HomeMy WebLinkAbout1992 01-07
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A G E N D A
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
OLD BUSINESS:
ITEM: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 17,
1991: (APPROVED)
1: FINDINGS OF FACT ON VARIANCE REQUEST BY DAVIDSON,
PRESSURIZED IRRIGATION: (APPROVED)
2: VARIANCE REQUEST BY SENIOR CITIZENS: TABLED AT
PRIOR MEETING: (DROPPED - NO LONGER WISH VARIANCE)
3: ORDINANCE #566: ORDINANCE REZONING PROPERTY AT
1233 N. MERIDIAN ST.: (APPROVED)
4: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED
HOME AT 318 EAST PINE, TABLED AT DECEMBER 17, 1991
MEETING: (APPROVED)
5: APPROVE THE BILLS: (APPROVED)
NEW BUSINESS:
1: SWEAR IN NEWLY ELECTED OFFICIALS: (COMPLETED)
2: ELECT COUNCIL PRESIDENT: (TOLSMA - APPROVED)
3: FINAL PLAT ON FENWAY PARK SUBDIVISION: (APPROVED)
4: COVENANTS ON FENWAY PARK SUBDIVISION PHASE #1:
(APPROVED)
5: FINAL PLAT ON DANBURY FAIR SUBDIVISION PHASE #1:
(APPROVED)
b: COVENANTS ON DANBURY FAIR SUBDIVISION: {APPROVED)
7: PUBLIC HEARING: REZONE REQUEST BY SELLS, PATCH &
GIBSON: (APPROVED)
8: PUBLIC HEARING: ANNEXATION & REZONING REQUEST
W/PRELIMINARY PLAT & VARIANCE FOR CORDON & PEGGY
WOOD: (APPROVED)
9: PRE-TERMINATION HEARING: WATER/SEWER/TRASH
DELINQUENCIES: {APPROVED)
10: DEPARTMENT REPORTS:
i
MERIDIAN CITY COUNCIL JANUARY 7 1992
The Regular Meeting of the Meridian City Council was called to
order by Mayor Grant Kingsford at 7:30 P: M..
Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max
Yerrington:
Others Present: Arlene Bodine, Marvin Bodine, Don Bryan,
Florence Hall, Art Hall, Lee Sells, Gloria Sells, Valerie
Davidson, Frank Thomason, Mr. & Mrs. J. R. Headriele, Jerry
Iverson, Kevin Jones, Dennis M. Baker, Stephen Sanor, Darwin &
Faye Buchanan, Jeri Corrie, A. Helen Sharpe, Dan Wood, Gary Lee,
Gary Smith, Bill Gordon, Wayne Crookston, Jim Johnson,
MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 17, 1991:
The Motion was made by Tolsma and seconded by Yerrington to
approve the minutes of the previous meeting as written.
Motion Carried: All Yea:
OLD BUSINESS:
ITEM #1: FINDINGS OF FACT ON VARIANCE REQUEST BY DAVIDSON,
PRESSURIZED IRRIGATION:
The Motion was made by Giesler and seconded by Yerrington to the
Findings as prepared on the pressurized irrigation.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Giesler to approve
the Variance.
Motion Carried: All Yea:
ITEM #2: VARIANCE REQUEST BY SENIOR CITIZENS: TABLED AT PRIOR
MEETING:
The Motion was made by Myers and seconded by Tolsma to drop the
variance request by the Senior Center.
Motion Carried: All Yea:
•
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 2
ITEM #3: ORDINANCE #566: ORDINANCE REZONING PROPERTY AT 1233 N.
MERIDIAN ST.:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND
CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF
MERIDIAN WHICH IS DESCRIBED AS LOT 4, BLOCK 2, NIDDAYS 2ND
ADDITION, MERIDIAN, ADA COUNTY, STATE OF IDAHO: AND PROVIDING AN
EFFECTIVE DATE. Is there anyone present who wishes Ordinance #566
read in its entirety? No response.
The Motion was made by Giesler and seconded by Myers that the rules
and provisions of 50-902 and all rules and provisions requiring
that Ordinances be read on three different days be dispensed with
and that Ordinance #566 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Myers - Yea;
Motion Carried: All Yea:
ITEM #4: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOME AT
318 EAST PINE, TABLED AT DECEMBER 17, 1991 MEETING:
Kingsford: I received a letter dated December 31st from Department
of Labor and Industrial Services, it shows what they use and so
forth to give to our Building Department.
The Motion was made by Myers and seconded by Yerrington to approve
of this request.
Motion Carried: All Yea:
ITEM #5: APPROVE THE BILLS:
The Motion was made by Myers and seconded by Tolsma to approve the
bills.
Motion Carried: All Yea:
NEW BUSINESS:
Kingsford: Presented Councilman Myers with a plaque from the City
of Meridian for his service.
ITEM #1: SWEAR IN NEWLY ELECTED OFFICIALS:
Clerk Niemann: Read oath to newly Elected Officials. (Mayor
Kingsford, Max Yerrington, Bob Corrie)
•
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 3
ITEM #2: ELECT COUNCIL PRESIDENT:
The Motion was made by Giesler and seconded by Yerrington to elect
Ron Tolsma as Council President:
Motion Carried: All Yea:
Kingsford: Next is to reappointment all the Department Heads -
Chief of Police, City Clerk, Treasurer, City Engineer, City
Attorney for another year with the approval of the Council.
The Motion was made by Giesler and seconded by Tolsma to approve
the appointment of the Department Heads.
Motion Carried: All Yea:
Kingsford: The next item - we have a Commissioner who's term has
expired and he has agreed to serve again. Charlie Rountree's term
on Planning & Zoning has expired and I'd like to reappoint him for
a six year term.
The Motion was made by Tolsma and seconded by Giesler to approve of
Charlie Rountree for another six year term.
Motion Carried: All Yea:
ITEM #3: FINAL PLAT ON FENWAY PARK SUBDIVISION:
Giesler: I'd like to ask if there is anyone present from Crestwood
Home Owner's Association or if they were invited?
Tolsma: I'm sure Bob is concerned about the R.V. lot and the
tennis court.
Jerry Iverson, I'm here representing the subdivision
owner/developer Bill Buckner. In reference to the R.V. Parking and
park facility for Crestwood Estates Subdivision Homeowners
Association, we have entered into a purchase agreement with T & R
Development and the Homeowners setting aside the ground that we
have designated for that facility. We are just waiting on them to
decide on what they are going to build there. They are on hold
until Spring or summer because of weather.
Giesler: I would like the Counselor's guidance, I just want to
make sure that we are covered on these items for the homeowners
that are already in there. What recommendation do you have? The
actual application I don't have a problem with but I just want to
make sure we are covered.
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MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 4
Kingsford: We did receive a letter that was signed by the
Homeowners President, it was not signed by the Secretary. Does
that constitute a problem?
Crookston: It doesn't, the President represents the Association,
he had the authority to commit the association. It's certainly
more technical if it is attested by the Secretary. Is your
purchase agreement, is that notarized? Is it something that can be
recorded so that it acts as a lien on the property?
Iverson: We could do that.
Crookston: As I understand it you are the seller of the property
to them?
Iverson: Mr. Buckner is. We are moving the R.V. site to another
parcel and we've entered into an agreement with T & R Construction
for the purchase of that property from Mr. Buckner on behalf of the
homeowners. Then T & R will be putting in the improvements, the
development and then deeding the property to the homeowners
association.
Crookston: I think it would be appropriate to have something
recorded so that that property is encumbered with that agreement.
Iverson: That would be fine.
Crookston: You could do a memorandum of purchase and have that
recorded.
Iverson: Whatever you would like.
The Motion was made by Tolsma and seconded by Yerrington to approve
the Final Plat on Fenway Park Subdivision providing we get a
recordable memorandum for the R.V. lot or tennis court.
Motion Carried: All Yea:
ITEM #4: COVENANTS ON FENWAY PARK SUBDIVISION:
The Motion was made by Giesler and seconded by Yerrington to
approve the Covenants conditioned upon City Attorney and City
Engineer approval.
Motion Carried: All Yea:
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MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 5
ITEM #5: FINAL PLAT ON DANBURY FAIR SUBDIVISION PHASE I:
Giesler: The Engineer had a number of remarks have those been
taken care of?
Don Hubble, I have reviewed the comments and we have no problems
with any of those. We would like to bring up a request for a
variance too at this time in regards to your Ordinance. We would
ask your permission to do a funding in lieu of installation in
accordance with how we think this Ordinance reads. It allows for
that option with your permission.
Kingsford: We probably should have a delegate or two from the
Council to work with the Engineer on establishing a lot fee or a
square footage on a lot fee for that. Perhaps Ron and Max can work
with the Engineer.
The Motion was made by Tolsma and seconded by Giesler to approve
the Final Plat for Danbury Fair Subdivision #1 with a waiver
conditioned upon a satisfactory fee being approved or going back to
the pressurized system.
Motion Carried: All Yea:
ITEM #6: COVENANTS ON DANBURY FAIR SUBDIVISION:
The Motion was made by Tolsma and seconded by Corrie to approve the
covenants for Danbury Fair Subdivision subject to City Attorney's
review.
Motion Carried: All Yea:
ITEM #7: PUBLIC HEARING: REZONE REQUEST BY SELLS, PATCH & GIBBON:
Kingsford: At this time I will open the Public Hearing on this
issue. Is there a representative present to come forward and
testify?
Yerrington: I will be stepping down at this time, I have a
conflict of interest because I live within 300' of this request.
Lee Sells, 1323 E. 1st, was sworn by the attorney.
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 6
•
Sells: Margaret Patch, Helen Gibson and myself are requesting
rezoning to commercial basically to keep up with the development in
the East First Street sections in Meridian. It looks like
eventually it will all be commercial and we felt it was time we got
our approval.
Tolsma: There was a comment by the Engineer about the sewer.
Sells: The access to our sewer line is on our west side, the sewer
line itself is not on our property. At the present time nothing is
changing.
Kingsford: Anyone else to testify on this issue? Seeing none I
will close the Public Hearing.
The Motion was made by Tolsma and seconded by Giesler to approve
the Findings of Fact and Conclusions of Law on the rezone request
by Sells, Patch and Gibson.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Corrie to have the
attorney draw up the rezone ordinance.
Motion Carried: All Yea:
ITEM #8: PUBLIC HEARING: ANNEXATION & ZONING WITH PRELIMINARY
PLAT & VARIANCE FOR GORDON & PEGGY WOOD:
Kingsford: At this time I will open the Public Hearing.
Helen Sharpe, 2445 Wingate Lane, was sworn by the attorney.
Sharpe: This is right next to our property. We moved here in
Meridian in 1968 and were rejoicing with the wonderful environment
and we see that changing very rapidly because of the fast growth.
My concern is rather than doing so much planning to zone - that we
do more planning with Meridian. Voiced concerns about low income
housing, traffic and schools. (Further explanation - see tape)
Kingsford: Anyone else to testify?
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MERIDIAN CITY COUNCIL
JANUARY 7, 1991
PAGE 7
Don Bryan, 2070 N. Locust Grove Rd., was sworn by the attorney.
Bryan: I am here tonight to voice my opinion on the proposed
development, which is Kearney Meadows. There are several issues
that I feel need addressed if we are going to plan for a positive
future of growth in Meridian Impact Area. Number one is the
problems that already exist with the drainage system with some of
the previous developments. I'm sure that you all know that my yard
and basement was flooded last June because of the modifications to
the drainage system in the new Mirage Meadows Subdivision which is
southwest and downstream from the proposed development. Why not
take care of the existing problems at hand before adding to them.
The Planning and Zoning Commission tells me that all future
developments will retain storm water on site. Does that alleviate
the present flooding problem or does that ignore it in hopes it
might just go away. This is a serious problem and the only person
the flooding problem is affecting is myself. It makes me wonder if
I forget about it so will everybody else. Then there will no
longer be a flooding problem. However I'm not going to rest until
the situation is corrected. I think it is time we as concerned
citizens of the City of Meridian start planning for the future with
a little more communication between the Planning and Zoning
Commission and the City Council. I approached the City Council to
see what could be done about my flooding problems due to the new
subdivision that was put in my back yard. A lot of you looked into
the situation and I appreciate that concern, however I have seen no
resolution to the problem. I again expressed my concern to the
Planning & Zoning about this new development being approved. I
asked the Commissioner's if anything had been done with the
flooding problem, they didn't even know about a flooding problem.
How can the Planning & Zoning people plan for the future of
Meridian with this example of communication? Problem number two is
traffic congestion. The immediate area surrounding this proposed
development has had a great impact with traffic congestion. Listed
the new subdivisions that are all impacting on Locust Grove Road.
(Further statement on tape)
Tolsma: When they built that road, or made the agreements with the
road, was that ever brought up at the Planning & Zoning about who
was going to do that?
Bryan: I purchased the property from the developer, he had a
twelve acre site, I purchased two acres and he developed the ten
behind me. When we purchased the house and our lot he showed me a
plot plan which I don't know if it was approved or not approved,
and he promised all this stuff that he was going to do like the
fence and the berm, nice landscaping, etc. and I believed him. It
didn't happen because when he went through approval through
Planning & Zoning and City Council it was all changed.
MERIDIAN CITY COUNCIL
JANUARY 8, 1992
PAGE 8
Tolsma: But if that wasn't brought up or nobody agreed to it or you
wasn't here to make sure it was put in the minutes of the meeting
and there is nothing written down on paper.
Bryan: See I didn't know that at the time.
Kingsford: After that meeting after the flooding incident, I think
the ACHD, NMID and Gary was out there, what was the end result of
that meeting? The Council was very adamant that that be remedied.
It was my understanding that that had been taken care of.
Bryan: They haven't done anything, the only thing they have done
is improved the drainage between Mirage Meadows Subdivision and
Chateau Meadows. I understand they are going to retile that ditch
which will bring more water down to me. If anything it is going to
get worse. ACHD did come out since the flooding and put a hole in
that collection box that was overflowing for drainage from my
orchard, which will help.
(Discussion - on tape)
Kingsford: Anyone else to offer testimony on this issue?
Gary Lee, 1750 N. Summertree, was sworn by the attorney.
Lee: I am here on behalf of the owner of this project. I'd just
like to point out we are looking at the Stokesberry Lateral along
the northerly portion of this project, and what we intend to do
there is to fence along the current Nampa Meridian Irrigation
District easement right of way line. That particular portion of
the Stokesberry lays outside the boundaries of the Kearney Place
Subdivision. There is an existing field drainage ditch that goes
along the south portion of the property that services this 20 acres
as well as a portion of a field to the east of it that the
Aschenbrenner's are farming at this time. We've met with these
people and discussed the irrigation characterists and the drainage
in that area and come up with a flow that we are comfortable with
and they as the operator's of the farming business next door, to
adequately size that pipe line to carry the drainage.
Kingsford: Does that go into the downstream pipe that is 12" that
is now already a problem? It still has to go into that 12" line?
Eng. Smith: Yes Mr. Wood's property drains into Chateau and
Chateau ultimately drains into the pipe that comes to the corner of
Don Bryan's property.
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MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 9
Lee: The plan for the development will consist of standard right
of way streets and we are going to incorporate drainage swells
along the side yard setbacks on key areas and the intent of these
swells is to accumulate the water during the storm event. The
concept here is to retain the storm water on site and to limit the
discharge of that water off site. I have met with the Engineer and
discussed the sewer. Domestic water will be extended through the
project to the easterly boundary which will be part of your overall
network. Traffic has been discussed numerous times from different
people. Currently there is a traffic study being done. Based on
the results of that study we will make recommendations to the
Highway District as to what improvements will be required for N.
Locust Grove and whether or not there will be signals required.
Giesler: How long of a period of time will it take for this report
to be done?
Lee: We should have our report prepared within two weeks.
Tolsma: The Fire Department access road, it's supposed to be an
all weather surface, who is going to maintain that road and keep
the weeds and things out of it?
Lee: The intent is to fence off that temporary easement along the
easement lines on both sides so that there is a roadway down
between the fences. The covenants will be prepared in such a way
to address the maintenance of that roadway.
Tolsma: The Fire Department also was requesting that in case of
snow that that thing be cleared also.
Lee: Again these will have to be addressed in the covenants.
Kingsford: Is there anyone else present who wishes to offer
testimony?
Sharpe: I live on a private line, which is Wingate Lane. I'm a
little concerned about this when your talking about you have to get
the permission from the people that live on the lane for snow
removal and the maintenance of that road. It's much easier said
than done. You can't hardly expect the people that live on a
private lane to say yes we will take care of that so that people
will have access into a subdivision. I can't believe that they
aren't required to buy the land in such a way that they would have
another access into that property. I think this is something that
needs to be finalized before they even consider granting this.
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 10
Kingsford: That is something that we are talking about right now,
that they have to have that approval that these people will be the
maintenance of it, not the people that own it currently. Anyone
else from the public to offer testimony?
Dan Wood, 628 Lawndale, was sworn by the attorney.
Wood: This is my parents property and I'm helping them develop it.
We have tried to take all these considerations into view and we
have done everything that we can possibly do to make it work out
for everybody. Are there any other questions that can be answered?
Giesler: The concern I have is if the homeowners association
should dissolve for some reason then what would happen to this
emergency access road?
Wood: The access is just for emergency vehicles, we've planned it
for that. There is five property owners on the lane right now.
Kingsford: I think it would be the property owners of your
subdivision's responsibility to keep that clean but you need to
have something in writing that says that those people agree that
that can be used as an emergency vehicle access lane.
Giesler: What happens if the homeowners association isn't there?
Crookston: It's just like any other corporate entity, if it is
dissolved or they don't have the funds to maintain it then it's
going to be left unmaintained. The City is not in the business of
enforcing covenants nor do they have the authority to do so.
Wood: The only portion that we would be talking about that would
not be used that much would be the portion in between lot 12 and
1 of 11 where it 1 eaves my parents present home and drives up in
between those two lots.
Kingsford: Anyone else to testify? Seeing none, I will close the
Public Hearing. Counselor you were present at the P & Z, are these
comments changed from the Findings.
Crookston: I don't believe so.
Giesler: Regarding the drainage problem. What has to be done to
resolve the problem downstream? Mr. Collins, you represented Mr.
Blaser on that project? Don't we have that resolved with the new
t he that is going to go down there, a larger tile?
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MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 11
Collins: The first thing we are going to be is remove the fence
post from the existing one that was filled in with pipe.
Giesler: When is that going to be done? I understood it was to be
done in the Fall just as soon as it froze.
Collins: I don't know
before irrigation comes
Giesler: I don't think
about is going to Great
got it all handled to
problem.
the status of that. It's got to be done
in.
that this subdivision that we are talking
e an additional problem, I think they have
where it's not going to .aggravate this
Kingsford: What has been your communication with the Nampa
Meridian Irrigation District with regard to that 12" pipe?
Eng. Smith: On November 25, 1991 I
at Nampa Meridian. Basically I outl~
have out there of which he is aware
plans that we have on the irrigation
the Jackson Stub drain which is the
at the east side of Locust Grove Roac
located. Basically the problem is in
I see it, there is an 18" pipe dow
Meridian Place Sub. was built, all y
end areas of the pipe and you have
Grove Road behind the back of the ]
that discharges into an 18" pipe. T
24" will fit through the 18" pipe.
the ditch rider for this area and h
and what I was told on the phone c;
Meridian Place Subd. has been there
a subdivision was developed to the
that pipe took the flow. They weren'
about it. That's as far as I got wi~
as getting the 15" diameter pipe inst
Dent a letter to John Anderson
ned to him the problem that we
and I sent him copied of the
system, the drainage pipe in
name of the drain that begins
where Don Bryan's property is
Meridian Place Subdivision as
a there that was put in when
~u have to do is calculate the
a 24" inch pipe under Locust
ots in Gem Park #1 Subd. and
sere is no way the f 1 ow in the
I received a phone call from
had talked to John Anderson
as that the 18" pipe through
for a number of years, until
east of Meridian Place Subd.
:. interested in doing anything
.h them on this issue. As far
alled in Chateau East #1 Subd.
I'm perrectly willing to hold up approval of any more sewer or
water applications for any lots being built in that subdivision
until that pipe is completed. I have a letter in my hand that says
that work would be done near the first of December 1991 and it's
not done yet. I personally feel that it's time that it gets done.
I don't know the answer to downstream and I don't know why it's up
to the City to do this but maybe it is - to go to the Board of
Directors at Nampa Meridian Irrigation District and lay this thing
on their doorstep because apparently the Superintendent isn't
willing to take it any farther. (See tape for further)
• •
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 12
The Motion was made by Tolsma and seconded by Giesler to have the
City Attorney write a letter to the Nampa Meridian Irrigation
District describing that situation and seeking a remedy.
Motion Carried: All Yea:
Crookston: What is downstream of the 18" pipe?
Eng. Smith: It's an open ditch.
Giesler: How long of a stretch is this of the 18"?
Eng. Smith: About 500 to 600 feet.
The Motion was made by Giesler and seconded by Tolsma to approve
the Findings of Fact and Conclusions of Law for Gordon and Peggy
Wood.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Yerrington to have
the attorney prepare an Ordinance.
Motion Carried: All Yea:
ITEM #9: PRE-TERMINATION HEARING: WATER/SEWER/TRASH
DELINQUENCIES:
Kingsford: This is to inform you in writing, if you choose to, you
have the right to a pre-determination hearing at 7:30 P.M. 1/7/92
before the Mayor and City Council, to appear in person to be judged
on facts and defend the claim made by the City that your water,
sewer, and trash bill is delinquent. You may retain counsel. This
service will be discontinued 1/15/92 unless paid in full. Is there
anyone present who wishes to contest their water sewer, trash
delinquency? No response. They are hereby informed that they may
appeal or have the decision of the City reviewed by the Fourth
Judicial District Court pursuant to Idaho Code. Even though they
appeal the water will be shut off.
The Motion was made by Tolsma and seconded by Yerrington to approve
of the turn off list.
Motion Carried: All Yea:
• •
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 13
Kingsford: The amount of the turn off this month is $7,240.90.
ITEM #10: DEPARTMENT REPORTS:
Tolsma: What's being done about the piping on the back of 11th
Street?
Clerk Niemann: I don't know, we'd need to talk to Wayne Forrey.
Kingsford: I've not appointed Commissioners yet. It is my
intention to have Mr. Yerrington remain as the Wastewater
Commissioner, Mr. Giesler as the Police Commissioner and Mr. Corrie
- Fire and QRU Commissioner and Mr. Tolsma - Water & Parks.
The Motion was made by Yerrington and seconded by Corrie to adjourn
at 8:57 P.M.. '
Motion Carried: All Yea:
(TAPE ON FILE)
APPROVED:
GRA T P. KING FO D, M OR
ATTEST:
EMANN/. CITY CLERK
cc. Mayor & Council, P & Z Members,
Atty, Bldg., Eng., Fire, Stuart,
Ward, Gass, Police, ACRD, Settlers,
APA, CDH, NMID, Valley News
Mail (6)
File (6)
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• 9 01663
J. DAVID ~r,~,~`:~~;RO .
REC4FtDER BY UXJ
ED
' 92 JRN 9 R~1 9 0
ORDINANCE N0. J.~-
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS LOT 4, BLOCK 2, NIDDAYS 2ND ADDITION, MERIDIAN, ADA
COUNTY,-STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-4 Residential to
Limited Office (L-0), for the following described parcel:
Lot 4, Block 2, Niddays 2nd Addition, Ada County, Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is
described as follows:
Lot 4, Block 2, Niddays 2nd Addition, Ada County, Idaho,
be, and the same is rezoned from R-4 Residential to Limited Office
(L-0) and Section 11-2-425, Official Zoning Maps is hereby amended
to reflect the same.
Section 2. EFFECTIVE DATE: There being an emergency,
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 888-4481
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
REZONE ORDINANCE - Page 1
._
City of Meridian, Ada County, Idaho, this 7th day of January, 1992.
APPROVED:
MAYOR -- GRANT P. KINGSF RD
ATTEST:
,.F°i ^CITY LERK -- CK NIEMANN
STATE OF IDAHO,)
ss.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED
AS LOT 4, BLOCK 2, NIDDAYS 2ND ADDITION, MERIDIAN, ADA COUNTY,
STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as
Ordinance No. ~, by the City Council and Mayor of the City
of Meridian, on the th day of January, 1992, as the same appears
in my office. ----
AMBROSE,
FITZGERALD D ATE D t h i s~ d a y rr.r-~ , 19 9 2
& CROOKSTON ------
,F
Attorneys end
Counselors `'~-.-::~~_~ _._...
v.o. Box 4z~ - C i t y l a r k, t y o f M e rid ian T~~_
Meridian, Idaho
83842
Tel®phone 8884481 R E Z O N E O R D I N A N C E - P a g e 2
,~ ,:..
AMBROSE,
FITZGERALD
3CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
•
STATE OF IDAHO,)
Ada County, Idaho
ss.
County of Ada, )
On this ~~ day of ~gv1H 1992, before me,
the undersigned, a Notary~u3lic i an or said State, personally
appeared Jack Niemann, known to m o 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.
S ~
SEAL ~ ~ ~ap~`~~'Y ~~
~:~iAoo~aoi° ~~1~::
tart' Pu~i~ic~or Idaho~~~~~p
Residing at Meridian, Idaho
/0-~7' ~' Z ~711?/L
REZONE ORDINANCE - Page 3
,_ ~ ,~
CCOUNT #
•
TURN OFF LIST
Scheduled for January 15,1992
NAME & ADDRESS
MOUNT PAST DUE
382 Stan Lantz 80.80
608 W. 3rd
828 Thomas A. Murrell 175.90
661-663-671-673 W. Idaho
900 Rick S. Wisdom 50.10
323 W. Idaho
1018 John F. Williamson 45.40
921 W. 4th St.
1196 Linda Cope 28.65
1002 W. Pine Ave
3438 Daven L. Story 68.40
1513 W. 1st St.
3534 Lorraine L. Phillips 100.00
324 W. Maple
3538 Steven Mortensen 100.20
1338 & 1340 W. 4th
3550 Kerry L.Larson 82.20
225 W. Maple
3564 Don Todd 55.50
236 Camellia
3576 Larry A. Corwall 99.50
231 Camellia Ave
3612 Richard Scherer 68.60
201 Cherry Ave
3686 Larry K. Meek 67.80
1432 W. 4th St
3729 Barry Sams 56.40
403 W. Cherry Ln
403 W. Cheery Ln-sprinkler 125.30
4088 Paul Pack 53.60
1313 W. 4th St.
4090 John D. Hansford 31.35
1303 W. 4th St
4366 Walter Ryan 49.70
1131 W. 7th St
5232 Caroline Chandler.
127 W. Washington
5568 Tommy Vincent
1329 W. 13th Ave
5732 Dennis Goff
1423 W. 14th St
5772 Robert Tidwell
1433 Elm Place
6584 Lisa Wulf
918 W. Washington
22140 Thomas Link
1920 Incline Way
22322 Mickey L. Ware
3721 Sea Tsland Ct
22436 Bob Unger
3861 Sugar Creek Dr
22516 Fredrick C. Huth.
3419 Sugar Creek Dr
30824 Heidi Buffi
2030 Todd Way
30914 Lindy L, Grapatin
1890 Marianna P1
30920 Rick K. Coffman
1960 Marianna P1
30970 Daniel Wilmont
1879 Todd Way
31080 ~-
Steven M. Cantrell
1750 W. Chateau Dr
31778 Jason Elliott
2115 Monaco Way
32532 William Avery
1967 Cairns Way
32462 Michael A Ruffalo
1952 Sandalwood Dr.
28886 David L. Kemp
1860 Kristen Way
32516 Robert D. Talburt
1895 W. Chateau Dr
• page 2
37.80
67.60
64.10
69.40
65.60
68.60
123.10
76,50
75.20
46,10
119.20
86.90
86.30
67,80
20.30
78.80
1nF.3n
140,30
62.70
. ._ • • page 3
32548 Donald H. Fisher 63.30
1750 Beardon Ct.
32564 Eva Louise Reed 46.90
2291 N. Linder Rd
35352 Cal Perman 70.60
1481 Darrah Dr
35358 Terrence S Music 66.50
1467 Darrah Dr
35372 Merton Logue 46.40
1341 Darrah Dr
37302 Stanley Dyke 100.30
1462 Claire St
38102 Ray Castaeda 48.00
1511 Storey Ave
38284 Robert L Miller 55.70
1521 Kingswood Ave
38404 Terry L Pugmire 59.50
1531 Tana Dr
38434 Robert Sanders 96.10
1227 Fairwood Dr
38472 aohn McKay 72.90
2132 N.W. 12th St
38480 Timothy K, Miller 54.70
1203 Delmar Dr
38490 Gerald R Barnowski. 67,00
1312 Tana Dr
38580 Gary Tipton 53,60
2240 N.W. 14th St
38616 Dorothy L. Harbour 108.30
940 W. Chateau Dr
38650 David E McGowan 83.10
2211 N.W, 17th St
.38654 Twayne Walker Const. 47,40
1177 Delmar Dr
38690 Alma C. Clajus 48,30
1190 W. Newport Ct.
38824 Phi-lip R Carroll 69,90
1080 Delmar Dr
• • page 4
38850 Julia Couch 84.70
1012 Fairwood Ct
39334 Joseph V. Kiebert -67.35
941 Storey Ave
39612 Leonard McFadden 61.10
104 W. Cherry Ln
40128 Vincent Gardner 71.00
2070 Crestmont Dr
40146 William Vick 70.50
521 Longford Dr
40170 Tamera Reedy 58.55
331 Cranmer Dr
41178 Don Castleberry 88.70
689 W. Willowbrook Dr
41208 Roger f. Becker 83.40
671 Tiffany Dr
41220 Deborah J. Carlson 53.80
- 566 Tiffany Dr
41230 David L. Cantrell 78,70
690 Tiffany Dr
41284 Donald S. Ray 48.80
2141 Kenmere Dr
41320 Steven Haven 67,10
1843 Lawndale
47884 David L. Stucker 88.10
1164 Torrington Ct
47890 Paula Patterson 38.60
1155 Chateau Dr E.
48542 Edwin L. Brown 96.00
2167 Jericho Way
48734 Stephen Buffatt 65.85
2092 N,E. 10th Ave
48744 Wayne McGurer 87.00
1011 Claybourne Dr
48772 Raymond L Hoke 69.40
2102 N. Lark P1
48816 Phillip & Diane Wingate 84.55
905 E. Willowbrook Dr.
• • page 5
48818 Calvin L. Bishop 132.40
923 E. Willowbrook- Dr
48834 Waide Woodland 64.00
]074 Clarene St
48840 Michael Lacroix 83.40
1028 Clarene St
48990 William G Miller 72.40
1855 Teare Ave
52862 C.F.I. Investments 52.80
364 E. Washington
53958 H.L. Roberts 39.40
1431 Meridian St
56340 Monika Little 66.70
412 E. Broadway
56788 Pacific Northwest Bell 113,55
816 Meridian St
56836 - Jefferey A Scott 58,20
31A E Pine Ave
58524 Betty B Jacobson 82.85
436 E Pine Ave
58528 Nancy Cowles 74,70
432 E. Pine Ave
58624 Paul H Smith 73,75
29 East State Ave
58696 Patsy Garrett 160.00
934 E 5th St
60350 Robert D Rankin 45.70
122 E Ada Ave
60424 Furley Chandler 53.60
121 E Kiang Ave
60430 David Roberts 47,80
133 E King
60470 H. Genevieve Halford 199,50
226232 E Kiang
61766 Steven D Ryker 67.30
234 E Williams Ave
. • •
92830 Michael P Klingner 49.90
628 Hanover Ct
92856 Cheryl Moore 36.75
656 Fulmer Ct
93877 ~ Todd Hammons 41.30
671. Barrett
93784. Wilson Bevington 40.10
42 Rose Circle
93807 Fracis Kerr Woods 57.60
102 West 1st St. So.
95084 Tylene Hollingsworth. 45.20
1226 W. Crestwood Dr
95176 Kevin Mooney 58.40
_ 1319 Crestwood Dr
page 6
100 Past Due Accounts Tota] Amount: $ 7,240.90
• •
OFFICIAL OATH OF OFFICE
I do solemnly swear for affirm} that I will support the
Constitution of the United States, and the Constitution and Laws
of the State of Idaho, that I will faithfully discharge all the
duties of the office of MAYOR of Meridian,
Idaho, according to the best of my ability.
.,.2 ~
Subscribed and sworn before me this ~ day of ~A~u ,
19~
Fi ~'I ~ , 1~'3/
CITY CL~RFt)
• •
OFFICIAL OATH OF OFFICE
I do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution and Laws
of the State of Idaho, that I will faithfully discharge all the
duties of the office of
COUNCILMAN of Meridian,
Idaho, according to the best of my ability.
Subscribed and sworn before me thi s~ day o 4"^~~ad~ ,
19~.
File` d ~Jc?sJ• ~ , 19/ ~
Y CLF~tK )
•
•
OFFICIAL OATH OF OFFICE
I do solemnly swear for affirm) that I will support the
Constitution of the United States, and the Constitution and Laws
of the State of Idaho, that I will faithfully discharge all the
duties of the office of COUNCILMAN of Meridian,
Idaho, according to the best of my ability.
Subscribed and sworn before me this
19 ~.
Filed ~ ~ ~@`~ , 199 ?i
TY'CL6~RFi)
~~ ~ • ~
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF FIELD OF DREAMS SUBDIVISION
FOR A VARIANCE FROM THE PRESSURIZED IRRIGATION ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on December 17, 1991, at approximately 7:30 o'clock
p.m. on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the city of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for December 17, 1991, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly
considered at the December 17, 1991, hearing; that copies of all
notices were available to newspaper, radio and television stations.
2. That the notice of public hearing is required to be sent
to property owners within 300 feet of the external boundaries of
the land being considered pursuant to 11-2-416 E., 11-2-419 D., and
AMBROSE,
FITZGERALD
aCROOKSTON
11-9-612 B. lb, of the Revised and Compiled Ordinances of the City
""orneysand of Meridian • that thi s requirement has been met.
~
Counselors
P.O.Box427 3, That Ordinance 11-9-606 B 14, Pressurized Irrigation
Merldlan, Idaho
83842
Telephone 888.4481 system, requires that a pressurized irrigation system shall be
~'
constructed and installed at the same time as the domestic water
lines as a public improvement by every developer of a subdivision.
4. That the Applicant has requested that it be granted a
variance from the above requirement and be allowed to have a
gravity flow irrigation system since water is available and there
are only four lots in the subdivision.
5. The property in question is in the W 1/2 of the E 1/2 of
W 1/2 of the SE 1/4 of the SW 1/4 of Section 1, T. 3N., R. 1W.,
Boise Meridian, Ada County, Idaho.
6. That the property is zoned R-8 Residential; that the
covenants and restrictions, however, limit homes to single-family
dwellings and no duplexes or multi-family dwellings may be
constructed in the subdivision.
7. That Section 11-9-606 B. 14. provides that in the
pressurized irrigation requirement shall not be required and may
be waived if the developer 1) deeds to the City land for a well,
drills the wet l and places the wet l on 1 ine with the City water
system or 2) the subdivider deposits, gives and grants sufficient
funds with the City to purchase all necessary equipment to put the
well on line with the City water system.
8. That the Applicant did not indicate the alternatives to
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counaetora
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
the pressurized system stated above were acceptable alternatives
and those specific alternatives were not discussed at the hearing.
9. That one of the purposes of the pressurized irrigation
system was to ensure that land owners received the water from the
various irrigation districts that they were paying for.
10. That there were no public comment submitted in opposition
•
AMBROSE,
FITZGERALD
6CROOKSTON
Attorneys and
Counaelora
P.O. Box 427
Merldlan, Idaho
83642
TeleDhone888.4481
to the variance at the public hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the city has authority to grant variances pursuant
to Section 11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Zoning Ordinance and upon the record submitted to it and the things
upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the following provisions of Section 11-9-612,
Variances, of the Development Ordinance is noted which is pertinent
to the Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique circumstances (such
as topographic - physical limitations or a planned unit
development), may grant variances from the provisions of
this Ordinance on a finding that undue hardship results
from the strict compliance with specific provisions or
requirements of the Ordinance or that application of
such provision or requirement is impracticable.
6. That the specific requirements regarding a variance
• •
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
esea2
Telephone 888.4481
that must be evidenced and found by the City Council are a
follows:
11-9-612 A. 2, FINDINGS
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public hearing,
that all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would clearly be impracticable
or unreasonable; in such cases, the subdivider shall first
state his reasons in writing as to the specific provision or
requirement involved;
b. That the strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-
inflicted, or that these conditions would result in
inhibiting the achievement of the objectives of this
Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not violate the provisions of the
Idaho Code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
7. That there does appear to be a benefit of profit,
economic gain or convenience to the Applicant in that a
pressurized irrigation system would be more costly, however, the
ordinance provides for a waiver of that ordinance if the
conditions are met.
8. That since the property involved already has gravity
flow irrigation available the granting of a variance would not
inhibit one of the purposes of the pressurized irrigation
requirement of ensuring that irrigation is available for the land
~~" 1 ! ~
owners, however the ordinances of the city require that all
irrigation ditches be piped. (11-9-605 M.)
9. That if the variance is granted the Applicant will still
be required to pipe the irrigation ditches and therefore it should
be the decision of the Applicant whether it is desireable to
provide a pressurized irrigation system or to pipe the gravity
flow ditches.
10. That regarding Section 11-2-419 C it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would clearly be unreasonable in
that the property has gravity flow irrigation available and
waivers .are allowed in the Ordinance if the conditions are
met.
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
owner, subdivider or developer as a result of factors not
self-inflicted.
c. That the granting of the specified variance would not be
detrimental to the public's welfare or injurious to other
property in the area in which the property is situated.
d. That such variance would not have the effect of altering
the interest and purpose of this Ordinance and the Meridian
Comprehensive Plan.
11. That since the property does have irrigation water
available the conditions for a waiver are not deemed to be
applicable and the variance request shall be treated a variance of
the entire ordinance; that there was no request for a variance
AMBROSE,
FITZGERALD
aCROOKSTON from the piping of the irrigation ditches and such would not have
Attorneys and been looked upon favorably.
Counselors
P.o.B°x42' 12. That it is concluded the Application should be grants
Merldlan, Idaho
83842
Telephone 888.4481 but that the irrigation ditches the supply each lot wi
w
irrigation water shall be piped as required under Ordinance 11-9-
605 M and it shall be left up to the Applicant as to whether the
irrigation ditches are piped or whether a pressurized irrigation
system would be preferrable.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the city of Meridian does hereby adopt
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys end
Counaelora
P.O. Box 427
Meridian, Idaho
83842
Telephone 8BB-4481
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN MYERS
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED ~~~
VOTED
VOTED _~~
VOTED
VOTED
APPROVED:
DISAPPROVED:
,..4,,.,~~,-._rs~ _
~ ~~~~~., ~ Senlor Nutrition Program - CENTRAL
~g~p®r 1455 N. Orchard •• DISTRICT
' '~,. ~Je81s Boise, ID 83706
' HEALTH
""' (208) 375-5211 DEFARTNAENT
~ .~.... ,. . _....__w.~..~__-------____.__.__~..~_.~._a._..__...__~._.~._
January 3, 1992
Jack Niemann, Clerk
City of Meridian
City Hall
33 E. Idaho Avenue
Meridian, ID 8364 _ - _ _ __
Dear Jack:
At this point, the Senior Nutrition Program does not intend to
pursue the variance with the Meridian City Council to locate a
walk-in refrigerator-freezer behind Meridian Senior Center.
First, the Ada County Highway District had an expensive process for
us to go through, then our grant request to help pay for the walk-
in unit was not approved. So until there are funds for such a
unit, we cannot proceed.
Thank you for your time.
Sincerely,
Cindy Anderson, M.S., R.D.
Ccordi^ator _
Senior Nutrition Program
CA:dy