HomeMy WebLinkAbout1991 10-01
ORDINANCE #558: ORDINANCE ANNEXING & ZONING PRIEST, STUHR & HUNEMILLER PROPERrY: )
(APPROVED
APPROVE PRELIMINARY PLAT ON SUNBURST SUBDIVISION IF ITEMS 1 & 2 ARE APPROVED: (APPROVED)
PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W /PRELIMINARY PIAT ON BENHAM
PARK SUBDIVISION BY B.W., INC. (APPROVED)
6: ORDINANCE #559: ORDINANCE ANNEXING & ZONING B.W., INC. PROPERTY: (APPROVED)
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AGENDA
MERIDIAN CITY COUNCIL
CCTOBER 1, 1991
MINU'IES OF THE PREVIOUS MEETING HELD SEPI'EMBER 17, 1991: (APPROVED)
PUBLIC HEARING: REQUEST FOR REZONE BY EDWARD & JOYCE UIELY: (APPROVED)
ORDINANCE NO. 560 (APPROVED)
PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W /PRELIMINARY PLAT ON
SUNBURST SUBDIVISION BY PRIEST, STUHR & HUNEMILLER: (APPROVED)
7: APPROVE THE PRELIMINARY PIAT ON BENHAM. PARK SUBDIVISION IF ITEMS 5 & 6 ARE APPROVED:
(APPROVED)
8: PUBLIC HEARING: REQUEST FOR VARIANCE BY MERIDIAN SENIOR CITIZENS: (TABLED)
9: ORDINANCE #557: ORDINANCE AMENDING THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED)
10: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
11 : APPROVE THE BILIS: (APPROVED)
12: BID ON NEW EQUIPMENT FOR SEWER PLANT: (BID APPROVED)
13: APPROVE JUI:X;ES & CLERKS FOR CITY ELECI'ION: (APPROVED)
14: REQUEST BY GULL PEST CONTROL TO USE MOBILE HOME FOR TEMPORARY OFFICE: (APPROVED)
15: DAN WOODS: PROPOSED DEVELOPMENT: (DISCUSSION)
16: DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL
CC'IOBER I, 1991
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P.
Kingsford at 7:30 P.M..
Members Present: Ron Tolsma" Bert Myers" Bob Giesler,; Max Yerrington:
Others Present: Edward & Joyce Utley" Don Hubble" Scott Gull, C.L. Morgan'l JoAnn
Stuhr, Clyde Brinegar" Dale Ryan" D.W~ Lewis" Cindy Anderson" lBob Corrie" Dennis
/, . " I,
Baker~ R1Ch Alllson, D.R. Lynn Stutzman" Mr. & Mrs. Joe Degollado" Gary A. Lee, Gary
Lee,: Gary Smith'r Bdl Gordon,( Wayne crookston'l Jack Riddlemoser: I
MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 17~ 1991:
The Motion was made by Giesler and seconded by Myers to approve the minutes of the
previous meeting held September 17~ 1991 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: REQUEST FOR REZONE BY EDWARD & JOYCE UTELY:
Kingsford: I will open the Public Hearing. Would a representative come forward and
be sworn and tell us what you plan to do.
Joyce Utley & Edward UtleY't #37 Riviera Estates,: Eagle'r Idaho was sworn by the attorney.
J. Utley: We want to put a duplex on the lot we own,! it would be owner occupied. This is
on 2~ Street.
Kingsford: Anyone else from the public who would like to offer testimony? Hearing none
I will close the Public Hearing.
The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and
Conclusions of Law as prepared for Planning & Zoning.
RollCall Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #lA: ORDINANCE 560:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF
CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION
OF SECTION 7" 'IOWNSHIP 3.,NORTH'i RANGE I EAST'r BOISE MERIDIAN,! ADA COUNTY" IDAHO; AND
PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #560 read in
it's entirety? No Response.
The Motion was made by Giesler and seconded by Tolsma 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 #560 be passed and approved.
Roll, Call Vote: Yerrington - Yea; Myers - Yea; Giesler - Yea; Tolsma - Yea;
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
OCTOBER 1, 1991
1
PAGE #2
ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON
SUNBURST SUBDIVISION BY PRIEST, STUHR & HONEMILLER:
:
Crookston: I have a conflict and will be stepping down at this point.
Kingsford: Mr. Riddlemoser will step in for the attorney. At this time I will open
the Public Hearing. Is there a representative present I please come forward and be sworn.
I
Russ Hunemiller/l 282 parliment court/r Boise/l was sworn in by the attorney.
Hunemiller: We want to get this annexed and zoning with preliminary plat.
Giesler:
accesses.
In the Findings it states that the Fire Department had some concern about the
Have these be adjusted to meet the necessary requirements?
Hunemiller: In all phases they do.
Tolsma: Is this going to be done in phases?
Hunemiller: yes it is.
Tolsma: Phase I will be out off Cherry Lane won't it?
Hunemiller: That is correct. Gave explanation of phases to Council.
Kingsford: What we are looking at is a plat map.
Myers: I notice the same concern about over crowding in the schools. Have you talked to
or done anything with the school board concerning this?
Hunemiller: No I haven't.
Kingsford: We would like to work with the schools so you might do some checking with
them. Anyone else from the Public who would like to offer testimony on this isse?
Seeing none I will close the Public Hearing.
The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact
and Conclusions of Law as prepared for Planning & Zoning.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea.
ITEM #3: ORDINANCE #558: ORDINANCE ANNEXING AND ZONING PRIEST,/ STUHR & HUNEMILLER
PROPERTY:
Kingsford: AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED
AS A PORTION OF THE SW 1/4 SW 1/4 OF SECTION 2/1 T. 3N. I, R. lW. 'I BOISE MERIDIAN'f ADA COUNTY '(
IDAHO I, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SECTION 2/1
T. 3N.'f R.l ij.'1 B.M.; THENCE N. 00 19'11" e. 512.53 FEET TO THE POINT OF BEGINNING;
THENCE N. 00 19'11" E. 810.66 FEET; THENCE S. 88 54'12" E. 1325.96 FEET; THENCE S. 00
17'24" W. 1328.65 FEET; THENCE N. 88 38'31" W. 909.24 FEET;',THENCE N. 99 19'11" E.
512.53 FEET; THENCE N. 88 38' 31" W. 417.50 FEET TO THE POINT OF BEGINNING/1 GENERALLY
MERIDIAN CITY COUNCIL
OCTOBER 1'1 1991
PAGE #3
LOCATED AT THE NE CORNER OF CHERRY LANE AND TEN MILE ROAD'r MERIDIAN, IDAHO; AND
PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #558 read in
it's entirety? No response.
The Motion was made by Tolsma 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 #558 be passed and approved.
RollCall Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #4: APPROVE PRELIMINARY PLAT ON SUNBURST SUBDIVISION IF ITEMS 1 & 2 ARE APPROVED:
The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat
on Sunburst Subdivision.
Motion Carried: All Yea:
ITEM #5: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING W/PRELIMINARY PLAT ON BENHAM
PARK SUBDIVISION BY B.W. INC.:
Kingsford: At this time I will open the Public Hearing. Is there a representative
present~ please come forward and be sworn.
Don Hubble'l Hubble Engineering'r was sworn by thE attorney.
Hubble: I will briefly explain the project to you. This site consists of about 61 acres.
We have proposed 210 lots,( we've got a density there of about 3.4 lots to the acre. We
proposed a mixed use. The majority of the project is requested to be zoned R-8~ there
are two portions there~ two small lots that are requested to be LO and the one larger
parcel along Fairview is requested to be CG. The average lot size would be roughly
6600 sq. feet. We do have a proposed small park within the project. When we submitted
the aplication we said the minimum sq. feet would be 1200, since then we have discussed
with the developer of using the City's sliding scale home ~ize and would like to
maintain that option if possible. We have reviewed the Findings of Fact and Conclusions
of Law and have a question with just one conclusion in that it says that all ditches
within the project shall be tiled. We would request you to approve this by saying that
all ditches~ all private ditches, those not maintained by a public entity be piped.
We would like the flxibility, welmay pipe some of them anyway upon their approval, but
we would like that flexibility to not have to pipe the ditches that are maintained by
the public entities.
Giesler: How many small ditches are you talking in this project?
Hubble: I think just two that we would pipe for sure.
Myers: The Fire Department is a little bit concerned too. Did you talk to anybody
over there about the culdesacs down at the end with one way in and one way out.
Hubble: I haven't talked to anybody at the Fire Departrnent~ I've talked to Jack.
MERIDIAN CITY COUNCIL
OCTOBER 1 I, 1991
PAGE #4 '
Kingsford: How do you plan to phase this?
Hubble: Right now the plan is to start from both ends" the north end and the south
end, and do approximately thirty lots on each end depending on which one sells the
fastest,! works towards the middle.
Myers: The same old question. Have you talked to them about anything~ because they
are concerned about this many folks again as usual.
Kingsford: There is going to have to be provisions made for schools. A donation of
land or something otherwise development will come to a schreeching halt.
Hubble: I can tell you this'r this particular developer is working with Meridian School
District on another site.
Tolsma: The only problem I see is that an open canal runs through all the back yards.
It's an ideal place to dump grass clippings for the guy down the river.
Kingsford: I'd be inclined to recommend against giving you the option to leave them
open. I think they ought to be tiled. Is there anyone else from the public who would
like to offer testimony?
Dennis Baker 'I 3519 Grover Court,! was sworn by the attorney.
Baker: I only wanted to speak in respect to the ditch situation. My concern on the
ditches where there is a live ditch there is the factor of safety. I think that the
privatly owned ditches should be tiled and we would have no problem working with tiling
of the ditch on that basis. I would like Council to consider an enactment of an
Ordinance that would just be a blanket ordinance to give some flexibility in working
with the irrigation districts. These larger ditches that are maintained by the
districts drainage be it or be it an irrigation district, I would plead with you to give
us some consideration and flexibility because it has beeri working and it still works~
as long as they are fenced and fenced properly. As to Fire Department we are working
to open the subdivision property up from the north side off of Fairview. If you have
any questions I will be happy to answer them.
Giesler: What's happen to our larger lots and bigger homes?
Baker: We are building some. Most of these are going to be able to accomodate
3 car garages.
Giesler: Why doesn't your project show us lots of 10~000 sq. ft.~ what is happening to
Meridian~ why aren't we getting that over here? '
Baker: I donlt know that it's just a Meridian problem. Gave explanation. (TAPE ON FILE)
Giesler: It seems like 80 to 85% of our subdivisions are all minimum. I'm getting tired
of approving these small lots and these small homes. I don't know what it take~ to
MERIDIAN CITY COUNCIL
OC'IOBER 1/ 1991
I
PAGE #5
get developers over here that will have larger lots and larger homes.
Baker: It depends on the location. (TAPE ON FILE)
Kingsford: Anyone else from the public who would like to offer testimony?
Rich Allison/, 1040 E. Pine/( was sworn by the attorney.
Allison: I think Bobls issue is a very valid issue with regard to lots in Meridian.
First off if we look at Green Hills Estates/ those lots do average over 10~000 sq. feet
but they also cost between $23~000 and $24/(000. We also have the same situation with
Golf View Estates out on Cherry Lane. The average lot there probably exceeds 10/1000
feet and probably'exceeds 24/1000. ''..I,also notice in reviewing the plat for Gary
Hunemiller's Subdivision/ his lot size is fairly sizable~ and certainly exceeds the
8500 sq. feet"required in an R-4 zone. What 11m saying is we are getting those kinds
of homes~ they typically sell for $130~000 to $140/(000 price range. What I really
wanted to address is with regard to the school district. Under what we have evaluated
in the School District if the house exceeds$76/000 in value then it doesn1t cost the
district. It comes out about even with the ave~age number of students you would expect
from the average house within the district. If it's less than that then it costs the
district money.
Myers: So what you are saying then is with these subdivisions like for example this one/
if those houses average around 1300 sq. feet then the district has no problem with it
because it wonlt cost them any money for those to go in.
Allison: That's basically correct.
Kingsford: lid be interested in how you came up with those statistics.
Allison: I got that from Nick Hallett. This has to do with the Meridian School District
not about any other area.
Giesler: The only thing I wanted to say is that they are building these subidivisions
and homes in our neighboring commgnities and that's why 11m asking that question. We
are not getting that like we are in other areas and that has been a concern of mine.
Kingsford: Anyone else that would like to offer testimony on this issue? Seeing none/
I'll close the public hearing.
Giesler: This looks like a nice project but about tiling the ditch does that questions
have to be addressed at this time?
Crookston: If you annex without dealing with the issue of the ditches at this time, once
you have annexed then you have if you desire it you have no hold over the completion of
the ditches. Because right now until tonight we don't have~a requirement for fencing or
tiling oI:Lanything. We did at one time but that was taken out of the Ordinances. The
only way that the City can request that is as a condition of annexation. Once they are
annexed then they fall under the zoning ordinance itsself and there is no requirement
for it.
The Motion was made by Myers and seconded by Giesler to approve the Findings of Fact and
Conclusions of Law.
MERIDIAN CITY COUNCIL
OC'IOBER 3, 1991
PAGE #6
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #6: ORDINANCE #559: ORDINANCE ANNEXING & ZONING B. W., INC. PROPERTY:
Kingsford: BARKER, MORGNER, UNITED ARTISTS, WINCHESTER, AND FABRICIUS ANNEXATION:
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY
WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7,
'IOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE, MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY
LOCATED ON EAST FAIRVIEW NORTH OF PlNE~ AND PROVIDING AN EFFECTIVE DATE. Is there anyone
from the public who would like Ordinance #559 read in its entirety? No response.
The Motion was made by Giesler and seconded by Yerrington 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 Numer 559 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea~ Myers - Yea~ Tolsma - Yea;
Motion Carried: All Yea~
ITEM #7: APPROVE THE PRELIMINARY PLAT ON BENHAM PARK SUBDIVISION IF ITEMS 5 & 6 ARE
APPROVED:
The Motion was made by Myers and seconded by Tolsma to approve the preliminary plat on
Benham Park Subdivision.
Motion Carried: All Yea:
ITEM #8: PUBLIC HEARING: REQUEST FOR VARIANCE BY MERIDIAN SENIOR CITIZENS:
Kingsford: I will now open the Public Hearing. Would a representative of this request
please come forward and be sworn.
Dale Ryan, 1603 W. 7th Street, was sworn by the attorney.
Ryan: Our request is just for a variance from the setback requirement to build a walk in
cooler and freezer to supplement the nutrition program. I have with me Cindy Anderson
representing Central District Health for this matter. We would be able to buy in larger
quantities and save money.
Tolsma: Did you see the City Engineer's comments?
Ryan: Yes I have and there is no problem with them.
Eng. Smith: Gave explanation of right of ways. (TAPE ON FILE)
Kingsford: 11m not sure we can grant a variance to build on the property that we donlt
have control over. I misunderstood I thought we were talking about" allowing you to go
into the setback and I donlt have a problem with that. We canlt authorize you to build
in the right of way. I think the thing for you to do Mr. Ryan is to approach the
Highway District and see if there is a vehicle by which you could build there.
MERIDIAN CITY COUNCIL
OCTOBER I, 1991
PAGE #7
Kingsford: We couldn't allow you to build in the right of way. Is there anyone else
from the Public to testify on this? No response. I would recommend to the Council
that we table this and wait for Findings.
Crookston: You need to table it to a certain date.
The Motion was made by Myers and seconded by Yerrington to table this issue until the
first meeting in November.
Motion Carried: All Yea:
ITEM #9: ORDINANCE #557: ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE:
Kingsford: The Counselor will read this Ordinance heading.
Crookston: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 2" ZONING ORDINANCE, AND
CHAPTER 9, SUBIDIVISION AND DEVELOPMENT ORDINANCE, BOTH OF TITLE II, OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN, WHICH AMENDMENTS DO THE FOLLOWING: 1) RE-
GARDING THE ZONING ORDINANCE, IT CHANGES THE JURISDICTION OF THE ZONING ORDINANCE FROM
THE AREA OF IMPACT TO THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF
IMPACT AGREEMENTS; AMENDS SECTION 11-2-403 B. DEFINITINS BY ADDING" DELETING, AMENDING
AND PUNCTUATING SOME OF THE DEFINITIONS; REPEALS SECTION 11-2-404 C. 1. AND RE-ENACTS:,
SAID SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING COMMISSION MEMBER
SHALL BE ADDED FOR EACH ADDITIONAL 5,,000 INCREASE IN POPULATION AND TO SET THE TERM OF
OFFICE OF COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C. 2. BY THE ADDITION
THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING EXAMINERS; AMENDS SECTION 11-2-404
d. 1. BY THE ADDITION THERETO OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT
HEARING EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING ORDINANCE; AMENDS
SECTION 11-2-405 C. 1. AND 2 BY DELETING THE WORDS "CONDITIONAL USE" THEREFROM AND
INSERTING "VARIANCE"; AMENDS SECTION 11-2-406 C. BY DELETING THE WORKS nOR AMENDMENT"
AND INSERTING THE PHRASE l!APRIL 2" 198411; AMENDS SECTION 11-2-407 B. 2. d. TO DELETE AN
nO" AND INSERT THE WORK nORII; AMENDS SECTION 11-2-407 C. TO DELETE THE WORK "AGRICULTUTALl!;
REPEALS SECTION 11-2-408 B. 1., LOW DENISTY RESIDENTIAL DISTRICT, AND RE-ENACTS SAID
I ,
SECTION" AND AMENDS SECTION 11-2-409, ZONING SCHEDULE OF USE CONTROL" A." RESIDENTIAL"
SO BOTH 'STATE THAT ONLY SINGLE-FAMILY DWELLINGS, PUBLIC SCHOOLS, AND 'PLANNED RESIDENTIAL
, ,
DEVELOPMENTS SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409, ZONING
SCHEDULE OF USE CONTROL~! B., COMMERCIAL, TO STATE THAT CHURCHES ARE A PERMITTED USE IN OLD
, I
TOWN" CHILD CARE CENTERS ARE A CONDITIONAL USE IN THE C-G ZONE, AND THAT BARS~ ALCOHOL
ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN; AMENDS SECTION 11-2-409, ZONING SCHEDULE
I
OF USE CONTROL, C., INDUSTRIAL, TO REMOVE FROM llFABRICATED METAL PRODUCTS", MAJOR WELDING;
'i' r I
REPEALS SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A., AND RE-ENACTS
I I ;
SAID SECTION TO CHANGE THE REQUIREMENTS AND TO DELETE THE AGRICULTURAL DISTRICT AND TO
CHANGE THE "I" DISTRICT 'IO "I-Ll!; AMENDS 11-2-410 B. 4. 'IO ADD "CHIMNEY" AS AN ARCHITECTURAL
PROJECTION; AMENDS SECTION 11-2-410 D. 1. b. (4) 'IO DELETE THE REQUIREMENT RELATING 'IO
COVENANTS AND RESTRICTIONS; AMENDS SECTION 11-2-410 D. 1. b. (50) 'IO DELETE THE REFERENCE
'IO COSTS OF NOTICE" LEGAL AND ENGINEERING FEES; AMENDS SECTION 11-2-410 D. 1. b. (7)
'IO DELETE THE "NOT'; AND INSERT "NOli; AMENDS SECTION 11-2-411 D. TO ADD A NEW SUBSECTION
6. 'IO STATE THAT MULTI-STORIED SINGLE FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800 SQUARE
FEET ON THE GROUND FLOOR; REPEALS SECTION 11-2-414 C. 1. AND 11.; AMENDS SECTION 11-2-414
D. BY THE ADDITION OF A SUBSECTION 3. DEALING WITH DRAINAGE; AMENDS SECTION 11-2-414 E.
f. (1) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE" TO "ONE SPACE FOR EVERY TEN
CHILDREN"; AMENDS SECTION 11-2-416 B. TO DELETE THE REQUIREMENT THAT A ZONING AND
SUBDIVISION REQUEST BE PROCESSED AS SUBDIVISION APPLICATION; REPEALS SECTION 11-2-416 C.
17.; REPEALS SECTION 11-2-416 E. PROCEDURE,/ 1. a. AND RE-ENACTS SAID SECTION TO CHANGE
THE REQUIREMENTS THAT AN APPLICANT MUST PERFORM IN OBTAINING A ZONING AMENDMENT; REPEALS
MERIDIAN CITY COUNCIL
OC'illBER 1, 1991
PAGE #8 '
SECTION 11-2-416 E. PROCEDURE 1. c.; REPEALS SECTION 11-2-416 E. PROCEDURE" 2. AND RE-
ENACTS SAID SECTION 'ill STATE THAT THE COMMISSION SHALL GIVE THE NOTICE OF HEARING
RATHER THAN THE APPLICANT; AMENDS SECTION 11-2-416 F. 1. 'ill DELETE THE MAILING NOTICE
REQUIREMENTS BY THE APPLICANT AND HAVING THE CITY PERFORM THAT TASK; AMENDS SECTION 11-2-
417 'ill DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS;
AMENDS SECTION 11-2-418 B. TO REMOVE THE ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL
USE PERMIT; REPEALS SECTIONS 11-2-418 B. 12, 14, 15, AND 18 'ill REMOVE THE REQUIREMENTS
, , (
OF 75% CONSENT'i THE GRANTING OF A LIEN 'ill SECIJR.E: PAYMENT OF COSTS" A STATEMENT THAT THE
USE roES VIOLATE COVENANTS OR RESTIRCTIONS'i AND REMOVING THE STATEMENT THAT NO CONDITIONAL
USEWILLBE GRANTED IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11-2-419 B.
22. REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS THAT THE OWNER GRANT A LIEN TO
SECURE PAYMENT OF COSTS; REPEALS SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL PURSUANT TO RESOLUTION; AND
REPEALS SECTION 11-2-422 E. AND RE-ENACTS SAID SECTION 'ill REMOVE THE REQUIREMENT THAT
THE APPLICANT PAY THE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN TO SECURE
I
THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING THAT IF THE FEES REQUIRED ARE NOT PAID
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THAT THE CITY MAY REVOKE ANY ACTION APPROVING THE APPLICATION" 2) REGARDING THE SUBDIVISION
AND DEVELOPMENT ORDINANCE, IT REPEALS SECTION 11-9-604 c. 4. c. AND RENUMBERS 11-9-604 C.
I
4. d. 'ill 11-9-604 C. 4. c.; AMENDS SECTION 11-9-604 C. 5. a. b. AND c. 'ill DELETE THE REQUIRMENT
OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES; AMENDS SECTION 11-9-604 C. 5. d. TO DELETE
THE "7" COPIES AND INSERTS "4" COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE
"ADMINISTRA'illR" TO THE "CITY ENGINEER" AS THE OFFICIAL 'ill DETERMINE CONFORMANCE TO
REGULATIONS, ORDINANCES AND STANDARDS OF THE CITY, REPEALS SECTION 11-9-604 C. 6. m. AND
, I
RE-ENACTS SAID SECTION 'ill ADD STREET LIGHTS; AMENDS SECTION 11-9-604 H. 1. a. 'ill DELETE
"27" AND INSERT "30" COPIES OF THE PLAT; AMENDS SECTION 11-9-605 1. 'ill DELETE "COMMISSION"
AND INSERTS "COUNCIL" AS THE ENTITY THAT REVIEWS COVENANTS; AMENDS SECTION 11-9-605 J.'i
FENCES, 7. 'ill ADD A NEW SUBSECTION k. WHICH SHALL REQUIRE THAT FENCES 'ill BE CONSTRUCTED ON
I
BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS SECTION 11-9-605 J.'I FENCE~~ 'ill ADD A NEW
SUBSECTION 8, WHICH SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT wUNDARY
I
FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-605 J. 10. a. 12.; AMENDS
SECTION 11-9-605 BY THE ADDITION THERE'ill OF A NEW SUBSECTION M. 'ill REQUIRE THAT DITCHES
AND WATERWAYS IN NEW SUBDIVISIONS BE PIPED; AMENDS SECTION 11-9-606 A. 'ill RENUMBER THE
SECTION AND ADD A NEW SUBSECTION 2. STATING THAT IT IS THE LIABILITY OF THE SUBDIVIDER
AND OWNER 'ill SEE THAT IMPROVEMENTS SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11-9-606 B.
13. IS AMENDED TO ADD A NEW SUBSECTION c. REQUIRING THAT THE LOCATION OF STREET LIGHTS BE
SHOWN ON THE PLAT; SECTION 11-9-606 B. 14. IS AMENDED BY THE ADDITION OF AN ADDITIONAL
PARAGRAPH RELATING 'ill THE WAIVER OF THE RESSURIZED IRRIGATION REQUIREMENTS; REPEALS
SECTION 11-9-615 A. 1. AND RE-ENACTS SAID SECTION 'ill REQUIRE THE SUBDIVIER 'ill PAY THE
FEES ESTABLISHED BY THE CITY COUNCIL BY RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Kingsford: Is there anyone from the public who wishes Ordinance #557 read in its entirety?
No response.
The Motion was made by Myers and seconded by Tolsma 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 #557 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #10: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in writing'l if you choose tO'1 you have the right
MERIDIAN CITY COUNCIL
OC'IOBER 1'1 1991
PAGE #9
to a pre-determination hearing at 7:30 P.M. 10-01-91 before the Mayor and City council~
to appear in person to be judged on facts and defend the claim made by the City that
your water~sewer, and trash bill is delinquent. You may retain counsil. This service
will be discontiriued 10-16-91 unless paid in full. Is there anyone from the public
who would like to contest their water~sewer~ and trash bill? Come forward and state your
name please.
Tamera Degohado, 2212 N.W. 10th~ and I'm here to ask that they not turn off our water.
We've made an effort to make a payment every month. If we could possibly just do the
best we can it would be appreciated.
Kingsford: You just need to contact the office and make some kind of arrangements
with them. Anyone else? No response. They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth Judicial Court'r pursuant to
Idaho Code. Even though they appeal the water will be shut off.
The Motion was made by Myers and seconded by Tolsma to approve of the turn off.
Motion Carried: All Yea:
Kingsford: Total amount delinquent is $11~150.25.
The Motion was made byYerrington and seconded by Tolsma to amend the motion to
exclude Tammy Degohado from the turn off.
Motion Carried: All Yea:
ITEM #11: APPROVE THE BILLS:
The Motion was made by Tolsma and seconded by Yerrington to approve the bills.
Motion Carried: All Yea:
ITEM #12: BID ON THE NEW EQUIPMENT FOR SEWER PLANT:
Eng. Smith: On September 20th" Jack and I opened a bid from a bidder for the equipment
to modify our influent structure at the wastewater treatment plant. The bid amount is
for $61~800.00 from Lakeside Equipment Corporation. All of their paperwork was in order
therefore I would request that Council award the bid to this bidder and authorize Jack
to sign The Notice to Proceed~
The Motion was made by Tolsma and seconded by Yerrington to approve the bid for Lakeside
Equipment for the amount of $61~800.00 and authorize the City Clerk and Mayor to sign
the Notice to Proceed.
Motion Carried: All Yea:
ITEM #13: APPROVE JUDGES & CLERKS FOR CITY ELECTION:
Kingsford: Reviewed the Judges and Clerks for the public.
The Motion was made by Yerrington and seconded by Giesler to approve of the judges
and clerks for the upcoming election.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
OCTOBER 1'1 1991
PAGE #10
ITEM #14: REQUEST BY GULL PEST CONTROL TO USE MOBILE HOME FOR TEMPORARY OFFICE:
Scott Gull: We've had Gull Pest Control for about six years and have operated out of
my home. We have picked up an acre and a third on Franklin Road just west of Linder'land
we don't have the financial means to build a shop'l we've had an opportunity to come '
accross a mobile home at least to get us an office. We would like to move that
mobile home onto the property as a temporary office.
Kingsford: What time period are you looking at Scott? Typically what the Council has
done is authorized a year and then reconsidered then.
Gull: I think a year would be fine. We wouldn1t be able to do anything until the
fall of 1992.
Myers: When were you planning on moving the mobile home in there?
Gull: Just as soon as possible. The only loose end is Central District Health.
It will be used for the office~ there won't be anybody living there.
Kingsford: I'd recommend to the Council to approve it for a year conditioned upon
getting approval from Central District Health.
The Motion was made by Myers and seconded by Tolsma to approve of a temporary mobile
home placement for an office for Gull Pest Control for a one year period'r conditioned
upon approval of Central District Health.
Motion Carried: All Yea:
ITEM #15: DAN w:::xJDS: PROPOSED DEVELOPMENT:
Gary Lee: I am with JUB Engineers and I represent Mr. & Mrs. Wood and their son Dan.
Weare looking at a piece of ground that is just east of Chateau Meadows~ with the
access point being Chateau Drive. The intent on this property is to develop lots
similar in size and nature to the surrounding subdivisions. We have layed out this
particular concept with 73 lots" that relates to just under four units per acre'l single
family residential units. With 'that type of a denisty and that size of lots we are
looking at that when we make our annexation request we will also request an R-8 zone.
Kepp in mind it will all be single family"without duplex lots. The lot sizes we have
tried to vary them in such a way that we could accornmodateanumberof different house
plans. Explained various sizes. We have taken the preliminary concept to ACHD and
they are taking a look at the basic traffic circulation in the area. What we have
now will meet their requirements. Explained landscaping'l drain ditchias, street lights"
fire hydrants~ and further information. (TAPE ON FILE) I
Giesler: The only entrance that you have is E. Chateau Drive?
Lee; Yes'l at this point.
Dan Wood: Explained some figures concerning housing in the Meridian area. My parents
are planning on staying out there so they want it to turn out nice also. The only
question I had here tonight is on the pressurized irrigation and what you planned on
doing with that? It sounds like maybe we made a decision on that and I'll have to
work on that.
MERIDIAN CITY COUNCIL
OC'IOBER I" 1991
PAGE #11 I
Wood: So what I was hoping here tonight is for you to take a look at it and see
if there is any recommendations. I have talked with the Fire Chief and will get
with the Police Chief and see what their recommendations are also.
Tolsma: Expressed concerns about there only being one way in and out.
Kingsford: Thank you for coming in I appreciate you coming.
ITEM #16: DEPARTMENT REPORTS:
Crookston: I just have one item that the Council should be aware of and that is we've
had a tort claim filed against the City involving an accident out on the freeway where
a woman was killed. What we normally do on tort claims is to deny them by in-action
which is allowed under the tort claim statute of the State of Idaho. We are one of
ten to twelve named entities.
Kingsford: Anything else Wayne?
Crookston: No.
Yerrington: We made up a letter of agreement with our Building Inspector this week~
We've added two new catagory's and I think each one of you has a copy of the new
agreement. Read fee schedule outloud. (SEE TAPE)
The Motion was made by Yerrington and seconded by Tolsma to approve of the new fee
schedule fees for the Building Inspector~ and have the Mayor & Clerk sign this agreement.
Motion Carried: All Yea:
Giesler: I have one thing to bring up. I was appointed to a Committee by the Mayor
to work on our impact area and the study that we are having done called Sewer Facilities
Study in that area. After the first meeting with JUB~ it looks like we can service
that area quite well all the way to Chinden Blvd. I, and our area of impact only goes to
McMillan. We have a grant that we have applied for to do this study and since we can
sewer that area~ I would like to see us include and also petition that we change our
impact area to go clear to Chinden Blvd.. I think that we are able to handle that
area.
Kingsford: It seems foolish to apply for a grant to expand the grant until we resolve
that area of impact. It seems to me that we might want to hold off 9n that~ George
what would you recommend?
George Wagner: I would recommend that you increase the size of your study area~ just
because the purpose of the facility plan is to identify for the City what it would
cost to serve areas that have a remote possibility that we will at some time extend
sewer service. I think that the area between McMillan and Chinden can be served
by served by gravity to the existing plant. I think this makes logical sense to do
that. Further explanations. (TAPE ON FILE)
MERIDIAN CITY COUNCIL
OC'lOBER 1" 1991
PAGE #12 '
Kingford: Of course Boise currently has an area of impact negotiation going on with
the County on that corridor. It would be my assumption since their City Engineer has
looked at that, that they are thinking about sewering it. Is it your recommendation
that we would be in a better stand to prevail in the area of impact agreement with us
getting it if we had done this sewer study and it was positive to us.
Wagner: I
or not you
crookston:
approve it.
think that you will have the information that you need to decide whether
want to sewer that and whether or not it's cost effective for you.
Your comment about whether the Department of Environmental Quality would
Do they have any jurisdiction or say as to how that would be serviced?
Wagner: If their money is used, yes.
Crookston: So if Meridian had the study done and it showed that it was more cost
effective as opposed to Boise, having that in line can Environmental Quality prohibit
Boise from moving that direction?
Wagner: No they can't.
Kingsford: Boise has not used either the loan fund or the grants for their sewer extension
have they for some time?
Wagner: They have built their Wastewater Treatment Plants almost exclusively with
grand funds. They also have used their loan program for a major interceptor project.
Kingsford: Is it the Council's desire to petition to expand the scope and add that to
the grant request?
The Motion was made by Giesler and seconded by Tolsma to petition to expand the scope
on the grant for the sewer facilities plan study to include the area in question, the
referral area.
Motion Carried: All Yea:
Kingsford: I notice that Dave Lewis is here. Two of the Council members and myself
visited with Dave a month ago and discussed the disposition of the City with regard
to the Eagle Road interchange. I think that it ought to be in the minutes that it is
our desire that that entire corridor and specifically including the Eagle Road
interchange area as being an area that is very desirous for the City of Meridian for
expansion of our commercial zone.
The Motion was made by Tolsma and seconded by Yerrington that the entire corridor
including the Eagle Road interchange area is very desirous for the City for expansion
of our commerical zone.
Motion Carried: All Yea:
Kingsford: When I said the corridor, specifically I was talking about the area in
the general vicinity of Overland a ways south that's in our areaof impact and the
corridor clear to Chinden, but specifically that interchange area.
Kingsford: The other thing I have is in order to meet the Uniform Building Code we
need to have a Board of Appeals. I have asked and they have agreed to serve on that,
MERIDIAN CITY COUNCIL
OCTOBER I, 1991
PAGE #13
Chairman Walt Morrow, Ted Hepper and Jim Shearer. I would entertain a motion for
the Council to approve of this Board.
The Motion was made by Yerrington and seconded by Myers to approve of these three as the
Board of Appeals to meet the requirements in the Uniform Building Code.
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Tolsma to adjourn at 9:15 P.M.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~~~/f&'~
ATTEST:
CITY CLERK
pc: Mayor & Council,
P & Z Members, Atty.,
Gass, Stuart, Ward,
Eng., Bldg., Police,
Fire, ACHD, NMID,
CDH, Hallett, Valley News,
Settlers,
File (8)
Mail (8 )
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Coun selors
P.O.e.ox427
Meridian, Idaho
83542
'olophona 888.4461
91JJ/'7LI II
I~D/.' '. .' C!. ~W' I
, I '," ,I C~ " ();( i211J'\ldl~I^,
J. D [\ \/ /i '", . '-\Iy
R E 0'0 ROE n u i~ r!J3~tw..o4J I
~/ ~oo I
ORDINANCE NO. !) b091 onT u c. 7 I
IJ I dfl 8 55
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING Of CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS A PORTION Of SECTION 7, TOWNSHIP 3 NORTH,
RANGE 1 EAST, 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 amend and change the zoning from C-G GENERAL
RETAIL AND SERVICE COMMERCIAL to R-8 Residential, for the
following described parcel:
Commencing at the West Quarter Corner of Section 7,
To vI n s hip 3 Nor t h , Ran gel E as t , B 0 i s e Mer i d i an, Ad a
County, Idaho; thence East on the Center 1 ine of Section
7, a distance of 521.4 feet to a concrete monument in
the center of East First Street on Pine Avenue; thence
North on the Center line of East First Street a distance
of 1264 feet; thence East 40 feet to the East line of
East First Street; thence North along the East line of
East First Street 662 feet; thence East 493 feet, more
or less to the West boundary of 50 foot road being the
Northeast corner of that certain tract of land conveyed
to S. L. HUGHELL and MARY HUGHELL by Deed recorded in
Book 203 of Deeds at Page 204, records of Ada County,
Idaho; thence South along the West Boundary of Road, 60
feet to the Real Point of Beginning; thence continuing
South 38 feet to a point; thence West 120 feet to a
point; thence South 60 feet to a point; thence West 126
feet to a point; thence North 158 feet to a point; on
the North line of the above described tract; thence East
116 feet to a point; thence South 60 feet to a point;
thence East 130 feet to the Real Place of Beginning.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which
is described as follo\'Js:
Commencing at the Hest Quarter Corner of Section 7 ,
Township 3 North, Range 1 East, Boise Meridian, Ada
AMBROSE,
F'ITZGERALD
& CROOKSTON
A1torooys and
Coul'ls1J!ors
P.O. Box 427
Meridian, Idaho
83542 /'
relophone 888'Y61
"
"----..__ ~c
County, Idaho; thence East on the Center line of Section
7t a distance of 521.4 feet to a concrete monument in
the center of East First Street on Pine Avenue; thence
North on the Center line of East first Street a distance
of 1264 feet; thence East 40 feet to the East line of
East First Street; thence North along the East line of
East First Street 662 feet; thence East 493 feet, more
or less to the West boundary of 50 foot road being the
Northeast corner of that certain tract of land conveyed
to S. L. HUGHELL and MARY HUGHELL by Deed recorded in
Book 203 of Deeds at Page 204, records of Ada County,
Idaho; thence South along the West Boundary of Road, 60
feet to the Real Point of Beginning; thence continuing
South 38 feet to a point; thence West 120 feet to a
point; thence South 60 feet to a point; thence West 126
feet to a point; thence North 158 feet to a point; on
the North line of the above described tract; thence East
116 feet to a point; thence South 60 feet to a point;
thence East 130 feet to the Real Place of Beginning.
be, and the same is rezoned from C-G General Retail and Service
Commercial to R-8 Residential, and Section 11-2-425, Official
Zoning Maps are hereby amended to reflect the same.
Section 2.
This Ordinance shall be in full force and
effect from and after its passage and approval as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this jS'f day o&{!hkc~_,
1991.
APPROVED:
GRANT
ATTEST:
<..) I ~)
.~/><J~~-I ~
C Ir- CL E R K - - . J A C K N I EM ANN
/
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
STATE OF IDAHO,)
s s .
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 OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
GENERALLY DESCRIBED AS A PORTION OF SECTION. 7, TO~JNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
E F F E C Tl V E D ATE "; pas sed a s 0 r din a nee No. ~, , by J't h e C i t Y
C om i }- la n d May 0 r 0 f the C i t Y 0 f Mer i d i an, 0 n t ne 1.. .s r day 0 f
-U/f+O~ _,1991, as the same appears in my office.
DATED this o?rJl day of &);_b('".(/ .. , 1991.
o
Meridi an
('
,"_._.."..__c<-~.....'
STATE OF IDAHO,)
.
.
County of Ada, )
On this 2 day of October , 1991, before me,
the u n d e r s i g n ecr;- a Not a r y pubT,c'Tnand for s aid S tat e, per son all y
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.
s s .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
. A ~
-Lf~
ot ry Publ ic for Idaho
R ding at Meridian, Idaho
My commission expires 04/01/93
September 26, 1991
TO: Meridian City Council
FROM: Daniel Wood
RE: Proposed 20 acre subdivision - Wood property
Request placement on the agenda for the City Council meeting to
be held Tuesday, October 1, 1991. The purpose would be to
submit proposals for subdivision property at that time.
Thank you for your consideration in this matter.
Sincerely,
~tl,~
Daniel A. Wood
by: Dixie Wood
888-2936 or 336~3393
=
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September 18, 1991
To whom it may concern,
We are in a situation of where we have overgrown
our present location, my home. Since we are located in
a residential neighborhood and do not feel comfortable
with the business or equipment in this environment for
obvious reasons. We have purchased approximately 1 1/3
acres located just west of Linder rd on Franklin so that
we may have room to expand and grow. Since we are limited
with what we can do financially, we felt it would be reasonable
to start with an office and work up from that point. We have
purchased a 14' x 66' mobile home with a 10' x 10' tip out in
front and ~vould like to move it to this location. We intend
to keep the environment neat & attractive by the addition of
landscaping and eventually a shop. We hope this location will
be an asset to the City of Meridian.
~#
Scott D. Gull
P.O. Box 4 @l Meridian, Idaho 83642 I) (208) 888-4988
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December 3, 1991
TO WHOM THIS MAY CONCERN:
We the undersigned, are opposing the application of a Day Care license
for Darryl and Marla West, located at 1832/1834 Crestmont Drive, Meridianl
Idaho.
We oppose this because of the additional traffic this Day Care would
generate on Crestmont Drive and also the noise. It is our understanding
that Marla West is planning on being the only Day Care worker. If an
emergency did arise, how would she be able to handle it if she had to
take a child to the hospital or doctor a child while leaving the other
children unsupervised? This seems very unsafe.
Signed,
1.
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J0';r~z,)('/~:;? ";\"/:(?l'~?'\S' ;L
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Rod's Construction
P.O. Box 36
Caldwell, Idaho 83606
December 5, 1991
Mayor Kingsford & Meridian City Council
33 E. Idaho
Meridian, Idaho 83642
Dear Mayor & City Councilman,
I would like to request permission to move our existing
temporary office in Glennfield Manor #3 to Lot 30 Block 10 of
Glennfield Manor #8. We would also like to place a small Sales Office
on same lot. Both offices will be temporary. We will obtain all
necessary electrical, water and building permits required. We would
like to move onto this lot as soon as possible. If you require any
additional information or documents please contact us. I appreciate
your cooperation.
Sincerely,