HomeMy WebLinkAbout1997 06-17• •
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JUNE 17, 1997 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELD MAY 27,1997:
(APPROVED)
MINUTES OF SPECIAL MEETING HELD JUNE 3, 1997:
(APPROVED)
MINUTES OF PREVIOUS MEETING HELD JUNE 3, 1997:
(APPROVED)
1. TABLED JUNE 3, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS (TABLED UNTIL
JULY 1, 1987)
2. TABLED JUNE 3, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY ONE ACRE TO R-15 BY LARRY & KAY HANSEN:
(TABLED UNTIL JULY 1, 1997)
3. TABLED JUNE 3, 1997: PRELIMINARY PLAT FOR PACKARD SUBDIVtSION
NO. 2 BY PNE/EDMONDS CONSTRUCTION (TABLED UNTIL JULY 1,1897)
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST BY WINNIE ARD: (APPROVE FINDINGS; APPROVE ~/ARIANCE)
5. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR REDUCTION OF
FRONT AND SIDE STREET SETBACK BY A'a LLC: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
6. CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY
STEVE LYONS AND STEVEN BAINBRIDGE: (CITY ATTORNEY TO
PREPARE NEW FINDINGS OF FAGT AND CONCLUSIONS OF LAW)
7. CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST
BAKERI( ~ ESPRESSO - 815 E. 1 St STREET: (APPROVE FINDINGS;
APPROVE DECISION - WITH AMENDMENTS)
8. REQUEST FOR A BEER LICEIdSE FOR THE CIGARETTE STORE BY BOB
CUNNINGHAM: (APPROVED)
9. REQUEST FOR HOOK UP TO CITY SEWER FOR 1695 S. LOCUST GR4VE
BY AUSTIN PROPERTY MANAGEMENT: (APPROVE WiTH DOUBLE FEES)
10. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGlNEER:
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1. EXTENSION OF SEWER CLEANING & CAMERA CONTRACT:
(APPROVED)
2. CESCO STOP ORDER ON CONSTRUCTION: (REMOVE
STOP QRDER WITH CONDITIONS)
B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR:
1. DAVID RUNDLE: IRRIGATIOId PROBLEM - MERIDIAN ROAD:
2. LARRY PET~RSON, VWVfP, MIKE KING ANNEXATION PRQCESS:
C. WILL BERG, CITY CLERK:
1. UPDATE ON ICRMP REVIEW OF JOINT AGREEMENTS WITH
SCHOOL DISTRICT: (DISCUSS ON JULY 1, 1997)
D. CHARLIE ROUNTREE, ClTY COUNCILMAN:
1. PARKS & RECREATION COMMISSION DIRECTOR:
2. SOFTBALL FIELD: (APPROVED)
E. GLENN BENTLEY, ClTY COUNCILMAN:
1. APPOINTMENT OF DAVID MOE TO PARKS AND RECREATION
COMMISSION: (APPROVED)
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MERIDIAN CITY COUNCIL JUNE 17, 1997
The regular meeting of the Meridian City Council was called to order by President Walt
Morrow at 7:30 P.M.:
MEMBERS PRESENT: Glenn Bentley, Charlie Rountree, Ron Tolsma:
MEMBERS ABSENT: Mayor Corrie:
OTHERS PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Chief Bill
Gordon, Tammy DeWeerd, Roger Smith, Trisha Griffin, Bob Daugherty, Dan Thomas,
Joe Numbers, Steve Bainbridge, Carolyn Jansen, Bob Cunningham, David Moe, Helen
Sharp, Robert Gruber, Dale Sharp, Dixie Lee Roberts, David & April Rundle:
MINUTES OF SPECIAL MEETING HELD MAY 27, 1997:
Morrow. Are there any corrections to those minutes?
Tolsma: I move they be approved.
Rountree: Second
Morrow. It has been moved and seconded to approve the minutes as written, all those
in favor? Opposed?
MOTION CARRIED: All Yea
MINUTES OF SPECIAL MEETING HELD JUNE 3, 1997:
Morrow. Any corrections or additions to those minutes?
Tolsma: I move they be approved.
Rountree: Second
Morrow: It has been moved to approve, moved and seconded to approve the minutes of
the specia! meeting held June 3, 1997, all those in favor? Opposed? ~
MOTION CARRIED: All Yea
MINUTES OF PREVIOUS MEETING HELD JUNE 3, 1997:
Morrow: Are there any additions or corrections to those minutes? There being none is
there a motion to approve as written?
Tolsma: So moved
Meridian City Council • •
June 17, 1997
Page 2
Rountree: Second
Morrow. It has been moved and seconded to approve the minutes as written, all those
in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. With the Council's permission I would like to ask Tammy DeWeerd to make a
brief presentation on March for Parks if that is okay with you guys. It is not an agenda
item it was supposed to have been. If we could press ahead with that I vvould appreciate
it.
DeWeerd: Well I have given you a summary of the March for Parks sponsors. Those
that we have received, we still have two outstanding checks that we are waiting to
receive. So those are noted on their. One is from the Police Activities League, they paid
for the printing. So they are going to give the remaining of their donations to us by
check. Also the other one was insurance benefits Inc. On the second page is a
breakdown, cash donations, we had $5330, in kind donations $3514 for a subtotal of
$8844. Pledges and donations are $3901 the actual that w~e did receive was #3956
because some of that was items that were purchased that like the pop and stuff that
was left over. The hot dogs we donated to the Idaho Food bank and so we made extra
contributions there. We had expenses that is also attached to the packet that I gave
you. I broke those down and that was $1890 on this I have $1850. So for a total of
$10,895. The actual after expenses then for cash donations was $2958 and pledges
and donations $3956 for a total of $6914. Now we based on our general fund which is
the money that v~ received from the sponsors. We took the percentages of where the
donations and pledges came from. So we thpught that was a fair viewing on where the
priorities were for this March for Parks. So 76% v~nent to parks, 8% went to recreational
programs and 16% for the stadium fund. Now we did round that up, 16% of the total
was $1118 and we did round that up to $1200 and we do hope to present that to the
Meridian High School Boosters in the near future. We did have 32 prize winners from
our raffles. Also the prizes and awards for our top fund raisers are also there before
you. Any questions?
Rountree: Just a comment, thank Tammy and all of the supporters for the March for
Parks. It was very successful and a lot of fun. I really enjoyed it.
DeWeerd: Yes it was, and the commission met last night and w~e are spending some of
it on improving the soft ball field at Storey Park so we have that put in place where we
should see the improvements done by Fall.
Morrow: Very good, on behalf of the citizens of Meridian thank you very much for
heading that effort up (inaudible) was a great success and lets move on to bigger and
better things next year.
Meridian City Council • •
June 17, 1997
Page 3
ITEM #1: TA4LED JUNE 3, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 to R-15 BY L4RIN SAUNDERS:
Morrow. You have in your packets a letter from Mr. Saunders requesting a table until
the July 18t meeting, is there a discussion or motion to table to the July 1~ meeting?
Rountree: Mr. Presiderrt I would move that item 1 on our agenda be tabled until our
regularly scheduled meeting July 1~ and item 2 as well because it is connected to the
resolve of item #1.
Tolsma: Second
Morrow: Moved and seconded to table Item #1 the request for the rezone of
approximately 9.42 acres from R-4 to R-15 by Lorin Saunders and Item #2 the request
for annexation and zoning of approximately 1 acre to R-15 by Larry and Kay Hanson, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED JUNE 3, 1997: PRELIMINARY PLAT FOR PACKARD
SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
Morrow: Some guidance here Counselor, the public hearings are all completed in terms
of this process. What the Council has been waiting for is a resolution of conflict
between staff and the developer's representative with respeet to a written response to
questions that the staff has raised. The proper procedure here w~ould be my question is
the proper procedure now is do we simply ask Staff if that resolution has taken place
and we press on or do we have a presentation by Mr. Tealey in terms of those
responses and stand for question. If so is there an opportunity for neighbors or
members of the public to ask questions concerning that?
Crookston: t believe that the proper procedure would be for you and the Council to ask
the staff if they have received their responses. If they have then I would move to the
point of asking Mr. Tealey if he has any comments. If they have not received those then
it is up to the Council as to whether or not they want to proceed further at this time or
whether they want to table it until staff receives their responses.
Morrow. Thank ypu
Tolsma: Mr. President, being as how we just received these things today and I haven't
had a chance to look at them and I know the other councilmen haven't had a chance to
look at them I am in favor of leaving it lay until the next scheduted meeting. They should
have been in here iast Thursday so we would have a chance to Iook at this thing. That
Meridian City Councit • •
June 17, 1997
Page 4
means we have not had a chance to review it, we (inaudibie) to make the decision or
are we going to make the decision ourseives?
Morrow. 1t is a fair question, comments Mr. Rountree?
Rountree: We did receive the information from Mr. Tealy related to the response of the
comments earlier. i guess I wouid have a question for staff if thqse resolve that
particular part of the issue. The other component of this is that we wanted to see a
preliminary plat that reflected the conditions of the findings of fact and conclusions and
the tw~o Councilman on either side have received that but I haven't. For some reason it
wasn't in my box this evening. I might have left it sitting in there somewhere too, but I
don't have it.
Morrow. Mr. Rountree's first question was have you received in writing the response to
the comments requested as you had asked some time ago. And it was Mr. Tealey's
belief if inemory serves me that he had submitted answers to those some time ago also.
Stiles: I have reaeived their revised comments, stiH have been able to find the original
comments in the file. However I would like to note that the previous version was
marked draft was not signed and did not address the items that I talked about. The
latest letter dated May 27, 1997 although they are responses I am not satisfied with
those responses and I think Council needs to review those responses carefully and look
at the revised plat. Because we did just get that plat in your boxes yesterday. We do
have a technical problem with this project as well. The annexation ordinance that was
passed only included one of the lots that were split off. For some reason it does not
incfude the entire parcel or two parcels for, that were propose to be annexed. So v-re do
need to have an amended ordinance on the entire property prior to acting on this. I am
still pretty concerned about the accesses and the Wingate lane situation. I think before
we are able to prepare adequate development agreements for this I w~ould like a little
more detail on how that is v~rking out. Also they have that shown on a preliminary plat
exactly where those fences are going to be.
Morrow: Does that ansv~aer your question?
Rountree: I had a question about the annexation ordinance, was that a result of the
inadequate property description or do you knov~?
Stiles: I believe what happened is it has been so long since the original description was
provided and then some additional legal descriptions w~ere provided or warranty deeds
when the parcels that had been split off they gave new notarized consents and had
legal descriptions with them. Well I think that was taken and put in the annexation
ordinance inadvertently. Bruce Freckleton didn't get a chance to revi~w that until today.
The actual ordinance that was prepared.
Meridian City Council ~ •
June 17, 1997
Page 5
Morrow: Any further questions? Mr. Crookston then is Ms. Stiles point coRect that the
annexation ordinance being flav~d action could not proceed on the preliminary plat this
evening anyway?
Crookston: That is correct, if the preliminary plat includes any land that has not annexed
excuse me any land that ~nrould not be annexed because it was not included in the
annexation ordinance. I draw the ordinances and the descriptions were taken from the
descriptions that 1 had.
Morrow. Thank you, your pleasure Council?
Rountree: Well I would have a questions for Mr. Tealy related to the ordinance. Does
that encompass the preliminary plat that we just received or is that less than.
Tea(ey: We supplied adequate descriptions to the City for the annexation. Whether
inadvertently they w~ere left portions of it were left out I don't know I haven't seen that
ordinance I have no idea what they used for a description. The descriptions we
supplied were adequate.
Rountree: Well my opinion we don't have enough information to act on this this evening.
I guess what I would like to see done is that staff, council, and Mr. Tealey get together
and resolve these issues once and for all so we don't continue to keep coming back at
this and maybe he feels that he has done that.
Tealey: Can I make just one comment?
Rountree: If you let me get through here. Which will be real quick. It seems to me
coming back and forth on these issues is not productive for anyone. If w~e can't reach an
agreement and get a subdivision tMat we feel comfortable putting together a
development agreement on then possibly as Mr. Tolsma indicated v~re make a decision
to put an end to thi5 or get it moving forward. Coming back and forth like this in my
opinion is not productive for the neighbors, the developer or us. I w~ould move to table
to our next regularly scheduled meeting July 1~ with a meeting that is arbitrated if it has
to be to get these issues resolved. So w~e get answers, the developer knows what the
questions are with the City and the Ci#y what the answers and they are provided so v~e
can have sufficient information from which to make a decision.
Morrow. Let me ask you this, do you wish at this time to, it seems to me in order to do
that we set up or have one of the staff set up a meeting and have some mandatory
attendance by members of our staff with some instructions from us to be prepared to
come to resolution. Meaning bring all of their ir~formation and be prepared to act on that
day certain and that meeting and Mr. Tealey (inaudible) and the folk that he represents
or has in terms of the information that he has be at that same meeting. So (inaudible)
did you wish to put that in the form of a motion?
Meridian City Council • •
June 17, 1997
Page 6
Rountree: Certainly, I a sense you stated so I won't restate it so I will move that.
Tolsma: Second
Morrow. It has been moved and seconded to table the preliminary plat for Packard
Subdivision No. 2 by PNEIEdmonds Construction for the final time to July 1. In the
interim there be a mandatory meeting set between members of our staff representative
from PNE/Edmonds to iron out the technical issues and for each to come to the meeting
prepared with the information that has been missing or to resolve the confli~t over what
is missing and what isn't missing, all those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. Mr. Tealey. Ms. Stiles wilt notify you of the date and the time of that meeting,
please be prepared with anything that you need to resolve the final issues. In the interim
Mr. Crookston, for our next meeting you will have prepared a corrected annexation
ordinance so that we can correct flaw and proceed forward.
Crookston: As soon as I get the legal description for the corrected
(Inaudible)
Morrow. It will be up to Mr. Tealey to review and respond to the City and if the prob4em
is within the City then we witl find out where it is and resolve it from within the city.
Tealey: The motion is exactly what 1 was going to ask for, the only communication we
get between the staff and ourselves is at these meetings and we just can't come
together on it because we don't know what the questions are going to be. Thank you for
mandating the meeting.
(Inaudible)
Morrow. Wet! t think you can certainly be there to observe, it is not a meeting where
there is testimony taken. It is a technical meeting in terms of ironing out the issues such
as legal descriptions and those types of things. Then at our next meeting we wi{I bring it
off the table and then deal with that as a Mayor and a Council at that time.
(Inaudible)
Morrow. It will be a meeting that you cannot participate in but you can observe because
it is not a publicly noticed meeting.
ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST BY WINNIE ARD:
Meridian City Council ~ ~
June 17, 1997
Page 7
Tolsma: Mr. President, I would move that we accept the findings of fact and conclusions
of law as prepared for the variance request for Winnie Ard.
Rountree: Second
Morrow It has been moved and seconded to accept the findings of fa~t as prepared for
us for the variance requested by Winnie Ard, roll call vote.
ROLL CALL VOTE: Bentley - Yea, Rountree - Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow. Is there a motion for the decision?
Tolsma: Mr. President upon motion dully made and seconded the application of Winnie
Ard for a variance from 11-2-411 D1 to have a 1368 square foot home rather than a
required 1400 square feet is hereby approved by the Council.
Rountree: Second
Morrow. It has been moved and seconded to approve the application for Winnie Ard for
the variance from 11-2-411 D1 to have a 1368 square foot home rather than the required
1400 square foot home, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR REDUCTION OF
THE FRONT AND SIDE STREET SETBACK BY A'a LLC:
Roger Smith, 870 N. Linder Road Suite B, Meridian, was sworn by the City Attorney.
Smith: Good Evening Council members, I would just like to summarize what our
request is and what it is based upon. We recently went through the conditional use
process to annex and rezone the parcel at the comer of Franklin and Eagle Road. It is
on the southwest corner to Limited Office. The setbacks for that zone are 30 feet on the
front setback and 25 feet on the side street setback. Because of some, because of a
variety of changes and ironing out the right of way issues for future traffic plans we
requested, we are requesting a reduction of the setbacks to 20 feet on each side.
Currently the prior to annexation and obviously this hasn't occurred yet from the
highway district standpoint and the State Transportation Department's standpoint, but
the Eagle Road right of way is 70 feet from centerline currently. As a oondition of our
project and based upon this future urban interchange that is planned for that
intersection and the traffic plan for the year 2015 we are looking at 113 foot right of way
from the centerline of Eagle Road. On Franklin Road the right of way is actually 40
currently which was just finally resolved through a boundary survey. The highway
Meridian City Council ~ •
June 17, 1997
Page 8
district is asking for 70 feet ~rom centerline on Franklin Road. What this will result in for
the foreseeable future for us as far as we can envision is a very large open space
between where a project can be and where the roadway is. What w~e are asking fcom is
some relief from that of five feet on the Eagle Road side and 10 feet on the Franklin
Road side. The result of this is about 1.6 acres of landscape betw~een the building and
the edge of the road on a site that is 3.6 acres that doesn't count the landscaping that
we will have a# the rear portion of the project. We would just like to be able to relieve a
little bit of that landscaping burden and use a little bit more of the site. I wouid subject to
your questions.
Morrow. Questions?
Rountree: What would the resulting landscape area be then if the variance was
granted?
Smith: It will be approximately 1.6 acres.
Morrow. This is a public hearing does anyone else in the audience wish to testify?
Trisha Griffiths, 3295 N. Montvue, Meridian, was s~nrorn by the City Attorney.
Griffiths: Some of the residents in the Montvue Subdivision oppose this variance
setback. The reasons are setforth, hopefully you got the letter from John McCreedy.
We feel that if they get this special request a variance then other developers around the
area are going to be asking for it and it is going to set a precedent where everybody
says they got it v~y can't we get a setback on this too. We have a strip of land that is
right in front of our Subdivision which I know they are going to whoever bought it is
going to want to develop. The person that owned it before wanted to put a building that
was just a very narrow strip of land and they couldn't do it because of the setbacks. I am
afraid that if we allow~ed this on this comer then there other people will come in and say
well we can put this here and because we don't have, maybe we can ask for a variance
too. It is a given that people along Eagle and Franklin know that the roads are going to
be expanded. I think in their original plans they should have had that in mind exactly
what it is. You guys set codes and regulations and guidelines and I think it should be
filed. It is therefore reason. 1 talked to Don Jackson at Texaco and they had to go by the
regulations and so did St. Luke's and i feel if some of these other people have to then it
v-rould be nice if these people w~ould too. I think it vu~ould help preserve the integrity of the
neighborhood.
Morrow. Questions for Mrs. Griffiths?
Bentley: The strip of land you spoke of, over by Montvue, which street does it front on?
Griffiths: It is off of Eagle Road. It is right in front of our subdivision.
Meridian City Councif • •
June 17, 1997
Page 9
Morrow. Thank you, anyone else from the public wish to offer testimony? Staff do you
have any comments or questions from Councit?
Bentley: Shari, how is this going to impact the plans as far as the landscaping?
Stiles: We have been requesting the 35 foot landscape setback on the entrance corridor
roads. I believe it was in the findings for the annexation but their conditional use was
approved showing 20 feet on Franklin and the 35 feet on Eagle Road. I think in most
cases I might not be incfined to approve of this variance and I w~ould not want to
approve of the variance if the building plans v~ere changed or the landscaping plan w~ere
changed such that the building was of a different construction. In this case I think it is a
beautiful buitding what they are proposing and will be a real focal point a~d a great
attraction at that intersection. The people that are concerned on the other side of Eagle
Road have not given up the ultimate right of way that will be taken when that when and
if that is ever made an urban interchange. There is a big dedication of right of way on
both Eagle and Franklin Road. I wish we had something that vu~uld explain a little better
to the neighbors maybe where the edge of pavement is. Maybe you could explain where
the existing edge of pavement is, where the building w~outd be from that edge of
pavement. Other than that
Morrow: Does that answer your question? Mr. Smith, would you like a final comment.
Smith: To address the neighbors concems and to I guess expand upon what Shari is
alluding to is from the existing edge of pavement the building w~ould be approximately
85 feet from the roadway, the current edge of pavement on Franklin Road right now on
the Franklin side. It vvouid be approximately 75 feet from the edge of road on the Eag1e
Road side. I certainly respect the neighbors concem about setting precedent and the
general concept of the slippery slope if it is allowed in one place it ought to be allow~ed in
others. We kind of feel like this is an unusual circumstance in that the large amount of
land that is being taken and encroaching into what the previous parcel was is creating a
trem~ndous setback and this will actually result in over twice for the foreseeable future
over twice what the City's desired entrance corridor is. We fully intend to significantly
landscape that area in accordance with the plan that we submitted on our conditionaf
use and provide berming, buffering, all the things that we proposed in the previous plan.
The, we feel that it will provide a very attractive scene at that area. One thing about the
ufban interchange that I would like to bring up is the plan for that is to raise Eagle Road
by several feet or correction Franklin Road by several feet and lower Eagle Road by, in
discussions with the Highway Distri~t and based on the geometry there and topography
of approximately 12 feet. It is going to present a very a significantly obstructed view for
each corner to be abie to see the other. I think what will go on, on our side of Eagle
road will probably have very tittle impact on what goes on at either of the other three
corn~rs. Furthermore the changes in elevations which will occur then from one
standpoint we feel that the further our building is away from the neighbors behind the
better off they will be as far as buffering goes from the roadway. And this reduction of
setback provides a little bit of that for us. If it moves us back we will likely maintain the
Meridian City Council • •
June 17, 1997
Page 10
same sized buiiding we will just end up making a slightly tighter site with more
landscaping around it. The concept will be the same. The significant changes that will
occur there we feel will mitigate any appearance or any encroachment that is perceived
by our project.
Morrow. Final questions? There being none we will now close the public hearing,
Council your pleasure.
Rountree: Mr. President I move that v~ have Counsel prepare findings of fact and
conclusions.
Bentley: Second
Morrow. It has been moved and seconded to have the Counselor prepare findings of
fact and conclusions, all those in favor? Opposed?
MOTION CARRI~D: All Yea
ITEM #6: CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES
BY STEVE LYONS AND STEVEN BAINBRIDGE:
Morrow. Is there a representative here for Mr. Lyons and Mr. Bainbridge.
Daugherty: Council, my name is Bob Daugherty I am with Johnson Land Surveying
representing Mr. Bainbridge. During the last meeting we came before you and asked
for your permission to split the parcel that had previously been approved for retail space
at 835 Fairview Avenue. Since then Mr. Kouba who previously had the conditional use
approval has sold the northem portion of the property or at least entered into a sales
agreement with Mr. Bainbridge. I might want to note at this point that Mr. Lyons is no
longer associated with the project. So it is just Mr. Bainbridge. His intention is to
construct a car wash a full service car wash facility on the northern portion of that
property. It would have a retail space in the front of that cash ash and also have full fuel
facilities. There would also be two detail bays associated with the car wash. All of that
construction v~ould take place on the .88 acxes that adjoins Fairview Avenue. We have
gone over the facts and findings that were prepared from Planning and Zoning . We
don't have any problems with anyfhing that they have recommended. There are a
couple of items however that we would like to ask for your permission to change. One of
them we had previously stated that the hours of operation v~ould be 8 a.m. to 8 p.m. the
car wash we are asking that we be allowed during the summer to open that at 7 a.m.
and go until 8 p.m. The winter hours, they would anticipate those being from 9 a.m. to 6
p.m. The fuel facility, those would be extended hours and I believe that there w~oufd be
the availability to pump gas via a gas card or credit card type situation even as much as
24 hours per day for the fuel station itself. Commissioner Smith had three specific
concerns that he indicated that he was going to pass along to the Council. One was
about the parking issue where people were going to be backing out into a 40 foot road
Meridian City Council • •
June 17, 1997
Page 11
way easement that we had secured from the adjoining property. There was also some
concern about the stacking, how many cars we could actually have waiting to get into
the car wash before they would start spilling out onto that roadway easement. Then
additionally he had a concem about the building construction itself and materials that
would be used. We have redone a site plan, I believe that you folks probably have a
packet that reflects the new site plan which did away with the parking that w~ould be
backing into the 40 foot easement strip. And created out of that parking area or a
portion of that parking area some additional stacking which would handle up to 8
additional cars. We feel that the site plan changes anyway w~ould address all of those
concerns. The building concems I vvould like to defer those to the project architect Mr.
Joe Numbers at a little later time here. There seems to be some a couple of
discrepancies. In the site specific requirements from Bruce Freckleton and Shari Stiles
and it kind of goes throughout the entire findings of fact but it appears at least on page
14, item e, they were looking for a warranty deed on that additional 4 foot of right of way
that ACHD is requiring along Fairview avenue. They are requiring that prior to applying
for a building permit. During in ACHD's requirements they are asking for that 4 foot
warranty deed to be in place and recorded prior to issuance of a building permit. We
would like for you to if you approve this conditional use permit we would like for you to
change that to reflect ACHD so we can go ahead and get the permit in process. Mr.
Bainbridge, should all of this go through of course then the sale on the property would
be complete. Then he will be contacting ACHD and dedicating that additional 4 feet of
right of way. We don't feel that additional 4 feet of right of way should hold up the entire
process. It would hold it up substantially getting that to ACHD prior to issuing the
building permits. Or applying for the building permits I should say. Additionally there
was some confusion as far as the cross access agreements. They were requiring during
the original conditional use permit ACHD had requested cross access agreements to
the property to the east which was the parcel that Rountree is currently sitting on. The
parcel to the west and to the south of Meridian auto sales, during this new conditional
use process a lot of that had kind of gotten changed around. We went back to ACHD
and I have delivered a letter to Ms. Stiles from a Steve Sneed the development analyst
for ACHD and he has agreed that they vvould change their items to reflect the original
conditional use which would be those two parcels. In doing so we have already secured
the easement with the parcel that Roundtree sits on for that 40 foot access easement
that goes the entire length of our parcel. The parcel that would be to the south and the
west of Meridian Auto Sales that portion w~e feel that once the southem half of the
project is developed at that time v~ would go ahead and enter into the cross access
agreement with those folks. With that I guess I v~rould be happy to try and answer any
questions that you may have specifically about the site plan. We do also have
representatives here this evening from Hannah Sherman which will be supplying the car
wash equipment that will be housed inside the building. We also have a representative
from Sinclair Fuel that will be providing the or constructing the service station and
providing any information that you might need about that. Our project architect Mr. Joe
Numbers of course is here to answer any concerns you may have about the building
itself.
Meridian City Council • •
June 17, 1997
Page 12
Morrow. Questions for Mr. Daugerty?
Tolsma: What are your hours of operation you are changing that from 8 to 8 to 7 until
when?
Daugherty: During the summer hours the car wash itself will be open from 7 a.m. until 8
p.m. so we are extending that by 1 hour in the morning which would allow people to
stop by on their way to w~ork perhaps and get their cars washed.
Tolsma: And your fuel service will be open
Daugher~y: The fuel service, we v~rould anticipate that the fuel availability would be 24
hours a day. That people would be able to go in there and get fuel. And the fuel station
I might note is going to be facing right up on Fairview avenue. Of course w~e have
previously discussed the lighting issue with staff and I am sure that will be part of the
development agreement.
Rountree: I don't have a question for Mr. Daugherty 1 do have a question for their
equipment suppliers as it refates to noise level of vacuums.
Morrow. Any other questions of Mr. Daugherty? Thank you, could we have the
equipment supplier come forward and ansv~r the questions that Mr. Rountree and Mr.
Bentley have?
Thomas: My name is Dan Thomas.
Rountree: My question is what is the decibel level of the vacuums at say 100 feet from
their placement on this site?
Thomas: Well the vacuums the way they are designed in this building here shouldn't be
heard literally at all. They are inside the detail shop building inside a sound proof closet.
So they will pretty much you will not even hear them all.
Bentley: I had a question on signage and I don't know who to direct this one to.
Morrow: Thank you Mr. Thomas. Is the project architect Mr. Numbers.
Numbers: I am a representative from the Housing Group the architectural group
representing Mr. Bainbridge.
Bentley: I wanted to ask you want kind of signage we were looking at?
Numbers: We have several signs shown on the building itself if you will notice on the
elevations we have some metal roofed canopies and we have signage on a backlit
canopy there if I could point those out quickly. Also, the Sinctair fuel station will have
Meridian City Council • •
June 17, 1997
Page 13
signage as a part of its canopy. Rt this point we are not planning on having an
independent sign on the property.
Bent{ey: At this point, are there plans down the road?
Numbers: Not that I have discussed with the owner, no.
Bentley: We would prefer to just stay with it on the awnings.
Numbers: (Inaudible) I stand corrected (End of Tape)
Morrow. Mr. Numbers v~uld you continue with the knowledge that you have at this
point in terms of the signage on the building, further questions Mr. Bentley?
Bentley: No
Morrow. I think that addresses those comments. Mr. Bainbridge if you w~ould come
forward please and further answer I~Ir. Bentley's question.
Bainbridge: As far as the sign, we will have a sign out on the berm whether it will be a
monument or a pole type sign 1 guess that is up to the committee. Is there a committee?
Bentley: There is a sign ordinance. I myself w~ould prefer to see a monument sign.
Bainbridge: Either way whatever is preferred we will do that.
Bentley: That would be my preference.
Morrow. Any further questions for Mr. Bainbridge?
Crookston: What height of sign are you talking about?
Bainbridge: I believe one of those monument signs is like 6 foot as far as height. I vvowld
say it is probably about 6 foqt as far as the width.
Crookston: The top of the sign how high would that be?
Bainbridge: From the base to the top (inaudible).
Benner: My name is Robert Benner, I am a representative of Sinclair Oil and 1 think I
can address the signage question. On the canopy if we are allowed to put the
identification on as our standard company identification on three sides of the canopy
there will be 21 inch high red letters back lit stating the w~ord Sinclair. Each of the letters
will be rouded into the side of the canopy and then back lighted. There will also on three
sides of the canopy be a 2 by 3 foot back lighted logo sign, the one with the dinosaur in
Meridian City Council • •
June 17, 1997
Page 14
green. As to the signage out in front vve are very flexible. Our standard signs, w~e have
two standard signs what we call our R140 which is 140 square feet, each module is 10
foot by 7 foot, 10 foof wide by 7 foot high and there are two of them. So that w~ould be
14 foot by 10 foot wide. The smaller sign is what w~e call our R70 and it is 7 foot wide by
5 feet high. So each of these two modules the logo and the price sign would each be 5
feet high. They can be placed in a monument configuration. We need a maximum of on
the smaller sign we need the maximum of about 8 foot 3 inches for the poles and the
sign. And a maximum height of at least 12 feet. It v~ould be 10 foot, five foot, five foot
and then 2 foot off the ground. The normal height of the sign in a normal installation w~e
try and keep them at 14 feet.
Crookston: The height of the total top of the sign would be 14 feet.
Benner: Right, this is our normal installation where the poles go up on the site. On a
monument like I said we try and keep them and we need a minimum of 12 feet from the
top to the very bottom of the ground.
Crookston: My concern is along Fairview Avenue I don't know if whether or not the City
wants fo see a sign that is like the Texaco sign off of Eagle Road.
Benner: Like I say the standard sign is just the two modules. If how~ever there are
regulations or sign ordinances that preclude either use of either of the modules we can
also have the signs custom made to order by one of the sign companies which we
would be happy to do in order to meet any of the requirements that you folks care to put
forth for us. We are trying to (inaudible) signage adequate so that vu~ can be identified
thafi this is a Sinclair fueling station but still meeting all of your concerns so far as
compatibili#y with the overall program an image that you are trying to project.
Tolsma: So the sign that yow are praposing then would be roughly the height of this
chamber in here?
Benner: Yss, that would be the overall height of the lower of the monument type.
Morrow: Any further questions? Comments of staff? Ms. Stiles?
Stiles: I just had one question the application to date has always dealt with a car wash
that shows a waiting area. It was not a 24 hour facility. But the latest drawings we have
here of a floor plan looks more similar to a convenience store with the freezer and
coolers. I just wanted to make sure that this was not going to be a 24 hour convenience
store as that would require another conditional use permit. This is dedicated strictly to
auto service.
Morrow. You said car wash are you talking about the car wash or the fueling station?
Meridian City Council ~ •
June 17, 1997
Page 15
Stiles: Well it has been the car wash and fueling station, but this lobby area that is
shown here now with coolers and a freezer looks more like a convenience store than
where you might pick up some oil or vehicle related items.
Morrow. Mr. Bainbridge would you reply please?
Bainbridge: As far as the hours in the lobby section the latest will be is 10:00 and as far
as the gas will run on a credit card out there. So there won't be locks so they will be
able to get gas for 24 hours. The lobby will be closed by 10:Q0 any time during the
whole year. There will be some conveniences in tMere for our customers, w~e will have
drinks, there will be a coffee bar. Similar to what Nulook and Boise West has as far as a
lobby inside.
Stiles: 1t is not somewhere, where people would come and pick up milk and eggs?
Bainbridge: No, we will have snack items in there but it will be basically all snack items.
Stiles: Thanks
Morrow. Any further questions?
Smith: Mr. President, I, sitting at the Planning and Zoning meeting heard quite a
discussion about from one of the commissioners concerning the construction of the
building. I noticed in the letter from Johnson Land Surveying that we received today that
the architect Joe Numbers was going to addres~ the building materials and I don't know
that t heard him address that. I am curious because it was an issue.
Morrow. Mr. Numbers can you respond please?
Numbers: On two sides of the building we have concrete masonry units, the side facing
Fairview Avenue and the side facing to the east of Roundtree Chevrolet. On the w~est
and south sides we have a concrete block base 4 feet and then a metal siding coming
down to that with the metal roof. The tv~o sides that do face Fairview are Concrete block
we have a series, we have a split face concrete block base up four feet then painted
concrete and then a band of ribbed block and then additional painted block above that. I
believe that the elevations indicated on them what the materials are for each of the
elevations. Are there any more specific questions Mr. Smith that I might answer?
Morrow. Questions of the Council? Gary, did you have a final comment?
Smith: No, that is all.
Morrow. Thank you Mr. Numbers, final questions or comments?
Meridian City Councit ~ •
June 17, 1997
Page 16
Bentley: I have a question for Shari, on the landscaping, this monument sign is it going
to be on top of the landscaping. Is that going to be too much height for what we are
trying to obtain with our signage?
Stiles: Councilman Bentley, Council, I don't know that we have any specific landscaping
plans that would show berming, how much berming there would be. Right now all we
have are just locations of where the trees v~rould be. I don't believe there is any specific
landscape, a detailed landscape plan hasn't been submitted yet. I suppose as part of
your conditional use permit you can require that they only be monument signs. Typically
they will contour the berm around a monument sign to make sure they get visibility, but I
think that can be worked out when they apply for their building permit.
Morrow. Any further questions Mr. Bentley?
Bentley: 1~nrould like to get the rest of the Council's feeling on how high we want these
signs to go.
Morrow: Well 1 think essentially you have three choices here. You can adopt the
findings as written, or you can amend the findings or you can have them re-written.
Obviously the sign issue is a new issue that is not dealt with very well within the
findings. In that process if you opted to have the findings re-written it seems to me there
are several points here that are not part of the original findings. You could require
conceptual drawings from Mr. Numbers and Mr. Benner in terms of the sign proposal to
be adopted as part of those findings and then make that binding on the project. Those
are the options that you have. I think part of the confusion in my mind in terms of
heights and berms and landscape plan is that I don't know really where that signage is.
Bentley: That is where I am at too.
Morrow. Mr. Rountree your thoughts?
Rountree: I am trying to find where that was addressed in the findings. As you stated it
is not particularly well spelled out. I am sure it says in here that signing ordinance of the
City of Meridian will be adhered to. I guess my question from Council vuould be what
kind of latitude do we have beyond that in terms of limitations. My preference v~uld be
a monument type sign a little lower the better. Given the rather Spartan design of the
building I would hope that the landscape v~uld somewhat off set that. It would be
helpful for me to see a little more detail in there. As far as the project goes I don't have
any issues with it.
Morrow. Counselor your answer to Mr. Rountree's question.
Crookston: Our sign ordinance has no height restrictions on it. That is the reason that
we have the Texaco sign at Eagle Road and the Freeway. If w~e want restrictions on the
size of sign or the height of sign we can do that as part of the conditional use process.
Meridian City Council ~ •
June 17, 1997
Page 17
But we, as a Council we need to look at if we want something like that included in the
sign ordinance.
Morrow. And as they say that will be for another meeting for another day. Does that
answer your question Mr. Rountree?
Rountree: Yes it does.
Morrow. Comments Mr. Tolsma?
Tolsma: My comment is about the same as Mr. Bentley's was. I would like to see
something in there about the height of the (inaudible).
Morrow. Is there a motion then as to how you wish to get to where you want to go?
Rountree: Well just for discussion my suggestion v~ould be that we ask the applicant to
provide staff a rendering or a concept of signage of the front berm of this facility for
consideration with some dimensions and locations. And that we get their comments
and have that so we can incorporate that information into the findings of fact at our next
regularly scheduled meeting. If that is not an acceptable (inaudible) 1 w~ould suggest
that we get some specifics in the findings of fact this evening which may be more
confusing to the applicant.
Morrow. I think that the simplest to proceed from here may very well be the applicant
had some questions with respect to cross access and how it is spelled out in these
findings and (inaudible) whether the ACHD procedure or prior to building permit. I think
those issues need to be resolved in fairness to them. I think in faimess to us we need
to, I am not buying off on anything I can't see I guess is what I am trying to tell you. So
from my perspective is that do we instruct the staff and City Attomey to prepare new
findings with this ir~formation in to be ready for next meeting or would your preference
be that the applicant provide renderings and vve address those at the new meeting and
then vote for findings.
Bentley: 1 think that if we don't do it in that order then we are going to have to turn
around and amend a second set of findings.
Morrow. That is possible if you don't care for the renderings that are submitted. That is a
risk that you are running. We could also amend the portion (inaudible)
Bentley: Which would save him some time. 1 think we should do it in that fashion.
Morrow: Is there a motion? Shari, Mr. Tolsma has a question for you.
Tolsma: The, you have never seen a landscaping concept of this of what the design is
for berm other than what our ordinances are for the City for landscaping?
Meridian City Council • •
June 17, 1997
Page 18
Stiles: Just the outline that is shown on the site plan.
Tolsma: Other than that you are in agreement with everything they have here other than
you have no design for the landscaping? I mean as far as the findings of fact and
conclusions are written.
Stites: As far as the landscaping I don't have any problems with the findings.
Tolsma: So the tandscaping and the signage really is the only thing right now tMat is in
question here.
Stiles: if you want to see the elevations and profile of how that will look from Fairview
that is fine.
Tolsma: What I was getting as was how far we have to or what we can do to amend the
findings so (ir~audible} if we need to postpone this for two weeks. Or get an artist
conception of what we are looking at or if the new findings will show what wre need to
know about the landscaping and the signage.
Stiles: I think maybe as far as some of the changes the applicant is asking for I w~ould
have a hard time making some of those revisions I guess. And maybe part of the slight
change in use they are proposing could be changed to note that there will be a s'rte plan.
Tolsma: If there was an artist conception of how the sign looks in relation to the bui{ding
as far as height and then the berming and the landscaping that sits on top of the
berming 12 feet or if it is 12 feet ground level whether they are including the berming.
Stiles: Are you prepared to make some of those restrictions?
Tolsm~: That is what I was looking for a concept of.
Stiles: I was wondering if you are able to amend the other portions of the findings that
you would like to amend if maybe that profile and the sign itself would undergo site plan
review of the Council if that w~ould be acceptable. Or if you really want to get into
absolutes in the findings.
Tolsma: 1 have one question for Gary also, on the other well that is on this property that
is in the findings that they are passibly going to use for water, but you wanted to put a
monitoring system on the sev~r or a measuring device on the sew~er to see how much
water goes down there for a sev~er rate. We have such a device for that?
Smith: We don't have anything in preserrt use, there are devices that are made for that
type of ineasurement. But we don't have anything in the City that is being used
presently for that purpose.
Meridian City Council • ~
June 17, 1997
Page 19
Tolsma: But you would wish to have that measuring device in?
Smith: We need to monitor because this is a commercial establishment and in
accordance with the ordinance we need to monitor the flow from the facility for our
treatment purposes but we also need to monitor the amount of water that is going
through the meter that is going into the sewer. Somehow we need to separate those Mro
out.
Tolsma: That can be w~orked out.
Smith: The ordinance requires for a commercial establishment that v~ bill them sewer
use charges for the amount of water that goes through the water meter. If they want to
do otherwise for example for their landscaping then they need to make arrangements to
separate the measurement on that amount of water that is being used. If they are using
~n on site well for irrigation purposes then they wouldn't be billed, they do want to use it
for the car wash. There will have to be some kind of a measuring device placed either
on the well or in the sewer to monitor that flow. Otherwise w~e have no basis for
charging.
Tolsma: Are you comfortable with the way the findings read that?
Smith: I haven't read that part of the findings yet Councilman.
Morrow. Any further questions?
Rountree: I just remind Council that the previous applicant (Inaudible) required a
rendering of the landscape plan presented to us before we advanced it through the
approval process for the conditional use permit. Because of the corridor in.
Daugherty: The developer Mr. Bainbridge feels very strongly that if at all possible we
would like to try and resolve that this evening. We had always been under the
impression that there was a sign ordinance in place and that we v~ould certainly adhere
to that sign ordinance. As far as the landscape plan it was always talked about at staff
level that would have to be submitted as part of the building permit process. We are
certainly prepared to do that and be subject to whoever's recommendations if they are
not satis~ied with that of course we v~rould redo that until they are satisfied with it. That
v~rould be prior to issuing building permit. As far as the sign itself, let me back up. f think
that the other issues were issues that were clarified. Like the ACHD issues I think we
have a letter that pretty much clarifies those things. If you folks have an idea of what
you want as far as a sign we v~uld be more than happy to go ahead and agree to that
this evening in order to try to speed this process along. Other than that w~e w~ould just
like you folks to that into consideration. If we can at all possible resolve this we w~ould
like to do so this evening so that we can at least get the building plans and stuff
submitted and start the review process. And of course at that time that is when w~e
would go ahead and submit #he sign plans and the landscape plan.
Meridian City Counci! • •
June 17, 1997
Page 20
Morrow. Thank you Mr. Daugherty.
Bentley: One final comment since he brought the signs up, I personally would like to see
something smaller than 12 foot high.
Morrow. Well I guess Mr. Daugherty has proposed to you, you still have three choices
here. You can adopt the findings of fact and conclusions as they were written which I
think is probably not a choice. You can amend them, you can amend them to the
technical things and then have some sort of a sign review required or you can have the
findings rewritten incorporating in as Mr. Rountree has suggested a rendering very
similar to what we required of Mr. Smith and A'a Limited. So there are ways to get
where you want to go, which way do you want to go there?
Bentley: Well if everybody is satisfied with the proposed changes the hours if they are
not a problem with everybody I w~ould move that w~e prepare new findings and to
a~ccompany them vve would have a landscape rendition with a signage with it for us to
review.
Rountree: Second
Morrow. It has been moved and seconded to prepare new findings of fact and
conclusions of law to address the issues that we discussed tonight and also a
requirement for a rendering or proposed signage
Bentley: And landscaping
Morrow: Okay, now are you talking about a landscape pian that was required for the
building permit or just a rendering.
Bentley: A rendering
Morrow: Okay fine, then the motion would include signage and the landscaping around
it so it would be a rendering of the front elevation or the front approach of the entire
project, that vvould be the motion then to incorporate the changes as discussed tonight
and a rendering showing the frontal elevation as you approach including the signage for
our next meeting, all th4se in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. That means for you Mr. Bainbridge is that the findings of fact and conclusions
that we have will be rewritten they will be rewritten to reflect the changes as desired by
you in terms of hours to address the issue in terms of the 4 foot strip the cross access
agreements and so on and so forth. The only thing that you will need to provide prior to
then will be your artist rendition Mr. Numbers folks can provide Mr. Benner with the sign
Meridian City Council • •
June 17, 1997
Page 21
or the proposed signage. I think it is very clear that the Council has indicated that they
want a monument sign and not exceedingly tall so it should be a very simple process.
ITEM #7: CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST
BAKERY & ESPRESSO - 815 E. 1 ST STREET:
Morrow. Is there a representative here that would like to make a presentation?
Jansen: My name is Carolyn Jansen, I am the general manager of the Wild West
Bakery & Espresso in Eagle and Meridian. We propose to put out two tables, four
chairs, some umbrellas in the summer time right in front of our window in front of our
building. There is a sidewalk that is right in front of our building. It is 18 feet betw~een the
front of our building and the curb. Planning and Zoning suggests v~e go from 5 to 8 feet,
there is no problem with that. There is a little walk path right in front of our window of our
building before the actual sidewalk even starts. So if you are standing on the sidewalk
towards the Sunrise Cafe we are not even on the sidewalk there. So that is where our
tables and chairs would go, right underneath the window. Then out from that about 3
feet from the curb w~e would put our whiskey barrels and they would have live flowers in
them for color. And then underneath the window v~ propose to put a window flov~r
box with color plans and foliage in there. And then we propose to put an awning over
the window for shade because the sun is like directly right through that main window. I
did take pictures which I submitted ear~ier. I hope somebody had originals because the
copies don't look very well. But anyway I took a picture of the planter boxes in Eagle
and the awnings at our Eagle store so you could have a better idea of what we w~ere
talking about. So that is what we really want to do is get some tables and chairs out so
we can get people to notice where we are at.
Tolsma: Question, it seems that it would grease the wheels a lot easier if w~e had
samples here tonight.
Rountree: I have no comments other than we received the letter today indicating that
the issue of the sandwich sign, seems as that sign is more to advertise the sandwiches
as opposed to be a sandwich board. It was an issue previously but v~ don't particularly
agree with sandwich signage but you are proposing more or less a blackboard on your
building that will advertise what it is your daily specials and bill of fare is.
Jansen: That is correct, unfortunately my sandwich board does not quite depict exactly
what it will look like. Those are supposed to be cowboy boots and there is a cowboy hat
on top which makes it stand about this tall. What it was, was a sandwich board that had
a black board on both sides so you can see it coming and going what our specials w~ere
of the day. At the planning and zoning hearing it was decided so to speak we are trying
to get away from sandwich boards on First avenue in Old Town. Some of them are just
tacky and hand written stuff. So what was proposed that I thought was a great idea is
just take this sandwich board and turn it straight and lean it up against the wall and have
it stand right by the door so it is not out on the sidewalk blocking. So we will do hot
Meridian City Council • •
June 17, 1997
Page 22
mocha specials in the morning and iced mocha specials in the aftemoon by just turning
it over. That way we get around not having the sandwich board on the sidewalk and it
just kind of stands there.
Morrow: Any further questions?
Bentley: I have some questions for staff.
Morrow. Thank you very much, Mr. Bentley.
Bentley: Your views on any problems with this?
Stiles: She has been through a lot. I thought it was a good compromise with the sign, it
is not the A frame sign that we are trying to get away from. But just to help prevent
problems with other property owners if it were against the building if that won't cause a
problem.
Rountree: As long as the enforcement issue is resolved from your standpoint I don't
have a problem with it.
Stiles: It is not something that is going to be out there alt day, she could have the same
thing sitting up in her window. I think with it against the building I think that is going to be
great.
Morrow: Final comments?
Crookston: What is the resolution to the, where is the garbage receptacle in the back?
Stiles: I believe they are still working with the adjacent property owners to resolve that.
Currently Wild West Bakery is operating under a 60 day temporary occupancy until that
can be resotved. The owner of the property Howard Foley is trying to work with the
church and maybe the Sunrise and the Valley News to get a permanent situation that
will maybe help all of them.
Crookston: I think that if the Council decides to grant the eonditional use permit that it be
also subject to working out that garbage receptacle in the back or wherever it is located.
But that would have to be either agreed upon of where it is going to be or something like
that so that she has the use of it and if the Sunshine Caf~ wants to use it wherever. It
needs to be resolved.
Morrow. That is a good point, where we are at now is you have a choice in terms of
accepting and adopting the findings of fact and conclusions as prepared for us by P& Z
or you can take those findings amend them to incorporate the discussion about the
#rash receptacle. And your pleasure would be?
Meridian City Council ~ •
June 17, 1997
Page 23
Rountree: Mr. President I would move that the City Council adopts and approves the
findings of fact and conclusions prepared by Planning and Zoning with the amendment
to include resolution of the garbage dumpster issue with the adjoining property owners
and users.
Bentley: Second
Morrow: It has been moved by Mr. Rountree, second by Mr. Bentley to adopt the
findings of fact and conclusions of law as prepared for us by P& Z and to amend it to
include resolution of the dumpster and garbage issue, roll call vote.
ROLL CALL VOTE: Bentley - Yea, Rountree - Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow: Is there a motion on the decision?
Rountree: Mr. President 1 move that the City Council approves the conditional use
permit for the use as applied for by the applicant with the exception of the placement
and display of the sandwich sign as described in paragraph 3B.
Bentley: Second
Morrow: It has been moved and seconded to approve the recommendation with the
exception of the placement of the sandwich board as described in paragraph 36 and to
resotve the garbage issue, all those in favor? Opposed?
MOTlON CARRIED: All Yea
ITEM #8: REQUEST F4R A BEEF~ LICENSE FOR THE CIGAR~TTE STORE BY
BOB CUNNINGHAM:
Morrow. Chief, is there any problem with the beer license for the Cigarette Store by Bob
Cunningham?
Gordo~: I don't have any prablem with that license.
Morrow. Okay, the Chief has testified that there is absolutely no problem with the Beer
License for the Cigarette Store by Bob Cunningham. Your pleasure w~ould be then?
Tolsma: I move we grant the request.
Rountre~: Second
Meridian City Council • •
June 17, 1997
Page 24
Morrow; Moved by Mr. Tolsma second by Mr. Rountree to grant the request for the
Beer license for the Cigarette Store by Bob Cunningham, all those in favor? Opposed?
MOTION CARRIED: AI! Yea
FIVE MINUTE RECESS
lTEM #9: REQUEST FOR HOOK UP TO CITY SEWER FOR 1695 S. IOCUST
GROVE BY AUSTIIV PR4PERTY MANAGEMENT:
Morrow. Is there a representative here that wants to address that issue? Staff, Gary do
you want to carry the ba{{ on this?
Smith: Yes sir, Carolyn Austin from Austin Property Management sent a letter to Mayor
Corrie June 10t'' requesting some assistance with the sewage disposal system on this
piece of property. The septic tank had faiied, apparently the baffle had decomposed and
fallen to the bottom of the tank. We have a sewer {ine that was extended through the
Sportsman Point No. 6 subdivision on Locust Grove Road near the south property line
of this piece of ground, address 1695 S. Locust Grove. The are able to connect to that
iine, due to the urgency of the problem 1 telephoned each one of the Council to ask
preliminarily or informal{y approval for these folks to connect and I did receive
unanimous approval over the phone. ft is before you tonight for a formal decision on that
question. The property owners have agreed to pay the double assessment fee since
they are located in the county and they have indicated that they will pursue an
annexation to the City. I befieve that they have picked up an application from Planning
and Zoning Administrator. I think I indicated as I recall in my conversation with each
Councilmen that it v~ould be appropriate to proceed in a similar direction that vve have
with other properties that have been located in the county that have requested
connection and have also requested annexation. That we would refund one half of the
assessment that has been paid by the property owne~ upon successful annexation of
the property. That w~ould mean upon the acceptance or writing and acceptance and an
annexation ordinance by the City Council.
Morrow: Questions for Mr. Smith? Is there a motion then conceming the sewer hook up
at 1695 S. Locust Grove?
Tolsma: Mr. President I v~ould move that we grant the request for hook up to City sewer
for the double hook up fees to be paid with hooking up with the request for annexation
gets approved by the Gity that'/ of the fee be returned.
Rountree: Second
Morrow. Moved by Mr. Tolsma, second by Mr. Rountree that we approve the hook up to
City sewer by 1695 S. Locust Grove Road paying the double fees at the time of
Meridian City Council • •
June 17, 1997
Page 25
annexation within the City'/ of those fees would be refunded to the applicant, all those
in favor? Opposed?
MOTION CARRIED: All yea
ITEM #10: DEPARTMENT REP4RTS:
Morrow: Mr. Smith
Smith: Thank you Mr. President and Council members. We are requesting through the
Waste Water Superintendent is requesting that is an extension of the sewer cleaning
and camera contract that v~e presently have with Municipal Services Company of Idaho
for an additional $24,000. I think you have a copy of his June 6~' correspondence that
he submitted to Mayor and Council.
Morrow. Questions for Gary concerning that contract? Is there a motion to approve the
extension of that contract in the amount of $24,000?
Rountree: So moved
Bentley: Seoond
Morrow: It has been moved by Mr. Rountree, second by Mr. Bentley to approve the
~xtension of the contract in the amount of $24,000, all those in favor'? Opposed?
MOTION CARRIED: All Yea
Smith: Did you want to talk about CESCO at all?
Morrow: WeU (et's do that after we have Mr. & Mrs. Rundle so they don't have to stay.
Smith: The only other thing I have is a preliminary plan on the parking iot design on East
Pine. Just east of the Van Paepeghem property, I will just hand that out for your folks to
look at. If you have any comments please send them back to me.
Morrow: Shari let's Mave you present the issues in terms of the irrigation problem on
Meridian Road for Mr. and Mrs. Rundle.
Stiles: President Morrow and Councilmen you have the letter from David Rundle that
was dated June 12, 1997. Basically a complaint that our maintenance of ditches
ordinance is not being enforced. I will have Mr. Rundle speak his peace when 1 am
finished. I v~uld just like to say in defense of Dean he w~orked on this problem every
day from the first moment he heard about it. He spent many hours trying to take care of
this problem to #he exclusion of a lot of other things that he needed to have done. Even
though the ordinance says they are to take care of the probtem in ten days I believe that
Meridian City Council • ~
June 17, 1997
Page 26
the ultimate action v~rould have required action by the Council if w~e were to go out and
physically do the work ourselves. As it turned out there was a major plug under East 1
street that v~nt all through the Les Schwab property. Ada County Highway District
responded as soon as they could (End of Tape) the pipe going under the road at E. 18t
Street is coming from the Speedway property. Les Schwab didn't want to spend the
money to bore out their pipe until they were assured that covering was going to be
taken care of because 1 guess every time they have a function at the Speedway it
immediately plugs up with cups and trash. Now they have, I believe Marty Hill put a
temporary chain link over it to keep the debris out and Mr. Rundle is receiving his water
now I believe. It was unfortunate with some of the heat that w~e did have that he didn't
have his water. But I feel that staff did everything, went above and beyond reaily what
they needed to do to get the situation resolved as fast as they could.
Morrow. Questions for Shari?
Rountree: I think Dean points out in his synopsis of what w~ent on, he is not empowered
to issue citations. I guess even if he was a citation would do no more than notify the
individuals they were in violation of the city ordinance. If they choose not to exercise
their option to take care of it, it would be a civil matter in civil court subject to getting a
court date and getting it resolved that way.
Stiles: Which would be months.
Rountree: Which doesn't help the individuals with their water delivery.
Morrow: Is not the rest of that though according to the ordinance that the ten day portion
even though we have the civil issue going on the City at that point in time could
automatically clean the line and bill back against the property taxes.
Stiles: If that was a decision made by Council in a public meeting.
Morrow. Counselor, does it have to be a decision made by Council in a public meeting,
the way the ordinance is written? The question was according to our ordinance with
respect to ditch cleaning that once notified a person has ten day by which to comply
with the cleaning of the ditch. If they do not comply with that then the city can clean the
ditch and bill back against property taxes. Does that take a formal action by the Council
to be able to do that or can that be done as an automatic matter after the ten days?
Crookston: I would have to review the ordinance again. But I don't believe that under
the laws, not just this one but under the laws the way they stand now that we should
give notice to that person to make a presentation to Council. I think the city would need
to give notice to the party that owns the property that the City in#ends to do that and give
him an opportunity to come before the Council and make his plea as to why it should
not do that.
Meridian City Council • •
June 17, 1997
Page 27
Morrow. Would you not be giving that notice at the time you gave the ten day notice that
at the expiration of ten days you have the opportunity at any time to come before the
Council (inaudible) vwater turn off list.
Crookston: That is correct but to give the ten days notice the way that we have our
council meetings you v~uld have to give the notice so they have an opportunity to get
the Council meeting before the ten days runs.
Morrow. I guess let's move on with this issue, why don't you research that and get back
to us and see how it works. That is everything that you wish to present then?
Stiles: On that issue yes.
Morrow: Thank you, Mr. Rundle, your opportunity please?
Rundle: 1 am David Rundle I own the property at 337 N. Meridian Road. This has been
an issue with Dean since the 21 gt of last month. As the ordinance here, and I have a
copy of the ordinance I can read it to you as per ordering the removal of the nuisance
this can be done by any City o~cial as per the ordinance reads. I have this ordinance I
have read it, I have studied it. This is what you guys wrote or prior people sitting on this
board wrote back in 1989 that this is the way things are going to be laid out. Yes it does
declare that when the nuisance is reported that these people are posted whoever is the
owner of the property where the tenant on the property had ten days to take care of this
problem or any City official whether it be the City Clerk, member of the fire department,
building department, (inaudible) anybody listed as a City official can make and order to
have this nuisance removed. This nuisance has been a problem and a hindrance in my
water all year long. At this point now exactly an hour after I made this request to be
heard on the City Council I had water at my house. Exactly an hour after I was here. I
am curious as to why we have these ordinances if we are not going to enforce them.
This is the first time I assume you guys have heard of this issue. If it had to be an issue
that was brought before the City Council why isn't it in the ordinance and why didn't you
hear about it at the last meeting the first Tuesday of the month. Which would have
definitely been over 10 days past the initial contact with Dean. Your ordinance clearly
states what the steps are to be taken and they haven't been taken. I went many days
beyond that point without water which (inaudible) it is explained that this is a right that is
duly due me as a Citizen of Meridian without sitting here wasting any more of your time
and reading this whole thing to you. It clearly states to you that this is to provided for the
protection and regulation of water rights and the maintenance of such canals. It is for
the sole purpose of providing with me of my water that I pay taxes for every year. My
tax doesn't ailow for month delays because the Speedway v~on't keep the trash out of
their ditch because Planning and Zoning can't require them to tile the section of ditch
which is approximately 10 feet long where all of the trash comes in. I hate to be
argumentative but you can require ditches that run between my property and another
commercial property to be tiled and totally disrupt my irrigation rights but we can't
require these people to tile a ten foot section of ditch th~t is a trash bin every time the
Meridian City Council • •
June 17, 1997
Page 28
raceway opens. You can go to the bin the drop box about 300 feet below there and drag
trash every time the raceway is done. Again i hate to be argumentative but I think you
guys need to be made aware that these ordinances aren't being enforced as to the way
they were wrote.
Morrow. And I think we are addressing that as w~e discussed earlier. Did you have any
questions or comments Mr. Tolsma?
Tolsma: No, this is the first I had heard of it (inaudible) first I had heard about it. The
City people here are supposed to be handling this and evidently they haven't been
handling it or don't understand the ordinance.
Rountree: 1 think the legitimate concerns and legitimate questions and things that we
are going #o have to resolve as a City. There is nothing more that I can do than to offer
an apology to you and your wife for the inconvenience and we will get it taken care of.
Morrow. As a point o# explanation it is designed for the staff to take care of it so that w~
don't have to take care of these kinds of issues. Obviously at this juncture pefiaps as
we talked about earlier we need to make sure that the staff and that v~ have got the
ordinance structured in a proper way that for those who wish to ensue a legal battle that
the City can prevail. Having said that we will make those adjustments and take care of
those things. The Council was not aware of this issue until just recently. I was aware of
this issue about three days or so ago in terms of a conversation with Mr. Ehlert. At that
particular time we discussed how to resolve the problem and who to talk to with respect
to where the problem is created. In terms of us requiring coverage of a ditch, the one
that is being covered I assume is between you and the new A& E Auto Parts store is
that, I am sorry S& E.
Rundle: It was not an issue of this particular.
Morrow. I know but your example is that in that scenario v~e can require the ditch to be
covered because there is an ongoing building permit and there is an improvement being
made. In the scenario of the speedway which is owned by the Dairy Board there is no
construction going on there. The City doesn't have to the best of my knowledge the
power to be able to come along and tell somebody to cover that ten feet of ditch. The
power that we have that appears that we are not getting to use completely is to make
sure the ditch stays clean. We will take those steps to make sure that happens. The
process t think was designed so that it was supposed to be a fairly short term process
so that nobody was impacted or unduly hurt. Obviously in this case it hasn't w~orked out
that way. For that Mr. Rountree is right and we do apologize and we will press forward
to try and resolve that so it doesn't happen in the future. Obviously when things get
involved in the courts then all of the time frame goes out and those people don't even
know vuhat timely means. So our desire as a City is to try to keep from getting to that
position but yet to satisfy the problems of you and other residents who have that as an
issue.
Meridian City Council ~ •
June 17, 1997
Page 29
Rundle: I appreciate that and to make a point to Shari I guess is who I am actually
dealing with. Yes I am getting water but there are still some nuisances that need to be
taken care of along the way. I would be glad to meet with Mr. Ehlert and explain those
and show them to him. They are obvious for the purpose of this ordinance. If I need to
the fact that I am getting water (inaudible) we still have what is de~ned by this ordinance
a nuisance (inaudible).
Morrow. Gary, to move back, did you wish to have any kind of comment or did you
want us to review the parking lot and then discuss that. f want to do the issue with
respect to CESCO perhaps have these other issues are done. You don't want to do
anything with the parking lot nov/?
Smith: No sir I just want you to look at it ifi you would please and give me any input that
you may have so that w~e can proceed on with the final design.
Morrow Shari, 1et's continue on then with your items, item #2 is Larry Peterson with
Mike King annexation process.
Stiles: President Morrow, Gouncilmen, what you are just being handed is a concept for
an annexation route to annex the sewage treatment plant. The property to the south is
owned by Larry Peterson, the second page of the handout shows what they are
proposing for zoning and the different uses particularly on Larry Peterson's property.
He wants to retain his house there on Ten Mile with the convenience store at the corner,
R-4 development and then another R-2 parcel which he has indicated he wants one
home to be built on where those, where Five Mile and the other creek meet. He w~ould
also like agricultural stables adjacent to the creek. So as to maintain a buffer between
the treatment plant and the housing development. The treatment plan w~ould be zoned
industrial, as part of this annexation John Shav~croft has also agreed to annex Mike
King's property to the narth. They would retain the R-2 zoning for their home and are
requesting a C-G zoning for storage facilities beyond that. Our comprehensive plan
designates this all as rural residential or agricultural. The purpose of that is to maintain
the buffer for the treatment plant so vve don't have so many nuisance complaints. I
guess I don't want a motion or anything from you now, if you have any comments for me
as they proceed in going to. If you have any suggestions or problems let me know
because they will be proceeding to have surveys prepared for each of those different
proposed zones. Each applicant will prepare their own surveys and legal descriptions
for the annexation. They also understand that any of those uses will also be subject to
the conditional use process for actual development.
Morrow: Questions or discussion?
Rountree: Explain to me agricultural stables?
Meridian City Council • ~
June 17, 1997
Page 30
Stiles: Well agricultural/stables I don't know if he is going to have farm on it. He has
horses right now, he has talked about maybe having a little riding area there.
Rountree: (Inaudible)
~tiles: I believe it is his initial intent to maintain that himself, he wants to stay in this
home that he has got. He has done quite a bit of remodeling on the home. He would
like to either build himself a new home or have someone else build a large home
because of the creeks there on the other side. I am not sure that is the best idea but if
somebody goes in knowing fully what they are in for. In the R-2 particularly this one
ne~ to the creek. It is a nice site but 1 don't know that I would want to put a lot of money
into a house there.
Tolsma: The agricultural horses, if that is annexed to the City our ordinance doesn't
allow horses (inaudible)
Crookston: That is correct.
Stiles: It is currently being used for horses, they would have a grandfather right until
they discontinue that use for a year. I think under the conditional use process if they
wanted to tum it into a commercial enterprise they would comply with whatever
requirements Council for that.
Tolsma: (Inaudible) shoestring annexation (inaudible)
Stiles: Across the street it is all annexed except for a comer. There is Englev~od Creek
subdivision is to the south. The proposed Hartford Subdivision is to the east so this is
definitely not a shoestring annexation. Going down the road might have been.
Tolsma: (Inaudible)
Stiles: If they discontinue the use for a year they can't bring it back. I think since we
don't list it as a prohibited or specifically as a use in any of the zones woe really don't
have an agricultural zone they would be able to do it through an conditional use permit.
Crookston: We do prohibit livestock, I think a horse is livestock.
Stiles: But if they discontinue for a year then they woufd no fonger be abfe to do it.
Morrow. 1 guess my thoughts in terms of this I think this is a bad deal. Very candidly I
think as a City we are running scared of annexation stuff. The issue is in Boise contrary
to what people think in terms of parcels greater than 5 acxes I was party over ten years
ago to a forced annexation. The City of Boise is currently looking at basically a
quadrant of ground that includes everything from '~ acre parcels to 100 acre parcels
forced annexed. The issue in my mind is that shoestring annexation for this I think Gary
Meridian City Council • •
June 17, 1997
Page 31
indicated approximately 400 feet it is not a shoestring. Why should we take a deal like
this that is different than what we require in terms of presentations for annexations with
plans and so on and so forth when we can clearly annex another route. I think
somebody will be hard pressed to prove us wrong in terms of annexing down the center
of the full length of the road for that 400 feet when it is tied into an annexation on the
other side and it is our property that is being annexed and nobody else. I hate to see us
at this juncture agree to something as convoluted as this is for the sake of an
annexation chain because we didn't have enough confidence in our ability to annex
when clearly our eastern sister seems to be able to annex anything any time any place
that they wish to. I think we ought as a Council and City do some more research here
and start doing something that is maybe in our best interest. I am not convinced that this
is in our best interest.
Tolsma: (Inaudible) agricultural (inaudible)
Morrow. The other thing that you have to consider here is that this is an intersection of
section line roads, historically what we have tried to do is make sure those intersections
are well done and have some sort of carry through theme and so on and so forth.
Essentially what these folk are telling us is if we want the sew~er plant annexed v~ will
zone and annex the way they want their property put together and it is all over the
board. I don't know that a Circle K or a convenience store is an appropriate facility on
the corner of tv~o section line roads in terms of aesthetically or technically in getting in
and getting out and the traffic issues that we have with ingress, egress and other things.
So I think it is time that we seriously question how we are looking at annexations given
the fact that unless Boise has a special set of rules that they get to follow that nobody
else in the state gets to follow we need to be looking into those things and figuring out if
we have another solution other than this in my opinion.
Rountree: I can't see the map from here, what is designated at that intersection?
Stiles: Agricultural.
Rountree: We maintain agricultural all around that treatment plant.
Stiles: Rural Residential
Rountree: I guess I misunderstood, this is just somebody's concept idea, this is not
being proposed (Inaudible) just an idea (Inaudible). Is this a result of staff working with
them to get (inaudible) with the sewer plant.
Stiles: Jahn Shawcroft has been working with Larry Peterson and actually requested
him to be annexed into the City.
Rountree: (Inaudible)
Meridian City Council • •
June 17, 1997
Page 32
Stiles: We tried the Leonard Husky which would be along the creek there.
Crookston: Has anybody talked to Mr. Husky?
Stiles: Fred Putzier from the treatment plan has talked to him. I guess he is a little hard
to get a hold of.
Crookston: The last I heard Fred had not talked to him.
Smith: Fred has talked to him and he is not interested.
Morrow: What is your pleasure, do you want to discuss other options. I think if I am
understanding this correctly if we want to annex this is what we get.
Rountree: I think there are some good things here in terms of buffering the treatment
plan and the use of a surrounding area (Inaudible) rural agricultural. There is a question
of how that relates to our zones and our (inaudible) R-4 development right adjacent to
the sewer treatment facility or even (inaudible) next to it.
Tolsma: (Inaudible)
Rountree: I guess I am not under the impression that (inaudible)
Stiles: That is all it is, they are not saying take it or leave it. I just asked John to talk with
them about what they foresee happening to their property because it is real hard to
annex somebody when you have no idea what they want to do. If this is truly what they
want to do we have to deal with the zones that will accommodate that or if there is even
the possibility of these things and maybe we just need to get Mr. Peterson here and go
over it. I certainly don't want him to go to the trouble of preparing a bunch of surveys
with different zones and then tell him forget it.
Morrow. I think the sense of the Council is that it is an open discussion and certainly w~e
ought to pursue that. But I also think that what they are saying is that under no
circumstances would vve give them that they ought to go forward and prepare legal
descriptions and so on. I think it makes sense to have those discussions but I think
more importantly we need to find out what the rules are that apply to Boise that we can't
seem to apply to us. And clearly begin to understand the annexation process within and
how it works and how it has worked then we need to press forward exploring the other
options too. So I think that at this point we move forward on both fronts and then we
pick the one that is in the best interest of the Citizens of ineridian.
Stiles: Well I will get the information from Boise City.
Morrow. Shari the thing is I am really serious about this, we labor under the impression
that we can't do certain things but Boise has been doing them for over ten years and I
Meridian City Council • •
June 17, 1997
Page 33
have been a participant in one of them. So I know things are different there. f know that
we are looking at it incorrectiy based on my own personat experiences. So I want to find
out what the facts are.
Stiles: I think this 5 acre minimum though is not, is less than ten years old, the five acres
or less in the State code as far as the annexation.
Crookston: 1 don't believe that it is.
Stiles: You think it is older than that?
Crookston: I believe so, but I think what the City of Boise does do is if you want anything
from the City of Boise they are going to say we will do it if you sign an agreement tha#
when we become adjacent that you wilt be annexed. I don't know the circumstances
that you are talking about Mr. Morrow.
Morrow. The circumstances that we are talking about is the annexation notice shows up
and we fight like heck to be not involved in the annexation and it was too bad, so sad,
your are in, goodbye. End of story. Same thing was true Wayne on the proposal in
terms of the annexation of the whole southwest portion of Ada County and Northwest. It
is the same type of deal. That is the one that is (inaudible) there is something very
radically different here than what we believe. 1 think we need to research that and find
out what tMe facts are and press forward.
Stiles: What v~u1d you like me to tell Mr. Peterson? That vu~ are still researching the
annexation route?
Morrow: 1 think you tell him we are researching the annexatian route and we are
researching his proposal and we need to find out if that in fact is just a proposal and
open and flexible or if it is what they want and it is semi-cast in stone. Thank you very
much. Chief?
Gordon: Nothing Mr, President.
Morrow: Will you had an issue.
Berg: Wayne Crookston and I jointly have an issue. I got a response from ICRMP
concerning those joint agreements with the school district. I gave you a copy of what
their notes were to me, I gave a copy to Wayne for him to review. I don't know if he had
time to review that yet. Bu# they brought up a couple different issues. One of their
concerns is the cross identification by both parties. I don't know if Wayne had time to
review that but I did get that information and I did get it today.
Crookston: I did review the fax that I got from Will approximately 3:30 this afternoon. {
have not been able to get to the proposed agreement between the school district and
Meridian City Council • ~
June 17, 1997
Page 34
the City for the use properties for recreation. I would have to do that before I can make
a recommendation. In the ICRMP comments they talk about a question about
indemnity, they say that no exposure noted, they say might suggest meaning I assume
X dollars indemnification by both parties. They talk about liability insurance and
damage. State Law will not allow additional name insured under one policy. The
comment that ICRMP meets or exceeds policy limits required by Joint School District
No. 2 is that they can furnish certificates of insurance. There is no exposure for liability
under property damages, (inaudible) note that there is no exposure noted for non-
assignability and the same comment on miscellaneous. I need to review the proposed
agreement between the school district and the City to see how that is structured.
Morrow. Would you feel comfortable if vve put this on the agenda for our next meeting.
Crookston: I certainly would.
Morrow. Mr. Clerk would you put that on the agenda for the next meeting and then we
will have Mr. Crookston give us a report and take action.
Berg: 1 sure will, I do recommend that maybe Wayne call Bob Rutan from ICRMP to
discuss it further. I do want to just make a point that ICRMP is our insurance carrier,
they are willing to vwrk with us. If there is a question of anything get to me and we will
get to the right people, their attomey staff and loss claims staff.
Morrow. Gary let's address the issue now with respect ta CESCO.
Smith: Mr. President and Council members, Councilman Morrow called me today asking
me questions about the status of the building permit for CESCO. He referenced that
CESCO had been issued a stop work order today by Fire Marshall Skip Voss.
Subsequent to the telephone call from Councilman Morrow I went to the fire station and
talked to the Fire Marshall. He had issued a stop work order because CESCO's
contractor was proceeding with structural steel above the foundation and a building
permit has not been issued for that building. A foundation only permit was issued which
includes the footings, foundation and concrete slabs as I understand it. I have not been
able to talk to Daunt he did not come to the office after Councilman Morrow called me.
So I don't know exactly the status of the plans that were submitted by the architect for
CESCO in mid-March. Apparently there were plans submitted for review and our
building inspector Daunt Whitman sent these plans out for comment in mid-March. Skip
maintains that these plans were in his mind preliminaries that they were not stamped by
an architect. Following the dissemination of those plans a foundation permit was issued
I don't know when that was done. But it was issued. Skip gave me a copy of a fax that
was received by Daunt on June 11 from Dennis Davis who does commercial plan
review for our building department, that date was June 11, Those comments from
Dennis Davis vvere a result of his review of the commercial plans to determine their
compliance with the Uniform Building Code. Skip further tells me that he does r~ot look
at a commercial buiiding plan until he receives comment from Daunt or his consultant in
Meridian City Council • •
June 17, 1997
Page 35
this case Dennis Davis. The reason that he doesn't look at the plans is that the review
by Daunt's consultant sets the occupancy level of the building, it also determines the
building construction type. Skip needs to know those two things in particular before he
can make his review of the plans. He further stated that generally speaking within a
couple of days after receiving those comments from Daunt that he can have his building
plan review complete. On June 16th no building permit had been issued to CESCO,
Skip was travelling to Boise on the interstate and noticed that steel was being erected.
He got back to Meridian and called Daunt, asked him, told him wha# the situation was,
asked him if he wanted to take care of it or if he wanted Skip to take care of it. Daunt
according to Skip told Skip that he would take care of it. Later that afternoon Skip, I
guess he went out there and nothing had been done so he issued a stop vwork order. He
then received final pians that afternoon that had architects stamp, signature on them.
The contractor is continuing to pour his concrete work and Skip doesn't have a problem
with that finishing that out. Skip anticipates that he will have his plan review done by
Monday or Tuesday and he has so relayed that to the contractor I believe. So that is
the status of CESCO building permit. I have not been able to talk to Daunt because he
did not come back to the office this aftemoon. I got this information together as quick as
I could for Councilman Morrow and he asked me to bring it before you tonight for your
information and or any action that you may wish to take.
Bentley: I have a question for you Gary, is the procedure he follov~d is he correct?
Smith: I don't know Councilman Bent{ey because I haven't foNov~red what Skip does that
closely. I have just been trying to make sure that when the plans some through the front
door that they are distributed, that Daunt distributes them to the necessary people for
review. We try to get those comments back in a timely manner so that the project can
continue on and proceed with the building permit. I don't know actually what the status
of those plans were that they received or that he transmitted for comment in mid-March.
He did show me, Daunt did, 1 talked to Daunt previously about this because it has been
held up and Daunt showed me a capy of his transmittal sheet where he transmitted a
copy to the sewer dep~rtment, water department, fire department, Shari, public w~orks.
Bentley: Thank you
Morrow. If 1 may for this point, I think there are several issues here and the reason I did
tour the site this afternoon after the phone call the site is in a rough grade putting in
foundation slab shape. They are ececting red iron. They do have live water to the fire
plugs, the point if you will recall was is that due to some delays, there was a five month
delay in us getting the stuff done. At the last City Council meeting when woe got it moved
off dead center we instructed the staff to get a building permit process done and get it
up and moving directly. The issue also presented by the CESCO folk and this is an
example where real world problems come into play with govemmental problems and
fofk not responding in a timely manner. These folks as they testified have to be out of
their building that the City of Boise has at a date certain. There is no flexibility. And so
the issue is that are we going to stop their construction which there are no
Meridian City Council • ~
June 17, 1997
Page 36
combustibles in terms of the type of construction at this juncture it is all steel and
concrete. The sake that if Skip is going to have his review done in 7 days and not
knowing what was presented to him in mid-March I w~ould suggest this to you. That
building ratings are mandated by building codes and archite~ts and engineers in the
submittal of their building plans typically put a building rating as to type of construction
on those plans. The #hing that Gary is referring to on the part of Mr. Davis woutd be a
confirmation would be building ready and type of construction. It is not Mr. Davis's or
the Building departments responsibility to put that initial rating on those plans. That is
up to the architects and engineers to do that. So, I don't know what those facts are and
how this got in this mess. But the issue is in my mind after looking at the site and
wanted Gary to review it and wanted the Council to make a decision whether w~e leave
the stop work order in place. Part of the problem as I understand it is their steel erection
crew is from Twin Falls and is not willing to sit off site for seven days to wait for a permit
that may come. What they will do is leave the site and go to another job and then come
back whenever they can come back. The point is that I told the job superintendent that
we would address the issue at tonight's Council meeting that they could leave their pour
scheduled for tomorrow moming in terms of their slab v~rork on going. And that they
could leave their erection crew ~nrorking tomorrow pending a decision tonight by the
Council as to what it was we wanted to do. And that the Council decision was to honor
the stop work order that it would be effective some time tomorrow afternoon or at the
close of work tomorrow and I woould take responsibility for that at that time if the Council
opted to have the stop work order removed then they could press forward as they are.
So those are the issues that brought us to this point this evening. The decision is
essentially yours (inaudible)
Rountree: You bring up a good point that the last time this was here v~ were begged
and implored to get this thing going because of all kinds of convoluted reasons. That
was our action to expedite this thing and get the building permits issued and get this
thing under way. I virould support that we continue to do that if there is no obvious fire
hazard (inaudible) questioning the fire Marshall stop order on a construction project
(inaudible}. Be that as it may (inaudible) proceed forvvard so they don't have remobilize
their erection crew (inaudible). And maybe with the understanding that v~e did take
(inaudible) •
Morrow. I think the bad side for them is the date certain af when they have to be out
they have to have a roof over their head.
Bentley: I would agree too but I have a question as to whether he was following what he
is supposed to do or as Charlie pointed out is that a job for the building inspector and
not the fire Marshall. I guess we have addressed these things in part when we are
taking a look at who is doing what and whether the communication line broke down and
he didn't get the message that this job is to go. But I too feel that if we don't have a fire
hazard there vve should get it going.
Meridian City Council • •
June 17, 1997
Page 37
Morrow: The only thing 1 can give in terms of an answer of whether a fire marshai has
the capability of doing a stop work order at this juncture I have never seen it done in my
career. He may have that capability but generally speaking you don't see stop work
orders on the part of the fire marshal until there is some sort of regular inspection. There
will be a non-occupancy issued or if there is some sort of imminent hazard. And beyond
that in the course of normal construction if there is a stop work order to be issued it is
usually issued by the building department official. That is al{ f can tell you. Is there a
motion on the part of the Council to press forward or not press forward as the case may
be?
Tolsma: Mr. President I would move that we authorize the building department to
proceed on construction with the CESCO project out there post haste.
Rountree: Second
Morrow. It has been moved and seconded to authorize the building department to issue
instruction to CESCO that they are to proceed with their construction of their facility, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Mr. President, clarification, you want the building permit issued tomorrow then?
Morrow: No, v~ want the construction to continue on at CESCO and the building permit
to be done as quickty as possible.
Smith: So the stop work order is to be lifted then.
Morrow. The stop work order is to be tifted at start of work hour tomorrow morning.
Rountree: And they can proceed at their own risk.
Morrow: That is exactly correct, it is just exactly like that. If there is something on their
plans that they have done incorrectly that is at their own risk. We are allowing them by
virtue of this motion to press on with their construction. Building permit process will
continue forward. They are going to be on the quick start footing and foundation slab
site work permit they proceed at their own risk. But obviously they are willing to take that
risk.
Smith: They are in violation of the ordinance.
Morrow: In terms of?
Smith: They are proceeding without a building permit.
Meridian City Council ~ •
June 17, 1997
Page 38
Morrow. Essentially that is correct and they proceed at their own risk but the stop work
order is off.
(End of Tape)
Smith: (Inaudible) with respect to the provisions of the ordinance that w~e try to enforce.
We have certain rules that we are bound to follow. And these rules have been
established by the City Council of the City of Meridian. VVhen w~e deviate from those
rules or ordinances then we as staff are putting ourselves I think in a very precarious
position. If what Skip has done is not part of the Uniform Fire Code which the City
Council has adopted or if something that Daunt has done is not part of the Uniform
Building Code as has been adopted then we have a problem I think w~e have a liability
problem. The City Attorney maybe could expand on that. I don't know what point the
staff says well this is okay you can go ahead and do this even the ordinance says you
can't,
Rountree: I guess to answer that we are not asking staff to do that. Staff did what staff
felt they needed to do. In this case issued the stop order based on the issues of this
particular project and the things that have progressed rather slowly and are corttinued
discussions on it. I view it that the Council is not establishing a precedent for staff to
follow but in this particufar case making a decision that staff has done what they are
directed to do, w~e feel however it is our decision to either override that or provide
additional direction of how to expedite this thing. As far as the liabitity issue that is his
question.
Morrow. I think Gary the convention thing with respect to any and all buiiding codes is
that city council or adopting agency has the right to adopt any all part, make exceptions,
do whatever it wishes to do. The staff doesn't have a liability issue because the Council
and #he City are the ones that accept that liability issue. In this case the council is given
the direction that we want to press forward with the project. Part of the issue here also
is that we are pressing forvvard with the project because at least in my opinion we have
unduly delayed that project by not performing very well on our part. So, and I think that
in the coming weeks based on the executive sessions that we are dealing with you wiil
see some resolution to this issue that we are talking about now in terms of what it is that
we as a Council and the direction that we wish to follow. 1 think that is all that I am at
liberty to say right now.
Bentley: I would like to say that I agree with Gary's observations we do have ordinances
in place and the staff does need the direction. Our plans are to provide the directions . I
am also in agreement that we have had a foul up here that has caused these people
some d~lay that we are trying to get around to. 1 appreciate your comment.
Crookston: I believe that the fire marshal does have the authority to issue a stop vu~rk
order if he believes that under our ordinances he has that a~ility to do that. I think that if
the Council desires to have this v~rork go forward that at a minimum you should say that
Meridian City Council • •
June 17, 1997
Page 39
they can proceed with doing the work that they need to do if that is their selection to do
that. Bu# they cannot do anything until they have their proper permits, the building
permit and whatever there are beyond the foundation permit. They can continue to do
their work if it is not a fire problem. 1 don't think this Council is wise at all to say they can
go ahead and do the work whatever they need to do to get this structure con~tructed.
But if there is a fire problem t think that is the line that the Council should say no we are
not going beyond that.
Rountree: Well I guess that is what I understood and maybe Ron vaould clarify his
motion to make that understood.
Tolsma: Well I don't think I have a problem with hanging red iron or concrete (Inaudible)
I think maybe proceed wp to a point where it becomes a fire (inaudible) flammable
material but that shouldn't be within seven days if he gets (inaudible)
Morrow. Maybe what w~e ought to do then is withdraw the motion and have the motion
state something that w~e are instructing the staff to pull the stop w~ork order and CESCO
is to proceed with their construction. We are giving them and the staff ten days of which
to move forward. The staff must issue a building permit in the ten day period and that
CESCO wili have ten days worth of construction without that building permit. Or at such
point that combustibles are used on the job or in the project.
Tolsma: (In~udibte)
Morrow: (Inaudible) leave it like w~e passed it.
Toisma: (Inaudible) change the motion then that we instruct staff to issue the building
permit within seven days, but they can proceed with construction as such so that it does
not cons#itute a fire hazard.
Morrow: Well if you are going to do it you have to withdraw your motion and then you
v+rould make a motion something to the effect that you instruct the staff to remove the
stop v~rk order to have the building permit completed within a seven day period and to
allow CESCO to continue construction as long as there was no combustibie
construction in that seven day time frame.
Crookston: I v~rould say (Inaudibte) so that there are no combustibles I w~ould say so
there is no ability for the City to issue a stop wrork order for violation of the fire codes or
the building codes. I don't think you want to leave it as open as what you are talking
about. You people have the authority to do what you want to do there is no doubt
about #hat.
Morrow. So what do you want to do?
Tolsma: I withdraw my motion.
Meridian City Council • ~
June 17, 1997
Page 40
Rountree: I withdraw the second
Morrow. The motion and second have been withdrawn, do you wish to create a new
motion?
Tolsma: I am r~ot for sure how to create the thing, the attomey is over there creating
something and you are creating something else and the staff is creating something else.
Morrow: Well I think clearly the final responsibility here belongs with the Council. The
staff will do what the Councit instructs them to do. Final liability belongs with the City.
Tolsma: Atright the motion would be to remove the stop w~rk order and let CESCO
proceed with the concrete and the red iron construction for construction thereof does
not constitute a fire hazard or a detriment to the building department.
Morrow. Do you want to instruct the building department to issue a building permit within
seven days?
Tolsma: Yes, and I would instruct the building department to issue a building permit
within seven days maximum if the requirements are met.
Roun#ree: Second
Morrow. lt has been moved and seconded to instnact the building department to remove
the stop work order tomorrow morning and that CESCO is allowed t~ proceed for the
next seven days with construction that is of a non-fire iiazard and that the building
department is instructed to issue building permits having met the requirements within
seven days, all thase in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Mr. President since the fire department issued the stop vwrk order is the fire
department supposed to lift the stop work order then?
Morrow. That w~ould be the proper way to do it, but it doesn't have to be that way. The
building department official Daunt can remove it.
Crookston: i think the fire department is one entity and the building department is
another entity. And they are the same level ! think the Fire Marshall has to do that.
Morrow. That will be fine, Councilman Tolsma will instruct the fire department to remove
the stop work order. Department reports, Wayne?
Crookston: Nothing
Meridian City Council • •
June 17, 1997
Page 41
Morrow: Glenn?
Bentley: I have an intero~ce memo from Mayor Corrie, he is submitting the name of
David P. Moe as a member of the Meridian Parks and Recreation Commission as a
replacement to Mr. Dave Costello. So I would offer that up as a motion to accept Mr.
Moe.
Morrow: Is there a second to the motion for the appointment of David Moe to fulfill the
remaining time in the seat that was occupied by Dave Costello?
Rountree: Second
Morrow: Moved and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. Please call Mr. Moe and offer his our congratulations or condolences as the
case may be. Tell him how much is left in his tour and his number may be on his
resume. Next issue Glenn?
Bentley: Yes, I dropped off a bunch of packets for everybody concerning the train issue,
the commuter train. I would like to ask you if you have thought about making a
contribution for the demo project.
Morrow: I think Glenn we can think about that but I think that is a budget item that we
have to budget for next year.
Bentley: Right it would be in next year's budget.
Rountree: I guess there is another point in terms of soft match or soft support in that
there is going to be a requirement for volunteers in terms of traffic control at rail road
crossings and those kinds of things that we may be able to get some off duty officers to
participate in that and cover their wages and time as opposed to a hard cash kind of a
thing. We need to talk about those kinds of things and I don't know if you talk to the
chief about that.
Bentley: We talked to the chief. The discussion the chief and I had w~e w~ould cover the
City, the county can cover the county crossings.
Rountree: And there is an issue of a loading ramp.
Bentley: That is being looked at by another group the are talking about making
(inaudible).
Meridian Gity Council • •
June 17, 1997
Page 42
Morrow. Charlie?
Rountree: Last evening the Parks and Recreation Commission met, Mr. Morrow was
there representing Western Ada Recreation District. The one action that they took and
voted unanimously was to recommend to the City Council that w~e pursue the addition to
the City of Meridian's staff a Parks and Recreation Director and a job description as
provided here with annotations from the parks and recreation Commission. I think
everybody had a copy of that now for your consideration. We need to evaluate the job
description and make sure it takes care of everybody's issues with that. The other thing
we would need to do is establish a salary scale and the third thing we would have to do
is take some kind of action and either doing this or not doing it. So 1 will just offer you
the job description for a consideration. We have I believe sufficient budget in the Parks
and Recreation Department to employ this person as soon as possible. We would have
to do a budget adjustment. So for consideration, the Parks and Recreation Commission
would like to have this done as soon as possible. And maybe we can talk about this at
our next scheduled planning session and maybe take action in a couple of weeks or so.
Morrow. Did you want or I might suggest we put that on our agenda for our July 1 gt
meeting for action. I am not sure that we are going to get a planning session scheduled
because the conflict. Glenn isn't our deal with the Ada County Commissioners the 24"',
Tuesday night. That would be our normal planning session. What other nights do we
have for planning sessions in this term?
Berg: (Inaudible)
Morrow. Why don't you look at your calendar and see what you can do and w~e will try to
get one in. But failing that let's have action on this at our next Council meeting. So
make sure (inaudible)
Rountree: (Inaudible)
Morrow. For consideration and action, we will adopt a job description or at least do the
determination of what it is we want as a job description. We will talk about salary range,
we will talk about advertising for the position and the qualification process whatever that
might be.
Rountree: I do have a report that Will put together, I don't have a copy with me tonight
but ! will get it in everybody's boxes. It is a summary of the State of Idaho by City by
population and it gives salary ranges about every City and they range everything from
$11 an hour to $28 an hour. Big ranges, anyway it is quite a range but it is an interesting
chart. I will do some checking with some folks I know and whoever has contacts in
those kinds of areas (Inaudible). I guess (inaudible) we want to get somebody that is
qualified and can come up and running (inaudibte) get that out of your hair. The other
thing I have, last evening we had a presentation from Dennis Summers on bringing the
softball field the Harold Cox field up to a full fledged facility for softball with dug outs and
Meridian City Council • ~
June 17, 1997
Page 43
fences. It is something on the order of $6000 or less money that we do have budgeted
for fence and might have to realign some items in the budget to take care of that. But 1
am suggesting that consider a budget adjustment in the Parks and Rec. budget to get
that done. Shari has a question on that.
Stiles: I talked with the attorney at AI Lance's office today and they indicated the $4000
we got in the Reebok settlement tv~o years ago that was geared toward a fitness course
at the 8t" Street park. He thinks that we would be able to use that for a back stop but he
just wants us to write a letter of request and he thought he could tum it around in about
a week but he didn't see a problem with that. And that is $4000.
Rountree: You might get with Dennis and Gary on that and get that done and wre could
apply (inaudible).
Morrow. Let me ask you this somebody said today that the softball field comes at the
expense of some soccer dirt, fall soccer dirt. Are you aware of that or is that
Rountree: Yes, that is why a portable fence is being considered. They don't necessarily
overlap or the fence can come down and the soccer kids can play on it on the
woeekends and the softba{l peopte can play on it during the evenings. But they have
worked that out to some degree, I know Will you have a comment on that.
Berg: t was under the impression that field was just primarily soccer in the fall because
he keeps people off of it during the Spring because it gets torn up and just have the
softball on the spring and summer and then total soccer, practice and games on
Saturdays. That is what I was under the impression.
Rountree: I got no feedback from anybody involved in putting this together that there
was an issue with scheduling. If it could be done it could be make to vrrork. It was going
to take some s~heduling but it didn't it wasn't particularly an issue (inaudible}
Berg: I know that the Soccer is pushed off in the spring time and so Dennis pretty much
accommodates them in the Fall. I can find out and make him call you and tell you want
the whole story is if that is the case.
Rountree: I know that soccer is off but right field and part of center field in that facility is
not (inaudible)
Berg: I am just concerned if the alleged promise is for practice during the week and
games on Saturday where does the softball come in and how much effort is it to tear
down the fence and put it up the fence. I am just concerned about that.
Rountree: I understand and it is not identified as an issue.
Meridian City Councii • •
June 17, 1997
Page 44
Berg: I would rather see a four plex softball someplace that is first class and put your
money there and leave that to the limited parking we have at Story Park.
Rountree: We are only talking about one field and it would be the only field we have at
this point in time.
Smith: Mr. President, Charlie, when you say a budget adjustment do you mean just an
adjustment of a line item or are v~ talking about a Council adjustment of the budget?
Rountree: Just a line item.
Smith: Sb we need to scrounge $6000 out of the budget sameplace to build this thing?
Rountree: Well I think we have the money in the fence allocation.
Smith: We have $1 Q00 in the fence, if Dennis doesn't start speaking up at these Parks
and Recreation meetings there isn't a sense for him to be there.
Rountree: He made the presentation. He made the presentation of what it vu~uld take
and what it w~ould cost and 5eemed very favorable to do it.
Smith: Well when he came to my office this moming it was not that way.
Rountree: Walt was there last night as well and it did not come across that there was
any issue with any of this.
Morrow: I have to tell you Gary the thing is and I am sorry for interrupting the thing is
Dennis did a heck of a presentation. I came away from there convinced that this is a
done deai let's get on down the road. Our conversation was that according to the
ordinance anything over $600 in terms of a line item adjustment has to be approved by
the Council so let's get it going. Now today I am finding out that Dennis apparently has
some great reservations and if that is the case gosh darn it you are absolutely right any
employee has an obligation to present both sides of an issue and say this is a great
doable deal but you have to deal with these other things also. Like your points tonight
and Wayne's points tonight in terms of CESCO building permit thing are exactly what it
is you are supposed to do. You are supposed to throw out what the red flags are and
then the Council can make the decisions as to what direction they want to go. I have to
tell you Gary it was a heck of a presentation, the guy did a real4y great job and I don't
even play the sport I was ready to go.
Smith: Well 1 am sure we can find the money somewhere in there. I know we only had
$1000 budgeted for fence repairs in the park. We will just have to pick money out of
some other part of the capital improvements part of that budget.
Rountree: There will be some money donated by March for Parks out of that fund.
Meridian City Council • •
June 17, 1997
Page 45
Smith: How much was that, I gpt in on the tail end of her presentation tonight. Did she
say $1800?
Berg: That is stiil an adjustment that has to be approved because it is a revenue in.
Rountree: They have I think from that something on the order of $5900 to apply to
various things in the parks area. Their desire was not to apply all of that to the softball,
my guess is somewhere between $500 and $1000 and probably more like $500
because I think they want to do the play ground equipment for Tully Park with the
majority of that money. Somebody else indicated that there would be some other funds
available that would be donated or could be donated. I guess the $4~0. Let's talk
about it, if it is going to cause him grief then let's resolve the grief. I would like the
Council to at least authorize we do it if it is not going to create a big problem. The other
thing is we have to two groups out there pumped up about it.
Berg: 1 would just say that Dennis will do whatever you tell him to do. And #hat is
probably part of his willingness to (inaudible) He has expressed to me that he has been
fighting this ali month. That he expressed to me that he was ordered to do this and he
didn't know if he had any money to do it and 1 said do it and see what money it comes
up to. Because he is always a penny pincher.
Morrow. So our sense of direction here is that Dennis is to, Councit is in agreement that
we are going to go ahead and figure out the moneys and do the necessary budget
adjustments barrir~g Dennis presenting something outstanding to the contrary is that
your sense.
Rountree: That would be the motion I would make (inaudible).
Tolsma: Second
Morrow: It has been moved and seconded to proceed with the softball thing and
preparing the budget adjustment unless there is ample evidence presented by Dennis
that this isn't going to w~ork, all those in favor? Opposed?
MtJTION CARRIED: All Yea
Tolsma: (Inaudible) Medimont Subdivision out there they are out there with heavy
equipment pulling all of the grass off and there is dust blowing out there that you cannot
believe. You can't even see the houses out there sometimes the wind comes up. If you
want to drive out there and meet with those people you won't have to take your own
rope. Because they thought that everything had to be watered and irrigated and dust
kept down when constructed. They don't understand how construction got started
because the final plat has never even been gone through yet. Yet they are pulling all of
the earth off out there and there is some hostility in the air out there. I went out fhere to
Meridian City Council ~ ~
June 17, 1997
Page 46
look this afternoon well the wind was blowing strongly and at times you can't hardly see
the houses out there because of the dust. It filtrates, they want to know if the City
Council wants to do something about it. Or if they have to get their attorney to do
something about that.
Morrow: I guess my response v~rould be Shari let's find out what the facts are and get a
hold of them. Do we knovJ?
Tolsma: Well the final plat is here, vve haven't even heard it yet. It is for next month.
After pulling all the grass off the ground out there all there is is dust.
Stiles: They can do that any time they want. If they wanted to farm it, how do you do
that, there is no way. I don't think it is possible.
(Inaudible)
Stiles: f don't know what you do.
Morrow. Maybe what we do is I will talk with Jon Barnes.
Rountree: Do we have a nuisance ordinance? They are annexed so they are under our
ordinances that way so we have some control.
Stiles: How are we going to set that up, only on days when there is this much moisture
content in the ground, no wind.
Rountree: (inaudible)
Stiles: Would you like to talk to Jon first?
Tolsma: There is a tot of hostitity in that subdivision anyway.
Morrow: I will talk to Jon and v~ will see (inaudible) and I will tell the three of you guys
where we are at and then Shari I will visit with you. Very good, any other issues Ron?
We were going to do an Executive Session but given the fact that the air conditioning is
not working to heck with that. We will reschedule it for later in the vveek when the air
conditioner is fixed we will do one of those 4:00 or 5:30 deals is that agreeable. We will
figure it out. The last thing that I had is that I talked with Harold Hudson. His electrical
ordinance or the ordinance adopting his Electrical Code apparently w~e have never
acted on. Gary can you help me out there?
Smith: He submitted some comments to me some time ago and I have just never
brought them forward for your consideration. I will get those to Wayne. 1 guess I was
kind of waiting until we had some other comments to go in at the same time on the
Meridian City Council • •
June 17, 1997
Page 47
ordinance reorganization. But if you want to deal with them just separately I can get
those to you.
Crookston: We have an electricaf ordinance.
Morrow: We have an electrical code but he had some update. I think that we have not
adopted the latest code with revisions and his position is that the State Code applies as
a fall back anyway even though we haven't adopted. But he wanted to know the status
of that. So why don't you just visit with Harofd and tell him that is coming up in the
process now, that we did address it tonight. I guess Gary are we trying to put together a
p~ckage here of adopting ordinances for update. It is a different package than normal?
Smith: I guess I don't know what our electrical ordinance says so I guess I can't really
answer your question because it has been long enough since Harold gave those things
to me I don't recall what they say and what he is referencing.
Morrow. Why don't you and I take a peek at that and see if we can resolve it and then
we will bring it before the Council if that is the deal. Will, final issues? Is there a motion
to adjourn?
Bentley: Those envelopes i stuck in your box, one has the corrected proposals that we
put forth that we discussed the other night. There is another copy in there that has the
total proposals the way we want them. Just review them and get back with me so w~e
can get them finalized. (Inaudible) he said the only way to make this one pcogram work
is that both sides are there. If not he has a secondary program he can talk to just us
about.
Morrow: Any other issues anybody has on the table? Let's have a motion
Bentley: Motion to get out of here.
Rountree: Second
Morrow. It has been moved and seconded to get out of here, all those in favor?
Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 10:50
(TAPE ON FILE OF THESE PROCEEDlNGS)
Meridian City Councii ~ •
June 17, 1997
Page 48
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~ MERIDIAN CITY COUNCIL ~
AGENDA
TUESDAY, JUNE 17, 1997 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF SPECIAL MEETING HELQ MAY 27,1997: Q~1~~~
MINUTES OF SPECIAL MEETING HELD JUNE 3, 1997: ~~0,l~~'ov~e-
MINUTES OF PREVIOUS MEETING HELD JUNE 3, 1997: ~
/~~da~r~`' ~e ~ /'~1w~c~ l~ i~a~.lc~- ~~
1. TABLED JUNE 3, 1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY L~RIN SAUNDERS
~z~l~C ~~~' v~J !j~ /~~~. cslcze-~ ~-e~uclt
2. TABLED JUNE 3, 1997: REQUEST FOR ANNEXATION AND ZONING OF
APPROXiMATELY ONE ACRE O~ 15 BY LARRY ~ KAY HANSEN:
~l~e ~~ , rJ'~ ~`'~
3. TABLED JUNE 3, 1997: PREL MINARY PLAT FOR PACKARD SUBDIVISION
NO. 2 BY PNE/EDMONDS CONSTRUCTION w~~ S,
~~~ ~~ ~"~,~ l'~~ w~- ~ ~~
4. FINDINGS OF FACT Af~D CON~USIONS OF LAW FOR VARIANCE
REQUEST BY WINNIE ARD: ~~~fp v~e .~1~' ~ ~lL
~~rave -~~i a~z c.e__
5. PUBLiC HEARING: REQUEST FOR A VARIANCE FOR REDUCTION OF
FRONT AND SIDE STREET SETBACK BY A'a LLC:
~/e ~ ~f~Z~u~ ~ ~,~PGi,,e -~`l~ ~~~G
6. CONDITtO AL USE P RMIT FOR A CAR WASH WITH FUEL FACILITIES BY
STEVE LYONS AND STEVEN BAINBRIDGE:
~,~~ ~~~n.~ ~ ~~.~~ ~eW- ~/~ ~ ~l~
7. CONDiTlO AL USE ERMIT OR OUTSfDE SEATING BY WILD WEST
BAKERY ~ ESPRESSO - 815 E. 1 ST STREET: ~a,o~~~ ~lF ~' cf~
an~ y-a v.~ C u~
8. REQUEST FOR A BEER LICENSE FOR THE CIGARETTE STORE BY BOB
CUNNINGHAM: u~.,pr~,,,~,
9. REQUEST FOR HOOK UP TO CITY SEWER FOR 1695 S. LOCUST GROVE
BY AUSTIN PRQPERTY MANAGEMENT: ~r~v~^-~. _ ~~,~~C~s
10. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENG{NEER:
1. EXTENSION OF SEWER CLEANING 8~ CAMERA CONTRACT: ~~v~?'Irod~v
6. SHARI STILES, PLANNING & ZONING ADMINISTRATOR:
1. DAVID RUNDLE: IRRIGATION PROBLEM - MERIDIAN ROAD:
2. LARRY PETERSON, VWVTP, MIKE KING ANNEXATION PROCESS:
C. WILL BERG, CITY CLERK:
1. UPDATE ON ICRMP REVfEW OF JOINT AGREEMENTS WITH
SCHOOL DISTRICT:
CIT3~ OF MERIDIAN
PUB~C MEETING SIGN-IJlSHEET
NAME - PHONE NUMBER
CIT~ OF MERIDIAN
PUB~C MEETING SIGN-IJ~SHEET
~ .
MERIDIAN CITY COUNCIL MEETING: June 17 1897
APPLICANT: ITEM NUMBER; 10
REQUEST: DEPARTMENT REPORTS
AGENCY
CiTY CLERK:
CITY ENGINEER:
CITY PLANNING DiRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DIS7RICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: ~
SETTLERS IRRiGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUR~AU OF RECLAMATION:
COMMENTS
OTHER:
All Materials presented at public meetings shafl become property of the City of Meridian.
• HUB OF TREASURE UALLEY •
WILLIAM G. BERG, JR., City Clerk
JANICE L GASS, Ciry Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT; Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P& Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chtef
WAYNE G. CROOKSTON, JR., Attomey
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Departtnent (208) 887-2211
Motor Vehicie/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
June 6, 1997
Hanorable Mayor Robert D. Corrie 8~
Meridian City Council
RE: Extension of the Sewer Cleaning & Camera Contra~t
Gentlemen,
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chafrman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
I am presenting this letter to inform you of the progress of our sewer cleaning efforts and to
request permission to sxtend the contract with Municipaf Services Company of fdaho for an
additional $24,000.00. The project is abaut 1!3 complete with a contract finish date of August 7,
1997. Progress is steady with high quality wor4c being delivered by MSCI.
Victor Coles, owner of MSCI, has agreed to carry the same prices for the extension as for the
main contract. To refresh the council's memory, MSCI's bid for the project was $50,000 lower
than their nearest competitor. Our original intent was to bid a second contract before the end of
this fiscal year but this now appears impractical. Considering the time and cost involved in the
bidding process, I believe an extension would be in the best interest of the City.
Thank you for your time and consideration.
Sincerely,
:l<u -f=~~'~
John T. Shawcroft
Wastewater Supt.
~~
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, Ciry Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNfS J. SUMMERS, Parks Supt.
SHARI L. STILES, P& Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
~ HUB OF TREASURE VALLEY •
A Good Place to Live
CIT~ OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Suilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
MCIl10CdIlC~UIY1
To: City Council
Mayor C,o~ie
Shari Stiles
CC:
From: Dean Ehlert ~
Date: 06/ 17/97
Re: Irrigation problem at 337 N. Meridian Rd. (David Rundle)
GOUNCIL MEMLiERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z GOh"h~IGRION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
May 21~
Received a telephone ca11 from David Rundle regarding irrigation water. Mr. Rundle
stated he was not getting any irrigation water.
May 22°d
Met with David Rundle at his house located at 337 N. Meridian Rd. Mr.
Rundle described the route the irrigation water takes to reach his house.
Please see attached map.
May 23`a
Discussed situation and property owners where irrigation ditch is located with
Shari Stiles. Ms. Stiles contacted Rick Zamzow regarding open ditch located
along the west side of 203 E. 1~` St. (Tom Scott RV). Ms. Stiles was informed
that Tom Scott RV was responsible for maintenance of the ditch. Ms. Stiles
then contacted Gary Bodily, manager of Tom Scott RV. Mr. Bodily sa.id he
would clean out the ditch. I inspected the route of the irrigation water to
determine if other problems may have existed in order to get all problems
taken care of at one time.
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June 17, ?997
May 27`h
I met with Mick, manager at Les Schwab. I explained the situation with the
irrigation water. Mick described the work he has done to the irrigation pipe that
runs north along the east side of275 E. ls` St. He cemented around leaks and
removed plastic bottles, cups, and other trash that Mick felt was coming from the
Meridian Speedway.
May 2g`h
I called Marty Hill, Treasurer/Secretary with the Meridian Dairy Show Board. I
explained the situation and he said that Ken Hamilton, the person leasing the
property for Meridian Speedway was responsible for maintenance of the ditch. I
contacted Mr. Hamilton and he said he would talk with the Meridian Dairy Show
Board ta see what could be done. I contacted ACHD and requested the pipe under
ls` St. be cleaned. I was told by ACHD that the pipe could not be cleaned until the
resurfacing project on E, lst St. was complete.
June 2"d
Attempted to contact Jeff, ACHD supervisor responsible for cleaning the pipe. Jeff
was working Night Shift but was aware of the problem. I was told the ditch would
be cleaned June 9`h
June 4~`
I contacted Gary Bodily requesting the ditch be cleaned. I also contacted Mr.
Rundle informing him of the status of the ditch. Mr. Rundle said he had contacted
ACHD and requested the pipe under Meridian Rd. be cleaned.
June 9`n
Met with ACHD at E. 1 S` St. & Gem Ave. to explain the situation. ACHD cleaned
the pipe. I also contacted Mr. Hamilton to see what decision the Meridian Dairy
Board had made. Mr. Hamilton did not know but would contact the Dairy Board
and then call me.
3une 11`~
Contacted Mr. Gerry Mattison with the Dairy Board who suggested I contact Mr.
Bruijn, President of the Meridian Dairy Board. I left a message for Mr. Bruijn to
call me regarding the inigation ditch. I met with Mick of Les Schwab and provided
a copy of the City's ordinance regarding irrigation maintenance. Mick said he
would fax the ordinance to Les Schwab's legal dept. for their recommendation.
ACHD cleaned out the pipe under Meridian Rd. I contacted Mr. Rundle informing
2
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June 17, 1997
him of the status of the irri~ation ditch. Mr. Rundle stated he felt it had taken too
long and that three years ago when this same problem occurred, the Animal Control
Officer issued citations and had the problem resolved within ten days as required by
City Ordinance. I told Mr. Rundle that I did not have the authority to issue citations
or have the City correct the problem. Mr. Rundle stated he wanted to address City
Council and ask why the City ordinances were not being enforced. I asked Mr.
Rundle to submit a letter to the City Clerk requesting to be on the City Council
Agenda for June 17. Mr. Rundle said he did not have time for a letter and would
just show up. If City Council arrested him, so be it. I contacted Councilman
Morrow for assistance in resolving this problem. Councilman Morrow suggested
contacting Marty Hill, which I did and was told by Mr: Hill that the Dairy Board had
discussed the situation and would address the problem as soon as Dairy Days were
over. I also met with Gary Bodily to discuss what needed to he corrected with the
ditch located on his lot.
June 12~'
Les Schwab cleaned out heir pipe. I checked the~ ditch from Meridian Rd. to the
corner of Taylor Ave and Meridian Rd. In my opinion, sufficient amount of water
was flowing through this ditch.
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Primary Business Sponsor - 1,000 for more
Idaho Athletic Club $500; & prizes of 1 ea.: 1 yr, 6
mo., 3 mo. memberships ($677
value)
i-e c,~~l~~~
~ ~ e~-/ 7-~~
MARCH FOR PARKS Sponsors ~` ~~
Meridian Athletic Asso.
Police Activities League
Major Business Sponsor -$500 or more
Artech
T-Zers Shirt Shop, Inc.
Sanitary Services, Inc.
U.S. Bank of Idaho
Business Sponsor - $250 or more
Alaser Copy and Print
Albertsons
Borup Construction
Insurance Benefits Inc.
Meridian Plumbing
Meridian Speedway/Ken Hamilton
Productions
Community Sponsor - $125 or more
Awards'R~Us
Cherry Lane Golf Course
Chicago Connection
H & M Meats
Lucky Peak Nursery
$1,000 cash recd
Paid for printing costs of
$628.65, remainder $371.35 cash
($1,000 total) for grass seed
"March for Parks" banner ($500)
$500 cash donation & discount
costs for t-shirts
$400 cash recd + garbage service
$500 cash recd
set-up costs & artwork ($150)
hot dogs, chips, donuts ($250)
$250 cash recd
$250
$250 cash recd + water/cups for
check point ($25)
Season pass to speedway, auto
graph signing & race car, 19
ind. passes ($360)
plaques for recognition ($157)
prizes - 10 rounds 18 hole {$150 )
Pizza parties (up to $100)
hamburger patties & grill ($150)
surplus trees ($125)
• •
Meridian Ford $125 cash recd
Seal Co. $125 cash recd
Western Ada Recreation District $125 cash recd & swim season &
family passes ($337)
Program Sponsor - $75 or more
All American Insurance $75 cash recd
Body in Balance 12 insulated water bottles ($75j
Eddie's Bakery hot dog/hamburger buns ($2b)
Reel Theatre's movies passes/popcornJdrink
($125)
March Sponsor - $25 or more
A to Z Rentals fold out bed ($10)
Coast to Coast Hardware $25 cash recd
Costco
IIelta Iota - Beta 5igma Phi $25 off condiment cost
$30 cash recd
Farmers & Merchants State Bank $50 cash recd
"Fred A'Star" the Clown one hour entertainment ($50)
Foxtail Golf Course
Giesler's Auto Service 2 18 hole pass w/power cart ($22~
Idaho Screen & Frint $25 cash recd
art set-up costs ($30)
Les Bois Metro Online advertising online ($30)
Les Schwab Tire Center $50 cash recd
Meridian Quality Copy & Print copies, 2$25 gift cert. ($70)
Pioneer Federal Credit Union $25 cash recd
Power Bars treat sized bars ($50)
St. Luke's Meridian Medical Center bags, pencils, shoe laces ($30)
Treasure Valley Coffee coffee ($15)
() Inkind cash equivalent amount
Cash donations :
$ 5 , 330 ~~_~
,;ZR5$
a. ~.c~ $
~3~,
~-/73
In-Kind donations: _~ 3,514
Sub-Total $ 8,844
Pledges/donations
TOTAL $ 3,901 3~j~(p }~q~~5~74~ ~~~'~a} ~-~6~lulnt (Ib'Io~
less expenses $12,745
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PRIZES ~ AWARDS
Plaque awards (Donated by Awards R Us)
Top Fundraising School - Linder Elementary
Top fundraising Team - Boise Chapter 4~245 NAWIC
Largest Organized Participating Team - Silver Sage Girl Scout Council
Individual Awards
pre-K through Sth
Top two (2) fundraisers earn family season swim passes at Storey
Pool - provided by Western Ada Recreatian District
lst - RoAnne de Weerd $100
2nd - Christina Corrie $71.15
6th through 12th - top fundraisers
lst place: one year ldaho Athletic Club membership - Tara Huffman
2nd place: 6 mo. Idaho Athletic Club membership - Jen Kissee
3rd place: 3 mo. Idaho Athletic Club membership - Hailey Sereduk
Adult
Season pass for one at Meridian Speedway - Millie Hoyd
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~ CSA inc. DSN. 7031 Printed in USA ~~~•
~ • ~
BEFORE TSS ~RIDIAt~ CITY COiJ1~CIL
APpLICATIQl~ OF 1~1I1~I8 ARD
FOR ~,1 VAR~AI~CB FRO~+I 11-2-411,~„ 3~. 1f8ICH RR4U~RE8 A
1 r 4~~ gQV.eai~is g~ ai~ _~ ifia7 R"9t ~i~~'i
FINDxNt~B OF FACT A~D COPCLUSI0~8
The above entitled variance request havinq come on for
conr~ideration on June 3, 1997, at npproximately 7:30 o'alock p.m.
on said date, at the Meridian City Hall, 33 Bast Idaho 3treet,
Meridian, zdaho, the Applicant appearing through her
representative, John Vieweg, and the City Council having heard and
taken oral and written testimony, the City Council of the City of
Meridian makes the following:
FIIiDTltdB OF FACT
1. That notice of the public hearing on the va=ianee wms
published for two consecutive weeka prior to the scheduled hearinq
on June 3, 1997, the first publicati.on of which was fifteen (15)
days prior to anid hearing; thnt the matter was duly conaidered at
the June 3, 1997, hearing; that copie~s of all notices wtre
available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-415 E. , 11-2-419 D. , and 11-
9-612 B. l.b. of the Revised and Compiled Ordinances of the City af
Meridian; that this requirement has been met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE RBQUEST OF WINNIB ARD Paga - 1
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3. That 2-411 D, 1., requires single-family homes in the R-4
zoning district to have a minimum of 1,400 square feet; that
section reads~, in part, as follows:
1. ... all new single-family detached housing in the R-4
District shall be constructed to contain at least one
thousand four hundred (1, 400 )~quare feet of lfving apace
(garage not to be included in determining livinq space).
4. That the property is zoned R-4 Residential and the
description of that zone in 11-2-408 B, ZONING DISTRICTS, statas as
follows
~~ 4) Low Denaity Residential Di~trict - Only eingle-family
dwellings shall be permitted and no conditional uses shall be
permitted except for Planned Residential Development and
public echools. The purpose of the (R-4) Diatrict ia tcs
permit the e~tablishment of low density sinqle-family
dwellings, and to delineate those areas where pr~dominately
reaidential development has, or is likely to occur in accord
with the Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the intruaion of
incomgatible non-residential uaes. The (R-4) District allawe
for a maximum of four ( 4) dwelling units per acre and requires
connection to the Municipal Water and Sewer systems of the
City of Meridien.
5. The Applicant is the owner of record of the property.
6. That the Applicant has requested that she be qranted a
variance from the above requirement and be allowed to have a home
of 1,368 square feet rather than the requa.red 1,400 equare feat.
7. John Vieweg, the representative of the builder of the
home, testified that the house plan that Mrs. Ard wanted would not
fit on the lot so th~y narrowed it down and moved a few linee
around and tried to squeeze things to make it fit until she wns
satisfied with the house. He atated that he thought they ended up
with pretty much the same square footage and the discrepancy did
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUSST OP' WINNIE ARD Paqe - 2
• •
not come to anyone's attention until her appraiser, at closinq, did
some measuring and found out that they were about 30 to 40 feet
short and a little bit below the 1,400 square feet. At that time
Mre . Ard approached us and we aqreed to come before the Council and
try to get the variance. Se stated that they had talked to the
developer who did not seem to have a problem with the variance and
that they had met all of the requi.rements as far as public notice
and sending out letters to all the adjoining property owners. Mr.
Vieweg also testified that Mrs. Ard was the owner of record.
8. Bric Thompson, an owner of a house and lot near Mra . Ard,
te$tified that hie only concern with the variance wae whether it
would lower the value of homea around her home. He stated that hs
did not feel the variance was appropriate eince the subdivision ia
a minimum of 1, 400 square feet subdivision and th~-t there were eome
mistakes made but that he was looking at it from the cost or the
value of the homes around it being depreciated. He also later
testified th~t he remembered when the house was being built and in
the framing proaess, that they found out, and Mrs. Ard had not~d,
that there was a variance [requirement] at that time.
9. At the end of Mr. Vi.eweg's testimony he stated that it
waa prior to the house being completely conipleted when I was told
that there waa a variance someplace.
10. Councilman Mosrow etated that it seemed like an honest
mi.stake, that it waa not discovered by the City's Building
Department, that it was not found aut by the architectural control
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCB REQUEST OF WINNIB ARD Paqe - 3
• •
~onnnittee, and that all of the fail safe stops that were in plac~,
failed. He also stated that it would be a hardahip to al~ partias
to add an addi.tional 32 feet onto this house, that the houae waa
built to plans and specifications, and it was not discovered until
the final appraisal that the house was only 1,368 equare feet
instead of the required 1,400 square feet. That it appeared that
none of this hardship was caused by Mra. Ard.
11. That the City hae not received comments from the Ada
County Siqhway District, the Planninq Director, or City Engineer's
Department and if they are received they shall be incorporr~ted
herein as if set forth in full. The Meridian Police Department,
Fire Department and Sewer Department submitt~d commenta but did not
$tate that they had problems with the variance.
12. Also, the Central District Health Department and the
Nampa & Meridian Irrigation District did not submit comments.
13. That proper notice was qiven as required by law and all
procedures be~ore the Planninq and Zoning Conm-ission were followed.
CO~CLUSIONS
1. That all the procedurel requirements of the Local
Plnnninq Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant vsriances pursuant
to Section 11-9-612 of the Subdivision and Development Ordinanc~;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIS ARD Page - 4
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that 11-9-612 B 1. a. states that the variance procedure shall
follow requirements contained in 2-419.
3. That the City Council has judqed this agplication by the
guidelines, standards, criteria, and policies contained in thm
Zoning Ordinance the Subdivision and Development Ordinance aad upon
the record submitted to it and the things upon which it may take
~udicial notice.
4. That the City Council msy take judicial notice of its own
proceedings, those of the Connnission, governmental statutes,
ordinsnces, and policiea, and of actual conditions existing within
the City and the State.
5. That the following p=ovision of Section 11-9-612,
Variances, of the Development Ordinance is noted which is pertinent
to this Application:
11-9-612 A. 1. PURPOSS
The Council, as a result of unique circwnstances (auch a~
topographic - physical lim3.tations or a planned unit
development), may grant variances from the proviaiona of this
Ordinanae on a finding that undue hardship resulta from the
atrict compliance with specifia provisions or requirementa of
the Ordinance or that application of such provision or
requirement is ~npracticable.
6. That the specific requirements reqarding a variance
that muat be evidenced and found by the City Council are aa
follows:
1~-9-b12 A. 2. F 1iD;~, INQS
No varidnce shall be favorably acted upon by the Council
unl.esa there is a findinq, as a result of a public hearing,
that all of the following exist:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUSST OF WINNIE ARD Paqe - 5
• i
a. That there are such special circumstance~ or conditione
affecting the property that the strict apglication of the
provisions of this Ordinance would clenrly be imprncticabl~ or
unreasonable; in such cases, the subdivider shall firet state
his reasons in writing as to the specific provision or
requirement involved;
b. That the strict compliance with the requirementa of thir~
0=dinance would result in extraordinary hardship to th~
subdivider becauge of unusual topography, other physical
conditions or oth~r such conditions which are not aelf-
inflicted, or that these conditions would result in inhibiting
the achievement of the objectives of this Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurioua to other
property in the area in which the property is situated;
d. That such variance will not violate the proviaiond of the
Idaho Code; and
e. That such variance will not have the effect of nullifyinq
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
7. That there does appear to be a benefit, profit, economic
qain or convenience to the Applicant in that the Applicant would
have to add an additional 32 square feet to the house.
8. That there was ane person testifyinq at the public
hearing, but he stated that his concern was the posaible loee in
value to the homes surrounding Mrs. Ard's home.
9. That regarding Section 11-6-612 A it is specifically
concluded as follows:
a. That there are no speaial circumstancea or conditions
affectinq the property that the atrict application of the
provisions of this Ordinance would clearly be unreasonable,
but th~ Applicant is not the person or party that caused the
lack of the =equired square footage.
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to th~
Applicant ae a result of factors not self-inflicted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE RSQUEST OF WINNIL ARD Paqe - 6
•
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c. That the grantinq of the specified variance would not be
detrimental to the public's welfare or injurious to oth~r
property in the srea in which the property is situated.
d. That if this variance were granted it would not mean that
any other property or lots would have the ability to be able
to reduce the size of the homes constructed on them.
10. That it is concluded the Application should be qzanted
and the variance would be in the best intereata of the City.
APPROVAL OF FINDII~GiB OF FACT AHD CONCLUSIO~TB
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN MORROW
COUNCILMAN BBNTLBY
COUNCILMAN ROUNTRBE
COUNCILMAN TOLSMA
MAYOR CORRIE (TI$ BREARBR)
APPROVED : (/ ~ ~~'
VOTSD
VOTED~
VOTSD~
VOTED~~~
VOTFD
DISAPPROVBD:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCS REQUEST OF WINNIE ARD
Paqe - 7
~ ~ ~
DBCISIQN
Upon motion duly made and seconded, the Application of WINNIS
ARD for a variance from 11-2-411 D, 1. to have a 1,368 aquare foot
home rather than the required 1, 400 square feet, is hereby gratnted.
APPROVED: ~~~,~~'~' ~G~.~ DISAPPROVED:~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUBST OF WIAINIE ARD Page - 8