HomeMy WebLinkAbout1998 04-07MERIDIAN CITY COUNCIL REGULAR MEETING APRIL 7, 1998
The regular meeting of the Meridian City Council was called to order by Mayor Robert
D. Corrie at 7:38 P.M.
MEMBERS PRESENT: Glenn Bentley, Ron Anderson, Keith Bird.
OTHERS PRESENT: Gary Smith, Bill Gordon, Shari Stiles, Tom Kuntz, Will Berg.
Corrie: Before we get started, I want to welcome Scout Troop 126 this evening and
welcome to the City Council meeting tonight. Second, it's not on the agenda, but I
would like to issue a proclamation at this time if I might Council. This is a proclamation
whereas April 18t", 1998 has been established as March for Parks Day, and whereas
March for Parks Day has been established nation wide as a demonstration of public
concern over the condition of national parks and public spaces and whereas these
events will not only raise awareness, but also necessary funds for the park
improvement, protection, education projects benefiting national, state and local public
parks and whereas those participating in the March for Parks are demonstrating that
they are committed to protecting and revitalizing our national treasures for generations
to come and whereas the parks and recreation commission is sponsoring a March for
Park event on April 18t", 1998 which will take place at Storey Park and the funds raised
will be specifically benefit the parks facilities in Meridian, Idaho. Now therefore, 1,
Robert D. Corrie, Mayor of Meridian, Idaho do hereby proclaim April the 18t", 1998 as
March for Parks Day. And in Meridian and I call upon the residents of this city of
observe or participate in this day as well as the days ahead with sensitivity and respect
for the nation's precious parks and public spaces. Signed and Sealed, Robert D.
Corrie, Mayor. I'd to at this time to give this proclamation to the Parks and Rec.
Committee President, Tammy de Weerd, if you will come up, I will present this to you.
De Weerd: I just want to invite you all to come cook at our cook out. Councilman Bird
and Councilman Rountree have both committed themselves to it. I would challenge the
other two Councilman to come that day. Tom, I do have some — we just got our
program event out, and I'd like to give each of you one. A lot of community support
again has come this year for this year's event, and I would you to recognize the
sponsors that are listed inside your program. With their support, we're able to have the
meals and the t -shirts and the raffle prizes and the prizes for the top fundraiser. So
again I'd like to invite you to come and help us out. If you don't want to cook, if you are
not good at it, Ron, walk and help us support our parks. I'd like to invite everyone here
to (inaudible — off the microphone).
Corrie: Thank you very much, Tammy. We'll be there. Council you have the minutes
of the previous meeting held March 17, 1998 and the minutes of the special meeting
held March 10, 1998. Are there any corrections or alterations to either one of those
minutes? I will entertain a motion that they be accepted as written.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 2
Bird: Mr. Mayor, I make a motion that we accept the minutes of the March 10th and the
March 17th meetings of the City Council.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we accept the minutes
as written from March 17th and March 10th, 1998. Any further discussion? Hearing
none, all those in favor say aye.
MOTION CARRIED: All ayes.
ITEM NO. 1: INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING
BY MCCALL PROPERTIES:
Corrie: Is there anybody here from McCall Industries here this evening? Okay, Council,
I have talked to Mr. Van Auker and also Mr. Saums has given us some word here.
would like to have Mr. Van Auker give us the prices in the next meeting in two weeks to
finish that up. And if we can get a delay and table that until the 21St of April. We can
have all the figures for you and we can work on it at that time.
Bird: Mr. Mayor, I make a motion that we table this until the meeting of the 21 st
Anderson: Second.
Corrie: Motion made and seconded that we table this until April the 21St. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 2: FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A
CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T
INC. — 519 EAST FAIRVIEW AVENUE:
Corrie: Council you have the Findings of Facts and Conclusions for the conditional use
permit on that. What is your pleasure?
Bentley: Is the spokesman here for Triple T Incorporated?
Corrie: I didn't see anybody. Is there somebody here from there? No, Mr. Bentley,
there isn't.
Bentley: I have a question for staff. Shari, have they responded to all your inquiries?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 3
Stiles: I believe they had addressed everything. I did notice in these findings that it's
not transferable to another owner or lessor of the property. When this first came
through they wanted it to be Smoky Mountain Pizza, but they backed so the owner of
the property wanted to continue so that they could have a restaurant use in there.
There is another party that's interested in having a restaurant in that building, and so I'd
like as long as it's a similar type of business that they be able to use this conditional use
permit instead of having to start over.
Bentley: Are they agreeable to this? The owners?
Stiles: The owners?
Bentley: Are they agreeable to all the conditions and stuff that was set forth?
Stiles: They've indicated that they were, yes.
Corrie: So Smoky Restaurant may not be there; is that the case?
Stiles: Yeah, before the first public hearing, they had backed out, but there is another
party that is interested in having a restaurant in that building.
Bentley: And was the signage issue addressed with them?
Stiles: It was initially addressed back when the building itself came through the
process. And that was a condition of their original conditional use permit for the entire
building. When they testified in that public hearing, they said that if it were something
other than retail, then they would come back for the conditional use permit, and since
they do have interest for a restaurant that's why they came back.
Bentley: Okay, thank you.
Corrie: Any further questions from Council?
Anderson: None.
Corrie: Okay. If there's no further discussion, I'll entertain a motion.
Bentley: Mr. Mayor, I would move we approve the conditional use permit for a full
service restaurant and request of Triple T Incorporated.
Bird: Second.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 4
Crookston: You need to approve the findings of fact and conclusions of law.
Bentley: Mr. Mayor, I would move we approve the Findings of Facts and Conclusions of
Law.
Bird: Second.
Corrie: Motion is made and second that we approve the Findings of Facts and
Conclusions of Law. Any further discussion?
ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea.
MOTION CARRIED: All ayes.
Corrie: I will entertain a motion for the decision and recommendation.
Bentley: Mr. Mayor, the City Council, City of Meridian hereby approves the conditional
use request for permit for the applicant for the property described in the application with
the conditions set forth in the Findings of Facts and Conclusions of Law or similar
conditions as found justified and appropriate by the City Council, and that the property
be required to meet the water and sewer requirements, the fire and life safety codes,
uniform fire code, parking requirements, and the paving and landscaping requirements
and all other ordinances of the City of Meridian. The conditional use should be subject
to review upon notice to the applicant by the City.
Bird: Second.
Corrie: Okay, motion is made and seconded we accept the decision and
recommendation as read. Any further discussion? All those in favor of the motion, say
aye.
MOTION CARRIED: All ayes.
ITEM NO. 3: AMENDED ORDINANCE #783: FUTURE PARK ANNEXATION:
Corrie: Is there anyone from the audience that would like to have the amended
ordinance #783 read in its entirety? Okay, hearing none, I will entertain a motion on the
amended ordinance #783.
Bird: Mr. Mayor, I make a motion that we accept the amended ordinance #783
regarding future park annexation with suspension of rules.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 5
Anderson: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Anderson that we accept the
amended ordinance #783. Any further discussion? Hearing none, all those in favor of
the motion of the amended #783, roll call.
ROLL CALL: Anderson, yea. Bentley, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO. 4: PUBLIC HEARING: AMENDING ALCOHOLIC BEVERAGE
ORDINANCES AND ADULT BUSINESS ORDINANCE.
Corrie: At this time I will open the public hearing and invite anyone from the public who
would like to testify at this public hearing.
DAVID CUOIO WAS SWORN BY THE CITY ATTORNEY.
Cuoio: Gentleman, I used to live about a hundred feet from the Blumacs Dance Review
off Vista in Boise, and I'm here to tell you in two minutes what that experience was like.
We had a quiet little neighborhood bar for a long time, and on July 4t", 1995, a guy
moved in with dancing girls in the bar. Now I didn't have a problem with that. If
somebody wants to go to that kind of establishment, that's their business. Let me tell
you what problems occurred in our neighborhood. First of all, there's the noise from the
music inside the bar. You know those little cars that go by occasionally that have the
real loud noise. Imagine one of those a hundred feet from your back door from 2:00
P.M. to 2:00 A.M. six days a week, just constantly barraging your house. Secondly is
the noise from the patrons. Many of whom are not aware of the invention of the muffler.
Also a lot of guys who ride bikes, and I don't have anything against guys who ride bikes.
The problem is the bikes are loud. And when you get a bunch of them together, for
example, one night eight or ten of them felt for some reason they had to rev for a half
hour, actually it was more like 45 minutes, but I thought 45 minutes sounded ridiculous,
so I toned it back to a half hour. They just revved for a half hour. Now, I don't know
what that was all about. I heard of gang bangs, but never heard of a gang rev, and I still
don't. Maybe it was tourist thing, just like the third day the bar was there, a group of
them just rode through the neighborhood to let us know they were there. Then there's
the guys yelling in the parking lot and the traffic through the neighborhood. A lot of
additional traffic, mainly between one and two A.M. And so after two years of talking to
the bar owner, talking to the police, talking to the City Council, talking to anybody who
would listen, I realized we couldn't win and we just moved. Just moved out, moved to
southwest Boise. We are on an acre. It's quiet, I like it. So if there's anything you can
do to keep this kind of business from being close to your neighborhoods, do it because
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 6
it doesn't work, that kind of business in the neighborhoods just don't work together.
Thank you.
Corrie: Thank you very much.
DAVE REECE 1325 YOST COURT, MERIDIAN WAS SWORN BY THE CITY
ATTORNEY.
Reece: I'm an associate pastor for Meridian Assembly of God Church, and so I think
you would expect me to oppose the increase of adult entertainment and pornography in
our community, but I also come as a father and husband. A father of four children that
I'm raising and rearing and I have some real concerns. Lots of times people are crying
censorship when we try to prohibit this kind of thing from happening. But I know that
our rights only extend as far as they don't interfere with other people's rights, and
believe that adult entertainment and pornography do infringe on the rights of others. I
don't believe it's just harmless entertainment. As a counselor whose dealt with
numerous cases and talked to a lot of individuals and difficulties, I can say that it is
addictive. It is a major contributor to sexual assault and sexual abuse in communities.
A majority of times when there's been sexual assault and sexual abuse, you'll find that
it's been aggravated by the habit of pornography or being involved in adult
entertainment. The murder that we just had this past weekend in Boise is the kind of
incidents that statistically increase when this is allowed, this influence is allowed to
increase in our communities. We've just been through a rigorous of going through
zoning things for our own church, and we have really sought to you know do everything
within the guidelines that we are suppose to do to build and to keep our property
beautiful and I'll have to say that of the communities that I have ever lived in, Meridian is
the most beautiful city that we've ever lived in. We have strict zoning that keeps it a
clean city. And so it's really ludicrous to think that we would ever allow to say
something like open sewage to run in the streets of a city this clean. And that would be
because it would be offensive and it would spread disease and I want to just suggest
that this form of adult entertainment from my opinion and from when I've been involved
in counseling and so forth is offensive. People that are concerned about women's rights
ought to be right up here along side me, because it is offensive to women. It is
something that is offensive to children. It does spread in the form of disease in our
culture, and so on behalf of our churches and concerned parents, I urge that this
Council consider these things. Thank you.
Corrie: Thank you. Is there anyone else who would like to testify at this time?
ROBERT SOBA 1920 IDAHO, CALDWELL WAS SWORN BY THE CITY ATTORNEY.
Soba: Thank you, Mr. Mayor, members of the Council. My name is Robert Soba. I'm
the director of the Idaho Department of Law Enforcement. While my office is in your fair
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 7
city, I am not a member of your community. I'm not here to try to tell you how to do it
over — to what you need to do here, but just share a few experiences. I also want to
start my conversation by saying that most bar owners are honest businessmen.
However many are not. Bar offer the gathering places for all kinds of illegal activity,
drugs, gambling, stolen property, prostitution, the list goes on. 1984 1 accepted the job
as the Chief of Police in the City of Caldwell. At that time we had numerous crime
problems in our city. Many of these were due to the rowdy bars that we had and the
reputation that they brought. Over the years the city had allowed too many bars to
come into the city particularly in the downtown area. The one two block area in our
downtown, we had seven different bars. This created many problems for our city and
was not the least was the reputation, the fighting and shooting and stabbing incidences
had continually got reported in the news media were certainly not a (inaudible) of many
kind people that live in our city. I have had man conversations with our economic
development people in the chamber of commerce when I was police chief. Particularly
about the effect that this reputation had on economic development. There were time
when we tried to get some new business to come to our city, but what they were
concerned about was the reputation that they heard constantly in the media. This has
an amazing affect on not only potential business but existing business and
neighborhoods. Our downtown area, we have several family restaurants that after dark
particularly on weekends people were intimidated to come down to go to those
restaurants because of the caliber of people we had and the from the different variety of
activities that ended up happening. We had another interesting situation where we had
place for many years although it had a beer license was primarily was for people to play
pool. A new person would come in and took out the pool tables, and made it into
another rowdy bar. This was right next to a senior citizen development where they have
to — senior citizens had mobile homes. Obviously this was not a very good situation.
Eventually they had all kinds of activities going on there just like the first gentleman
talked to you here. I can certainly identify. I've heard these stories many times since I
was police chief. Not only did that have that affect, but beer cans, syringes, all these
different things going on. But probably the worst thing that happened there was the
effect this had on property values. People in this mobile home, senior citizens, could
not sell their property, or if they did they'd have to take a tremendous beating on it.
Because it was well known what was going on there. During my tenure as chief of
police, we closed three bars in the city of Caldwell by revoking their license. I guarantee
you this is a long and hard process, and you can always count on some kind court
action and dragging on forever. It became so bad in our city that one time one of the
bars that had closed in the downtown area, we had another individual who was going to
lease it and open up another bar. We were suspect of the clientele he might bring in
there. The city felt so strongly about that, they bought the building and later tore it
down. That's just an example of how serious these problems can have. Over the years
we developed many restrictions concerning drinking establishments. They have strong
safety inspections. Anyone applying for a license was given strict guidelines of what
they could do and what was expected of them, but most importantly we did not rubber
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 8
stamp applications. It's far easier to deny an application than it is go through the
process of suspend or revoke somebody already in business. We also started a
licensing bartender situation there where the bartenders have to be licensed. That way
we had strict statutes that they had to be accountable for, could be held accountable for.
And if they didn't maintain order in their bars, then they could lose their license. This
also gave us the opportunity to deny the felony bartenders. We also denied anyone that
had DUI convictions with the thought being if they can't manage their own drinking
problems, then they shouldn't be managing other people. We also put very strict
restrictions on zoning, where bars could go. And particularly in the downtown area, we
made it where they had to have a public hearing for any kind of license. We had
several of these hearings over the years. We had to mail these notices out to all the
people around. They'd show up. We had a lot of stories like you've heard already.
(Inaudible) It was very successful in giving the ammunition to the City Council to deny
those licenses. As a growing city, I'm not indicating that you will have those problems,
but I do think that there is a continuing need to address these issue before they become
a big problem, because once it does become a big problem as it did with the City of
Caldwell, I can assure you it takes many many years to rectify get past that reputation.
Thank you very much.
Corrie: Is there anyone else?
RICH SCHNEBLY 4050 E. HUBBARD ROAD, KUNA, WAS SWORN BY THE CITY
ATTORNEY.
Schnebly: Mayor, Council, I am a sergeant with the Boise Police Department and over
here to speak to you about some of the experiences that we have encountered over in
Boise as a result of and expand upon population. I think that from my standpoint I
would encourage you as council to consider the numbers of bars that you tend to allow
to come into your community. I would agree very much with Mr. Soba that when it
comes to where you locate these establishments becomes a prime factor. Number one,
next to neighborhoods, obviously doesn't work and number two clustering of bar
establishments also tends to bring more problems from what we've experienced in our
downtown area around Sixth and Main where we have a large bar establishment.
People tend to go from bar to bar to bar and drink most of the night. What happens with
that is that it requires more attention by the police department. (Inaudible) these
establishments on board, it's going to require more attention by your police department.
I think maybe that you are all aware that the State Department of Law Enforcement has
had to cut back services recently as a result of budget restrictions and so on and so
forth, and they are no longer providing the kinds of additional services that they used to
when it comes to alcohol and liquor enforcement. Those jobs, monitoring your
establishments and trying to determine whether they are in compliance with liquor laws
is going to fall more and more to local law enforcement to enforce those kinds of rules.
So I would encourage you as Council to number one, any kind of ordinances that you
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 9
can put in place that will strengthen the current state ordinances and plug any loopholes
that the state legislature has kind of missed. They (inaudible) all knowing and they tend
to put laws in place with certain intents, but it doesn't meet all circumstances that we
tend to face in the real world. Second of all I would really encourage you as a council
that when it comes to bringing new businesses and communities in here, residential
areas into your community and as your community grows, please be conscience of the
amount of calls for service and the kinds of things that your police department is going
to have to provide services to, and try to make sure that your police department stays at
staffing levels that provide the services your community needs to stay as a safe place.
Once you get behind the power curve with this, and you get behind, it's very difficult
catch up as we've experienced in Boise. We got behind the curve, and even though our
council has tried very hard to bring us up to the staff and levels we feel we need to be
at, we're so far behind it takes a huge amount of influx of funds to get us back up to
those levels, and we struggle with that each and every day. So if there's any questions
that I can answer for you, I would be more than happy to.
Corrie: Councilmen, any questions?
Bird: Sergeant, how many establishments per block would you recommend?
Schnebly: Not being a planner, I can't —
Bird: But you don't think it's right to cluster?
Schnebly: From our experiences at Sixth and Main, it's easy to keep people contained,
but right now on Friday and Saturday nights, we dedicate an entire team for the
downtown core. One for a cruise situation, but then the cruise tends to die about
midnight. We have to maintain those officers in there from about midnight until about
2:00 just to monitor the bar crowds and make sure that we keep the fights and stuff
down to a minimum, and we found that increased police visibility tends to do that, but it
requires us to dedicate a lot of manpower into those situations.
Bird: Thank you.
Corrie: Thank you. Anyone else would like to testify at this time?
WILLIAM MUSSER 201 E. IDAHO WAS SWORN BY THE CITY ATTORNEY.
Musser: I'm here this evening Mr. Mayor and Council members as a representative of
your police department in this community and also as a resident of the City of Meridian
itself. Primarily our objective in looking at the revisions on the ordinance is to number
one, not deprive anybody of the opportunity to able to enjoy their livelihood. However
we do notice that there are a few correlation's which occur when we do have adult
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 10
entertainment tied in with alcohol license and establishments. My experience here in
this community working since 1981, 1 have seen, there's been numerous times when
we've had say traveling troops come into the town, such as male strippers or other
female revues that occasionally are in the bars for one or two nights, and I can
remember one time in particular in 1990, which I responded down to an alleged rape
because of a male troop that had been inside of the bar at 127 East Idaho, what was
then Dudars. Because of that alleged rape and the investigation, we spend
approximately a week trying to put that case to rest and ultimately it was a false
accusation. However because of what was going on in the bar, because of the drinking,
the lowered inhibitions and everything else, the propensity for that kind of thing seems
to be much more paramount when you have the two of the items together. Additionally I
was working in this department when the Kit Kat opened up down on Franklin just
outside of town. As a result of the Kit Kat opening up, it was the type of business that
has to do with adult entertainment coupled with the liquor usages. We've also had one
of the most dramatic and probably one of the most heinous homocides for the
(inaudible) in any one given area. It was close to town. That case is still open and
unsolved at this time resulting in the tragic deaths of at least two people from gun shot
wounds. All because of an argument that started inside the bar area. It was brought on
with the usual drinking, coupled by arguments over who got to talk to who and leave
with who from the bar because of the dancers. Those are the types of things that we
would like to try to prevent propensity for. Not to absolutely stop, because we are
always going to have problems with anything that involves human nature. However the
propensity by having the two of them together increases and right now for the town of
Meridian, we do have the luxury of having a nice, low violent crime rate. We don't have
that much in the way of crimes against people. We do have crimes against property.
We'd much rather work those crimes against property than we would work crimes
against people. When we start involving the people, I think it becomes more tragic. It's
much more of a shock to the community, and we would like to see that be avoided if at
all possible. That's part of the reason why we were looking at the proposal at this time
to be able to separate out and try to make this work. I can answer questions if you have
any as well.
Bentley: Bill, what's our current officer per population rate?
Musser: Current officer per population rate, I would have to base on last year's figures
which is approximately 30,000 people to what we had in the way of force.
Approximately 1.3 at that time. Given that we are not really sure where our population
numbers are at exactly, we make the best guess we can, but 1.3 is roughly where we've
been at.
Corrie: Any questions?
Bird: I have none.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 11
Corrie: Any other testimony? Hearing none, I will close the public hearing.
ITEM NO. 5: AMENDED ORDINANCE #684: BEER, LIQUOR AND WINE
ORDINANCE: ORDINANCE #791: REPEALING OBSCENITY ORDINANCE:
ORDINANCE #792: ADULT BUSINESS ORDINANCE:
Bentley: Mr. Mayor, I have a question on number four. Now, is this suppose to be an
amendment or is this fabled wrong on our coversheet?
Bird: Is this a public hearing for an amendment?
Corrie: For a possible amendment; that's correct.
Bird: So, do we have to make a motion or do we go onto the next one?
Corrie: Counselor?
Crookston: You would go on to the next agenda item.
Bird: Thank you.
Corrie: Okay, Council, you have the amended ordinance #684, Beer, Liquor and Wine
Ordinance. This is an ordinance of the City of Meridian amending title three, chapter
two section 3-201 of the revised and compiled ordinances of the City of Meridian adding
the provision that no liquor by the drink, wine or beer license shall be issued to any
businesses or establishments which is in an adult business and no business or
establishment which has liquor by the drink, wine or beer license shall be issued an
adult business and approve an effect date. Is there anyone from the audience that
would like to have that amended ordinance #684 read in its entirety? Counselor, you
have that amended ordinance #684 in front of you. I will entertain a motion –
Bird: Mr. Mayor, I make a motion that we accept the amended ordinance #684 with
suspension of rules.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley—
Bird: Excuse me, pass the ordinance.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 12
Corrie: Okay, motion on the amended ordinance #684, motion by Mr. Bird and second
by Mr. Bentley for the approval of the amended ordinance #684, suspension of rules.
Any further discussion? We'll have a roll call vote.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yes.
MOTION CARRIED: All ayes.
Crookston: You need a roll call vote on that.
Corrie: We just did it.
Crookston: I'm sorry.
Corrie: The next is ordinance #791. Okay, this is ordinance #791, is an ordinance of
the City of Meridian repealing title 8, chapter 19 of the revised and compiled ordinances
of the City of Meridian and providing effective date. Now is there anyone from the
audience that would like to have this ordinance #791 read in its entirety? Okay,
Council.
Bentley: Mr. Mayor, I move we approve Ordinance 791 with suspension of rules.
Bird: I will second it.
Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we accept Ordinance
#791 with suspension of rules. Roll call vote.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: Ordinance #792 is an ordinance of the City of Meridian enacting a new title 8,
chapter 19 of the revised and compiled ordinances of the City of Meridian and providing
an effective date. And this is the adult business ordinance. Anyone from the audience
who wish to have this Ordinance #792 read in its entirety? Yes, ma'am. Mr. Attorney
would you please read that.
Peggy Gardner asked that Ordinance #792 be read in its entirety.
Crookston: Ordinance #792 was read by Mr. Crookston in its entirety.
Corrie: Thank you Wayne for reading Ordinance #792, and it's read in it entirety.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 13
Bentley: Mr. Mayor, I have a question for the Counselor. On page 11, paragraph 8, 19,
13; fourth line from the bottom. It reads, the licensee and enable him to respond shall
be given. Should that read him, her?
Crookston: Statutes and ordinances, generally the masculine includes the feminine.
Bentley: Okay, thank you. That's all I have.
Corrie: Any further questions from Counsel?
Bird: I have none.
Corrie: Okay, I'll entertain a motion on ordinance #792.
Bird: I make a motion that we pass ordinance #792 with suspension of rules.
Anderson: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Anderson to approve ordinance
#792 with suspension of rules. Any further discussion? Hearing none.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea.
MOTION CARRIED: All yea.
Bentley: I know Mr. Crookston can't talk anymore so I make a motion we take about a
five minute break.
Bird: You've had us here since 6:00.
Corrie: Do I hear a second to that motion?
Bird: I'll second it.
Anderson: I'll third it.
FIVE MINUTES BREAK — BACK ON THE RECORD 8:56 P.M.
ITEM NO. 6: PUBLIC HEARING: PRELIMINARY PLAT FOR THUNDERCREEK
SUBDIVISION BY MERIDIAN LAND DEVELOPMENT COMPANY:
Corrie: I invite the developer to come forward first.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 14
CHARLES EDDY WAS SWORN BY THE CITY ATTORNEY.
Eddy: Well, this is a fairly straight forward project. This project was first submitted to
the City of Meridian a few years ago. It was not pursued and the time ran out on the
application. Meridian Land Development Company purchased the project and has
reapplied with some modifications to the original drawings submitted. Modifications
have been redoing the lot structures so as to allow more streets to go access to the
south property. This project is located north of West Pine approximately six hundred
feet and directly adjacent to Ten Mile on the west side. It's 6.4 acres. The properties to
the north and east are zoned R-4. The property to the south is R-2 zone, Ada County
Zoning. I said it is a straight forward project. There's not a lot of whistles and bells to it.
The developer has agreed to meet all the conditions that have been put forward by staff.
And I'd be happy to answer any questions that you might have.
Corrie: Thank you. Any questions from Council?
Bird: I have none.
Bentley: I have none for him.
Anderson: None at this time.
Corrie: Thank you very much.
Bentley: Mr. Mayor, I have a question for staff.
Corrie: Well, we've still got the public hearing.
Bentley: Okay.
Corrie: Anybody else from the public who would like to testify?
DAVE FULLER 890 N. TEN MILE WAS SWORN BY THE CITY ATTORNEY.
Fuller: I own the property just adjacent to the south of this Thundercreek development.
And recently have been in contact with the developer. I had a couple of issues that I
had a question, and that was the property line. Some of the ditches and fencing on the
south side. He's mentioned that there's a ten foot easement, he's going to put the
pressurized irrigation in there. Together we can work out the fencing. And the planning
and zoning, they would go with the non particle bench because the land is now
agricultural. And that piece of ground that I own will be developed rather soon probably
because they are stubbing two streets in now instead of one. The one thing I kind of
wanted to touch on with the City, and I guess they don't have too much to say about the
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 15
highway, but you drive down Pine Street and you see those big muddy holes on the
side of the roads in front of these new subdivisions. They look terrible, and I kind of
wanted to make sure that there wouldn't be a big muddy hole in front of this subdivision
right by that new Albertson's store just down the street. I don't know whether the City
can put a little more pressure on ACHD or not to get those streets looking better. I think
we ought to as a City and as Councilmen, we ought to put some pressure on the
County, because they are ignoring us out here. The traffic is real severe on that corner,
and I've been in contact with the highway department, and they say it's years down the
road. I would just like to testify that we need to do something, and I hope you guys can
get it done for us. That's all I have.
Corrie: Okay, questions from Council?
Bird: I have none.
Bentley: I don't have a question for him, but we have been wrestling with them over the
whole Ten Mile situation.
Fuller: We got the high school on end and the new school across the way on the other,
and the subdivision's going to link the subdivisions together but nothing is being done
on that corner, and it's got to be done pretty soon or you are going to have some
problems.
Corrie: Thank you very much. You are right. Anyone else from the public would like to
issue testimony in this? Okay, hearing none, I will close the public hearing. Mr.
Bentley, you had a question.
Bentley: Yes, I had a question for staff, Shari. How is the plans as presented to us, the
updated ones?
Stiles: This plat was previously approved by City Council. The only change that they've
made is to delete those four lots. I'm sorry, I think that they've satisfied all of the
concerns that I've had. They've addressed all of our comments. It seems like a pretty
straight forward project to me.
Bentley: Okay.
Bird: Do you agree Gary?
Smith: Yes.
Corrie: Any further discussion? I will entertain a motion on the preliminary plat for
Thundercreek Subdivision.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 16
Bird: I make a motion that we pass the preliminary plat for Thundercreek Subdivision by
Meridian Land Development Company.
Anderson: I second that.
Corrie: Okay, motion made by Mr. Bird and second Mr. Anderson that we accept the
preliminary plat for Thundercreek Subdivision
Company. Any further discussion? Hearing
aye.
MOTION CARRIED: All ayes.
by Meridian Land Development
none, all those in favor of the motion, sya
ITEM NO. 7: PUBLIC HEARING: INCREASE FEE SCHEDULE FOR PARK FACILITIES
USE:
Corrie: So I will open the public hearing and ask the park director to start the pubic
hearing.
TOM KUNTZ WAS SWORN BY THE CITY ATTORNEY.
Kuntz: Mayor, Council, I'm asking for two things tonight in the fee schedule. One is
park shelter reservations, and what we've done is realign the fees so that the fee
increases go up with every fifty people increment. Up to a maximum of 300 people in
the shelter. In addition then the rate will — that's for a four hour period of time. For
every hour after four hours the increment of increase would be $10.00 per hour. The
second part of this request is for a softball field reservation fee of $7.00 per hour that
will enable groups using the park shelters to reserve the softball fields and have
exclusive use of those fields for a set period of time.
Corrie: Any questions?
Bentley: I have none.
Bird: I have one. Mr. Kuntz, now in these reservation fees, will you have a park man
out there or is this to cover their wages or will you have one out there at that time?
Kuntz: Is this the shelter fee or the softball fee?
Bird: The shelter fee.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 17
Kuntz: What the shelter fee covers is cleaning the shelters inside, cleaning the picnic
tables and moving sufficient picnic tables under that sheltered area to accommodate the
size of the group.
Bird: Will this cover our cost of our employees to do that?
Kuntz: Yes, sir.
Bird: It will. Okay, that's the question I had Tom.
Corrie: Any further questions? I have one Tom. In the resolution that was #161, the
first one, it contained item number six which states the parks of the City of Meridian
shall be open until available to use 7:00 A.M. until 12:00 midnight. Do you wish to have
that included in your new one? I noticed it was left out here. There was the old
resolution 161 had it in there. Do you want that still added in this new one?
Kuntz: Yes, I would like that added to the new resolution from the old one.
Corrie: Okay, so Counselor, if you would note that in your approval to add that number
six of the old one in there to the new one. Do you follow me there?
Crookston: Yes, I do.
Corrie: Is there anyone else who would like to add testimony to the resolution number
161? Increase fee. Hearing none, I shall close the public hearing then. Questions from
council?
Bird: I have none.
Bentley: I have one. So what we are asked to approve tonight is the amended or the
resolution?
Corrie: Second amended. That's item number eight. This is the public hearing now.
We just finished it. Now closing that public hearing, now we'll go to — if there's no
further questions on that public hearing.
Anderson: Just one more question. On these other corrections, one is circled, and
one's underlined on page two. Do we need to do something on that Tom, where it says
Storey Park and change the word shelter from facility.
Kuntz: We're looking at the new ordinance on page two. Yeah, we want the ordinance
to read facility. That's the first one. We want it to read facility, not shelter so that it is
uniform and applies to our facilities not just the shelter. And on Storey Park, --
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 18
Berg: Mayor and Council, that was my question. I didn't know if there was going to be
any other facilities at Tully Park. There'd be shelters that you want to —
Kuntz: There will be and we want this generic so that it will address all of our shelters.
Bird: The copy I've got has that changed already.
Corrie: Thank you very much.
Kuntz: Yes, if you look at the amended ordinance that we are asking for approval
tonight, number three, it reads that persons, associations, corporations, other entities
desiring to use the Meridian Park Facilities, so that takes the place of Storey Park.
Bird: Let me ask you a question, Tom. Our's don't say amended, it says resolution
#161, and I got a stamp on it says March 12th. That's the one we are suppose to be
going off of.
Kuntz: Correct.
Bird: But it doesn't say amended.
Kuntz: Correct.
Bird: Okay, thank you.
Crookston: It should say amended though.
Bird: That's what Glen is saying.
Kuntz: Correct. The amended ordinance that I'm asking for tonight —
Crookston: Excuse me, we are talking about a resolution, not an ordinance.
Kuntz: The resolution that we are talking, asking for your approval tonight amends the
original resolution 161 so it reads generically park facilities.
Bird: But shouldn't this read amended resolution 161?
Kuntz: Yes.
Bird: So we need to change that in our motion?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 19
Berg: This is a second amended resolution, so it needs to a second amended
resolution. We've already amended it once from the original resolution. The question
with Storey Park was the reservations were to be made at Storey Park. I didn't know if
that's what you wanted to continue to do or have it read at the Parks Department shall
apply at Storey Park. That's my question. Once you get Tully Park on line, if you are
going to have them still continue to go to Storey Park to apply or if you wanted it to your
department.
Kuntz: Yeah, we want that to read shall apply at the Parks Department Office.
Corrie: We can have it rewritten up. And so where it says Storey Park, it will read
Parks Department Office. And in the number four, where it says shelter, it will be
facility, and adding number six to that which would read the parks of the City of Meridian
shall be open and available for the use from 7:00 A.M. until 12:00 midnight and all
people shall vacate the city parks no later than 12:00 midnight. Picnics shall end at
11:00 P.M. which gives picnic users of the park one hour of clean up and vacate the
park. That should be added in there as item number six.
Bentley: So we want a motion?
Corrie: Yes, I'm ready for a motion if you are. I've got to open up item number eight.
ITEM NO. 8: 2ND AMENDED RESOLUTION #161: PARK FACILITIES FEES:
Corrie: Now, Mr. Bentley, you can do it.
Bentley: Mr. Mayor, I would move we adopt the second amended resolution #161 with
the corrections made tonight and the addition of item no. 6 from the original resolution
#161.
Bird: I would second it.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird to approve the second
amended resolution #161 with corrections and alterations as made and item number six
from the first resolution #161. Any further discussion? Hearing none.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Bird, yea.
MOTION CARRIED: All yea.
Corrie: Mr. Attorney would you make those corrections?
Crookston: Yes, I will.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 20
ITEM NUMBER 9: PUBLIC HEARING: ADOPTING THE 1997 UNIFORM
MECHANICAL CODE WITH APPENDICES AND PERMIT FEE SCHEDULE:
Corrie: At this time I will open up the public hearing and invite the City Engineer would
like to testify first on this one. Would you like to testify on this to tell us what it's about
Mr. Smith?
GARY SMITH WAS SWORN BY THE CITY ATTORNEY.
Smith: Thank you. Mayor and Council members, this is a proposed amendment to our
Uniform Mechanical Code as proposed by our mechanical inspector for the building
department. Just makes a couple of changes to the document and it amends the
inspection fees. Puts them more in line with — it's less than what the present code
reflects. It's more in line with our neighboring cities, and it's at the recommendation of
our mechanical inspector, Rod Medley.
Corrie: Any questions?
Crookston: The purpose of the public hearing was because the dollar amounts are
increased; is that correct?
Smith: Yes, that's correct.
Crookston: Okay, thank you.
Corrie: Anybody from the audience that would like to enter testimony on this?
Hearing none, I'll close the public hearing.
ITEM NO. 10: ORDINANCE #790:1997 UNIFORM MECHANICAL CODE WITH
APPENDICES AND PERMIT FEE SCHEDULE:
Corrie: Is there anyone from the audience who would like to have Ordinance #790 read
in its entirety? You have the ordinance, is there a —
Anderson: Mr. Mayor, I would make a motion that we approve Ordinance #790
adopting the 1997 Uniform Mechanical Code with the appendices and the permit fee
schedule with suspension of the rules.
Bird: I'll second it.
Corrie: Motion has been made and seconded — motion made by Mr. Anderson and
second by Mr. Bird. Further discussion?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 21
Bird: I'd like to see it go into effect. We have to two public printings the 10th and the
17th. I'd like to see it take effect June 1 St. That gives them thirty days.
Corrie: Counselor, can we do that?
Crookston: It becomes effective once it's published. Once it's published, it becomes
effective.
Bentley: I thought if we set an effective date though, yes the ordinance becomes
effective, but the fee schedule change wouldn't become effective until the date we set.
Crookston: The ordinance itself becomes effective once it's published. If the ordinance
says that those rates will start on a certain date, that's when it starts, but the ordinance
itself becomes effective — Will?
Berg: If you look in the ordinance on Section 5, if you just change that effective date to
whatever date it would be, then when we publish the ordinance twice, it would go into
effect. That's what Wayne is referring to. In the past we have always given a grace
period for a time for them to should I say be notified that the fees are going to be
increased. Is that correct, Gary?
Smith: Yes. Our mechanical inspector felt that would be an adequate length of time so
that the contractors would become aware of the change in the fee schedule. June 1 St
Bird: Mr. Mayor, I'll withdraw my second.
Corrie: Okay.
Anderson: Mr. Mayor, I will amend my motion to read with the permit fee schedule to
have an effective date of June 1St
Bird: I'll second it.
Corrie: Motion is made by Mr. Anderson and second by Mr. Bird that the effect also the
corrections that the effective date to be June the 1St
Bentley: Is that 1998?
Corrie: 1998. 1 assume 1998. Any further discussion? All those in favor of this
ordinance? I'm sorry, Mr. Anderson?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, absent. Bird, yea.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 22
MOTION CARRIED: All yeas.
(End of Tape)
ITEM NO. 11: FINAL PLAT FOR HAVEN COVE NO. 7 SUBDIVISION BY MERIDIAN
LAND DEVELOPMENT CO.:
Corrie: Council you have the final plat application in front of you. Any questions?
Okay, we have the applicant here if you have any questions on that.
Bentley: Question for staff. Now Shari, what were you saying a little earlier.
Stiles: What I said earlier.
Bentley: What did you say earlier?
Stiles: It's the same final plat that was approved by Council previously. They've taken
out four of the lots because there's a little problem with the easement on the Eight Mile
Lateral that they need to get resolved before they can plat it.
Bentley: You don't have any problems with it?
Stiles: No.
Bentley: Gary?
Smith: There's no problem with the plat, Councilman. It's just like Shari said. It's the
same as what came through before short four lots. Thank you.
Bentley: I have nothing further.
Bird: I have nothing.
Corrie: I'll entertain a motion for the final plat.
Bentley: I move the City of Meridian approve the final plat for Haven Cove No. 7 (41
lots) north of Pine and east of Ten Mile Road.
Bird: Second it.
Corrie: Okay motion made to accept the final plat of Haven Cove No. 7 Subdivision.
Any further discussion? All those in favor of the motion say aye.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 23
MOTION CARRIED: All ayes.
ITEM NO. 12: FINAL PLAT FOR GEMTONE #3 SUBDIVISION (4 LOTS) BY
CROSSROADS BUSINESS CENTER LLC WEST OF EAGLE AND NORTH OF W.
PINE:
Corrie: Any discussions? Council, is the developer here. He's right here in case we
have any questions from him. Do you want to say something?
Elg: Just a couple of quick questions. On general comments number one. As you'll
note in our comment sheet, we tried to contact Nampa Meridian and Settler Irrigation
District and both of them claim that the ditch that is in question isn't in their jurisdiction,
so we don't know — you know it's requesting that we get a letter of approval from them
so we would ask that you waive that requirement. That if we can't get an approval letter
from one of them that as it's stated here, therefore we request this be amended to not
include further approval from the owner of the ditch since the owner cannot be
identified. The ditch will be tiled for Meridian ordinance.
Smith: Mr. Mayor, Councilmen, I don't know. Sometimes we have a lateral users
association just down stream users of the ditch that have to be contacted, and we've
had happen in the past where it's not a district ditch or either Settlers or Nampa
Meridian, but somebody is responsible down stream for that ditch or getting the water
through the ditch. So, that's what we would ask, and we've had to in some cases
developers have had to go knocking on doors down stream and find somebody that has
an interest in the water flowing through that ditch, and we just ask that those users are
aware of the plan to pipe the ditch, what the plan is, so that they can voice any concerns
they may have at that time.
Elg: We don't have to get a letter of approval from them necessarily? Instead of —
Smith: Yes. That's what we are asking is that if you find somebody down stream that —
in fact, we've had developers that have had to send certified letters out to these people
to get them to respond or not. You know, we need to make — you need to make an
effort to contact those people.
Elg: And that was my question because some of them may not respond.
Smith: Right, and if you send —
Elg: (inaudible)
Smith: Correct. Right. Thank you.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 24
Elg: Number three, I briefly discussed this with Bruce Freckelton. In commercial
developments typically the landscaping for these projects is in the front, and as you can
see in the conditions, ten percent of the open space or ten percent of the (inaudible)
requires to be a landscape. Stan and I were talking and I believe the ordinance requires
that the pressurized irrigation be in the rear of the lot, located in the rear of the lot
septic. Is that the case, Gary?
Smith: Mayor, Council, Van, we've tried to separate the pressure irrigation from the
domestic water so that we don't have somebody tapping into a pressurized irrigation
line for some kind of domestic water use. And so yes, the answer to your question is
we've to keep those systems in the back.
Elg: I guess the only thing that I would ask or at least try to consider is that maybe in
this case of Gemtone, I believe that there's a 20 foot separation from parking anyway.
So there maybe room for an additional easement beyond the utilities easement in the
front of the lots, so we could put the pressurized irrigation in the front and not have to
run it to the back and then back up to the front again around all of these lots.
(Inaudible)
Smith: We can certainly look at that. I don't have a comment.
Elg: That's something we can work out with staff, that's fine. We just wanted to make
sure that (inaudible) so they weren't bound by something (inaudible). That's all I had.
Corrie: Any further comments on that with Gary?
Smith: Just one comment Mr. Mayor and Council and Van. I guess my staff, Bruce
Freckleton, is a little bit concerned about getting some kind of commitment as far as the
pressurized irrigation system is concerned. I think there's been a lot of discussion as to
possibilities. Gemtone No. 1, which I believe consists of Bluecross facility. They have
their own system that they are operating out of their pond area. Gemtone #2 1 don't
think has a system yet. That's just to the west of Bluecross and now Gemtone #3, and
we've talked about individual subsurface wells, shallow wells, that would serve an
individual per lot system, and I understand the problem that the developer has in
supplying a system because they don't know how their land is going to be sold in terms
of size of lots, or number of lots. So it does create a little bit of a problem for them to
design a system. But we're getting down to the final plat, and that was one of the
comments that the engineer for the project mentioned is that this condition would be
addressed prior to the final plat signature. And we're getting pretty close to that time, so
we really need to get this nailed down as number one, whether it's going to be a district
system or not. And just exactly what that system is going to be.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 25
Elg: Gary, I do know the bonding is in place and I think it expires in June for pressure
irrigation and streetlights for this project. It is a little difficult as you and I have
discussed in trying to come up with a way and so Council understands the way that this
subdivision was platted, it was platted with a number of small narrow lots that could be
purchased in block so that a large corporation or company could come in and purchase
"x" number of lots and develop on them. If we were to put in the pressure irrigation right
now with it being required to locate it in the rear of the lots, then somebody could easily
come in — if they wanted to buy back lots, we'd have to reroute the pressure irrigation
because we'd have to (inaudible) top. It causes some difficulties because of that
situation, so they've had a buyer out here in Gemtone, but apparently Bluecross has
some say in what happens out there according to their agreement with the developer
and Bluecross is not happy with the type of project that was going to come out there, so
they quickly pulled the deal supporting Bluecross people. And so they are looking for
good buyers and they also want to save their — not build a system that is not going to
serve them or that's going to be excessive that they are going to have to change later
on. So that's the point (inaudible) in doing it this way. And that's why I say if we can
route it around the front, that might help simplify the problem also. We still get into the
problem though of having to put individual services to each lot. If you don't know how
many lots each owner is going to buy, you have to put in individual services to each lot,
and that's excessive too perhaps. So what may end of happening Gary is
understanding that this has to be done before final plat signature, we may request an
extension up and to the time of this plat approval — I think we have a year to record the
plat. If we request an extension of that bond amount up and to the expiration date of
this plat. That's something that I guess we've discussed briefly. But I don't quite know
where to go from here before the hearing, the last time you and I talked, there was a
buyer for the site, and so we were planning on proceeding forward with some sort of
irrigation system. At this point the buyer has — I've said the deal has been killed, and
that was kind of what was spurring this plat along also. (Inaudible) But in any event we
may end up having to request an extension of that bonding amount to coincide with the
expiration date of this phase three plat and see what we can work out between here and
there.
Smith: I guess I don't have a problem with that for the pressurized irrigation as long as
we keep track of it, and as long as we can track this thing and we know that we are not
going to lose it. I'd sure like to see the streetlights go in though.
Elg: You talked to Tom about this, and the bond amount includes streetlights for the
Treasure Valley project also. Not just this one, which Tom agreed, I guess the bond
lapsed or something in the past. I don't know what happened. But in any event he
agreed to include the streetlights of Treasure Valley in this bond for the Gemtone
project. The problem is there aren't any transformers to put — it's going to be extremely
expensive to put in streetlights right now. Bruce suggested that we put in some sort of a
conduit, run it through Treasure Valley and through Gemtone and maybe run the wires
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 26
at that point, connect as needed. That might be a reasonable option. We'll investigate
that. (Inaudible)
Smith: Okay, thank you.
Corrie: Thank you. Any questions?
Bird: I have none.
Corrie: Any further comments or questions of staff? Okay.
Bentley: I have a question for Gary. Everything else is in order this Gary?
Smith: Yes, I believe so.
Bentley: So what we are looking at is approval with conditions set forth and the working
out of the irrigation and the streetlights?
Smith: Yes, I think the irrigation is the biggest issue, Councilman Bentley. I don't think
that the tiling of that one ditch and the approval of the down stream users is a big issue
as long as they make the effort to contact the down stream users and try to get a
response from them. The irrigation system for the subdivision, I think that the approval
definitely needs to be conditioned on the resolution of that part of the development plan.
Bentley: The irrigation.
Smith: Yes.
Bentley: Thank you.
Smith: I know it's a tough question, but there needs to be a decision made on it to
move forward with a plat signature.
Bentley: So possibly with some time and extension if he needs be, then if we could
possibly get it worked through.
Smith: Yes. I don't particularly want to encumber the developer with the responsibility
of putting in a system that will change or have to be changed after the property is sold.
But on the other hand, I don't want the property to be sold. I don't think the City wants
the property to be sold without the irrigation system.
Corrie: Any further discussion? I will entertain a motion on the final plat.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 27
Bentley: Mr. Mayor, I move that we approve the final plat for Gemtone #3 (49 lots) west
of Eagle and north of W. Pine subject to completion of the staff comments and
requirements and resolving of the irrigation issues and the attempt to contact the ditch
owners of that down stream ditch.
Bird: I'll second that.
Corrie: Motion is made by Mr. Bentley and second by Mr. Bird on the motion as stated.
Is there any further comments? Hearing none, all in favor of the final plat of Gemtone
#3 Subdivision, say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: FINAL PLAT FOR ELVIRA SUBDIVISION (49 LOTS) BY RON CROW:
EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON:
Corrie: Is Mr. Crow here this evening? Yes, or the engineer, I'm sorry.
Stanfield: Scott Stanfield with JUB Engineers. First I would like to apologize for not
getting a letter of response to city staff comments. For some reason or another I didn't
get a copy of the comments until this afternoon, but I did have time to look it over and if
it please the council I would like to take a brief moment to touch on four on those. First
is we agree with all of the comments with clarifications and exceptions to a total of four
of them. First one is the site specific comment number two in that we are required to
construct a six foot high perimeter fence on — my question would be does that pertain to
areas where an existing fence is already in place.
Bentley: I didn't hear your head shake.
Stiles: If there is an existing fence that's built, we don't require you to build another
fence. This was kind of a generic comment, but the perimeter fencing, we have made
exceptions wherever there's adjacent residential developments.
Stanfield: That's fine. Site specific comment number three, if you read along in your
copy the third to the last sentence states a minimum of five feet from top of bank shall
be allowed on the western bank of Five Mile Creek. That would be for the rear lot lines.
Right now we show two to three feet beyond the top of bank that rear lot line. And that
came about because Nampa Meridian Irrigation District requested that we shorten that
distance down to two to three feet to decrease their maintenance responsibilities.
Bentely: Oh, they never cease to amaze me.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 28
Stanfield: We do have on the eastern side is the easement (inaudible) so we are
(inaudible)
Bentley: Mr. Mayor, I have a question on this. So they move their lot line to three feet
so they don't have to maintain it. They decide to put a fence up on that lot line. Now
are we going to hear from Nampa Meridian on this, just as bad as we're wrestling with
them over on Cherry Lane?
Corrie: Good question.
Bentley: Nobody wants jump on that one, huh?
Smith: Mr. Mayor and Councilmen, I assume that they are going to have to have an
encroachment agreement.
Stanfield: We are working on the license agreement.
Smith: So the license agreement will specify, I assume will specify, that type of
language if they agree to that two to three foot from the edge of bank. That would be
part of their license agreement. They would sign off on that. If there isn't a
maintenance access road for File Mile Creek, Five Mile drain on the other side, then I
don't the irrigation district is particularly interested in both side. They would just as soon
have someone else take care of it. So I don't think they'll have a problem in signing off
on that as a license agreement.
Bentley: Okay, thank you.
Stanfield: (Inaudible) Two more quick comments. Site specific number seven states
provide five foot sidewalks and pedestrian walkways in accordance with City Ordinance.
Again it says including lots 30 and 34 of Block 1. These lots weren't intended to be
(inaudible). The current city policy requires that we provide a 20 foot wide access for
the city to maintain access to the sewer line. Consequently we are going to pave the
entire 20 foot width of (inaudible). The next comment, the last one site specific number
eight, the very last sentence makes reference to keep the sewer lines on the south and
west sides of the centerline. I just want to make sure this does not pertain to the
existing north south sewer line that runs through the property because of the existing
topography at Five Mile Creek and the required lot depths. North Cabbage Street, the
existing sewer ends up on the east side of (inaudible) water on the west side. When we
go to the north half of the development putting the sewer line along that and (inaudible)
Bentley: Can I have a comment from Gary on that?
Corrie: Okay. I also wanted on number seven from Shari, but go ahead.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 29
Smith: Mr. Mayor and Council members, I don't think I'm totally knowledgable on what
conversations may have taken place between my staff and JUB Engineers. I'm sure
that it's been discussed. And I understand the situation with the sewer. It's there, and
it's — the corridors have been flipflopped between sewer and water in this particular
case. We did have a similar situation in Dakota Ridge out at Ustick — it is the
Ashenbrenner property, and we had an area in there where we had a similar situation.
The layout of the subdivision required the sewer to be on the opposite side of the street
where it should be and the sewer was already there.
Bentley: So we're not asking him to move the sewer.
Smith: No, sir.
Bentley: And everything is fine the way it is.
Smith: Yeah, I think we can live with it.
Corrie: Let's back up just one for my edification. Shari, what about item number seven
and the sidewalk.
Stiles: If they want to pave that entire area, that's fine with me. I would like to maintain
the access between the subdivisions. The lot 30, that area, it does continue over into
Danbury Fair Subdivision and will provide a good interconnection between those
neighborhoods. They'll need to put some ballards up there to keep the cars out, but if
they want to pave the entire 20 feet, that's fine with me.
Stanfield: Lastly this development is going to be renamed Sterling Creek Subdivision.
(Inaudible) That's it, unless you have any questions. Again I apologize for the written
comments, but we will (inaudible).
Corrie: Any further questions?
Bentley: I have one of Shari. She looked like she was reaching for the microphone.
The question I have is on having not received the written comments.
Stiles: I would like to get the written response to this. We also need to receive the
CC&R's. We haven't draft of those yet. And I would kind of like to go back to item
number three. In the preliminary plat we also expressed that we didn't want the
encroachment on the east side of that easement so that the full width would be
maintained for the possible future pathway. It's was a little difficult for us to tell because
of the change in scale from the preliminary to the final where those contour lines would
end up. But if they get the encroachment agreement, I was wondering why Nampa
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 30
Meridian wouldn't also allow utilities to be placed within the immediate ten feet adjacent
to the back lot line. Because this is going to be very difficult to follow because people
are going to say, well, you've got a 15 foot rear setback, and they would in fact be
building on top of those utility lines. That's going to be real hard for us to track. And
particularly if there's not any special setback requirement shown on this plat.
Stanfield: If I can add now, we are going to concur with everything on this list that
Shari's mentioned. We are (inaudible) that area so there is no conflict with the setback.
(Inaudible)
Stiles: Is there any possibility that if you get the encroachment agreement, they will also
let put the utilities in there? Or is BOR involved in this?
Standfield: BOR is not yet. We haven't heard from them. Something we can definitely
look at.
Stiles: I think it would be a lot easier down the road because a lot of times, people will
just call and say what are the setbacks and you tell them and then they go build a shed,
you know, pour concrete slab or something without a lot of times even getting a building
permit.
Standfield: (Inaudible)
Stiles: Thanks.
Corrie: Shari, would you be more comfortable holding this for one more council meeting
since we don't have the CC&R's and the answers or does it meet your agreement
there?
Stiles: I guess since it is a final plat, I would be more comfortable seeing what the final
is really going to look like.
Stanfield: (Inaudible).
Corrie: Those are the four that bother me particularly number three. The minimum of
five feet, three feet. I don't know whether Shari's comfortable with that or not.
Standfield: (Inaudible)
Corrie: It's up to Council.
Bird: I'd like — when did you receive these?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 31
Stanfield: I could not find a copy in our office and then this afternoon I called Mr.
Freckleton and left the message and he was kind enough to fax (inaudible). But to say
whether we received them or not, I don't know.
Corrie: Any further questions? Okay.
Bentley: I'm still like you. I just don't know what to think of this, giving up two more feet
back there. I mean it's nice to give it to somebody. I still have a problem with falling in
line with the irrigation company. Shari, you don't see a problem on that?
Stiles: With going from five feet to two or three feet? The reason we put the five foot
requirement is that's what we are putting in the new ditch ordinance. We've had some
problems in town with the slopes erroding and fences literally falling off into the
drainages and the creeks. I'm afraid with only two feet instead of having five feet, that
somebody might actually be able to walk down there and actually maintain it. It's going
to be two feet that's going to be impossible for anybody to do anything. So that's why
we asked for the five feet.
Bentley: Thank you.
Bird: Shari, do you feel comfortable or do you want hold it down for the next meeting?
Stiles: I guess I don't feel entirely comfortable with it at this point. I'd like to know how
soon that encroachment agreement is scheduled to be acted on by Nampa Meridian,
whether the Bureau of Reclamation is actually involved in this. I would like to see some
of the changes actually incorporated on this, some of the major ones, and maybe even
some kind of an overlay provided to just show where the actual contra lines are on this
plat because it is hard to tell from the preliminary to this where those contra lines falls.
Bird: Shari, I'd also like to know when we sent these, whether we faxed them, how they
were sent to their office when they done.
Stiles: They were completed on —
Bird: They were completed on March 31 st, but when did they go to them?
Stiles: It was my understanding that they were faxed that day, but —
Bird: By whose machine?
Stiles: Public Works Department.
Bird: Do you have a recording on that Gary that can tell us?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 32
Stiles: I think there is a monthly periodic printout that comes out. I don't know if Bruce
had a confirmation that he kept in the file.
Bird: I'd just like to know for myself. It don't have any determination on how I vote
tonight, but I'd like to know for myself.
Stiles: Is it possible Gary Lee had them?
Stanfield: (Inaudible)
Bird: I'm done. Thank you.
Bentley: Mr. Mayor, I too have some concerns with some of the missing items here. I
would make a motion we table this to 4/21, and hopefully be able to get the CC&R's and
some of the other — and the written response to the staff comments to them and get this
situation done with the irrigation.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we table item number
13 of the final plat for Elvira or Sterling Creek possible okay until 4/21/98, next meeting.
Any further discussion? All those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
ITEM NO. 14: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK
— 3175 N. TEN MILE ROAD:
Corrie: Would you like — is she here? I was apologizing to somebody else. Okay,
Council the letter I guess is request to hookup to sewer. Have they talked to you, Gary?
Smith: No, they haven't. They didn't talk to me specifically about it. We did stub a
service line to the property along the south side of the well lot number 19 when the
Englewood Creek was constructed to provide service at some future time if they
required it.
Corrie: Does that require a water hookup along the sewer or can we just give them
sewer? How do we know how much water they use?
Smith: Well, in the past, it's kind of been a council decision as to whether you require
them to connect the water at the same time or not. There is water available in Ten Mile
Road. If they aren't connected to water, then what we've done in the past is just
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 33
assessed them a flat rate per month for the sewer use based on a single family
residence in the area.
Corrie: Council, any questions?
Bentley: Yeah, I wish they would be here tonight. I'd sort of like to ask them the fine
question we ask everybody. Are they planning on annexing or what are they planning
on doing here?
Corrie: Shari, have you had comments with her?
Stiles: There are two homes located on that lot. I don't know if you are familiar Bernie
Jestrabek that does the sculptures. She lives in a house back behind the main house.
And I don't know if this request is for both of them or just one, and I don't know if they
share a septic or what the particulars are of that.
Bird: Is this the old Gray place out there on the corner. There is two (inaudible).
Corrie: We probably need more information from them.
Bentley: Mr. Mayor, I would sure feel comfortable if we had some more from them,
possibly have them come talk to us at the next meeting.
Bird: I would like to see them hook up water with the sewer.
Corrie: I will take that as an entertainment for a motion to table and have them contact
us and come next meeting.
Bentley: So moved.
Bird: Second.
Corrie: Motion is made by Mr. Bentley second by Mr. Bird that we table this to the
meeting of April 21, 1998 and ask that they come to that meeting and explain what they
really want. Any further comment? All those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
Corrie: Shari, would you contact them and tell them that we would like to talk to them?
Thank you.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 34
ITEM NO. 15: REQUEST TO CONNECT TO UNITED WATER BY FRIENDSHIP
CELEBRATION — SOUTH OF CHINDEN ROAD BETWEEN LOCUST GROVE AND
MERIDIAN ROAD:
Corrie: There you are. Thank you for staying so late here. Would you like to come up
please.
Houst: My name is Tom Houst. I'm the pastor for the Friendship Celebration, and I
have given a letter to the Mayor and to the City Engineer, and I don't know if the Counci
have seen that letter. I just would ask if you have any questions for us as far as this
request. We talked to (inaudible) and we do not have the volume of water on the
property in case there would be a fire, and the eventually we build the church and
probably begin a pre-school as soon as we would go through planning and zoning. So
basically we are asking for a variance of connecting with United Water until we Meridian
Water District would provide water to that property.
Corrie: Any questions of Mr. Houst? They would have to bore underneath would they
to get under there? Okay.
Houst: (Inaudible) and I think we are a quarter mile away, so it would be very spendy to
do it this way, but a couple of options that there are, it seems to be the best (inaudible).
Corrie: But you prefer to hook on to their water at this point?
Houst: (Inaudible)
Bentley: I have a question for staff, but I don't see Gary.
Houst: (Inaudible).
Stiles: To make sure there's not an emergency situation out there.
Bentley: Then I'll ask the counselor and Mr. Mayor, anybody. I don't recall one of these
requests before. Can anybody tell me if we'd had one before?
Corrie: Not of this nature, no. He does need water — the fire marshal to take care of his
fire flow, and is this also your domestic water too? No?
Houst: Probably not. All we are going to do is put in a fire hydrant. We to be able to
produce 1500 gallons per minutes for two hours. That's a lot of water. That would
mean a very sizable well or a sizable pump. I think probably you are aware of the LDS
church they (inaudible).
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 35
Corrie: This would be a fire plug only to hook up to and have water I guess. Not
drinking water.
Bird: When do you plan on building out there? I mean is it in the near future or —
Houst: I would hope in the next two three years that we would build the building and
that there is a house on the property and we would go through Ada County Planning
and Zoning to begin (inaudible) as soon as possible. Skip Voss has gone through the
house, and he's told us the various things that we would need to do to get that house
approved by the fire marshal or the preschool, but Ada County Building Department
also (inaudible).
Bird: And you are still lacking water pressure with just putting using the house as a
preschool. What I'm trying to get is the existing house —
Houst: Hasa well.
Bird: Has a well, but there is still not enough to —
Houst: Not to that point.
Bird: I was thinking in maybe two or three years, we'd have our system out that way,
but if you were building — as long as the house would — the existing would be sufficient
for just the house.
Houst: How close is Meridian Water District (inaudible) two miles.
Bird: You're probably just about approximately right. We're on Meridian Ustick and I
believe — of course the new well going in out there on the corner of Meridian and Ustick.
I don't know if we're a half mile up from there or not, but we're right about that area, so
which basically we would be about two miles from, and United Water is right across the
street there in Branbury and down that way. Eagle and the United Water.
Houst: (Inaudible)
Bentley: Mr. Mayor, can we table this for — here he comes, never mind.
Corrie: Mr. Smith, Mr. Bentley has a question for you.
Bentley: This is concerning Friendship Celebration Church talking about hooking up to
United Water for the purpose of a fire hydrant. Your thoughts?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 36
Smith: Well, I think that as far as their needs are concerned, we are not there and won't
be there for quite some time. I guess the only thing that I talked to the Mayor about
when the pastor's request came in to me was the stipulation that the church would
connect to the City of Meridian if and when we were there. And I guess that's one of the
things to consider here. I guess it gets back into the impact area thing again, and we
want to maintain that boundary line, but we can't serve their needs at this time.
Bentley: So do you have a problem with it?
Smith: No, I don't as long as, and I concur with the Mayor's thought that they would
maintain the or there would a responsibility for them to connect to city water, City of
Meridian water at such time that the water was available.
Corrie: And I believe Tom's agreed to that.
Bird: Gary, how long do you project? I mean we know we got to be out there within
nine years.
Smith: Well, yes. I really don't know how to answer that, Councilman Bird. We're
going to have to head that way with the sewer system. We've already run into one
instance where there's a private water system that wants to service a subdivision that
we are going to try and get to with sewer. There is a big question once a subdivision or
once a development connects to another water system, and the City of Meridian shows
up and requires them to connect, then all of the costs that they may have paid to the
other water system has to be paid again to the City of Meridian to connect, so that's a
question that needs to be answered somehow as far as a double assessment to a user
Bird: Also you've got the specifications, the right pipes, the right lines and everything
coming in?
Smith: That's correct. Typically water companies will use an AWWA water pipe for
example, and that's pretty much a standard water system. It wouldn't necessarily have
to be that way, but it's pretty much standard among water companies. But I guess I
can't answer your question specifically on when we would be there. It's at least nine
years away.
Bentley: I hate to see somebody hung out to dry as far as (End of Tape)
-- the water company for the purpose only of having fire prevention, a fire hydrant there.
And that upon the time that the City of Meridian is there that they hook up to City water.
Bird: I'd second that.
Corrie: Motion made and second the motion, -- Mr. Counselor, you had a question.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 37
Crookston: If the motion is approved, I think that it's mandatory that we have an
agreement entered into that they will connect to the City of Meridian when the City of
Meridian water becomes available, and that they are in our area of impact. The
question is to whether you want to be annexed or not at the time you become
subsequent, you know, adjacent to the City of Meridian, but there definitely needs to be
an agreement.
Bird: I'll withdraw my second.
Bentley: Yes, I'd like to amend that motion to include a written agreement to be drafted
and approved by Meridian City Attorney.
Crookston: I think it should be approved by — it should be prepared by themselves.
Bentley: Okay. I would agree to that to amend it to a written agreement prepared by
them and approved by us.
Bird: I'll second that.
Corrie: Motion made and seconded on the amended motion. Any further discussion?
Anderson: Mr. Mayor, I don't disagree with what you guys are doing, but in Councilman
Bentley's motion, he specified that the water could be used for fire protection, and I
guess I have a little problem with that. If for some reason their well goes bad in the next
nine years, it seems kind of silly if they've got water right there in the front yard for a fire
hydrant, why they couldn't hook to that and use it for domestic water as well.
Corrie: Withdraw the second and we'll go for another amended motion.
Bentley: I'll just withdraw the whole motion and start over.
Corrie: I think you are going to get what you want, but it's just gonna —
Bentley: Mr. Mayor, I move that we allow Friendship Celebration Church to hook up to
United Water with the stipulation that they provide a written agreement with the City of
Meridian to hook up to city water as soon as it's available.
Bird: I will second that.
Corrie: Motion made and seconded. Any further discussion? Hearing none, all those
in favor of that motion say aye.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 38
MOTION CARRIED: All ayes.
Corrie: If we will get together and get that statement made, we'll be —
Houst: (inaudible).
Smith: Mr. Mayor, I took the liberty to call the applicant for item number 14 to see if they
had an emergency situation with that sewer connection. She was at home and I talked
to her briefly. She said it's not an emergency and that she would be in attendance at
the council meeting on the 21 st. And she will probably call city clerk to see where she
might be on the agenda. They want to connect the big house. There are two houses
there as Shari mentioned. The little house is I think where she lives, the daughter lives.
Most of the water usage is coming from the big house. That's what they want to
connect and they don't want to connect to the water because they do have an artesian
well there. And she says it's very good water.
Bentley: Can I get her to hook it up to my house? I've got bricks coming out of mine.
ITEM NO. 16: WATER/SEWER/TRASH DELINQUENCIES:
Corrie: Is there anyone present who wish to contest their trash, sewer and trash
delinquency? The amount of the turn off list is $34,529.44. Do I hear a motion?
Bentley: Mr. Mayor, I move we approve the water delinquencies shut off list.
Anderson: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Anderson that we approve the
shut off list. Any further discussion? All those in favor say aye.
MOTION CARRIED: All ayes.
ITEM NO. 17: APPROVE BILLS:
Bentley: Mr. Mayor I move we approve the bills.
Bird: I second that.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we approve the bills.
Any further discussion? All those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 39
ITEM NO. 18: DEPARTMENT REPORTS:
Smith: No report this evening Mr. Mayor.
Stiles: I only had one item. I did get a request from John Steel the sometime developer
of Turtle Creek Subdivision for yet another extension. Their plat is now null and void, the
final plat that was approved. At this point, I don't know what to tell them. They've had
an extension. They've had a variance on the time requirements. They got another
extension. Last time the Council basically said this is your drop dead date. He's just
still trying to salvage something. The bank is involved. I have received an indication
that there's another developer interested in the property. And I think that's Mr. Steel's
attempt to somehow keep it alive so he doesn't lose everything. But at this point with
that many extensions I don't know what to tell them.
Bentley: I think they made it very clear the last time that this was it, and I'm going to
stand on that.
Corrie: Do I hear anymore comments from Council?
Bird: I agree with Glen.
Anderson: No comment.
Corrie: Does that give you direction for him, since it wasn't a direct request to the
Council?
Stiles: Thank you. I did have one other item. Scott Gull at Gull Pest Control now wants
to lease his property out to an asphalt maintenance company. He had made the —
apparently there had been an agreement some time ago that once the water was
available at Linder and Franklin, he would extend that water so he at least had a
hydrant at his site. It's never been done. I think he has a little conversation with Gary.
He's waiting for the City to foot the entire bill to extend the water line to his property. I
indicated to him that he would need a certificate of zoning compliance which would
involve his parking lot and driveway and also that in order to get a certificate of
occupancy, he would be required to have the building inspector, myself and the fire
marshal sign off on it, and that I didn't think it was likely the fire marshal would sign off
on it because of some of the chemicals that they use in their operation and the need to
have water there. So it's my understanding, they've already moved in. But I just
wanted to make sure that I had some back up from the Council as far as saying, yes
you do have to meet the ordinance requirements that are in effect today, and you do
need to have water on the site prior to being a legal operating business there.
Corrie: I understand you say they moved in already?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 40
Stiles: Yes, I was told that they had. The fire marshal is concerned about some of the
materials they may have out there. He's asked for material data sheets. I don't think
any have been provided. You never know if there is a fire out there, they have no way
to fight it, and then they don't have any idea what it is they are fighting once they get
there.
Bentley: It sounds like a job for a code enforcement officer. I definitely say no they
shouldn't be there, and they have to put the water in. That was what the agreement
was.
Corrie: Do we need a letter from the attorney?
Stiles: That would certainly help.
Corrie: I can't Scott would do that. It looks like we better get an attorney's letter to him
right quick.
Bentley: I would move that the City Attorney be in contact with these people and tell
them they are operating illegally and whatever else needs to be addressed in that letter.
Have him get with Shari.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird on the motion that was
stated. Are there any discussion? Hearing none, all those in favor of that motion, say
aye.
MOTION CARRIED: All ayes.
Crookston: I will do that.
Stiles: As far as the code enforcement officer, I'm still looking. Is there any discussion
as to changes that might happen that would affect that position? The list gets longer
and longer as what the code enforcement officer is supposed to be responsible. I would
like to get a little more definition on what the building official is going to do as far as
holding up his end of the bargain on enforcing occupancies which is included in the
Uniform Building Code. I wondered if there might also be a possibility to get any back
up from the fire department as far as weed control. People aren't necessarily worried
about what the weeds look like. What their main concern is the fires, and they've
started — the complaints have started in January about weeds. So I understood that the
fire department used to take care of that. I mean if they need something as far as a
form letter to be sent out, and there's something they could do to follow up or right now
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 41
code enforcement doesn't mean a whole lot because there's no teeth in it. What we
have been doing on the weeds, if we send them certified letters, there's a tremendous
amount of time involved in a single site. We have no enforcement as far as writing a
ticket. What we end up doing in the really bad cases is contracting out the work, having
it done and then hoping that City Hall follows through and puts a lien on the property to
recoup those costs at some date, but I'm not sure how that's been working, but we
haven't been left with any choice but just to go out and do it ourselves. Maybe the Park
Department would like to do that with their new tractor.
Corrie: Before we get too far off the subject. Do you want to share that with us Glen?
What she's asking at this time?
Bentley: I didn't realize we needed an in depth study on what I was going to bring up
under my turn was the fact that she needs a decision as to where these code
enforcement officers are going to reside. There was some earlier talk of moving it back
to the police department, and she needs some direction so she can get these people
hired as to where it's going to be. Whether it's going to be under P & Z and my opinion
and Councilman Rountree, I talked to him before he left. His opinion too is basically is
going to be dealing with the Planning and Zoning issues and it should remain as a
branch of planning and zoning, but I don't know what the other two councilmen's
feelings are on that.
Corrie: You didn't ask me but I agree with you.
Bird: I agree a hundred percent. I think she needs to get it going. But I also believe
that we got enough — that the fire department can certainly take care of the weeds.
They can go do the training on burning if they have to and put the — and make sure we
do get liens if we are doing it, filed. I don't know whose responsibility that is. But
whoever it is, let's take care of it. As a department head of planning and zoning over
these people, you should see that it does get taken care of, but I don't see any reason
the fire department can't do the weeds enforcement. I believe there's time, and I think
that Ron will decide that with me too.
Anderson: Put me in the hot seat. I agree that it should be done through the P & Z
department. I would disagree on the fire department actually going out and burning
weeds. Numerous cases been cited all around the country of all it take is one little
ember left when you roll up your hose and go back and it burns somebody's building
down. The City of Meridian would be buying a new building for those folks. What we've
done in Nampa is weeds are taken care of by mowing instead of by burning, and the
city code enforcement officer has the full authority to authorize that to be done. They
asked the home owners or the property owner to take care of it. If it's not done, then it's
contracted out and then a lien put against the property, and that's how I would
recommend handling the weeds.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 42
Corrie: Earlier we tried that with the fire department. It didn't work, you're right. And it
needs to be mowed rather than burned.
Bentley: One more add to that. Shari I think what you need to do if you would and
maybe have it ready for the planning session is to what you deem is necessary for that
job position. Not only in job description as to what the person is going to do, what the
person needs for support, either be a good supply of ticket books and ordinances to
uphold that job. You are saying it doesn't have teeth, and you and I have this
discussion before. We need to get the teeth in there to make it work and to make
people understand that if you don't have you permits in place, you are going to be fined
according to the state code. Let's get the ordinance put together and if you need some
help with it, let one of us know, and let's put it together and make it work. You know we
have this trouble with I don't know what to do next and how to get this stuff done, and
you've got the expertise and where the violations are lying. Give us some direction and
we'll help put it together for you.
Stiles: Well, I know Dean was busy all the time, but he would spend literally weeks,
possibly months on a single issue.
Bentley: Right and how can we shorten up the time span. You know that's the thing we
need to do. We need to improve on all this stuff so — we're trying to shorten everything
up. And we need some help with it, and of course some of this is going to be tied to
legal as to what we can legally do. Some of it is tied to legally you have to give them "x"
number of days. But we need to craft everything around that, and just shorten it up as
tight as we can get it. And fine them to the max.
Stiles: I think the main issue is that you've got to be able to issue citation.
Bentley: And I don't have a problem with it.
Stiles: You know we've got the rabbit problem over on Chateau that's been going on for
years, literally years, and those people have suffered through that every summer. They
are already dealing with the flies and the stench. The papers were filed May of last
year, and she's going to court finally this Friday.
Bentley: Would the pot belly pigs over there help?
Stiles: Only if they eat rabbit poop.
Bentley: Thank you.
Corrie: I know I went out of order there, but Chief, do you have anything?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 43
Gordon: Mr. Mayor and Council, I would like to thank the Council for the support on
those ordinances this evening. I realize it was short notice, but I only found out about
the additional four liquor licenses last week. I'm a little concerned that when they do
bring our population up to what it is now, what we estimated as, probably make us
eligible for another six to eight licenses, so this will be a good start in controlling some of
the problems and hopefully we can stay away from the pit falls that Caldwell and Boise
are suffering through. Thanks again.
Kuntz: I'd like to be moved in front of Shari Stiles at the next meeting for department
reports. You should have in your packet a memo requesting authorization to purchase
a small utility tractor through a four year municipal lease in lieu of renting. The
conclusion at that last page of the lease is that we received two quotes with Idaho
Tractor of Nampa being the low quote. The other quote was received from Burke's
Tractor of Nampa.
Bentley: Does this come with a trailer?
Kuntz: No, sir, we have a small trailer.
Bentley: You have one already.
Corrie: What's the cost of that tractor? Do you want to lease it or buy it?
Kuntz: We want to purchase it through a lease program. And the financial information
is all on the second page of the memo.
Anderson: In your first paragraph there, you state that you had $4,000 budgeted and
we're half way through the budget year for rental of a tractor. How much of that has
been spent so far renting a tractor?
Kuntz: None at this point because our busy season really starts within the next thirty
days.
Anderson: So if we applied that same money to this lease/purchase, we wouldn't have
to come up with any additional funding?
Kuntz: Correct. We would stay within that budget line for this year.
Bird: Tom, you really feel comfortable with this size of tractor is going to do everything
you want it to do or need it to do within the parks?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 44
Kuntz: We've been demoing the tractor for the last couple of weeks, and because we
had that question too, we wanted to make sure we got the appropriate size. The staff
feels like it is appropriate for the items that we want to do with the existing acreage and
Tully Park coming on line this year.
Bird: Tom is there — I realize we can't afford it this fiscal year, but in the next fiscal year
we could buy this out — are there any savings to us to buy out the lease contract to
purchase it?
Kuntz: On the second page you notice that if we run the payments out over the life of
the four year lease, we will paying approximately $3,200 in interest. So depending on
when we were to decide to pay that off, there would be a savings of part of that $3,200.
Bird: I see it is without penalty.
Kuntz: Yes, correct.
Bird: Good. I'd be willing to lease it this year and then next fiscal year, let's get it
bought. That would be my preference.
Corrie: Further discussion?
Bird: I make a motion that Mr. Kuntz proceeds through the Parks and Recreation
Department on this lease/purchase agreement and have the Mayor sign and City Clerk
attest.
Anderson: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Anderson that Mr. Kuntz do the
lease/purchase this year and the Mayor to sign and the City Clerk to attest. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Kuntz: Included in your packet should be memorandum in regards to allowing the Herb
Festival to be held in Storey Park of September of this year. And what I'm asking for is
authorization to proceed with an agreement to allow them to host their festival in our
park in September.
Bird: Do the City Council do that? That's what we hired you for. I know what it is. I just
want to find out for sure Tom, but I think that's something that we actually hired
somebody like you to take care of things like this so that everything didn't have to come
before the Council.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 45
Kuntz: Okay. I guess the one gray area is the fact that they will be selling goods in the
park as part of the festival. You notice there are homemade goods related to the —
Bird: That's what I was asking.
Corrie: You can do everything up to that point, then you have to approve.
Bird: What do we have to do, waive a license, Mayor, or get a license or conditional use
permit or what?
Corrie: I there's an ordinance that says that they can't sell in the park? Isn't there?
Kuntz: Well, there's an itinerant merchant permit application required by the City. I don't
know how to answer that question. I guess I would rely on the City Attorney to say
whether they can sell in the city parks or not.
Crookston: Under the existing ordinances, you cannot sell on the street unless you
have a permit. You can't sell in the park, you can't sell anymore unless you have a
permit.
Bentley: Question I have for Counsel. Does that mean every booth needs a permit or a
permit for the festival? Or is that our option?
Crookston: I believe it's at your option. You could require a permit for each booth is
you desired that or you could grant one for the entire festival.
Bentley: Do we have a fee already set for that?
Bird: That's what I was trying to get at for my own information. If we've got a fee set for
that, that is something that we've already got the license and stuff, do they have to
come before the city council to get that license or how is it worded?
Kuntz: The itinerant merchant permit requires a rate of four percent of gross sales. Anc
I guess the reason I'm bringing this before you tonight is I feel like the permit is
cumbersome enough that will definitely restrict any kind of festivals or groups wanting to
come and use our park if they are required to obtain this itinerant merchants permit in
order to hold their festivals in our park.
Bird: So what you are asking then Tom is to waive the permit? And how do we go
about that?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 46
Kuntz: Correct. I'm asking for you to waive the itinerant merchants permit process in
lieu of an agreement with the festival to be held in Storey Park.
Bird: How do we go about doing that when we got a license and an ordinance?
Crookston: You'd have to have a variance from applying that ordinance.
Kuntz: I guess I'm hoping that the nature of this festival is such that it's different enough
that it wouldn't require the itinerant merchant permit.
Bird: Tom, they are selling something their booths, aren't they?
Kuntz: Correct.
Bird: So our permit as Wayne just explained, our deal says that if you sell anyplace like
that unless you are in a licensed building I understand then you have to get this permit.
Am I wrong?
Crookston: No, you are right.
Bird: I think it's a great thing and I hope that we can continue this on a yearly basis, and
I don't want to see them with every booth pick up one of these permits. But I want to
waive it, but how do we do it? (Inaudible) come back two weeks from now and find out
we are in a pickle and have to do something over.
Anderson: I guess I need a little bit of clarification then on what requires a permit then
because I'm just thinking back there's a lot of things that go on in the year, during the
year throughout town. There's car washes at Cherry Plaza, the fire fighters do their
salmon feed. Wouldn't all those things require this same type of permit? They are
selling a good. They are selling a meal. They're selling a service for the car wash.
Crookston: They are on private property.
Anderson: And it's okay if it's on private property just not public.
Crookston: But I think what actually needs to be done is we need to change that
itinerant merchants ordinance.
Bentley: The question I have is Tom have you checked with Boise and what they do
when they have their Arts in the Parks and that sort of thing?
Kuntz: They have a special events, I don't know if I want to call them ordinance, and
the Chief and I are working towards bringing an ordinance to you that would encompass
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 47
this type of an event as well as the motorcycle rally. The problem is this group needs to
know — they need to know this week. They needed to know last month whether we
would allow them to host it because of the date not being available in the Botanical
Garden where they held it last year. So, I don't think time allows that to happen, but we
certainly want to get that type of thing in place so that we can have a generic policy on
how to do deal with these situations. The problem is I guess I view this a more of a
special event than I would a sales thing because it's not commercial products that they
are selling. They're homemade products related to their industry.
Corrie: How soon were you going to present that possible events ordinance to us?
Kuntz: Oh, we're at least sixty days away.
Bentley: What I think we ought to try and do and I understand what Tom wants to do.
It's time we opened things up so that we can get some of the these repeat things, and
maybe next year when they come back, we'd have something in place to say it will cost
you "x" number bucks for booth to be in there and be done with it, because that's what
Boise does. They charge for each booth that sets up and that takes care of all this stuff.
I guess it would probably be appropriate to — we can't just waive it. Wayne says we
have to have a variance. How quickly can we do a variance. I mean do we have to
have a written application from the applicant or can Tom do it, or where are we at?
Crookston: In order to do a variance, you have to have an application for the variance,
then there has to be a public hearing on it.
Kuntz: They won't be interested in that process. The memo that you've got in front of
you contains most of what would be included in an agreement. The reason we're going
with a flat fee versus a per booth fee is because for them to pick up their liability
insurance coverage which they don't normally have, it's going to be fairly costly to them.
If we require a variance, they're going to go elsewhere. I guarantee you that now, which
is okay too. I just don't feel like this request, this special event request, fits into the
perimeters of the itinerant merchant permit application, and that's my reason for coming
to you with this request.
Bird: I agree with you Tom. I don't want to lose this. We say we need a variance
because — tell me if I'm wrong, why can't we waive this license for one event?
Bentley: Because you can't waive an ordinance.
Crookston: That's correct.
Bentley: If everyone agrees with Tom's perception that this — does this thing apply as
an itinerant use?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 48
Kuntz: I don't believe it does. But —
Crookston: Mr. Mayor and Council, I'd have to take another look at the ordinance, and
I'd also like to know exactly what they are going to do before I render a decision and
render advice to the Council on that.
Bentley: How quickly could you do that?
Corrie: I don't think it's going to be quick enough for them.
Bird: They've got to know tomorrow. They've got to get some plans in. We've got to
make a decision one way or the other tonight and I don't want to lose these kind of
groups. These are the types of groups that will help our community. They bring money
into our community. They help our other businesses, and I don't want to see it not be
here. It's like that motorcycle rally, great thing for our community. I don't know how to
do it though. I mean, you know.
Corrie: Is there a possibility on there your ordinance that you want to put out in thirty
days, would it cover this and vote on it at that time with the understanding that the
Council, the three of you, agree that they can do that with that ordinance? Give them
that permission to do that?
Crookston: I have not seen the proposed ordinance, so I can't tell you.
Bird: Mayor, wouldn't they be actually throwing this event under this new ordinance?
Corrie: That's correct.
Bird: And we need a special events ordinance like these other cities have, Nampa,
Caldwell, Boise, so that we can attract these kind of nice, clean shows to our valley or to
our community. We hope to have some more park land developed one of these days
where we can have more of these shows and draw people over here. So basically we
can give an agreement and then we'd be — if we could get this other thing drawn up,
they could be under that.
Kuntz: I guess one option that we could consider tonight because we need to make a
decision on this tonight and I have no problem going back to them and saying we're not
going to allow it. But one option would be that we, the City, the Parks and Recreation
Department co-sponsor this activity.
Bird: Why can't through the Parks and Recreation Commission do it like they do the
March for Parks. And they don't have to —
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 49
Crookston: They are not selling anything in that.
Bird: Wait a minute. We're raising money and we're selling, yes, we are.
Bentley: We're selling food.
Crookston: In March for Parks?
Bird: No, that's giving away, plus that's on private property. Have them move up to the
Dairy Show land. That way they don't have to worry about it. You know, walk across
the boundary, you don't have to have a license, which is rediculous.
Kuntz: We're looking at the itinerant merchants, and it does require — it's required on
private property also. It's not just public property. I guess the bottom line is does this
special event require the itinerant merchant permit or not, and I'm hoping that you are
saying that it doesn't require it for this special event, and that we give them the green
light to move ahead with this.
Corrie: If it's in conjunction with the Parks and Rec. Department, do they need it? Now
we're asking some real tough questions here.
Crookston: At this conjure, I would have to say yes. I just haven't looked at the
ordinance. I understand what the City would like to have done, but until I read that
ordinance and get an idea as to what is going on, and what the ordinance requires, I'm
not ready to render an opinion.
Anderson: Do we sell any of these itinerant permits?
Crookston: Yes, we have.
Bird: But they are usually for sidewalk vendors, aren't they? Like the hot dog stand or
something like that?
Crookston: That and door to door.
Bird: Door to door, yeah.
Kuntz: And I guess the reason why I don't feel like this applies, this is one day event.
And maybe that has no relevance to it.
Bird: What does the itinerant thing say. Does it say for one day or does it have multi
days?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 50
Crookston: You can get an itinerant merchants for sixty days I think. Up to sixty days.
Bird: Anybody for one day has to pick up that permit? What if they sell them for
donations?
Bentley: Do we have any kind of a temporary permit?
Corrie: No, I don't think so.
Crookston: Not to my knowledge.
Stiles: Does the shaved ice booth there at the pool, do they get an itinerant merchants
license every year?
Bird: No, they don't. They don't have to?
Stiles: What's the difference?
Crookston: Well, for one thing it's not on city property.
Stiles: It doesn't differiniate whether it's on city — if they are doing it out of a hotel room,
it still applies.
Bird: Wait a minute now, that is on public property because that ground was donated, it
was given to the Western Ada Recreation by the Meridian Dairy Show. So that is public
money ground. Now, it's not on our tax —
Crookston: I don't think it makes any difference where you are selling the items.
Bird: But how come they wouldn't have to have it?
Corrie: Well, we definitely need a special festival ordinance. We know we got to get
that, so you might as well present that to the Council.
Bird: We need to find out for these people right tonight.
Bentley: I move we approve the special event ordinance I have before me. It says you
can charge a dollar if we want.
Bird: I second that.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 51
Corrie: Before I recognize that, I don't want to get in trouble. One thing you can do if
they had that — well you are taking a heck of a chance.
Crookston: For the record, is that motion withdrawn?
Bird: That motion is withdrawn.
Crookston: And the second.
Corrie: Yeah, it wasn't recognized. I don't know what that ordinance says either. The
special events ordinance —
Kuntz: Well, the special events ordinance basically allows for a permit process which is
about $35.00 and then it speaks towards the specifics for the events. Trash, water,
sewer, police, crowd control, music so forth and so on. It doesn't speak towards
anything as far as the itinerant merchants policy. So it really it speaks towards selling of
homemade wares, food, that type of thing. It speaks towards that. And it speaks
towards the financial arrangements between the city and the special event. And I guess
I've tried to address those things in that ordinance through an agreement to allow this
festival to go on. If nothing else on a trial basis for one year, and I hate to see the City
pass up the opportunity to attract this festival. It's small enough to where it's not going
to have a great impact on our facility, but will allow us to venture into that area with very
little chance of major losses, because of the size of the event.
Bird: Tom, if they have to get this license, what kind of a fee are we looking at?
Kuntz: They have to post a $1,000 bond. They have to be fingerprinted. I could just
tell you that this itinerant merchants permit application is burdensome to where they
won't be interested.
Bird: For a one day event they are not going to —
Kuntz: No, I mean they've already to get a liability policy for the one day event. They
understand the need for that, and they've been very good to work with.
Anderson: Can I make a suggestion here that we give them a verbal tentative approval
— this event isn't until September. In the meantime, you and the Chief put together a
special event ordinance. I would think that before September we could pass a special
event ordinance, and we give them a verbal tentative agreement, go ahead and do it.
Corrie: You could do an ordinance very quickly. It doesn't require a public hearing.
Correct Mr. Counselor?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 52
Crookston: No, an ordinance does not require a public hearing unless you have an
increase in fees and things like that.
Kuntz: The reason we needed to know now, was there are publications that go out
nationwide regarding herbs, and they want to make sure that it's included in those
publications. They don't want to lose that window of opportunity.
Corrie: Do we put that in a motion?
Anderson: Does it need to be in a motion?
Corrie: Well, it doesn't need to be. I guess just —
Bentley: We just need to light it up and get it done.
Bird: We just got to stand behind our word. If we don't put in a motion, I'm like the
Mayor. Either you put it in a motion or you stand behind your word.
Crookston: I would recommend that you have a motion so that Tom can reflect to these
people what has transpired.
Anderson: I will make a motion that Tom contact the Herb Festival and tell them that
they have our tentative approval and that we will be passing a special events ordinance
prior to their event.
:3 0Mvi IMOI"00Mi -9
Corrie: Motion is made by Mr. Anderson and second by Mr. Bird. Any further
discussion? All those in favor of that motion say aye.
MOTION CARRIED: All ayes.
Corrie: I would suggest that you get that to us as quickly as possible and we'll take it on
from there.
Kuntz: Thank you.
Corrie: Anything else Tom?
Kuntz: No, thank you.
Corrie: Counselor?
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 53
Crookston: I don't have anything to present to the Council tonight.
Corrie: Mr. Bird.
Bird: I don't have anything Mayor.
Corrie: Mr. Bentley.
Bentley: Yes, I have a whole bunch. Tomorrow we have to report to ACHD on the lane
striping for Franklin Road. Has everybody told the Mayor what they want to see?
Corrie: One person has given his notification. It was Mr. Anderson. And he gave that
to me with the striping and that also includes the bike lane.
Bentley: Okay, I will give you mine. And I thought Charlie had said that he talked to
you. My favor is 12 12 and 15 with no bikes lanes.
Corrie: And Mr. Anderson, yours was with the bike lane.
Anderson: And I guess if I could just argue my point for a second. I'm with you guys on
the bike lanes, but I feel this road is already been constructed to those standards that it
would accommodate the bike lanes and since it's already built to that, we might as well
stripe it like what we did Cherry Lane from Ten Mile on out. It has the bike lanes just to
maintain consistency within the community.
Bird: Mr. Mayor I agree with Glen's thing. I don't want to see the bike lane. (inaudible)
(End of Tape)
Bentley: Next issue. As you know we are going to be redistricted to five districts.
There's a couple of options that are coming up for the ACHD situation. Of course Mr.
Richardson made it very well known that he doesn't want to see him and Miss Eastlake
in the same district. I don't understand that. There's two lanes of thought here. One is
to split Meridian down Cherry Lane and Fairview. That gives the possibility of having
two representatives from Meridian. The other option is to where Meridian will have juts
one possibility of a seat. There will be meetings conducted. They met with Boise City.
They have to meet with us, so we need to be thinking of what we are looking at. I have
not seen the map. So I don't know what it looks like on either proposal. So I'm waiting t
see that because I want to see where the rest of them are coming from too. But as
soon as you get a chance to see that, you need to be thinking on that. The population
deal has got to be a ten percent within the rest of them. Charlie and the rest of us
discussed a little bit about a mid year budget correction, and Wayne I have a question.
Are we just allowed to do one budget correction a year or do we do more or what? The
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 54
City has generally only done them at the end of the year, but you're not limited to my
knowledge. I've not ever researched that, but Will do you have a point?
Berg: Yeah, I'm under the understanding that we can only make one amendment to the
budget per year, and that doesn't mean that you can't look at it mid year and analyze
where you are headed.
Bentley: Well, the point where we were looking at, we've got so many of these
adjustments hanging fire. We were wondering if it wouldn't be best to make the
adjustment, but if we can only make one adjustment, then I would think we'd want to
wait until the end of the year to clean it all up at once. But can you check on that and
find out for sure if that's the case?
Berg: That doesn't mean you can't make line item adjustments. But as far as more
money in and money out, that's the one time amendment. But I'll check it.
Bentley: New audit. We've got the three rough drafts. I think we need to get somebody
on line immediately however we have to do this. I don't know what the formality is to
get somebody on, get them reviewing the three audits, and have them start putting
together '97 so we can get this thing closed out hopefully before the time for budget.
They can be, like I said, going over the stuff currently, I'd like to see somebody that's big
enough that when they get done doing the audits, that they maybe can sit down with
Janice and her staff and offer some advice on how to get reports out that we need.
Maybe we need some different software. Maybe we need to tie things together. Mr.
Eberle briefly talked about making the computers work together. Seeing what we need
to do so that when like an instance we had, we're questioning how much money was in
the fire building fund, and she couldn't find it but yet it hidden in two different budget
years. But be able to pull this stuff together. So I think it's some help we need to look
at. And I don't know what the formality is and how we get the selecting. Mr. Mayor do
you know?
Corrie: I can suggest some companies or you can, some monitors, and then we will
vote on which one you want. I don't have those with me. I apologize, I though I did, but
I don't. I can have those by next meeting. I would suggest that each councilman give
me an idea of who they would like to see.
Bentley: I have no idea because I don't know.
Bird: We have to ask — the thing with the CPA firm that I would recommend and we get
a bid, and it's a total bid, because one thing you need to watch out is that they come in
and start nickel and diming you here as they go down the road. So it's a one time total
bid. The first time around I believe we need to get somebody that is familiar with the
municipality. And I second with Glen find somebody who can help us set up a good
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 55
accounting system whether it takes more software or what it does, I would be all for
that.
Corrie: I will get that to you at the next meeting, have it.
Bentley: The fire appraisal has come back. There's two copies. Rural has got one and
we have one. Mr. Anderson is going to pass it on down so we can review that. We also
have a list of ordinances to be repealed. Has everybody looked these over because we
need to get this mess cleaned up. You don't have the list? Chief, I asked you to look
those over. Did you have any problems with them?
Gordon: I looked up all the ordinances listed on this memorandum dated March 3,
1997. 1 don't have a problem with any of these being repealed. They are all old. Most
of them are singular pages that deal with items of the forties and fifties, and it's a start.
Bentley: Mr. Crookston, how do we go about doing this?
Crookston: I can prepare one ordinance that repeals them all simultaneously. But we
do have to have an ordinance to do it.
Bentley: With that being the case, I would like to make one suggestion. When we
come up with another group of these, would you send a copy of this over to the Chief,
because a lot of these things he's involved with in enforcement and he may know
whether or not they are totally clear as to whether they need to be repealed.
Crookston: Certainly.
Bentley: The one question I had on this, the title one chapter ten, the depository. Is
that suppose to be the bank? Or is — is that the old Jessie James days?
Crookston: I'd have to take a look at the ordinance again.
Corrie: I would suggest that we also give this to all the department heads, and have
them look at it for sure. I don't think that there's any problem with it.
Bentley: What I'd like to do is I'd like to make a motion to have the City Attorney
prepare an ordinance to repeal all these, have it prepared for the next meeting, and in
the interim have the department heads review, and if there's any problem bring it to our
attention at that meeting. This way if there's no problem, we can get this thing out and
get it over with. Since we've had it kicking around for a year. So with that, I'd make that
motion.
Bird: I'll second it.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 56
Corrie: Motion made by Mr. Bentley and second by Mr. Bird to have this circulated to
the department heads and have the Attorney draw up the ordinance to cancel the titles
and chapters here.
Crookston: Excuse me, Mr. Mayor. Who is suppose to get that list to the department
heads?
Corrie: I will. Any further discussion? All those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
Corrie: I see that they get those tomorrow morning.
Bentley: One more item. It's coming close to the time where we are going to have to
make a decision on the one way cuplet. I know we have two new members here. I
don't know how much of the hearing testimony you've gone through and the other
issues involved. It came before this council last year. We moved to table it until we had
some further input. One of the key issues that moved it to be tabled was the discussion
of making Meridian Road a five lane road, but yet nobody brought forth a concept plan
as to what they wanted to see Meridian Road look like, whether we wanted another
Fairview. You know, whether we wanted a road with islands like we have on East 1 st or
the type of zoning we wanted, the type of buildings we wanted. None of this was
brought forth, and so we tabled it on this issue. You know the other issue is whether we
go one way streets on each. We're going to have to make this decision here pretty
quick, so we need to be thinking about it. It may be something we may need to discuss
at a workshop.
Corrie: There's a meeting on the vision committee on I think it's April the 29th at the
Middle School cafeteria. I'll get those information to the council. They would like to
have at least two of you at that meeting. They anticipate three or four hundred people.
They got five facilitators and they are going to do vision work and also on that downtown
road. So I'll get that to you guys. Then have the four of you decide what two or three
want to go. I'm going to be out of town. So you can do that and I'll get that to you.
Bird: (Inaudible)
Corrie: They wanted to do that. We got it all set up, Claire Bowman and Dr. Patten
from the CU and Dr. Weatherby. And another one from Hewlett Packard is going to be
facilitators of that. They can help us out there. I'll get that to you, Glen.
Bentley: I'm digging through my pile of goodies here. I think that's all I have, with a
request that I'd like a short Executive Session after we are done here.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 57
Corrie: Anything else?
Anderson: Just a couple of things. A month or a month and a half ago when we were
having our series of meetings with the Rural Fire District, I handed out a copy of a joint
powers agreement. I would suggest that each of the council members and the Mayor
dig that back out and refresh yourself with that. We probably need to discuss at
possibly a planning meeting and decide what we want to do on that and get back with
them. We haven't given them any word, and for those councilmen that are interested,
next Tuesday at the Rural Commissioner meeting, there's going to be an open
discussion with representatives from North Ada County Fire District about mergers and
consolidations. I attended a workshop back in January on that as well as the fire chief
and one of the rural commissioners. And so now we just want to take some of those
ideas a little bit forward. If you are going to attend, we need and then probably
advertise the meeting if we are going to have more than a quorum there.
Corrie: What date was that?
Anderson: Next Tuesday.
Bentley: I think it would just be best to go ahead and notice it. If we wind up with a
quorum fine. If we don't fine. Then you are covered. Mr. Mayor I have one other piece
of business. I have a copy of an invoice from Mr. Crookston through (inaudible) for the
appraisal of the fire station. The fee was $3,000.00. Due upon receipt.
Crookston: I discussed that with Mr. Rountree when we were trying to set up an
appraiser for it. That was the firm that could do the fastest. I had one that was for
$2400 that would not be able to do it for two months. That was done in two weeks as I
recall. That's why it's the $3,000 figure, and I had other ones that were four to five
thousand dollars.
Corrie: Well, I guess we need a motion to pay it.
Bird: I make a motion that we pay this appraisal fee, and I think we ought to probably
pay it out of the general fund, because it is something that is through all the
departments. I would make that motion.
Bentley: I'd second that.
Corrie: The motion made by Mr. Bird and second by Mr. Bentley that we pay the $3,000
out of the general fund. Any further discussion? All those in favor of the motion, say
aye.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 58
MOTION CARRIED: All ayes.
Corrie: There are meetings set up between Mayor Coles, Carolyn Turtley, the President
of the City Council, myself and I would like to have two other council members go with
me. This is in reference to that piece of property up at the Ustick and Eagle Road.
Bird: I would volunteer to go with you.
Bentley: When is this?
Corrie: It's at 2:00 in Mayor Coles' office.
Bird: Tomorrow?
Corrie: The 15th of April. Anybody else? Okay, if you can let me know. We'll meet out
there and they want to discuss that piece of property. I think we pretty well discussed it
here with the JUB Engineer, but we'll go there too and talk. I have one other thing.
Vern Alleman sanitary sewer easement. Gary you want to — I'll save this. Their
attorney has advised him that they should have the agreement signed, a written
agreement or contract signed by the Mayor stating that his property would not be
annexed without his consent. I think we went through that and we all agreed to that. I
just need to — if it's okay to have the attorney make up that advisement agreement and
then —
Crookston: Excuse me, Mr. Mayor and Council, I had a memorandum written to Gary,
but I'm not sure that it's been delivered yet. It was just a question as to what Mr.
Alleman was agreeing to do. He's going to grant an easement or he's going to grant —
do you know what that is? Can you tell me Gary?
Smith: Yes, he would grant an easement to the Packard Developers which would be
also granted to the City of Meridian for operation maintenance of a sewer line across his
property to serve the Packard Subdivision.
Crookston: Is that for sewer only?
Smith: Yes.
Crookston: Thank you.
Corrie: So if you will draw that up.
Crookston: Yes, I will.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 59
Corrie: You got in your box I believe today a memo from Janice Smith about Idaho
Power pay station location at City Hall. If you would kind of read that. She
recommends that the City not get involved with this agreement with the Power
Company to take on payments of power bills there. It's self-explanatory. So I would
ask that you read that over and get back with me what your concerns — if you agree with
that or not.
Bentley: Postal service needs the money.
Corrie: If you will do that, I would appreciate that. I don't have anything else. I guess
the City Clerk has something.
Berg: Thank you Mayor and Council. It's been designated to me to bring this up from
the sick leave pool committee as far as some suggested amendments to help build our
sick leave pool and to help formulate a little more of a structure for our pool. Attached is
a letter that we sent a couple of months ago and we would just like to have your
response so if it's not the case, then we can search for different avenues. Is everybody
familiar with the letter or have any questions concerning some of these items?
Anderson: I guess I have some questions on how this would interact with the signed
contract with the fire department and the union?
Berg: That would probably be a question back to you because I don't know other than if
they are going to be under a different benefit schedule according to what the union says
and maybe they wouldn't even be a part of this. I don't know. This in a way is kind of a
— we've talked about it before, but an insurance policy for a short term disability. All this
is really going to do is not going to take care of a long term.
Anderson: And I think we've addressed some of those things in the union contract
already. So I'm not sure that the fire fighters should be participating in this pool.
Berg: And that's fine. This has kind of been brought up — I should probably say it's
been talked about several times in our meetings within the last year.
Anderson: Other than the fire chief, who would not be covered by the union contract,
and —
Berg: Correct. He could be a member if he's the representative from his only
department or maybe you wouldn't need to have him at all since it's only a one member
thing.
Corrie: He's eligible for the sick pool. Everybody is. There was some question as
whether the exempt employees are eligible, they are. Everybody is eligible.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 60
Berg: With the exception with possibly the firemen.
Bentley: