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HomeMy WebLinkAbout1990 03-20 A G E N D A MERIDIAN CITY COUNCIL MARCH 20, 1990 ITII~I: MINUPFS OF THE PREVIOUS MEETING HELD MARCH 6, 1990: (APPROVID) 1: PUBLIC HEARING• PuFiTM'rniARY PLAT WITH VARIANCE REQUEST THE VIIVEYARDS SUBDIVISION: (FINDINGS TO BE PREPARED) 2: FINAL PLAT ON LOCUST GROVE MANOR:(APPROVED) 3: PUBLIC HEARING: PROPOSID ANIENDME<VTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 4: REQUEST FOR CONDITIONAL USE PERMIT BY JP.CfC BRUCK: PROPERTY LOCATID IN "OLD TOWN ZONE": (APPROVED) 5: FINDINGS OF FACT' ON VARIANCE REQUEST BY INTECd9EST FINANCIAL: (APPROVED) 6: COVENANTS ON MERIDIAN MANOR # 6: (TABLED) 7: BID ON NEW WELL:(APPROVED) 8: APPROVE AUDIT REPORT: 9: DEPAl2'iMEDTP REPORTS: MERIDIAN CITY COUNCIL MARCH 20, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Max Yerrington: Members Absent: Bert Myers: Other Present: Chet & Lorraine Hosac, Interwest Financial, K. Beumeler, Ann Peterson, Gary Smith, Bill Gordon, Jim Johnson, Max Boesiger Jr., Max Boesiger Sr., Gary Lee, Rich Allison, Jack Bruck, Jack Smith, Walt Morrow, Wayne Crookston: The Motion was made by Tolsma and seconded by Yerrington to approve the Minutes of the previous meeting held March 6, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT WITH VARIANCE REQUEST THE VINEYARDS SUBDIVISION: Kingsford: At this time I will open the Public Hearing, if you wish to offer testimony please step forward and be sworn. Max Boesiger, 1399 E. Montery Drive, Boise, was sworn by the Attorney: Boesiger: As far as the arterials of Linder & Cherry we intend to put in a landscaped burin with a fence along those two arterials that would be maintained by the homeowners association. 98$ of the lots that lay within the project will actually front onto a quiet private neighborhood street with very minimal traffic. We've reserved a 4 acre section in the corner of this project for neighborhood service commercial shopping. This property is being served by an irrigation ditch which makes it fall under the Ordinance you have recently passed regarding delivery of irrigation to all lots in the subdivision. We like yourconcept of requiring irrigation water to each individual lot. First of all if we use a ditch for a source, as you know ditches are full of trash, moss, etc. and all of these things are real nuisances for clogging sprinkler heads, we anticipate that most of the houses will either right away or fairly soon hookup with sprinkler systems. Another major problem with using ditches is that the water conies into the ditch a month to late in the spring. The same thing happens in the fall. It has been suggested by some that instead of using ditch water maybe we need to go to shallow wells. The advantages to doing that would be number one it's not seasonal, the water is clean however, pumping from a shallow well is going to be more expensive of course than water that gravity flows to the pressure system. Plus I don't know whether pumping ground water would fit what your original intent of your ordinance was. I believe what your original intent was to use the existing facilities of the ditch irrigation systems that you have in existence now. We would also suggest that the City fathers take a look at maybe hooking up a central system that runs off of the City's dewatering wells that you have operating now. Because of these questions that need to be addressed, we are asking for a variance to the Ordinance and all we are asking: to do is to dry line in the irrigation pipe and go ahead and bury it, and put a stub out to each lot until we really have the time that it's tgoing to take to decide the direction we are going to take on this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #2 Another reason we would request this variance is our preliminary work engineering tells us that we'll probably need if we use a centralized system for this whole project, we'll probably need a 25 or 30 horsepower pump to run the whole system and that pump can't operate very efficiently until it gets 75,80,90 lots on. Orginally we also submitted a request for a Variance regarding the front widths on culdesac lots. we would like to request a variance project. wide on the minimum 70 ft. requirement for the cord length on a culdesac. Tolsma: On the pressurized irrigation system, when did you, you requested a variance against the pressure system - Boesiger: No, all we are really asking for is to,goahead and dry line in the pressure system, in other words bury the pipe but not actually create the source for the pressurized system. The houses would have to operate on domestic water for awhile. Kingsford: The thing that concerns me is that, the cross connection issue,: if they start out with a domestic system whey are going to be duplicating costs. Boesiger: That's perhaps another good reason for the variance. I believe that there is a good chance that many people will hook up to domestic water to save themselves the hassle that will come about from using ditch irrigation water. Tolsma: On the variance for the._wdth of the lots, you keep saying 40 feet do you plan on putting the width of these culdesacs down to 40 feet? Boesiger; The culdesac lot themselves the pie shape lots that I was talking about often times are 40 ft. ,.certainly not 70. Kingsford: Your not saying 40 feet at the set :back, you saying 40 ft. at the curb or at the property line. Boesiger: Yes, at the cord length. Kingsford: As I look at Gary's notes, our engineer, he's talking about them ranging from 50-65. Boesiger: In our Phase I we did widen some of those out. Kingsford: As we look at the irrigation system, how many lots are we talking about in phase I? Boesiger: Around 28. Giesler: I can't image it taking that long to work these problems out. Boesiger: I agree we need to get on it right away, but we need to have those answered before we can - we want to come up with the best system. Giesler: Do you have any problems with putting a well in, if that's what comes about. I think another thing that I see a problem with is in the ditches themselves, you're talking a pretty high price home here so undoubtedly if these people are. going to spend that kind of money for a home their yards are going to be nice also. Is the constant problem with weeds growing back in there from contamits in the - so I think that the well is a real good way to pursue this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #3 Boesiger: I agree with that to. I think it is the only practical solution at this point. One thing we haven't done and we need to do is maybe on a community wide basis we need to see how much money we are saving by pumping water from a shallow ditch as opposed to using domestic water. At this point and time the Ordinance doesn't really say or indicate to us how to go about it. Giesler: One of the main reasons for the pressurized system was to take the burden off of our water system. Another question I have is the amount of traffic in that area with that amount of homes in that area on Cherry Lane and Linder. Boesiger: I will direct questions like those to the engineer. Kingsford: A couple of comments, one as you look at the numbers, domestic wells verses what you do, whether it be out of the ditch or whatever, we are going to be looking at higher prices as EPA and others are hitting us. It's a good point that the wells could dry up. Gary Lee, from JUB, 1990 Turnberry way, Meridian, was sworn by the attorney. Lee: Basically tonight I would just like to make a presentation on what the preliminary plat consists of. The lot density is fairly low, it's 3.1 lots per acre. The improvements that we are proposing will be tieing the sanitary sewer service to the existing trunk facility that traverses along Nine Mile Drain, we will more than likely be tieing in in more than one place depending on what the depths of the sewer will be. Explained about the water system & fire hydrants. Cherry Lane and Linder will be widened a full lane. There are no lots in Phase I that will be in violation of the Ordinance they will all have the minimum 70 foot length at the setback line. The project will include City Street lights throughout. The landscape buffer along Cherry Lane and along Linder we'd like to place that in a seven foot easement that will be designated on the final plat and say future road right-a-way, so ultimately there will be an available 40 feet for road right-a-ways in those areas. In the meantime we will use that 7 feet for a landscape buffer. Giesler: There was a concern about possible septic problems on Lot 6 & 7. Is that a problem. Lee: No, we've addressed that problem. Giesler: It was brought up before about whether you knew the fence & burin could only be 6 feet high. Lee: Yes, we are aware of that problem and we are going to address that in the landscape scheme. Kingsford: Gary you are aware of the City's requirement for that 40 feet from center line on the section line. Lee: Yes. Crookston: What's going to happen when the roads widen what's going to happen to the burin? Lee: The fences will be put at the forty foot dimension. MERIDIAN CITY COUNCIL MARCH 20,.1990 PAGE # 4 Kingsford: That concerning the burin being removed when the road is widened needs to be identified on the plat. Is there anyone else who wishes to testify, if not I will close the Public Hearing. Your talking 28 in first phase, how many in the second phase. Boesiger: we should average between 25 to 30 per phase. The reason we went for three phases is to make that 25 hp. pump more effective. We like to be able to have 50 or 60 or more on before we fire it up, it would just make it alot more effective. Tolsma: You stated also that you might put five wells in with:5 horse pumps. Boesiger: That's just a idea that I threw out, that hasn't really been researched. Kingsford: One thing we might take a look at is a smaller well, if you go to a ditch you are going to be looking at a month prior and month after in an irrigation ditch. A smaller well might very well compliment your project. Boesiger: Again, we need to dig into that. Engineer Smith: At the present time the City of Boise has developed a task force committee that is proposed of a number of different people. There is slot of interest in using ditch water for the pressurized irrigation systems. This force is to investigate the use of the water and to establish standards. I would think within a year that there would be some kind of a decision made by the task force. One of the things that former Councilman Morrow was interested in was utilizing the water we have now instead of using our domestic well water. Kingsford: The first thing that the Council needs to consider is that we are looking at about 9 subdivisions, whatever is resolved here we are going to be asked for the same thing. I will reopen the Public Hearing. Max Boesiger Sr., 3710 Camborne, Boise, was sworn by the attorney. Boesiger: I believe you understand we are going to install the system as we go along. The best way to go about this is to study awhile longer. Our source is going to be at the far end of this project. Our next phases will be coming closer to the source if we decide to go to the ditch water irrigation. The piping will work for either system. Crookston: The requirements for the pressurized irrigation system is under our water Ordinances at the present time. Another thing that needs to be considered is if you are going to grant a variance for certain amount of time it would be similar to granting a variance to putting in roads, streetlights or something like that. You need to address some means to assure performance at the end. Kingsford: I will close the Public Hearing. The motion was made by Tolsma and seconded by Yerrington to have the attorney prepare Findings of Fact and Conclusions of Law on this variance request for the lot ,frontage and also for the water system. Motion Carried: All Yea: ITEM #2: FINAL PLAT ON LOCUST GROVE MANOR: MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #S Kingsford: Have you reviewed all of the comments from ACHD and so forth, do you have any problems with those? Engineer Smith: I received a resubmittal on the development plans and all of our requests have been made and everything is in order. The Motion<was made by Tolsma and seconded by Giesler to approve the•Final Plat on Locust Grove Manor. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Kingsford: I will open the Public Hearing. Being no response the Public Hearing was closed. Crookston: Explained briefly the proposed amendments. Giesler: Where do the statistics come from on the parking. Clerk Niemann: That's what Boise has. The Motion was made by Tolsma and seconded by Yerrington to approve the FIndings of Fact and Conclusions of Law on the Proposed Amendments to the Zoning and Development Ordinances. Roll Call Vote: Tolsma - Yea; Giesler - Yea; Yerrington - Yea; The Motion was made by Giesler and seconded by Yerrington to approve of the attorney drawing up the Ordinances. Motion Carried: All Yea: ITEM #4: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK: PROPERTY LOCATED IN "OLD TbWN ZONE": Kingsford: Is there a representative present for this request? Rich Allison was n'attendance to represent this request. Tolsma: When are theygoing to start the business here? Allison: The purchaser of the property is Mr. Jack Bruck. Probably about three years. At the present time it is his intention to rent the property:in the interim period. Tolsma: What ~s ahe conditional use for? Allison: The Conditional Use under Meridian, conditional uses are not an item that expires, in other words if he is going to acquire the property he wants to know at such time that he plans to use the property which is approximately three years, that he can in fact use the property for the purpose he's buying it for. Any other use of the property would of course have to be okay'd by the City Clerk since it's in the old Town Zone. Tolsma: Is there a problem knowing what's going to be there? MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #6 Allison: I don't think that there is a problem knowing what is going to be there. Gave example of uses of other locations. Crookston: My understanding of the wording is that it does give the City Clerk the discretion to determine whether or not a Conditional Use is required, if the proposed use is similar to what has previously been operating on that parcel. Allison: Yes, we have someone interested in putting in an upholstry shop, we don't know if the City Clerk would ok. The intention of Mr. Bruck is to know that at such time he starts a new business in Meridian that he can in fact use the property for that purpose. Crookston: The Conditional Use is reviewable by the Council at any time. Kingsford: I would hate to see our Main Street a used car lot. I am concerned about the numbers we have already. Tolsma: What about the clean-up of the property? Jack Bruck: Right now I can't tear down the house for three years that's part of the buying of the property. The house will be gone and that area paved with a fence around the whole area. The whole place will look different when it is done. Tolsma: If they do put an upholstry shop in or a starter generator shop how do you propose to address the parking? Bruck: The metal building I plan to fix up and there would be parking beside it plus that building could be parking inside it also. Tolsma: I would like to ask the attorney, to .grant a Conditional Use on something that your not sure what the use is is that feasible? Crookston: A Conditional Use is designed to fit various circumstances and you can condition it upon anything that is within reason. You can grant it on the basis that that be what's used, you can grant it for that purpose within three years and if there is a proposed different use that it come back in and receive similar approval. City Clerk Niemann: Now, if they granted this conditional use for this and they decided to do something different for the three years they'd have to get another Conditional Use and that would void this Conditional Use wouldn't it? Crookston: If we are talking any other zone than old town to change the actual use that is on the property would require another Conditional Use Permit. Giesler: This is kind of according to the application it's a little bit different than what I understood this project to be. 2 wouldn't mind tableing this for awhile to look into this some more. Allison: Just to clarify, we did submit a complete plan to show what would eventually be there. It's taken a year and four months to find anybody who has an interest in this property. The primary reason is that it was such a mess. The secondary reason being is that at such time I showed it to at least three users 2 could name one of which i discussed at some length with the City Clerk that there are piles of bones out on Bower Street in a garbage container and the lady that was going to operate the business there got yiolentlyangry and left. MERIDIAN CITY COUNCIL MARCH 20r 1990 PAGE #7 Allison: We are certainly willing to clean up the property. Parking could be provided off of Bower by the removal of a Cherry tree and some other things. If we are not able to complete an escrow tomorrow we will have to start completly over again. This has been an extremelydifficult complicated escrow and everything else to make this whole thing work. Tolsma: I find it very hard myself to grant a Conditional Use Permit for something that's not going to be there for three years. The Motion was made by Giesler and seconded by Yerrington to approve the Findings of Fact prepared to us by Meridian Planning & Zoning on Jack Bruck. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit for Jack Bruck with the stipulation that adequate parking will be made available as per Ordinance requirements. Motion Carried: 2 - Yea; 1 - Nay: ITEM #5: FINDINGS OF FACT ON VARIANCE REQUEST BY INTERWEST FINANCIAL: The Motion was made by Giesler and seconded by Yerrington that the City Council of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Tolsma to approve the Variance request for Interwest Financial. Motion Carried: All Yea: ITEM #6: COVENANTS ON MERIDIAN MANOR #6: Crookston: Clarified some of the wording. The Motion was made by Tolsma and seconded by Yerrington to table this matter until everything is clarified. Motion Carried: All Yea: ITEM #7: BID ON NEW WELL: Engineer Smith: Last Friday at 4:00 we opened the bids on the drilling of well #12, we received two bids, one from Pete Cope and the other from Wayne Stevens & Sons, the bid from Pete Cope was low, $53,647., the bid from Stevens was $69,880. Explained how process would work for the drilling of the well. The Motion was made by Tolsma and seconded by Giesler to approve the Pete Cope bid for well #12. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #8 ITEM #8: APPROVE THE AUDIT REPORT: The Motion was made by Tolsma and seconded by Yerrington to approve the Audit Report. Motion Carried: All Yea: ITEM #9: DEPARTMENT REPORTS: Chief Gordon: I would like your support and authorization. tc file an application for a Federal Drug Grant. The State of Idaho is administering a Federal Grant for Drug Enforcement Work. Explained briefly about the application that was filled out in conjunction with Garden City. There would be twc off;.cE:rs, one for Meridian and one for Garden City. With the Drug Grant, that would pay the wages of one full time officer and the electronic equipment to support that officer. The Motion was made by Giesler and seconded by Tolsma to authorize the Mayor to sign the Grant Application. Motion Carried: All Yea: Engineer Smith: At the last Council Meeting I briefly reviewed with you the proposed extension of sewer line trunk interceptor off Ten MIle Creek under the interstate to serve the new proposed Arnold Machinery Business and the Flying J Business. At that meeting you authorized me to proceed with getting an engineering agreement together for a consulting engineer to provide plans. We have decided to hire JUB Engineers to provide the engineering for that project. I have received a letter of agreement from them requesting the Mayor's signature. The Motion was made by Yerrington and seconded by Tolsma to authorize the Mayor to sign the engineering agreement with JUB Engineers. Motion Carried: All Yea: Kingsford: Just to advise, we have a Transportation Meeting tomorrow night at 7:00 P.M. as a result of being not funded by the State Department of Commerce. I urge all of you to be in attendance. City Clerk NIemann: I have an application to transfer the Beer & Wine License for the Whitewater Saloon. The Police:Chief has checked it out and everything checks out okay. The Motion was made by Tolsma and seconded by Yerrington to approve of the Beer & Wine License transfer. Motion Carried: All Yea: City Clerk Niemann: We sent a letter to Paul Pack to clean up the weeds on his property and he has had his ten days and still hasn't done anything. He called and wants to appeal. What do we do in that case, Wayne? Crookston: Have him come before the Council. I will check into this. MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #9 Giesler: I have one comment regarding the Grant we did not get, I'd like to compliment you on your presentation, it was done very well and I was very pleased. The Motion was made by Giesler and seconded by Yerrington to adjourn at 9:15 P.M.: Meeting Adjourned: ROVED: ~ AP P / ~ / 'C7 }~,~ ~~ ~~ GRANT P. KINGSFORD MAYOR ATTEST: pc: Mayor & Council P & Z Members, Atty, Gass, Ward, Stuart, Eng., Fire, Bldg., Police, Valley News, Statesman, ACRD, NMID, CDH, Settlers, File (6) Mail (6) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF INTERWEST DEVELOPMENT CORPORATION FOR A VARIANCE FROM THE STREET LIGHT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS AMBR08E, FITZGERALD ACROOKSTON Attornaya and Counaelora P.O. Box asT Merl Olen, IEaao 83814 TelsPaona B8BJ,81 The above entitled variance request having come on for consideration on March 6, 1990, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for March 6, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 6, 1990, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the 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 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b, of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-606 B 13, Street Lighting, requires that street lights be installed as a public improvement by every developer of a subdivision. 4. That the Applicant has requested that it be granted a variance from the above street lighting requirement and be allowed to have installed on each lot a front yard light on a pole or a house light operated by a photo electric cell and which light would have a minimum wattage of 60 watts, in Chateau Meadows East Subdivision. 5. The property in question is the NW 1/4 and the SW 1/4 of Section 5, T. 3N., R. lE., Boise Meridian, Ada County, Idaho. 6. That the property is zoned R-8 Residential; that the covenants and restrictions, and the annexation ordinance, however, limit homes to single-family dwellings and no duplexes or multi-family dwellings may be constructed in the subdivision. 7. That the covenants and restrictions for the subdivision AMBROSE, FIT2G ERALD d CROOKSTON Atlorneya en0 Counselors P.O. Bo, t4] Mer101en, IEe~o B3BIR Talepftone BBB~syt require that each home have a photo-sensitive yard light or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. 8. That Section 11-9-606 B. 13. b., provides that in the event the street lighting ordinance of 11-9-606 B. 13. a., is waived that the subdivider and the lot owner shall be responsible for insuring that there is a yard light installed in the front yard of each house, controlled by a photo electric cell, and shall be wired directly to the residence's electrical breaker AMBROBE, F1T2GERALD B CROOKSTON Auorneye end Coonwlore G.O. Box 62T MeriCien, IENo 83812 Teleplwne 88&6681 panel and comply with the National Electrical Code. 9. That East Chateau Drive is designed as a collector street by Ada County Highway District and by the City's Transportation Plan; that no houses are allowed to front East Chateau Drive, and likely will be fenced and thus front yard lights would not illuminate East Chateau Drive. 10. That there were no public comment submitted in opposition to the variance at the public hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-612, Variances, of the Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are a follows: 11-9-612 A. 2, FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; AMBROSE, FITZGERALD dCROOKSTON Attorneys ens CounNlore P.O. Boz 12] MerlOlen, IEeho 83812 Telephone 88BdMt b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- 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 injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a benefit or profit, economic gain or convenience to the Applicant in that street lights would be more costly to the developer, however, the lighting ordinance provides for a possible waiver of that ordinance in the R-4 zone. 8. That the subdivision is technically not zoned R-4 but it will be developed as an R-4 subdivision and it is concluded that the waiver provisions of the street lighting ordinance shall apply to the subdivision. 9. That it is concluded that street lights are a safety AMBROSE, FIRGERALD B CROOKSTON Attorneys antl Couneeloro F.O. Bo. d2] MerlElan, Itlaho 89842 Talep~one 888-N81 device and measure for pedestrians and vehicles and are a measure which helps prevent crime; that although there are provisions for wavier of street lights in R-4 subdivisions that the waiver is not automatic and safety factors must be weighed heavily when considering a waiver. 10. That it is concluded that due to safety factors, the waiver and variance of the street light ordinance should not be granted along East Chateau Drive and that street lights shall be placed along East Chateau Drive, including at North Locust Grove Road, as required by 11-9-606 B. 13. a., that the variance should be granted for other parts of the subdivision. 11. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable in that waivers are allowed under the street light ordinance in R-4 subdivision. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer as a result of factors not self-inflicted. c. That the granting of the spec- ified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan, or the legislative intent and purpose of Idaho Code 67-6530 through 67-6532. 12. That it is concluded the Application should be granted AMBR08E, FIT2G ERALD BCROOKSTON Attorneys anE Counselore P.O. Bos <21 MerlElen, IEaho 83802 Telephone 888dC81 as it pertains to the subdivision except along East Chateau Drive and provided the Applicant meets the other Ordinances of the City of Meridian, specifically 11-9-606. B. 13. b., and that the lights are yard lights and not house lights, since the 11-9-606 B. 13. b. allows a waiver only if yard lights are used; that the waiver does not apply to house lights; that it is concluded that the covenants and restrictions should be amended to coincide with the provisions of this variance. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt AMBROGE, F1T2G ERALD A CROONSTON Allorneya antl Counselors R.o. Boa axv Merltllan, ItlNO easax TaleOAOne SBe~aet and approves these findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) APPROVED: VOTED VOTED VOTED UOTED~_ VOTED DISAPPROVED: MERID~AN POLICE DEPARTMENT 33 E. Idaho Meridian, Idaho 83642 W.L. "BILL" GORDON Chief of Police COOEB LETTER GRANTS COHIiITTEE: Phone (208)888-6678 TELEX ID0010300 The Meridian and Garden City task force is simply tro small agencies that are pooling their equipment and resources to fight the drug problem. An individual effort by us could be teak. rhereas together re feel comfortable in accepting the challenge. Me have attempted to reduce the amount requested by using our existing equipment and resource. As you can see the largest item is personnel, one officer per city may appear excessive until you look at the benefits, <1) officer trading locations for undercover cork, f2) offlcer safety, then needed. On buys and stake outs re again pool our resources. (3) Tro people can cover trice the cork. As you know drug enforcement cork depends largely on officer initiative. A majority of the items listed ae match, re already posaese. Ne couldn't afford the match bill for one year, let alone the total program. Thank you for your consideration of this request. If you should have any questions please call. W. L. "Bill" Gordon Willard Heaps Meridian Chief of Police Garden City thief of Police NARRATIVE 1 NEEDS ASSESSMENT AND PROBLEM STATEMENT Adjacent to the largest metropolitan area in the State of Idaho, Meridian and Garden City share the potential that the increased enforcement in Hoise City and Ada County rill force these problems into the nelghboring cities. The impact of "crime displacement` has become apparent as both small municipalities struggle to meet the problems rith limited resources. The problems encountered in policing these metropolitan areas is far different than the problems of a McCall or Grangeville. The unique characteristic is the location of both Meridian and Garden City and their proximity to Boise City. This is especially true for Garden City rhich is surrounded by Boise City. Recognizing the limitations of small cities faced with mayor problems, the tro municipalities. Garden City and Meridian, have joined together to respond to the groring problem associated with drug related crimes. Our focus is category 21, "programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales." The realization of need in Meridian and Garden CIty became apparent rith the placement of two ner Chiefs of Police in each city. Chief William Gordon joined the Meridian force in Tune 1989 and Chief Willard Heaps arrived in Garden City in September 1989. At the time of their arrival both men found the data base to be inaccurate and ineffective in producing the necessary information required to asses the extent of drug related offenses. It was obvious_that a drug .problem existed. Drug related 3nvestigatione were pursued in each city by outside law enforcement agencies; as drug trafficking is 1 attracted in Boise, it appeared to increase in both Meridian and Garden City. There is also an absence of drug programs and public educati on. In terms of providing effective police response. officers in these cities had little tr aining in drug identification or investigation. The situati on called for action and in both Meridian and Garden City some steps have been taken to alleviate the conditions. albeit small steps. The folloring sta tistics (rated as extremely conservative) portray a groring problem in both cities: DRUG ARREST DATA 1987, 1988, 1989 Meridian •1 1987 1988 1989 Posseaetan Para- phernalia 10 18 29 Possession Con- trolled substance 4 7 7 Possession Mari- ~uana 10 14 8 Delivery 1 na 2 Manufacture na 1 1 Garden Citp •2 1987 1988 1989 Possession/Intent 5 9 10 Possession 124 217 319 Frequenting Place Drugs Used 14 98 11 Manufacture O 1 O Fraudulent RX 1 2 1 Sale Controlled -- substance O 3 O Unspecified Drug violation 2 2 1 *1 Data provided by Chief Gordon, based on records of arrests in Meridian, Idaho. THese stets don't shot Boise or Ada County arrest in Meridian. •2 Based on data from Chief Heaps, based on records of Garden City arrests. 2 In Garden City, including early data from 1990, 842 drug related cases were recorded. In Meridian, 121 drug related cases are on record including the first part of 1990. In the opinion of the Chiefs, thls data is probably incomplete and does not reflect the degree of incidents. However, both acknowledge that the rate of drug related crimes appears on the increase. In both municipalities, the Chiefs of Police cite the lack of training, an underpaid staff of officers, little coordination in the records management and a desperate fiscal situation. The existing data from Garden City and Meridian reflect an increase in the number of drug related arrest and indicate a growing problem when unreported incidents are estimated. The limited resources of both cities have inhibited the ability of local law enforcement to stem the tide of drug traffic as it moves from the strict enforcement environment to Boise to Meridian and Garden City. Limited by their tax base and a smaller population, law enforcement services are inadequate for both cities as they attempt to coabat the drug problem. Each city has assigned one officer for Dart-tlme narcotic investigation, but that ie insufficient when faced with the growing problem. The governing bodies of Meridian and Garden City have come to recognize the need for more resources in addressing the drug problem, but neither has the ability to effectively fund these needs immediately. Limited personnel and the ability of either police department to secure the necessary resources to address the problem. To add to the dilemma, Meridian's force numbers it (1.1 officers per 1,000 population) and Garden City has 14 (2.35 officers per 1,000 population) officers. Both cities must carry out the entire range of law enforcement activities, in 'addition to narcotics investigations. No officers are assigned full-time to narcotics investigation in either city. Limited records have been kept in both jurisdictions, other 3 agencies have entered these localities to pursue drug investigations and the problems of drug traffic and drug related crimes continues to gror. The need exists to establish a record keeping system, to strengthen enforcement and curb the floc of illicit drugs. 2. PROJECT GOALS. OBJECTIVESS AIiD CRITICAL E[.F1IERTS The expectations of Meridian and Garden City include the folloring: Goals Goal: Creation of a multi-3urisdictional narcotics investigation team in Meridian and Garden City, small urban areas rithout the resources of their metropolitan neighbor <Boise) to handle the drug problems involved. Goal: Training field personnel in the accurate recording of field contacts and incidents, to establish an effective, accurate record keeping system to track the occurrence, arrest and disposition of drug related crimes, and develop a profile of long term trends. Goal: Create cell-trained, pro-active police departments that anticipate the problems associated with street trafficking in drugs and a recognition that small, rural urban cities are faced rith the same problems as mayor metropolitan areas, hence need comparable resources. Obiectives• Obieative A: To assign a full time, adequately equipped officer to drug investigations in each city, each of rhom shall be able to move betreen furisdictlon, facilitating undercover intelligence cork. Ob~~tivm 8: To improve record making and recording of field contacts and incidents by 25% per year insuring more effective :documentation of the trends and events related to drug related offenses. Ob~lCtive Ct To increase successful prosecutions based on accurate arrest reports filed by trained field personnel in 9 drug related investigations by 20R per year. Obiective D: To particlpate effectively 1n multi- jurisdictional efforts in both cities, to participate in training programs, improving the investigative skills of departwent personnel in both cities. Obiective E: To continue and increase cooperation with Ada County law enforcement and with Boise City police, sharing information and resources, to curb drug traffic in the County. Critical Elements: Criteria to identify, select and prioritize investigative targets includes: Two full time, experienced officers rill be assigned to initiate investigation and report on investigative activities for subsequent investigation and prosecution of drug related / crimes, one each in Meridian and Garden City. Each Chief has identified an experienced officer to be assigned the ``~ p investigative and intelligence gathering functions for drugl~,,yy~n''yY related crimes. The person assigned will have undercover~`° 6~'}'~ duties and may be located in either jurisdiction to avoid I~rr++?'' i detection. An 3wproved recording system rill be established to ensure accurate arrest information leading to successful prosecution. Through the growing efforts in coordination and monitoring, the Chiefs rill attempt to ensure proper investigative activities through Increased training and skill of both undercover and general assignment personnel. 3. PBOJECT COOBDIHATION The project coordination rill be assigned to a qualified Sergeant, who will work with the two Police Chiefs, to ensure multi-jurisdictional coordination and cooperation under the conditions of the grant. This coordination and cooperation is presently occurring, albeit at a limited level as a result of liwitations identified above. 5 Implementation Timetable June, 1990 Recruitment and selection of replacement officer for each municipal jurisdiction and assignment of full time narcotics investigation officer in each cityt July, 1990 Assignment of experienced, adequately equipped, full time officer to narcotics investigation. and rho may be located in either municipality for security. August, 1990 Schedule both officers to attend a one day drug identification and investigation school in Boise, sponsored by the Idaho Bureau of Narcotics and POST Academy programs if relevant to their assignment. August, 1990 Commence development of an integrated, standard reporting system for drug related arrests to be used in both jurisdictions. This system will track the case from arrest to disposition, resulting in a computerized data base for each municipality. '~ August, 1990 Continue education of elected officials ~:y relative to the problems emerging in Meridian and Garden City ~`/"'^ as a result of the tougher stance of Boise City and Ada County lav enforcement. October, 1990 Preliminary evaluation of program results. in particular, the impact of record management to project trends for each city. January, 1991 Second evaluation of program results, determination of effectiveness of narcotics investigations and records system. Criteria rill include number of drug related arrests, drug related investigations initiated. and convictions obtained. Additional activities rill be identified as they occur. January, 1991 Institute a program of education through the police departments for schools in their jurisdictions and develop an in-service training program for field offices through POST or other public agency. 6 March, 1991 Review of record management system and third evaluation report of the effectiveness of the system. Primary evaluation of the impact of drug investigation training for narcotic and field officers. June. 1991 Final program evaluation will be based on the goals and objectives set forth in this application. This will include but not be limited to: (a) reporting system effectiveness and (b) investigatlve success of narcotics officers assigned by each city. 4. PBOJECT NONITOBING AND E1-ALUATION To maintain an objective evaluation of the progress of this project. it is proposed that a contract be negotiated with a team of professionals from Boise State University This team will include: Professors Dorman and Hopfenbeck and other technical specialists who may be needed (e. g., computer specialists rho knows how to establish data base if existing software ie unavailable). PERFORMANCE INDICATORS On a quarterly basis. the following indicators will be monitored: a) number and type of arrests recorded D) number of prosecutions initiated and resulting convictions for drug related arrest c> completion of record management system compatible rith existing and anticipated computing systems d) improvement of reporting system to ^ore fully reflect the utilization of personnel each jurisdiction e> utilization of undercover agents in either or both jurisdictions as required for security from discovery of identity of undercover officers f) capability to be pro-active, planning with other-law enforcement personnel to control crimes related to drugs 7 5. BUDGET NARRATIVE Personnel included in the grant include two full time police officer positions, one for each municipality. This would provide an opportunity to reassign the existing part-time narcotics officer in each city, to full-time investigation. The ability of each officer to cross boundary lines and provide undercover services for the participating cities rill be an advantage to each city. It is particularly true that when a city has a small geographic area and small population, the identity of an undercover officer ray not be secure. The prospects of cooperative utilization of the officers between Meridian and Garden City provides an added dimension of ~_ investigative lntelligence. Project Coordinator assignment to Sergeant who will dedicate one-fourth full time to the project, a match provided by Garden City Police Department. Employee benefits are calculated at 28%. Supplies include evidence materials such as test kits, audio tapes and other supplies necessary to investigate drug related crime. Computer software for one personal computer to enable each municipality in the gathering and analysis of field contacts and incidents by field personnel. Training manual e, videos and the like have been provided by the applicants and will be available for in-service training during the tenure of this protect. These materials have been purchased by the applicant agencies. Office supplies will be provided as a part of applicant agencies commitment to the project. Travel includes the maintenance of vehicles used for undercover work and will be provided by the applicant agencies (estimated 12,000/vehicle/year @S. 22/mile/55,280.00>. .Funds will be furnished by Meridian Police Department and Garden City Police Department to cover the cost of sending field personnel to training schools as they become available. Cost is based on potential for training to be offered at the local and regional levels. 8 Training is included to assist the cities in their commitment to further training of officers rho rill be charged rith the,.- responsibility of investigating narcotics crimes. Presently, both Chiefs have sent officers to the Drug Enforcement Agency school; have or plan to purchase personal computers in each city to support this project. Other equipment furnished by Meridian Police Department and Garden City Police Department includes tro used vehicles that rill range from 54,000 to 55,000 to be used for under cover investigations. These cars will be shared between Garden City and Meridian and if unusable due to detection, rill be traded for comparable vehicles used in Ada Gounty or Boise CIty. This practice has been used in the past with success, increasing the value of the vehicles. Other equipment includes a body bug. and tro portable radios. Additional equipment will be Burnished by the applicants and include tro desks, necessary reapons (shotguns, pistol e, holsters, and ammunition). binoculars, VCRs and monitors, and three personal computers. Limited city funds rill be used in conjunction rith project funds received to ensure proper training and equipment are in glace. Other items requested include funds for training, both in- service and tuition Bor selected schools for field personnel. Part of the success of the project rill require the requested Buy honey, to be furnished by the cities and community organizations in both cities. Telephone, line charges and long distance, are Burnished by applicants. The cities rill also provide office space, pay utilities and maintenance. 6 PLABS FOR PROJEC? COIITIHUATIOM FOLLOMI~G SJA FUtiDZItG Presently both cities have shorn a groring interest and local government support for improved drug enforcement. The problems emerging from the location of these cities in relationship to the more populous area of Boise and the recognition that as enforcement efforts increase in Boise, the 9 recognition that as enforcement efforts increase in Boise, the problem may move to either Meridian or Garden City, prompts both cities to look for solutions. The support of their governing bodies is evidence by recent supportive actions. For example. Meridian City Council has authorized the purchase of persanal computer to update and streamline reports and evidence records. The budget for 1991-92 includes two more personal computers.. The mayor and city council are more scare of the problem as a result of increased communication with the Chief of Police. Continuous training programs have begun in all area of lac enforcement and all scorn officers are scheduled for a one day drug school. Essentially, the City Council has recognized and committed to attack the drug problem. Garden City, too, has committed itself to the support of the program. Since arriving in Garden City, the Police Chief has sent his most experienced officer to Lar Enforcement Criminal Intelligence Operations School in Colorado and is scheduled for a two reek drug enforcement training session rith the Federal Drug Enforcement Agency. It is obvious that elected officials in each municipality and the Police Chiefs have recognized a groring problem and are acting to resolve it. 10 APPL~TION a.e~ n . FOR CRIMINAL JUSTICE ANT n `Vµ JV A~tpt rrtae "'"" 111~~~/ J Meridian Police Departmen ~~"'`~-" apartment EJipole Cat~pory 21 "°°a' l~ -~d • 33 E. Idaho Street, Merid Nn Prior xsera Funding iiecsived 0 201 E. 50th Street, Garde ~pa~pN np ,,,yprai UM a G tm. a aPpication SWt 888-6080/377-2018 Clndian uWUnry uataue >J,..,, CJM ~Orup 06/15/90 F,ra t~aucr rrne: 06/14/91 tanaea tawrAm: ,pti_ ,,,~ I~ `" Meridian/Gar VY~Q/1/ ~C ~ e full-time officer in Meridian and one full-time officer in G ~ D 11 individually, run down leads, interview suspects, _ ~ and will joi v drugs, make arrests, serve search warrants, etc. Both departm their existing resources and manpower by cross deputitizing nating invisible boundaries to give 1002 effort in the fight ag wooer tturtum ttotxtces o~ Nioar Cast Eltrm~nt ~ ?fir . ~> PeraonnsUConsuttams 5 -~ Supplies 5 s , o00 . o0 Trz"el g 6,000.00 Equipment S 15,600.00 Other 5 9,400.00 Total 5 nr'too nn Federal 5 49,599. %~ Match 531,600. 9b 34- PfltaletT a1RECTOa WIANGAL OiRICER W. L.."Bill" Gordon Narna Jack Niemann ar tm. Chief of Police Cit Clerk 33 E. Idaho Street aaaran 33 E. Idaho Street Meridian, Idaho 83642 Meridian, Idaho 83642 888-6808 wrvtta^ 888-6808 FOR OCJA USE ONLY Racai,aE Grant Na 8padtl WWWat MqurE ^YeS ^NO ey Oars er oar MAIL APPLICATION TO: Office of Criminal Justice Assistance 6111 Clinton Street • Boise Idaho 83704 Phone 327-7170 • NARRATIVE • -,.~~ o 1. Needs assessmenUproblem statement. 2. Project expectations, goals and objectivees. 3. Project coordination and management (methodology). 4. Project monitoring and evaluation. 5. Budget narrative. 6. Plans for project continuation following B.J.A. funding. See Narative Us! additional blank sheets 1 of pages • BUDGET WORK-UP • PART C BUDGET CATEfiORY FEDERAL YATCN A. FEReONNEL I COINCULTANIS t MRFTNAE a NL4T111E (NOUrs W Monts) YONTNLY eALARY MO. YONTMS 2 Officers Full-time $1652. 12 $39,648.00 5551 00 28 5551.00 ............................ . qy . S Plus Employee 8eneftts at TCT'AL PERSONNEL: S 45,199.00 s. euwues Combined Total $45,199.00 Evidence material (test kits, ba s, to es $4000.00 Telephone and long distance 1000.00 TOTAL SUPPLIES: S $5000.00 c rnMrEl Combined Total awn $5000.00 0 eration and maintenance two vehicles $5,280.00 Travek and training 720.00 TOTAL TRAVEL: S $6000.00 0. EoueN~ENr Combined Total Mwn $6000.00 2 used vehicles 10 000.00 1 body wire for undercover work 2400.00 2 to a recorders 40 0 4 wee ons (2 hand uns and 2 shot uxrs 1 bod armor TOTALEpUIPMENT: E 2,400.00 13 200.00 Combined Total $15 , 600.00 n r, PAnI V (gonru.J ~ RUDDET GTEOORY FEDERAL MA7G1 E' On1ER a.n office space for two 2 , 000.00 2 desks, 2 chairs, 2 file cabinets, eneral office a ui ment 1 pc computer and soft ware 2 ortable radios 2,000.00 /odd any narrative needed to explain line items. TOTAL OTHER: S 2,000.00 7,400.00 Combined total $9,400.00 Coat Element PersonneUConsultants ...... Supplies ................. Travel .................... Equipmem Other .................... Transfer figures to face page. TOTAL PROJECT COST (Federel + Match) Combined Total .................................... $45,199.00 .................................... 5,000.00 .................................... 6,000.00 15,600.00 .................................... 9,400.00 ~V~ ~1 j(() C'Ci Total Project $ ~ ~>_'°/ %~ ASSURANCES • On behalf Of the applicant agenq, 1 hereby apply for grant monies from the Office of Criminal Justice Assistance (OCJA), Department of Law Enforcement, State of Idaho. On behalf of the applicant agency, the undersigned agrees and assures that: 1. Any grant awarded pursuant to this application shell be subject to and will be administered in conformance with (a) OJARS Financial end Administrative Guide for Grants, (b) provisions of the Justice Assistance Act of 19(34, and (c) any special conditions which the OCJA or the Idaho Criminal Justice Council attach to the grant award; p. Any grant awarded pursuant t0 this application may be terminated. or required to repay funds, or have fund Payment discontinued H OCJA or the Council find substantial failure to comply with the provisions of the grant. applicable Federal law, regulations promulgated thereunder, end the provisions of (1) above, but only after notice and hearing and proper proceduro under Federal Acts: and 3. Any grant monies awarded pursuant to this application will be used to increase the amounts of agency funds that would, in the absence of Federal aid, be made available for criminal justice activities. OFFICE AND COUNCIL ACTION (~AFFT E o.r a ~c ^ Approved ^ t)eriied Far year(°)' ,~l,.m»b. > BpcW cam"'°'" C+n ttstwr d OC.IA and the ICJ Council: rMr •ee..v t>,r