious in appearance with the intended character of
the general vicinity, which- is the Cherry Lane Village
Subdivision, The Lake at Cherry Lane, and Golf View
ASHFORD GREENS MOTION Page 21
Estates; Applicant did, however, state .that the character
of the homes would comport to existing homes, that they
would have only detached single-family dwellings, two-car
garages, gross density would be 3.55 to 3.2, some 0-lot
line development, shake roofs, and discussed the square
footages of some of the proposed homes.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available
and, such, will have to be installed and connected by the
Applicant.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development, and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
14. That regarding the conditional use finding that must be
addressed pursuant to 11-2-418 C 3. as to the harmony of the
project to the general vicinity, it is concluded that the harmony
must be with the general vicinity, which is the entire golf course
area, including Cherry Lane Subdivision, Golf View, The Lake at
Cherry Lane and Golf View Estates; that by making this proposed
subdivision for a senior citizen living complex does not remove the
conditional use requirement that the proposed use be harmonious
with the general vicinity.
15. That the representations made by Applicant, or its
agents, have been filed with the City or stated at the meetings and
ASHFORD GREENS MOTION Page 22
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public hearings, and such are incorporated herein as if set forth
in full; that if Applicant does not comply with those
representations the approvals given to the Applicant and the
property shall be subject to revocation and the property subject to
de-annexation.
16. That the representations made by Applicant, or its
agents, and the requirements of the Ordinances of the City of
Meridian shall be met and complied with, these representations and
requirements include, but are not limited to, the following:
1. All Ordinances of the City, except which are allowed not
to be complied with herein.
2. Meeting the requirements of City Staff.
3. Meeting all of Applicant's representations regarding
development, included in the testimony, the applications,
in, or on, the plats and drawings, or in any way made a
part of the application.
4. Construction of not more than one-fifth of the homes in
the subdivision at 1, 225 square feet to 1, 400 square feet
single story homes;all other homes shall be 1.400 square
feet or larger; all homes, regardless of their size,
shall have at least a two car garage.
5. Constructing and placing the recreation/club house and
all amenities thereto on or before 25 lots are sold.
6. Constructing, planting and placing all landscaping at the
perimeter, entrance and within the subdivision.
7. Construct entry gates into the subdivision,
8. Meet the comments of the Fire Chief regarding parking and
the placing of signs to reflect the parking restrictions.
9. Tile all waterways,, unless a variance is applied for and
granted, and construct and supply pressurized irrigation.
10. Construct and place the parking pods as shown.
17. That the Applicant shall meet-and perform all of the
requirements of the Motion passed ,and approved for the entire
Planned Unit Development which Motion is stated in Finding Number
23.
18. That a warranty deed for the golf course property,
included in any of the land owned or being developed by Applicant,
ASHFORD GREENS MOTION Page 23
• •
by David Turnbull, or any entity in which David- Turnbull has an
interest in, shall be delivered to the City on or before May 16,
199.6; that if such deed is not delivered on or before that date
procedures to revoke all approvals of development on the property
surrounding the back nine of the golf course shall be instituted.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
DECISION
VOTED
VOTED
VOTED
VOTED
VOTED
The Meridian City Council hereby approves and grants this
Conditional Use Application for a Planned Unit Development under
the conditions stated above in these Findings of Fact and
Conclusions of Law; that this approval is subject to all City
Ordinances, except as allowed not to be met as stated herein, but
specifically including design review and plat approval under the
procedures of the Subdivision and Development Ordinance.
MOTION:
APPROVED:~~ DISAPPROVED:
ASHFORD GREENS MOTION Page 24