HomeMy WebLinkAbout1989 08-01
A G E N D A
MERIDIAN CITY COUNCIL
AUGUST 1~ 1989
ITEM:
MINUTES OF PREVIOUS MEETING HELD JULY 18~ 1989: (APPROVED)
1. RESOLUTION #126: APPROVE ISSUANCE BY BDC. OF REVENUE BONDS: (APPROVED)
2. NICK HALLETT: JOINT CLASS A SCHOOL DISTRICT:
3. PUBLIC HEARING: VARIANCE REQUEST BY CHRISTOPHER & LILLIAN
TALLEY ON FENCE: (FINDINGS TO BE PREPARED)
4. PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
5. APPROVE THE BILLS:(pppROVED)
AMENDED
6. ORDINANCE #507: PARKING REGARDING GROSS VEHICLE WEIGHTS: (APPROVED)
7. DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL AUGUST 1, 1989
Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford
at 7:30 P.M.:
Members Present: Ron Tblsma, Bert Myers, Bob Giesler, Walt Morrow:
Other Present: Chris Talley, K. Beumeler, Nick Hallett, Bill George, Walt Casey, Bill
Gordon, Gary Smith, Tim Hepper, Wayne Skiver, Earl Ward, Wally Lovan, Wayne Crookston,
Members of Scout Troop #132:
The Motion was made by Tolsma and seconded by Giesler to approve the Minutes of the
previous meeting held July 18, 1989 as written:
Kingsford welcomed Members of Scout Troop #132 to the meeting.
ITEM #1: RESOLUTION #126: APPROVE ISSUANCE BY EDC. OF REVENUE BONDS: Does the Council
have any questions of the City Attorney with regards to that?
City Attorney: The Economic Development Corporation just held a meeting for the adoption
of this Bond Resolution approving the execution of the loan agreement, endanger of trust,
bond purchase agreement and any other associated documents relating to the issue of
nonrecourse Industrial Revenue Bonds. Proceeds of which will be used to finance expansion
by Newberry Enterprises & High Micro Tools.
The Motion was made by Tolsma and seconded by Morrow to approve Resolution #126.
Motion Carried: All Yea:
ITEM #2: NICK HALLETT: JOINT CLASS A SCHOOL DISTRICT:
Nick Hallett: I wanted to thank you specifically for the use of the Council Room for
our meetings. It is likely that the school will have another Bond Issue this fall.
If we do havea bond issue it will be for another elementary school in the Meridian area.
New growth creates a demand so new growth should pay for schools as much as we can.
We are confident that at least with this particular issue we can do that on a no
tax increase kind of proposal, likely at the same time we will ask for an extension
of our school plant facility fund that provides for equipment for our schools.
If a bond issue appears it would be to acquire one additional site over on the east
side not to build a school there but to at leastget a site before to many homes
developed. The total for a site and a school and a school equipped would be about
3.3 million dollars and we can get that down to about 2.9 with that money we have
in that reserve fund. As we plan for a possible election, you people are the leaders
in the community we need the support of people here in Meridian. The Trustees and
myself are looking for some advice and guidance in terms of how we should publicize
or how we should approach the general public in terms of a Bond issue for that school.
Kingsford: Certainly I would like to encourage the Council if they would like to say
anything now or if anything crossed their mind on that issue to certainly forward that
to the district. I consnend you on the idea of refunding those bonds. Are there any
comments or questions that the Council might have of Mr. Hallett?
Morrow: You've indicated that you expect the new growth to pay for the schools, what
MERIDIAN CITY COUNCIL • •
AUGUST 1, 1989
PAGE #2
avenue are you going to use to get to that?
Hallett: If you utilize a bond issue over a certain amount of time say 15 or 18 years,
that if you look at a bond issue contrast it will pay as you go. The contrast of that
is to take a 15, 17, or 18 year period of time, take a no tax increase which has to
be based on taking advantage of increased growth and market value to help you pay
back that bond, so the way you use that future growth is that growth results in a
increase in market value which you can take advantage of in your bond rate to pay
that bond amount back.
Morrow: Assume we do another eight years like we just been through where we had
basically no growth, then how does the bond issue pay off?
Hallett: That is an excellent question, and it would not. Based on'the last 5 to 10
years you can remain pretty confident that will work, unless you went absolutely
flat then it won't work. I think that is very unlikely to happen.
Morrow: The point I was making is essentially from about 1981 until just recently
at least in Treasure Valley we had a net outflow of people as opposed to an actual
gain accross Southern Idaho.
Hallett: For the School District that is probably an advantage, no growth, in terms of
people. Growth and market value is an advantage for us. So what we've had the last
few years we've probably benefited more from as a School. District financially than
if we'd had big growth.
Morrow: In terms of the State funding that we get, I know that there is an inequity
in terms of the gas taxes we pay and what we get back, is that the same inequity
exist in terms of the education dollar that goes to the State of Idaho.
Hallett: Definitely. We pay our fair share of taxes but we do not get our fair share
of public school funds.
Morrow: The average consumer in our district as opposed to Boise basically alot of people
that have personal property and pay personal property taxes and whole taxes and those
kinds of things don't have the luxary of passing on the tax increases from all these
Governmental districts in the product that they produce so they have to eat the increases
in taxes. It seems to that they have because of that situation they have a tendency
now days to consistently vote no almost any bond issue or any tax increase issue simply
from a stand point of survival on their own.
Hallett: I think the point is well taken, I think there are alot of people very concerned
about property tax and where it will hit. To deal with that we try to structure a no
tax increase proposal, we did get Legislative approval and we have it inacted into the
law that a provision that a portion of lottery funds go for school construction, we would
hope that we can tax some of that, nobody knows at this point how much that we will amount
to.
Morrow: What's the realities of realigning the districts boundaries so they reflect
more on the Meridian area?
Hallett: That's very difficult to do right now. The difficulty with that there has
been alot of talk about that, the previous bond issues that have been passed that bonded
indebtedness would stay with those property owners.
MERIDIAN CITY COUNCIL • •
AUGUST 1, 1989
PAGE #3
Morrow: What about users fees or users taxes?
Hallett: Right now you couldn't have a users fee for parents whos kids attend school
it would be unconstitutional to do that. There are some approachs that could get at
that. THERE WAS FURTHER COMMENT. (TAPE ON FILE).
Kingsford: Nick if you would maybe to clarify Walt's point maybe give an example of
the per pupil expenditure differential that we are talking about.
Hallett: In Idaho we average about $2800.00, our per pupil expenditure last year was
about $1880.00, Nationally the per pupil expenditure is $3900.00. We are the lowest
1$ of all school districts in the United States. THERE WAS FURTHER COMMENT (TAPE ON FILE)
Kingsford: Nick, I appreciate you coming and sharing that with us.
ITEM #3: PUBLIC HEARING: VARIANCE REQUEST BY CHRISTOPHER & LILLIAN TALLEY ON FENCE:
Kingsford: At this time I will open the Public Hearing, is there anyone who wishes to
testify on this issue? Would you come forward state your name and be sworn.
Chris Talley, 2567 N.W. 12th, was sworn by City Attorney.
Talley: Last week I received in the mail a note by the City Engineer Gary Smith with
two exceptions to the way I proposed my fence to be put up. Because of safety they suggested
that I bring my fence back 8' from the sidewalk on the south end, on the south face along
Darrah Drive. I would like to ask that I be permitted 4 or 5' from the sidewalk, standing
out on the street corner before a car would enter Darrah Drive you'd be able to see the
next intersection all the way down the street, so I don't think it would be a safety
hazard. The next note was on the north end where I wanted to put a variable height fence
in and the note suggested that the slope start at the existing fence and reach 3' heigth
7 to 8' from that point, my only question on that was how the proposed height and the
way I had it drawn in the drawing that I submitted did not meet City code.
Giesler: Is it in our Ordinance that the 3' is ok.
Talley: On the south side toward Darrah Drive if I'm not allowed the 5 feet, then I
would like to move the fence east an additional 5 feet foward the front of the house,
that's given if I have 8 feet from the sidewalk.
Giesler: You'd also want to move it that amount of feet farther forward at the left
sidewalk side also or are you going to angle it up to the home?
Talley: It would still come off perpendicular to the house.
Morrow: I'd like to hear Gary's comments.
City Engineer: My concern #1 was the sight distance but also there is a vacant lot on
the west side of the Talley's place and there is no indication right now as to what that
driveway configuration might be or where it might be. We had a similar situation in
the Sunnybrook Subdivision and we did have a driveway problem with a fence that was going
up so that's the reason I held the 8 feet as a criteria.
MERIDIAN CITY COUNCIL
AUGUST 1, 1989
PAGE #4
I don't know that I'd have a problem with moving that fence up another 5' towards
12th, is that what you said.
Talley: Yes.
Engineer: As long as the Chief doesn't have a problem with that.
Chief Gordon: I don't know that that would create a problem. However I do have a
problem with moving it out closer to the sidewalk.
Giesler: I feel that if we move that forward we still need to continue that angle.
Tolsma: So what we are doing then is tapering the fence from a 6 feet to a 3 foot height.
Giesler: That would pretty well make the lot behind him there to the west, that would
almost require the driveway to come out on the west side of that property line wouldn't
it?Is there anything we could put on that lot saying that that driveway would have to
be on that other side.
Kingsford: There would have to be a deed restriction, and it has already been recorded
so I don't think that you could specify at this point.
Morrow: The only thing you could do with that corner is put a slope on it like the slope
over at the other corner that would help some.
Kingsford: Is there any other comments from the Council? Which with regard to that
issue would be the best for sight, Gary?
Engineer: I would rather stay with the 8 feet.
THERE WAS FURTHER DISCUSSION (TAPE ON FILE)
Kingsford: Is there anyone else from the public who would like to offer testimony on
this issue, if there is not then I will close the Public Hearing.
Tolsma: If we were to draw up findings that the fence fronting Darrah Street will be
8' from the sidewalk but he will extend the fence 5' further east along the house with
the same corner cutback and on the north end the fence will run 6' high two foot beyond
the front corner of the house and then taper down to the three feet at a forty five degree
angle or a twenty five degree angle.
Giesler: If that driveway could be within 5 feet of that property line then I think
we should have an angle on that fence. On the southwest corner.
Tolsma made a motion and Morrow seconded it to have the City Attorney draw up the Findings
of Fact and Conclusions of Law with the forementioned recommendations.
Motion Carried: All Yea:
ITEM #4: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Mayor Kingsford: This is to inform you in writing, if you choose to, you have the right
to a pre-termination hearing at 7:30 P.M. August 1, 1989 before the Mayor and City Council,
to appear in person to be judged on facts and defend the claim made by the City that
MERIDIAN CITY COUNCIL • •
AUGUST 1, 1989
PAGE #5
your water/sewer/trash bill is delinquent. You may retain counsel. This service will
be discontinued August 9, 1989 unless paid in full. Is there anyone from the public
that would like to contest their water/sewer/trash bill? There was no response. They
are hereby informed that they may appeal or have the decision of the City reviewed by
the Fourth Judicial Court, pursuant to Idaho Code. Even though they appeal the water
will be shut off.
Tolsma made a Motion and Giesler seconded it to approve the turn off list.
Motion. Carried: All Yea:
Kingsford: The amount of delinquencies this month is $8,681.65.
ITEM #5: APPROVE THE BILLS:
Kingsford: Do I have a motion to approve the bills.
The Motion was made by Tolsma and seconded by Myers to approve the payment of the bills.
MOTION CARRIED: ALL YEA:
ITEM #6: AMENDED ORDINANCE #507: PARKING REGARDING GROSS VEHICLE WEIGHTS:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 3, TITLE 10 OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION OF LEGISLATIVE
LANGUAGE Ti0 SECTION 10-308 WHICH SECTION WAS HERETOFORE RESERVED AND WHICH LANGUAGE
ADOPTS A PARKING LIMITATION FOR COMMERCIAL AAID INDUSTRIAL VEHICLES IN EXCESS OF 30,000
POUNDS LICENSED GROSS VEHICLE WEIGHT; AND PROVIDING AN EFFECTIVE DATE. Is there anyone
from the public who would like Ordinance 507 read in its entirety?
The Motion was made by Giesler and seconded by Myers that the rules and provisions of
50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance Number 507 be passed and approved.
Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Tolsma to go into Executive Session at
this time for two items, one is pending litigation and the other is on personnel,
we stand adjourned for Executive Session at 8:35 P.M.
Kingsford: Meeting called back to order at 10:05 P.M. For the record the meeting with
regard to personnel was with regard to the Building Inspector. I would like to meet
with Paul first thing in the morning.
ITEM #7: DEPARTMENT REPORTS:
City Attorney: Grant and I talked about looking into readopting or rephrasing our Green
River Ordinance, and I need to look into that. The Chief of Police & I have discussed
some licensing laws that pertain to escort service, massage services and he wanted me
to look into adopting those. I wanted to get the Council's input on whether or not
that is something you want to look into. The thinking is that if we have .some kind
of licensing procedure then that will give Bill a better handle on attempting to find
out who is in and about town.
City Engineer: Dianne Jackson from Crestwood Estates #3 called me and was interested
in what kind of landscaping we wanted to see.
MERIDIAN CITY COUNCIL • •
AUGUST 1, 1989
PAGE #6
Kingsford: We have an Ordinance on fences not on landscaping so it doesn't matter what
they put there.
Crookston: If it doesn't go over the heigth of the fence.
Engineer: I will relay this information. No hedge type bushes.
City Engineer: In Crestwood #4 we have a sanitary sewer easement and I would suspect
that since it's an easement of record and its to the favor of the City of Meridian that
probably we should have Counsel approval to vacate it.
The Motion was made by Morrow and seconded by Myers to approve to vacate that portion
of the sanitary sewer easement.
Motion Carried: All Yea:
Engineer: I would like to hand out some information about pressurized irrigation that
I think we are on the edge of becoming involved in. I think it's something that needs
to be discussed.
Morrow: The main thing that seems to be a problem now days is where they have a private
pressurized irrigation system is the conversion during the months of October 1st to
the 15th of November and from the later part of March through the first of May when
there is no water available. For not much they can take these sprinkler systems that
are pressurized and adapt them to the City water with no backflow devices, no nothing
so we are running a major problem with the way the pressurized systems are done.
THERE WAS FURTHER DISCUSSION ON PRESSURIZED IRRIGATION (TAPE ON FILE)
Police Chief: There was a fatal at Eagle & Fairview today.
Tolsma: It was a triple fatal.
Morrow: The Mobile Home Ordinance we have now was done in June 1971. Basically the
mobile home parks with the exception of Cherry Lane & Elm Grove all should fall under
these guide lines which say on the side yards 7Z feet to each side or 15 feet in between
staggarded end to end 12 feet or 6' between the coach and the property pin. The other
two courts apparently preceed the Ordinance, one that we have in question thats 2' apart.
How do we want to deal with it.
Kingsford: Why don't you visit with Skip or Kenny about this some more.
Tolsma: Received a plaque from American Legion Baseball thanking Meridian for supporting
baseball. I got a slip hung on my door about painting curbs, I just wanted to know
if that is somebody locally or what?
Kingsford: That is what we were talking about earlier when we brought up the Green
River Ordinance.
The Motion was made by Myers and seconded by Tolsma to have the City Attorney do an
Ordinance to annex Michels & Michels.
Being no further business to come .before the Council the Motion was made by Myers and
seconded by Gieslerto adjourn at 10:30 P.M.:
Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS)
MERIDIAN CITY COUNCIL •
AUGUST 1, 1989
PAGE #7
•
APPROVED:
ATTEST:
PC: Mayor & Council
P & Z Cortanission
Atty, Eng., Police, Fire,
Stuart, Ward, Gass,
Stutzman, Hallett, ACHD,
NIMD, CDH, ACC, Valley News,
Stateman, SID
Mail (2)
File (2)
T P. KINGS 'R ,
•f • •
DELINQUENCY LIST
TURN OFF scheduled AUf,UST 9,1989
ACCOUNT # ~ NAME& ADDRESS ~~~1M~1NT"PAST pUE
6 JOHN R. BEAUDOIN 75,09
713 MERIDIAN STREET
116 MARK S, HALVERSON 54,60
720 W. 8TH STREET
344 RAY GILBERT pROPfRTIES 20.40
607 W. BROADWAY
420 RUTH: CROW 48.40
110 W, RAILROAD AVE,
878 AMERICAN OAK INVESTMENTS 243,05
5235290533 FI. IDAHO AWE
881 AMERICAN OAK INVESTMENTS 127.70
511-515-521 W, IDAHO AVE
948 DALICE pLUMBTNG 37.10
921 W, 2ND ST
3274 JOE E, RANDALL 151,80
801-803.821823 W, 7TH. ST
3312 SANDY t9YERS 60.29
519 WEST PINE AVE
3320 ROSALIE WILLIAMS 2P. 05
433 W. PINE AVE
3436 WALLACE NEWTON 35.00
1523 WEST 1ST ST
3442 CAROL CAHILL 73,30
1435 W; 1ST ST
3576 LARRY' A CORNWALL 70,10
231 CAMELLIA AVE.
3596 MICHELLE WHITMORE 44.10
315 W. CHERRY AVE,
3598 DENNIS GOLIGHTL,Y 54.00
313 CHERRY AVE,
3652 LISA L, COX 40.30
1230 W. 4TH.
3686 LARRY K, MEEK 73,00
1432 W. 4TH ST
5338 EMMETT BRIDGE 18.55
103 W. WASHINGTON AVE
• • page 2
ACCOUNT # NAME & ADDRESS AMOUNT PAST DUE
5568 TOMMY VINCENT 83.30
1329 W. 13TH AVE.
5682 EMORY WEST 78.80
1539 W. 15TH ST
5696 DANIEL J. HARDEE 50.20
1528 CINDER RD.
5698 GEORGE EARLY 66.60
1536 N. CINDER
5712 BARRY D. MITCHELL 120.60
1527 NORTHGATE AVE
5766 DAVID R. HEMRY 30.35
1515 ELM PLACE
5818 RANDALL WRIGHT 74.35
1426 W. WASHINGTON ST.
5826 DWAYNE MORRISON 58.00
1121 W. 15TH AVE.
5848 MONA NIMMO 61.70
1327 W. CARLTON ST.
5906 TOM KRASOWSKI 59.40
1017 WEST 12TH
6524 CHARLES A HUSKINS 43.80
1114 W. 12TH AVE
6592 FREDRICK J. SHADDICK 72.50
1002 W. WASHINGTON DR.
7316 LEE WILSON 62.10
819 W. CARLTON
22112 PHYLLIS TREASURE 59.00
3950 SUGAR CREEK DR.
22332 INTERWEST HOMES INC. 27.80
2129 TURNBERRY CIRCLE
30826 DOUGLAS HENDERSON 90.50
2085 KRISTEN WAY
30830 KENDRICK WALLACE 65.70
2140 TODD WAY
30888 ROYAL ASHBY 89.30
2053 KRISTEN WAY
30944 RANDY RODES 42.85
2582 JEFFERY CT.
• . page 3
ACCOUNT # NAME & ADDRESS AMOl1NT PAST DUE
30958 CHARLES SALISBURY 96.70
2637 REBECCA WAY
30970 DANIEL WILMOT 128.60
1879 TODD WAY
30990 CLINTON BARNHART 82.10
2580 MISTY DR.
30992 DARRELL CALHOUN 170.60
2586 MISTY DR.
31090 CLIFFORD WELLS 98.80
1830 W. CHATEAU DR.
31106 JEFF R. BURROUGHS 73.50
1861 TRACY CT,
32342 MICHAEL SCHAEFFER 118.30
1933 SANDALWOOD DR.
32356 LOWELL HORNER 57.40
1927 CAIRNS WAY
32466 DEBRA R. RAM60 58.20
1994 SANDALWOOD DR.
32498 AMY RAPP 69.70
1861 TANA COURT
32520 ALPHA DENNY 75.10
1841 W, CHATEAU DR.
35364 ROGER OLDS 22.50
1411 DARRAH DR.
37220 SHAYNE UPSHAW 1.18.20
1310 DARRAH DR.
37224 LEEON MARTINEAU 90.25
1332 DARRAH DR.
37244 HOA LE 62.25
1494 DARRAH. DR.
37302 STANLEY DYKE 80,90
1462 CLATRE ST,
38360 GERALD COATNEY 70,00
2006 N.W. 12TH ST.
38400 MICHAEL LOSH 82,90
1522 KTNGSW000 AVE.
38412 MARVTN CLURE 71:70
1433 TANA DR.
page 4
• •
ACCOUNT # NAME & ADDRESS AMOUNT PAST DUE
38470 ALBERT W. BERNER 72.70
2124 N.W. 12TH
38518 M."FRANK JAKOMEIT 77.60
1338 W. CHATEAU AVE.
38530 DENNIS NICK 27.10
1512 W. CHATEAU AVE.
38576 JOHN CRESPIN 80.10
2218 N.W. 14TH ST.
38622 PHYLLIS ALLEN 37.90
1012 W. CHATEAU DR.
38630 KEN HULSIZER 65.75
1080 W, CHATEAU DR.
38632 BRET J. SALLEE 36.60
1086 W. CHATEAU DR.
38638 ARTHUR HARP 94.90
2323 N.W. 11TH AVE.
38766 JUDITH CRYER 65.80
811 DELMAR DR.
38824 PHILIP R. CARROLL 97.00
1080 DELMAR DR,
38832 LYNN BASURA 43.50
2252 N.W. 11TH AVE.
38836 MARY H. ULIN 76,20
1111 FAIRWOOD CT,
38838 DAVID HOWELLS 33.55
1091 FATRWOOD CT,
38844 JAMES W, SCHONDEL 76.80
1053 FAIRWOOD CT.
38894 LORI BABBIT 71.40
2051 N, W. 8TH ST.
40148 JANET RENFRO 52.40
501 LONGFORD DR,
45876 TEL-CAR INC. 187.15
220 E. FATRVIEW
48734 STEPHEN BUFFATT 78.60
2092 N.E. 10TH AVE,
48818 CALVIN L. BISHOP 81.30
923 E. WILLOWBROOK DR.
• • page 5
ACCOUNT # NAME & ADDRESS AMOUNT PRST DUE
48828 KEVIN SEELEY 49.75
1055 E. WILLOWBROOK DR.
52878 DEAN G, LINSENMANN 83.75
12T0 EAST 2 1/2 ST,
53682 PAUL K. KEENE 108.50
1123 E. 1ST
53752 RAYMOND C. MORGAN 70.90
1310 E. 1ST ST,
56340 MONIKA LITTLE 46.:.65
412 E, BROADWAY
56440 DOO~DARS SALOON 358.60
127 E. IDAHO AVE.
56444 MURRI'S ELECTRONICS 111,30
131 E. IDAHO AVE.
56466 CYNTHIA CLYNE 65.20
325 EAST IDAHO AVE.
56712 ADAMS REED 66.30
516 E,IDAHO AVE,
56776 MERIDIAN MOWER 47.40
804 E. 1ST
56858 JAMES SWEET 57.20
515 E. PINE
58672 RUTH CROW 47.80
313 E. STATE AVE
58696 ALVIN GARRETT 71,70
934 EAST 5TH ST
59470 MIKE CLAUNCH 60.20
338 E. STATE #2
59472 MIKE CLAUNCH 52.70
338 E, STATE #1
59488 JAMES HOWELL 115.70
234-236 E. STATE
59542 STEVEN NESMITH 37,10
47 E, BOWER
60268 CHEF FISHER GOURMET FOODS 1,155,60
331 EAST 1ST
60350 EDITH CROCKETT 35,10
122 EAST ADA AVE.
page 6
ACCOUNT # NAME & ADDRESS AMOUNT PAST DUE
60#30 DAVID ROBERTS~ 49.05
133 E. KING
92120 IRA GUNN 65.70
211 S.W. 7TH
92130 ALLEN H. GIACOMINI 47.10
313 S.W. 7TH AVE,
g214g DALE HACKING 74.30
781 PENNWOOD
92804 GARY EASTBURN 72.70
765 HANOVER CT.
93467 HENKLES ff MCCOY 113.00
613 W. FRANKLIN
95080 MRS, TERESA KINNE 61.90
1124 CRESTWOOD DR.
96910 THOMAS H, BRANDY 51,80
411 S. MERIDIAN ST.
96920 SHELLIE A. ALLEN 37.10
403 MERIDIAN ST.
103 Total 8,681.65
Meridian, Idaho
August 1, 1989
The City Council of the City of Meridian, Ada County,
Idaho, pursuant to due notice, met in regular public session on
August 1, 1989, at 7:30 p.m., at its regular meeting place at the
City Hall, 33 East Idaho Street, Meridian, Idaho.
The meeting was called to order by the Mayor and the roll
was called with the following City officials being present,
constituting a quorum of the City Council:
Grant P. Kingsford
Ron Tolsma
Bert Myers.
Robert Giesler_
Walt Morrow
Mayor
Council President
Councilman
Councilman
Councilman
There were also present:
Jack Niemann
Wayne Crookston
City Clerk
City Attorney
After the meeting had been duly called to order and the
minutes of the preceding meeting read and approved, the following
resolution was thereupon introduced in written form
by and was considered in full by the council,
after which pursuant to a motion made by
and seconded by
the resolution was adopted by
the following vote:
- .
Aye: Ron Tolsma
Bert Myers
Robert Giesler
Walt Morrow
Nay: None.
The resolution was thereupon signed by the Mayor in
.evidence of his approval, was attested by the City Clerk, was
recorded in the official records of the City,-and is as follows:
RESOLUTION NUMBER-126
A RESOLUTION APPROVING THE ISSUANCE BY THE ECONOMIC
DEVELOPMENT CORPORATION OF THE CITY OF MERiDIAN,.IDAHO,
OF $1,250,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS
(NEWBERRY ENTERPRISES PROJECT) FOR THE PURPOSE OF
FIidANCING CERTAIN INDUSTRIAL-DEVELOPMENT FACILITIES FOR
NEWBERRY ENTERPRISES, APPROVING AGREII~'lENTS TO ISSUE SUCH
BONDS, AND PROVIDING PLANNING JURISDICTION APPROVAL OF
THE INDUSTRIAL DEVELOPMENT FACILITIES BEING FINANCED BY
THE BONDS.
WHEREAS, Newberry Enterprises, an Idaho general
partnership (the "Company"), has requested The Economic
Development Corporation of the City of Meridian, Idaho (the
"Issuer"), to issue industrial development revenue bonds in the
principal amount of $1,250,000 pursuant to Title 50, Chapter 27,
Idaho Code as amended (the "Act"), and to loan the proceeds of
such issue to the Company to finance the acquisition, construction
and equipping of certain industrial development facilities; and
WHEREAS, the issuer has heretofore adopted and delivered
to the City Council Resolution Number 10, authorizing the
-2-
issuance and sale by the Issuer of its Industrial Development
Revenue Bonds (Newberry Enterprises Project), Series 1989, in the
aggregate principal amount of ;1,250,000 (the "Bonds"), the
execution and delivery of documents and instruments in connection
therewith and related matters (the "Issuer Bond Resolution"); and
WHEREAS, the Issuer Bond Resolution provides for the
execution by the issuer of a "Loan Agreement," an "Indenture," a
"Bond Purchase Agreement," a "Preliminary Official Statement," a
final "Official Statement" and the acceptance of an "Inducement
Letter" (all defined in the Issuer Bond Resolution) pursuant to
_which the Issuer proposes to issue_the Bonds and loan the proceeds
thereof to the Company to finance the Company's acquisition,
construction and equipping of a "Project" (defined in the Loan
Agreement); and
WHEREAS, pursuant to the Act the Issuer is authorized to
issue the Bonds only upon certain approvals of the municipality
under the auspices of which it was created; and
WHEREAS, on July 18, 1989, the City Council conducted a
public hearing (the "Hearing") for the purpose of providing a
reasonable opportunity for interested individuals to express their
views, both orally and in writing, on the proposed issuance of the
Bonds and the location and nature of the Project; and
WHEREAS, the proposed Project. lies within the planning
jurisdiction (within the meaning of Section 50-2106 of the Act) of
the City of Meridian, Idaho, and of no other city of county;
-3-
NOW, THEREFORE, Be it Resolved by the Mayor and Council
of the City of Meridian, Idaho, as follows:
Section i. The Mayor and the City Council hereby find
and determine that notice of the Hearing was duly published on
June 28, 1989 in the Valley News, a newspaper of general
circulation in the City of Meridian, Idaho, said date being at
least 14 days prior to the Hearing, that said notice invited
members of the public to express their views with respect. to the
proposed issuance of the Bonds to finance the Project, that said
public hearing was duly held, that all members of the public who
sought to express views with respect to the proposed issuance of
the Bonds to finance the Project were afforded the full
opportunity to do so, and that the Hearinq provided a reasonable
opportunity for interested individuals to express their views,
both orally and in writing, on the proposed issuance of the Bonds
and the location and nature of the Project.
Section 2. The Mayor and the City Council hereby approve
the issuance of the Bonds by the Issuer for the purpose of
financing the Project. This approval shall constitute
(i) approval by the "applicable elected representative" of the
Issuer for purposes of Section 147(f) of the Internal Revenue Code
of 1986, as amended, and (ii) approval of the Bonds for purposes
of Section 50-2706 of the Act.
Section 3. The Mayor and the City Council hereby
determine that the Issuer Bond Resolution is the resolution of the
Issuer providing for the issuance of the Bonds and hereby approve
-4-
the Issuer Bond Resolution for purposes of Section 50-2710(6) of
the Act.
Section 4. The Mayor and the City Council hereby approve
the Loan Agreement, the Indenture, the Bond Purchase Agreement,
the Inducement Letter and the Preliminary Official Statement in
the forms attached to the Issuer Bond Resolution. This
constitutes approval of any agreement of the Issuer to issue the
Bonds for purposes of Section 50-2710(6) of the Act.
Section 5. For purposes of Section 50-2706 of the Act,
this Resolution also constitutes approval of the Bonds by the city
within whose planning jurisdiction the Project lies.
Section 6. All resolutions or parts thereof in conflict
herewith are to the extent of such conflict hereby fepealed.
Section 7. This resolution shall take effect and be in
full force immediately.
Adopted and approved Auqust 1, 1989.
[SEAL)
Attest:
Jack Niemann
City Clerk
City of Meridian,
Ada County, Idaho
Grant P. Kingsford, Mayor
City of Meridian,
Ada County, Idaho
-5-
:~
(Other business not pertinent to the above appears in the
minutes of the meeting.)
Upon the conclusion of all business and upon motion duly
made and carried, the meeting of the City Council was adjourned.
By
Grant P. Kingsford, Mayor
City of Meridian,
Ada County, Idaho
Attest:
By
Jack Niemann
City Clerk = _ -
City of Meridian,
Ada County, Idaho - - _ _
[SEAL]
-6-
STATE OF IDAHO )
COUNTY OF ADA )
I, Jack Niemann, do hereby certify that I am the duly
qualified and acting City Clerk of the City of Meridian, Idaho.
i further certify that the above and foregoing
constitutes a true and correct copy of extracts of the minutes of
a regular public meeting of the City Council of said City held on
August i, 1989, as said minutes are officially of record in my
possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and impressed hereon the seal of said City
this_lst day of August, 1989. - _
By
Jack Niemann
City Clerk
City of Meridian,
Ada County, Idaho
(SEAL]
BAF+258
-7-
' ;'
I!
0: ~'~
Pro j ..r/Y~p.CI'~'~7~-•-_....-
Da t e~.:~ . .1--. By.. ~ -=----..
- .i - _ -- - __. _ ..
r'. p~Z~„~2~,t~.lia,~ r.( _~M~t c~al~th. .ZGQt~ q .TGfi-~u. C t. /rN~l1 n~DK-
;,, .. ~"
I
- T -
G
_ ~' ~_-~~¢~~Q~p.~_~Q,O~l.g.,'t- yJ~(,(--~cL.~.L[CL2Lr .~ (~dt[,. -
- -- ~ ~~ o~
i
.6.e~,,~ - ~ ~`' n~v .~`i rd a,¢~' J 2 y~taita- . ---
- ------J ~_- - -~------- -
'~
---
---- - ~~z~~' ------- ~ -
~~/ _ _n L i • 1L
'~ ~~..
_~--~~~ -
~ ~ ° %/!yl'/l~d. ~ Q/`tl.~ l/Y1lLAi /Lit_P.fiL INLt GGCTZOK.- ~tiLCQ/.~p'k-
i
-- -- t
_ _ _
-__ _
-- _ _ -
__LU_ ~~~n__~~?2 ~fi ~~! ~~rc~~ l~i~~L~~r-
~~r ~~ea- ~ aw~oyG.~,~ru~.f uic~, yV1,G~--
~_-
,Pion. iuc r~itsc~ - /SPA-Gn~~-
• ~ 1~t.~
-- -- -a-{~o-~.
~ ar-.t ~ ~ ~ .
-- _----- ~~--~--
--
--__ - -~ t_ __ -- - -- -- -- -
Proj.---••--------q•-----_.........._..~
Date. ~:/-~L..By---!~._-.-
Sheet.... ~.-.....Of .................
/7,Q/LtG~Prk,'~t~x
° j ~iuz _ ~1oc c,R.P,~.•li~j~~~ a ~vv~. ~yrr,~.r,~;f"
,,tai ~25a• f' '~ 00 ~-vx-f ~~'" ~ _ ~70r>.,~ 80~, "
~-~ ~-
~ I ~ Ct 7~DY
-
-- _ -_
---- - __
__---
__(~ L~rn-fit, _~ .~.r.>zc_ ~ l~'' o-Z~r~,< _ n~,~.~-~ ~ e
s //1 .., L - _ - ... ~ . ate, _ _ . .
/ 2"y ',~
a - dk.2
.J .r ,- ~, •, .
a~
J
J 11 ~~
I • . ~
Pao lrri a ~ir~,
Date. ~~~~.....By.l.~'!-.~-......
Sheet.. °~.........Of-•--•--..........
_, ~ ~
,~__~
,_
it - - - - .
~ - --
__-- --- - -- - ~~ • - -_~ _ ~~~_~- _ ~ _ y_-- _ _ -- - --- _----
- ------
-----1 +--"_--__ -----~-------_-- '-_----- -- --
-~ ~- -
--- ~ ~0~~_~u _ a _r~. ~lc~.~._ _.
/11f " ~G ~-G~c.~ ~ G~0 1 ~~3.-
--- I ~~Q ~ ---~
-
--- -
--
-- -- ----- --
Proj.--• .............. ...........
Date-~~~gy~-_ ,-
Sh ee t.... g-.......Of .............•--
__ -
. __ ~y.,¢,_ 7.x,1 d 'y~.c.ea~ ~ ~'- l~,,~t ~~ ~~
{ ~ ~ ~ _ _ ~ ~,'~.~~ mod.
--_ - --a. ~ • _ _ -
- -- - -- - - ~~,80-~ bpd - --
3 ~ ~_ -
i
- ~
i
~ --_
r
~i
__- L---°