HomeMy WebLinkAbout1996 10-01• •
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 1, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELD SEPTEMBER 16, 1996:
(APPROVED)
MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 17, 1996:
(APPROVED)
SWEARING IN OF NEW POLICE OFFICERS:
TABLED AUGUST 20, 1996: REQUEST FOR A PRIVATE ROAD BY ST.
LUKE'S HOSPITAL: (APPROVED PRIVATE ROAD AND NAME
AS ST. LUKE'S WAY)
2. TABLED SEPTEMBER 17, 1996: REQUEST FOR A TEMPORARY
CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY
RRESCOTT HOMES: (WITHDRAW REQUEST)
3. TABLED SEPTEMBER 17, 1996: FINAL PLAT FOR BEDFORD PLACE
SUBDIVISION NO. 3 BY BRIGHTON CORPORATION: (TABLED
UNTIL OCTOBER 15, 1996)
4. TABLED SEPTEMBER 17, 1996: MERIDIAN PRESBYTERIAN CHURCH:
REQUEST HOOKUP TO CITY WATER AND SEWER: (APRPOVE
HOOK UP WITH DOUBLE FEE A$ PER CONDITIONS)
5. ORDINANCE #745 -VACATION OF EASEMENTNALLA: (APPROVED)
6. ORDINANCE #746 -REZONE ORDINANCE - WATKINS/STEWART:
(APPROVED)
7. ORDINANCE #747 -PLANNING 8~ ZONING MEETING: (APPROVED)
8. PUBLIC HEARING CONTINUED FROM SEPTEMBER 17, 1996: REQUEST
FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY
ENTERPRISES: (CONTINUE PUBLIC HEARING UNTIL OCTOBER
15, 1996)
9. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURTLE CREEK
SUBDIVISION NO. 1 BY JOHN STEELE: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
10. DON HOWELL: CHERRY LANE NO. 1 AND 2 ENTRANCE LID PROPOSAL:
(UPDATE)
11. UPDATE ON CAROL MOXLEY CONCERNS WITH CHAMBERLAIN ESTATES:
(CITY ATTORNEY AND P ~ Z ADMINISTRATOR TO SEND LETTER
TO DEVELOPER WITH CONDITIONS)
12. IDAHO TENT & CANVAS: REQUEST FOR A TEMPORARY SALES TRAILER:
(APPROVE TEMPORARY TRAILER FOR 8 MONTHS)
13. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
14. APPROVE BILLS: (APPROVED)
15. DEPARTMENT REPORTS:
A. SHARI STILES:
1. SENIOR ICDBG PROJECT: (UPDATE)
B. CHIEF GORDON, POLICE CHIEF:
1. AUCTION RESULTS:
2. POLICE DOG:
C. WALT MORROW, CITY COUNCILMAN:
1. LETTER TO BRIGHTON CORPORATION:
D. GLENN BENTLEY., CITY COUNCILMAN:
1. TULLEY PARK CONSTRUCTION:
E. CHARLIE ROUNTREE, CITY COUNCILMAN:
1. ST. LUKE'S/BCDC PROPERTY:
F. MAYOR CORRIE:
1. SHERIFF'S DEPARTMENT DISPATCH AGREEMENT WIT'F~1 FIRE
FIRE bEPARTMENT: (APPROVED)
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MERIDIAN CITY COUNCIL OCTOBER 1, 1996
The regular meeting of the Meridian City Council was celled to order by Mayor Robert D.
Corrie at 7:55 P.M.:
MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Susan Lee,
Dan Lerner, Donna Lerner, Gary Lee, Paul Hoffman, Tammy and Jan de Weerd, Steven
Jenkins, Doug Stewart, Jared Browning, Jeff Hull, Carol Moxley, Jon Steele, Richard
Draper, Chief Gordon, Craig Fawley, Tracy Basterrechea, Gary Miller, Earl Scharff:
MINUTES OF SPECIAL MEETING HELD SEPTEMBER 16, 1996:
Corrie: Any corrections or alterations to those minutes? I will entertain a motion that we
accept those minutes.
Rountree: So moved
Tolsma: Second
Corrie: Motion made and seconded we accept the minutes of the special meeting' held
September 16, 1996, all those in favor? Opposed?
MOTION CARRIED: All Yea
MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 17, 1996:
Corrie; What is your pleasure on that one? I will entertain a motion that we accept the
minutes for the previous meeting held September 17.
Rountree: So moved
Tolsma: Second
Corrie: Motion made and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
SWEAR IN NEW POLICE OFFICERS:
Gordon: Mr. Mayor and Council, I hired four new officers this morning, I would like to
introduce them to the Council and ask the Mayor to swear them in. The first officer is
Craig Fawley, Tracy Basterrechea, Gary Miller, and Earl Scharff.
Meridian City Council
October 1, 1996
Page 2
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MAYOR CORRIE SWEARS IN FOUR NEW OFFICERS: CRAIG FAWLEY, TRACY
BASTERRECHEA, GARY MILLER, EARL SCHARFF:
Tolsma: I want to make a comment here, I just noticed tonight that all of the police officers
tonight was (Inaudible)
Corrie: Before we get into the Council agenda, I would like to tell the audience that the
final plat for Bedford Place Subdivision No. 3 has been requested by the developer to be
tabled and so if you are here just for that one and you don't want to stay that one will be
tabled and with the Council's approval I would like to move item 11 up to 4 B because Mrs.
Moxley has to pick up her husband at the airport. So just to give you an update on that.
Morrow: (Inaudible)
Corrie: Right after the Meridian Presbyterian church hook up, that would be 4 B. That will
give her a chance to pickup her husband at the airport and it is just going to be an update
on that information that we found.
ITEM #1: TABLED AUGUST 20, 1996: REQUEST FOR A PRIVATE ROAD BY ST.
LUKE'S HOSPITAL:
Corrie: Is there a representative from St. Luke's Hospital here tonight?
Hull: Mayor Corrie and Commissioners my name is Jeff Hull from St. Luke's Regional
Medical Center. I must explain why I am here because I didn't actually know why
originally, in order to complete our electrical contract on the project at Eagle Road the
contractor has to hang some road signs at the intersection on the light standards out there.
In an attempt to select a name to hang apparently it has bounced back and forth from ITD
and ACHD and they finally said send it to the County Street Name Committee. They then
suggested it come before you folks to designate it as a private road or lane or driveway
prior to them giving. us a name and allowing us to complete and hang the private road
signs up there. I think as you have heard us before you previously, our intention is to
develop a private campus, an enclosed campus with a ring road. I have a graphic if you
would like to visit again what that might look like. And essentially that is what we are here
to complete. If there are any questions or any information I can give you I would make
myself available now.
Morrow: I guess I have a question in terms of, where does the name for the road come
from?
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October 1, 1996
Page 3
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Hull: We have attempted to select a few and as they have been unaccepted to whichever
agency they have suggested that we select St. Luke's Way would be acceptable to ITD
and ACHD and that is certainly acceptable to St. Luke's. Apparently the Cqunty road
naming committee would like to have it designated as a private road prior to them
accepting that designated as such.
Morrow: Thank you, I have no further questions.
Corrie: Thank you Jeff
Rountree: I have a question for Counsel, is that a charge of the Council to designate
private lanes, roads and ways? I know we do subdivisions as part of the platting.
Crookston: This has not come up as far as naming a private road; I think it is appropriate
for the Council to do that at St. Luke's request. I think their biggest deal is with the street
name committee.
Rountree: So does that take a resolution or an ordinance or just a motion on the part of the
Council?
Crookston: It would just be a resolution, an ordinance is not required.
Morrow: I have a question, is it even a resolution or simply the Council saying yes we
approve the private road within St. Luke's compound and it shall be called St. Luke's Way.
Crookston: Well if the Council votes it doesn't have to be a written document that is a
resolution.
Tolsma: Didn't I understand it right that what we are after here is he wants it designated
a private road by the City so that they can name it St. Luke's Way?
Crookston: That is my understanding.
Tolsma: We are not naming the road, they are naming the road.
Morrow: We have to accept the name.
Tolsma: We have to designate it as private first.
Crookston: I think you can do it one motion.
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October 1, 1996
Page 4
Bentley: Are we stepping on the toes of the Street Name Committee if we are the ones
that are saying that is going to be the name?
Corrie: It sounds like to me they wanted it handed down to somebody, they didn't want to
do it themselves. If they didn't want to do it then I guess we can do it for them and they
would accept that fact and thought that St. Luke's Way was a good name so I guess we
have it within our prerogative to approve the private road and call it St. Luke's Way and
let them get on with their business.
Rountree: Mr. Mayor I would move that we approve the drive into St. Luke's facility as a
private road and that the name St. Luke's Way is an acceptable name.
Bentley: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley, you have heard the motion,
any further discussion? Hearing none, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: TABLED SEPTEMBER 17, 1996: REQUEST FOR A TEMPORARY
CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY PRESCOTT
HOMES:
Berg: Mr. Mayor, at the request of the City Council I called the applicant and he verbally
told me it was too much of a hassle to come before the City Council and make that
request so he is withdrawing his request.
Morrow: Mr. Mayor, I move that we remove the request for a temporary construction trailer
by Prescott Homes from the agenda.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to remove the request for
temporary construction trailer, any further discussion?
Bentley: I have a question, does that mean there is not going to be a trailer or he is going
to put one there without authorization?
Berg: I can't read his mind, that would be illegal. As far as I know he know he has to get
it approved by the City Council, if he does it illegally then I guess we will go out and fine
him.
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Meridian City Council
October 1, 1996
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Morrow: That is what we have a zoning enforcement officer for.
Berg: But he knows he is supposed to get approval.
Corrie: Any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED SEPTEMBER 17, 1996: FINAL PLAT FOR BEDFORD PLACE
SUBDIVISION N0. 3 BY BRIGHTON CORPORATION:
Corrie: We have a request that be tabled by Gene Smith the engineer for that corporation,
entertain a motion.
Rountree: So moved
Tolsma: Second
Morrow: Do we have a date?
Corrie: No we don't have a date until October 15. Motion made tha# we table the final plat
for Bedford Place Subdivision No. 3 to the October 15 meeting, any further discussion?
All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED SEPTEMBER 17, 1996: MERIDIAN PRESBYTERIAN CHURCH
REQUEST HOOKUP TO CITY WATER AND SEWER:
Corrie: That was tabled for further study of the detailed sewer and water problems.
guess Mr. Smith
Smith: Mr. Mayor and Council members I believe that extension of the sewer in Ustick
Road from Meridian Road west is not going to be a feasible situation for even the park site.
I wasn't able to confirm that with my assistant but in talking to Mr. Hoffman tonight that is
the information that he got from Brad my assistant. So it doesn't appear that the extension
of the sewer in Ustick Road for this particular development is appropriate. This piece of
property can be served by an extension of a service line from Meridian Road that is
presently stubbed out to this property. And that service line will be property of the
developer of the church it won't be a City line. It will have to be installed in accordance
with the Uniform Plumbing Code and inspected by our plumbing inspector. In terms of the
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October 1, 1996
Page 6
water, the water line will need to be extended in Ustick Road for the length of the
development. At this point in time I can't tell you what size that line needs to be, it is going
to be a major transmission line because of the location of the tank and a pumping facility.
It will be probably larger than a 12 inch diameter line. The church property will need to be
responsible for their share of the cost of that line at a minimum. I suspect that an
agreement can be worked out between the church and the City as far as who pays how
much for the installation of the water line. The connection fees though because they are
in the County are by ordinance a double assessment. That requires your approval for their
connection. At this point I don't know that there is any chain of property available to
provide annexation of the property from existing City limit boundaries.
Currie: I guess the question I had, are they aware of all of the changes here that, about
the sewer and water? Have you discussed this with them?
Smith: I talked with Mr. Hoffman just earlier this evening before Council convened.
Currie: Questions Council?
Morrow: Mr. Mayor, I would move that we allow the hook ups as requested by the Meridian
Presbyterian Church to charge double connection fees that the sewer line be allowed to
be extended from the existing sewer service stub out in Meridian Road and the church .pay
their proportionate share of the to and through water line that will exist in Ustick Road.
Rountree: Second
Morrow: Motion made by Mr. Morrow, second by Mr. Rountree, you heard the motion as
stated, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea.
ITEM #11: UPDATE ON CAROL MOXLEY CONCERNS WITH CHAMBERLAIN
ESTATES:
Currie: Council do you have the memorandum from the Code Enforcement Officer did you
get that in your file? One of the things that we tried to see if we .could get was Bill Henson
from the Nampa Meridian Irrigation District to make a walk through out there and just see
what we had on that ditch. We also went back through the conditional excuse me the
minutes in asking about what was said as far as the permits. Shari, do you want to kind
of tell the Council what we found out as far as what we thought and what was what and
what was not on that development agreement.
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Meridian City Council
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Stiles: Mr. Mayor and Council, I stated before that I believed the development agreement
said retain and protect the ditch, it did not have any language to that effect. The thing I
was referring to was on the development plans, the construction plans that were approved
for this subdivision. The only note they have about the ditch is that it be protected in place.
Bill Henspn and Dean Ehlert and I went out there today, Dean and 1 walked along most of
the easterly boundary of the ditch. The weeds are quite high, they are not able to get the
equipment in there that they had used in the past to get the weeds down. The ditch is
approximately 3 feet from the fence line and apparently when they put the fence in
because the property was lower they had to build up that side and it is rough in along the
fence line there. I guess my problem now is I don't know where we go from here, where
legally we stand as far as being able to require the developer to pipe it. There are some
flow problems and some of them are because of the weeds and some of them are because
of how they. dealt the ditch and how they constructed the inlet into the existing ditch. I
guess I am just asking Council and Wayne Crookston to make some determination of
where we go from here. Public Works Department and Planning and Zoning Department
are stuck on how we need to proceed now.
Crookston: I have not reviewed the development agreement but I have reviewed the
findings of fact and contusions of law. They require that all ditches be tiled or piped. We
do have a provision in our ordinance that allows a variance if they desire not to do that
work they need to request a variance. It is my understanding that there was soi'ne
discussion about that development initially and it was to my knowledge there is no written
agreement but there was some discussion between the developer and the City that ditch
not be tiled at that time. I am assuming that is what happened as I said to my knowledge
there is no written agreement waiving that requirement. If the developer requests that
requirement be waived which is Mr. Howell he needs to apply fora variance then the City
can act on the variance. I have not reviewed the development agreement but what Shari
has said that it is not really addressed in that development agreement is that correct? So
at this juncture under our ordinances as they stand now if it is, this is not in the ordinance
at this time. The City has allowed ditches that are larger than 48 inches not to be tiled, it
is my understanding that this ditch the piping would not be larger than 48 inches so that
it should be piped and as I said if there is a request or a desire not to do that they would
need to request a variance.
Morrow: Question Mr. Mayor, this ditch that wa are discussing, was it originally on the
Howell property or was it originally on the Moxley property?
Stiles: It was on the Moxley property.
Morrow: From the very beginning?
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Meridian City Council
October 1, 1996
Page 8
Stiles: Yes
Morrow: My question to the Counselor is then how would you require the ditch to be tiled
if it is was not on the Howell property?
Crookston: What our ordinance says is that if the ditch is in essence a boundary that it still
be piped is what our ordinance says.
Morrow: I guess the question then is if this ditch is 3 feet away from the property line
where is the boundary?
Crookston: Well that would need to be a determination of what the banks of the ditch are.
I don't think that the ordinance would allow the ditch not to be tiled if the banks of the ditch
were the boundary. Let's say that the water flowing through the ditch was not the
boundary but the banks of the ditch were then I think it should have to be tiled.
Morrow: Well prior action by this Council in terms of and I believe it was Bedford Place
Crookston: It was
Morrow: The determination was made by the Council at that time that the property line
represented the boundary and that if the ditch and the right of way were contained within
somebody else's property line it was not up to the developer to the that ditch.
Crookston: That is correct, all I am stating is what our ordinance says.
Morrow: Thank you, no further questions.
Corrie: Any further questions of the Council or to the Counselor? So what I guess
Counselor if I am hearing correctly we are not responsible for what has happened down
there because the ditch is on her property line. So this is a problem between the developer
and Mrs. Moxley.
Crookston: I believe that is correct but I believe that the City needs to make a decision as
to whether or not the ditch should be tiled because it is an abutting boundary. Which in
the case of Bedford the City Council decided that particular ditch should not be tiled but
I think that the City needs to make a decision because if it is an abutting boundary our
ordinance says that is has to be tiled.
Bentley: I think if my memory serves me correct we discussed the issue of tiling the ditch
and I believe that Mrs. Moxley said they didn't want it tiled for reasons of ascertaining the
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Meridian City Council
October 1, 1996
Page 9
water out of it. I might be mistaken but that sticks in my mind.
Crookston: Mr. Mayor and Council, as I remember from what she said at the last City
Council meeting was that initially she had been approached by a realtor that had asked
her to sign a consent that it not be tiled that there had been, now she says reasons why
she did not think she should have signed that. She stated and led the Council to believe
that the realtor placed some kind of inadvertent pressure on her to sign the document. I
can't say that is right, wrong or indifferent, she did sign it. But I don't think that is
necessarily binding upon the requirements of our ordinance that says abutting ditches on
abutting boundaries must be tiled.
Rountree: Mr. Mayor, my recollection is that there was some evidence given that the
developer had moved the property pins, that would bring into question we even knew
where that ditch was with respect to the property line and make a decision as far as the
boundary aspect of it kind of difficult.
Morrow: I think the question of the property pins was that in the installation of the fence
the property pins got pulled out were not replaced. So the presumption there would be
that the fence was in fact on the property line so I guess from my perspective here is that
I think that the ditch was an operational functional ditch as part of the developing
occurring. The developer whether the ditch is on his property or the Moxley property has
an obligation to make sure the ditch continues to function. The placement of a fence and
construction work taking place nearby could impact the ditch and have it not function
properly. The issue is whether the ditch is on your property and you lose the benefit of
being able to drive a tractor down it and ditch it out because there was not a fence there
before, the fence wasn't in that configuration it is ~n issue that you have to deal with as
an individual. The second thing is I am a little troubled with what abutting means, does
abutting mean 3 feet away, 9 feet away, 30 feet away, clearly in my mind and the decision
we made before that the ditch in its entirety was within somebody else's property line it
was clearly not fair to require an improvement of someone else's property. I think abutting
in my mind means that the water flow itself was on the property line. And so it seems to
me that the proper course of action here would be to require the developer to make the
ditch serviceable and should the Moxley's want to move the ditch so that they can use
equipment to service it then that is their option but that is not something that we can
require because we can only require in my mind from the developer a return to service. If
he destroyed wooden dams that they had or wooden check boxes that they had in the
ditch he has an obligation to replace those check boxes. He had an obligation to replace
the property pins. He has an obligation to put in the necessary elbows so that the water
can move and not erode the bank of the ditch and make the ditch serviceable and function.
It might be a good neighbor sense or gesture on his part to remove weeds but certainly in
the future that maintenance would be in my opinion (inaudible). So I see those as being
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Meridian City Council
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the issues (inaudible).
Rountree: To summarize all you said to put the ditch back into serviceable condition it was
prior to construction.
Morrow: That is absolutely correct. And the property pins issue, the property pins need
to be there for, at some point in time they may wish to (inaudible) and have to have that
as proof of property for title insurance purposes.
Tolsma: (Inaudible) burn the ditch every year in the spring and they put in a flammable
fence (inaudible) that a nonflammable fence be installed, a sealed nonflammable fence.
Which one of them was out there on Los Alamitos (inaudible)
Morrow: Was that part of the findings of fact and conclusions? Did we require that of this
developer?
Tolsma: I don't know
Crookston: It is not addressed in the findings of fact and conclusions of law.
Morrow: The development agreement?
Corrie: No, it was in the development agreement either was it Shari? That wasn't in the
development agreement even, the wood fence or the metal fence, non-combustible?
Stiles: No it wasn't, it just spoke to perimeter fencing.
Morrow: And didn't describe it in any manner?
Stiles: No
Rountree: Now the real question do we direct the enforcement officer to instruct the
developer that he is to put it back in service, do we write a letter to the developer?
Morrow: I think the -first thing is the developer has written a letter to the Moxley's talking
about as soon as the water goes out of the ditch on or about the 15th of October that they
will put in the 45 degree concrete elbow where it enters their property at the southeast
comer. I think that what we do as a City is we address those other issues by virtue of letter
to the developer and say these are the other conditions that we want resolved to bring this
to a conclusion.
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Meridian City Council
October 1, 1996
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Rountree: That is about all we can do at this point.
Corrie: We need to make sure they have permission of the Moxley family that they go on
that property and do that.
Morrow: Well that has to be some what of a cooperative effort that is for sure.
Corrie: I understand that as long as everybody else does.
Morrow: Well that being the case Mr. Mayor I would move that we instruct the City
Attorney or the head of the P & Z Department to draft a letter to Kevin Howell Construction
outlining the conditions that we as a City would like to see those being that as soon as
water has gone from the ditch and it is dry enough to work that the elbow be installed that
the property pins be replaced and any irrigation structures that existed in the original ditch
that were destroyed during construction of either the fence or earth work be replaced.
That as a gesture of good faith that the weeds be removed at this particular point in time.
That is all contingent upon the Moxley's granting the permission for that work to occur on
their property.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you heard the motion, any
further discussion on the motion?
Bentley: I have something, I think we need to make the Moxley's aware that after if the
weeds are indeed removed that after this the upkeep of the bank will be theirs so that they
don't feel this is going to be an ongoing clean up by the developer.
Corrie: Any further discussion? Sure you are part of this, we want to make sure that
everybody gets fair shake here including you and the others:
Moxley: My name is Carol Moxley, I am at 2680 North Locust Grove, we are on the
southwest corner of the Chamberlain Estates Subdivision. A couple of points, you were
talking back and forth, the property pins weren't removed when they did the fencing, the
property pins were removed when they trespassed onto our property and changed the way
the ditch turned in and went down. And they didn't get our permission, they didn't contact
us prior to this and they said that the City of Meridian allowed them to do that and gave
them permission to do it. Which now we are being told that no you haven't allowed them
to make any of these changes. The developmental agreement says that they have to
maintain fencing and keep it there they can't put it up once and go and traditionally I have
burned by fence twice a year. If I go through and, burn it is going to burn down that fence
Meridian City Council
October 1, 1996
Page 12
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and I am going to have liability with the neighbors now. It says that he has got
responsibility to keep that fence going, he can't put it in once and just be gone. The price
to remove the wood fence and put in a chain link fence would be more than the cost of
what we are asking for for them to come in and concrete the ditch. We have problems with
no one has brought up what the Nampa Meridian Irrigation ditch rider came and said today
that the law is they have to leave the ditch in as good as or better condition and that has
not been done. The developmental agreements say that they have to go along with the
Nampa Meridian Irrigation District's laws for the personal owned ditches and they have not
done that and it says all along here that they have to get permission any time they make
changes or do anything or divert the water over to theirs because of construction or a
mishap or whatever. And none of that has been done. When we are talking about
adjacent boundaries, if you stand in the middle of the ditch and lean over like this you are
touching their fence. That is how close it is, the embankment is owned by both of us. It
says right there in the ordinances that if they are on the boundary that they are required
to take care of that. When you say that we signed a letter and then changed our mind, we
never changed our mind. If you look along the south side there was a v-shaped concrete
ditch that people were able to irrigate out of. They came and said that they were going to
do like they are doing along that south along mine which is the it in and pipe it without any
access to the water. I signed that paper because it is true I can't let them do that, I am
actively using that ditch to irrigate five acres of land. At this point the way they have left
me I don't mind the development I don't mind the build up in the City and so forth but if you
are going to put the City that close the County we feel that you need to make some kind
of stipulation that they have to change that from an old country dirt ditch that has to be
serviced with fire and gravy tractors and rocks and things flying all over the place to
something that is more hospitable to the City. I don't want to go in there and burn down
fences and throw rocks and endanger the people on the side of us and we don't feel that
it is fair and the Nampa Meridian Irrigation agrees with us that you can't make it so that it
takes us twice as much work to maintain the ditch as historically it has. With the
development right there at this point the guy says we can come in and do it with a sickle
we have jobs that we have to go to and aren't farmers that have another 40 hours a week
that can go in there with sickle and pull out 390 feet of weeds. We are addressing we feel
the points that have to do with the City of Meridian. We haven't addressed the civil suit
things that we have that we are willing to let slide if we can just get our ditch taken care
of. If we have to go through a civil suit we will be going against the City of Meridian for
permission they supposedly gave to make changes in the County and on our property
which they did without ever once contacting us and I have known Shari and have been in
the Council meeting for the last 2 1/2 years so they know that we are around and active
in what is going on.
Corrie: Thank you, Counselor, does anything there change your mind at all from what the
original motion?
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Meridian City Council
October 1, 1996
Page 13
Crookston: That is entirely up to the Council.
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Corrie: That is what I thought you were going to say, Council? Any further discussion?
Morrow: I don't have any, Shari raised her hand and I am not opposed to hearing hear
discussion.
Corrie: Okay, Shari?
Stiles: I just wanted to mention something that we found when we were looking at the
construction plans again today. Dean had noted that in the irrigation notes for the
construction and I will read it, it says miscellaneous small structures such as fences,
mailboxes, signs, irrigation and drainage facilities and utility poles, lines and
appurtenances when necessary to remove or disturb shall be replaced or reconstructed
to equal or better their condition prior to disturbance.
Morrow: I think that basically the motion covered those issues. for returning that to what
existed before. Now the issue is I can't, I am not aware that under any circumstances the
only thing that I would really question here in terms of any comments is that I don't think
that under any circumstances as a Council or as a Council member on my part that an
approval of the subdivision has ever in my mind given a developer or construction team
permission to go onto somebody else's property. I guess what I would like to say in
defense of the City it is not my belief that when we approve a project that the approval of
that in any way implies that there is a right of that person to go onto somebody else's
property without that person's permission for those improvements or changes or whatever.
Corrie: (Inaudible)
Morrow: I guess the purpose of the motion and the motion was made in such a manner to
return them to what they were prior to the development taking place.
Corrie: I have to agree with you Mr. Morrow, my five years, I have not had the same thing
happen either. It has never been the City's intention to allow anybody to go onto anybody
else's property. Mr. Bentley?
Bentley: I have nothing further.
Corrie: Any further discussion? Hearing none, all those in favor of the motion as stated?
Opposed?
MOTION CARRIED: All Yea
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Meridian City Council
October 1, 1996
Page 14
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Corrie: So we will get a letter drafted to the developer and we will go from there. They will
need to get your permission to make those corrections so I would encourage you to talk
with them too. Thank you, sorry it has taken so long to get it done, but let's hope it gets
done here.
ITEM #5: ORDINANCE #745 -VACATION OF EASEMENTNALLA:
Corrie: AN ORDINANCE VACATING A RIGHT OF WAY EASEMENT RECORDED AS
INSTRUMENT NUMBER 394607 WHICH EASEMENT IS IN A PORTION OF LOTS 1, 2,
3, 4 AND 5, BLOCK 1 OF FUTUR-IDA SUBDIVISION NO. 1 ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN BOOK 43 OF PLATS AT PAGES 3475 - 3476
RECORpS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there
anyone from the audience that would like to have Ordinance #745 read in its entirety?
Hearing none I will entertain a motion on Ordinance #745.
Bentley: Mr. Mayor, I move that the City of Meridian adopt Ordinance #745 with the
suspension of rules.
Tolsma: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that Ordinance #745 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 #6: ORDINANCE #746 -REZONE ORDINANCE - WATKINS/STEWART:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING THE ZONING OF
CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A
PARCEL OF LAND BE A PORTION OF THE SE 1 /4, SW 1 /4, SECTION 1, T.3N, R.1 W,
B.M., ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone
from the audience that would like to have Ordinance #746 read in its entirety? Hearing
none I will entertain a motion on Ordinance #746.
Rountree: Mr. Mayor, I move that we approve Ordinance #746 with suspension of rules.
Bentley: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that Ordinance #746 be
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Meridian City Council
October 1, 1996
Page 15
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 #7: ORDINANCE #747 -PLANNING & ZONING MEETING:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 4-1.01 OF
TITLE 4, CHAPTER 1 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY
OF MERIDIAN, TIME AND PLACE OF PLANNING AND ZONING MEETINGS, RE-
ENACTING SECTION 4-101 OF TITLE 4, CHAPTER 1 TIME AND PLACE OF PLANNING
AND ZONING MEETINGS OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN (END OF TAPE) IN THE EVENT A PLANNING AND ZONING
MEETING FALLS ON A HOLIDAY OR DAY IN WHICH THE CITY OR GENERAL
ELECTION IS HELD THE MEETING SHALL NOT BE HELD ON THAT DATE BUT SHALL
BE HELD ON THE FOLLOWING DAY; AND PROVIDING AN EFFECTIVE DATE. Is there
anybody from the audience that would like to have Ordinance #747 read in its entirety?
Morrow: Mr. Mayor, question would be the ordinance in its entirety is shorter than the title
(inaudible).
Rountree: Discussion?
Crookston: Excuse me, that is strange because I am not working on an hourly basis
anymore.
Rountree: I think you read through clause that I think needs to be stricken, the 6th line
there is a repeat of the Revised and Compiled Ordinances of the City of Meridian. On
page 2, the ordinance that we set the time, place and day of the P & Z meetings by
resolution yet there is a paragraph in here that establishes that. Just aquestion- for
Counsel, that iS what we do the first time end from here and after we establish the time,
day and place by resolution? Or can we eliminate that at this point and then have a
resolution to follow?
Crookston: You can eliminate it, I will correct the ordinance as you have corrected it. And
we, you would need a resolution to set the time.
Rountree: So in the fourth line after the City of Meridian in Section 4-101 just delete the
rest of that paragraph? Then that would be subject to the language of the resolution.
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Meridian City Council
October 1, 1996
Page 17
Meridian City Hall at 33 East Idaho, be held by the Chairman and Planning and Zoning
Commission chair members on the second Tuesday of each month at 7:00 P.M.
Bentley: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the resolution, all those
in favor? Opposed?
MOTION CARRIED: All Yea
Crookston: Do you desire a written resolution?
Rountree: I believe that would be in order.
Berg: I also have a question, effective date for this, do we need an effective date for this
resolution considering we have already had public hearings scheduled for next Tuesday.
Morrow: I think the effective date would be as of tonight's date because the resolution was
made and the motion was made tonight so the effective date is as of now.
Berg: Are we going to meet at 7:00 and
Crookston: Well that is a problem because we have public hearings to be held in a week
and we can't rechange the notices.
Berg: We can have a meeting at 7:00 and do nothing until 7:30 because we cannot hold
any hearings until 7:30.
Rountree: There are some that might say something else about that statement too.
Corrie: So are we going to have it come effective (inaudible) November 12th.
Morrow: Well for that matter you could have it effective the day after this months meeting,
the 9th. Is that your desire Mr. City Clerk?
Berg: That would make things very helpful.
ITEM #8: PUBLIC HEARING CONTINUED FROM SEPTEMBER 17, 1996: REQUEST
FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY ENTERPRISES:
Corrie: At this time I will re-open the public hearing and
Meridian City Council
October 1, 1996
Page 16
LI
Morrow: So you are proposing to strike everything after the Council of the City of Meridian
period and then strike shall.
Crookston: I think that would be appropriate if it is the Council's desire to leave in the
language about when a meeting is held on election dates.
Rountree: That would be fine, retain that sentence, the last sentence of that paragraph.
Crookston: Yes
Corrie: So you have those changes Counselor, you will have to write up a new one.
Morrow: I think we can approve the ordinance as amended Mr. Mayor.
Corrie: I know but he is going to have to write a new one so I can sign.
Crookston: You can approve it but I will draft another ordinance so it is correct.
Corrie: I will entertain a motion then Mr. Rountree.
Rountree: I move that we approve City Ordinance #747 with suspension of rules and the
amendments discussed.
Bentley: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to approve Ordinance #747
as changed.
Morrow: Your motion Mr. Rountree authorizes the Mayor to sign the amended to sign the
amended ordinance?
Rountree: Yes it would, and the City Clerk to attest.
Corrie: Any further discussion? Roll call vote
ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea
MOTION CARRIED: All Yea
Rountree: Mr. Mayor, I would move that the City of Meridian City Council adopt a
resolution that establishes the place of the Planning and Zoning Commission meeting as
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Meridian City Council
October 1, 1996
Page 18
Morrow: Mr. Mayor, I believe the reason for continuing the public hearing was to give Mr.
Newberry and his company an opportunity to conclude a purchase of an adjacent property
and if that eamest money was in fact executed then we would close the public hearing and
remove this from the agenda. Do we have that information (inaudible):
Crookston: Mr. Mayor and Council I think that the suggestion was by Mr. Newberry that
he was going to buy this property that is to the east of Hi-Micro Tool. I think it would be
appropriate to keep it on the agenda and to table the matter until the closing has occurred
not just the signing of the eamest money. It was my understanding that closing was going
to be quite soon.
Corrie: It was supposed to be October 1st. But the minutes stated it was an earnest
money agreement that we were looking for. But that was supposed to happen the 1st of
October. So that is why I was concerned, I didn't see him here so I think it would probably
be a good idea to make sure we have that and continue this if you so desire.
Morrow: I think the motion ought to be that we continue the public hearing until October
15.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we continue the public
hearing until October 15 to make sure that we have all of the signed agreements there to
take care of the variance. All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURTLE CREEK
SUBDIVISION N0. 1 BY JOHN STEELE:
Corrie: At this time I will open the public hearing and invite the representative from Turtle
Creek Subdivision to (inaudible).
Gary Lee, 1750 North Summertree, Meridian, was sworn by the City Attorney.
Leer the variance application before you this evening is for a request to extend approval
on the final plat. As it is today the City's zoning ordinance allows one extension of final plat
for one year. There had been an extension granted for this Turtle Creek Subdivision No.
1 previously and we are here before you this evening requesting a variance to allow an
additional extension of time for that final plat. Also that would affect the submittal dates
of the second phase of the final plat. By ordinance that second phase was to be submitted
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Meridian City Council
October 1, 1996
Page 19
within one year of the first. And we would respectfully request that be allowed to be
extended as well. Some of the reasons as was stated in the narrative and submitted to
you was the real estate market in this particular market area was somewhat softer in the
95/96 year. The developer John Steele didn't feel it would be a financially wise move to
bring on 80 some more lots in this particular phase and just have them sit there longer than.
he would like. If you were to allow this variance and to extend the final plat approval there
wouldn't be any additional impacts than were already addressed in the initial approvals.
All the present conditions of approval by the agencies, the highway district, the City, Corps
of Engineers, Water Resources, all of the ones that we had gone through would still be
applicable in this case. I would be glad to answer any questions that Council may have
on the request.
Corrie: Council, questions?
Morrow: The only question I would have Gary is could he not have the plat recorded and
do anon-development agreement and accomplish the same thing or is there a pro or con
to that? (Inaudible)
Lee: Well I guess, I am not sure how the ordinance addresses the approval of the plat
whether it expires on the date of recording in the ordinance or the date of actual Council
approval. Which is a lot of times not the same date. But the Council did approve the
extension through I think it was September 20 of 1996.
Corrie: Gary, have you seen Bruce Freckleton's comments?
Lee: I haven't seen any comments from the City yet.
Morrow: Mr. Mayor if I might address that, to answer you question Gary, typically the
extensions are and Counselor Crookston reminded me of this, typically the extensions are
from the date of approval of original approval and to be consistent that is when we granted
extensions in the past is from date of approval, one year and in case of the variance
beginning from the date of approval.
Lee: I guess the one comment in here from Bruce is to have the plans re-reviewed which
we would expect, I think ACRD is going to require the same thing as well as DEQ later;
their normal plan approval is for one year. However there were extensions granted by the
Corp of Engineers on the (inaudible) on the Five Mile Creek work and by Water
Resources. But we would expect to go through that review process again with the City.
Tolsma: Does this mean our pump station is on hold?
Meridian City Council
October 1, 1996
Page 20
Lee: Temporarily
Corrie: As you noticed that field over there (inaudible)
Lee: I noticed they were changing the landscape over there a little bit, that is good news.
Corrie: Any further questions of the Council?
Morrow: I guess I would have a question in terms of the pump station how it impacts in our
schedule of development of Tully Park. We are not going to be very far off some time
probably next spring or summer in terms of needing those waters for that seeding. So if
we grant the variance for the extension there may be some conflict (inaudible) is that
correct Ron?
Tolsma: I was talking to Gary about it (inaudible)
Corrie: What was your conclusion, do you want to share that what you talked about?
Lee: Well it is a timing issue obviously for the developer as to when he can start his actual
construction. I know Mr. Steele has been working very hard on .getting that whole package
put together to start construction as soon as possible. We can only hope that it is going
to work into the City schedule.
Tolsma: Would he be adverse to (inaudible)
Lee: Maybe he can answer that in just a minute.
Tolsma: (Inaudible)
Lee: You are going to need water next spring for sure.
Corrie: Any further questions for Gary? Thank you
John Steele, 4619 Emerald, Suite F, Boise, was sworn by the City Attorney.
Steele: Mr. Mayor and members of the Council I want that pump station as much as you
do believe me that park is going to be a beautiful improvement to the City of Meridian and
that whole area. I can assure you that the next 90 to 120 days I believe that I can give
you more definite information about a start date. But I can't give you a definite start date
tonight. I don't have the ability to do that.
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Meridian City Council
October 1, 1996
Page 21
Morrow: Mr. Mayor, Mr. Steele I have to ask the question or at least make the comment
from my perspective is that we have been goofing around with that park for some 3 years
waiting on various regulatory agencies to get through their stuff and now we are to the
point where we can finally get this thing done and Councilman Rountree's committee will
be dealing heavily with that issue and I guess in my mind. there is a certain linkage
between your extension and that pump station so that thing as soon as the temperatures
reach the right numbers in the spring that grass can be growing and water is there. I am
not willing to hold the City hostage or its citizens hostage for the lack of irrigation water for
that park. We have all waited long enough. So I guess, from my perspective is I don't have
a problem with the variance for the extension but there needs to be a linkage between that
and the completion of that pump station. If that means you fund that ahead of when you
are actually going to construct or your share of it ahead of when you actually construct of
whatever then so be it. But I am not willing at this juncture willing to do anything to slow
the development of that park. It has been slow in my mind way to long already.
Steele: I couldn't agree with you more Councilman Morrow, it has been slowed and I didn't
realize there was anything going on out there until driving by the other day and seeing that
earth had been moved. So I was not aware that the city was going ahead with actual
construction until driving by. It was a pleasant surprise to me to see it.
Morrow: Us too.
Steele: I guess in terms of coordinating development with the Gity I am anxious to do that.
If you feel it appropriate that yes I fund a share of that then make that a condition of
approval and that is acceptable.
Rountree: The only reason stated for not having advanced this development at this point
in time is that there is an apparent soft market for real estate in the Meridian area. Given
that we have had record growth probably in excess of 2000 building permits in the City of
Meridian the last couple of years since September of 1994 my question to you is what is
to guarantee us that this year extension is going to see any more work done out there than
has been now given the fact that there probably really is a softer market for real estate.
Steele: I can give you no concrete guarantee that the development will take place. I simply
can give you my assurance that it is an urgency in my life that is probably more urgent than
anything else in my life right now to get that development up and going. But no I cannot
stand here and tell you that in fact the property will be developed in 9 months or a year
from today.
Rountree: Is in fact the condition to get it developed contingent on satisfactory financing
on your part?
Meridian City Council
October 1, 1996
Page 22
Steele: Of course.
Tolsma: It would not have an adverse affect on that property to be sold if there was an up
and functioning full time City park right across from it though would it?
Steele: No, it would not have any adverse affect at all no, it would not Councilman Tolsma.
Tolsma: The sprinkler system
Steele: Is a huge benefit to the City and to my property yes.
Bentley: I have a question for staff, Gary, is there just the park and his development
coming off of that one pump house?
Smith: Yes
Corrie: Any further questions or comments? Thank you, anybody else from the audience
that would like to give testimony?
Jan deWeerd, 2090 West Chateau, Meridian, was sworn by the City Attorney.
deWeerd: Mr. Mayor and Councilmen, since you are considering perhaps putting
conditions on the possible extension. I would suggest that we firm up the maintenance of
the waste land that is currently there behind our house as better maintained than so far.
At one time I really believed we had some kind of botanical garden there with basically
only one species being Russian Thistle. But it is indeed a noxious weed and other than
the company that sells herbicides nobody else really profits from that. So I wish that
maybe we can give some clear instructions how he keeps that lot, that plot there in better
shape than he has done so far.
Morrow: Mr. Mayor, if I may answer his observation is that we have a weed ordinance
within the City and it is the responsibility of the zoning compliance officer to investigate
those claims. If you have an issue there and it is outside of what is reasonable in your
mind simply call the Ordinance officer and he will come and if it is absolutely right he will
issue the paperwork to require Mr. Steele to cut the weeds and give him a certain amount
of time if that doesn't occur then the City will cut them and assess the charge against Mr.
Steele or any other property owners, (Inaudible). So we have a method to solve your
dilemma and all you have do is tell us and we will get it done. Now part of the zoning
ordinance officer is to kind of drive around and keep track of that stuff but some of it can
get lost very easily. We will help you any way we can but we have to know.
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Meridian City Council
October 1, 1996
Page 23
Corrie: Anybody else from the audience that would like to enter testimony at this time?
Council?
Morrow: My only discussion would be is it takes findings of fact and conclusions and it
seems to me there needs to be a linkage in terms of the impending development of the
park with respect to the pump station. I think that I would like to see those findings of fact
that if we are going to do that the requirement for Mr. Steele to participate or post a bond
and guarantee participation at the time that we are ready to start construction. Obviously
on our part we would need to inform him of the amount of dollars that is his (inaudible) and
give him plenty of notice so that could take place. I don't have a problem with the variance
for the one year extension under those conditions. That is my opinion.
Corrie: Thank you Mr. Morrow, anyone else?
Rountree: Mr. Mayor, I think this is the first one of this magnitude that we have seen as
a Council in my presence in the last year. I am not particularly excited about the one year
variance, it seems to me at this point we now have allowed a three year, if we are to grant
it we are granting a three year grand father clause for any changes in the City's zoning
subdivision ordinances etc. to this applicant. I would like to see if in fact we do look
favorably on the variance that the conditions of the variance also be subject, subject this
development to any new ordinance language or change that comes about that it be entirely
subject to review at the time they think it is going to come on line. I think that they need to
speak to the issue of providing for the irrigation system for Tully Park. I think it needs to
specify that the property will be maintained in a condition that meats the City of Meridian's
ordinances since it has been annexed into the City. I still am not convinced that the right
thing to do is grant the variance but I will give that further consideration when 1 review the
findings of fact.
Morrow: I guess as an answer to your question we have done that before as a City in
terms of granting a variance for the extension of time. I have to ask Gary a question in
these kinds of issue where the approvals by everybody are for the one year basis does it
not follow that when an extension is granted and new approvals are obtained that it brings
them to the current codes at the time of the new approvals. Is that the procedure that
ACRD and Nampa Meridian and everybody else follows?
Smith: I believe so Councilman Morrow.
Morrow: So there is not per say a grand father right.
Smith: Typically when we approve plans for sewer and water construction we put a one
year time limit on that plan approval that if construction doesn't take place within that
Meridian City Council
October 1, 1996
Page 24
period of time the plans are subject to a new review.
Morrow: And the new review typically brings up new whatever the new codes and
ordinances may be?
Smith: That is correct, I think the Highway District does that, I know DEQ does that.
Rountree: Does that as well apply to the final plat though as opposed to the construction
plans?
Smith: Our own ordinance requirements?
Rountree: Right
Smith: That I don't know.
Rountree: That is the question that I have.
Corrie: Any further discussion on that?
Bentley: I want to know if the Counselor can advise on that?
Crookston: On requiring the plat to meet
Bentley: Could you address that in the findings?
Crookston: Yes
Morrow: I guess the question that I would like to hear (inaudible) Mr. Rountree's question
is that when these things go through the approval process and the one year date comes
due and everybody brings it up to current procedures is the same thing true of the final
plat. (inaudible) Does everybody again have a shot at it to bring it up to current. Is there
in fact some sort of grand father in there (inaudible) Gary, at least in terms of water and
sewer construction and those kinds of things that there is no grand father. Apparently
ACHD and others (inaudible) what about the final plat?
Crookston: I believe that there would be no grand fathering particularly in this instance
because the time period has lapsed.
Morrow: The September 20th date?
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Meridian City Council
Qctober 1, 1996
Page 25
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Crookston: Yes, I am not saying that it is something that the grand father rights are not tied
to a plat if an application for the continuance of time is applied for prior to the time that the
recording should have been done. What I am saying now is the time period has lapsed
so he has no rights and the variance must be requested and it can be a condition of the
granting of the variance that he does meet all plat requirements in effect at the time that
he submits his application and in the time that he requests to have the plat recorded.
Morrow: Part of Bruce Freckleton's comments address that. He says, his only comment is
construction plans for this phase of Turtle Creek Subdivision received approval from the
Public Works Department in January 1995. Due to the lapse in time plans will have to be
reviewed for compliance with the current standards and policies prior to construction. As
the lead agency during the development process the City of Meridian will also require
updated approvals from other agencies involved in the review process.
Crookston: I think he is absolutely correct, all I am saying in this instance that there is no
doubt in my mind that the City can do that because the time period in which he should
have recorded that plat has lapsed.
Bentley: But I think also and you are correct in what you are saying his time limit has
expired but for future events, someone else coming before us and I have to agree with
Charlie on this what happens if the man is coming requesting an extension but he is within
his time frame what happens then. That is what I would like to have an answer to.
Crookston: I would like to be able to give you one right now but I will look into it.
Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare findings of
fact and conclusions of law for the
Corrie: Before you go too far let me close the public hearing at this time.
Morrow: I would move that we instruct the City Attorney to prepare findings of fact and
conclusions of law for the variance for Turtle Creek Subdivision No. 1 by John Steele.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr Bentley, you have all heard the motion,
any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: DON HOWELL: CHERRY LANE N0. 1 AND 2 ENTRANCE LID PROPOSAL:
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Meridian City Council
October 1, 1996
Page 26
Corrie: This is more of an update for the Counselor. We do have the signatures required
for the 60°~ figure now, is that correct?
Berg: Yes I have received signatures, I have not yet checked to see if they are the true
property owners, but I am in the process of doing that.
Corrie: So after we get those attested we will get with you Wayne and start the proceeding
for the (inaudible).
ITEM #12: IDAHO TENT AND CANVAS: REQUEST FOR A TEMPORARY SALES
TRAILER:
Corrie: Is there a representative from Idaho Tent and Canvas here tonight?
Draper: I am Richard Draper, the address is 706 East First here in Meridian where the
business is located. The situation that has occurred is that the building has gone under
a new ownership and in the process of raising the rent more than double in the last few
months anticipating this I went out and purchased property over in the Meridian Industrial
Park. We did get a notice at the first of the month to be out of there at the end of the
month. Today or yesterday the architect brought me my preliminary blue prints for the
building we are planning on that property. The reason we need to continue, we can't just
disappear off the face of the earth because we have anywhere from 50 to 100 customers
items in there right now we are working on and are coming in and out daily. We have no
place to go if we can't set up over there. We have looked into rent locally they either want
a year lease or five. A lot of them don't want manufacturing in their buildings. Down off of
E. Pine, by the pizza place there we have already looked into that. So our only option was
to build our own. We have the property and now we have (inaudible) these blue prints
were brought over today for the final, making sure all the lines were in place so we could
do the final one to bring into the building department for approval. We are asking for that
because I don't know how long it will take for the approval but we anticipate 90 days in the
construction if everything goes well. That is why we are asking for a little 6 months or 8
months in there in case we hit bad weather or construction delays to get the building
completed. If we get the permit to put the trailer in there we can get one from construction
trailers to set in there and put, so our customers can continue to find us and we will have
our phone there. We have been down there for 25 years down here in Meridian and we
are not going to leave Meridian. If, we immediately have to get water, sewer and phone
line everything hooked up to the property. We would run it on -the property to
approximately where the corner of the building is going to be anyway. So that when we
continue with it, it would hook onto the building where it belongs. It would fit the original
plans of the blue prints.
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Meridian City Council
October 1, 1996
Page 27
Rountree: It is my understanding that the on site trailer is just a store front and you will
actually be doing, you have areas identified where you can continue to do your
manufacturing I assume.
Draper: There would be some work done there but mainly we will be receiving from the
customers and handing back out. We could set up over in my son's garage over in Boise
to do some of the work so our work would continue and we wouldn't lose our customer
base.
Corrie: Any questions? Thank you Dick, Council, questions, discussions?
Morrow: Mr. Mayor I would move that we grant Idaho Tent and Canvas, Mr. Dick Draper
a permit for a temporary sales trailer for a period of 8 months.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to give the 8 month permit
for a temporary job site trailer, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: WATER/SEWER/TRASH DELINQUENCIES:
Corrie: This is to inform you in writing if you choose to you have the right to a
predetermination hearing at 7:30 P.M. October 1, 1996 before the Mayor and City Council
to appear in person to be judged on the facts and defend the claim made by the City that
your water sewer and trash bill is delinquent, you may retain counsel. This service will be
discontinued on October 2, 1996 unless payment is received in full. Is there anyone
present who wishes to contest their water, sewer and trash delinquency? Hearing none,
they are hereby informed that you may appeal to have this decision of the City by the
Fourth Judicial District Court pursuant to Idaho Code. Even though you appeal your water
will be shut off. The amount of the turn off list $20,416.27. Entertain a motion to approve
the delinquency turn off list.
Rountree: So moved
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the delinquency
turn off list. Any further discussion? All those in favor? Opposed?
• •
Meridian City Council
October 1, 1996
Page 28
MOTION CARRIED: All Yea
Berg: Did you notice the last page of your documentation, hopefully we are running a
chart here so you can kind of see how we have gradually increased in population as well
as increased our turn off list. But there is quite a difference between what you received as
an approved turn off list and what we actually get down to turning off. But it still is
increasing, but then some of it deals with the summer using more water and people having
the tendency not to be able to pay but play or whatever it may be. Just so you can see that
we are trying to keep you updated.
Corrie: Thank you Will, I appreciate that. I notice that a lot of the same people are on there
every time.
ITEM #14: APPROVE BILLS:
Corrie: Entertain a motion for the approval.
Bentley: So moved
Tolsma: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma for approval of the bills, any
further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: DEPARTMENT REPORTS:
Corrie: Shari?
Stiles: Mr. Mayor and Council I just wanted to give you a quick update on the senior center
fire sprinkler and alarm project. I finally got specs to the Department of Commerce today,
we advertised for bids it will be in the paper this week. Just to let you know, it should be
done within 5 months, 6 months.
Rountree: I have a .question, did you fax me a copy of a short description of that, I don't
think you did but I ended up with one somehow or another.
Stiles: I faxed it to, we are required through the Department of Commerce, whoever's
name is on that for the Transportation Department at the bo#tom of the fax they are
responsible for the MBE solicitation list,
• •
Meridian City Council
October 1, 1996
Page 29
Rountree: (Inaudible) The Department of Commerce they do that?
Stiles: Yes, I guess he is the contact person at the Transportation Department.
Rountree: You might send another one and I will make sure that Marty gets it.
Stiles: I missed my date though.
Rountree: I will explain to him what happened.
Stiles: So I just put a cover sheet on it and say it is to him.
Rountree: Yes, because somehow it got into my office and I
Stiles: Because it said City of Meridian and they sent it to you.
Rountree: Yes
Corrie: Chief?
Gordon: Yes Mayor and Council, we had the auction Saturday in the back parking lot to
get rid of all of the unclaimed property that we have been storing. The turn out was very
poor but there was a lot of bargains had by all that was there. We did dispose of a lot of
property. I would also like to thank Councilman Tolsma, this is about the 4th or 5th time
he helps me cut up contraband, illegal weapons that have been ceased over a period that
we are unable to return. He does this at no charge to the City in fact we always have just
a little bit of fun cutting up some of this stuff. We had a few neighbors and a few of his
customers that enjoyed the time too. The drug dog has been picked an the training started
today. I would hope that within 6 to 8 weeks I will have a dog in here to demonstrate for
you. It is part lab and part golden retriever, a young female, small.
Tolsma: Would you not bring him down to the shop until I get rid of (inaudible) some of
it smells .really bad.
Gordon: (Inaudible) it was all knives and guns.
Morrow: What did you tell us on the presentation of the dogs that the breeds that are used
that are best for drug detection are what now? I was trying to tell somebody and I said
German Shepherds are not as good as something else and you had told me what the
something else was.
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Meridian City Council
October 1, 1996
Page 30
Gordon: They are bird dogs, primarily the Labrador and the Golden Retrievers.
Morrow: Females
Gordon: Yes, females because you don't have to worry about them marking somebody's
house when they get in. (Inaudible) The Labrador is the dog of preference, the Golden
Retriever, and this one here is the mix of the two so we should have the best of both.
Rountree: How was the auction advertised?
Gordon: By law in the approved newspaper which is the Valley News twice. (End of Tape)
The last time we advertised in the Statesman we received the professional garage sale
people and they were buying stuff up in bulk and just hauling it off. They out bid people
that we wanted to get, mostly it was bicycles. Councilman Bentley was there and we had
a lot of kids get a lot of good bikes that their parents could not afford.
Bentley: (Inaudible) maybe to get it out a little bit farther. I agree, I would hate to see it go
to the Statesman and have everybody from all over come over.
Gordon: My impression has been or my goal has been not to make money off of this
auction but to eliminate some of the storage problems and get rid of the property and try
to get it out to where it would do the most good. My first thought was to give some
bicycles to the fire department who during Christmas time take them out to needy families
but by State Law I am not allpwed to do that. In this particular case we were lucky enough
where we didn't have enough bidders we had bikes left and with the bikes that I have left
I take down to St. Vincent De Paul and just give them to them. I had the firemen come over
an they were able to pick out 3 nice small bicycles that they are going to be able to give
out this Christmas time.
Morrow: Co they buy those?
Gordon: No sir
Morrow: Because we have been through the process you can take the surplus over and
they can pick out.
Gordon: Correct, there was no bidders left and then I brought them over and then they
picked out the ones they wanted. We made a little over $400 for the general fund and that
basically just covered expenses.
Morrow: I don't think I have a problem with that because there is an opportunity there for
Meridian City Council
October 1, 1996
Page 31
kids that would never ever get to have a bike to take their lawn mowing money or their
errand money or allowances or whatever and get one.
Gordon: We had one gentleman there that after about his fifth or sixth bike that he bought
I cornered him and asked him what he was up to. He said that he had two Mexicans that
worked for him on the farm out here and one of them had 11 kids and there is no way they
could afford bicycles so he went away with a pick up load of bicycles and they all went to
good use. That is all I had.
Corrie: Mr. Johnson?
Johnson: (Inaudible)
Corrie: Mr. Crookston?
Crookston: I only have one thing, I met with the Judges from the Traffic Court, Judge
Newhouse who is a District Judge who is the Administrative Judge, and Greg Bower and
Jbhn Trailer the Administrator of the Court. We talked about contempts as to whether it
had, I had been told that the magistrates were not going. to do contempts whatsoever.
They said at the meeting that was not true, if a contempt motion is filed by a prosecutor
they have to and will handle it. They don't desire to do them, there was discussions and
we are going to meet again so that we can get some input back from Greg Bower. The City
of Boise has a contempt officer. We meet again, I don't know when, they said we were
going to meet but I haven't received any notification of it. Just to bring you up to speed on
that. That is all I have.
Corrie: Any questions of the Counselor? Mr. Morrow?
Morrow: Two things, one is at our last meeting we talked about a letter to Boise Research
concerning their donation to the golf course expansion. I have done the research that was
asked of me, I will read the prototype letter and I have verified, it says, "Gentlemen, This
letter acknowledges that Boise Research Center has gifted to the City of Meridian a parcel
of ground 17.4 acres in size. The property lies within a parcel not originally planned or
contemplated for the expansion of the City's Chevy Lane Golf Course facility. The original
golf course expansion plan was confined entirely to the property previously owned by Mr.
Jim Fuller and Mr. Kent Barney. Your offer to donate the additional acreage was not a
requirement by the City for the beneficial use of your property. The City acknowledges
your initiative in this effort as a service to the community. The charitable donation by
Boise Research Center Inc. of the additional acreage will enable the City tb provide a more
open spacious golf course than was originally planned and will be a great benefit to the
City. We want to thank you for you gift/donation of this ground to the City of Meridian and
Meridian City Council
October 1, 1996
Page 32
the cooperation you have provided concerning this complex issue." I would also add as
in my discussions with former Mayor Kingsford and subsequent research as a means of
evidence of this is we as a Golf Course Committee did have two designs for the golf
course. I did state on numerous occasions when asked by both Mayor Corrie and others
if we add the deed to the gift of ground from the Boise Research Center that we did not
have the deed at that time but we were not held hostage because we had an alternate
plan. Which was the original plat which didn't include that property. So, once that
transaction was completed it then guaranteed the plan that is currently under construction
at the golf course. As a further means of information for all of you if you wish to drive by
the golf course you can see that grass is now coming up. We are planted in its entirety
on both fairways and the greens. The only things that remain to be done in that particular
construction project are after the water goes out of the canals we have some crossings
that we will do at that time. We are under construction still at the pump house, the pump
station (inaudible) and so those are the last items towards the completion of that particular
project. With respect to this letter, I have had Will draft up the letter and have signature
spaces for the Mayor and all four Councilmen. If there are any other questions that you
have of me about signing the letter I would be more than happy to answer them at this
time.
Corrie: Council, questions?
Rountree: I have none, it seems like it covers what we talked about.
Berg: Walt, I know the golf course has covered the fairways an the greens, how about
trees or landscaping. How is that coming with this time of year with nurseries having
surpluses of things to get rid of?
Morrow: We will be doing that type of stuff after we confirmed what we used in funds. Our
final reconciliation of budget will take place at our meeting in November. We have been
meeting weekly through the construction stuff, our next meeting is 30 days from now, we
had our final construction meeting Monday of this waek. In 30 days the purpose of that
meeting will be to review the final construction issues and to review the budgets and
monies and what goes on from that point.
Berg: We get quite a few groups Boy Scouts or service clubs, we will just have them
contact you or one of the committee members directly if they want to come involved with
planting or whatever.
Morrow: That is fine. The other issue that I had was Gary, there was a letter that we
needed to address and sign as Councilmen, would that letter be done this evening?
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Meridian City Council
October 1, 1996
Page 33
Corrie: Is that the one that I have Gary?
Smith: Yes, Mr. Mayor, I might mention for the benefit of Council members, the draft that
I dispersed to you Monday I guess it was, this letter has been changed, has a couple of
revisions. One Mayor Corrie suggested that penalties for non-conformance to the
conditions that were stated be included as part of the letter. Secondly that a signature
space be provided so that the employee acknowledges in writing on that letter that he did
receive the letter and the date that it was received. There is one other change concerning
response to fire department calls that was more specifically out lined as to when he could
respond. Those three modifications were made this morning and were part of the letter that
you have before you.
Corrie: Take a look at it and we will need your signatures on each one of those. Anything
else Mr. Morrow?
Morrow: No I have nothing further.
Corrie: Mr. Bentley?
Bentley: Yes I have a whole list of things here. I have two items, I have a question for
Gary, what is the status on the grading over there at Tulley? I noticed the equipment was
gone.
Smith: I am not sure Councilman, I can only assume that they got it rough graded, but I
haven't talked to Brad, he has been on the run for the last two days and we haven't sat
down and talked at all. I know that he has been in contact with a local sprinkler designer
to get started on the design of the sprinkler system in there but I can't tell you what the
status is.
Bentley: Next, has Keith Borup got a hold of you?
Smith: He talked to me last week concerning an electrical panel that he had. He was
going to get me more information on it and I haven't seen anything.
Bentley: What we are talking about here is he is willing to donate an irrigation control
panel that is for 15 acres. He said if we could use it we could have it. I told him I wasn't
sure he would have to talk to Gary on whether the configuration would work with the dual
system we are using. Secondly, or another question I have got is we had a presentation
here from the Job Corps here last month and I was wondering if anybody has given any
thought to possibly having them do the pump house and the rest roam facilities out there.
Meridian City Council
October 1, 1996
Page 34
Rountree: As in anybody, I have given it some thought and what they need is a set of
plans and somebody to approach them so they can schedule it if they are not already
booked up. They can certainly build anything that we can get them plans for.
Smith: We don't have any plans for the rest room facility, I believe there is just a floor plan
laid out on the pump facility but I will check and be sure of that.
Bentley: Like Charlie says they need some time and leeway so we can get going with
some of these. The front door, where are we at on that? The automatic openers are we
anywhere on that?
Corrie: (Inaudible) is a letter you signed last time but we noticed that Mr. Rountree had
a D in his name so I wanted to make it correct so we changed that. We want to be as
correct as possible.
(Inaudible)
Morrow: I have a question with respect, and let me throw this out and try to be as sensitive
as possible here, it says the above listed corrective actions are required of you, failure to
complete these prescribed actions will result in penalty in the form of but not limited to and
then A. suspension for a variable or fixed period, B. demotion to position with lower
compensation and/or authority, C. reprimand, D. dismissal. And I guess where I am
coming from with this deal is that we had a period of 180 days subject to review at 90 days
and final determination at 180. And I guess from my perspective here is that any
unsatisfactory completion of any of these things is dismissal there are no other options in
my mind. Or at least that is how I interpreted what our discussions were about. And so
I think that we need that spelled out but the question is, is it the will of the Council to have
four options or was it our desire to have one option?
Rountree: My desire would be the one, it is satisfactory completion of all the issues and
if it wasn't satisfactorily complied with or completed or dealt with then the result was
dismissal. That iS what was at hand when we started this thing.
Morrow: I guess I saw it as an all or nothing deal.
Corrie: The reason I asked Gary to give us some leeway you can do what you want when
the time comes. I talked to the Attorney and you can correct me if this may not be right or
wrong because attorney's have opinions of their own. He stated that if we just put the one
option in there it sounds like it is a for gone conclusion that you are going to fire him if he
doesn't tow the rope exactly as you (inaudible) it doesn't leave you any leeway
whatsoever. If he makes one slight error in his judgement or something of that nature and
Meridian City Council
October 1, 1996
Page 35
you have put it down that he will be terminated immediately then he said that you really
don't have any recourse to do anything (inaudible). If that is what you want to do then you
can change that but they made the statement that you should whoever is making those
decisions have some options available to them. If you just come right straight out you will
be terminated you don't have any options whatsoever. IVow if it is your desire that you
don't want any options then you can put it that way. This was from this conference
(inaudible) if you don't you slam the door right fast in your own face. There may be some
circumstances from beyond his control that happens and you have no choice but you have
to terminate.
Morrow: I guess the issue in my mind Bob is that if something like that happens you have
the choice of terminating or not terminating and I don't know that in my mind that I want to
be involved in suspension or demotion or (inaudible).
Corrie: You don't have to be, those are just options that you can take should something
come down the line that you don't foresee now.
Morrow: Let me ask you the question in another manner then is in this same legal advice
is if you have these four and the Council is of the mind by the vote that it is going to be a
dismissal do we then open ourselves to second guessing by somebody's attorney
representing and say well dismissal was too harsh when you had these other potential
solutions.
Corrie: Let's have the Counselor, that question was brought up and they said no that
shows on paper exactly what you can do and if you make that determination at that time
whoever the employee was knew it at that time that was one of the options and they could
take it. Counselor, I guess every attorney has an interpretation and there were three of
them there and they all agreed.
Crookston; I haven't looked at the issue but I have no problem whatsoever with that the
attorney's recommended. You, no matter what you do whether you have the requirement
that he be terminated or whether or not you have 3 or 4 options or 18 options you always
stand subject to it being reviewed by an attorney and possible eventual lawsuit. You can
walk down the street and be sued just because you are walking down the street. I think
it is just up to the Council to decide as to what way they want to go.
Bentley: Mr. Mayor, in my dealings the best way of phrasing the situation that I have run
across in all my years is failure to comply, will result in disciplinary action up to and
including removal. It pretty much covers everything but yet gives you latitude if you need
it. I too feel that if you put down just flat dismissal that they are going to holler (inaudible).
Witch hunt, that you are on a witch hunt. The guy is two minutes late and you hang him.
•
Meridian City Council
October 1, 1996
Page 36
Rountree: He has already had his chance.
Bentley: I am not arguing that point.
Morrow: Ron, what do you think?
C~
Tolsma: Well the option (Inaudible) a little leeway, like I said he has about used up all of
his options of the four. (Inaudible) three attorneys up here saying we have to have options
maybe that is not such a bad idea. It still could be terminated regardless.
Morrow: I guess that in light of what we are talking about now that if we were looking that
option I like the terminology that Glenn has suggested much better than these four
because then if you are looking for options that gives you a whole range of options. It still
spells out very emphatically the final option right now is immediate dismissal and if that is
the will of the Council then so be it. I guess I like that terminology better than the way this
is.
Rountree: If we were to add the flexibility I think it is better.
Bentley: It is not stated.
Rountree: That statement in itself (inaudible)
Morrow: I guess my perspective is I want the point made that there isn't any flexibility here.
This is an either or deal.
Tolsma: (Inaudible)
(Inaudible)
Morrow: I will sign it with that verbiage or the approximate verbiage that Glenn has
suggested.
Corrie: (Inaudible) I don't really care.
Rountree: If we are going to include that, that would be my preference to talk about
disciplinary the range to and including.
Smith: Mr. Mayor,
Corrie: Okay, we will change that last sentence to satisfy the Council, options up to and
•
Meridian City Council
October 1, 1996
Page 37
including
Smith: Would you please repeat that for me so that I can get it down so I don't need to
change that one more time.
Currie: We do need to get that signed by tomorrow, that will be in Gary's office. Charlie?
Rountree: Two things, I made contact with St. Luke's, I got a name to Walt on your voice
mail, Collin Hudson with St. Luke's I have his phone number if you don't have it. I have
let them know that you or Gary or both will contact with them for review of the SCDC as
far as potential office or usable office space.
Morrow: The St. Luke's deal (inaudible)
Smith: What is a BCDC?
Rountree: Breast Cancer Detection Center, the little house down here.
Currie: What is it they are doing?
Rountree: They are out of it, St. Luke's is out of it. They said originally they would make
us a real good deal on renting it and they really tried. We don't even know if it is usable
and Walt was curious for possible use with some of the building department folks. So that
is going on. I don't know what is happening with the agreement with St. Luke's on the park
area. The Ada County Highway District Street Light Committee that I am serving on has
met twice and hasn't done a whole lot other than they have compiled what is going on with
street lighting in the various cities and ACHD. It appears that one of the biggest sticklers
about getting street lighting in the County is they county themself they don't do anything
for street lighting. But it is apparently ACHD's mission and this task force to provide some
direction county wide for street lighting primarily on arterials and problem areas associated
with police activities, accidents, bus stops and those kinds of things. So chief if you have
got some areas that need street lights on arterials or maybe even collectors let me know,
I will let them know, I don't know what they are going to do with them but they are trying
to look at them at this point.
Crookston: I would just bring the Council and the Mayor up to speed on the St. Luke's
property to be used for soccer fields. The attorney handling that for St. Luke's John Gorski
said that he was going to draft another agreement, I have not received that yet.
Bentley:. Tell them not to use the one that (inaudible).
Meridian City Council
October 1, 1996
Page 38
Corrie: Mr. Tolsma?
Tolsma: I have a question for Mr. Gordon, Chief Gordon, did you check on that intersection
down at 2nd Street and Pine?
Gordon: Yes sir I have, I don't have a solution but I am going to run it through ACHD and
see what they come up with.
Tolsma: There is another bad intersection over at the corner of 7th Street and Carlton
when you are going east bound there is a humongous tree that grows out there and blocks
that intersection and there has been several people that have mentioned down there that
is kind of a dangerous intersection too because now it is a through street that goes through
Applegate that runs all the way through there. For Mr. Smith, I had another question
(Inaudible)
Tolsma: On the Applegate, the street that goes into Applegate Subdivision which I think
is 7th Street, where 7th street goes in and turns there is a dead space like a sewer
easement. All the people that live on both sides of that want to know who's job it is to take
care of all the weeds and trash and garbage that is in there. So I walked down there and
looked and all of them I think on both sides of the fence are dumping their grass clippings
and everything back in there and the weeds are growing. And of course nobody fesses up
to that, they just materialize there.
Smith: I will have to look at the plat and see what the plat says. I don't recall how that was
set up but I will check it and let you know.
Tolsma: The last item I have is (inaudible) Mr. Amyx's so called property over here at the
mall (inaudible) take his used car lot and dealership out of the back of it and (inaudible).
Crookston: Well they are moving the highway so it will be easier to get to.
(Inaudible)
Crookston: I have discussed that with Dean Ehlert and I have sent Mr. Amyx a letter and
gave him ten days to get it cleaned up. I will get back with Dean and ask him to tell me
what has happened with the property. He had moved some things off the last time I talked
to Dean.
Tolsma: (Inaudible)
Meridian City Council
October 1, 1996
Page 39
Corrie: You guys have about 30 seconds to approve this. I need the approval to sign the
new Sheriffs dispatch services conducted for the City of Meridian Fire Department to the
tune of $14,171.85.
Morrow: That was within the amount we budgeted was it not?
Corrie: Yes it was, I just need your approval to sign it.
Morrow: I would move we authorize the Mayor to sign and the Clerk to attest the contract
between the City of Meridian and the Sheriffs Department for fire dispatch services.
Bentley: Second
Corrie: Motion made and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Entertain a motion to adjourn.
Bentley: So moved
Rountree: Second
Corrie: Moved and seconded to adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 10:00 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ROB RT D. CORRIE, MAYOR
Meridian City Council
October 1, 1996
Page 40
ATTEST:
WILLIAM G. BERG, JR., ERK
•
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 1, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELD SEPTEMBER 16, 1996: ~~~~~'~-'
MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 17, 1996: a~~ro~e
SWEARING IN OF NEW POLICE OFFICERS: ~acv~.new O~c~s
1. TABLED AUGUST 20, 1996: REQUEST FOR A PRIVATE ROAD BY ST.
LUKE'S HOSPITAL: Gc-,o~rdVe ~~-ivat~t'Y®~'~~~Q- `t u~'i Q ~~
~~, L u,~e's ~>a
2. TABLED SEPTEMBER 17, 1996: ~EQUEST FOR A TEMPORARY
CONSTRUCTION TRAILER IN MORNING GLORY SUBDIVISION BY
PRESCOTT HOMES: ~o h2u-c~- haSf/~
a~jaror~~ reQ~ef~ ~ ~,e f ~c~h d~'~ a~~~r,~'a,
3. TABLED SEPTEMBER 17, 1996: FINAL PLAT FOR BEDFORD PLACE
SUBDIVISION NO.3 BY BRIGHTON CORPORATION: ~o/a~~-e-
~~~~c of t 7'~ bQ tah/Pd u,~,ti7 DGt-15=~ /~~ .
4. TABLED SEPTEMBER 17, 1996: MERIDIAN PRESBYTERIAN CHURCH:
REQUEST HOOK UP TO CITY WATER AND SEWER: a~~rov~-e.- `2ao%~~p
~h w~teh 'sewer wig dowbte l~,oek:-~,p -Veer as~a.~ L~ ond~~rans
~. ORDINANCE #745 -VACATION OF EASEME!JTNALLA:
~~r°-~~e
6. ORDINANCE #746 -REZONE ORDINANCE - WATKINS/STEWART:
7. ORDINANCE #747 - PLANNING ~ ZONING MEETING:
8: PUBLIC HEARING CONTINUED FROM SEPTEMBER 17, 1996: REQUEST
FOR A VARIANCE FOR HI-MICRO TOOL COMPANY BY NEWBERRY
ENTERPRISES: Cdnfihue ,O~~f ~~,~-,7 Oct, ~5~
9. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURTLE CREEK
SUBDI ISI N NO. 1 BY JOHN STEELE: ~~~ ~~~~~ fo ~r~/oar~
~~~ ~ C l~
10. DON HOWELL: CHERRY LANE NO. 1 AND 2_ENTRANCE LID PROPOSAL:
G~d~~e_
11. UPDATE O CAROL MOXLEY CONCERNS WITH CHAMBERLAIN ESTATES:
Ci itfta~nc, ~~ /a~`2 ~~/~, /etfe~- ~ ~~velv~Oet- :~~~~- ~'~Gt'%~b~'
12. IDAH~TENT & CANVAS: REQUEST FOR A TEMPORARY SALES TRAILER:
13. WATER/SEWER/TRASH DELINQUENCIES: Qt~~/rnvee
14.
15.
APPROVE BILLS: ~~flrov~
DEPARTMENT REPORTS: "
A. SHARI STILES:
1. SENIOR ICDBG PROJECT:
CITY OF MERID
PUB~C MEETING SIGN- SHEET
~~
- Q.rr-6~ 5r~ u~ N ~ ~ ~d ~ ~ ~ G Y~
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CITY OF MERIDIA
PUB~C MEETING SIGN- HEET
NAME PHONE NUMBER
~ ` /, ~~
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36[~8336~
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'96 ~~fi 7 ~i1'1 G 1~6
OF.DINANCE N0. `"` ~-~~~=" --'
SEE ~ _-
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nECGr~ .. _
AN O~tDINAP7CE VACATING A RIGHT-OF=WAY EASEMENT, RECORDED AS
INSTRUMENT NO. 39460% WHICH EASEMENT IS IrI A PORTION OF LOTS 1, 2,
3, 4, ANDS IN BLOCK 1 OF PUTUR-IDA SUBDIVISION NO. 1, ACCORDING TO
THE OFFICIAL PLAT THEREOF, FILED IN BOOK X43 OF PLATS AT PAGE (S )
3475-3476, RECORDS OF 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 i_n the best interest of
said City to vacate the' right-cf-way easement recorded as
Instrument No. ?94F07.
NOin', THEREFORE, BE IT ORDAINED BY TiiE MAYOR AND CITY COUNCIL
OF THE CI~i'Y OF MEFcIDIAN, ADA COUNTY, IDAHO:
Section 1:: That since the land owner has requested that
the right-of•-wa1~ easement recorded as Instrument No. 394607 be
vacated, no people 1-iaving objected and the City of Meridian na
longer having need for the easement, the City of Meridian hereby
vacates the easement recorded as Instrument No. 394607.
Section 2: WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist, this Ordinanr.e shall take
effect. and be i.n `full force from and after -its passage, approval
and publi.ca~:.ior. as requred by law.
PASSED key the. Ci_t~ Council and approved b the Mayor of the
City of Meridian, Ada ~.oLnty, Idaho, this ~ day of October,
1:96.
ATTEST:-
WIL:f~iAM G. BERG, JR , C TY CLERK
ER~i' D. CORRIE - MAYOR
ORDINANCE VA~~A'1`IN~ EASEMENT/VALLA Page 1
i 1
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 VACATING A RIGHT-OF-WAY EASEMENT, RECORDED AS INSTRUMENT
N0. 394607 WHICH EASEMENT IS IN A PORTION OF LOTS 1, 2, 3, 4, AND
5 IN BLOCK 1 OF FUTUR-IDA SUBDIVISION NO. 1, ACCORDING TO THE
OFFICIAL PLAT THEREOF, FILED IN BOOR 43 OF PLATS AT PAGE(S) 3475-
3476, RECORDS OF ADA COUNTY, IDAHO,,/•~.AND PROVIDING AN EFFECTIVE
DATE." passed as Ordinance No. ~Y'~ , by the City Council
and Mayor of the City of Meridian, on the ~ S~ ,day of October,
1996, as the same appears in my office.
DATED this ~ day of October, 1996.
`,t`,11ti1t1i11!lPJr,s~''~
~~ ~
'~
CITY CLERK, CITY OF R IAN
$~~ A$~i COUNTY, IDAHO
9
STATE OF IDAHO, ) ~""%~~ ~ ~~~ ' ~ ~~~.`
County of Ada, ) rj~~~l~ttl+;,ste``~~
Ori this ~ day of October, 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.
~~ ~ ~,~e ~~~ ~~
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SEAL > ~ ~~ ~,. ~ ~,, ~ _
t ~ ,..
~~ ~ ~
•.
Y PUBLIC FOR IDAHO
DING AT MERIDIAN, ID HO
COMMISSION EXPIRES 4r Qq
ORDINANCE VACATING EASEMENT/VALLA
Page 2
•
ORDINANCE NO.~~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING THE ZONING OF CERTAIN
REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A
PARCEL OF LANDS B/EIN ADA COUNTY, OIDAHOE AND 1PROVIDING4 AN EFFECTIVE
T.3N., R.1W., ,
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 change the zoning from R-4 Residential to Limited
Office (L-0), for the following described parcel 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 aforementioned real property which is
described as follows:
A parcel of land being a portion of the SE 1/4 SW 1/4,
Section 1 T.3N., R.1W., B.M., Meridian, Ada County,
Idaho, said parcel being more particularly described as
follows:
Commencing at the West 1/16 Corner common to Sections 1
and 12, T.3N., R.1W., B.M., Ada County, Idaho;
thence, East 108.00 feet along the line common to said
Sections 1 and 12, which is also the centerline of W.
Cherry Lane to the REAL POINT OF 13EGINN 9 6'0 ~ ~ ~ 6 ~
thence, North 202.00 feet;
thence, East 105.00 feet; ~,;~ _. ~~:~,„
~,t .t '3 Y~i S<~~~J
thence, South 202.00 feet to said line ~cdi~h`on to Sections
1 and 12; g0`J~ ~~
thence, West 105.00 feget to the REAL~9~OQ~T 7 B ~I~1jN~~G,
said parcel containin 0.49 acres . ~ ~ ~g~ "`."~
the same is rezoned from R-4 Residenti~~`t ~ invited
be, and ,,, y
FE;.: .~:
REZONE ANNEXATION ORDINANCE - WATKINS/STEWART PAGE 1
(L-O) and Section 11-2-425, Official Zoning Maps is hereby amended
to reflect the same. This rezoning is subject to the conditions
referenced in the Findings of Fact and Conclusions of Law as
adopted by the Meridian City Council on the request for rezone.
Section 2. The Applicant shall comply with all of the
Ordinances of the City of Meridian including the Fire Code, Life
Safety Code, Uniform Building Code, Electrical and Plumbing Codes
and Mechanical Code.
Section 3. That if .the Applicant shall fail to meet the
above conditions the property shall be subject to rezone back to R-
4.
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
City of Meridian, Ada County, Idaho, this ~~ day of October,
1996.
APP~O'VE~D
-- ROBERT D. CORRIE
``,`~,11~11111f!!l,~,~
C1~
ATTEST : A"~ ,
~1~ ~q
- ~ '.Gt.Xi~l
_ i ~. ~~
CITY CLERK -- WILL BERG, ' `~{d~ ~ :`~~ • ~ ,p~,t`~
REZONE ANNEXATION ORDINANCE - WATKINS/STEWART PAGE 2
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILL BERG, City Clerk of the City of Meridian, Ada County,
Idaho, do hereby certify that the above and foregoing is a true,
full and correct copy of an Ordinance entitled"AN ORDINANCE OF THE
CITY OF MERIDIAN AMENDING THE ZONING OF CERTAIN REAL PROPERTY IN
THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND BEING
A PORTION OF THE SE 1/4 SW 1/4, SECTION 1, T.3N., R.1W., B.M., ADA
COUNTY, IDAHO; AND~~P'ROVIDING AN EFFECTIVE DATE."; passed as
Ordinance No.~~--~-~ the City Council and Mayor of the City of
Meridian, on the day of October, 1996, as the same appears
in my office.
DATED this ~ day of October, 1996.
`\``1~11111i1ft1~,,~1jf~ ///JJJ
~~ its Clerk, City of a idian
_ da bounty, Idaho
_ ~~~~
STATE OF IDAHO,) ,~ '~{ter 18'~ ~~~`
County of Ada, ) ''f,~~~hh~t-~~`,.~`
~In i-
On this ~ day of September, 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
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Nota ublic f(Sr Idaho
Res'di g at Meridian, Id ho
Co i sion Expires: ~
REZONE ANNEXATION ORDINANCE - WATKINS/STEWART PAGE 3
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• ~ZoNE .4NNEXATIDN v~ItiIANGE
n
MERIDIAN CITY COUNCIL MEETING: October 1.1996
APPLICANT: ITEM NUMBER; 13
REQUEST: WATERISEWERITRASH DELINQUENCIES
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: ,I
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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1.._J
DELINQUENCY FOR OCTOBER
TURNOFF SCHEDULED FOR 10/02/96
MAYOR: Tbis is to inform you in writing, if you choose to, you have the right to a
pre-determination hearing at 7:30 P.M. , OCT. 1,1996 before the Mayor and the City
Council to appear in person to be judged on the facts and defend the claim made
by this City that your water, sewer and trash bill is delinquent. You may retain
councel. This service will be discontinued on OCT. 2, 1996, unless payment is received
in full. Is there anyone present who wishes to contest their water, sewer and trash
delinquency? No response.
MAYOR: They are hereby informed that they may appeal or have the decision of
the City reviewed by the Fourth Judicial District Court; pursuant to Idhao Code.
Even though they appeal, their water will be shut off. The amount of the turn off list
is $ 20.416.27
c . •
DELINQUENCY LIST
TURN OFF LIST SCHEDULE FOR 10/02/96
ACCOUNT# NAME & ADDRESS AMT. PAST DUE
1-160 DAVID KLUG 43.3 0
722 3RD ST W
1-3200 MARYANN NEWKIRIC 73.40
847 W PINE AV
1-3 510 EARL & KATHI,EEN BRINEGAR 185.60
205 W PINE AV
1-4440 WILLIAM HOLSTEIN 122.00
870 W FRANKLIN RD
2-70 CYNTHIA THOMAS 48.40
922 W 2ND ST
2-402 ANDREW & DANITA LUBACKY 132.60
912 NW 7TH AV
2-458 JOHN & DEENA LLOYD .140.00
682 W CRITERION ST
2-958 TINA HENDRICKSON 122.50
915 NW 14TH ST
2-1560 DAVID DOMKA 98.00
1404 W 2ND ST
2-1721 DR. BARRY SAMS 66.00
SPRINKLER
2-1730 DR. BARRY SAMS 254.52
403 W CHERRY LN
2-2180 DUWAIN SHEPARD 85.00
238 CHERRY AV
2-2250 TRUDIE HADLEY . 84.40
225 CHERRY AV
t ~ •
2-2280 RICHARD SCHERER
201 CHERRY AV
2-2290 RICH JAMES
1230 W 2ND ST
2-2350 DIANA HARPER
126 W WASHINGTON AV
2-2550 PAUL PACK
1313 W 4TH ST
2-2748 PAUL PACK
1323 W 4TH ST
2-3180 WALTER RYAN
1131 W 7TH ST
2-3340 RICHARD POE
1115W6THST
2-3600 WILLIAM HUTCHINGS
309 WWASHINGTON AV
2-3912 DONALD & CAROLYN COUCH
1121 MERIDIAN ST
2-4200 CLAUDE JAMES BLAKELY
1618W8THST
2-4630 BRUCE G. HARVEY
1239 MAPLE ST
2-4740 JUDY ALBRECHT
1406 W 14TH ST
2-5020 KENNETH WOOD
1538 N CINDER RD
2-5170 JILL RODRIGUEZ
1401 W 14TH ST
2-5410 SHERRI ELIADES
1434 ELM PLACE
•
168.80
133.00
71.40
154.30
162.80
124.20
192.34
55.40
47.40
115.40
94.00
139.20
135.20
124.80
94.60
.,
2-5610 KRIS HOPKINS/GAY LEE ARCHULETA 69.50
1504 W WASHINGTON ST
2-5670 JAMES RANSOM 76.60
1017 W 15TH AV
2-5960 E GAINES & R SCHULER 146.60
1104 WASHINGTON PL
2-6390 BECKY STITZ 67.60
914 W WASHINGTON AV
2-6440 FREDRICK J SHADDICK 112.40
1002 W WASHINGTON DR
3-310 JEFFREY SCHAMBER 68.60
2043 W SNYDER DR.
3-332 DAVID PORTER 66.20
1979 W SLATON DR
3-388 LESLIE BRUNTON 95.60
1968 W SLATON DR
3-400 JAMES & LESLIE ALLEN 81.20
795 N TALL PINE PL
3-414 ROBERT & SHARON HUFFMAN 105.20
627 N TALL PINE PL
3-420 RICHARD THURBER 127.20
674 N TALL PINE PL
3-670 WAYBE HURRAY 118.00
1625 W PINE AV
4-1626 SHANE & MICHELLE MAXEY 113.60
2812 W WILLARD ST
4-1914 SYLEU SINGKHAOPET 125.20
1445 N TOKAY WY
4-1988 MICHAEL CRAGO 181.20
2139 W SONOMA DR
4-2304 RUSSELL KOYLE
1515 N SANTA CLARA PL
5-710 GUY R SHINN
3539 W FIR CREEK CT
20-1452 WESTWOOD HOMES
3505 W STANWICH DR
20-1692 STEVEN & CONNIE NEEDS
3674 WOODMONT DR
20-1726 NANCY MESROP
2110 N SCIOTO PL
20-1758 STEPHEN & LINDA LYONS
3602 W STANWICH DR
21-56 DOUGLAS BARKER
2156 LEANN WY
21-502 ROBERT STANPHILL
2818 N QUARRYSTONE WY
21-582 MORJORIE CHANCE
2606 W PEBBLESTONE CT
21-996 DAVID & KRISTEN GOURLEY
2723 W PEBBELSTONE CT
21-1102 ERIK BEAL
2701 N OLD STONE WY
21-1116 JEFFERY HANSEN
2565 N OLD STONE WY
21-1760 LINDY L GRAPATIN
1890 MARIANNA PL
21-1766 RICK K COFFMAN
1960 MARIANNA PL
21-1776 EARL FOREMAN
1920 TODD WY
•
157.20
79.00
111.40
154.10
120.60
65.30
85.40
62.00
159.30
294:80
238.20
159.60
126.20
128.20
101.60
21-1832 PHII,LIP SHOEMAKER 79.93
2637 REBECCA WY
21-1868 DAREL D PEDERSEN 116.40
2638 REBECCA WY
21-1920 KONNEL & KATHERINE PETERSON 153.60
2512 REBECCA WY
21-1948 ANDY HARDEE 150.20
2595 REBECCA WY
21-2070 MICHAEL A ANKENMAN 150.00
2993 W ANN ST
21-2122 PHYLLIS NIXON 84.00
1745 N MORELLO AV
21-2240 MIKE WARD 115.20
3020 W KANDICE ST
21-2946 GERALD & SHAWNA VARNER 156.90
2895 W FIELDSTREAM DR
21-2950 DAVID SITES 152.15
2650 N MORELLO AV
21-2960 MALCOM& PEGGY BEACH 202.80
2870 W FIELDSTREAM
21-2990 HUBERT & ANNABELLA PRICE 169.80
3133 W MIRAGE CT
21-3018 GORDON CARSON 91.40
2887 N HEARTH AV
21-3036 GERALDINE BARB 133.40
2991 W RAVENHURST ST
21-3068 PATRICK &. JUDY BOYDSTUN 113.00
2943 W JOUST ST
21-3070 KIlVIBERLY DECK 164.30
2921 W JOUST ST
21-3160 DOUGLAS & JENNIFER PETERSON 61.60
3087 N THAMES AV
22-210 RETRO HOMES INC 93.20
1679 N KASTLE FALLS AV
22-13 56 MARVIN L KERB S 157.60
1983 HENDRICKS CT
22-1466 MARCUS SHELDON 166.10
1710 W HENDRICKS ST
22-1614 DONALD H FISHER 91.20
1750 BEARDON WY
31-248 RUSSELL S HEUGHINS 100.80
1528 W CHERRY LN
31-430 RAY CASTANEDA 110.80
1 S 11 STOREY AV
31-448 MERLE LARSEN 168.63
1393 STOREY ST
31-520 BARBARA ROOT 37.20
1562 STOREY AV
31-538 ROBERT L MILLER 102.72
1521 KINGSWOOD AV
31-732 WILLIAM & SANDY PENDELTON 143.32
2132 NEWPORT DR
31-866 VICKEE K CARSON-POOLE 161.00
1328 W CHATEAU AV
31-1264 BRENT & JEAN MORGAN 123.00
1232 DARRAH DR
31-2238 RENEE TUBBS 148.40
1310 DARRAH DR
31-2322 BRADLEY PRICE 141.60
1462 CLAIRE ST
31-3074 PHILLIP PRICE
1086 W CHATEAU DR
31-3236 VICKIE HRUSKA
2267 NW 11TH ST
31-3256 RICHARD C GRIGG
1120 W KINGSWOOD CT
31-3272 KATHY NEWMAN
2095 NW 11TH AV
31-3324 CHARLES AKE
971 DELMAR DR
31-3400 DANIEL L ROWELL
2222 NW 11TH AV
31-3422 TIM ALLEN
1034 FAIRWOOD CT
31-3474 SHAWN MCDONALD
2082 NW 10TH PL
31-3504 LINDA PADDOCK
1643 NW 11TH AV
31-3620 JOSEPH V KIEBERT
941 STOREY AV
32-566 BARBARA J HICKS
1919 CRESTMONT DR
32-630 VINCENT GARDNER
2070 CRESTMONT DR
32-656 H. LARUE BEVINGTON
467 CRAMMER DR
32-676 KERRY KII,LIAN
261 W CRAMMER DR
32-1632 MICHAEL & SUSAN WRIGHT
639 W WOODBURY DR
117.30
140.00
68.80
86.00
109.60
122.60
113.10
78.40
86.50
94.00
208.00
62.60
98.40
67.00
88.30
32-1758 ROBERT NORRIS 123.70
131 W CLAIRE ST
33-1838 RODNEY POLENSKY 103.00
23 5 E WOODBURY DR
33-1852 MELISSA BUNDY 69.20
2486 N LARCHMONT PL
33-2380 JOHN SCHMIDT 58.40
609 E HAWK ST
33-4152 MICHAEL & JII,L KOBE 323.10
2725 N ARROW WOOD WAY
33-4578 DOUG & MARY RHINEHART 74.20
2553 N RICHTER AV
34-500 LAYNE MOURITSEN 223.20
2092 N SAPPHIRE PL
34-504 RONALD ERICKSON 137.00
2096 N SAPPHIRE PL
34-632 JAMES & SHIRLEY BAKER 72.60
1419 E TOURMALINE ST
34-860 BENJAMIN J FLYNN 109.40
980 E BROWN BEAR CT
34-994 DREW & VICKIE MASON 145.00
2592 W SHOVELER WY
34-1036 RONALD & MELANIE LANDON 169.40
1288 E HUNTER DR
34-1172 CARL & DOROTHY QUARENBERG 155.00
2530 N BLACK BEAR WY
34-1560 PHII,P HAROLD 138.20
952 E HAWK ST
34-1752 BRENT & LESLIE ANDERSON 104.80
829 E BLUE HERON ST
•
34-1754 DAVID LIEBERMAN 146.30
2307 N LARK AV
34-1764 RICHARD CUNNINGHAM 166.20
845 E CHATEAU DR
34-1770 WADE & WYNETTE DAVIS 64.50
933 E CHATEAU DR
34-1838 MICHAEL P KELLY 164:80
2071 NE 10TH AV
34-2104 HEIDI TYLER 105.40
1034 TAMMY ST
34-2140 JONATHAN P STOEGER 136.20
1871 JERICHO RD
34-2802 BRETT & MICHELLE DUNSTAN 131.60
1316 E RINGNECK CT
42-1899 MIItAGAE MEADOW S HOMEOWNERS 3 5.00
SPRINKLER
42-2294 ROY G HANIII,TON 80.00
2122 E KATELYN DR
42-2558 BOBBY HOWE 162.00
2194 E LOCHMEADOW CT
42-2584 JOHN R & JULIE SUOR 110.00
2550 N MEADOWGLEN PL
42-2760 PAMELA ANNIS 242.80
1822 E MEADOWGRASS ST
46-326 CASY MCDONOUGH 70.60
3582 E EISENHOWER DR
50-54 ROBERT BURKETT 59.40
221 E STATE ST
50-90 ROBERT HENDRY 98,40
515 E STATE AV
F •
50-262 SCOTT MURRI 81.00
12 E STATE ST
50-354 DENIMS CARSTENSEN 108.15
416 E CARLTON AV
50-1408 WESLEY CORP 180.00
1412E 1ST ST
50-1412 WESLEY CORD 136.80
1420E 1ST ST
50-1440 HEPPER HOMES 302.00
43 E FAIRVTEW AV
50-1472 WHITE WATER SALOON 186.00
1646 MERIDIAN ST
50-1742 ELMORE BROOKS 49.60
1332 MERIDIAN ST
50-2096 GEORGE & PATTY JEFFS 97:60
1305 N SANDLIN AV
50-2116 T.R. & JAMIE KIRKMAN 69.40
1356 N STONEHENGE WY
50-2150 RYAN & JII,L NELSON 202.50
966 E WINSLOW ST
51-50 AIVIYX FAMII,Y LMTED 226.00
37 E BROADWAY AV
51-450 NIiJRRI'S ELECTRONICS 142:50
131 E IDAHO AV
51-3188 MICHAEL B SCHERER 150.00
208E 3RD ST
51-3810 MARK JEREL 58.25
330E 3RD ST
51-4170 HOWARD COLSON 46.40
435E 2ND ST
r.
51-4200 PHILIP G LORCHER
432E 2ND ST
69-138 JAMES & PEGGY SUE BANG
1487 E BLUE TICK ST
69-184 CAMPBELL CONSTRUCTION
1420 E DOBERMAN ST
69-480 DAVID MORTENSEN
1328 E SHEPHERD ST
69-498 JOSEPH & KIlVIBERLY
1072 E SHEPHERD ST
69-566 LAWRENCE & DEBRA CHURCH
1035 E SHEPHERD ST
69-590 MONTGOMERY BAPTISTE
1384 E BORZOI ST
69-776 ERIC & DAWN SANDMEYER
1670 S BLACKSMITH PL
69-1574 ROSS & DEBBIE MASON
618 E LINKERSHIM DR
69-1616 ANTONIO ALONSO
1928 SE 5TH WY
74-354 MICHAEL & STACY SAUNDERS
678 HANOVER CT
74-406 CASEY L FISHER
703 BARRETT ST
74-416 PATRICIA SIMS
671 BARRETT ST
74-692 JAMES MCDILL
190 5W 7TH AV
74-1032 BRADLEY C MICHAELSON
46 ROSE CL
130.Q0
52.00
18.00
124.40
175.20
143.20
134.80
131.30
68.20
277.80
97.00
56.40
67.40
150.36
67.60
~ ~
74-2366 FRANK DODGE 105.20
1000 CRESTWOOD CL
74-2876 TRACY USSERY 109.00
1345 W MERGANSER DR
74-2968 MICHAEL & SUZANNE PACKARD 149.80
1577 W PINTAIL DR
74-2988 PERRY ELIASON 117.40
1367 W PINTAIL DR
74-3252 COREY KOEPPLIN 134.40
547 S PELICAN WY
74-3300 DONALD L MOORE 64.60
1244 W GREENHEAD DR
74-3336 KENNETH ILG 79.40
1525 W GADDER DR
74-3812 .JASON FRIDAY 48.40
1042 W WALTAM DR
74-3980 MARY SHUMWAY 105.40
1522 W GANDER DR
TOTAL # TURNOFFS TOTAL AMOUN~~D, 7`~-~ 7
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•
ORDINANCE NO. 747
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 4-101 OF
TITLE IV, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE
-CITY OF MERIDIAN, ESTABLISHING THE TIME AND PLACE OF PLANNING AND
ZONING MEETINGS; REENACTING SECTION 4-101 OF TITLE IV, CHAPTER 1,
TIME AND PLACE OF PLANNING AND ZONING MEETINGS OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN, TO PROVIDE THAT THE
CITY COUNCIL SHALL SET THE DAY, PLACE, AND TIME OF THE PLANNING AND
ZONING REGULAR MEETINGS BY RESOLUTION ADOPTED AND PASSED BY THE
CITY COUNCIL; 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 4-101 of Chapter 1,
Title IV, and adopt a new Section 4-101 of Chapter 1, Title IV, of
the Revised and Compiled Ordinances of the City of Meridian to
provide that the City Council shall set the day, place, and time of
the Planning and Zoning Commission's regular meeting by resolution
adopted and passed by the City Council and in the event a Planning
and Zoning Commission's meeting falls on a holiday or day on which
a City or general election is held, the meeting shall not be held
on that day but shall be held on the following day.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title IV, Chapter 1, Section 4-101 of the
Revised and Compiled Ordinances of the City of Meridian is hereby
repealed.
SECTION 2: That Title IV, Chapter 1, Section 4-101 of the
Revised and Compiled Ordinances of the. City of Meridian is hereby
re-enacted and shall read as follows:
4-101 TIME AND PLACE OF PLANNING AND ZONING COMMISSION
MEETING:
The day, time and place of the regular meetings of the
Meridian Planning and Zoning Commission shall be set and
established by Resolution of the City Council adopted and
approved by the City Council; that said Meridian Planning
and Zoning Commission Meeting shall be held at the
Meridian City Hall at 33 East Idaho Street, by the
Commission members.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is declared to exist, this Ordinance
shall be in full force and effect from and after its passage,
approval and publication according to law.
1996.
PASSED AND APPROVED this 1st day of
CITY OF MERIDIAN
BY
ATTEST:
October
RT D. CORRIE - MAYOR
\```,~\ti„t~sa~i-~tfh~
WILLIAM G. BERG, JR. - ITY CLERK
- ~.~.~ -
I~~~i lji{~i 7101}~~~\,t`
• •
MERIDIAN CITY COUNCIL OCTOBER 1, 1996
The Special Meeting of the Meridian City Council was called to order by Mayor Robert D.
Corrie at 6:05 P.M.:
MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Glenn Bentley, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Dean Ehlert, Daunt
Whitman, Sharon Smith, Steven Jenkins, Susan Lee, David Larner:
Corrie: At this time I will turn this over to the City Attorney and let him conduct the
(inaudible).
Crookston: Mr. Mayor and Council at this time I would like to call Dean Ehlert, step
forward to the podium if you would.
Dean Ehlert, was sworn by the City Attorney.
Crookston: Are you employed by the City of Meridian?
Ehlert: Yes, I am the Code Enforcement Officer.
Crookston: Had you received some knowledge about Unique Day Care Center as to any
violations that they may have and that is why we are having the hearing here tonight?
Ehlert: Yes, I was informed that as part of their conditional use permit they were to have
a State license and as of August 26, when I was told this they had not submitted any
information on their State license.
Crookston: Did you ask them to submit their license to you?
Ehlert: Yes, I went out on August 26 and provided Peggy Jenkins a copy of the request,
it stated that within 10 days the City requested either a copy of the license or a copy of a
letter from the State Health and Welfare Department that they were applying for a license.
Crookston: Do you know whether or not they actually had submitted a request for that
license?
Ehlert: At that time I did not, later I contacted Deanna Rich who is with the Department of
Health and Welfare and she said on two separate occasions that Children's Unique Style
had submitted an application for State license but according to her had never followed
through. She said that she had contacted the Day Care and told them what was needed
to be done and she never heard back from them.
Crookston: Do you know if Health and Welfare has proceeded due to the lack of having
• •
Meridian City Council
Special Meeting
October 1, 1996
Page 2
a license?
Ehlert: I don't believe they took any kind of disciplinary action or anything to that effect.
They, what Deanna Rich had said was they just told them that they needed a license and
that was a State requirement for that type of facility. I received a copy of a letter from Child
Care Connections that was sent to Children's Unique Style and also to the Department of
Health and Welfare that in that letter Child Care Connections stated that to be on the
referral list and as a State requirement they were to have a license.
Crookston: When you first inspected the day care what problems or violations did you
see?
Ehlert: Well my first inspection it was, I simply. went out there, we weren't at that time
aware of any problems except that they had no State license. As I said, after my initial
inspection we had gotten or a copy of a letter from Child Care Connections stating several
complaints against the facility. At that time, On Septer'nber 11 I scheduled an inspection
with the Fire Department for this facility and at that time there were several fire code
violations found. There was a circuit breaker panel cover that was off, that had 110 and
220 wires that I believe at a height that children could become electrocuted. The windows
were at 47 inches and fire code requires them to be at 44 inches. The, Rod Shaul of the
Fire Department said that he had done the initial inspection for Kids Connection that was
the prior day care that he had made them install steps that made the windows within the
code. There was, in the back sleep room, it was the infants sleep room there was a crib
underneath a window that had a radio on the window seal and an electrical cord running
right down alongside the crib, I believe that is an electrical hazard. There was a book
shelf or a book case that had toys and papers that were stacked on it and I was easily able
to rock the shelf and a child climbing up on the shelf to reach something could have pulled
it over.
Crookston: What was the date of that inspection again?
Ehlert: September 11.
Crookston: Have you been out there since that time to inspect. again?
Ehlert: No I have not.
Crookston: So you do not know what the condition is right now is that correct?
Ehlert: Correct, I did talk to the Fire Department concerning the fire violations and Kenny
i
Meridian City Council
Special Meeting
October 1, 1996
Page 3
Bowers had said that he was contacted by the owners and that everything but the fire
extinguishers had been taken care. The fire extinguishers had to be inspected in October
and that was the last item on the fire inspection that needed to be corrected.
Crookston: You prepared a memorandum to the Mayor and the City Council regarding this
matter did you not?
Ehlert: Yes I did
Crookston: And do you have a copy of that, that can be submitted to the City?
Ehlert: Yes
Crookston: Included in that report is there a copy of this document that you have signed
that says record of inspection, Children's Unique Style, Peggy Jenkins needs copy of day
care license. It says also need a copy of letter from State concerning day care permit for
each day care provider. States please have above stated items to the City of Meridian
within ten days from 9-26-96, is that included in that letter that you handed to the City
Clerk.
Ehlert: I have a copy right here I can include.
Crookston: Would you submit that to the City Clerk please. You have also submitted to
Peggy Jenkins of Children's Unique Style Center a notice to revoke conditional use permit
have you not?
Ehlert: Yes
Crookston: Would you submit that to the City Clerk please? Is included in your reports
and documents entitled State of Idaho Department of Health and Welfare temporary basic
day care license, that is dated at the bottom 9-27-96.
Ehlert: I do have copies of that.
Crookston: Would you submit that to the City Clerk please? In your file do you also have
a document entitled State of Idaho Department of Health and Welfare temporary day care
permit issued to Peggy Jenkins that is dated at the bottom of the 26th day of September,
1996?
Ehlert: I have included that with the last item I have submitted.
• •
Meridian City Council
Special Meeting
October 1, 1996
Page 4
Crookston: Any also included in your file is basically the same type of document for, it says
State of Idaho Department of Health and Welfare temporary day care permit to, the name
of it says nay of day care provider Stephanie A. Jenkins, this is stated the 26th day of
September. Do you also have that in your file and has that been submitted to the City?
Ehlert: Yes it has.
Crookston: Does Unique Style Day Care Center now have a Health and Welfare Day Care
license?
Ehlert: They have a temporary day care license.
Crookston: Do you know how long the temporary day care license lasts?
Ehlert: I believe the date is on the license itself, I don't remember the date.
Crookston: There is a termination da#e, is that-what you are saying?
Ehlert: Yes
Crookston: Do you know what that date is?
Ehlert: I don't recall the date.
Crookston: But it is on the document?
Ehlert: Yes it is, I believe the temporary license is good for 60 days I believe it is.
Crookston: You are talking about the document that says on it effective date of September
26, 1996?
Ehlert: Yes
Crookston: On one of those documents it says the effective date is from September 4,
1996 to January 2, 1997, that is a temporary basic day care license and that was issued
September, the date on it says dated September 27, 1996 is that correct?
Ehlert: That is correct.
Crookston: So they didn't have any type of day care license until September 27, 1996?
Meridian City Council
Special Meeting
October 1, 1996
Page 5
Ehlert: Yes
•
Crookston: This particular day care operated by Unique Style Day Care the structure
within which that is located was that not used for a day care prior to that by Mr. and Mrs.
Walgamott?
Ehlert: Yes it was.
Crookston: Have you reviewed the findings of fact and conclusions of law pertaining to that
issuance of that day care license?
Ehlert: Yes
Crookston: Were they required, the Walgamott's were they required to bring it up to the
codes?
Ehlert: Yes they were.
Crookston: In the decision on the findings of fact and conclusions of law is it not correct
that the decision and recommendation was that the property be required to meet the water
and sewer requirements, the fire and life safety codes and other ordinances of the City of
Meridian?
Ehlert: That is correct.
Crookston: Do you know whether or not the Walgamott's had brought the property up to
code?
Ehlert: According to the Fire Department they had.
Crookston: Do you know what according to you because you were not here but have you
had discussion with the Fire Department Daunt Whitman the Building Inspector or any
other person or agency of the City of Meridian as to whether or not in fact the Walgamott's
had the property meeting the code requirements.
Ehlert: To my understanding it had met requirements.
Crookston: And at the time you inspected the property did it meet the code requirements?
Ehlert: Not on September 11.
Meridian City Council
Special Meeting
October 1, 1996
Page 6
u
Crookston: Thank you, that is all the questions I have of Mr. Ehlert, if the Council has any
questions they may certainly inquire of Mr. Ehlert.
Rountree: I had a question, you mentioned that complaints had been received, I don't want
to know the nature of the complaints but were they received by the City or by the State?
Ehlert: They were received by Child Care Connections.
Rountree: The previous owners?
Ehlert: No, Child Care Connections is a referral agency.
Crookston: Excuse me, Mr. Ehlert, do you have a copy of any of those complaints or
documentation from Child Care Connections as to those complaints?
Ehlert: I do believe a copy of the letter that was faxed to the City.
Crookston: Would you submit that to the City Clerk please?
Ehlert: Yes
Crookston: I would ask that the City Council accept all of the documents that Mr. Ehlert
has submitted to the City as evidence in this matter.
Rountree: Do you know the date of the door opening for business?
Ehlert: No I don't.
Corrie: Counselor, before we get (inaudible) that will require a vote from the Council? I
have a question, you said that the Fire department made the, that there are no smoke
detectors in operation, the windows in the sleeping area were above the 44 inches and
electrical panel in the bathroom was open and the fire extinguishers need to be tested in
October. The corrections were taken, was that a verbal, you got the Fire Chief, was that
a verbal that the Jenkins or the child care center told the Fire Department that they were
corrected?
Ehlert: That was my understanding yes.
Corrie: The Fire department did not go back (inaudible)
•
Meridian City Council
Special Meeting
October 1, 1996
Page 7
Ehlert: No
Corrie: Any other further questions from the Council?
Morrow: I have some Mr. Mayor, paragraph two with respect to your letter to Mayor Corrie
and us as a Council it addresses items such as there are objects and I will just quote
here," there are objects such as scissors, staplers, paper clips which could be a hazard
to children. Circuit breaker panel had the cover removed exposing 110 and 220 volt wires
within reach of children: The infant sleeping crib was placed against the west wall
approximately 1 1/2 feet below the window. On the window sill a radio with an electrical
cord running down the wall just outside the crib was plugged into the electrical outlets.
Carpets throughout the center were stained and appeared very dirty. Bookshelf
approximately 6 feet tall had children's toys and games stacked with other papers on every
shelf including the very top. The bookcase was not secure to the wall, able to rock the
book shelf with very little effort. A child climbing on the shelf to reach a toy or game could
cause the shelf to fall. Outside children were seen drinking out of a hose held by one of
the staff. Hoses are susceptible to cross connection and can become contaminated." I
guess my question there is I am not personally familiar with any building codes that
address any of those issues except for the circuit breaker panel being off the panel box.
Is there a series of codes that address day care issues concerning these things that are
sited in this letter? Or where those things a condition of the conditional use permit in the
very beginning?
Ehlert: There are no ordinances to my knowledge, it wasn't in the original conditional use
permit.
Morrow: My next question is with respect to in the third paragraph it says, "windows in both
sleep rooms were higher, 47 inches than the required 44 inches for fire exits." That would
indicate to me that probably in the original conditional use permit with the original owner
that was also in violation and was never corrected. We are talking about a window that is
framed in here in order to get it to the 44 inch sill height, the window would have to be
taken out and framed down to the 44 inch height and a new window put back in.
Ehlert: During the inspection on September 11, Rod Shaul the Fire Department
representative said that he had done the initial inspection for Kids Connection. That was
a problem when he did the initial inspection for Kids Connection and he said that he
remembered it because he made them put in steps which would make it meet the
requirements but he said he remembered making them put in steps underneath the
window so it could be used as a fire escape.
Meridian City Council
Special Meeting
October 1, 1996
Page 8
Morrow: I have a technical question here for my own information. Typically in an existing
structure that has a 47 inch sill height that has grandfather rights, you are required to put
in a 44 inch sill height in all new construction or all additions. In this particular case there
is no provision for grandfather rights or in the conditional use permit specifically spell out
in the original application that was to be changed by virtue of those steps?
Ehlert: I am not sure what your question is.
Morrow: Well my question is that, let me rephrase that. In an existing structure, whatever
the window sill heights are. they have grandfather rights therefore it is approved in its
usage, if you were adding on to a structure or you are building a structure from new then
you are required to meet the 44 inch sill height. In the original conditional use permit was
there a provision in that conditional use permit requiring that sill height to have the steps
to make it a 44 inch for accessible by virtue of those steps to the 44 inch sill height?
Ehlert: I don't believe there was a provision in the conditional use permit.
Morrow: Was there a written by virtue of the fire inspection was there a written instruction
to the original owners that needed to be reduced by virtue of those steps or by reframing
those windows to that sill height?
Ehlert: I never saw any written notification.
Bentley: Walt in earlier testimony before your arrival it was stated that part of the
conditions for transferring the use permit was that the original owners brought the house
and all the conditions up to code. I am wondering if that wasn't when the steps were put
into play under those windows.
Morrow: Well in terms of the building code there is no building code that I am personally
aware of that requires the steps to be there. Unless it was in writing and adopted as a
(inaudible) you have to have some documentation to make that (inaudible). My question
here is was that ever done anywhere through the process.
Corrie: Any further questions from Council for Dean.
Crookston: I don't have anything at this time. I would like to call Daunt Whitman.
Daunt Whitman, 284 Oakhurst Way, Boise, was sworn by the City Attorney.
Meridian City Council
Special Meeting
October 1, 1996
Page 9
•
Crookston: You are an independent contractor and have a contract with the City of
Meridian do you not?
Whitman: Yes I do.
Crookston: You are the building inspector for the City of Meridian?
Whitman: That is correct.
Crookston: Have you inspected the Unique day care center?
Whitman: Yes I have.
Crookston: What were your findings from that inspection?
Whitman: When I did the inspection it appeared that it was a residence that was going to
be used as a day care. It appeared to meet the code requirements for such. If I may, the
question about the window sill height that came up. Basically putting in some steps was
a compromise that was reached to, the windows met the egress size the sill height didn't
conform to current code. So it was a compromise situation where the fire department and
myself we felt that it was a safe situation to make it where the window was met an egress
requirement. There was no written, there is no documentation of that.
Crookston: So there was basically an agreement that Kids Connection did not have to
meet the building code at that time.
Whitman: It was an agreement that they would made a modification by putting in the steps
to make, to try to meet the egress requirement for those windows.
Crookston: When you were out there were those steps in front of the windows that were
required to have those steps?
Whitman: I have looked at the building several different times. The first time I guess it was
for Kids Connection they had been installed.
Crookston: Were they there the last time you inspected the property?
Whitman: No they where not there were shelves built in front of one of the windows and
then they had been removed for the other.
Meridian City Council
Special Meeting
October 1, 1996
Page 10
Crookston: What was the date of your last inspection?
u
Whitman: I don't have a document with me that tells me that date.
Crookston: Do you know if it was since the day care license had been transferred from
Kids Connection to Children's Unique Style Day Care center?
Whitman: At the time I did the last inspection it was being operated as Children's Unique
day care.
Crookston: Was that the time that you noticed that the steps were not in front of the
windows?
Whitman: Yes, it was approximately the 1st week in September.
Crookston: Were there any other violations of the Uniform Building Code that you noticed
when you made your inspection?
Whitman: No, there were not.
Crookston: That is all the questions I have for Mr. Whitman.
Morrow: Mr. Mayor, question, did you notify the owners at your inspection on the first part
of September about the steps not being there and that they had been a requirement on the
prior day care?
Whitman: No I didn't.
Corrie: Any further questions from Counsel?
Crookston: No, I have nothing further for Mr. Whitman. Does the Council have any other
further questions of Mr. Whitman? I would like to call Sharon Smith.
Sharon Smith, 11354 First Street, Star, was sworn by the City Attorney.
Crookston: You had a child that you took to Unique Child day care center do you not?
Smith: Yes I did.
Crookston: What is her name?
•
Meridian City Council
Special Meeting
October 1, 1996
Page 11
Smith: Cassandra
Crookston: While Cassandra was there do you know if she received some type of injury?
Smith: She did on August 17, I was not notified at work that she had apparently fallen over
from a sitting position and this is what I was told. They had her sitting up and turned their
backs on her to do something, I don't know, at that time she could not sit up by herself,
they had her sitting up and tum their back and she had fallen over and according to Peggy
had hit her head on a crib or the leg of something she was sitting beside. I do have
pictures of the injury.
Crookston: Would you submit those to the City Clerk please, I believe you have two
copies, would you submit one copy to the City Clerk please? Did you take those pictures?
Smith: Yes I did.
Crookston: Do they accurately reflect Cassandra's condition?
Smith: Yes
Crookston: What do they show?
Smith: They show that on the back. of her head toward the top there was a scrape, it
actually looked more like a rug burn. Several inches long, nearly an inch wide on the back
of her head that in my opinion I don't think came from falling over against something which
would have resulted in a little goose egg or something. I don't know how this injury
happened.
Crookston: You did not pick up Cassandra the day that this happened did you?
Smith: No my husband did.
Crookston: Have you had a discussion with you husband about when he picked up
Cassandra?
Smith: Yes, he said on that day when he walked in the door they told him exactly what they
told me that she had fallen over and hit her head on a crib.
Crookston: Nobody at Unique Child Care center contacted you or your husband is that
correct?
•
Meridian City Council
Special Meeting
October 1, 1996
Page 12
Smith: No they did not.
Crookston: Do they have your telephone numbers?
Smith: Yes they do. If I may I was called at work one day with what Peggy thought was
a case of chicken pox and she in letting me know I told her I would get with you because
I need to arrange to get off work to come take care of my daughter. She called me back
about 20 minutes later saying she apologized for the inconvenience etc. but that they had
got her in front of a fan and got her clothes off and got her cooled off, apparently she had
a heat rash bad enough to where it looked like chicken pox.
Crookston: What did the individual that your husband talked to say how this scratch on
Cassandra's head occur?
Smith: It was explained to Daniel that she had fallen over and hit her head on the crib.
Crookston: Any explanation as to how she fell over.
Smith: They had turned their back on her and in that time she had just fallen, she was not
able to sit up by herself.
Crookston: Did they say what she was sitting in or was she on the floor?
Smith: On the floor on a blanket.
Crookston: And she had a scratch on her head from falling backward while she was sitting
on the floor.
Smith: Well apparently the crib was beside her to the leg to the front. I talked to Peggy the
following morning and that is what I was told. So I don't see how it happened.
Crookston: And apparently no one at Unique Child Care Center no one saw it occur at
least as far as you know:
Smith: As far as I know.
Crookston: I would ask to have the pictures admitted into evidence.
Corrie: Shall we do it all at once?
Crookston: That is fine. That is all the questions I have at this time.
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Meridian City Council
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October 1, 1996
Page 13
Corrie: Council any questions at this time?
Crookston: Unless the Council has any questions of Mrs. Smith.
Bentley: I have one, how old is Cassandra?
Smith: She is now almost 7 months.
Bentley: How old was she then?
Smith: Nearly 5 months.
Corrie: Any further questions?
Crookston: Mr. Mayor and Council, that is all the evidence that I have to present at this
time. (Inaudible) closing argument.
Corrie: I guess at this point if I am correct we will have the applicant or the day care center
at this time come up, not being a judge I don't know what procedure we are doing here.
Crookston: I think Mr. Mayor you need to address the question as to the admissibility of
the documents and pictures that have been submitted into evidence.
Corrie: We need a vote that we submit, that all the pictures and papers be evidence,
approved, is that correct?
Morrow: So moved
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the papers and pictures
that were presented that the testimony be approved and accepted by the City Clerk of the
City of Meridian, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Crookston: If Mrs. Jenkins or a representative is here and would like to present any
evidence and ask any questions I would ask that you do so at this time.
Steven Jenkins, 7200 Southdale, Boise, was sworn by the City Attorney.
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Meridian City Council
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October 1, 1996
Page 14
Jenkins: One of the first things on the conditional use permit, on the hearing that we had
in May, I don't remember the date that we had on the conditional, transfer of the use
permit. At that hearing I was told that we would receive a written copy of those procedures
in that hearing with all of the conditions and so forth would be on that letter. I remember
about 3 weeks after the hearing my wife asked me, I was the one that was at the hearing,
my wife asked me when are we going to receive a copy of that hearing. My response was
well they recorded the whole procedure which was hours, it probably takes time to get
everything recorded and on paper, just be patient they will send it to us. After that I had
forgotten all about it and so had she. On the 26th of August when Dean came into the
center and asked for those. licenses and so forth my wife immediately called me at my
place of work and told me what had happened. I immediately called Dean to talk to him
to get more details as to what was going on. He was not in so I talked to Shari Stiles
instead. I mentioned to her at that time that I had never received a copy of that hearing,
the procedures of that hearing and the conditions therein. She said that she would
investigate it and get back with me and send me a copy. Then on September 11 I talked
to Dean as to what we needed to do to get this thing going. At that time also I mentioned
to him that I have not ever received a copy of the May hearing. He said that he would
check into it and get back with me. On about the 17th of September I talked to Dean again
and expressed the fact that I have not received a copy of that of any of the procedures of
that hearing. And he said that he would take care of that and get me a copy sent. As of
this date today I have not yet received a single copy of the procedures that took place in
May. I and my wife had no .idea what we were supposed to do or had to do or anything
because we have never received any information as to what was required. The only thing
I can remember at the hearing was that we got the conditional use permit on the condition
that we were charged the commercial rates for the utilities and that is the only thing ,that
I remember that was verbal in the hearing on the conditional use permit. I was told by the
Council that I would receive a copy of everything that was proceeded and all the
conditions that was required. As I said we have never received a copy of those
proceedings. When we took over the day care center the previous owners didn't tell us
anything of some of these things that were required like the steps under the windows.
When we took over the place I remember seeing two milk box crates the plastic milk crates
underneath two windows. We had absolutely no idea what those crates were for. They
were in the way as far as we were concerned so I removed them. During the inspection
that Dean was talking about on the written notices of the things that needed to be
corrected, we were told about the steps that needed to be there. I told Ken, the Fire Chief,
that I talked to him about it, and I said is that what those milk crates were for? He said
what milk crates., and I said there were milk crates fastened to the floor underneath a
couple of windows. I said I had no idea what they were for. He said milk crates, that would
not have been acceptable, I would not have accepted milk crates as steps. I have
presently built wooden steps and they are fastened underneath two windows, three
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Meridian City Council
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October 1, 1996
Page 15
•
windows, I added an additional one to the third room. As far as the complaints from Child
Care Connection, to my knowledge I have never seen a copy of those complaints. I have
no idea what they are or what they were or who they were from or anything. My wife said
that she did receive a verbal complaint that the carpet looked awfully dirty. I agree that
the carpet looks dirty but it is clean. When my wife first took over when we first took over
the day care there was a lot of stains on the carpet and she used clorox to try and get up
the stains. Not knowing what clorox would do to carpet and so there are a whole bunch
of white spots Gear throughout the entire carpet that it does look kind of, what would you
say it looks bad. But the carpet is frequently vacuumed and we are in the process of
getting it shampooed but the carpet is cleaned it just looks bad. As far as the book shelf
that Dean mentioned that was not in the written conditions or when the inspection was
made there was written format that says these are the things we need to do to correct.
There was no mention in there at all about the book shelf that was loose from the wall. As
far as the facilities license my wife says that she has been presently licensed for many
years as a day care teacher, she has worked for Head Start previously and had been
finger printed at that time. And when she applied for the license through Health and
Welfare she asked if the finger printing from Head Start would suffice. Deanna Rich said
that she would investigate and find out. Peggy, my wife told me on July 30 is when she
received a call from Deanna saying that the finger prints from that particular time cannot
be submitted or used. She has to be re-fingerprinted. Peggy says that she immediately
went down it was either that day or the next day and got fingerprinted. Actually I believe
it was on July 30. It is my understanding that before the Health and Welfare will submit
or give a license they have to receive information from the background check. We have
not yet, we had a hearing with Health and Welfare on the 26th and at that date they said
they still have not yet received the background check. And so because of that they have
granted us a temporary license while they are still waiting for that. This is part of the
reason why we have not yet received or gotten a license for the facility. Because Deanna
says that she cannot give us a license until that background check has been received. It
still has not been received as of yet. As far as the injury to the child I have no idea, I have
no knowledge of that. It is possible that my wife felt that the injury was not serious to
consequent the (End of Tape) I am in the process, I have a date with Health and Welfare
on the 9th of October to get finger printed myself, I am going to also apply for a day care
license so I can help my wife run the facilities. I have an application here that I have filled
out and am ready to send to in to Health and Welfare.
Crookston: Mr. Jenkins I have some questions, did you receive a copy of the conditional
use permit that Kids Connection had?
Jenkins: A copy of the conditional use permit, yes it was up on the board. We understood
that until we got our license that we could operate under that one until we got our own.
Meridian City Council
Special Meeting
Oc#ober 1, 1996
Page 16
Crookston: Do you know that you have access to records of the City as an individual, as
a citizen of the City of Meridian, even if you are not a citizen, do you know you have
access to the records of the City of Meridian?
Jenkins: Nq I didn't.
Crookston: In your testimony you said that you received documentation or something of
the things that you had to do, did you state that, you received that.
Jenkins: Yes, that was during the inspection, what day was it, September 11, the Fire
Chief came in and inspected and at that time they had written down the things that we
needed to correct. We immediately went to work on that as far as the circuit breaker box
having the cover off, that was my fault. When I was doing remgdeling of the walls I had to
move some electrical wires so I took off the panel so I could make sure that I had the right
circuit breaker turned off. When I got done with the remodeling of the wall I forgot to put
that panel back on.
Crookston: How long was that off?
Jenkins: It was only off for, I had just barely got done with the remodeling when I called
Daunt and told him that the I am done and ready for an inspection. I think he came out
within a day or two of that call, or the next day of that call.
Crookston: If you can remember or if you have a copy of that list, what were the items that
you were required to do?
Jenkins: Number one was to put the panel on, number 2 was to make boxes or steps for
the windows, number 3 to get the smoke detectors working, number 4, get the
extinquishers serviced. Those are the things that I remember because as a maintenance
man of the center those are the things that I felt that I had to correct. There were a few
things that my wife needed to correct and so she has been working on that.
Crookston: Do you acknowledge that at the time Mr. Ehlert was out there and there was
an inspection by the Fire Department that some of those things were not done or those
items did not work?
Jenkins: No, I did not know that the like the smoke detectors I did not know they did not
work. When I went to put new batteries in it I discovered that they didn't have any batteries
at all in it. There were 3 smoke detectors, two in the sleeping room and then one in the
hall. The one in the hall did work because when I checked the one in the hall did work but
Meridian City Council
Special Meeting
October 1, 1996
Page 17
the two in the two back rooms I found that they did not even have a battery in them. And
so the batteries were not in them by the previous owners. '
Crookston: Do you now right now have any procedures for checking as to whether
electrical items or code requirements have been met. Do you have any procedures to
check as to whether or not things are working?
Jenkins: Yes, now some of the things that I have found out some things that we need to
do and need to check regularly being a maintenance man and owner of it once a week I
try to go around when I am there on a weekend, I try to get there every Saturday so that
I am not trying to work around kids. I do all the maintenance work and things that need
to be repaired and so forth on a Saturday. I am presently checking most of those items.
Crookston: You said that you had a copy of the City's findings of fact and conclusions of
law did you read those?
Jenkins: You mean during the inspection?
Crookston: No I am sorry, the findings of fact and conclusions of law did you read those
that had been issued for Kids Connection?
Jenkins: I hadn't read them fully clear through but my wife did. Because she was the one
that was going to be running the center.
Crookston: You indicated that either you had a copy of these or that they were on the
board apparently at the time of your transfer.
Jenkins: The only copy that we had ever had was the copy of the license from Kids
Connection that was on the board.
Crookston: And you had a copy of that?
Jenkins: Yes
Crookston: Would you mind stepping forward to take a look at this. Is this a copy of that
you had?
Jenkins: No
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Meridian City Council
Special Meeting
October 1, 1996
Page 18
Crookston: Would you describe what you have a copy of?
Jenkins: The copy that we have is the license itself stating that the facility is licensed to
operate as a day care.
Crookston: Who issued that license to operate?
Jenkins: I have no idea because it was there from the previous owners. When we bought
the day care and took over the day care the license was up on the bulletin board and we
just left it there.
Crookston: The license then was a license from Kids Connection and not Unique Style day
care?
Jenkins: Yes, part of the problem, my understanding is that I was misunderstood. I was
under the assumption and I guess it is just purely my assumption that we couldn't get a
license until the remodeling was completely all done. Because of the fact that we were
doing some remodeling to try and see if we could get recertified for more children. I was
under the assumption that we, until that was completely all done that we couldn't be
certified and get licensed until the remodeling was atl done. I apologize for that mistake.
I found out that the remodeling part and the license the occupancy and the license is two
different things and I didn't know that. I thought it was one.
Crookston: Is it your understanding that you had to have a day care license to operate?
Jenkins: We knew that we had to have a day care license to operate but we were under
the assumption and thought that we could operate under the existing license until we go
the remodeling all done so we could be recertified and licensed under Children's Unique
style.
Crookston: Under that statement you would then have been operating under Kids
Connections license would you have not?
Jenkins: Yes
Crookston: It would not have been your license.
Jenkins: Yes
Crookston: So how do you assume that you could operate if it is was not your license?
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Meridian City Council
Special Meeting
October 1, 1996
Page 19
Jenkins: Because we bought the day care and the license came with the facility.
Crookston: You don't understand, this is the statement, excuse me a question, you don't
understand that Unique Style Day Care has to be licensed and you cannot operate under
a previous owners license?
Jenkins: No I didn't understand that.
Crookston: Thank you, does the Council have any questions?
Morrow: I have a couple, Mr. Jenkins you have indicated that you never received a copy
of either the minutes on May 7?
Jenkins: No I haven't.
Morrow: And did you ever receive a copy of the original conditional use permit that was
transferred to you?
Jenkins: No
Morrow: So neither one of those things you have received a copy of?
Jenkins: No
Morrow: Thank you
Corrie: Mr. Jenkins, does your wife have any experience in day care centers before she
took this over?
Jenkins: Yes
Corrie: So she could have been aware of licensing and that type of thing possibly?
Jenkins: Yes, well she has worked as a teacher in a center but she has never managed
or anything like that before. So as, I don't know if she had received any of that knowledge
as just a teacher. I doubt it.
Corrie: Does she have any training in first aid?
Jenkins: Yes
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Meridian City Council
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October 1, 1996
Page 20
•
Corrie: When she saw that injury on the child's head she didn't think it was serious enough
to call the parents?
Jenkins: I don't know.
Corrie: It was a pretty good whack to cause that much of a trauma to the head.
Crookston: Excuse me, have you seen a copy of that picture?
Jenkins: No I have not.
Crookston: Would you give it to Mr. Jenkins so he could review it. If you desire to make
any comments on the photograph that is fine if you do not that is also fine.
Jenkins: I wouldn't know what to say about it. It just looks like something that possibly if
she fell against the leg of a bassinet or crib or something that usually the swivel roller at
the bottom of the leg possibly could be what she scraped her head down against as she
fell I don't know.
Corrie: I guess one question I will let Mr. Rountree ask because it is involving in the public
hearing and about the conditions if you have read all the conditions or not and you said
you had and you had seen them and I guess I am a little confused. I thought you said that
you had not seen any conditional use
Jenkins: The only thing that I had seen is the paper that was written up on the things that
we had to do during the September 11.
Corrie: On that meeting on the 7th of May when you testified, Mr. Rountree asked you if
you would be the operator under the new ownership and new name. And you said my wife
is the operator. Mr. Rountree said the conditions under the previous conditional use are
acceptable to you, you have seen them. You said yes and yes. You testified here tonight
if I am (inaudible) that you had not seen anything like that. I guess I am kind of confused
if you had seen it and said you had (inaudible).
Jenkins: I guess I am confused as to what you are talking about because it has been
several months and I don't remember exactly what you are referring to.
Corrie: I guess that is possible, he was asking if you had seen the conditional- use permit
that we were transferring to you.
Meridian City Council
Special Meeting
October 1, 1996
Page 21
Jenkins: Yes, that
Corrie: You said you had seen that and it was acceptable to you.
Jenkins: Yes
Rountree: So are you saying that you did see the conditional use permit?
Jenkins: Yes 1 guess I did.
Morrow: I have a question Mr. Mayor to follow up on that point, the conditional use permit
that you saw was it a single page conditional use permit or multi pages?
Jenkins: It seems like there was a staple in it, I think it was only two pages. I remember
that part of that we had to give a list, we had to research of all the neighbors addresses
and names of all of the neighbors and present that.
Morrow: It seems to me that there `nay be some confusion here, there is a vast difference
between a conditional use permit for the prior day care and an application for transfer.
Now this document that you saw was it an application for a transfer?
Jenkins: I remember there was some wording, I am trying to remember exactly what it
said, I remember at the top there was something about transfer of conditional use permit.
I think it said application for a transfer of conditional use permit. I don't remember.
Morrow: Does the staff have the original conditional use permit for the day care center
here? For Kids Connection? Would you get that please. In your file do you have a copy
of the application for the transfer of conditional use permit?
(Inaudible)
Morrow: Would you show that to Mr. Jenkins and see if that if that is familiar to him.
Jenkins: I remember that page because I am the one that filled it out. Is it that page there
that you are referring to?
Morrow: No, I don't know what we are referring to I am asking you what you saw. I am
trying to determine here what it was you saw that was posted on the bulletin. You
indicated in your testimony on May 7th in response to Councilman Rountree's condition
that you had seen the conditional use permit and you had read it. There seems to be
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Meridian City Council
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October 1, 1996
Page 22
some confusion in my mind as to what it was that you saw.
C~
Jenkins: I guess I am confused too, it has been long enough that I can't remember. It is
that page there that I am referring to that I remember seeing posted up on the bulletin
board.
Morrow: That is the day care license for the Kids Connection.
Jenkins: Yes. I would like to make one comment here, this letter that we received that
Dean had written that he came and inspected on the 26th of August. He said that we had
ten days to submit information to the City about our license and so forth. I remember that
my wife did call when she called me, as soon as Dean left she immediately called me. Like
I said I tried to call Dean but he wasn't back in yet so I talked to Shari. Then my wife said
she immediately called Deanna Rich and talked to her about it. She said that Deanna Rich
said that she would, she requested my wife said she asked if Deanna could either call or
write a letter or send a letter to the City of Meridian concerning the conditions as to what
progress has been going on. She said that Deanna said I'll call. Then we received a letter
here that says that as of September 11 the City has not received any information
whatsoever from Health and Welfare. I talked to Deanna Rich today and she remembers
the conversation and she said that if there are any problems or questions that she can
possibly answer the City is more than welcome to call her and talk to her.
Morrow: Excuse me Mr. Jenkins you have, is that the Conditional Use permit Mr. Berg?
The original one, would you show that to him and see if that looks familiar please?
Jenkins: It does seem like I did read something that was very similar to that.
Morrow: That would be the document that Mr. Rountree was referring to in his questions
to you on May 7 (inaudible) I have no other questions.
Corrie: Mr. Jenkins I had one question, when Dean Ehlert did call on you the 26th of
August you stated that you were in the process of obtaining your license, so evidently in
August you knew that you needed to get a license. Then we requested that the State
Health department furnish that documentation and then as of September the 5th is when
we wanted it to come back and as of the 11th the City had not received a copy of the
required documents. You are familiar with those dates?
Jenkins: That is the one that I was talking about when I was talking to Deanna Rich this
morning.
Meridian City Council
Special Meeting
October 1, 1996
Page 23
Corrie: Did she not tell you that you had to have a permit on your own?
Jenkins: I just asked her if she remembers that and because my wife called her that day
on the 26th and asked to either mail a letter or information to you to the City of Meridian
as to what has been done and what the progress is. My wife says that Deanna mentioned
that she would do even better than that she would call, call you guys.
Corrie: Because we haven't actually, the permit temporary day care was not presented
until the 24th of September. So there seems to be a considerable lapse of time. The time
that you requested her to do that and they got around to doing it. Do you have any
explanation as to why they were doing that length of time there?
Jenkins: What deanna told me is that they could not issue a license until they got that
background check back and they had not received that as of yet.
Corrie: I understand that but I am trying to figure out how cpme there is such a lapse of
time between the temporary day care permit which you had to have to operate and the
time that you asked for it. Do you know any reason why it took them a month and a half?
Jenkins: She said that she couldn't even issue the temporary until after the hearing and
the hearing was on the 26th.
Morrow: The 26th of September?
Jenkins: Yes
Morrow: So is that the explanation for the date on the temporary being from September 4
to January 2nd?
Jenkins: Yes I presume.
Corrie: Any other questions of Mr. Jenkins?
Crookston: Did you ask the City after the hearing on your transfer of the conditional use
did you ask the City for copies of the conditional use permit?
Jenkins: No I did not. Just one last comment I would like to make, that since this all took
place and started on the 26th we have found out some information of things that we need
to do that we were supposed to be doing and supposed to have been done and we have
been working very hard to get everything corrected that needed to be corrected. So we
Meridian City Council
Special Meeting
October 1, 1996
Page 24
are trying to do everything that we have been asked to do. If I had received a copy of the
proceedings on May 7th and had a chance to read those conditions things might have
possibly been done sooner.
Corrie: You mean the testimony that you gave on May 7?
Jenkins: No, the copy of all the, the copy that you guys promised to send us, send me in
the mail of the proceedings of the hearing and the conditions that was therein.
Corrie: I was just looking at this, there wouldn't be much that you would learn from the
testimony that you gave that night but I guess the conditional use that you said you had,
thought you had I guess because you stated in here you already had it. That is what the
confusion is on our part as well. Anything else?
Jenkins: Not that I can think of.
Corrie: Is there anybody else from the public that would like to make any statements?
Susan Lee, 1532 North Vineyards Avenue, was sworn by the City Attorney.
Lee: I just wanted to comment that on August 1 st I arrived home from work at
approximately 6 P.M. and prior to myself coming home my husband and children had
arrived home and there had been rocks thrown at the west side of our house. We share
a fence with the day care. Kids has thrown rocks and chipped four windows, siding and
also the wood frame to our door. I was told when Mr. Jenkins came over and looked at
the damage that the person responsible for watching those children had just gone into the
house for a moment to get a glass of water. She turned the faucet on and looked out the
window and saw that the kids were throwing rocks. Our back patio was completely
covered, it is a 1 p by 14 patio. It hadn't just happened instantly. There were numerous
rocks thrown over, we still have rocks on the top of our house. I just thought that I would
state that to question the care of the children. It has been taken care of, their insurance
company has taken care of the damage, but it should never have happened.
Crookston: Are you saying that there was insufficient care for the children?
Lee: That is what I would say, if she was to have turned around and gone intci the house
and turned on the faucet and immediately had seen the kids there is no way they could
have thrown that many rocks over even if all of them had been. My daughter who is eight
proceeded to count the rocks on the patio, we did take pictures, I don't have those with
me. But she counted 93 rocks just on the patio. Now granted they were not in perfect
Meridian City Council
Special Meeting
October 1, 1996
Page 25
order so some of those rocks could have been counted twice. But it was covered.
Crookston: You live in the Vineyards Subdivision?
Lee: Yes I do, that is all I have.
David Lerner, 1520 North Vineyards Avenue, was sworn by the City Attorney.
Lerner: Since you all invited me I got a notice in the mail. I thought I would take a real
quick (inaudible) I will keep it to that. I would like to address the noise issue that has been
created by this day care center. I work during the day time and I go to work early in the
morning so I really wasn't aware of it until I took a week off this summer. It starts at 6:30
in the morning and goes to 5:00 or 5:30 in the evening. With kids screaming at the top of
their lungs over there. My yard does not back up directly to it, I am approximately probably
100 feet away. I can hear them in my house with my windows closed. I know there is a
noise ordinance, kids are kids but I mean it is out of control. There is nobody out there
watching them because I have looked out. I have a two story house and I can look right
down into their yard. I don't see adults out there on a normal basis, I have seen adults out
there. There are a lot of kids and I am not talking little toddlers, year to two years or less.
It is the 6 and 7 year old kids and that age group 4 to 6. They have a jungle gym that they
play on and it gets very npisy. That is my concern and of course my neighbors house with
the rocks. I think it is something that you need to take into consideration. That is all I have.
Corrie: Anyone else from the public that would like to offer anything? Mr. Jenkins?
Jenkins: I would like to comment about the rocks that were thrown, there was to my
understanding there was about 8 boys involved in that rock throwing. The original day
care owners brought in gravel for the play area. Why they brought gravel in I have no
idea. But since that incident I have worked every Saturday all day long removing all of that
gravel and rocks. There was also a hill, a mound of dirt just full of rocks that we have also
removed. We have replaced all of those rocks with sand. So that this incident will not
happen again. So we are trying to be good neighbors. As far as the noise, when you have
that many kids you cannot keep that many kids quiet all the time. You may not be able to
see the supervision all of the time but the supervision is out there. A lot of time they are
sitting underneath the patio to where they can watch the children play. But as far as the
rocks and the broken windows when we saw that happening we were devastated that kids
would do such a thing as that. We have corrected that problem by removing all the gravel
and rocks out of the back yard and replacing it with sand.
Corrie: How many children do you have at that day care center?
Meridian City Council
Special Meeting
October 1, 1996
Page 26
Jenkins: We are licensed for 32 children.
Corrie: How many are there now?
Jenkins: My understanding there is the average of about 28.
Corrie: Thank you, anybody have any further testimony from the public, I will close the
public hearing.
Crookston: Excuse me, I would just like to ask a couple of rebuttle questions.
Corrie: I will reopen the public hearing.
Crookston: I would like to call Shari Stiles please.
Shari Stiles, 33 East Idaho, was sworn by the City Attorney.
Crookston: Mr. Jenkins stated that he had contacted you about this day care license and
that you had informed him that you would investigate it and send him the conditions. Do
you recall that?
Stiles: No I do not. The first conversation I remember having with him was after Dean
went out and inspected the facility in August.
Crookston: If you know when they applied for the transfer to your knowledge did they have
knowledge of the conditional use findings of fact and conclusions of law?
Stiles: I could not say that they did. I believe most of my conversations were with the
Walgamots on how to go about transferring that conditional use.
Crookston: You did not talk to the Jenkins'?
Stiles: Not that I recall.
Crookston: That is all I have Mr. Mayor and Council. I just have some closing remarks.
Corrie: Let me ask the question if the Council has any further questioning of the witnesses
the people that testified today.
Bentley: I have one for Mr. Jenkins, how many adult supervisors do you have for the
Meridian City Council
Special Meeting
October 1, 1996
Page 27
children?
Jenkins: There are five.
Bentley: How many are on duty at the same time?
•
Jenkins: From the morning until 3 there are four. We have a part time lady which would
make six. We have five full time ones and one part time.
Bentley: When does the majority of the children arrive? When is your biggest group there,
what hours?
Jenkins: I really don't know. My wife is supposed to be here around seven she hasn't
arrived yet. She could answer that. I would like to make a comment, the conversation I
was talking about with Shari Stiles was on the 26th of August when Dean was in there for
the inspection. My wife like I said immediately called me then I immediately called Dean
to get more information and detail as to what needed to be done. Dean had not returned
back to the office yet and I was transferred to Shari Stiles. It was at that tirlie on the 26th
of August that I talked to Shari. It was that time that I talked to her that I had not yet
received a copy of the hearing proceedings and the conditions on May 7.
Crookston: Mr. Mayor and Council I would just close by stating that Mr. Jenkins testified
that he had seen the conditional use permit that he had, has had a problem with operating
without a day care license. He has been operating without a license when the City's
ordinance for day care says that he has to have one to operate. That there are problems
with electrical things not working, apparently they are working now. Mr. Jenkins did not
ask the City for a copy of the conditional use permit, he says that he didn't' get the
conditions but he had seen the conditional use permit. I think it is an obligation of his to
find out that information. Certainly if he asks the City to supply him with that he has a
reasonable request made to that but I also feel if he has not received it it is not something
that you wait around for a week or two weeks are three months or four months in waiting
for it. I think he, any applicant has the duty to obtain a permit or a license or anything that
is required to operate. I ,would state at this hearing, I think Mr. Jenkins has been very
honest and I appreciate that. It is up to the Council to make the decision.
Cowie: Thank you, I will close the public hearing and Council comments or discussion on
the testimony that you have heard. I guess counselor what are our options?
Crookston: If the Council deems that there have been violations of the City's ordinances
they could terminate the conditional use. The other, three options, that one, you can do
Meridian City Council
Special Meeting
October 1, 1996
Page 28
nothing or you could place additional conditions on the conditional use.
Corrie: So we have three options if I am correct, we do nothing, place extra conditions on
the conditional use permit or we terminate the conditional use permit.
Crookston: That is correct, you do need, you can decide tonight if that is your decision but
a written decision must be made.
Tolsma: Myself I would like to see the original conditions that was placed on this for a
conditional use permit. There seems to be a little lack of communication here between the
City and the applicant or whether the applicant lacks in requesting these items or whether
we were lax in mailing these items, there seems to be a little miscommunication. Myself
I would like to see the conditions we placed on this or at least a copy of them before I
make a judgement on this thing.
Morrow: Mr. Mayor. as a point of discussion I think that and I am kind of in agreement with
Mr. Tolsma here. I do think that according to the notes that I have that Mr. Jenkins had
originally testified that he had requested information on the 26th of August, the 7th of
September, the 17th of September and made the comment that as of today he still hasn't
seen copies of the proceedings. In our copies of the minutes of the meeting on May 7
there was discussion with respect to the transfer of the conditional use permit. The then
conditional use was in fact transferred. After that there was a question by Gary Smith our
City Engineer with respect to some of the things talking about the sewer and water hook
ups. I will quote here, "Mr. Mayor, I ask a question on procedure when a conditional use
permit is issued or transferred and there are conditions attached to that how do we,
myself, Public Works department that these conditions are being adhered to. Is there a
paper that is issued for the conditional use permit. For instance on the last one there is
an additional assessment, last one meaning the ones we are talking about now. There is
an additional assessment being charged what brings that applicant into the or of the
Public works Department to pay for the additional assessment. Also, on this applicant
needs to come to the public works department and signs a .reassessment agreement as
part of your approved conditions. What makes people follow through and do that?
Morrow: Well I think the conditional use permit wouldn't take effect until those conditions,
I am song, until hose provisions have been complied with. In other words we notify them
by letter of what t is that has happen in order for a conditional use to become effective.
Smith: That is the thin I don't know, I don't know what happens to a conditional use permit
is it actually a piece of property that, conditional use written on it and says it has been
granted to the applicant and signed by the Mayor for the Council or signed by the City
Clerk (inaudible). I just need to know I guess so I know these conditions are adhered to
by the applicant through the Public Works Department particularly, but through any other
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Meridian City Council
Special Meeting
October 1, 1996
Page 29
City Department also (End of Tape) Berg, I know what the accessory use application is
dealt with, that is dealt with the P & Z Administrator and just on letterhead authorizing that
they have an accessory use. I haven't really seen any CU's in my file but I will research
that out. At least research and see what kind of procedure we have had before and report
back to you. If we need to change it starting working on it. The balance is inaudible. Mr.
Crookston says I have never had to deal with that because I have not gone that far with
it, but there should be a written document that says they are granted a conditional use and
on a transfer that they should come back in and a letter to that effect needs to be stated
also. And that if it is to be conditioned on the transfer for the prior findings of fact that
should be stated on the letter. Mr. Corrie, that would also be along with the reassessment
agreement evaluation should be on that too. We can certainly do a letter up to that effect
and let the Counselor review too, it that be the desire. Do you want the Planning and
Zoning Administrator to write the letter or do you want the Mayor to (inaudible).
Crookston, it should be by the Mayor, the accessory use can be done by the Planning and
Zoning (inaudible). Mr. Smith says Mr. Mayor excuse me again would we need the Zoning
Enforcement Officer to verify that the applicant's aren't in operation without that letter? Mr.
Crookston says I think that should be done yes. Then there is some more discussion. So
clearly at this juncture none of those things were done by the City in terms of talking about
listing those conditions, covering those uses. There was a situation where there was a
letter sent on May 9 by Jim Rabbit that says the City of Meridian Council approved the
transfer of the Conditional Use Permit to operate a day care facility at 1950 Cherry Lane
William J. Walgamot, Kids Connection to Peggy and Steven Jenkins, Children's Unique
Style on May 7, 1996. The transfer is subject to conditions imposed by Council. It is
obvious based on our discussions during the hearing and the testimony here tonight that
none of those conditions were forwarded to Mr. Jenkins in my mind. So it seems to me a
couple of things need to happen here is that I am not in favor or revoking the conditional
use. I seems to me that we need to revisit this in my mind put together again what those
conditions were that we talked about on may, 7, what further conditions have come to our
attention tonight and then from that standpoint if you will start over and make sure that
those notifications are received by Mr. Jenkins.
Rountree: Given your analysis Mr. Morrow would you suggest then that the day care
operation remain in operation at this point of time? Or that their operation cease because
they still are in violation of City ordinance without a State day care license?
Morrow: But Dearly in our packet they have made application for a State day care license
and they have a temporary and they are operating under that. I am not personally familiar
with and have no way of verifying that the temporary is contingent upon back ground
checks and so on and so forth and the time period that takes. It seems reasonable to me
that if that information is verifiable and the staff verifies that then it continues to operate
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Meridian City Council
Special Meeting
October 1, 1996
Page 30
within those guidelines because they have made that application and that they do have
documentation that they made application and are operating under a temporary. Until that
application has been either accepted or rejected by the State.
Corrie: I guess Counselor then under the temporary day care permit they are not in
violation of the ordinance at this point is that correct?
Crookston: They are not in violation of the ordinance by not having a day care license
because they do have the temporary ,permit that is correct.
Bentley: Mr. Mayor, I would not have a problem with the day care center remaining open
until we get some of these issues cleared with the one exception. I don't think there should
be I don't think the operation should continue without verification by the Fire department
and by our code enforcement officer that the safety issues have been taken care of. From
what I have gathered here tonight I don't believe anybody has been back out to verify that
the smoke alarms and the other hazards have been rectified.
Corrie: That is my understanding that the Fire department has not been out there. Is the
Council ready to make a recommendation as to what you want to do at this point?
Berg: Before we do that I think we are supposed to approve the evidence that was
presented before us, before your decision.
Rountree: I think we did that already.
(Discussion Inaudible)
Morrow: Mr. Mayor, I am prepared to move that we allow the Children's Unique Style day
care center to continue in operation subject to the following conditions. That the
procedures for the permanent day care license be followed up with the State and obtained
as quickly as possible. That there be a re-inspection done by the Zoning Enforcement
Officer, the Building Inspector and the Fire Department to make sure that all of the
conditions of the original complaint have been in fact corrected. That there be further
follow up on the part of the Zoning Enforcement Officer to see that the children are .being
adequately supervised and that there is not excessive noise within the neighborhood and
other issues that may arise from improper supervision.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we allow the conditional
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Meridian City Council
Special Meeting
October 1, 1996
Page 31
use permit to be continued on the basis that they do obtain the State license as quickly as
possible. That there is a reinspection by all departments involved be done and the follow
up on the suspensions or excuse me the supervision be done by the Code Enforcement
Officer and the Planning and Zoning Commission, any further discussion? All those in
favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Do you understand Mr. Jenkins what we have just done? If you have any
questions either come to my office or their office and we will explain them in a little more
detail if we need to.
Morrow: Mr. Mayor if I might add for the benefit of the staff and Mr. Jenkins it would appear
to me that it is paramount on the part of the staff to make sure that copies of all of these
proceedings and all the copies that he is short of be delivered to him and signed for so that
we have evidence of receipt of the original conditional use permit, the original minutes and
the minutes of this meeting this evening.
Crookston: We also need a written statement as to the decision that can be delivered with
Mr. Jenkins with those documents.
Morrow: Would it be appropriate for a motion to that effect Mr. Crookston?
Crookston: That would be a good idea.
Morrow: So moved
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further questions? All
those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Anything further? I will entertain a motion that we close this hearing.
Bentley: So moved
Morrow: Second
Meridian City Council
Special Meeting
October 1, 1996
Page 32
Corrie: Motion made and seconded that the notice of special meeting with public hearing
on the conditional use permit of Children's Unique Style child care center is closed, all
those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 7:47 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
BERT D. CORRIE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CI C RK
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