Loading...
HomeMy WebLinkAbout1995 06-20 MERIDIAN CITY COUNCIL AGENDA TUESDAY, JUNE 20,1995 -7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JUNE 6,1995: (APPROVED) 1. TABLED MAY 16,1995: REQUEST FOR ANNEXATION AND ZONING OF C-G FOR 74 ACRES BY E.L. SEWS: (TABLED UNTIL JULY 18,1995) 2. TABLED MAY 16, 1995: PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MIXED, PLANNED BUSINESS AND RESIDENTIAL LAND USES BY E.L. SEWS: (TABLED UNTIL JULY 18, 1995) 3, FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY DAVID AND DENISE HALL: (APPROVED; APPROVED VARIANCE) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY GOLF VIEW ESTATES PARTNERSHIP: (APPROVED AMENDED FINDINGS; APPROVED VARIANCE) 5, FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY RICHARD HEATON: (APPROVED FINDINGS; APPROVED VARIANCE WITH CONDITIONS) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: (DENIED FINDINGS; CITY ATTORNEY TO PREPARE AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW) 7. AMENDED ORDINANCE #639 - SALMON RAPIDS ANNEXATION: (APPROVED) 8. AMENDED ORDINANCE #640 - LOS ALAMITOS ANNEXATION: (APPROVED) 9. FINAL PLAT: WINGATE SUBDIVISION NO.2 BY D.W. INC.: (TABLED UNTIL JULY 5, 1995) 10. FINAL PLAT: LOS ALAMITOS SUBDIVISION NO.2 BY FARWEST DEVELOPERS: (TABLED UNTIL JULY 5, 1995) 11. FINAL PLAT: SALMON RAPIDS SUBDIVISION NO.2 BY FARWEST DEVELOPERS: (TABLED UNTil JULY 5,1995) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 39.87 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION (PACKARD SUBDIVISION): (TABLED UNTIL JULY 18, 1995) 13. REQUEST FOR EXTENSION OF CROSSROADS SUBDIVSION: (APPROVED ONE YEAR EXTENSION) 14. REQUEST FOR EXTEN ON OF SPORTSMAN POINTE sui AVISION: (APPROVED ONE YEAR EXTENSION)' 15. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. CHERRY LANE ROAD/SUNNYBROOK SUBDIVISION FENCE: (APPROVED) 2. EASEMENT RELINQUISHMENT - LOT 5, BLOCK 1 - CVCP NO. 1:(NEED VACATION APPLICATION) 3. WELL LOT 16 - DONATION ACKNOWLEDGEMENT: (APPROVED) B. WALT MORROW, COUCILMAN: 1. STRATEGIC PLANNING SESSION - TUESDAY, JUNE 27TH: C. BOB CORRIE, COUNCILMAN: 2. SPECIAL MEETING ON GOLF COURSE: MERIDIAN CITY COUNCIL JUNE 20. 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Anna Doty, Helen Sharp, Dale Sharp, Vern Alleman, John Wasson, Joe Carleton, Mike Caven, Dan Wood, Ted Hutchinson, Don Brian, Floyd Reichert, Mick Dauvin, Dan Torfin, Chief Gordon, Jim Johnson: MINUTES FROM PREVIOUS MEETING HELD JUNE 6,1995: Kingsford: Are there any corrections to those minutes? Tolsma: Mr. Mayor I move they be approved as written. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the June 6, 1995 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM#1: TABLED MAY 16,1995: REQUEST FOR ANNEXATION AND ZONING OF C- G FOR 74 ACRES BY E L. BEWS: ITEM #2: TABLED MAY 16,1995: PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MIXED, PLANNED BUSINESS AND RESIDENTIAL LAND USES BY EL. BEWS: Kingsford: The first item on the agenda as with the second item on the agenda and I recognize some folks from the audience that were concerned about that issue the Bews issue. We have received a request from the Sews' to table this to the second meeting in July, the July 18th meeting. I had hoped that they had contacted you, I asked them to when they asked us to continue that. So has that been sent along? Okay, they did receive a study or about to have from the Highway District and they are going to be reviewing that and suppose to be getting with you. Unless you have some comments I would ask the table to go ahead, the Council to go ahead and table that to that meeting. I would entertain a motion then for the Council to table then items 1 and 2 with regard to the EL. Bews issue. Crookston: Table to when? Meridian City Council June 20, 1995 Page 2 Kingsford: Until the 18th of July. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table items 1 and 2 to the July 18th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY DAVID AND DENISE HALL: Kingsford: Has the Council reviewed those and do you have any questions or comments? Corrie: Mr. Mayor I would move that we approve the findings of fact and conclusions of law as stated for David and Denise Hall and also approve the decision that the application for a variance to setback for (inaudible) Tract Subdivision NO.3 be hereby granted. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the findings of fact and conclusions of law and the decision represent therein, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie -Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY GOLF VIEW ESTATES PARTNERSHIP: Kingsford: Has the Council received and reviewed those findings? Morrow: Mr. Mayor I have a question, on page 5, item should be e it is noted as g, it says on or before June 20, 1995 should that not say June 20, 1996. Kingsford: The one that I had reviewed earlier didn't say 1996 I am sure. That is though number 9 instead of g Mr. Morrow, it goes S, a, b, c, d, e, and then 9. So amend that to June 20, 1996. Meridian City Council June 20, 1995 Page 3 Morrow: My copy says June 20, 1995, that is the only question that I have. Kingsford: As does this one. Morrow: Mr. Mayor I would move that we approve the findings of fact and conclusions of law with the date changed to June 20, 1996. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as amended to change the date to 1996 in the findings, it does say 1996 in the decision that is where I looked, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor I would move that it is decided that the variance from 11-9-604 11 is hereby granted and that the plat must be recorded on or before June 20, 1996. This then is an extension of approximately 2 years of a time requirement of 11-9-604 11. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY RICHARD HEATON: Kingsford: Has the Council reviewed those findings? Morrow: I have Mr. Mayor, my only comment would be that I don't see Mr. Heaton here this evening, it should be noted when he calls in for these that there is a special condition with respect to the approval of these and he does need to be aware of that. So, having said that I would move that we approve the findings of fact and conclusions of law as written. Tolsma: Second Meridian City Council June 20, 1995 Page 4 Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea, MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, it is hereby decided that the variance of the setback ordinance is hereby granted if the applicant executes an indemnification and hold harmless statement to indemnify the City and hold it harmless from any and all liability for granting this variance. And that prior to any additional construction on the storage structure or the concrete pad the above agreement must be executed and delivered to the City and approved by the City Council. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anna, would you highlight that section and forward that to the applicant tomorrow? ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: Kingsford: Has the Council reviewed those findings? Tolsma: Mr. Mayor I move that we approve the findings of fact and conclusions of law for the variance request for the tiling of the Eight Mile Lateral for Wild Shamrock partnership. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for Wild Shamrock Partnership, comment Mr. Morrow? Morrow: I have a question on item 13 on page 6 and maybe just need to refresh my memory here but was in the proposal of the request for this variance was fencing Meridian City Council June 20, 1995 Page 5 discussed and access to the lateral and was possible landscaping within the Eight Mile Lateral easement for aesthetic purposes, were those 2 issues discussed in their application? Kingsford: Those issues as well as my recollection, the portion on the North and east, north mainly would run in part adjacent to future golf course area. Is that not right? Crookston: This is the land that is north, south of the bowling alley. Kingsford: Excuse me, I am lost. Tolsma: I think what happened was the bowling alley wanted, didn't want a bridge put across that because their parking was created by ACHD over there, they had (inaudible) so the bowling alley doesn't want a bridge across there, a vehicle bridge. Morrow: In the original hearing before us there was on the part of the applicant there was some, a presentation that they wanted to use that as a future access point and we deferred from that. In terms of the variance request that was asked for at our last meeting I don't recall these 2 things being part of the variance request. I thought that the variance was simply not to tile the ditch, we had some discussions initiated by me with respect to size of ditch and the amount of water and Mr. Caven who testified indicated that between their engineer and Nampa Meridian's that the flow was well in excess of the 48 inches in diameter. I did not remember any of these things as being discussed. Kingsford: I think that is probably right Mr. Morrow. And of course the applicant is only the owner of the land on the south side. Mr. Caven is here and may address that question if you would like? Morrow: I think I would like an answer to it because I guess my reluctance here is to adopt findings of fact and conclusions with what amount to surprises to the applicant perhaps. Kingsford: Mr. Caven? Caven: First of all regarding the fence, the comments from staff and from the Nampa Meridian Irrigation District was that they did not require tiling or fencing of that lateral. In regards to the landscaping that was addressed on our site plan when we came forward with our application for the conditional use permits it had the landscape shown on the site plan. Off the top of my head I can't remember, Shari do you remember if there was landscaping on the north boundary? The plat here shows that there is landscaping on the north boundary that (inaudible). It looks to be about a 20 foot landscaping area. Meridian City Council June 20, 1995 Page 6 Kingsford: Other questions Mr. Morrow? Morrow: I guess my question would be is that was part of the presentation for the conditional use, why is it part of the findings of fact with relation to the variance was for the tiling of the ditch only. Why is it part of the conclusions? Kingsford: That was drawn I think in sum from that testimony, counselor? Crookston: Yes, we have in previous applications for a variance from the tiling requirement required fencing, specifically I recall the variance for Parkside Creek on the Eight Mile Lateral. The landscaping came from the conditional use idea, the fencing I put in there as a condition of granting the variance because I think that we do need something to prevent access to the Eight Mile Lateral because the reason that the Council passed the tiling requirement was a safety factor. If you don't require the tiling I think that you do need to place some kind of safety means around or on the area so that access is limited as best you can. Tolsma: We have done that all on previous residential properties (inaudible). Kingsford: You have required tiling in an industrial park most recently I believe Meridian Industrial park. Morrow: I think the issue there was it was less than 48 inches and if fell well within the issue. I think if I am understanding this property right the request for the variance was a variance from the tiling according to Mr. Caven the Nampa Meridian had recommended neither tHing nor fencing. I guess the question is in this particular ditch is that you have total access to the ditch on the north side of it by virtue of the fact that is it not Gem Street that runs immediately next to. If you are going to requiring fencing how does that impact their property in terms of, where does the fence sit? Does it sit out into the property and thereby cut off access to landscaping. Does Nampa Meridian have a setback requirement for purposes of maintenance or is Nampa Meridian agreeable to maintaining from the north side only. I think those are questions that I would like to hear the answer for. Caven: What Nampa Meridian would require, they have a 30 foot easement there so my fence would be 30 feet from the edge of the lateral where I have proposed landscaping at this point. They would not want the fence in their easement because they couldn't move their trucks. If I put in grass and so forth that is fine in their easement and that is what the landscaping is proposed is in the 30 foot irrigation easement. If I put a fence up it has got to be 30 feet from the edge of the lateral. Morrow: From water's edge, so from a practical standpoint how do you maintain the Meridian City Council June 20, 1995 Page 7 landscaping? Caven: Everything north of that fence will not be landscaped, it is not on our property and we will put the fence up and the irrigation district will maintain that no man's land. Morrow: So if I understand what you are saying correctly if the fence is not there then it gets that 30 feet gets landscaped. If the fence is there then the 30 feet does not get landscaped. I see Caven: Looking in the future and we put a fence up now Meridian Road, if you know Meridian and 1 st there is a lot of design right now going on in the improving of those 2 streets. I think ACHD is considering Gem doing improvements to Gem Street at the same time. If they would do that I would foresee that lateral would be tiled by ACHD to get the road width they would like going through there. We have a meeting scheduled with them next week to talk to them about some of the ideas because we are bonding for some of those improvements. Morrow: I think the other issue from our standpoint as a City is that we are not very far off of seeing that final design from Franklin Road/East FirstlWaltman Lane that entire area. Gary does that include Gem Road also does it not? Is there not some stuff there, there is, not? Smith: I haven't seen anything on Gem. Caven: I think ACHD contacted us and wanted to meet because I think they are now thinking follow the road improvement they would like to see Gem Street be a part of this project and include it in there. My feelings would be if I have to put up a fence I might as well take the cost of that fence and work with ACHD and see if they would foot the rest of the bill and put that money into tiling. If we are going to go to the expense of putting up a fence and not having landscaping. I would rather take that money and work with ACHD and get the ditch tiled. Morrow: I think from a practical standpoint Mr. Caven that work by ACHD is some 2 years away yet. Caven: Yes, maybe, I know Les Schwab is bonded or put in money for trust for improvement of Gem Avenue also. Morrow: I don't have anymore questions. Kingsford: You have heard the motion and second, roll call vote. Meridian City Council June 20, 1995 Page 8 ROLL CALL VOTE: Morrow - No, Yerrington - Yea, Corrie - No, Tolsma - No MOTION FAILS: 3 - No, 1 - Yes Kingsford: That being the case you need to look at amending your findings. Crookston: That I can do. Kingsford: I assume that you are talking about them specifically dealing with that issue of fencing. Morrow: That is correct, I have no problems with the rest of the findings. I do have a problem with the conclusions with respect to fencing. Kingsford: From my standpoint I would like to see the result of the meeting that Mr. Caven has with the Highway District if we are talking 2 years tiling I would not be for necessarily putting a fence up that is gone for all the years that lateral was created. It is an industrial area rather than a subdivision I don't have as much concern as I would if it were in a subdivision. I share your concerns generally. Tolsma: Especially where the other side is controlled by ACHD and they don't (inaudible) so it is still open on one side and not the other. Morrow: The additional point here is that ACHD controls the fate of that fencing on 3 sides, that property has been a functioning commercial entity for a number of years. It has only been within the last couple of years that there has been virtually not much going on there. So, that seems to me to be part of the issue also, I think in this case it would be better to have grass than fence and bareness in the short term. And if ACHD is going to incorporate covering it in the long term than it is mute. Kingsford: Another minor consideration is the Fire Department does use that on occasion for drawing water in that particular area in the case of a fire if there is insufficient hydrant capacity too. Access is useful in that regard. So anyway, I guess the proper motion would be to have the City Attorney prepare amended findings. Morrow: Mr. Mayor I would move that we instruct the City Attorney to prepare amended findings of fact and conclusions of law for the Wild Shamrock Partnership. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare amended Meridian City Council June 20, 1995 Page 9 findings of fact and conclusions of law for Wild Shamrock Partnership, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: If you would Mr. Caven the results of that meeting would be beneficial to the Council. ITEM #7: AMENDED ORDINANCE #639 - SALMON RAPIDS ANNEXATION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like amended Ordinance #639 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #639. Tolsma: Mr. Mayor I move we approve Amended Ordinance #639 with the suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve of Amended Ordinance #639 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: AMENDED ORDINANCE #640 - LOS ALAMITOS: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #640 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #640. Yerrington: Mr. Mayor, I move that we approve #640 Amended Ordinance with the suspension of the rules. Meridian City Council June 20, 1995 Page 10 Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of Amended Ordinance #640 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: WINGATE SUBDIVISION NO.2 BY D.W. INC.: Kingsford: We have a request from Mr. Wood that be tabled until the July 5, 1995 meeting. Mr. Wood is present if the Council has any question on that they may ask him. Is there a motion for tabling? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table Wingate Subdivision's final plat until the July 5, 1995 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINAL PLAT: LOS ALAMITOS SUBDIVISION NO. 2 BY FARWEST DEVELOPERS: Kingsford: Does the Council have any questions on that final plat? Morrow: Mr. Mayor, at this time I would like to ask Gary Smith to address a couple of comments that appear to be on all three of the plats that we are dealing with tonight. Obviously we tabled the D.W. one but comment NO.2 with respect to the water system. If he could make us a short presentation because I think that has some bearing on what it is we are going to do with these plats. Kingsford: Mr. Smith, I know you have spent a day and a half on that subject and will be well versed. Smith: Thank you, we have been receiving a few complaints from residents within the City and various parts of the City but primarily in the northeast part that they have been experiencing low water pressure. In the past there have been other reports in the past year Meridian City Council June 20, 1995 Page 11 or so of lower water pressure. This year it seems to be much more significant. At the time that I submitted these comments to you we weren't sure exactly what was happening. On all of the subdivisions that come before you for approval or a decision we run a water flow check through our computer model to verify that we have fire flow of 1,000 gallons per minute with a residual pressure of at least 20 psi or a minimum of 20 psi which is a fire flow minimum standard. At this point in time we have not had a failure in that computer model. Since the time that I wrote these comments to you we have done some investigating with our water superintendent with our water consulting engineer that help develop the computer model. It doesn't appear as though we have a supply problem although we just began to do some changing in our telemetry control system. So we don't know for sure. We have had a certain sequence of wells come on and turn off depending upon the water level in the tank. We have juggled the sequence of the wells coming on and turning off such that we have a well, a lead well coming on that is located in the northeast part of town. Hopefully with this well running more it will pressurize that system in that area and upgrade the pressure. At this time, because we only did that this morning I don't really know what the results of that will be. Morrow: Can you guess how long it will be before we have meaningful information for that problem, a week or 2 weeks? Smith: I would think that it would be pretty evident within a few days as to whether that is going to work or not. We have put some pressure recorders out in the system in that area. Particularly at the homes of some people that have been in contact with us previously about the water pressure problem. The other thing that is a little bit bothersome is that our big well runs a lot, Well No. 15 on Linder at the Vineyards Subdivision runs a lot. For example, yesterday the information out of the computer showed that it ran 24 hours out of 24 hours. The other well that was running in conjunction with that well ran for approximately 4 hours on and off during that 24 hour period. For example, yesterday only 2 wells were on of the seven wells that we have supplying the City. So, we have 2 wells of the seven that are down. One well in the northwest part of town, Cherry Lane and Ten Mile Road will be in operation in ten days, back in operation in ten days. Which will help the pressure situation out there which will in turn help the pressure situation in the northeast part of town becuase since the gradient is from east to west and we have additional flow then provided in the west that flow gradient will not be as great from east to west which will help the pressure on the east part of town. I just became concerned because I didn't know what the answer was. I knew we were getting a lot of calls and I didn't feel prudent in marching ahead with more development until we knew or at least from my standpoint in saying that we have the ability to serve untill knew what was happening. I don't know as of this point in time I feel fairly comfortable that it is not a supply problem just based on looking at the run stop records of the wells. Yesterday we had 2 wells running all day is all. We have some cool weather right now, this weekend is Meridian City Council June 20, 1995 Page 12 projected to be 90 to 95 degrees, hot weather again. It is just a fact that people pour the water to the lawns good or bad. Thankfully based on your efforts the pressurized irrigation is becoming a reality which is very helpful and will continue to be helpful. Nevertheless, I just felt uncomfortable at the time I wrote these comments I didn't want to proceed without knowing what was really happening. Morrow: Let me ask you this, are you still a little uncomfortable, would you feel better if we postponed these until our July 5th meeting which is a matter of 10 or 12 days from now or do you feel comfortable enough where you are at in terms of this troubleshooting to press on tonight with them? Kingsford: I think the question that I was going to ask Gary may have some information for Mr. Morrow on that subject. What was the amount that the wells put out that ran yesterday in number of gallons per minute? Smith: Well, I don't know the total gallonage Mayor, but Well No. 15 was running about 1,950 gallons per minute and Well No. 14 pumps about 1,550 gallons per minute. Kingsford: What is our total if all the wells were running what is their capacity? Smith: If we had Well NO.9 which has been off for awhile and 12 back on line those 2 wells back on line we would be at around 9,000 I think 9,100 gallons per minute total. Kingsford: So we were running it just over a 1/3 of our capacity? Smith: Well, 14 didn't run, it ran only 4 hours out of the 24 hours. Kingsford: I mean when they were both running. Smith: When they were both running correct. As I mentioned earlier, I don't think that supply is a major problem, I think it is an issue. Well No. 16 which has been drilled and is out for bid right now for equipping the pump and pump house is a pretty important well for that end of town, for the east end of town. It is important from the standpoint of pressure on Eagle Road and East of Eagle Road in the commercial area which we are lacking in right now. It is important for fire flow demand, quantity of water. I wouldn't expect that Well No. 16 would be operational for maybe 45 days from the date that we open bids which would be the first week in July. I am still not absolutely comfortable that we have solved the pressure dilemma in the northeast part of town. I think though that we are going to see some positive change there by the different sequencing of the wells coming on. And I know that we are going to see some positive impact when Well No. 12 is reactivated in the northwest part of town. Exactly what that means in terms of numbers Meridian City Council June 20, 1995 Page 13 I don't know. I guess my conservative attitudes from engineering just kind of take over a little bit. Because we have been running pretty hard everywhere. Corrie: I think from that explanation I would feel more comfortable tabling this until the July, would the July 5th meeting help you a little bit more on that Gary? Smith: Yes sir, it would, it would give us a chance to see what is going to happen, how things are going to react. I think that we are going to have to play with this a little bit with the controls. The controls on the telemetry because it is controlled by our tank level the controls in the telemetry system are very touchy. A change in a tenth of a foot in the on and off sequence of a well makes a difference, it doesn't seem like it would but it certainly does because I can stand there at the board and watch it happen. I think we need to and talking with our Water Superintendent he says the same thing, it is very touchy it has very little change can make a difference. I am not sure that, I think that the demand on the system has an effect on that change too. How soon the change takes place in the tank the water level changes in the tank. There are several things that we are looking at to modify our control system. One of them is to modify the telemetry such that part of the wells would be operated off of the water level in the tank and part of the wells would be operated off of pressure set points within an area such as the northeast part of town that would have a well on or off only by pressure in that region on that area. So we would have a pressure zone out there. But some of these things that we talked about we need to look at harder and find out all the intricacies of what kind of changes would need to be made. to accomplish it and how beneficial it would be to do that. Kingsford: I think personally I recognize Gary's concerns but as we look at last year's flows in the wells cycling on and off I agree we have a problem with pressure, but even last year during the hottest season all the wells did not run anywhere near all the time. Smith: There were days when they were all running. Kingsford: But not anywhere near all the time. Smith: Not all the time no sir, we have the peak periods of time that they were all on. Kingsford: The other thing that I think the Council needs to look at is we are looking at 45 days to 50 days to have that well on in the eastern part of town. These subdivision if approved tonight are not likely to have a house built and on line for that prior to that well being on line. Whatever your guys comfort level is. Tolsma: Question for Gary, when is our next (inaudible) corner of Ustick and Locust Grove area are we going to (inaudible) when is that up for bid (inaudible). Meridian City Council June 20, 1995 Page 14 Smith: Yes, it would be started quite soon, I have already placed and order with Idaho Power, a work order with them to generate the power being brought into the lot. We do have the deed for the lot, basically we have the specifications from the last well put together with some minor changes that thing can go out the door in pretty short order for drilling. Tolsma: What is the time frame on that roughly, six months? Smith: No it wouldn't be that long, I would say that well at a minimum we would have before a driller, once we start advertising it would be a minimum of probably a month before we had a driller on the site to start drilling. If we had another 2 months well, let's see. If we had a driller on the site for a month that would be 2 months and I don't think he would be there that long depending on the type of drill rig that he has. But a reverse rotary drill for example can drill a well in a week, they are in and out of there in a hurry. But assuming that we had a cable tool rig come in and drill it then that could take a while and anymore I can't tell you how long a cable tool takes to drill, it seems like forever. I would think that a month to get a contract through a month to get them in there and out of there for drilling, 2 months to equip it, so we are probably 4 months. Tolsma: So we are still into September, late September. Smith: Yes Tolsma: After the peak water usage anyway. Smith: It would be getting in on the tail end of the peaks correct. Then we have another well to drill south of town on Locust Grove at the Los Alamitos site. That is kind of important over there too just based on the development that is going on plus the fact that we only have one well on that side of the interstate and we have one water line crossing of the interstate. Tolsma: (Inaudible) Locust Grove and Ustick, Smith: Right. Morrow: Mr. Mayor, I think from my standpoint it is my preference that 2 weeks is not or July 5th is not a major time frame to wait. I think that I would feel more comfortable in terms of our staff if we tabled both item 10 and 11 until July 5th. So I would move that we table items 10 and 11 until July 5th. Yerrington: Second Meridian City Council June 20, 1995 Page 15 Kingsford: Moved by Walt, second by Max to table items 10 and 11 the final plats for Lost Alamitos and Salmon Rapids Subdivisions NO.2 until the July 5th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Mayor, can I make one more comment, just for the applicant and their representatives that might be here tonight. I hope they understand that this is being taken very seriously by me because for the welfare of the people that are already here utilizing water. I hope I am not over-reacting I just felt like I needed a few minutes to get a good assessment on what the situation is and give you the best information possible for decisions. ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 39.87 ACRES TO R-4 BY PNE/EDMONDS CONTRUCTION (PACKARD SUBDIVISION): Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Ted Hutchinson, Tealy's Land SUNeying, 109 South Fort Street, Boise, was sworn by the City Attorney. Hutchinson: Thank you Mr. Mayor and members of the Council, we are requesting annexation of about just under 40 acres of ground, we are adjacent to the city limits on 2 sides. We have Wingate Place subdivision on the west side and the next phase whenever it comes before you of Dove Meadows on the south as well as the Capital Christian Center on the south. We are located west of Eagle Road there is a 1/4 mile separation between Eagle Road and our site. We are also a 1/4 mile north of Fairview. We do stretch, we are about that square 1/4 in there. There is a subdivision application which was delayed at the Planning and Zoning level we believe we have everything ironed out at their last meeting they recommended approval and passed that on. That subdivision request will be coming before you. The area surrounding the site is predominantly residential zones, there is R-8 to the west which has the smaller lot sizes and R-4 I believe to the south. We are proposing that this be annexed for residential development with an R-4 density. The lots will be at least the minimum lot size would meet the R-4 zoning standards. The lot sizes that we are proposing range from 8,000 to almost 20,000 square feet. We have reviewed the findings of fact and conclusions of law that were issued by the Planning and Zoning Commission. We agree with those basically I believe they were recommending that this be annexed and that there were several requirements that were included. However there seem to be some confusion because we are also submitting Packard Subdivision NO.2 which is going to be north of this site and north of that or adjacent to that Meridian City Council June 20, 1995 Page 16 in fact running through the middle of that is a portion of Wingate Lane which is not a public road and I don't believe it is an approved private road by Ada County. But there was some confusion about the development that should occur next to those properties that front on Wingate Lane. And basically those are properties that are north of the South Slough excuse me there is a lateral that runs in there, north of that lateral that is south of Carol Subdivision. I think there was some confusion in the findings concerning any development that occurs against those. I think that basically shoudl be reserved until Packard Subdivision NO.2 comes along which will be, in fact it will be heard by the Planning and Zoning Commission this Thursday night. Anyway (End of Tape) Again on page 3 there is some confusion regarding Wingate Lane and how much development of Packard Subdivision NO.1 would affect those parcels that are on Wingate Lane. Virtually none of those parcels will be affected by this particular development. The Packard Subdivision No. 1 that we are proposing to develop in four phases the first phase would be the far southwest portion of the site. The second phase would extend up to the lateral which forms our northern boundary and phase 3 the northeast corner and finally phase four being the southeast corner just north of the Capital Care Center or Capital Christian Center. The findings and conclusions particularly in the requirements and we are just talking about the annexation and zoning of this particular piece of ground we understand that the City of Meridian prefers development agreements. The developer has picked up a copy of the development agreement, I believe they are getting that ready so that it can be submitted to the City of Meridian for review and ultimate adoption. We would like to ask if you look at page 13 beginning on page 13 where we talk about the issue at hand which is the annexation and in the findings it says that the application for annexation and zoning is in conformance with the Comprehensive Plan it is not in conflict with the rural sections. It discusses the large lots in the Wingate Lane area and the Carol Subdivision area in requiring buffering. In the design of the subdivision which will be coming before you we have proposed some pretty good sized lots up against the Carol Subdivision and we have added considerable amounts of depth to those lots so that we can require an additional rear yard setback to provide some distance between any dwellings that may be developed in the Packard Subdivision and the existing dwellings in Carol Subdivision. The lots on the Wingate Lane we will specifically address when we bring forward the Packard Subdivision No. 2 should be noted at this point that the lots along Wingate are not developed to their full potential. Basically these are unplatted parcels. They range in size from probably an acre to five acres or more. Basically they do have a considerable redevelopment potential. Conversely the lots in the Carol Subdivision are fully developed and there would be, there really is no comparison between the lots that lie in Carol Subdivision and those that are in the Wingate area. There is little or no opportunity for redevelopment of Carol Subdivision, however the lots along Wingate Lane are large tracts that will in all likelihood redevelop at least to an R-4 density. Although the current property owners mayor may not be inclined to develop their property a realistic evaluation of the property value is based on the redevelopment potential for those parcels. The highest and Meridian City Council June 20, 1995 Page 17 best use of those tracts is not going to be 1 to 5 acre parcels. The highest and best use will be found in the development of lots that are 6,000 to 8,000 square feet. Particularly those tracts that are next to the Kearney Place Subdivision, Wingate Place and Chamberlain Estates Subdivisions. For those parcels closer to Ustick Road most of that redevelopment will most likely be similar to the development which has been approved north of Wingate. So we ask that in your review of the findings and before you issue the findings we would ask that you maybe take a look at those items that do not specifically affect Packard No.1 which is the 39.87 acres south of the lateral. Again, we are contiguous to the City limits, your comprehensive Plan has designated this as a residential zone. We are trying to provide for buffering between the Carol Subdivision which is an acre lot subdivision currently under county jurisdiction and those smaller lot subdivisions which are located within the Meridian City limits. Those basically have an R-8 density and have lots as small as I believe about 6,000 square feet. We do comply with the provisions of your Comprehensive Plan, the subdivision will be in compliance with your zoning ordinance and development standards. We ask that you annex this property with the zone of R-4. Are there any questions from the Council? Kingsford: Questions from the Council? Mr. Morrow? Morrow: I have some, is my packet missing, there is no proposed, in my information, there is no proposed lot layout or any of those kinds of things. Kingsford: He is indicating that is still at P & Z. Morrow: The question is why is not with this? Hutchinson: Mr. Mayor, Councilman Morrow, the application, the P & Z held it up they felt comfortable with the annexation when they acted on the annexation. However, they had a couple of questions for the City Engineer so they delayed the application for the subdivision. At their last meeting the Planning and Zoning Commission did recommend approval and passed the subdivision proposal on for you. I am not sure when that is going to be scheduled for you. Kingsford: You didn't receive this map, I thought that everyone received it. I don't have it out here I have seen it. Hutchinson: I have a view foil, I don't know if you have an overhead projector. Kingsford: We don't right here. Do you have any other questions? Morrow: Not at this time. Meridian City Council June 20, 1995 Page 18 Kingsford: I would comment then that the Council should have received a letter that we received today from Mr. Vern Alleman with regard to his comments. If he would like to make those he is welcome to but we will include that in the record. Anyone else from the public that would like to offer testimony? Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: I am one of those confused individuals that he is talking about. I don't know what the distinction is between Packard 1 and Packard 2. Is it my understanding that what is on the agenda tonight is that parcel south of Carol Subdivision? Or does anybody know on the Council? (Inaudible) Brian: On that parcel my ditch lateral runs the entire length of the east side if I am not mistaken and on the entire south side also. I haven't got a copy of the findings from the planning and zoning so I am not aware of what it states in there but I voiced by concern at the Planning and Zoning meeting about as they progress through this subdivision in phases of 1,2,3 and 4 they are working right around that lateral. It was my wishes at the time of planning and zoning to persuade them to get all the ground work such as the tiling of that ditch done as soon as they start phase 1 and get that out of the way so it doesn't lead onto a situation that we have in Dove Meadows which is adjacent and they waited until the last, they waited until their subdivision approval ran out of time and hasn't been approved. They haven't buried that ditch yet and we still have problems with the ditch out there. Because they waited until the final phase in the Dove Meadows project to that ditch burying and now the final phase of Dove Meadows has lapsed and they haven't got anything going. That ditch is going to lay open for another year or however long it takes to get it developed. I would like to keep that from happening in this development and get that ditch buried and out of the way and get me out of your guys hair for the next 4 phases of this subdivision. I don't know if that was addressed in the findings or not if they are going to do that. There is also a question of where that ditch lies and whose land it lies on, whether it is one the developers side or if it is on the church property side and back on the east side. I don't think anybody even knows where it is because it is buried and there are a couple of ditches going over the top of it. So I don't know what is going to happen out there and as that all becomes developed and the undeveloped portion to the road that is all going to end up being buried. I know there is a problem with that ditch lateral. I get to go out there and, I don't know what it is every 400 feet and check one of the clean out boxes and find out what the problem is for 5,000 feet down to my place. That whole ditch line is going to be in people's back yards all the way to my property when that development is all done. I would just like to see that ditch be taken care of as they start phase one or before and make that a requirement of the developer to get that out of Meridian City Council June 20, 1995 Page 19 everybody's hair. Also take care of the problems we had pending with the Dove Meadows Ditch on what is going to happen with that. Because I don't know where that stands or what the status is of that, what they are going to do. It is a temporary ditch now, Dan Wood' development and Wingate Lane he has done his part, he has buried his ditch and I am sure when he does phase 2 of Wingate he wlll do his tiling but nothing has been done in Dove Meadows other than problems and relocation as a temporary stuff. It is anybody's guess how long that is going to layout there. That is alii have. Kingsford: Do you have any questions? Morrow: I guess my only question would be is that we are getting some relief there with respect to the flooding. These issues that you are discussing now are with respect to the supply of water to your. Brian: Right, the live water coming to feed me. The drain water, to give you the rest of the Councilmen an update on the drain water that I had problems with last year or the last four years of flooding I have been dealing with the Avest people on the Fred Meyer property and they have put in a temporary ditch and a diversion that has taken care of the flooding problem so I haven't been flooded out this year yet. This is just the live ditch. Kingsford: I didn't know if it was that or you just didn't like me anymore that I hadn't seen you. Brian: There is more to life than City Council. Kingsford: Thank you Don, anyone else from the public? Helen Sharp, 2445 Wingate Lane, was sworn by the City Attorney. Sharp: I am at the end of Wingate Lane and of course we have lived there numerous years and I of course would disagree with the developer in that we are not using our land to the maximum. Not everybody wants to live in a subdivision, we kind of like the idea that we bought five acres, we would like to see it that way. We moved out there in that country lane that we maintain, we would like to keep it that way and while it does not directly affect this particular he was the one that suggested in time it will because Wingate Lane is going to be involved in it. The main reasons that I am against this annexation is because it is going to open too many doors and the services are not there. The developer knew when he bought this land and proceeded to develop that at this time water and sewer are not available. Should this board or this Council of the City of Meridian grant this then I would assume since part of the niceties or good things about (inaudible) are the services that are to be provided being sewer and water. If they are not there that could be lift station with Meridian City Council June 20, 1995 Page 20 the lift station that of course would be another expense for the City of Meridian. And I don't believe that the Meridian residents should be burdened with an expense to the betterment of a developer so he could have what he wants. And I think that, I (inaudible) I think that is very evident when the plat itself is not being presented at this time along with the zoning and the request for annexation. I think this one way to put guilt upon this board they have spent so many dollars to start this and it is easy to say what do I do with it now. I can't economically feasibly sit on it and wait for an action that is (inaudible) and the feasibility of any project (inaudible) why this board should even consider it. It certain is not there, we have another real serious problem, we are asking our kids to go to schools that are overcrowded and I think the public has spoken very strongly when they denied the last bond issue. And it is going to get progressively worse. We do know that the children that live right in the immediate area of St. Joseph school cannot attend and what will this do with the school if they continue to build right close by it. Also the traffic, the traffic is horrendous if you live in that and (inaudible) back to phase 2 crossing private lane Wingate because they want to go off Locust Grove (inaudible) even Locust Grove now is worse than Wingate Lane which is a private lane. We do keep that maintained. Of course our question and our concerns are stop it now before it gets even further out of hand. You can annex this which would be an opening for phase 2, why do we have to be concerned about that. We are talking about this specific piece of land and I say now we do not have the services, we know the services are up there (inaudible) I don't think it should be granted. Here again I think if Planning and Zoning was not willing to give it to you as a total package they gave it to you in parts then it should be acted on this until we find out just exactly what the proposals are. Thank you. Kingsford: Questions for Mrs. Sharp? Anyone else from the public? Dale Sharp, 2445 Wingate Lane, was sworn by the City Attorney. Sharp: I kind of resent the fact that this is being presented in a piece meal fashion where you say Packard No.1, 2, 3, and 4 and they know darn well it hinges on crossing Wingate Lane and this is a private lane and you are going to affect the traffic on that lane and they say well people won't use that lane, but they will. They will use it because they got to leave us access to Ustick from our place. And they say they will use the paved lane but people come down there and try and use it just for a short cut to Ustick and also if this happens these different phases they will try and use Wingate Lane to bring their construction equipment in if this is approved for these different phases. I do have water pressure of the neighbor over in the subdivision south of me. He said we just have a trickle that is coming out of there. Putting it mildly he was not very happy. As far as the annexations and zoning there, they don't have the sewer. The schools are overcrowded and the public has spoken and said something has to be done here. We don't have this now and we are just compounding it if we continue to annex and place these subdivisions Meridian City Council June 20, 1995 Page 21 in existence. As far as putting bigger lots and so forth close the Carol Subdivision we would like also to have bigger lots and so forth closer to our property if these are approved. We have been out there 30 years practically and I think we deserve just as much consideration as Carol Subdivision residents. In fact we, they were going to put mobile homes in that Carol Subdivision and we opposed that. Now we have a beautiful subdivision, why can't we have something like this going on instead of these small and (inaudible) where people don't have enough room and so they get, there is always these people get mad and everything else. I think it is just because they don't have enough room they don't have any privacy and if a house starts on fire the next house starts on fire and that happened right over here, right over south of Meridian. So, I think we need to look at these things before we ever approve. These piece meal planning and approval of these things I am just opposed to it and I am opposed to this annexation. Kingsford: Questions for Mr. Sharp? Corrie: Wingate Lane, is that, you say it is a private lane and who is that owned by, is that owned by you? Sharp: We have access the property owners have access down there and it was granted in 1913. Kingsford: Who is the owner of the deed, does it go as it progresses. Sharp: As it progresses down right. Morrow: So each property owner owns a portion of the lane and then you maintain it. Sharp: I might offer more we went to Ada County Planning and Zoning here abut 4 or 5 years ago and at that time they said there would be no more single family residential permits off of Wingate Lane. If you do cross Wingate Lane and put those houses up there that is going to in effect put more permits off of that lane. At the time they said okay we will allow this one property to build a house there then subsequent to that an individual down at the end of the lane bought some property and they denied it solely on that basis. So I think that when you start affecting the people that live on Wingate Lane I think you should give us some consideration because we have been there a long time and we have been supportive of Meridian, Ada County and the State of Idaho. Kingsford: Any other questions? Anyone else from the public? Floyd Reichert, 2575 Wingate Lane, was sworn by the City Attorney. Meridian City Council June 20, 1995 Page 22 Reichert: I would like to give a little input on the clarity of Wingate Lane. When it was dedicated by the land owners as the East 15 feet of the northwest section. It is recorded on a contract of agreement, recorded at the court house. Wingate Lane is one the property of those on the west side of the lane. I have asked repeatedly from people on the east side of the lane to dedicate right of way when they build their home and they have never dedicated any footage other than 2 homes. Those 2 homes have dedicated 25 feet but they pi led rocks out there and planted trees that you can't use the east side of the lane. If you need be I can bring that document from the court house that was recorded down there in 1913 of who owns that 15 feet. It is the property owners on the west side of the lane. It is the east 15 feet of their boundary. Kingsford: Can I ask you a question please? That being the case, you're the ownership Mr. Sharp's question confused me. The owner of this property then would be able to traverse across that lane because they do not own it, am I right there? Reichert: If you are looking at the first subdivision that you look out (inaudible) property that is directly east of my property doesn't have it, that was the old Kirkpatrick place when I moved out there. The property that is south or north of my property owns the 15 feet, owns Wingate Lane. Just like the man that owns the property and paid taxes on it for 40 years on the end down there of Ustick that can't use it owns it and pays taxes on it. Any other questions? Kingsford: Let's see if there is other comment first please. Anyone else from the public? Your response. Hutchinson: Thank you Mr. Mayor, again I am Ted Hutchinson of Tealey's Land Surveying, a lot of the, I think we are getting into issues that will be specifically addressed when we get to Packard Subdivision No, 2 and I believe that most of you have, somehow that got into your packet for tonight and that is coming forward to you. I have a map of the area that shows the location of our property in relation to the development and I will submit this into you. This is Fairview Avenue here, Eagle Road, Locust Grove. We have Wingate Place Subdivision No.1, NO.2 I believe is going to be to the west of that. Kearney Place Subdivision is here. Dove Meadows is in this area down in here with the Capital Christian Center being located here. The hatch part here is our proposal is 39.87 acres just barely under 40 acres. I believe it is Hickory Way is the road that goes into Dove Meadows, we will have to extend Hickory Way into our property to get access to Fairview Avenue. Then we will develop basically phase 1 is this area down here and then phase 2 of here, phase 3 and then phase 4. Wingate Lane is this area that runs from Ustick Road down to the Sharps's property which is right here in the corner. Again Kearney Lane is immediately south of Sharp's, R-8 6,000 square foot lots. Chateau Meadows NO.6 is also R-8 forms the Western boundary of the Sharp property. Wingate Lane as they have indicated was Meridian City Council June 20, 1995 Page 23 deeded in 1913 to the property owners I believe there were originally 3 property owners now there are at least 11 property owners in that property. Mr. Alleman lives up in here I believe his property extends part way out there I am not sure who else has property immediately adjacent to Wingate Lane. Mr. Alleman sold a portion of his property to his brother who has subsequently sold that property to the Brown's, the Brown's sold the property to Pacific Northwest Electric and Edmonds Construction. That is this property right in here. This property right here was owned by the Borup's they have also sold to Pacific Northwest Electric and Edmonds Construction. So everything that was in the heavy dots up in here is now owned by Pacific Northwest and Edmonds as well as this. When this subdivision up in here comes before you the portion of Wingate Lane that lies on the PNE/Edmonds property will be constructed as public road right of way and dedicated to the Highway District. It is only going to affect that portion that lies within the subdivision. Access to the Sharp's and to the Reichert property will have to be maintained. They have legal access to that easement we will provide access onto a public road right of way and then they will traverse the public road right of way to the edge of the right of way and then they will be given the opportunity to get back onto the easement that goes out to Wingate. Now this presents kind of an interesting problem, we are looking at working this out with the Highway District whether it takes a gate across Wingate to prevent the residents is something that we will have to get worked out. But again that is in the second phase. I think these kind of issues are clouding the issue which is basically this piece of ground right here. We have Meridian City limits on the west boundary and on the south boundary. It is in an area that your comprehensive plan calls for residential development. We are proposing that it me R-4 which is, it is larger lots than those that have been approved to the south and west of the property. We are providing a buffer against the one acre lots in Carol Subdivision as I stated before that is pretty well at a maximum development I don't think you will see any type of redevelopment in Carol. With the current development that is there it would take a complete re-do of that property in order for them to re-develop. These other properties that are along Wingate Lane are larger tracts, they have nothing, one single family dwelling on them. The opportunity for them to re-develop is there and it is going to happen. Again whether it is similar to the Kearney or Chateau Meadows that would be up to the City Council ultimately on what size lot size or whether or not it would go to the lower R-4 density similar to what we are proposing in Packard Subdivision. As far as piece meal I don't believe this is piece meal this was submitted as a package to the Planning and Zoning Commission again they felt comfortable enough with the annexation and zoning request to recommend approval and send it on to the City Council without the subdivision. Now they have subsequently acted on the subdivision and it is coming before you, I don't have the specific date, I don't know if Shari has that date established yet or not but the subdivision is coming before you. Kingsford: Can I ask you to you respond to the issue brought up with regard to sewer and water? Meridian City Council June 20, 1995 Page 24 Hutchinson: Certainly, right now there is water at the end of Hickory Way which is in Dove Meadows and we will extend water, that is , in talking with your Water Superintendent I believe that was a 10 inch line. We will extend the 10 inch line into Packard and through Packard to the north so that it will continue with a 10 inch line to the north. I believe we also have to take the ten inch line out to either 8 or 10 inch I can't recall whether it is 8 or 10 that we extend to the property to the east. Sewer right now, there is sewer in Dove Meadows, we have worked with Gary Smith the City Engineer and we recognize that it is going to take a temporary lift station. There will be a temporary lift station that would service just this parcel. We understand that if we when we submit this which is already in the process that the sewer for this will come through the extension of the south slough which is up in this area here. So this will be sewered by gravity and then once this is fully developed in here then the temporary lift station will be able to be taken off and this whole thing would gravity to the south slough trunk line. So there really are services available to this, water and sewer. All be it we will be using a temporary lift station but we will work that out with and make sure it is complete to the City Engineer's satisfaction. This would be temporarily on a lift station. As soon as this one, sewer was extended through this then the lift station would be removed. Morrow: Question, what does temporary mean? Hutchinson: Well, as soon as the sewer from the north is extended. Morrow: I understand, is that 5 years, 10 years? Hutchinson: I don't have a time frame on that. Morrow: Who maintains the temporary lift station? Hutchinson: I believe the City of Meridian maintains the lift station. Corrie: So in other words if you don't do that NO.2 for 15 years we have a lift station for 15 years. Hutchinson: That would be correct. Corrie: That is expensive. Kingsford: Any other questions? Anyone else from the audience? (Inaudible) Meridian City Council June 20, 1995 Page 25 Kingsford: Well, we take your testimony whatever it is you wish to offer. Would you come up here so we have you on tape please? Sharp: On this drawing that he gave you may I see something please? Now if I can get this turned around so I really know where I am. We are on the corner this is our corner and the corner of the subdivision are right together, One of the problems that we heard when it went to Planning and Zoning and I talked to the engineer and the Attorney for the Highway Department, there has to be 2 accesses into and out of the properties. The drawing that was submitted originally to Planning and Zoning had one. This is where Phase 2 comes in and we have to take into consideration because in order to have that separate access they want to develop this 2 crossing Wingate Lane and going out through Locust Grove. There is not any immediate plans for Locust Grove and we know I have attended (inaudible) studies done on Locust Grove. We have a light at Locust Grove and they are going to do something about that intersection is coming in there. Nothing is being planned for Locust Grove from Fairview to Ustick until 2001 and that is only because Fred Meyer's is coming in there and because of the traffic. When this was brought up someone said just because someone works at Micron does that mean they live at Columbia Village, and I'm saying I hope not. (Inaudible) same as our situation here with Fred Meyer's and (inaudible) live in one of these subdivisions immediately close to it. We talked about the (inaudible) how is Meridian going to benefit. We are going to get an expense (inaudible) thank you for asking what temporary meant that could mean 30 years. The only one that is going to benefit is the developer (inaudible) with that tax base and (inaudible) but if you had a $125,000 house (inaudible) of that money that you pay for taxes you would have $481 that would go to the school district (inaudible) $2600 to educate a child in the Meridian School District. (Inaudible) there is also the funds that come from (inaudible) and I know we don't pay State taxes or Federal taxes all we pay is property taxes. So where is this money going to come from? Here again when you are talking about broadening the tax base it is a false front. If that was a big (inaudible) such a tremendous problem with our schools. If our tax is so good with this tremendous influx of subdivisions. Here again the only ones benefitting are developers. We have a high water table there, 18 inches down we have hard pan and that is going to be brought up when the Brown property comes into play again because (inaudible) the hard pan and the water won't flow. We have 6 inches of water in one of the houses just to the (inaudible). We cannot ignore this (inaudible) here again since we don't have the plat (inaudible) do we or do we not have (inaudible) says there has to be. I for one say think about please think about this before you grant it. Kingsford: Anyone else from the public? Mick Dauvin, 2820 Wingate Lane, was sworn by the City Attorney. Dauvin. Just a couple quick comments, I would think we would probably want to see a Meridian City Council June 20, 1995 Page 26 complete plot or plan before from P & Z before you act on an approval. Is there easements granted for the permanent sewer line along the slough. Kingsford: Thank you, anyone else? Seeing none I will close the public hearing. Council members, Mr. Crookston has there been significant changes since the findings of P & Z? Crookston: There have been people that did not testify at P & Z. I don't believe that the comments are significantly different from what was presented at P & Z though. Kingsford: What is the Council's pleasure? Morrow: Mr. Mayor, from my perspective, and I am going to be consistent here with my long held position that is that I am not seeing a whole project. I don't intend to vote for these findings offact if that is in fact what the motion is until I see a whole project. I think that it makes good sense from the stand point of the development teams and the contractor teams and from the City's perspective, the neighbors perspective that we see the entire thing. If we have got part of this held up at P & Z for actions there I think that we need to see that. My major reason for that is that as a City the major hammer that we have is that point of annexation. I want the loose ends tied up at the point of annexation so that it is clear in our minds as a City, our citizens mind, the developers mind and the builders mind exactly who gets what and who does what and all of those issues are resolved upfront and not at some point later. So, from my perspective I am not prepared to vote on these findings of fact and conclusions until I see the rest of the information. Kingsford: When you say that you mean specifically the plat? Morrow: The plat and those things that are related to this 40 acre subdivision. I would think as a word of caution to the engineering folk it looks to me like there are some other issues out there that and to the developer that maybe ought to be resolved because I can see that some of those are real valid issues. And that would be a secondary point of access and Wingate Lane, how you effectively keep people from using it if you are going to tie into it and those kinds of things long term. That does affect this subdivision and it does affect the neighbors at some point in the future. So I would like to hear some comments with respect to that also or those issues being addressed at least. Tolsma: Mr. Mayor, I agree with Walt's sentiments entirely. Also, in relation to Mr. Alleman's comments here on the park that was originally proposed there which is no longer out there I would like to see where that City park is going to be or where the community park is going to be or where the green area or open area is supposed to be inside that subdivision. Meridian City Council June 20, 1995 Page 27 (Inaudible) Kingsford: Sir, we have closed the public hearing and at a minimum we would need to have this on tape but those are issues that I think need to parallel or at least the Council is saying needs to parallel or at least the Council is saying needs to parallel the annexation. That they want to have that either with or have these things before they approve the annexation. (Inaudible) Kingsford: Shari, are you aware of that? July 18th they are saying. (Inaudible) Kingsford: I understand that what this Council would like to have as this annexation is proceeding is that in front of them as to what is going to happen with the property. Planning and Zoning has had that this Council has not seen that plat. That is as I am hearing their comfort level is they need to have that. Corrie: Mr. Mayor, also, I have some problems with this lift station it looks to me like you should flip flop your subdivisions around. What, if you don't do number 2 for 10 or 15 years and let's say we don't have the population or growth pattern we are stuck with a lift station cost. Is there, I think you should look at it the other way around. Get those problems solved and then not have to do your lift station. So, I agree with the other 2 Councilmen, I am not at ease with this at all and wouldn't put it to a vote either. Just for the comments of the developers. Morrow: If I might raise another point Mr. Mayor, it seems to me that maybe part of what is remiss here is that I guess my preference would be that P & Z not pass on these issues piece meal. I don't know that is fair to us it is not fair to the public or the development teams. I would think that it would make sense that either we get the whole thing from them or nothing from them and if they are uncomfortable with parts then they hold it until they are comfortable with the entire project and then forward it as one project. It seems to me like there is some room for improvements there. Kingsford: Other comments? What is your pleasure? Morrow: My pleasure would be to table this until we received the second portion of it and then look at the whole thing. If that is July 18th that we are going to receive that than I would move that we table this until July 18th. Meridian City Council June 20, 1995 Page 28 Tolsma: Second Kingsford: A question then that I would have, you are saying the second part, now Shari is Packard NO.2 on for the 18th? I wanted to be clear on what you said. Morrow: The second part has nothing to do with Packard NO.2. Kingsford: You are talking about the plat for Packard NO.1 this property? Morrow: Yes Kingsford: You have heard the motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I assume that you have those maps and we should be able to see those forthwith. Even though the P & Z has them the Council should see those. (End of Tape) ITEM #13: REQUEST FOR EXTENSION OF CROSSROADS SUBDIVISION: Kingsford: Has the Council reviewed that, is there any question or discussion? Tolsma: (Inaudible) Kingsford: Is that right Shari, number 3 is the correct one for Crossroads NO.3 am I right? Is that the one that they are asking for the extension on? That is correct. Yerrington: Mr. Mayor, I move that we grant the extension to Crossroads Subdivision No. 3 until the first meeting in, well first of July 1996. Morrow: Second Kingsford: Moved by Max, second by Walt to grant the extension on Crossroads subdivision NO.3 until the first meeting in July, 1996 all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: REQUEST FOR EXTENSION OF SPORTSMAN POINTE SUBDIVISION: Meridian City Council June 20, 1995 Page 29 Kingsford: Similar request, any questions on that? Tolsma: Mr. Mayor I would move that we grant the extension for recording the final plat on Sportsman Subdivision No. 5 and 6 for one year from this date, it would be the first meeting in June, 1996. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve of the extension of Sportsman Pointe 5 and 6 until the first meeting in June 1996, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Thank you Mr. Mayor and Council members. The first item on the department reports is the Cherry Lane Road/Sunnybrook Subdivision fence. I believe you have in your packet it should be the last item, a request from the Highway District to place a fence along Cherry Lane Road adjacent to the Sunnybrook, I think it was the first phase of Sunnybrook Subdivision to place this fence along the back of the sidewalk. Hopefully you have had a chance to go out and take a look at that. I know Councilman Yerrington and I have looked at it. I believe Councilman Corrie has looked at it and I think you can see just from visual inspection that placement of the fence somewhere else on the slope of that fill would create some problems. that is the reason that the Highway District requested this. Basically it is a placement of a fence within the public right of way which is covered by a section of our ordinance, I believe he refers to it, Ordinance 9-S07 F, G and 1 H. I asked him to address the variance request to the City Clerk but the letter came to me. So anyway it does require by that Ordinance section that the City Council approved of the placement of the fence within the right of way. It really isn't a variance to the ordinance as far as I can tell unless Wayne can say otherwise. It is strictly a request for approval as required by the ordinance. If you have any questions I would be happy to try and answer them. Kingsford: Any questions for Mr. Smith? I have looked at it I think it is the only appropriate thing they could do. I think we have to approve of their request. Smith: Yes sir, that is the way I read the Ordinance. Yerrington: I make the motion that we approve of the request. Meridian City Council June 20, 1995 Page 30 Corrie: Second Kingsford: Moved by Max, second by Bob to approve of the Highway District's request to place a fence through Sunnybrook FarmlCherry Lane in the easement, the Highway District's easement, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: The second item I have is a request from Roylance and Associates for an easement relinquishment in Central Valley Corporate Park No.1, Lot 5 - Block 1, I will pass out their written request along with a little photo copy of the lot. Any time a request for a relinquishment is made it goes through the various utilities. They all have to sign off on the request. At the top of the written page you can see there are five utilities listed there one of which is the Meridian Department of Public Works. The area that I have highlighted on that sheet states that the document will relinquish the 20 foot easement on the north of Lot 5 - Block 1 and create a new 10 foot easement along the north line of Block 5 - Lot 1. This document will relinquish the 20 foot easement along the west line of Lot 5 - Block 1 and create a new 5 foot easement along that west line of Lot 5 - Block 1. Public works department has no objection to this. Tolsma: Mr. Mayor, could we require the same thing we did on this prior easement to indemnify the City of all problems (inaudible) Smith: I think in that case I believe that gentleman already had a foundation constructed that was a problem. I don't know if that is appropriate but maybe Wayne could speak to that. Typically if all the utilities sign off on it as far as relinquishing it then everybody, someone along the line could say we can't relinquish this because we already have something there for example. I don't know I guess Wayne would have to address it. Tolsma: (Inaudible) Crookston: I have not seen this relinquishment idea done before, I think what this is its a vacation of a portion of the plat. Kingsford: Well, it is not a portion of the plat your are vacating an easement in the plat. The plat itself doesn't change except for the easement. Crookston: That is true but you actually vacate the easement portion of the plat. Kingsford: We have done that numerous times Wayne with regard to Fairview for example the portion where the car wash is and so forth. We have seen this a lot, it doesn't change Meridian City Council June 20, 1995 Page 31 the plat. Crookston: It does change the plat because the easement is removed from the plat. Morrow: A portion of the easement. Kingsford: It seems to me that the better approach would have been not to vacate 20 feet but to vacate 15 feet and put it in a more logical English language. Crookston: It is similar to where we vacated that irrigation easement for the property above over off of Overland above the rim it was not in the City it was in the County and he applied for a vacation of the easement, J think that is what these people want to do. Kingsford: There are no utilities built there and what is the disposition of that property, there is no building there either is that correct? Smith: I think that is where Zamzows built their, what do they call it, corporate office, I could be wrong. Crookston: If you don't vacate it from the plat and have the plat changed it will always show this easement on there. Smith: I think the plat will always show the easement but it will have an attachment to it. I am not sure, they don't physically change the plat Wayne I don't believe they just attach a recorded document that says that this easement has been vacated or changed. Tolsma: The building is already built and paved and asphalted and everything on this property. Smith: If that is the lot that I am thinking of Ron, then yes. Tolsma: Our well sits on Lot 4 doesn't it? Smith: That is the Eight Mile Lateral/ Kingsford: That is the ditch itself, that would be true then that would be the building that they have already completed. Morrow: Isn't this handled just as a recorded addendum to the plat and there is a notation on the plat. Smith: Yes I believe so. I know it would be handled that way if it was a vacation I am Meridian City Council June 20, 1995 Page 32 assuming that it would be recorded as a whatever the word relinquishment what significant that has technically. I guess if you relinquish something you give it up which is what they are asking us to do is to give up that easement right since it is a public utilities and drainage easement. That is the way it is called out on the plat. (Inaudible) Smith: It would have been a lot easier if they had said that you are right. Kingsford: Any other discussion? Is it the Council's desire to relinquish? I guess then to grant then to put that on the plat or record it, I think it has to be recorded with the plat unless you amend the plat it isn't going to change it. Crookston: There is a procedure that you have to follow to vacate any portion of the plat. This is shown, it is my understanding that this is shown on the plat as a utility easement. They need to follow that process, I think it may very well be that nobody cares, but I think they have to follow the process which is in the State code. Kingsford: Well, I would entertain a motion by Council to send it back to them and requesting them to do it that way. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to require the applicant to go through the proper procedure on that vacation and use better English as they do it, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the last item I have is on our Well lot No. 16 we received a letter from Mr. Thomas Wright and he has requested that the appropriate signatures be attached to a donee acknowledgement by a charitable organization. I will pass out a copy of this document. Mr. Wright said in his cover letter please find enclosed the original IRS form 8283 non-cash charitable contributions. Gemtone Inc, would ask if you could secure the appropriate signature on part iv donee acknowledgement. If you would then be good enough to return the form to us we will utilize it on our 1995 tax return. Thank you in advance for your cooperation, Thomas T. Wright. Kingsford: I would entertain a motion from the Council that they authorize me to sign that Meridian City Council June 20, 1995 Page 33 after the Counselor's review of that document. Crookston: Well the thing that concerns me is there is no dollar amount on it. Kingsford: That is one of the things I think we need to discuss with Tom Wright as far as having that filled out before we sign. I think if there is an assessed value out there I don't have an objection to that assessed value being on there. But an assessed value certainly ought to be present. Morrow: Mr. Mayor, I would move that we the City Council authorize the Mayor to sign and the City Clerk to attest to the once proper documentation has been been done for the donation from Gemtone Inc. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to sign and the City Clerk to attest the acknowledgement of donation from Gemtone Inc. once the appropriate documentation has been filled in, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you very much. Kingsford: Thank you Mr. Smith. Shari? Mr. Chairman good to see you over there. Chief? Gordon: Nothing your honor. Kingsford: Counselor? Crookston: Nothing Kingsford: Walter? Morrow: A couple deals, we have our strategic planning meeting next Tuesday, I'll remind everybody that the items there are the sewer department will make its presentation with respect to our fact finding as per the Council's instruction last month and the personnel manual. The department heads should have that all back so that those presentations can be made at that meeting and we can put that issue to rest. My second question is that when do we start our budgeting hearings, that is coming up in July is it not? Is that when we do the first ones? Meridian City Council June 20, 1995 Page 34 Kingsford: Well, we need to do it post haste, I would suggest that we look at budget workshops in the first part of July. Morrow: So we need to set those dates within the next couple of days then. Okay, the third thing is that I had a question in my mind in terms of item #5 on the agenda with respect to the Heaton thing. Once that documentation is signed off why can't the Mayor and City Clerk sign off, why does it need to come back before us as a City Council, just a question. I know that the findings called for that but is that really necessary? As I have thought it through in terms of things that we have just (inaudible) point of discussion, it doesn't matter to me. Kingsford: Does the Council have any feeling one way or another on that? That was a part of the decision required that issue come back and be approved by the Council. Morrow: That was on the Heaton variance. Tolsma; I think if all the documentation has come in and approved by the Attorney (inaudible) Corrie: Was this a time factor that you are concerned with? Morrow: No, my concern is why do we need to have something as simple as that before the Council and consume our time in a public meeting when it could be handled by staff in house and be on down the road. Corrie: The only thing that I would hesitate is if it is the Council's job then I hesitate to had it off to staff. Morrow: He provides the document, all he does is indemnify the City which is a simple legal document and the Council reviews it and the Mayor signs it. Kingsford: (Inaudible) you are going to look to him and ask him if that is adequate. I don't disagree (inaudible). If that is your druthers that I would like that motion made in this meeting so as you authorize me to sign and the City Clerk to attest to that after Counsel's review. Morrow: I will so move. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Mayor to sign and the City Clerk Meridian City Council June 20, 1995 Page 35 to attest the Heaton application after it has been reviewed the City Attorney, the hold harmless on liability issues, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Last item is I would like to welcome our City Clerk replacement and recognize that instead of having that insufferable candy we do have some real decent treats which is chocolate chip cookies. Kingsford: There is only one kind of cookie and that is chocolate chip I agree. Morrow: Any invite her back or tell Will to change his ways. Kingsford: I'm sorry gentlemen, were you prepared for something? (Inaudible) Kingsford: I guess this once I will allow that, normally we would ask you to please call in and get on the agenda so the Council is prepared. Wasson: First of alii think there probably ought to be cookies for the audience also. My name is John Wasson I live in the Vineyards Subdivision. Sometime in the late January, early February time frame we were talking about a zero lot variance of that property contiguous to the car wash and Maverick station at the corner of Cherry and Linder. My self and a number of our neighbors were there, we expressed our concerns and the Council listened to us. Did in fact grant that variance if I am correct. Crookston: Did not Wasson: That makes me feel better. Henceforth there has been a building constructed that is probably the most aesthetically displeasing building in Ada County that I have seen. Certainly in the City, myself and my neighbor here to get some input other than being told to take a negative "Z" access move we would like to know is there anything we can do since it is built in the vicinity of $120,000 to $170,000 homes so we are already established. The construction is along side of that building is aesthetically, not necessarily pleasing but it goes along with the subdivision and it looks nice. Then you have this God awful blue building that rises out of the middle of now where, Do we have any recourse, is it supposed to be aesthetically pleasing within the area that it is constructed within? Kingsford: It wasn't my recollection that there is a requirement for design review or any of that sort of thing. Counselor does he have remedy, I guess you always have remedy. Meridian City Council June 20, 1995 Page 36 Wasson: I will say that I don't think that I am the only one because when I spoke with Shari over there she said oh do you want to mention something about the lovely decor on that building. So that kind of tells me that more than one or two people have called. Kingsford: Is that building complete I guess is the question I have. Wasson: Yes it is your honor, not only is it large and blue it has got a number of roof mounted appliances, air conditioners and vents and whatever and what not. Kingsford: The reason I ask that question is I heard numerous people complain in a similar fashion about the building on Pine just before you get to the corner of Pine and Linder, Developmental, Marty Lanholm's building. After it was finished I mean just with some minor things it really doesn't look that bad. I haven't, very honestly I have not driven by it because of the beautiful nature of Cherry Lane. I have (inaudible) Wasson: We would be more than happy to have you up there and give you brownies while you look at it. (Inaudible) Kingsford: I don't know Counselor can you speak to the issue of recourse? Crookston: There is nothing in the City ordinances that require an owner to submit let's say aesthetic plans. How they are going to construct a building, they have to submit building plans but there is nothing that they have to show how they are going to paint it, how it necessarily is going to be designed other than on the building permit plans which are not approved by the Council it is approved by the Building Inspector. That is really, it can be a problem, there are houses that are pink or purple that people don't like but there is nothing that we can do. We don't have anything that says to tell people it has to be gray or brown, we don't have anything. Wasson: I understand that except I guess one of the reasons I was asking is because the housing development that we live in does have a number of covenants that specify and I know that is not inside of the subdivision boundaries. Kingsford: I would expect that little business area has covenants. And that might be one avenue for you to look at. Perhaps they are in violation of those and of course you wouldn't be able to enforce those it would be incumbent upon Maverick or the car wash or the others to be involved in that. Crookston: Or the owner of the property, the one who owns the remaining portion of the Meridian City Council June 20, 1995 Page 37 property could enforce those restrictions if they are in fact there. Wasson: I guess the other question would be is there anything we can do about having heavy equipment cranked up and starting to operate at 6:15 and 6:30 in the morning with concrete cutters going full bore at 07:00 exactly. Kingsford: You are talking about the contractor doing the Cherry Lane? Wasson: There was a concrete cutter 50 yards from my house going full bore at 07:00. now I understand from talking with Shari that she got a hold of Chief Gordon and that the quiet hours in town are from 23:00 to 06:00 which means I can go out there and raise 150 decibels of noise right in your front yard. Somehow that just doesn't seem proper. Corrie: This is part of the road construction? Wasson: I am not sure if it is all road or part of that Maverick construction Mr. Corrie. I believe that the concrete cutter is part of the Maverick construction, by they have been out there as late as midnight working on that building. Corrie: I would think that with the lateness there would be some remedy. Kingsford: Well yes if it falls in that frame of time. With regard to the Cherry Lane issue, we can maybe be of some assistance as with any of the streets in town but it would be as an advisory recommendation to the Highway District. Wasson: We don't mind the heavy equipment moving down Cherry because we are a 100 meters off Cherry, but when they are parking their heavy equipment and that lot and cranking it up at 6: 15 or 6:30 in the morning and letting those diesels warm up. I like a number of other homeowners have young children we really like to put to bed before 11 :30 at night and let them sleep longer than 06:00 in the morning. Morrow: I think we are caught here in a catch 22 situation let me address part of the Cherry Lane deal as the representative from here that deals with the highway department and how we go about those projects in Meridian. It has been our perception that those projects are very disruptive, the City Council and Mayor through myself many times have indicated to ACHD that we know those things are disruptive, it is our feeling as a Council and as a City that we get in and do the maximum amount of work, minimize the amount of time in terms of disruption and that your contracts and stuff are to be written with that in mind. We have just suffered through a major catastrophe with respect to contracts with Meridian Road and the rail road thing. A project that is very simple ends up taking almost 6 months, it is a prime example of prolonging the agony. It had a very detrimental effect Meridian City Council June 20, 1995 Page 38 on East 1 st to the point that we are some 21 ]000 cars plus. I am sympathetic with your problems, I understand your problems but from the community standpoint it is in our best interest to get in and get those projects done and get out so that we don't cause longer than necessary. It is one of those a little pain now some pleasure later. One of the issues that we raised with the award of this particular contract to the particular outfit that is doing it is we were a little concerned that they would take too long and push hard on the bottom end limits of the contract. It is beginning to look like they are going to actually complete ahead of schedule. Our encouragement from the City to ACHD has been to continue to press those folks for completion as quickly as possible. I understand what you are saying, I am sympathetic to the problem but it seems to me like it is in the community's best interest to get in and get the project done and get out. As opposed to having project after project take time after time. The other thing we did there as a City is that ACHD very much wanted to do those one mile sections at a time and disrupt that area for 2 years in a row. We delayed that project for one year so we did both miles at the same time so that it would only inconvenience you folks that live in the area one during one construction season. Although I am sympathetic to the issues that you are raising I think it is in our best interest to continue to push those folks to complete that work. It is going to be inconvenient for a short period of time but that is kind of the nature of getting things done. In our business in terms of the construction business quite candidly if you give somebody an excuse to go off and do work someplace else they are going in a heartbeat. The minute you take the pressure off then you begin to lose control. Wasson: And I can understand that, and I can accept that. My question or request to the Council would be whoever's equipment that is could you guys request that they park that closer to the road and away from the property line fence line so that it is not as disruptive at 6: 15 in the morning when they crank the big diesel over. Morrow: I can't address those issues, that is something we will have to look at. I don't know the specifics of where they are parking and on whose property. Kingsford: Would you check into that Walt and see if there is a possibility of changing that? Since our audience is limited, have one and take one for your friend. Corrie: (inaudible) that may relieve itself, I hope it does. I also hope that you don't have the problem that Dominos suddenly puts on polka dots on the side of that building. I understand where you are coming from. (Inaudible) Carleton: I just can't believe that the City of Meridian would allow construction of that type Meridian City Council June 20, 1995 Page 39 in an area where we have that expensive of homes. It is going to look like trash, you have the cheapest construction built, cinder block roof top units with a sloping roof with gas piping up the back. When you are looking out your back yard and you can see all this construction. When I bought that lot they lied to us and told us there wasn't going to be all of this, it would be professional looking buildings. I see it around other areas where they enclose all of those units with fences on tope of the roof and cover that stuff and at least paint them with a decor that is not. You just look at that, I am selling my house and getting out of there because the fact is I was lied to when I bought it and the construction type they told me they were going to build there is not adequate to what is going on around the whole area of Boise. You look in these other subdivisions where they have commercial property backing up to the commercial subdivisions it is (inaudible) not like these trashy, it looks like something on skid row in the future those buildings are going to look like trash. I am serious it is ugly for something out in Meridian like this. I am just astounded that it is allowed, I don't know how it ever goes passed. Kingsford: Like we said we don't have a design review ordinance and perhaps we should have. I certainly would visit with the developer and see if he doesn't have some architectural review on that in his covenants, because he is the same developer that developed your subdivision. Wasson: Do we have any idea Mr. Mayor what is going on further on down that property Shari? Stiles: We haven't seen any building plans or development plans at all come in yet. I did talk to the developer of that Dominos today and told him people were concerned about the aesthetics of it I guess it is in the eye of the beholder. Some people don't see that it clashes with the adjacent buildings. What I have been telling people that have called me since we don't have anything in our ordinance that can force them to at least just paint most of it white or something and leave a band. I had asked some of those property owners to get a petition together and present it to Dominos. The developer had indicated that this was the same color and same design that is in Nampa and Caldwell. The location may be more appropriate, another thing that is unfortunate about that when it was rezoned to C-N the developer of your subdivision owned it, but once he sold that he lost any control and didn't put any conditions on the sale and that is what happened. Corrie: That might be a factor because everybody in that whole area doesn't like it that means money to them. They are in the business to make money. Carleton: (Inaudible) it looks better than what is over there. Corrie: Like I say the dollar makes a big difference to those people and that whole section Meridian City Council June 20, 1995 Page 40 out there rebels against them they won't be there very long. Wasson: Thank you very much Mayor and Council. Morrow: I have one final item, Wayne and I talked earlier this week about some guidance from the Council with respect to the Impact Fee Ordinance stuff that he is reviewing. I guess it is kind of show up time because my conversation with him was that it doesn't make a lot of sense to construct up an ordinance if we don't have a sense of direction from the Council whether we are going to do all of it, none of it or part of it. What I would like to see happen is that we make a commitment whether we are going to do all of, part of it or none of it. Kingsford: Let's discuss that then Tuesday at our planning session and kick that around. I think that is a good idea let's have a sense of direction. Let's don't bother paying the money to frame it up if we are not going to run with it. And certainly if we don't then we all owe Mr. Corrie and his crew. Mr. Yerrington? Yerrington: Nothing Kingsford: Mr. Corrie? Corrie: Two things, Mr. Mayor, I have talked to the police chief and also the Commissioner, Bill Strobaugh who is with the Goldwing Touring Association the motorcycle group, they want to donate 50 to 150 teddy bears to the police department to give to children in homes that are having problems. Chief said he would be happy to do that and I think the Commissioner did too. They asked if they could drive their motorcycles up East First Street slowly or whatever it is to show what they were doing and I talked to the Chief and he said he didn't' think he had any problem with that as long as they stay within the speed limit and only one traffic light. They talked about a parade and he informed they needed to get a permit from Ada County and the City. So they would probably just go up the street and then go onto their department. I thought that was pretty nice that they would give it, he said they could do it with Boise but it is not big splash for 50 teddy bears to the police department there and this is some publicity for us. I have one other thing, Mr. Mayor, I would like to, we had a meeting with the golf course people, Wally and also the Presidents of the Mens Association and Womens Association yesterday. They made a suggestion that we have a public meeting to allow the people to voice concerns about the golf course and they all agreed that they would tell their people. So I would request that if the Council so approved that we could have it on the agenda or a special meeting or whatever the case may be. Have the City Clerk put it up and let the people have their say and see if there are any more problems that we can get taken care of at the golf course and get this nine holes put in. If you so agree Meridian City Council June 20, 1995 Page 41 Kingsford: I asked Bob to bring that up, he had said at that meeting that he thought it would be a good idea to have a second meeting and I think it is important that we structure the public notice in such a manner that it is positive rather than negative but that we want the input with regard to the expansion of the golf course. Morrow: Mr. Mayor what I would like to see with respect to that presentation is that I would like to see that presentation done in such a manner that we have some very rough schematics I would like to see the thing billed as a public hearing to review preliminary designs and operation of the golf course. I think since we all have voted and agreed to bring Patsy Fedrizzi on board with respect to additional fund raising that probably the vehicle or method that we get this is that we have Patsy make the presentation of what it is we plan to do and then invite public comment based on what it is we are doing and or operation or current operation or changes in mode of operation for the golf course in the future. Kingsford: Well, I think along the lines more of an informational and input type of a meeting. I think I would like to give just a little bit of history of where we are at and where we hope to go and Patsy likewise and input of concerns accolades and where the public feels we ought to be headed. Morrow: I think I would like to, we have great experience here in this Council with dealing with those issues with the presentation that ACHD has been making on the design of roads and I would say that it makes sense to follow that same format. That format that seems to work very well for them and I think that we can adapt that format to this issue. The same thing as you are saying. Kingsford: In an effort to not have this body meet forever and every night would it be the pleasure of the Council to perhaps have that meeting at 6:30 Tuesday next at our strategic planning session and follow at 7:30. Corrie: If they can be prepared that quick and I don't know if they can or not. Kingsford: Well I guess my concern about letting it go too far is we hope to have and there may be snafoos put on that we hope to have a kick off and ground breaking on July 11 th at the golf course. In visiting with Terry Sackman today a go/no go situation for the newsletter for next month would be next Friday. Some of that input I think might be vital to that along with some other things that I have some concerns about with the golf course too. I guess, we are at a stage at least in my perception where we need to be moving along at a fairly decent pace with that. Corrie: The ground breaking now, do we have all the proper, are we in line? Meridian City Council June 20, 1995 Page 42 Kingsford: That is one of the problems. Corrie: I am saying let's don't get too far in front of it but if we do this now then it is 2 months down the road we are going to get some more people coming in saying I didn't get a chance it was too fast. Kingsford: One of the parcels that we don't have and there are 2 we have before us there is some negotiation that needs to take place and I think it is appropriate that members of the Council that are interested, myself and the Attorney visit with Mr. Turnbull and Mr. Smith being involved on that early next week for that deed. The other deed is not as much concern to me I know that is going to happen I just have to strong arm him into doing it. There is some concern as you have indicated about that one. But all of those I would kind of like to put to bed so we have a go/no go for that meeting with Chamber of Commerce. Corrie: You don't anticipate any problems with Dave Turnbull? Kingsford: That is what I am saying, that is why I want to have a meeting. Corrie: Weill suppose if everybody gets the word I have no problem with the timing I guess. I just don't want this thing to start dragging out. Kingsford: I sensed Bob and correct me if I am wrong that you were going to try and put the bug on those people that at least have called you. Corrie: Oh, absolutely. Kingsford: And we publish our public notice and we maybe post that in the golf course as well as the 3 places we normally post that to would be adequate. Morrow: So 6:30 it is on Tuesday. Kingsford: Weill am asking you? Morrow: That is great for me. Yerrington: I don't care I won't be here. Corrie: Well, if they can get everything together and we feel the time. Kingsford: Who are you saying they? Meridian City Council June 20, 1995 Page 43 Corrie: The president's of the golf course, they say they want to meet with their people I don't know how often they have a meeting, if they have a meeting once a month how will they make sure all these people (End of Tape) Kingsford: The people that weren't there weren't represented last meeting, Le. the people that had been in contact with you. I don't think there is any problem with the men's and women's club, we can post that in the club house, the bulk of those people play regularly. And word of mouth, I think you are going to see. Corrie: I know that the 2 presidents wanted to notify their people and so if they can do that within that time frame I have no problem. I guess the assumption is that we will do it Tuesday then. (Inaudible) Crookston: The ladies association meets, if they do meet, they meet on this coming Tuesday. Kingsford: Well the men's association typically they don't meet but they have play on both Thursday and Saturday. So if that were posted in the club house. Corrie: We have no other legal requirements for this? Kingsford: If you have a public meeting you have to post it at least 48 hours in advance and in 3 public places. We typically do City Hall and the Library and the Post Office. I think it would be very appropriate in this case to post it at the club house. Crookston: I would say, I wouldn't not post at the 3 places that we regularly post. Kingsford: Post those 3 places and, very definitely. Would you make up that public notice and see that we get that posted I guess prior to Thursday if we could. Crookston: So we are talking about 6:30? Kingsford: 6:30 to 7:30 Tuesday next. Crookston: The 27th? Kingsford: That is true. Crookston: I was just thinking, I have a ice skating deal that I am supposed to be at on the Meridian City Council June 20, 1995 Page 44 27th. Corrie: Uh-oh, is that the ice thing, Kingsford: Dedication and priorities you guys. The Council did designate the 4th Tuesday again that is up to you guys, Crookston: I just raise that because I (inaudible). Kingsford: Certainly, that might conflict with the people that are going to be here (inaudible) to some extent. Crookston: You have no idea about that. Kingsford: Might I said, I definitely have an idea that it might, don't tell me what I might. Yerrington: Would it be possible to do it before a Council meeting of the 5th of next month or is that too close to your ground breaking? Kingsford: I guess the problem is it takes it by that time that I say hey we are not going to have the ground breaking on the 11 th and have it in the Chamber newsletter. Morrow: I think part of the deal here is that we press on, we have a problem we need to get is solved, let's get on down the road and get it solved. I want to see us hit the schedules as need be. So, Tuesday is the day, Tuesday is the day. Crookston: I will just say this, it is not in any fashion should my schedule be of concern, if that is when you have it I will work around it. Kingsford: Well, we have made a lot tougher decisions can we come up with this one. Morrow: As far as I am concerned it is Tuesday. Kingsford: Max you are not going to be there, Bob you are vacillating, Ron what do you want to do? Tolsma: It doesn't make any difference to me. Kingsford: Bob? Well, in so far as that goes here is the issue, we don't have to have a quorum at that meeting, we don't make any decisions anyway. It is strategic planning, the sewer department has a beautiful presentation to make, I certainly hope that you all or Meridian City Council June 20, 1995 Page 45 most of you could be there, (Inaudible) Kingsford: Okay, Tuesday. Do you have anything else Bob? Ron? Thanks for all you have done for us Anna, I appreciate that. I entertain the infamous motion. Tolsma: I believe we need to give her a round of ovation for the chocolate chip cookies. Kingsford: Is there a motion to adjourn? Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~J ~~}~ -- NT P. KING FO D~ 0 ATTEST: J44~P~,g WILLIAM G. BERG, JR., ITY LERK MERIDIAN CITY COUNCIL MEETING: APPLICANT REQUEST; DEPARTMENT REPORTS JUNE 20.1995 ITEM NUMBER; 15 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS VV~.LO/i:J.j) .l-...J~I'..I U~VO ..J'iil I ,,;)V t1.v!llJ If!:J VV.LI VV': JAMES E. BRUCE. President SHERRY R. HUBER. Vice President SUSAN S. EASTlAKE, Secretary June 16, 1995 Mr. Gary Smith City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RECEIVED JUN 1 6 1995 RE: CHERRY LANE, LINDER TO BLACK CAT ACHD PROJECT #52058,0 MERIDIAN CITY ENGINEER SUBJECT: VARIANCE TO PLACE FENCE Dear Gary: please consider this as application from Ada County Highway District to the Meridian City Council for permission to erect a six foot (6') tall wood fence at the back of the concrete sidewalk along the north side of Cherry Lane. The fence would be located upon Public Right-of Way fronting the back lot lines of the following residential property within the sunny Brook Farms No. 1 Subdivision: 1153 Haley Court 2575 Rebecca Way 2567 Rebecca Way 2561 Rebecca Way 2541 Rebecca Way 2511 Rebecca Way The property Owners have entered into a lILicense Agreement" with ACHD to place and maintain their fences upon the Public Right-of way at the back of sidewalk. ACHD has the responsibility co remove and replace the existing property fences affected by the reconstruction activities along Cherry Lane and in compliance with the terms of Easement Agreements negotiated with the adjacent property owners. The fences were to have been re-installed on the property lines behind the new sidewalk construction. However, this would have placed the fences approximately 3 to 5 feet behind the sidewalk on a embankment fill slope. The fence placement back of and below the sidewalk location would have jeopardized the privacy of the residential back yards along this stretch of Cherry Lane, In addition, the maintenance of a ada county highway district 318 East 37th" Boise. Idaho 83714 .. Phone (208) 3.15-7680 JUN 16 '95 13:18 21218 345 765121 PAGE.01 vv... J..v...;:,.".,) ....u+L.'O u ,,"uo o)':t,fJ I V....U .n.-""u,v I.t!:J VV,,"I VV.c., June 16, 1995 Cherry Lane Fence Variance Continued page 2. strip of ground that will eventually be filled with weeds between the sidewalk and fence is not desirable. Therefore the adjacent property owners petitioned the District for License Agreements to encroach upon the Public Right-of-Way by having their fences placed at the top of the fill slope at the back of sidewalk. As part of this application, the District also requests that Article G.~.f and G.l.h to Meridian City Ordinance 9-807 be waived. In advance, thank you for you cooperation in resolving this matter. Sincerely, ADA COUNTY HIGHWAY DISTRICT Services Supervisor CHRON Central Files L. Kent Brown Dorrell Hansen Scott Chambers Jerry Nyman JUN 16 '95 13:18 208 345 7650 PAGE. 02 \ ~I 1(./C- I~ u- 26 9S- Roylance & Associates P.A. EngIneers 0 Surveyors 0 Landplanners 4619 Emerald. Suite 0-2, Boise. Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 June 14, 1995 Project No. 1544 TCI U.S. West Communications Idaho Power Intermountain Gas Company City of Meridian Department of Public Works R.T. Nahas Co. ofIdaho is requesting a change in the existing twenty-foot (20') utility and drainage easement, situated in Lot 5, Block 1 of Central Valley Corporate Park No.1 (a recorded subdivision on file in Book 57 of plats, at Pages 5332 and 5333, records of Ada County, Idaho). A note on the plat creates a twenty-foot (20') easement for drainage and utilities on the north and a twenty-foot (20') easement for drainage and utilities on the west of Lot 5, Block 1. This document will relinquish the twenty-foot (20') easement on the north of Lot 5, Block 1 and create a new ten-foot (10') easement along the north line of Lot 5, Block 1. This document will relinquish the twenty-foot (20') easement along the west line of Lot 5, Block 1 and create a new five-foot (5') easement along the west line of Lot 5, Block 1. Name Date Company Name State of County of ) )SS On this day of , in the year of . before me, the undersigned Notary Public in and for said State, personally appeared . known or identified to me, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same on behalf of said corporation. IN WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Residing at My commission expires c:\wordtext\l S44\easement.S06 '?- 2: ~ ~ ~ 'C( o Cl ')r- --a -J ~ -J ~ ~ a1 III '"-'l - a: L.I.J :E I.U (J) ....... o CO ... u.i ..,.... 0: "" :z: C'l') ....: "" co ,.... <: o ~ o lU CI) IJ... o ~ """" .-. U) ~ lU ~ <: ........ Q ~ q: o o -J [''''' o . ~ o. N 0 :t f(( Q ........ >= i-- <: :::> 0 (.) ~ Q) to f(( Q) <:~ .,.... S Q ........ a: Lu :! LI- 0 ). ...... ........ (J < :::! <( I- UJ o w w en 3^U:l0 01:1031 Vti.l.. S 'S .tto'aL9 ,00'09<: ,00'99<: o QI co (l') Go N t? co -I . "o'on ~ .9t ,9l00 S\=- u1 ~I~ _~~ ~ NJ e ~: ! ~L - -- ,eO'09(: ~ No .9t.Z" c.j "It 0 0 s: 10 oe 08 b b.. @ C?IO LlJ% 0 ' N (DC? .,.W .0 co .....~ Cl Z ~Cl') .., ....,~ Co N Q.,Z in ..: <:z .., :::>~ 10 co ....0 N ... - Of 110 <<1/ e ~ N 10 /~9....,~ . - ...; IX! /" 'm~ ~ N -- /~.~"\\ ,OO'09l N -- . /" M .9"'.9<:00 S ,~ co s: N (') N CD N ... (0 ,<:0'09 t ... .9",9toO S~ C,) @~ ~ ..... ~ -~ --:;VM31.;'- - - -.OO~Ol- 31lVUHOl3 3 .to. t"O N ~llD ct U, j-.. ,.. ('II ... ,.. ei . CO) fl) 10 ~ @ ow ~~ ,l:0'C9t; ,,&9,i<:,p S co N . ...; e-.. co ...; ... ..:Iw "',> ,...,- la:: 10. w co w"" .. \..- . coo<"" N * . a: ,... c.) ;, 0 10 CDqQ. .. l>> a: 100 Zu w o(i5 l.U~ I-w I- ! ~~ -.I> Cl..~ <= z ~~ '-" ,9 L'QL" M .9C,Z"oO S a~ ~s: ~y ,-, w s: . III - 3 .99.H ,0 N ,OO'09l: .c... _Of 00 O~ t;l')0') .., :: ~~ N' ,C? ~ tl'iN co ,00'09<: Z 3 AII:IQ 3.1.. V!:IOc: '---:-O"'Z99-ij ,g,,'SGg <3 C\4 ~ U o ...J a:J lID ... I U W . ,... o . ... N .... to II) / AMENDED ORDINANCE NO. 639 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, 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 annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: 9 5 0 Ll 6 9 CJ 2 I.C.' :, ,.L'U( A tract of land situated in the Southeast 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: (1;1"" :.' 'cL<-~ J05 J,/t.~: r'- ,~,. 'Iitffl ,: J - f ,.t. _.__ REG.;;'. Commencing at a found steel pin monumenting the southeast corner of said Section 19, thence along the easterly line of said Section 19, said easterly line also being the centerline of Locust Grove Road, North 000-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northeast corner of the utheast 1/4 of said Section 19, said square bar being the POINT OF BEGINNING. . . , ,. .' .,~ ~) Thence continuing along said easterly line South 000- 44'-49" West a distance of 1007.41 feet to a point, Thence leaving said easterly line North 890-15'-11" West a distance of 45.00 feet to a set steel pin, Thence North 410-24'-50" West a distance of 33.87 feet to a set steel pin, Thence northwesterly along the arc of a circular curve to the right, a distance of 103.92 feet, said curve having a radius of 50.00 feet, a central angle of 1190- 05'-07", a chord bearing North 710-52'-16" West, and a chord distance of 86.20 feet to a set steel pin, Thence northwesterly along the arc of a circular curve to the left, a distance of 15.07 feet, said curve having a radius of 20.00 feet, a central angle of 430-10'-19", AMENDED ANNEXATION ORDINANCE - SALMON RAPIDS Page 1 a chord bearing North 330-54'-52" West, and a chord distance of 14.72 feet to a set steel pin, Thence South 580-34'-38" West a distance of 152.73 feet to a point on the centerline of Eight Mile Lateral, Thence along said centerline North 380-29'-53" West a distance of 340.81 feet to a point, Thence leaving said centerline South 510-30'-00" West a distance of 203.05 feet to a set steel pin, Thence North 380-30'-13" West a distance of 35.84 feet to a set steel pin, Thence South 510-30'-00" West a distance of 124.86 feet to a set steel pin, Thence North 380-30'-00" West a distance of 160.00 feet to a set steel pin, Thence South 830-43'-00" West a distance of 91.41 feet to a set steel pin, Thence South 760-55'-00" West a distance of 179.42 feet to a set steel pin, Thence South 890-42'-00" West a distance of 166.27 feet to a set steel pin, Thence North 000-29'-41" East (formerly North 000-27'- 52" East) a distance of 852.93 feet to a set steel pin on the northerly line of said Southeast 1/4, Thence along said northerly line North 890-47'-50" East a distance of 1316.22 feet to the POINT OF BEGINNING. 1S hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. AMENDED ANNEXATION ORDINANCE - SALMON RAPIDS Page 2 b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 Land 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. 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 Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended 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 20~day of June, 1995. APPROVED: ~{?~ MAYOR -- GRANT P. KINGSFO AMENDED ANNEXATION ORDINANCE - SALMON RAPIDS Page 3 ATTEST: ,,\ \llt t! If tll/II \\\ 'C ~ ft~"" "1 "".J 0, ft'lotlD: 1,// ~,,~\ -~~...~ ~ (J Os.PO!i',,~ 1: '.'J; ~ ~ ...~~0 ,~ -; ~ ~ v ~ = ~ J~~~~ WILLIAM G. BERG, JR -- CITY CLERK STATE OF IDAHO,) iI:!'WrAl ~..:l.:h....j _ :: 1(:., 6':: ~ - ~Ocl . "cs 0 ~ ~ .."', 'Sr -j"'\" ~ ~ ,. v.. .0 ~ "~-'" 'l ~y ---- X.....::- 'l C \\) ,'- /,/ OU"-lT'< '> ....'.,. /1111 1- """ 1/11I1I111ll\\\\ ss. County of Ada, ) I, WILLIAM G. BERG, JR., 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 Amended Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. "; pas sed as Amended Ordinance No. 639 , by the City Council and Mayor of the City of Meridian, on the Zo -r.!::. day of June, 1995, as the same appears in my office. ,\ \ \ In 1111/1// / II ,II I~ RA~f!I9r. fOlD ,,;;-rt- day , ~ . w~,.. _$' (j O~POH4i' 'V ~ ~ o-Y ~^ ~ ........., i..I"- f ~ ~ - - - - - ~ = ~ ~~ oc;'J ~ ~ '1.: ot."" "",., 0 ~ ~ :0 ,.....~r 1S\' ..:t!- $' ~. ':r'/ "--~^ 'i' ~ STATE "''01<' (,tpZ\.llQ{, ,)'\V"...,\:o 1';/11 ,.it", . \\\ l/fUlfll nl\\\~\ s s . County of Ada, ) Jl.I."'-e.. I'll!( S- On this .,2 7f'"\.day of April, l-9-9"4', before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. of June, 1995. ~t&~~~/~ City Clerk, City f eridian Ada County, Idaho 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 ,,~9IHU',I, .....\..C.. 'E. L. at"" .... ,,) 00...... -1..... .... ~ '!Pe" ~~" Ul'.. ~_ " "II _n-:'- .. .. I' "v. .. ~.., 0 01 A f? 1_" :. ~ 2~ y 'f. :. ~ '1, $ ~ :.: ~,., '. f', * *" :: .. ~ , r- i:. It-... ~: ..:;l f --:;.... c...... . (.~. ~.)t~.< "'" II <~;:, ....~ ....vI". ""_,,,~., '~#;,~.... """,,4Ff Of \~:,~~.." 4I"'IIIUU.'" Idaho OY/J2/QQ I AMENDED ANNEXATION ORDINANCE - SALMON RAPIDS Page 4 AMENDED ORDINANCE NO. 640 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci ty Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is I described in Section l/below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: q l~ (lJ ~l! , " 1 ~ ..: 0 :J f J " A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: ~- ~}r..'. I Commencing at a found steel pin monumenting the southwest a;'()iS~ ' '- corner of said Section 20, thence along the westerly line ~g~~'~~~Af' of said Section 20, said westerly line also being the Ci1.{ ~:a r~~""-" centerline of Locust Grove Road, North 000-44 '-49" East 5 111i ',: '~' 2u a distance of 2654.68 feet to a found 1" square bar ~~'/~j;~ ' ",' I monumenting the northwest corner of the Southwest 1/4 of f~/-- &4~id Section 20, thence continuing along said westerly ;;;:-::. ':-;;-T-O; line South 000-44' -49" West a distance of 247.50 feet to v (, . ~ I a point, said point being the POINT OF BEGINNING. Thence leaving said westerly line North 890-57'-31" East a distance of 264.15 feet to a set steel pin, Thence North 000-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 890-55'-41" East a distance of 1321.93 feet to a set steel pin, Thence ]eaving said northerly line South 000-05'-00" East a distance of 163.44 feet to a set steel pin, Thence South 890-55'-00" West a distance of 15.38 feet to a set steel pin, Thence South 010-16'-00" West a distance of 131.60 feet to a set steel pin, AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 1 Thence South 890-55'-00" West a distance of 16.25 feet to a set steel pin, Thence South 000-04'-00" East a distance of 163.53 feet to a set steel pin, Thence South 890-55'-00" West a distance of 46.28 feet to a set steel pin, Thence South 000-04'-00" East a distance of 136.11 feet to a set steel pin, Thence South 890-37'-00" West a distance of 8.52 feet to a set steel pin, Thence South 000-04'-00" East a distance of 124.60 feet to a set steel pin, Thence North 890-12'-00" East a distance of 5.15 feet to a set steel pin, Thence South 000-04'-00" East a distance of 167.59 feet to a set steel pin, Thence North 890-56'-41" West (formerly North 890-57'-08" West) a distance of 479.98 feet to a found steel pin, Thence North 290-01' -26" West (formerly North 290-46' West) a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly line North 890-58'-11" West (formerly North 890-49'-3911 West) a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 000-44' -49J1 East (formerly North) a distance of 200.00 feet to a set steel pln, Thence North 890-15'-11J1 West a distance of 242.78 feet to a point on the westerly line of said Section 20, Thence along said westerly line North 000-44'-49" East a distance of 213.13 feet to the POINT OF BEGINNING. lS hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 2 Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 Land 11-2-417 D; that the development agreement shall address the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. The requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. 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 Amended Ordinance. AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 3 Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended 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 20~day of June, 1995. APPROVED: STATE OF IDAHO,) =zij~NTeK~-I ,\,,\\1111111111/ \\\' - ~~;- 11/ ,-,\\_~ Or- tiM:Jl/f) II}}" ,:- /" -- ~,y '/ ,$" 0"'" .r(;'i'\POi1'-1)':; '1-"~ f (~~V (:-a \ :;: 1.1\ \ :: ::: SE~ .1".::: ~ 7. &! 2 ~ vQ MC') ~ .~ % 1'A '~6'11Si ' ,}? f ,. VA __ ~" " 'l,t '0' -- {.)' .";:0' 'III COUNT'! ' . \\", Illf .,\,\ 1/11I/1I11l111" ATTEST: S5. County of Ada, ) I, WILLIAM BERG, 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S 1/2 N 1/2 SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE", passed as Amended Ordinance No. 640 , by the City Council and Mayor of the City of Meridian, on the 2D~ day of June, 1995, as the same appears in my office. ?7DATED tJf:~ft 27f!J;, day of June, 1995. ~,.. \\\\"'.,... Md:"~ ,> " ,"';..-\ or .. '-i"ltDI. ////,00 ~'8' oy.POR~ l'" '-11.. "% "\/ - "A ~ ~ ~ ~.p ~b ~ ~~~~ fj ~ ; ci.ty Clerk: City ot/'M ridian SE1\.L - Ada County, Idaho ~ ~~ 6' s ~ ~<;h ,Qi 0 ~ ~ df'Jl V,/~n ....r' "':::: ~ f",f''') ,vQT 15\. . ...~ ~ ~... "':'...f ""------ ......~:-,.;: "/ 'C" "\1" ... ";"t "'aUNT'!', .,,'.' II}) · ,,",.\' '11JHH, q,n. AMENDED ANNEXATION ORDINANCE - LOS ALAMITOS Page 4 STATE OF IDAHO,) ss. County of Ada, On this ~7th day of June, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. 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..,.::".,~.. . ~ :;",,'" !tll"nnn"" ~ ",'?'I;9r"\{J E. L . ;""" ....~ ~ w"".... ..~ ~ /'J ~~ 0; ~ _ s"" SEAL i'>I_..OTAI? \(Jl~ No:;,-( y Publlc for Idaho : I ~ ~ ~ ~ es'ding at Meridian, Idaho ::... ~ J'O C 0 -d..: (/ UJli1ttf/:;:;.;O.... eKr?;re.::. Og/O~/1o/ ~ <:> US\.\ ~f / I , , -;. ..r~ ..~ ........ 411> tI",.... .....', 'l OF \1\)1"'....,.. 4" "" "'I$nuI" AMENDED ANNEXATIO~ ORDINANCE - LOS ALAMITOS Page 5