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1988 03-15• A G E N D A MERIDIAN CITY COUNCIL MARCH 15, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MARCH 1, 1988: (APPROVED) l: PUBLIC HEARING: VARIANCE REQUEST BY TWAYNE WP.LRER ON HOUSE SQUARE FOOTAGE: FINDINGS OF FACT: (APPROVED) 2: PUBLIC HEARING: ANNEXATION & ZONING REQUEST WITH CONDITIONAL USE PERMIT BY THE CHURCH OF LATTER DAY SAINTS: 3: ORDINANCE ~ 493 ANNEXATION & ZONING OF LDS PROPERTY (APPROVED) 4: DAY CARE OPERATORS: 5: REAPPOINT WALT MORROW TO BOARD OF EDC: (APPROVED FOR THREE YEAR TERM) 6: DEPARTMENT REPORTS ~' • MERIDIAN CITY COUNCIL MARCH 15, 1988 Regular Meeting of the Meridian City Council called to order by Acting Mayor Bill Brewer~at 7:30 p.m.: Members Present: Ron Tolsma, Bob Giesler, Bert Myers: Members Absent: Mayor Grant Kingsford: Others Present: Ray & Jane Fisher, Howard & Ruby Brown, Rus & Sonia Heyghins, Joyce Borup, Carolyn Shadduck, Tamera Perkins, Trudee Hadley, Denise Sturgis, Debra Cavanaugh, Judy Todd, Tonia Schondal, Jean Jordan, Lori Babbitt, Susan Bernen, Mary Wilson, Wanda,Michaelson, James Gipson, Al Lance, Twayne Walker, Gary Smith, Earl Ward, Bob Mitich, Kenny Bowers, Wayne Crookston. The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the previous meeting held March 1, 1988 as written: Motion Carried: All Yea: Acting Mayor Brewer read a Resolution of the American People to adopt the fundamental principal of NO USE OF ANY ILLEGAL DRUG and NO ILLEGAL USE OF ANY LEGAL DRUG. Public Hearing: Variance Request by Twayne Walker on House ~Ec~uare Footage: -- ---- - - - Brewer: Is there anyone here to to represent this request; if so would they please come forward and give their name for the record. Mr. Twayne Walker 3965 N. Eagle Road, Mr. Walker was sworn by the City Attorney. Walker: I would like to have a Variance for the remaining Lot on Fairwood Court in Meadow View Subdivision, I need this Variance to be able to construct a 900 square foot home on this lot, the way this lot is situated in there it is°`difficult one to sell and we would like to build a home in there that would meet the needs of a potential buyer. I ~.ust found out last week that the home next. to this lot is four feet over on this lot which make it smaller than ever..but even with this with the Variance we could still build the 900 square foot home and be able to meet the setback requirements. Brewer: I will now open the PUblic Hearing, is there anyone else in the audience who wishes to testify on this matter? Alan Lance, 77 East Idaho, Mr. Lance was sworn by the City Attorney. Lance: I am not here to support or to oppose .Mr. Walkers request, I am here as a matter of infornnation , I represent Mr . & Mrs . Schondal _ .a~io - __ , own Lot 24 in Meadow View II Subdivision, it is that lot and tY~eir ~~. ~_Q home that encroachs by approximately five feet on Mr. Walker°s Lot, the Title Companies have been notified of the error, we have had the property surveyed to definitely establish the lot line, I would like to present this information to the City Clerk that we have on a drawing here to show • MERYDIAN CITY COUNCIL • MARCH 15, 1988 PAGE ;~ 2 the encroachment. That is all I have unless there are some questions. ~s?••ewer: Are there any questions of the Council? Myers: What was th~.s a mismeasurement when it was built? Lance: My client did not build the home,they.bought the :_struetur® in 1987, I believe the former owners had it built dnd I do not know why it was built over the property line. City Attorney: Do you have any feelings one way or the other whether this encroachment effects the issue of the variance? Lance: Assuming that the five foot strip is purchased from Mr. Walker, it would reduce his lot size from about 4900 square feet to less than 4500 square feet, I am not in a position to comme~~t on that but that is one of our concerns this body granting a variance kCeping in mind that this lot will be smaller if we can negotiate a sale of the five feet. City Attorney: Are you specifically objecting to the granting of the Variance? Lance: No. Brewer: Is there anyone else form the public who wishes to testify? Evan Royal, 2221 NW 10th, Mr. Royal was sworn by the City Attorney: Royal: I am of the opinion, with just the one ?ot Left, if someone wants to build a 900 square foot house on that lot they should be allowed to do so. Brewer:Is there anyone else who wishes to testify, there was no response, the Public Hearing was closed. We have Preliminary Findings of Fact on this request, what is the Council's pleasure? Giesler: I have a couple of questions, can this be approved with this pending? City Attorney: It can oe approved, there is no objection to the granting of the Variance, it is up to the Council as to whether or not they want to grant it. Giesler: Are you in fact sure that is the last lot in the subdivision? Walker: The last one on that culdesac, there are two other lots I own on NW 10th, one I am building on the other is still for sale. Crookston: The Findings of Fact should be amended to reflect that this is the last lot in the culdesac and also to include the t~:stimony made here tonite or else redo the Findings, it would probably be more conv- ient for Mr. Walker if ,you are going to approve to incorporate the testimony tonite. The Motion was made by Myers and seconded by Giesler to amend the Findings, of Fact that this is not the last lot in the Subdivision and to also ~?1GOrporate the testimony presented tonite at the Public Hearing -. ., M.c~RIDIAN CITY COUNCIL • • MARCH 15, 1988 PAGE # 3 into the Findings of Fact that were prepared by the City Attorney. Motion Carried: All Yea: The Motion was made by Myers and seconded Ay Tolsma that the City %ounr_il of the City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions as amended. M~ti~n Carried; Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to approve of the Variance request by Twayne Walker to construct a nine hundred square foot home on Lot # 25 Block 12 of Meadow View #II Subdivision. Motion Carried: All Yea: Item # 2: Public Hearing: Annexation & Zoning Request w/Conditional Use Permit by Church of Latter Day Saints: Brewer: Is there anyone in the audience who represents this request? James Gipson, 82 East State St. Eagle, Idaho, Mr. Gipson was sworn by the City Attorney. Gipson: This project is to be located on Ten Mile Road on a five acre parcel south of Cherry Lane, it is a church project as illustrated in the picture nefore you, it will accomodate two existing wards of the church, the people are already living in the area and are presently attending church at another building which is considerably further away, there are ar~out four hundred members per ward, so this facility would serve about eight hundred members, there would be at the church on Sunday which is the day of heaviest use approximately 120 cars at one time, We have worked with the appropriate utilities and other public services and feel all the conditions are appropriate for this development and do not forsee any unusual problems. Brewer: Does the Council have any questions of Mr. Gipson? Giesler: The only thing I would like to ask is there is nothing sure what you are going to do with the sewer being it is so far away, what is your decision on this? Gipson: We have pursued that question rather diligently over the past months, there are two available and resonable options, one is to put in a septic system for the facility, the other is to construct a distance of sewer line and hook in to the sewer, that appears now that this would be a very feasible option and that is probably the way we will go but either way would work as far as the Health Department is concern- ed, ground water testing can not. be completed until the high irrigation season but the information we have so far indicates the septic system would work. It is the desire of the applicant to construct the sewer and connect to the sewer, that we believe will work with the cooperation of one or two of the other property owners. 1 • MERIDIAN CITY COUNCIL • MARCH 15, 1988 PAGE # 4 Brewer: Are there any other questions of the Council? There were none. I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this request? There .was no response, The Public Hearing was closed. The Motion was made by Tolsma and Findings of Fact and Conclusions Commission on this application. seconded by Myers to approve the as prepared for the Planning & Zoning Motion Carried: All Yea: Item ##: Ordinance #493: Annexation & Zoning of the Property of the Latter Day Saints Church: Brewer: An Ordinance Annexing and Zoning a portion of the Norti~aest"-1J4 Northwest 1/4, Section 11, T. 3N., R. 1 W, Boise, Meridian, Ada County Idaho; and providing an effective date, Is there anyone in the audience who wishes Ordinance #493 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #493 as read be passed and approved. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Myers to approve of the Conditional Use Permit as requested by the Church of Latter Day Saints. Motion Carried: All Yea: Item #4: Day Care Operators: Brewer: I believe you have a spokesperson for the group, Wanda Michaelson would you please come forward and make the presentation. Mrs. Michaelson had a prepared presentation which is attached as exhibit "A" of these minutes. Mrs. Michaelson also presented the Council with a rough draft of a proposed amendment to the Zoning Ordinance for their consideration. Brewer: Thank you Mrs. Michaelson, you certainly did your homework, I do not remember using this type of care for my family when they were growing up, I have known all along that the monetary rewards are very meager and the various reasons for doing this. type of thing you have qualified. I would like for the Council~to be able to ask you some questions, I cannot help but think we may need to have our City Attorney address the possibilities of making the suggested changes you have submitted, in regards to the Ordinance and definitions, making it possibile to clear this whole thing up without going any further. Giesler: I have children but I have never had to handle this type of thing but what is the difference between a day care and a child care? MERIDIAN CITY COUNCIL • • MARCH 15, 1988 PAGE # 5 Michaelson: Day Care sound systematic, some people prefer child care and some use: .day care, I used child care in the definitions that were submitted because lots of providers prefer that as opposed to day care. Mitich: The Building Code defines where there are six or more children as a day care. Brewer: So that change would have to be made as well? Mitich: Yes, because in the Building Code where there are six or more there are additional requirements. Giesler: One thing additional I would like to say, is I do not know if everyone is aware why we have the Conditional Use Permit, there are some very important reasons why we do it that way, do not get me wrong, I am willing to look into this to see if we can make these changes and believe me I understand we need all of you out there, the thing is basically you are conducting your operation illegally at this time and now it has kind of caught up with you, we did not impose that on you it wasn't us, the only thing the Conditional Use does it gives the people around you the opportunity to say their peace of mind as to whether they want that type of use around them, everyone has their home, they work all day, they come home at night,they want to stay home~or weekends, they have that option of being able to say wnether they want that use next door to them or within three hundred feet, they are able to voice their opinion and I think that is very important, you might say I do not have any of those problems well maybe no-one has ever said anything about it, they maybe have keep quite and went along with it. In ways I have some real problems with doing away with the Conditional Use Permit because you are operating a business out of the home and I think that is the place for them, but I do feel the neighbors should have that opportunity to say whether they want you there or not. It seems to me like the last application we had for this type of thing got very ugly, there were some people aroung them that protested and finally the lady got so fed up she just dropped the application and it was from the neighbors in fact that gave. her such a problem and then she did not like going though. the whole process but that is the way it is set up. I know this would be quite involved as we would have to hear each one of these people individually, everyone would have to make out an application, there would have to be a Public Hearing for each and everyone of them therefor- we would have to have the findings and every thing and it could get very expensive, I have no idea what it would be but it would be a lot more than $160.00. I want you folksy to be aware that it is also the people next to you that really have the right to say whether they want this type of thing there or not, if no one shows up and everthing looks good the traffic and etc. then we generally do not have any problem but I think that is very important that the people you have next to your location have some say. Michaelson: I would say that we do not have a single one that could afford to go through the Conditional Use Permit even if the fee was waived. I might say these are the ones that have came forward to obtain their license when they really did not need their license and are out there trying to do their best for the children, I don't know how many more homes there are who will never try to get licenses and never have to apply for a Conditional Use Permit and it is almost impossible to find them. MERIDIAN CITY COUNCIL ~ • MARCH 15, 1988 PAGE # 6 Mary Wilson: I am the person they were talking about that attempted to go through this procedure and the comment I would like to make is it cost considerably more than $160.00, it has cost me including my attorney fees and the commercial location I finally went to according to my accountant the other day $7,282.00 and I did not get the Conditional Use Permit because I withdrew my application. Another comment I would like to make is it is truly up to the City Council as to whether any Conditional Use Permit would be allowec:,=when--I went through my process I went to all of my neighbors and I do not have a day care center, I am not providing care for children, what I asked for was a pre-school program for a limited number of children for a 22 hour session, two sessions per day. As I went through my process I contacted 29 neighbors, only one neighbor objected but the Council was so concerned about that one neighbor that it did become an enormous situation and on advise of my counsel I withdrew. I feel it is up to you as the Council for the City of Meridian as to whether you want to provide adequate care adequate educational opportunities for the children of Meridian and give a meager livelihood to: some of,'.t~ women that is going to make the difference between welfare or putting their own children in a day care and finding another job elsewhere outside of Meridian. Brewer: Mrs. Michealson, in your research did you come across the Cities that have adopted the State Regulations and etc., in order to get around this issue? Michaelson: I have not done very much research on that, I know that Boise has, Pocatello has its own Ordinance. City Attorney: I just have a couple of comments, to address some of the comments of Mary Wilson, I think the big problem Mrs. Wilson ran into and I think she would agree with me, was that the convenants in her sub- division, which you should all check, prohibited her from having a home occupation or doing a business from her house and that was the big concern that the Council had as to whether they could, we do not normally get in- to the covenants, but you should all check into your covenants, if you have them in your subdivision you should find out whether or not you can even operate a business out of your home no matter what kind it is. If you do have those covenants, your neighbors can or any property owner in the subdivision can even though they are outside the 300 feet area they could take you to court and prohibit you from operating that business. The other thing would be a question to Mrs. Michaelson, what is going on in Boise, do they have a Conditional Use Permit or how are the people operating, what do they do there? Michaelson: In Boise, family child care homes and group child care homes are permitted uses in residential districts and there is no requirements for Conditional Uses, they are required by the Boise Code to be licensed, in the rest of the State there is no requirements for them to be licensed. Brewer: They have adopted the State Statutes that you were recommending? Michaelson: The State Statutes require that Child Care Centers be licensed, and Child Care Homes may be licensed if they wish to. Myers: Then for your plans they have to be licensed? Michaelson: Yes, the only ones we work with is the licensed ones. i MERIDIAN CITY COUNCIL MARCH 15, 1988 PAGE # 7 City Attorney: The only comment along completely with what you problems. I would have on that is even if we went requested they still have their covenant Michaelson: And I said that, this would not get around that problem. City Attorney: The City would not be the enforcer, that is for sure but your neighbors could be. Brewer: It seems to me as far as covenants go, that puts them in a policy where they become their own policeman and I suppose that those of you that had neighbors that did complain might eventually find yourselves caught up in that sort of thing. The ecomony the last seveal years has caused this Council and many governing bodies a real problem that when the ecomony is poor it tends to cause people to want to do business out of their home and away from the usual business locations, to the point to where you could say various types of operations are being conducted out of homes that we are not aware of. We have been told that there are other child care operations that are not represented by you people. It has also been said that if we have to pursue the Conditional Use Permit situation it probably would drive a lot of you underground so to speak that we will just not hear from you again and you will continue operating as you have been. I think my suggestion would still stand that we authorize our City Attorney during the time if we still have it to look into all the legal aspects of this as far as the City is concerned, we are not always able to do what we want to do but if it has been done in Boise and other areas it is certainly very possible that we could cut the corners and make it right here as well. Myers: What I would like to see happen and we would have to clear this with the City Attorney, it looks to me like here and I kind of .agree with Councilman Giesler that you need to check with your neighbors to see what they are going to say about having this type of ,thing in the neighborhood. Apparently nobne has had any problems as the neighbors evidently have not complained or at least the City has not heard about them. What would be the easiest and simpliest thing would be to find out how many neighbors are within. that 300 hundred foot region and then just go out and have them, just have a form of some kind that says they have no objection and have them sign it and bring it back to the Council and we could approve it. Someone in the audience commented this type of thing probably would not work as it would upset the neighbors and it was possible that several of them did not know they were even doing this. Alice Allen, 1065 Chateau: I am not a day care center person, but I have one in my subdivision and I use one in an adjoining subdivision, I thank god for day care centers, I am a working mother outside the home and my husband works, I have three children ranging in age from a six months old to a six year old, I feel there is no problem with these day care centers in my subdivision and the one in the adjoining subdivision which I use, if they were to have to go to the Ordinances and Fire Codes it would end up being a burden on me, them having to up their fees that I am currently paying. I see no problem with the traffic going to and from these centers. Brewer: I want to remind you all, as family people ourselves we are all MERIDIAN CITY COUNCIL • • MARCH 15, 1988 PAGE # 8 aware of all the things you have touched upon, every one of them so it is not like we have to be educated along that line, the way I feel about it is any baby sitter could qualify under this explanation regardless of whether you take your child to a babysitter for an evening, they all fit this, so that in my opinion is all that you. are is babysitters during the day along with the nights but I did not mean that as an insult. In compar- ision you are caring for children just like a babysitter of any sort whether you take your child to a babysitter while you go to a movie or go to get your groceries or what whatever, you are caring for children so what I am trying to do is broaden the field as far as the need that is there and if we choose to make you people apply then I believe we need to go after every babysitter in Meridian. Howard Brown: There has been a lot said here tonite about all of the monetary things that happen, the money that is spent in Meridian, the money that is spent on licensing, I think we have failed to look at the most important fact, that is the fact of the family factor, we have our children in a day care because both of us work we prefer to have them in a home type setting during the day rather than generic type care center where it is the standard type thing. I believe the home type sttting is a very important thing and that is one of the things I think is most important to look at. Brewer: What is the Council's decision on this? Tolsma: I think we need the City Attorney to investigate this matter and check with the Fire Marshal on the Life and Safety Codes and see if there are any changes in that and also on the Building Codes and see if we have to make any changes in that. Brewer: Is there a time factor we are dealing with here? Michaelson: The homes that were formally licensed under the volunteer license program were given a temporary license for one hundred and twenty days from March 1, 1988. The Motion was made by Giesler and seconded by Myers to have the City Attorney investigate the different options and the needed changes that would have to be made and that we have some type of report by the first meeting in April. Motion Carried: All Yea: Item #5: Reappoint Walt Morrow to EDC Board: The Motion was made by Myers and seconded by Tolsma to reappoint Walt Morrow to another three years term on the Board of the Economic Devel- opment Corporation of the City of Meridian. Motion Carried: All Yea: Department Reports: There were none: ' MERIDIAN CITY COUNCIL • • MARCH 15, 1988 PAGE ~ 9 Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:40 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROV D: BILL BREWER, ACTING MAYOR ATTEST: ac~k Niemanr~ City Clerk Mayor & Council P & Z Commission Atty, Eng, Ward Stuart, Mitich, Fire Police, Gass, Valley News Statesman, Hallett, ACHD, NIMD, CDH, ACC Settlers Irrg. Mail (3) File (3) ~ i ~lah® uncr Acti®n council 205 N. 10th, Suite 602 Boise, ID 83702 (208) 336-7010 March 15, 1988 PRESENTATION ON BEHALF OF CHILD CARE HOMES PROBLEM• As Director of the Idaho Hunger Action Council, I know of 14 licensed child care homes in Meridian. These homes do not have to be licensed, even under the new licensing law which took effect March 1, 1988, but they may be licensed. The Idaho Hunger Action Council has a contract with the state Department of Education to feed children in child care homes. We subcontract with providers who care for children in their own homes, but they must be licensed. They then keep accurate records of the children in attendence for each meal and the menu served. Parents are informed that their children are enrolled in this program. Providers must submit monthly reports, attend required nutrition education workshops, and are visited at least three times a year, usually without warning. Their meals must meet standards established by the US Department of Agriculture and must introduce the children to a variety of foods, especially fresh fruits and vegetables. Aa of March 1, child care homes which wish to be licensed in order to participate in the Child Care Feeding Program must pay a fee of at least $75.00, pass a health inspection, a fire inspection and a background check. Thin fee is one of the highest i£ not the highest in the nation. When child care providers wnet to the Meridian fire marshall, they discovered they needed a conditional use permit under the Meridian zoning ordinance. Thin would coat them a fee of $160 plus coats, on top of the new licensing fee of $75.00. Getting the permit is also a complicated process. PROPOSED SOLUTION: Since Meridian was using the definition of day care center from the Idaho code rather than the one in the Meridian ordinance, we propose that Meridian change the zoning ordinance to adopt the current Idaho code definitions of child care center, family child care home and group child care home. This would in effect declare that child care homes caring for twelve (12) or fewer children is permissible in residential zones. However, since the zoning code states that only specifically designated permiasablA uses are permissible, we recommend that family child care homes and group child care homes be designated permissible in residential sections. Here is a rough draft of a proposed amendment to the zoning ordinance. ARGUMENTS FOR THE PROPOSED SOLUTION: 1. This is the simplest solution. While it does not require extensive rewriting of the zoning ordinance, it does offer a permanent solution that case by case hardship waivers would not provide. EXHIBIT "A" TO MINUTES OF MARCH 15,1988 .' • • Presentation on behalf of child care homes March 15, 1988 Arguments for Proposed Solution continued; page 2 2. The proposed definitions conform to the Idaho code, which will make them easier to enforce. This is especially true since apparently Meridian used the former definitions in the Idaho code without officially changing the ordinance. 3. This proposed solution does not negate subdivision covenants that may prohibit day care in some residential areas. Since child care is done traditionally in residential areas, this will not change the conditions of the neighborhood from what they were when a resident built or bought their home. 4. This solution is in keeping with the purpose and standards of the Meridian Zoning Ordinance. The purpose of the Meridian zoning ordinance is to advance the City of Meridian as a self-sufficient employment and economic center. It includes improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. Standards listed at the beginning of the Meridian zoning ordinance include: harmonious with the comprehensive plan; will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the area; not hazardous or disturbing to existing or future neighborhood uses; will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the co~nunity; will not generate excessive traffic, noise, smoke, ,fumes, glare or odors; will not interfere with traffic on surrounding streets and is in the best interest of Meridian. A survey of the fourteen currently licensed child care homes in Meridian shows that they have 178 children enrolled, but that their average daily attendance varies from three (3) to twelve (12). One provider, although she has an average daily attendance of twelve, had only five children after the older ones left for school, and one was her own child. She had only two children (one of whom was her own) when the other three left for afternoon kindergarten, until 3:30 or so. ' - ~ 4~ • Presentation on behalf of child care homes March 15, 1988 Arguments for Proposed Solution continued: page 3 The total average daily attendence for these fourteen homes is 115 children, or 8.2 children per home. Many of our families are larger than this. Most of these children are from the immediate neighborhood, often walking to the child care provider's house. To illustrate that child care homes do not impact the community sufficiently to warrant requiring a conditional use permit , these fourteen providers know of many additional unlicensed child care providers. You cannot walk or drive down the street and tell which homes are child care homes. They use the same outdoor play equipment you purchased for your own children. When they go out to the park, they look no different from airy other mother who allows her child to bring a few playmates along. 5. This solution provides positive support for home child care providers in providing essential service for the community and in turn contributing to the general health of Meridian businesses. A quick survey of the fourteen aforementioned currently licensed child care providers revealed that they currently work from 50 to 110 hours a week (with 62 hours a week being the average), without paid coffee breaks or lunch hours, paid vacations or sick leave. They earn between $.86 and $6.50 an hour (for an average of $3.26 an hour, which is below the minimum wage). They do not get fringe benefits like health or life insurance. They do it in order to stay home with their own children or because they love children and their friends have talked them into providing this needed service. These fourteen providers also contribute to other Meridian businesses, purchasing between $300.00 and $600.00 worth of food and supplies each from Meridian retailers, per month. That's an average of $6,300.00 per month spent locally by these child care homes. 6. This solution provides positive support for Meridian families. Child Care Connections, an information and referral program in Boise, reports they received 98 calls from Meridian parents searching for child care in Meridian. They only have three homes listed that will accept infants. Most are full. A recent survey of working parents at five banks in Boise showed that 677 were using child care outside their own homes. Over two-thirds preferred child care facilities near their home rather than•near their work. Twenty out of 203 would like to find facilities closer to home in the Meridian area. Of children cared for outside their own homes, 347 were cared for in child care homes, compared to 247. cared for in centers. IN CONCLUSION: Adoption of this proposed solution would be pro-business, pro- family and pro-Meridian. ,~? • • I® ~Iun~~r ~ct~®n C®uncil 205 fV. 10th, Suite 602 Boise, ID 83702 (208) 336-7010 March 15, 1988 PRESENTATION ON BEHALF OF CHILD CARE HOMES PROBLEM: As Director of the Idaho Hunger Action Council, I know of 14 licensed child care homes in Meridian. These homes do not have to be licensed, even under the new licensing law which took effect March 1, 1988, but they may be licensed. The Idaho Hunger Action Council has a contract with the state Department of Education to feed children in child care homes. We subcontract with providers who care for children in their own homes, but they must be licensed. They then keep accurate records of the children in attendance for each meal and the menu served. Parents are informed that their children are enrolled in this program. Providers must submit monthly reports, attend required nutrition education workshops, and are visited at least three times a year, usually without warning. Their meals must meet standards established by the US Department of Agriculture and must introduce the children to a variety of foods, especially fresh fruits and vegetables. As of March 1, child care homes which wish to be licensed in order to participate in the Child Care Feeding Program must pay a fee of at least $75.00, pass a health inspection, a fire inspection and a background check. This fee is one of the highest i£ not the highest in the nation. When child care providers whet to the Meridian fire marshall, they discovered they needed a conditional use permit under the Meridian zoning ordinance. This would cost them a fee of $160 plus costs, on top of the new licensing fee of $75.00. Getting the permit is also a complicated process. PROPOSED SOLUTION: Since Meridian was using the definition of day care center from the Idaho coda rather than the one in the Meridian ordinance, we propose that Meridian change the zoning ordinance to adopt the current Idaho code definitions of child care center, family child care home and group child care home. This would in effect declare that child care homes caring for twelve (12) or fewer children is permissible in residential zones. However, since the zoning code states that only specifically designated permissabl~ uses are permissible, we recommend that family child care homes and group child care homes be designated permissible in residential sections. Here is a rough draft of a proposed amendment to the zoning ordinance. ARGUMENTS FOR THE P8OP0SED SOLUTION: 1. This is the simplest solution. While it does not require extensive rewriting of the zoning ordinance, it does offer a permanent solution that case by case hardship waivers would not provide. • Presentation on behalf of child care homes March 15, 1988 Arguments for Proposed Solution continued: • page 2 2. The proposed definitions conform to the Idaho code, which will make them easier to enforce. This is especially true since apparently Meridian used the former definitions in the Idaho code without officially changing the ordinance. 3. This proposed solution does not negate subdivision covenants that may prohibit day care in some residential areas. Since child care is done traditionally in residential areas, this will not change the conditions of the neighborhood from what they were when a resident built or bought their home. 4. This solution is in keeping with the purpose and standards of the Meridian Zoning Ordinance. The purpose of the Meridian zoning ordinance is to advance the City of Meridian as a self-sufficient employment and economic center. It includes improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. Standards listed at the beginning of the Meridian zoning ordinance include: harmonious with the comprehensive plan; will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the area; not hazardous or disturbing to existing or future neighborhood uses; will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; will not generate excessive traffic, noise, smoke, fumes, glare or odors; will not interfere with traffic on surrounding streets and is in the best interest of Meridian. A survey of the fourteen currently licensed child care homes in Meridian shows that they have 178 children enrolled, but that their average daily attendance varies from three (3) to twelve (12). One provider, although she has an average daily attendance of twelve, had only five children after the older ones left for school, and one was her own child. She had only two children (one of whom was her own) when the other three left for afternoon kindergarten, until 3:30 or so. • Presentation on behalf of child care homes March 15, 1988 Arguments for Proposed Solution continued: • page 3 The total average daily attendance for these fourteen homes is 115 children, or 8.2 children per home. Many of our families are larger than this. Most of these children are from the immediate neighborhood, often walking to the child care provider's house. To illustrate that child care homes do not impact the community sufficiently to warrant requiring a conditional use permit these fourteen providers know of many additional unlicensed child care providers. You cannot walk or drive dower the street and tell which homes are child care homes. They use the same outdoor play equipment you purchased for your own children. When they go out to the park, they look no different from any other mother who allows her child to bring a few playmates along. 5. This solution provides positive support for home child care providers in providing essential service for the community and in turn contributing to the general health of Meridian businesses. A quick surrey of the fourteen aforementioned currently licensed child care providers revealed that they currently work from 50 to 110 hours a week (with 62 hours a week being the average), without paid coffee breaks or lunch hours, paid vacations or sick leave. They earn between $.86 and $6.50 an hour (for an average of $3.26 an hour, which is below the minimum wage). They do not get fringe benefits like health or life insurance. They do it in order to stay home with their own children or because they love children and their friends have talked them into providing this needed service. These fourteen providers also contribute to other Meridian businesses, purchasing between $300.00 and $600.00 worth of food and supplies each from Meridian retailers, per month. That's an average of $6,300.00 per month spent locally by these child care homes. 6. This solution provides positive support for Meridian families. Child Care Connections, an information and referral program in Boise, reports they received 98 calls from Meridian parents searching for child care in Meridian. They only have three homes listed that will accept infants. Most are full. A recent survey of working parents at five banks in Boise showed that 677 were using child care outside their own homes. Over two-thirds preferred child care facilities near their home rather than near their work. Twenty out of 203 would like to find facilities closer to home in the Meridian area. Of children cared for outside their own homes, 347. were cared for in child care homes, compared to 247. cared for in centers. IN CONCLUSION: Adoption of this proposed solution would be pro-business, pro- family and pro-Meridian. i Idaho Hunger Act on Council 205 N.10th, Suite 602 Boise, ID 83702 (208) 336-7010 CHILD CARE FOOD PROGRAM The United States Department of Agriculture provides a Child Care Food Program for home-based day care sites. This program offers cash reimbursement to certain types of state licensed home-based day care operations for the day care (and some natural) children's meals and snacks. The IDAHO HUNGER ACTION COUNCIL, a non-profit organization which addresses hunger issues in Idaho is the "umbrella" sponsor for this program. WHO CAN PARTICIPATE? Child Care Providers who are: 1. Licensed by the state 2. Care for children in their own home 3. Licensed for 12 or less children REIMBURSEMENTS FOR MEALS SERVED ARE: 1. Breakfasts .64 1/2 per child, per meal 2. Lunch/Dinners 1.20 1/2 per child, per meal 3. Snacks .36 per child, per meal You are limited to three meals per day, per child, one of those meals must be a snack. BENEFITS FROM PROGRAM: 1. Enables provider to introduce wider varities of nutritious foods to children. 2. Provider must meet meal requirements set by the USDA nutrition guidelines. 3. Parents are assured that children cared for in a participating home are served balanced nutritious meals. 4. This program allows the provider to realize a little profit from her child care fees and encourages her to continue this service to the community. Keeps child care rates down. 5. No fee is charged to the provider for this service. 6. Since a home day care site must be licensed to participate, this program encourages day care homes to become licensed. If you would like more information, please contact Idaho Hunger Action Council and ask for the Child Care Food Program, 336-7010. Diane Terwilleger CCFP Administrator Alvina Spencer Coordinator eatte~l a:i~Je. gyp. or lae6tny. I[ ,w D.ll~w boa Oaw D.m 4w4A mt~lsl~ le a~a~itie/ taei ra~laa Mua~~ of aaw. Judy Sanders Sharon Whittam ~..~. e.umt ~..... ~ mds Clerk Receptionist ~~~ a~`~~ ""` . ~ o . • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF TWAYNE WALRER FOR A VARIANCE AT 1033 FAIRWOOD COURT PRE-LIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on March 15, 1988, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. .That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for March 15, 1988, the first publication of which was fifteen (15) days prior to said hearing; that the matter was dul considered at the March 15, 1988 hearing; that copies of notices were available to newspaper, radio. and tele stations. 2. That the notice of public hearing is requ,~ sent to property owners within 300 feet of boundaries of the land being considered pursue and 11-2-419 D of the Revised and Compiled Ord' aMBROS~, of Meridian; that this requirement has been Firzaean~ & CROOKSTON Attomeye and Coun~ima P.O. Box 427 Meridian. Idaho 83812 Telephone 88B4t81 // • nlNS~os~, FITZOERALD & CRCOK8TON AttomeysarM Counselors P.O. Box 427 Meridisn, Idaho 83642 Telephone 8881461 3. That the Plat of Meadowview Subdivision Aio. 2 requires certain size homes to be constructed on certain lots all as allowed under section 11-2-411 and its predessessor ordinances; that the lot in question, Lot 25, Block 12, Meadowview Subdivision No. 2 must have a 1200 square foot or larger home consructed thereon; that 11-2-411 D 1 allows no single family houses to be constructed less than 999 square feet; that this particular subdivision was granted a prior variance to the housing square footage requirements. 4. That the Applicant has requested that he not be required to build a 1200 square foot home; Applicant has requested to be allowed to construct a 900 square foot single family dwelling.. 5. The size of the lot in question is approximately 85 x 57 or approximately 4,845 square feet. 6. That the set back ordinances require a 5 foot side set back on each side of the structure, a 20 foot yard front set back and a 15 foot rear yard set back, the maximum possible square footage a residential structure, including garage, could contain on the lot, is 2350 square feet. 7. That the houses in the immediate area are generally of a size similar to 900 to 1,000 square feet. 8. That the lot is zoned R-4 Residential; that some of the lots are "0" lot line lots; that Applicant would .have to meet the set back requirements, if applicable. • 9. That the plans show that a single family dwelling will be construed. 10. That the Applicant set forth the following pertinent comments as his reasons for justification of the variance the following: 1) Lack of frontage on the .lot; 2) 'Adjoining homes are misplaced on their lots, making the subject lot undesireable; 3) Applicant has an interested buyer for the lot and a small home; 4) The lot is the last lot available in the subdivision because of its layout and location; - 5) Adjoining homes have the same approximate square footage. AMBROSE, FlTZaERALD & CROOKSTON Attomeysahd Couneelor9 P.O. Box 427 ~MeHdisn.Ideho 83812 Telephone888r481 11. That the misplacement of adjoining homes is not due to the action of the Applicant; that the "O" lot line configuration had no beginning or end point such that ultimately one lot was bound to be "squeezed". 12. That these Findings of-Fact were made preliminarily and may have to be changed, altered, or amended as a result of the public hearing. CONCLUSIONS 1. That alb. the procedural requirements of the Local • • AMBROSE, FITLaERALD & CROOKSTON Attomays and Counoetora P.O. Box 427 McHdlan, Idaho 83842 Telaphoire 8884481 Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419, Variances, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring land, structures or buildings in the same district and no permited or non- conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. • • 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C FINDINGS A variance shall not be granted unless tas a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance. 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7. That the consideration of profit, economic gain or AMBROBE, F1IZQERALD & CROOKSTON Attorneys arld Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephorre 88B~4481 convenience to the Applicant was removed from the variance ordinance regarding specific findings. 8. That since this is the last lot in the subdivision available for construction it is concluded to be in the best interest of the surrounding homes, and owners thereof, and of the City, that it is better to have a smaller home constructed on the lot rather than continue to have a weed patch, which would be a fire hazard. 9. That regarding Section 11-2-419C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance and the Plat of Meadowview Subdivision No. 2 would clearly be unreasonable when most structures in the area are of similar size as the one proposed. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self- inflicted; c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situtated; d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. ;~' E,' AMBROSE, FITZCiERALD & CROOKSTON Attomeye and Counaelore P.O. Boz427 McNdlan, Idaho 83842 Telephone 888.1481 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. - _ ' S - FY ,,, ~ A „~! .- ,.. r ,~ ~~ ~r ' , >c ? a ~} `~,. ROLL. CALL : ~ '~'"9.~8 , ~'Y } ~~ f '- x3 ~ ~ ~~ cv y C~uinc~t~~aaii Gie~Yer V'ot ~ ~ ~~ ~~ ` ~ ~>k ~ r _ CCT1~d C~2.lRa~1 ~.~l.~B~$~. Vet r ~~ .~~rt t l+lxd x} Q~1'~,r ~~G. .. ~ , . Conncf loran Tod `Voted ' ~ ~ *;~~`~ ° ~~` ~ ~. ~ .y. %¢ , , ti ~. psi ' , ..~ ~~ Cou~ac~maa 8><,ew~r .Voted ~ ~ _ Jy ~ 4 ~~ - ,t R 4 t r ~ , ~1 ~L Mayor ~~G-ngsford .-~ ~ , ' ,' ~~} ,~ ,~ ~` x $ ,~ .• ~ :, , ss pp n A L~ .•~ R ,~.. i,,~ ~ a,yf` Y ,., „.. m , r ~~1~+ H~ea~Q~~?'~~Totad~t w~ - '-~ ~ o- rS+ ~.r~ r`a~ t: ,7i Y APPRE~VED:~~~~, DISAPPRQV$Ds. ~ ~` ~ ~~`' .•y' ~ -; j < ~, F "~ - ~` ; Tw ~~ ?s~2 t ~ .. t {.,~ 4'a . ~ yI{{ 12 < ~,. ~ ~ t , .. ., •: ,„ ~ t;~ r .~~ ' a. ',,.{( p ~ ~~y ~. ; `~ 4 - ~r i ~ ~ -! ¢ `~ .~ r k`y~ X12 .,H .. ~ - rf a ~ _'~ '' 1'. ~ WC`s' ~~~',4`'A'r.'r t~ ti .~' - ~ ~ ;~ ~ ~.[ '. .. 2~.' A ~yy ~ ~ r ~1i ~'~a''~{5 '6 ~/. A y~` .r '•. ~ F ~~_~YT 'J4 L ~eY~' A„ .- ~~ l /~iBd1CSE, '~ ` ,'~4 ,~' ~3`` FITT.piE`RALD ~ ~ s . r'" 3~ 3 d ~ +t ` ,o, ti '` „ .,~ ~ ';°~ "x w ~y .+' r * ~_ '` is ~ ' ~ rZ dCROOKSTON F's ~ ,~ ~ :. ~ y.' ~ ~ ~ , r p ~ : + ~~~' •~#c.,~jW ~~.'~~ Y~;:: ,i{_ r ~y~~y ~ '~IF- ~ • ,> s.,L ~ - ~ rr. ~b~MV' ~ Ss ~~ 6+f., ~tp y~ ~~~.I} ~i, ~ QOYMlIIOIW~ ...w +c ~. ~n,r,, sEh. a ,~ ~ ,~ro~ ,yM ~ ' ~ t ~_~ ~ ROe gox~17 t.:: ~ ~,f C ~ ~'"'} P ~~`~:4 ~ ,~ r ~ ~ ~~ ~ M~rkNlu~,adiho ~ ' „ ~ 4 .. ~ 4 ~ ,t ~ , ~ > „ry* ,~ ` ~ ~ •-~ - ; s~ ;' a rf ' f: ,. ~,, ~' l ~x t N ~ ~ OAVISC TOOTHMAN RICHARD F. ORTON, JR Alan G. Lance Foley & Lance Heritage Building, Suite 300 77 East Idaho Street P.0. Box >314 Meridian, Idaho K364l Dear Mr. Lance: PAUL S.KUNZ DON O. PAVNE (~~p}~ , Enclosed please find three copies of the survey we performed f'or Mr. and Mrs. James Schondel in MEADOWVIF.W N0. L SUBDIVISION. The house encroaches onto Lot l5 by approximately five feet (from the eave overhang t.o the property line). Because there is zero setback on these lots, 1 have shown a proposed loi line 3.00 feet from the building wall which would leave U.y feet from the eave overhang to the proposed lot line. This would prevent anyone from Lot 25 building right up to the edge of the overhang. I have not set any pins to mark the new boundary corners at this time. If the proposed lot. line is agreeable to all the parties involved, let me know and I will set the new boundary corners and file the record of survey. If'~it is not agreeable, let me know and I will make the necessary changes on the drawing, set the boundary corners and file the record of survey. If' you have any questions or need me t.o attend the Planning and Zoning meeting to answer any questions about the survey, please contact me. Sincerely, T00 AN-ORTO 'GINEERING COMPANY Glenn K. Benn L.S. Chief' of Surveys • • TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS AND PLANNERS 1102 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 FaRwooo couRT LOT 2B EDGE OF CONC. ORNE y EASEA~EM UNE ROLLED CURB - BacK of S/DEWi1L/( LOT 24 PLOTTED 4793 SQ. FT. LOT L/NE PROPOSE LOT UNE LAWN 4 ~ ~ f D' i I ~ J O' 2 /, . 3.0f' I BU/LD/NG W,4LL o h °j I $~ I WW 3 w ( b' I ' a ,_ ,~ o ~~ I a bb b EDGE OF E4VE I ~.h 2 O~ERHANC 3.0' I ?. 1' 3. f4' 1.0' ~ aLOCx lz `~W" MEADOWVIEW ND. z SIlBDIYISION y ~~ O ~~` O ~s ~~" .~~~ ~9 "~~ WEEDS DEBR/S LOT 25 4913 SO. FT. EDGE OF LAWN 6' WOODEN FENCE 2.s4' (2so~ 3.78' ,S•~ 'S4,1a. ?4• SO• E sirs, s,~so J LOT 13 LOT 12 . QT h~ °~' °a 33 h~ w ~~ bb 22 3.34' (3 ~) • A RESOLUTION OF THE A1~RICAN PEOPLE TO ADOPT THE FUNDAMENTAL PRINCIPAL OF I~® ~TSE ®~ QTY ~I.I.~EGAI. DRUG anc~. ~® ~L~G1~I. USE ®F I.~EG~Y. DRUG Whereas, America is said to be the most illegal drug using and legal drug abusing nation in the world; Whereas, In the past ten years there has been a steady decline in the beginning age of drug use and is currently twelve yeazs of age; Whereas, The ramifications of such use negatively impact every aspect of American life today-economy, crime, education, health, national security-and this impact in turn threatens the very future of our country; Whereas, The Nation is in a mire of confusion due to mixed messages and misinformation pertaining to illegal and legal drugs; Whereas, The People have already enacted laws concerning illegal drugs and illegal use of alcohol and other legal drugs; and Whereas, A clear, consistant` and legal Fundamental Principle and frame of reference is necessary from which to establish a coordinated plan of action setting policies and programs ensuring the most efficient and effective realization of the goal of a Drug-Free America; now therefore, be it Resolved, That the Fundamental Principal of NO USE OF ANY ILLEGAL DRUG and NO II.LEGAL USE OF ANY LEGAL DRUG shall be accepted by the American people in their quest for aDrug-Free America; and be it Resolved, That this Fundamental Principle be cleazly communicated throughout the Nation's communities and families through legislative actions, educational programs, government edicts, publications, and all facets of media dealing with the issue of illegal and legal drugs; and Resolved, That the Fundamental Principle of NO USE OF ANY ILLEGAL DRUG and NO ILLEGAL USE OF ANY LEGAL DRUG set the standard for international prevention efforts as countries throughout the world work for Drug-Free nations. ~~; -'>f ~- - . ~;? ,h;,s.= ;, ,* .. ~ ` ~. ORDINANCE NO. AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the-Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex zone, R-4, Residential, the real property which is hereinbelow described: LDS CHURCH ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 NORTHWEST 1/4 MONIIMENTED WITH A BRASS MONUMENT; THENCE SOUTH 300.00 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE SOUTH 89°03'40" EAST 726.15 FEET TO A POINT; THENCE SOUTH 300.00 FEET TO A POINT; THENCE NORTH 89°03'40" WEST 726.15 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTH- WEST 1/4 TO A POINT; THENCE NORTH 300.00 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST 1/4 NORTHWEST 1/4 TO THE POINT OF BEGINNING, ADA COUNTY, IDAHO. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: a~ntaaosE, FITZGERALD & CR001(BTON Attomeya and Counealore P.O. Box 427 Maridlan, Idaho 83842 Tetephone888~481 r a~neROSE, FITLdERALD &CROOKSTON namne~rea~ Cou~etore P.O.BOx127 McHdian, Idaho 83812 Talaphotro 8881181 ..- ~ .• Section 1: That the above. described real property is hereby annexed and is hereby zoned R-4, Residential. Section 2: That this Ordinance does-not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description .and .map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this~.~~h day of r , 1988. APPROVED: .~ A~i Do+~h-, IcMho, '+s 81it Of Ma r--Grant P. Ri g ord *~ ~~9A: ~ D~ E JOHN $ASTIDAo RECD DER gY . o~l~ /_ r • • • ATTEST: y c:ler AMBROSE, FITZaERALD 6CROOKBTON Attorneys arM t.ounaelora P.O. Box 427 Meridian Idaho 63842 Telephorro 88&4481 3fiATE OF ;-1DAH0, ) ss. County of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, .Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND .ZONING A PORTION OF THE NORTHWEST 1/4 NORTHWEST 1/4, SECTION 11, T. 3N., R. 1 W., BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the ~~~ day of ~P ° ,.R~-c~ , 1988, as t e same appears in .my office. DATED this ~ day of /~o ~c~, , 1988. STATE OF IDAHO, ss. County of Ada, ) On this ~~~'/ day of ~ r ~ , 1988, before me, the undersiged, a Notary Publ c in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. iN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ~'~~„ ~~®`T~~y p~t~+~ N t ry Pu is for Idaho R iding at: Meridian, Idaho '~, ~~~ 1.~Co ~ ~ E,~P~rrs ~- ~4qg