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HomeMy WebLinkAbout1995 04-04~ MERIDIAN CITY COUNCI:L ~ AGENDA TUESDAY, APRIL 4, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MARCH 21, 1995: (APPROVED) 1. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST FROM R-4 TO L-O BY JAMES AND JEAN FULLER: (APPROVED; CITY ATTORNEY TO PREPARE ORDINANCE) 2. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST TO R-8 BY MICHAEL GAMBLIN: (APPROVED; CITY ATTORNEY TO PREPARE ORDINANCE) 3. ORDINANCE #698 - GAMBLIN REZONE/L-O: (APPROVED) 4. ORDINANCE #699 - WATERBURY PARK NO. 5 SUBDIVISION: (APPROVED) 5. ORDI'NANCE #700 - BRAMBLE WOOD SUBDIVISION: (APPROVED) 6. PRELIMINARY PLAT FOR BRAMBLE WOOD SUBDIVISION: (APPROVED) 7. FINAL PLAT: AVEST PLAZA, 10 LOTS BY AVEST LIMITED PARTNERSHIP: (APPROVED WITH CONDITIONS) 8. DEVELOPMENT AGREEMENT: RAVEN HILL SUBDIVISION: (TABLED UNTIL APRIL 18, 1995) 9. FINAL PLAT: RAVEN HILL SUBDIVISION, 67 LOTS BY ALLAN CHANDLER: (APPROVED WITH CONDITIONS) 10. REQUEST FOR TIME EXTENSION FOR TUTHILL ESTATES NO. 2 SUBDIVISION (APPROVE 3 MONTH TIME EXTENSIONj 11. HISTORIC PLACES NOMINATION AGREEMENT: (APPROVED SUBJECT TO RECEIVING ACKNOWLEDGEMENT FROM OWNERS) ~ 12. DEVELOPMENT AGREEMENT: THE LANDING SUBDIVISION NO. 7: (APPROVED SUBJECT TO ATTORNEY'S REVIEW) 13. NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: (APPROVED) 14. WATER/SEWER/TRASH.DELINQUENCtES: (APPROVED) 15. APPROVE BILLS: (APPROVED) 16. DEPARTMENT :PORTS: ~ A. GA~MITH, CI~Y ~EN~INEER: 1. PUBLIC WORKS BILLS: • RINGERT CLARK ATTORNEYS - LICENSE AGREEMENT FOR FIVE MILE CREEK SEWER LINE EXTENSION:(APPROVED) • CH2M HILL - WATER MASTER PLAN UPDATE AND MISC.: • MASCO - EAGLE ROAD WATER LINE EXTENSION: 2. DOWNTOWN CITY TREES: (APPROVED) 3. RIGHT OF ENTRY AGREEMENT WITH UPRR: (APPROVED) B. SHARI STILES, PLANNING DIRECTOR: 1. REQUEST FOR WATER/SEWER UTILITtES TO BOISE CITY: (DENY REQUESTS IN OUR IMPACT AREA) ~ MERIDIAN CITY COUNCIL ~~ AGENDA TUESDAY, APRIL 4, 1995 - 7:30 P.M. CITY CDUNCIL CHAMBERS MFNUTES OF PREVIOUS MEETING HELD MARCH 21, 1995: (APPROVED) AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST FROM R-4 TO L-0 BY JAMES AND JEAN FULLER: (APPROVED; CITY ATTORNEY TO PREPARE ORDINANCE) 2. AMENDED FINDFNGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST TO R-8 BY MICHAEl. GAMBLIN: (APPROVED; CITY ATTORNEY TO PREPARE ORDINANCE) 3. ORDINANCE #698 - GAMBLIN REZONE/L-O: (APPFtOVED) 4. ORDINANCE #699 - WATERBURY PARK NO. 5 SUBDIVISION: (APPROVED) 5. ORDtNANCE #700 - BRAMBLE WOOD SU~DIVISION: (APPROVED) 6. PRELIMFNARY PLAT FOR BRANIBLE WOOD SUBDIVISION: {APPROVED) 7: FINAL PLAT: AVEST PLAZA, 10 LOTS BY AVEST LIMITED PARTNERSHiP: (APPROVED WITH CONDITIONS) 8. DEVELOPMENT AGREEMENT: RAVEN HILL SUBDIVISION: (TABLED UNTIL APRIL 18, 1995~ 9; FfNAL PLAT: RAVEN HILL S416DIVISION, 67 LOTS BY ALLAN CHANDLER: (APPROVED WITH CONDITIONS) 10. REQUEST FOR TIME EXTENSION FOR TUTHILL ESTATES NO. 2 SUBDMSION (APPROVE 3 IIAONTH TIME EXTENSION) 11. HISTORIG PLACES NOMINATION AGREEMENT: (APPROVED SUBJECT TO RECEIVING ACKNOWLEDGEMENT FROM OWNERS) 12. DEVELOPMENT AGREEMENT: THE LANDING SUBDIUISION NO. 7: (APPROVED SUBJECT TO ATTORNEV'S REVIEW) 13. NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: (APPROVED) 14. WATER/SEWER/TRASH DEUNQUENCIES: (APPROVED) 15. APPROVE BILLS: (APPROVED) 16. DEPARTMENT~ PORTS: • A. GARY SIVIITH, CITY ENGINEER: 1. PUBLIC WORKS BILLS: • RFNGERT CLARK ATTORNEYS - LICENSE AGREEMENT FOR FIVE MILE CREEK SEWER LINE EXTENSJON:(APPROVED) • CH2M HfLL - WATER MASTER PLAN UPDATE AND MISC.: • MASCO - EAGLE ROAD WATER LINE EXTENSION: 2. DOWNTOWN CI.TY TREES: (APPROVED) 3. RIGHT OF ENTRY AGREEMENT WITH UPRR: (APPROVED) B. SHARI STILES, PLANNING DIRECTOR: 1. REQUEST FOR WATER/SEWER UTILITIES TO BOISE CITY: (DEIVY REQUESTS IIV OUR IMPACT AREA) • • MERIDIAN CITY COUNCIL APRIL 4, 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Ron Tolsma: MEMBERS ABSENT: Bob Corrie OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Bill Musser, Jack Riddlemoser, Larry Durkin, Jim Merkle, Lila Hill: MINUTES Of PREVIOUS MEET(NG HELD MARCH 21, 1995: Kingsford: Are there any corrections to those minutes? Motion to approve. Toisma: IVIr. Mayor, I move we approve the minutes of the previous meeting. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the minutes of the March 21, 1995 meeting, all those in favor? Opposed? MOTION CARRFED: All Yea Kingsford: I would fike to welcome Boy Scout Troop #82 with us this evening, it is a p.leasure to have you gentlemen with us. ITEM #1: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST FROM R-4 TO L-O BY JAMES AND JEAN FULLER: Kingsford: Has the Council reviewed those findings? Any discussion? is there a motion on the findings? Tolsma: Mr. Mayor, I move we approve the findings of fact and conctusions of law for the rezone request from R-4 to L-O by James and Jean Fuller. • Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the amended findings of fact and conclusions of law for the rezone request by James and Jean Fuller, roll call vote. ROLL CALL VOTE: Yerrington - Yea, Morrow - Yea, Tolsma - Yea MOTION CARRIED: All Yea • Meridian City Council April 4, 1995 Page 2 • Kingsford: Is there a motion on the; to have the Attomey draw up the rezone? Tolsma: Do you want to approve the decision? Kingsford: Yes Tolsma: The decision is that it is decided the application for rezoning to Limited Office District L-O is granted subject to a site plan review which would include input from adjacent property owners. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: Mr. Mayor I would move we have the City Attorney prepare an ordinance ~or the rezone. Yerrington: Second Kingsford: Moved by Ron, second by Max to have the City Attorney prepare a rezoning ordinance, alt those in favor? Opposed? MOTION CARRIED: AII Yea ITEM #2: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST TO R-8 BY MICHAEL GAMBLIN: Kingsford: Has the Council reviewed those amended findings? Is there a motion? Tolsma: Mr. Mayor I move we approve the amended findings of fact and conclusions of law for rezone request by Michael Gamblin. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the amended findings of fact and conclusions of law on the rezone request to R-8 by Michael Gamblin, rolf call vote. ROLL CALL VOTE: Yerrington - Yea, Morrow - Yea, Tolsma - Yea • • Meridian City Council April 4, 1995 Page 3 MOTION CARRI'ED: All Yea Kingsford: Is there a motion on the decision? Tolsma: Mr. Mayor, the Meridian City Council hereby decides that the rezone requested by the applicant for the property described in the application are approved with the conditions set forth in these findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDfNANCE #698 - GAMBLIN REZONE/L-O: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONfNG OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER. Of THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN E'FFECTIVE DATE. Is there anyone from the pubfic that would to have Ordinance #698 read in its entirety? Seeing none I would entertain a motion on #698. Yerrington: Mr. Mayor, I move that we approve Ordinance #698 with the suspension of the rules. Tolsma Second Kingsford: Moved by Max, second by Ron to approve of Ordinance ~98 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All Yea Crookston: Mr. Mayor, on the previous matter and this one do you wish to have an ordinance prepared for the rezone from R-4 to R-8? Yerrington: So moved. • Meridian City Council April 4, 1995 Page 4 Tolsma: Second C~ Kingsford: Moved by Max, second by Ron to have the City Attorney prepare an ordinance rezoning the Gamblin property to R-8, all those in favor? Opposed? ITEM #4: ORDINANCE #699 - WATERBURY PARK NO. 5 SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING GERTAIN REAL PROPERTY WHICH fS DESCRIBED AS PORTIONS OF THE E 1l2 OF THE SE 1/4 OF THE NW 1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTtON 1, T.3N, R.1W, B.M., ADA COUNTY, STATE Of LDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #699 read in its entirety? That is the property designated as Waterbury Park Subdivision No. 5. Seeing none I would entertain a motion on #699. Tolsma: Mr. Mayor I move we approve Ordinance #699 with the suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of Ordinance ~99 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRFED: All Yea Yerrington: Mr. Mayor, on #698 I think we stated to change from R-4 to R-8, and it should be L-O. Kingsford; No, that is the one that has not yet been prepared. It was 2 different parcels. Yerrington: Pardon me. ITEM #5: ORDINANCE #700 - BRAMBLE WOOD SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 35, TOWNSFOIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDfNG AIV EFFECTIVE DATE. Is there anyone from the public that would to have Ordinance #700 read in its entirety? fs there a mo.tion then on Ordinance #700? ~ • ~ ~: ~ Meridian City Council Apri14, 1995 ;~ Page 5 Yerrington: Mr. Mayor I move that we approve Ordinance #700 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max second by Ron to approve of Ordinance #700 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTIDN CARRIED: AII Yea ITEM #6: PRELIMINARY PLAT FOR BRAMBLE WOOD SUBDIVISION: Kingsford: Does Council have interest in a presentation? Is the developer or his designee here for Bramble Wood? Comments Shari? Stiles: This Bramble Wood preliminary plat was tabled pending the development agreement back when we were not annexing anything until the development agreement was done. So that is the reason it is put back, it was on the agenda back in September and the motion was to have the Gity attomey prepare an annexation ordinance and to table the preliminary plat until the land is annexed and to meet the development agreement. So you couldn't act on the plat until it was annexed and that was fhe reason it was tabled. This is the same fhing you had back in September. Kingsford: Gary, do you have any comments on the plat? Smith: Nothing .other than what I made originally Mr. Mayor. '' Kingsford: If you look at your packet for item #5 it has the minutes for that, the motion was made by Walt, second by Max to have the City Attorney prepare an annexation ordinance and to table the preliminary plat until the land is annexed and meet the development , agreement, all those in favor? Any questions the Council may have of staff? Morrow: I have none, they are still satisfied that everything is fine, I have no questions. Kingsford: Is there a motion then? Morrow: Mr. Mayor, I move that we approve the preliminary plat for Bramble Wood Subdivision. . Meridian City Council April 4, 1995 Page 6 Tolsma: Second • Kingsford`. Moved by Walt, second by Ron to approve of the preliminary plat for Bramble Wood Subdivision, all those in favor? Opposed? MOTION CARRIED: AII Yea ITEM #7: FINAL PLAT: AVEST PLAZA, 10 LOTS BY AVEST LIMITED PARTNERSHIP: Kingsford: The developer has asked to make a presentation, speaking to a particular change. Durkin: My name is Larry Durkin, I am with Dakota Development and I am just asking for a modification on behalf of the applicant Avest. If I could just call your attention to page 3 of the recornmendations by the staff. On the bottom of the page #6, there are 2#6's on that page but it is the one right at the bottom. There is a little bit of an inconsistency in that recommendation and the development agreement that we are working with the City Attorney on. So we would ask that #6 be changed to reflect the scope of work and the financial guarantees that are already covered in the development agreement that we are already working on. I don't know procedurally how you do that but I have talked to Shari and the Gity Attorney and they didn't have a problem with making those changes. Kingsford: Any questions of Council? Crookston: The request was as I understood it was to have the letters of credit be supplied prior to the issuance of a building permit. I had no objection to that, I believe that is Shari's feelings also. Morrow: I have no objection. Durkin: Otherwise we are in full agreement with the rest of the report, (inaudible). Kingsford: Any question for Mr. Durkin with regard to the final plat? Mr. Morrow, I heard you diScuss water rights, I see the water commissioner has arrived did you want to. Morrow: My comments were directed, Larry and I were talking about, we are all squared away with respect to the irrigation issues, both Gary Smith and I are satisfied that everything is pressing on the way it is supposed to. So there would be no reason to hold this final plat up from that standpoint. Kingsford: Roger, I want to thank you and your group for getting. those meetings together • Meridian City Council April 4, 1995 Page 7 ~ and at least hopefully remedying that situation. With water we will always know if it works or if it doesn't. Hopefully that will remedy it, if it doesn't I am sure I will know about it pretty quick. Is there a motion on the final plat. Stiles: I just wanted to make sure you are all aware that the development agreement needs to be re-done and 'whethec you want that to just be done, it has been approved by the Council but that was before there were new conditions as a result of the conditional use permit. Do you want that to be negotiated wifh Wayne and between the developer and myself or do you feel you need to see that one again, the development agreement. Crookston: They will have to approve it to have the City sign off on it anyway. Stiles: So they will have to review the revised development agreement. Kingsford: Do you have any problem with us approving the final plat? Crookston: No, I have no problem with that. The plat can be signed and the development agreement can be signed at a subsequent date, I have no problem wifh fhat because we have a hold on the building permits. Stiles: How do they reference the instrument number of the development agreement on the plat if it is not executed prior to recording of the plat. Is that just made an addendum? Crookston: I wasn't aware that the deveiopment agreement would be referenced on the plat. Stiles: That was one of the my comments that I asked, we have been having the instrument numbers of the development agreement, the recorded number on the face of the plat. Crookston: That is fine with me if that is the Council's decision. Kingsford: Well, it fiad better be fine with you. Crookston: I generally agree with what the Council does. Kingsford: Well, I think the issue then is that the Council can approve this subject to that development agreement being submitted and approved and that the plat wouldn't be signed until such time. Morrow: Mr. Mayor, I move that we approve the final ptat for Avest Plaza subject to the • Meridian City Council Apri I 4, 1995 Page 8 ~ development agreement being signed also changing fhe requirement for letters of credit to be submitted at point of building permit and to incorporate all the staff recommendations. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the final plat for Avest Plaza, 10 lots subject to the development agreement being signed, the staff conditions being met and the letter of credit being submitted prior to building permit issuance, all those in favor? Opposed? MOTION CARRIED: All Yea I'TEM #8: DEVELOPMENT AGREEMENT: RAVEN HILL SUBDIVISION: Kingsford: Has Counselor reviewed that development agreement? Stiles: t am sorry, I thought they were going to request a tabling, because the development agreement is not yet signed is all. We do not have a signed development agreement. . Kingsford: Signed by the developer. Merkle: Mr. Mayor, the development agreement is not officially signed by Allan Chandler, it has gone back and forth a couple of times and he is in agreement, he is just out of town and we would like it to be a condition of the signature on the final plat as I think we pretty much do a lot. Kingsford; Does the Council have a problem with that? Morrow: Mr. Smith appears to be troubled, 1 would like to know your thoughts. Smith: Just a general question, on previous final plats I have been instructed that we don't sign the final plat until the development agreements are approved and signed. Kingsford: I think that was the intent of the Councit Gary to have this final plat approved as the lasf was conditioned on the development agreement being received and signed. I certainly wouldn't recommend to him that we sign the final plat. Morrow: That was the motion, now maybe the motion rambled around a little bit. • Meridian City Council April 4, 1995 Page 9 Kingsford: I think it was clear to me, at 1east. • Morrow: The intent of the motion was that the final plat will be signed off when we received the signed off development agreement and we have approved and signed it so we have a reaording number that you two are doing on that. I agree with that 100% and that was the intent of the motion. Smith: Thank you Kingsford: Any other comments then about Raven Hill? Smifh: There was a, one of our comments was that we have a little bit of a pressure problem out there on water until the booster pump, phase 2 of the booster pwmp is installed. Jim Merkle responded to our review of the plat and asked the question, if he could receive an update on timing of the second booster pump. We should have received those plans today, we did not from the consulting engineer, but they would be here within this week I would suspect and we would put them out immediately for bid. Merkle: Are we looking at 3 to 4 monfhs? Smith: No, less than that. Kingsford; Jim, your general comments number 1, I didn't go through these and parallel them to Gary's comments, but the first one says it is acceptable with exception Nine Mile Drain, would you advise rne of what that is so that I am clear. Merkle: Nlr. Mayor the general comment was any existing irrigation drainage ditches crossing the property in this project shall be tiled. Kingsford: Any Nine Mile was in excess of the 48 inch? Merkle: Right that is correct and I don't think you intended to tile the Nine Mile Drain. Morrow: I don't have that piece of paper. Kingsford: This came today l believe, it was on my desk when I came this afternoon, did you look in your box? ~ Morrow: Yes I did and obviously f have done something with it, and I do remember seeing it earl'ier I just didn't have any opportunity it read it earlier. And in my organization here I have organized it right out of the item. • ~ Meridian City Council April 4, 1995 Page 10 Kingsford: Any other discussion? Is there a motion for conditional approval. Let's table the development agreement first off. Morrow: So moved Tolsma: Second Kingsford; Moved by Walt, second by Ron to table the development agreement for Raven Hill Subdivision, alf those in favor? Opposed? MOTION CARRIED: All Yea Merkle: Mr. Mayor, clarifieation for me, so you as a Council do not approve the agreement until it is signed? And then after you approve it you sign it and it gets recorded? Kingsford: That is correct, we in fact don't even have that document at this point. We want to see a finished product. Is there a'motion on the final plat condition? Morrow: Mr. Mayor I would move that we approve the final plat for Raven Hill Subdivision subject to the approval and signing of the development and staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat for Raven Hill Subdivision subject to the receipt and the signing of the development agreement by the City and meeting staff conditions, all those in favor? Opposed? ITEM #10: TIME EXTENSION FOR TUTHItL ESTATES NO. 2 SUBDIVFSION: Kingsford: Mr. Smith do you want to give us an update on that? Brian Smith: Mr. Mayor members of the Council, the final plat for Tuthill Estates No. 2 was approved by the Council April 5, 1994. Currently the plat is at the City with a development agreement that is signed by the developer waiting to come before the Council. I believe that all the conditions other than that development agreement have been met and that is the last thing that we need to do. However, the one year time frame for recording the plat is up tomorrow which is why I am here tonight. It should be recorded if everything is accepted with the development. I would suspect that next council meeting it should be up before you maybe. It possibly could be recorded by the end of April. Kingsford: We have received the monetary compensation to record and so forth. • • Meridian City Council April4, 1995 Page 11 Morrow: If we have the money I would move to, Mr. Mayor I would move that we grant an extension of 3 months for the final plat for Tuthill Estates No. 2 Subdivision. Yerrington: Second Kingsford: Moved by Wa1t, second by Max to approve the extension for 3 months for Tuthill Estates Subdivision No. 2, a11 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: HISTORIC PLACES NOMINATION AGREEMENT: Kingsford: Counselor, do you have any update #o meet OVIr. Morrow's questions or maybe Mr. Morrow would like to direct those either to you or perhaps Frank who is here might be able to shed some light on that issue. Crookston: Mr. Morrow and I have discussed it I think it would be appropriate for Walt to make his comments (inaudible). Morrow: I had a couple of concerns with respect to that document. And I understand in talking to Wayne apparently that appears to be a done dea{. We submit $1200 to Plan Makers a check for $1200. As I understand wFien we activated the Historic Preservation Council there would be no monies come from the City ultimately. It is my understanding the grant fhat we applied for will reimburse us for this $1200 expenditure. It does say in this document that Plan Makers, if this building is tumed down as I understnad it keeps the money and I am assuming that we would keep the money in terms of reimbursement from the Historic Preservation Council. That has been cleared up by I believe Mr. Crookston and yourself. The other major issue or problem that I have with this at this time is that I don't see in this document anything from both property owners given the nature the problems that the property owners are currently having it appears to me and the other thing is that this sale is a contingent sate and it is only in earnest money. It appears to me that it would be in our best interest to have a document for those property owners requesting and agreeing to this recognizing that if their sale falls fhrough they are stuck with the preservation. Now what was totd to us was that their former buyer whose sale did fall through had requested preservation status so that they had to comp.ly with a less stringent building code and than the current UBC code of which we adopted a Historic Preservation UBC type code. So my concem here is that it seems to me it would be in the Gity's best interest to have a document coming from the Alidjani's signed by each recognizing what was going on here and that if their sale falls they are still stuck with a Historic Preservation. u Meridian City Council April 4, 1995 Page 12 • Kingsford: I think that is probably an excellent idea and I don't know why we don't just approve it based on that and then it moves forward as soon as they bring that in we are ready to roll. That is a good point Walt. Do you know Frank if you folks have been in contact with both of the Alidjani's, are they on board to do that? (Inaudible) Kingsford: Is there a motion then to that effect? Morrow: Mr. Mayor I would move that the City Council empower the Mayor and the City Clerk to sign the Historic Places Nomination Agreement subject to receipt from both Alidjani's a document from them requesting this and acknowledging the permanency of this nomination, and that the nomination will not if their eamest money falls the nomination and the status of this building will remain the same. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Mayor and the City C1erk to sign the Historic 'Places Nomination agreement conditioned upon receipt from both Alidjani's of their agreement to this particular nomination agreement and recognizing if their earnest money sale does not go through that they will still be obligated and the building will still have that designation, all those in favor'? Opposed? MOTION CARRIED: All Yea ITEM #12: DEVELOPMENT AGREEMENT: THE LAND.ING SUBDIVISION NO. 7: Kingsford: Is the Council aomfortable with that, do you have questions? Is it your desire to table? Morrow: I don't have any desire to table, I would yield to Shari and Wayne in terms of are we pretty well squared away here? Crookston: This was on my desk when I got here, I have not reviewed it. fVlorrow: I would rnove to table until the next meeting. (Inaudible) Crookston: I reviewed this one? I have reviewed one of these. • Meridian City Council April 4, 1995 Page 13 U Stiles: I made the changes that you had put on that on your copy and then gave a copy to Tucker Johnson. That is what he just signed and sent back. That was the one that had a comment about 1400 square foot minimum for the entire plat. Crookston: With the difference in the lots and things Iike that and they agreed with that?' Stiles: We talked about some of this was previously platted and that this portion of the property that was in #he old preliminary plat they would have that 1300 square foot minimum and the remainder of the lots would be 1400 minimum. Crookston: As long as they have met my comments and Shari says they have that is fine with me. ~ Kingsford: What is the Council's pleasure? Tolsma: (Inaudible) Kingsford: Well I think that wouldn't be inappropriate to condition upon Wayne's review and approval and approve me and Will to sign it conditioned upon the Counselor's positive review. Morrow: Okay, Mr. Mayor, I move fhat we approve the development agreement for the Landing Subdivision No. 7 subject to review and approval by the City Attomey, that we authorize the Mayor and the City Clerk to sign the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for the Landing Subdivision No. 7 conditioned upon the positive review of the City Attorney and authorizing the Mayor and the City CJerk to sign those documents after positive review, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: NON-DEVELOPMENT AGREEMENT WITH BRfGHTON CORPORATION: Kingsford: Questions or comments about that? Tolsma: (inaudible) Kingsford: Yes C~ Meridian City Council April.4, 1995 Page 14 Morrow: You are comfortable with fhis Wayne? Crookston: Yes I am . Tolsma: Mr. Mayor I would move we approve the Non-Development Agreement with Brighton Corporation. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Non-Development Agreement with Brighton Corporation, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you have a comment Mr. Berg? Berg: Yes, just one, do we, I don't believe we have a rough draft of any development agreement for Bedford Place. Stiles: Mayor and Council we do have a development agreement that has been submitted, I don't know if Wayne has reviewed that. I know 1 had a couple of problems with it that I needed to sit down with you on. Crookston: I don't recall right now without looking at my file whether I have seen it or not. I don't know what the status of it is, but if Shari has some concerns. Stiles: It hasn't been before you the development agreement, yet. Kingsford: That doesn't affect the Non-Development Agreement status does it Wayne? Grookston: No ITEM #14: WATER/SEWER/TRASH DELfNQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a pre- determination hearing at 7:30 P.M. April 4, 1995 before the Mayor and City Council to appear in person and be judged on the 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 on 4-12-95 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer, and trash delinquency? Seeing none I would entertain a motion to approve fhe turn off list. • Meridian City Council April 4, 1995 Page 15 Morrow: So moved Tolsma: Second • Kingsford; Moved by Walt, second by Ron to approve the turn off Iist, all those in favor~? Opposed? MOTION CARRIED: All Yea Kingsford: 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, their water will be shut off. fhe amount of the turn off list is $16,737.32. ITEM #15: APPROVE BILLS: Tolsma: Mr. Mayor I move we approve the bills. Yerrington: Second Kingsford: Moved by Ron, second by Max that we approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Kingsford: Mr. Smith? Smith: Mr. Mayor, Council members, I have a couple of things I would like to bring to your attention tonight. Wayne Crookston asked that I get your specific approval on a attorney's billing for the preparation of a license agreement for the Five Mile Creek Trunk Sewer line and the amount of that bill is $1264.50. That is typically a pass through charge that comes from the Nampa Meridian Irrigation Districts legal counsel to the person that or agency that is requesting the preparation of the license agreement. Morrow: Mr. Mayor I would move that we approve the billing from Ringert Clark Attorney's for the license agreement for Five Mile Creek Sewer Line Extension. Yerrington: Second Kingsford: Nloved by Walt, second by Max to approve of the bilf for Ringert Clark r~ ~ Meridian City Council April 4, 1995 Page 16 ~ Attomey's for the License Agreement for Five Mile Creek Sewer Line Extension, all those in favor? Opposed? MOTION CARRIED: AI1 Yea Smith: Thank you, the next iiem concerns the Five Mile Drain Trunk sewer and I just wanted to keep you apprised of where we are on that. The general contractor MASCO Inc. has submitted a bill to us, their first bill for the work that they have done in the amount of $100,298.17 and that I am not looking for approval of this tonight it is just an advisory thing. You have already approved the contract and this is all part of that previous contract approval. Morrow: Gary, would that be for payment on the 10th of the month? Smith: That is to be included in the next bills, right. Or in the bills from this past month payable by the 10th or 15th whenever the checks go out. Morrow: Is the amount of work completed as (inaudible) with their draw request? Smith: Yes, we checked all of that in the field and made sure of the quantities and so forth. Morrow: I don't have a problem with paying them. Smith: Skip down one item and talk ~bout basically the same project only this is on the water line extension and fhat is the work that MASCO is doing on Eagle Road which is also a bid contract awarded by the Council. This is their first invoice on that project, it is $144,732, they are getting real close. They have a short section fine to do adjacent to the hospital site itself and it will be done with that water line extension so they are coming along niceiy on that. Morrow: And there again it is (inaudible) with the amount of work they have done? Smith: Yes Morrow: And we have retainment with respect to inspection and those kinds of things? Smith: Right, we are keeping, we are retaining 5% on all of these projects. That amount will not be turned over to them until the project is finally completed. The next item that I wanted to make you aware of and I don't know that I need specific approval but, if you feel that I do this is on a an invoice from CH2M Hill, CH2M Hill is in the process of updating a . Meridian City Council Apri14, 1995 Page 17 ~ water master plan and this is John Wiskus with CH2M Hill is taking the master plan and going back through is and updating it with regards to our growth and our water needs. They have presented me with a bill for $4342.96 for this past work period. We are also of course employing them to help us in making our computer runs for our water models to make sure our system has capacity to serve the subdivisions that are being proposed for approvals. We are doing some of those as best we can, but we are having them do some also. Kingsford: Gary, did you have a chance to tafk to John about the possibility of a storage tank at Eagle Road and Franklin? ~mith: No, I haven't yet Grant. Kingsford: I think that still might be a not so bad idea. Morrow: How much is their contract for Gary? Smith: Well, I have a misc. engineering agreement with them and primarily that was to help us with the computer runs and misc. engineering work on the water system. I didn't have an actual contract for this work item. Morrow: And this master plan will be for what period of time? Smith: I think they are extending it to the year 2015. Part of this update has been inclusion of some capital improvements projects on the water system in the next five years; another look at what the sequence should be, timing as far as construction of our wells, our water storage tank, emergency generators that sort of thing. It is just generatly an update of what they did several years ago for us. The next item I have is a request for City aprpoval of an agreernent with Union Pacific Railroads called a right of entry agreement. This .pertains to the Five IVlile Trunk line sewer again. It is for fhat length of sewer that parallels Union Pacific Railroad from Five Mile Creek where we tie on and start back up along the north side of the Builders Masonry Products area. This is, what has happened here is we have had an extreme amount of difficulty in obtaining temporary construction easements from 3 property owners atong the railroad tracks. The next best thing was to go onto the right of way of Union Pacific Railroad utilize their right of way as a temporary eonstruction area. In order for us to do that we have to enter into a right of entry agreement with UPRR, pay them a fee of $700, contractor provides a certificate of insurance to them for $2 million each occurrence and $4 million aggregate for liability which they have done. The contractor signed off on their portion of the right of entry agreement but UPRR needs a motion of approval from the Gity Council authorizing the City to execute this agreement, that is the reason I am bringing it to you tonight. • Meridian City Council April 4, 1995 Page 18 ~ J Morrow: I have a quesfion here, now the contractor, that would be a legitimate (inaudible) providing that insurance or the $700? Smifh: I don't think that it is a major item, Walt, because they had railroad crossing, an underground pipe case crossing and they had to provide the same insurance for that. It is, just, all they did was photocopy the insurance certificate for that other crossing and passed that along to me. Morrow: I don't have a problem doing this. Kingsford: Is there a motion to allow me to sign that then? Morrow: Mr. Mayor t would move that the City Council execute the right of entry agreement with Union Pacific Railroad and authorizing the Mayor to sign and the City Clerk to attest. Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the Mayor and City Clerk to sign the right of entry agreement with Union Pacific Railroad, all those in favor? Opposed? MOTION CARRIED: Atl Yea Smith: Thank you Mr. Mayor, as you are probably aware we have got some problems downtown on East First Street with some of our landscape trees. Dennis Summers our Parks Superintendent came to me some time ago and was very concerned about the conditions of the trees and asked if he could put together a~ plan (End of Tape) They don't look very good, the trees don't because in my opinion they didn't receive proper pruning and care as one aspect. Ttie aesthetics of the trees are again in my opinion due to the way they were pruned. The Mayor and t have been through this before and with the contractor and I guess that is ~ast history now but Dennis Summers and Rick Heller did put together a plan to rejuvenate these street intersections need attention. I think you have a packet in front of you with photocopies of the intersections and the suggestions. Basically there are 4 intersections that need some attention. Figure one, I will put this up on the easel, I think you have (inaudible) small scale photo of that, is the Idaho and 1 st Street intersection. Dennis's proposal, Dennis and Rick's proposal is to replace 7 trees at this intersection. Let me pass out a list of the species of trees that they are proposing to utilize at each one of these intersections so that you can get an idea of the types. (Inaudible) Kingsford: We have a similar one yes. Smith: As you can see there are a number of different species, I am not up fo speed~ on ~ ~ Meridian City Council April 4, 1995 Page 19 these, Dennis and Rick have spent a lot of time and effort and I applaud them for the time and effort they have put in. They have talked quite extensively with Gary Fors from Northwest Turf here in Meridian and also visited with Boise City Parks personnel and their staff conceming the best type of tree or trees. Those that will be very good looking as far as the aesthetics, colors and that are hardy and will adapt to our weather conditions. As I said f igure 1 which is Idaho and East 1 st, there are 7 different trees that they are proposing to replace. The Mountain Ash and the Purple Ash No. 2 and No. 6 are actually white Ash trees. Boise City has had great success with the Ash tree species. Do you have any questions on this particular intersection? Morrow: Gary, candidly I don't have any questions on any of the intersections in terms of what it is we are trying to do. I don't know the difference between a White Ash, Purple Ash, Royal Crab or any of them. So I don't (inaudible) the bottom line for me is how much is this going to cost us and is the money budgeted? Smith: Yes it is, the money is budgeted. All 12 trees that Dennis and Rick are proposing to replace amount to $2000 and that includes the remov.al of the existing trees and the planting of the new trees. So in terms of cost per tree it, is an outstanding value. Tolsma: Are these trees going to be replaced with the (inaudible) Smith: Same specs in terms of the caliper? They are 2 inch caliper trees. Tolsma: So basically they will be the same size as what went in there when we designed the project? Smith: Yes except these will look Iike trees instead of a bush on a stick. Tofsma: There have been several comments about that. Morrow: That much I understand. Kingsford: Gary, I guess one of my concerns, and I applaud Dennis and Rick for their efforts here. I think it might behoove the City if we were to maybe on the same kind of a format as we used during that project to advise the owners of the property that those are City trees and not to be butchered up by the folks that happen to have them sitting in their easements. I have some concern that everyone is going to take their own little shot at them up and down the street and t think there needs to be some consistency. Smith: You bet we certainly can do that. . ~ Meridian City Council April 4, 1995 Page 20 Morrow: Do we take 100% (inaudible) welt tell them that the responsibility to maintain them is ours? Kingsford: We are going to do the pruning and care of them, spraying and that sort of thing. I think in many instances it is their obligation #o water. Smith: Any of the frees that are outside of the watering system that we have that is correct, it is the property owners responsibility to water them. Kingsford: I think we ought to reiterate that too. I would just like to offer one comment with regard to the appearance of the trees. I am not sure it is all pruning, I don't think it was the proper tree in the first place. Smith: That has been brought up too. Kingsford; I think it is a combination of a couple of things, but I think they are not going to get any better, a bush on a stick is probably a good definition for them. Morrow: Let me ask you this, do we have any salvageable vatue or any place we can put those trees where fhey will work out? Smith: Dennis can you answer that question? Summers: The trees are infested with (inaudible) I have talked to the Boise Parks (inaudible) Morrow: So how do we get the new trees from getting cankers, they are not susceptible to that? Summers: Yes they are (inaudible) Morrow: How did we get cankers in the first place? Summers: We got that from the (inaudible) mites, (inaudible) its Iike a btister. Morrow: So this new program we will have in place then these trees that we put in won't have a problem with that? Summers: No it will not. Smifh: Correct me if I am wrong, but the Locust trees are more susceptible to the mite • Meridian City Councif April 4, 1995 Page 21 • problem is that correct, and these trees are not. The mites were just a continual problem, Dennis was having them sprayed I don't know 3 times a year, 4 times a year to try and control the mites. That was a problem Tolsma: Didn't we almost run into a problem out there (inaudible) Summers: (Inaudible) Smith: So no salvage value, sorry sir. Also, you see on that hand out there are some future replacement trees that Dennis and Rick want to handle and we will pick those up as soon as we can when the budget permits. These 4 intersections were a main concern to them. Morrow: I have one last question, did you guys prepare this presentation? Smith: Yes they did. Morrow: This is a very nice presentation, I understand, I don't know what know the new trees look like, but I understand the case for replacing them because the old tree scenario (inaudible) very well done. Smifh: Thanks to Dennis and Rick both. Kingsford: Are you asking for approval of that Gary? Smith: Yes sir. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the replacement program for the intersections, trees as specified figures, 1, 2, 3 and 4, all those in favor? Opposed? MOTION CARRfED: Alf Yea Kingsford: Anything else Gary? Smith: No sir that is all I have. Kingsford: Acting Chief? • Meridian City Councii April 4, 1995 Page 22 (Inaudible) Kingsford: Shari? • Stiles: Mayor and Council we always receive letters from people requesting that they be able to sewer to Boise City. In the last 2 weeks we have received another 2 requests. One of them is right next to what Gary Voigt is developing on the Comer of Eagle and McMillan, it is a Baptist Church, Ustick Baptist Church, they have made a request. Also, there is another woman where half of her property is in the other impact area and the other is in ours. I didn't know, Will thought it would be best to bring this up and ask you how you want me to respond to those people. Would you rather them come before you, do you want me to just say not just no, do you want to look at them at a site specific. It is going to be a continual problem until we just decide how we deal with it. I also can use your help still with Ada County Planning or Ada County Commissioners on the impact area. I think it is pretty important that all of you contact those Commissioners and let them know what we expect. To date any letters that have been written have not had much impact. Do you have some direction for me on what to tell these people. To tell them absolutely not or what? Kingsford: Comments from the Council? Morrow: I guess my comments would be and I have said it before, I don't agree with anything with respect to the concept that is being done of the 1/4 east, north, south whatever direction it might be from section lines and I think thanks to the Meridian School District we ended up with a mess in the NE corner over there. The vehicle for Boise City to cross Cloverdale Road was the school district and the sewer issue. And t fihink if we grant permission for onsies and twosies to hook to the Boise sewer then all of a sudden that is basically granting permission for that property to go. It is not very big jump and Boise City is rushing as fast as they can to put as much in terms of improvements as they can in the ground to cement their position over there although it doesn't make good sense from any point of view that I can se.e. So I guess my position would be is that no we do .n't because once the thing is hooked up to fhe Boise City sewer then 2 things could happen, one is that it is a very small step to have fhat ground lost in terms of impact area and secondly at some point in time is that property going to be re-hooked up to Meridian sewer. I don't see that's happening, that is an argument that doesn't get very well won. So it seems to me Iike the position of the City ought to be firmly fixed and that we ought to aggressively pursue the County Commissioners to kind of stop this stuff. Potentially what has happened is that we have gone from a point over the last 3 or 4 years of orderly growth both for fhe City of Meridian and the City of Boise to a position now where in this NE comerwe could have 12,00.0 people there in the space of a very short period of time and talk about urban sprawl. It appears to me that all we would be doing is contributing • Meridian City Council April 4, 1995 Page 23 • to that by allowing small groups to hook up to Boise sewer because the next thing is it would be Boise water and then other things. And then it is a real short step for Boise City Council to say we are servicing the area so we ought to zone and annex it into our City. So that is how I see the issue. Kingsford: O#her comments of the Council? Tolsma: My sentiments exactly. Kingsford: I guess probably it would be appropriate to have a motion from the Council to deny requests within our area of impact. Morrow: I would move that we deny any request to hook up to the Boise City sewer or any other Boise City services that lie within our area of impact. Yerrington: Second Kingsford: Moved by Walt, second by Max to disallow the hook up of sewer or water or other utilities for the City of Boise within our area of impact, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Shari? Stiles: Just on a related note, I don't know if any of you noticed it in the Statesman in the last week to ten days, they have passed an ordinance for that. So if we can get hot and heavy with them and get them to see our point of view, I don't know that there is anybody there that fully understands the issues and they have had conflicting reports that we wouldn't be out here for 50 years. Morrow: Who passed the ordinance, Boise City? Stiles: The Ada County Commissioners. Morrow: The Ada County Commissioners passed an ordinance for what? Stiles: Removing this from our impact area, but that was it. Morrow: So they have never recognized our Comprehensive Plan? Kingsford: They have never approved our Comprehensive Plan, they have never • Meridian City Council April 4, 1995 Page 24 • approved our map, I think was their comments. Anything else Shari? Wayne? Crookston: Nothing Kingsford: Walter? Morrow: In our last Tuesday night meeting we were going to be dealing tonight with some personnel policy issues with respect to sick leave, vacation, bereavement leave, and Will was supposed to explore with, who was the outfit Will? Berg: Bob Corrie was supposed to get me some names and phone numbers from IEC services. Morrow: To explore about hiring them to do a policy manual thing. Berg: Yes, and Bob Corrie told me that the Mayor had some kind of brochures or information concerning that information, but Bob was going to give me a contact person and he never, he feft town and never did give me that. I did talk to Jo Bolen and I got some people to call. I have not made contact with them. Morrow: Okay, so we are pressing on with our prototype, do we tonight want to talk about the issues of how much carry over vacation there is and how long you accumulate sick ieave and is there going to be a pool for sick leave and what bereavement Jeave is going to be and so on and so forth in terms of some of the topics we discussed the other night. Kingsford: Well, I wasn't' there so I guess I would acquiesce to your guys judgement. I wouldn't mind if the dialogue continued a little so that I had come feed back from you as to that meeting. Tolsma: Did you get fhe stuff from Chief Gordon (inaudible). KingSford: We had some stuff from Caldwell and Nampa I noticed in there, 1 kind of looked fhrough that. Tolsma: (Inaudible) Morrow: I think that what we do is I have seen the stuff from other places that has been submitted and quite candidly I have Very little experience in this arena because in my world no work no pay. As I have read through these other things that have been submitted it looks to me like we set up a policy for our City and for our folk and I quite candidly don't care what Caldwell's policy is or Nampa's or whatever else. • Meridian City Council April 4, 1995 Page 25 Tolsma: (Inaudi6le) Morrow: I understand fhat Tolsma: (Inaudible) • Morrow: I guess what I would like to see is something that is fair, but not excessive. I think things like the concepts that came out with respect to having a committee. For each individual to carry a certain amount of vacation time and a certain amount of sick leave and then the rest goes into a pool that we would cap at the number of hours and have a committee of Department Heads be able to give out time from that pool to somebody that is severely injured or severely ill or whatever the case may be. It seems like a democratic way to do it and a fair way to do it and a motivational thing. My concern is, and I don't see us as a City buying out sick leave when somebody chooses to retire. I don't see carrying over a lot of vacation time. So those are some of the things Tolsma: (Inaudibl.e) Morrow: I don't have any problem with deferring for a short period of time until we can kind of talk some more about it. Kingsford: I'd appreciate it if you guys were willing to do that. Morrow: 1 guess from my perspective I just want to see the thing move forward and get it done and get the package on line. The final thought I would say that and I don't have a problem with fully vesting long term employees that have been with us a long time whatever we adopt 100% vesting them at date of adoption. I think that makes a certain amount of sense also. Those are my thoughts. based on our discussion Iast Tuesday. Kingsford: Anything else? Morrow: That is it. Kingsford: Max? Yerrington: Nothing Tofsma: Nothing Kingsford: Will Berg? Lila? . . Meridian City Council April4, 1995 Page 26 Hil~: A couple of things, I think you have some questions. 1 think we may be in danger of losing our grant because it has not been acted on. Kingsford: I don't know whether Frank advised you, we did approve of that tonight only conditioned upon receiving a document from both of the Alidjani's saying that yes they will agree to that in the event that the conditioned sale does not go through they will still maintain that status and so qn. Hill: That status is, has no binding effect on the property at all. All they are doing is making the nomination, it is cafted a nomination but that is really not a proper terminology, making a statement to the National Park Service that the building is worthy of that designation. It has no binding effect upon the property owners at all. The only thing it really does is it says you cant' change the outside appearance of the building. You can do anything you want to inside, but you can't change the outside appearance of the building and if they choose to move the building then it goes on their register. It is merely a listing of the historic properties in the United States, but because it is a unique building we felt like it needed to be on and the State Historical Preservation (inaudible) but the grant was approved severat months ago. We picked someone to wrife the grant who is approved the National Park Service, he had time at that time, now we are delayed almost 3 months from the time he agreed to do and quite frankly I don't know if we will get it done. One of the reasons I came in Will called and said you had some questions but we (inaudible). The Historic Preservation Office is going to have 2 people at our Historic Preservation meeting next Tuesday night before the City Planning and Zoning meeting we meet at 6:30 and I would like to invite all of you to come and ask them questions beaause we seem to have a lot of misunderstanding here as to what the process is and how it is to be done (inaudible). I just hope we haven't je~opardized the whole project (inaudible) because the historical society guaranteed to grant the funds it was not City's funds at all, we would be paying those (inaudible). I am really getting a little hot under the collar with the (inaudible) because John was ready to start on this he had all the information, that was 6 weeks ago. So if some of you can come to the meeting Tuesday night at 6:30 it might help clarify some of these issues. Are there any other questions? PCingsford: Any other questions of the Councit? Thank you. I believe that is the agenda, is there a motion to adjourn? Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to adjourn, all those in favor? Opposed? i Meridian City Council April 4, 1995 Page 27 MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:42 P.M. APPROVED: • OR - GRANT . K N SFORD ATTEST: WILLIAM G. BERG, JR., LERK . MERIDIAN CITY GOUNCIL• AGENDA TUESDAY, APRtL 4, 1995 - 7:30 P.M. CITY CDUNCIL CHAMBERS MINUTES OF PREVIOUS MEETtNG HELD MARCH 21, 1995: a~P~'ov.~d, 1. AMENDED FINDINGS OF FACT AND CONCLUStONS OF LAW FOR REZONE REQUEST FROM R-4~0 L-O BY JAMES AND JEAN FULLER: ~c'PPro~'~ ad,~e~~cted ~'/~' C'lL ~~j~rovt d¢cia"i~,J G/~ ~~~y rrn~~a~~ 2. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST TO R-8 BY MIC~-#d4EL GAMBLIN: rZp~r~v~e ar~ewoGeQ' ~,G'~~' ~`cll ~~iP~z~.~ cle~~'i~ ~~h~ a~l~.~, {o~o~-ePt-~,v ~ 3. ORDI'NANCE #698 - GAMBLtN REZONEIL-0: a~~~~-e- 4. ORDINANCE #699 -.WATERBURY PARK NO. 5 SUBDIVISiON: ~p~v.~ 5. ORDINANCE #700 - BRAMI6LE WOOD SUBDIVISION: ~~~,~~,,~ 6. PRELIMINARY PLAT FOR BRAMBLE WOOD SUBDIVISION: Q~oPrv~e ~~:~:-J 1'-~~ ~~ ~.r 7. FINAL PLAT: AVEST PLAZA, 10 LOTS BY AVEST LIMITED PARTNERSHIP: ~~~r~~-~ ~~S~~~t fb ~'//f ~ 6.Q~~K~d, L o~~,6e~ ~cl~,~aef~~~, ~e~~hy f~~~ 8. DEVELOPM NT AGREEMENT: RAVEN HILL SUBDIVISION: C9mM ehts ~~~Z ~%~ ~ ~v.e%,~- ~..~,6/~ ~ ~.,~~ -~ 9. FINAL PLAT: RAVEfV HILL SU1BDIVISION, 67 LOTS BY ALLAN CHANDLER: ~Pj~~vro ve~ J'.~~,%2c-f ~o d"i~ d//9 a n d sn ee~t d'~~.~~{ e o~N ".e~..fs 10. REQUEST FOR TIME EXTENSION FOR TUTHILL ESTATES NO. 2 SUBDIVISION 9 ~-°.~.~-/ ~p~,~~o ~.~ ei~.~d,,,~.. ~. 3 ~,...~-~~ 11. HISTORIC PLACES NOMINATION AGREEMENT: a-~,or~~e ~~~' ~ e'~~ ~Q~"~ f~ ~'~r6~/~e~t -fv ~2f~k- f a~/~yiow/e~f~e ~i-or.~ ocUh.e.rf 12. DEVELOPMENT AGREEMENT: THE LANDIN1G SIDBDIViSION NO. 7: a~~IJ^v/~ l~~~or `fl C'~~ ~,/Q~.L ~ J'~,~` ~o//~ w~~OdJi~i~~e /''~vi2w ~o~ L~i~y a~~rK~y 13. NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: ~ p~ ov.e.,, ~l 4~ 14. WATER/SEWERlTRASH DELINQUENCIEB: ~prov~ 15. APPROVE BILLS: w~p~~~ 16. DEPARTMENT REPORTS: A. GARY SMITH, CiTY ENGINEER: 1. PUBLIC WORKS BILLS: • KINGERT CLARK ATTORNEYS - UCENSE AGREEMENT FOR FIVE MILE CREEK SEWER LINE EXTENSION: • CH2M HILL - WATER MASTER PLAN UPDATE AND MISC.: • MASCO - EAGLE ROAD WATER LINE EXTENSION: 2. DOWNTOWN CITY TREES: 3. RIGHT OF ENTRY AGREEMENT WITH UPRR: ~ CITY OF MERIDIA~ PUBLIC MEETING SIGN-UP SHEET ~~ ~~~~ NAME PHONE NUMBER _~ . ~ • • ~: DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 04/12/95 ACCOUNT # NAME & ADDRESS AMT. PAST DUE 1---170 HOWARD J. BOYLE 90.20 721 W. 3RD ST. 1---310 CLARENCE CONNER 45.30 604 W. BROADWAY AVE. 1---890 STAN LANTZ 70.20 608 W. 3RD 1--=930 MICHAEL STILES 47.30 223 W. BROADWAY AVE. 1--1280 TECO INVESTMENTS 67.10 809 W. 2ND ST. 1--1330 KAY LOUISE ESTES 36.00 813 W. 3RD 1--1340 KATHERINE LUCAS 60.60 803 W. 3RD 1--1370 JOEL L. CUNNINGHAM 47.30 805 W. 4TH 1--2010 RICK S. WISDOlVI 60.50 323 W. IDAHO AVE. 1--3400 ROSALIE WII,LIAMS 57.20 433 W. PINE AVE. 1--3510 EARL & K. BRINEGAR 86.90 205 W. PINE AVE. I: ;~ y . • • • ~ ~ I 1--3520 KENT FLT~3RMAN 211.30 830 W. 2ND ST. 2----70 CYNTHIA THOMAS 44.00 922 W. 2ND ST. ~~ 2---110 ii DAVID SANTISTEVAN 42.00 ' 230 W. PINE AVE. ~ 2---424 BRADLEY YOLJNG 39.65 ' ~~ S39 W. CRITERION ST. , 2---466 WII,LIAM & K. VICK 73.70 ~ 673 W. APPLEGATE ST. i, ~ 2---526 DAVID L. MOSSI 86.90 ;~ 1032 W. 8TH ' 2---680 AUSTIN L. YOITNG 70.40 ~ 918 W. lOTH ST. ,, 2--1190 A. TERRELL / L. JOY 73 . 70 ~ 1324 W. 1 ST ST. ~ 2--1470 MARGO MAXWELL 57.20 ! 1405 W. 1 ST ST. ~ 2--1510 ' MARK MANWARING 60.50 1305 W. 1 ST ST. ' 2--1560 DAVID DOMKA 47.30 ; 1404 W. 2ND ST. i' ;~ 2--1610 DENICE DESILET 60.40 1502 W. 2ND 2--1970 KERRY L. LARSON 82.70 '~ ~ 225 W. MAPLE , ' 2--2280 RICHARD SCHERER 80.30 ~ ; 201 CHERRY AVE. ~ ~' 2--2320 RUSSELL L. MCFARLAND 113.10 i~ 1217 W. 1 ST ST. ~ . 2--2490 MANUAL BARROSO 52.40 330 CHERRY AVE. 2--2550 PAL1L PACK 76.80 1313 W 4TH ST. 2--2748 PAUL PACK 60.50 ~ 1323 W. 4TH ST. 2--3180 WALTER RYAN 60.50 1131 W. 7TH ST. 2--3360 R. W. VANTRIES 44.00 624 W. CARLTON AVE. 2--3570 D. J. STANI,EY 209.90 1122 W. 4TH ST. 2--4520 PATRICIA R. WILLIAMS 67.10 , 1409 W. 13TH ST. 2--4550 TOMMY VINCENT 70.40 .1329 W. 13TH AVE. 2--4590 JOHN CARNAHAN 47.30 1231 W. 13TH ST. 2--4720 DAVID HENDRIKSE 62.40 1324 W. 14TH ST. 2--5160 JACK WARD 44.00 1407 W. 14TH ST. 2--5650 KENNETH WEATHERS 71.60 1527 W. WASHINGTON ST. 2--5670 JAMES R. RANSOM 70.40 1017 W. 15TH AVE. 2--5850 PHILLIP A. DUPEROUZEL 73.15 1406 W. CARLTON ST. 2--5890 ~ KAY FEIL 44.00 1036 W. 15TH AVE. . ~ 2--6160 RAYMOND MARTINEZ 57.20 ~ 1125 W. 11 TH ST. 2--6440 FREDRICK J. SHADDICK t46.30 1002 W. WASHINGTON DR. 2--6670 DAN FRASIER 110.00 1180 W. STATE ST. 4--1754 MARK PRYOR 73.70 2553 W. SHERYL ST. 4--1768 ERIC & •L. PITZER 34.30 2520 W. WII,LARD ST. 4--1776 BUD LANSING 60.50 2628 W. WiI.LARD ST. 4--1878 GARRY SHIRLEY 67.20 1472 N. TINA MARIE AVE. 4--2132 DOUGLAS WALSTON 70.40 2015 W. SANTA CLARA DR. 4--2308 CHARLES BUTTERFIELD 139.70 1475 N. SANTA ROSA PL. 20---66 BEAUX CONSTRUCTION 59.00 4200 W. PLUMROSE DR. 20-1510 JAY D. ALLRED 70.60 1855 N. OAK HII,LS DR. 20-1618 JON & C. WAGNII,D 44.00 1740INTERLACHEN WY. 20-1760 E. DALE ESKRIDGE 56.58 3624 W STANWICH DR. 20-1784 BRYAN J. KINDALL 81.50 3840 W. WOODMONT DR. 20-1846 MICKEY L. WARE 93.50 3721 SEA ISLAND CT. ~ • 20-1984 STEVEN FEASTER 47.30 3777 QUAKER RIDGE DR. 21---28 DAVID L. KEMP 47.30 1860 KRISTEN WAY 21---62 CINDY MCKAY 87.20 2246 LEANN WAY 21--582 MARJORIE CHANCE 60.50 2606 W. PEBBLESTONE CT. 21-1148 RONALD RADFORD 62.30 2370 N. MAXIE WAY 21-1172 RICHARD FALK 57.20 2375 LEANN WAY 21-1176 NIICHAEL ARMSTRONG 90.20 2510 W. CHATEAU DR. 21-1480 BETTE LESTER 232.50 2663 W. CHATEAU DR. 21-1590 DAVID VV~-IITTEN 70.60 2151 TODD WAY 21-1776 LONA FOREMAN 44.00 1920 TODD WAY 21-1820 MARK DAVIS 50.50 2001 TODD WAY 21-1870 DOUGLAS SCHOPPELREY 57.20 2644 REBECCA WAY 21-1890 BOYD BOWER l 21.20 2560 MISTY DRIVE 21-1894 CLINTON BARNHART 83.60 2580 MISTY DRIVE 21-1920 KONNEL PETERSON 67.20 2512 REBECCA WAY • • 21-2116 ROBER'I' L. GILBERT 47.30 2891 W. GElVISTONE DR. 21-2254 DAWN ANDERSON 69.60 1957 N. SWAINSON AVE. 21-2920 KEVIN & B. CROFTS 276.40 . 2931 W. ELK STREAM ST. 21-3018 GORDON LARSON 63.80 2887 N. HEARTH AVE. 21-3070 . KIMBERLY DECK 75.05 2921 W. JOUST ST. 22--312 STEVEN M. CANTRELL 73.70 1750 W. CHATEAU DR. 22--338 JEFF R. BURROUGHS 87.00 1861 TRACY COURT 22--886 MICHAEL HAYHURST 61.30 2148 N. GLENNFIELD WY. 22--922 RODNEY D. BRADY 60.50 2155 MONACO WAY 22-1338 JOHN HARDING 60.50 1927 W. MCGLINCHEY ST. 22-13 56 MARVIN L. KERB S 110.00 1983 HENDRICKS CT. 22-1412 MARTIN DUARTE 60. 50 1803 W. MCGLINCHEY ST. 22-1420 DUANE DAVENPORT 53.90 1719 W. MCGLINCHEY ST. 22-1466 MARCUS SHELDON 67.10 1710 W. HEIVDRICKS ST. 22-1524 CARL L. KOCH 63.80 1994 SANDALWOOD DR. • . ~ 22-1596 PAUL GIAUQUE 120.00 ~ 1767 BEARDON CT. ~ 22-1634 EVA LOUISE REED 50.60 i 2291 N. LINDER RD. ~ 31--140 ~ NICHOLAS CORRAL 63.80 1300 W. YOST CT. 31--190 BRET & D. STEPHEN 73 . 70 ; 1965 NW 12TH ST. '~ 31--486 ; EDMUND MCDILL 127.70 ~ ~ ,, 1501 SANDALWOOD DR. '` 31--488 EDMUND MCDILL 118.00 ~' ~~ ~ 1457 SANDALWOOD DR. ,~ 31--535 ROBERT L. MILLER 73.70 ~ 1521 KINGSWOOD AVE 31--608 MICHAEL WALKER 116.60 i 1333 NEWPORT I~R. ~ 31--790 DONN CLARK 44.00 i 1304 FAIRWOOD DR. 31--822 JOHN MCKAY 99.70 , ~ 2132 NW 12TH ST. 31--840 GERALD R. BARNOWSKI 116.60 , 1312 TANA DRIVE ' 31--866 VICKEE K. LARSON-POOLE 67.10 ~~ 1 1328 W. CHATEAU AVE. ~~ '' 31--886 JOHN RADLER 38.00 ~ 2410 LINDER ROAD 31-1028 MERTON LOGUE 53.90 ~ i~ 1341 DARRAH DR. 31-2218 JOYCE GASKELL 80.40 ~; 2664 NW 13TH ST. ;{ ~ ~ ~ ~ ~ . , , 31-2224 . KIMBERLY SEUBERT 110.00 2724 NW 13TH ST. 31-2230 TAMI WATTERS 60.50 2691 13TH ST. 31-2274 FAYE WILLIAMS 57.70 1312 CLAIRE ST. 31-2288 ~ REBECCA GARR 44.00 1408 LOWRY ST. 31-2300 DOUGLAS S. HALLOCK 90.20 1532 LOWRY ST. 31-2322 BRADLEY PRICE 123 .20 1462 CLAIRE ST. 31-2992 PALTL E. PARKER 87.00 2239 NW 15TH ST. 31-3002 DAVE CHRISTENSEN 90.30 2240 NW 15TH ST. 31-3034 MARILYN EDWARDS 44.00 1311 W. CHATEAU AVE. 31-3050 DEBRA FRENCH 44.00 ~ 1065 W. CHATEAU DR. 31-3058 DOROTHY L. HARBOUR 86.90 940 W. CHATEAU DR. 31-3060 DAVID BASTIAN 91.30 960 W. CHATEAU DR. 31-323b VICKIE HRUSKA 67.20 2267 NW 11TH ST. 31-3250 SHIRLEY WARE 91.00 1131 DELMAR DR. 31-3256 RICHARD C. GRIGG 67.10 1120 W. KINGSWOOD CT. ii ~ . ~I ~ • • ~ 31-3272 KATHY LAYNE-WHITED 60.60 ~ 2095 NW 11 TH AVE. ' 31-3282 ALMA CLAJUS 139.70 !~ , 1190 W. NEWpORT CT. ;j 31-3 3 94 PHILIP R. CARROLL 70. 60 ; 1080 DELMAR DR. 31-3406 MARY H. IJLIN 78.50 ~ 1111 FAIRWOOD CT. ~ 31-3414 DAVID J. STINGER 48.40 ' ~ 1053 FAIRWOOD CT. ~~ 31-3458 DARRYL HOPKINS 141.90 ~ 2048 NW 9TH PL. ! 31-3474 SHAWN MCDONALD 83.60 ~ 2082 NW lOTH PL. 31-3514 GEORGE OSTLLJND 50.10 ~j I 1786 NW 11 TH AVE. 31-3560 DONALD FICKES 97.90 ' 1016 STOREY AVE. ~~ i 32--230 LEONARD MCFADDEN 143.00 i 104 W. CHERRY LN. ~ 32--458 T'HOMAS D. HORNE 47.30 2130 NW 8TH ST. ~ 32--566 BARBARA J. HICKS 85.10 1919 CRESTMONT DR. 32--586 LINDA L. PADDOCK 132.00 ' ~ 1717 CRESTMONT DR. ' 32--830 JOHN G. CARMONNE 90.20 482 W. WII.,LOWBROOK DR. ~ ' 32--852 GREGORY BEEBE 64.00 ~ 567 W. WII,LOWBROOK DR ' ~ • • 32-1154 WEDNESDAY RICHARDSON 44.35 361 W. CHRISFIELD DR. ~ 32-1254 MICHAEL MERS 156.20 ~ 134 W. WATERBURY DR. 32-1284 EDWARD WILLERT 72.60 ' , 428 W. WOODBURY DR. 32-1356 JAKE COOK 53.90 317 N. PARKBURY AVE 32-1678 STEVEN HEZELTINE 60.50 121 W. WATERBURY DR. ~ 33--108 AMERICAN TEXTILES 57.20 200 E. FAIRVIEW AVE. 33--196 ~ A SMALL WORLD DAYCARE 312.50 ' 1830 N. MERIDIAN RD. 33--206 TRUDY COMBA 769.80 i 1830 N. MERIDIAN RD. ~ 33--348 IVA KISSINGER 27.80 ~~ i 1990 N. MERIDIAN RD. i 34--366 RONALD PETERSON 70.40 1926 JERICHO RD. ~ 34--832 MICHAEL R. PLETCHER 47.30 968 E. BLUE HERON ST 34--910 CALVIN EDWARDS 90.30 1223 E. HUNTER DR. 34-1036 RONALD LANDON 60.50 ~ 1288 E. HLJNTER DR. ~ 34-1806 ERMINE DAVIS 67.10 i 1014 CLAYBOURNE DR. 34-1888 RANDY C. MARCLTM 80.20 i 2132 N. LARK PL i ~ • ' • 34-1898 REX S. EDINGER 44.00 2111 N. LARK PL 34-1960 PROFILE HOMES 36.30 • 989 E. WII,LOWBROOK DR 34-1976 MARJO LACROIX 57.20 1028 CLARENE ST. 34-2042 JOHN WENNSTROM 88.60 1883 TEARE AVE. 34-2104 HEIDi TYLER 53.50 1034 TAMMY ST 34-2128 JON KIVIGHT 86.90 1025 CLARENE ST 42-1966 CLAY A. BAR.RY 80.30 1960 E. MEADOW WOOD ST 42-2102 S'TEPHAN WILLMORE 53.90 2286 N. WINGATE PL 42-2252 BRAD L. MCKINLEY 80.30 2220 E. CHATEAU DR. 42-2404 PHOEBE ROSE 47.00 2277 N. LOCHNESS WY 42-243b THOMAS C. LEONARD 73.70 1632 E. LOC~IlVIEADOW CT 42-2496 LESLIE SIEMON 86.90 1961 E. GLENLOCH ST. 42-2582 LORRI CHAPMAN 65.60 2542 N. MEADOWGLEN PL 42-2742 JOHN MCNULTY 50.40 1869 E. MEADOWGRASS ST. 46--326 CASEY MCDONOUGH 44.00 3582 E. EISENHOWER DR. • ', 50---12 PALTL H. SMI'I'H 29 E. STATE AVE 50---90 ROBERT HENDRY 515 E. STATE AVE 50--204 JERRY HOLLOWAY 416 E. STATE AVE 50--208 MIKE CLAUNCH 338 E.STATE AVE. #2-N 50--226 JAMES HOWELL ~ 234 & 236 E. STATE AVE 50--464 ANTHONY STOPPELLO 1128 E. STH 50--726 C.F.I. INVESTMENTS ~ 364 E WASHINGTON AVE SD-1380 GARY TIMSON 1302 E. 1 ST ST. 50-1392 ROBERT G. SPENCER 1326 E. 1 ST ST. 50-1472 WHITE WATER SALOON 1646 MERIDIAN ST 50-1606 LEE SELLS 1323 E. 1 ST ST. 50-1706 STEVE HUNT 16 E. WASHINGTON AVE 50-3754 LAWRENCE FRENCH 1589 E. BUCHMAN CT 50-4004 TROY PALMER 1040 E. PINE AVE 50-4486 DAVID W. KETTLES 520 E. PINE AVE • 53.90 47.30 63.80 80.30 107.80 73.70 51.00 34.00 77.00 125.20 95.20 86.82 37.50 53.90 52.80 ,~ ~' , ;) ~ • • ~ ~ 50-4578 RONALD LARSEN 67.10 i 214 E. PINE AVE. '~ 50-4582 CAROLE BARRIETUA 94.80 , 914 E. 21VD ST 50-4598 RAY ATKINSON 226.20 ~ 124 E. PINE AVE ~ 51--306 MONIICA LITTLE 74.70 ~ i 412 E. BROADWAY AVE 51--346 GORDON HEATH 54.00 ' 226 E. BROADWAY AVE 51--454 ~ R. B. NIET,SEN 116.00 - 725 E. 2ND ST. ; 51--738 KELLY A. GWII,LIAM 59.80 302 E. IDAHO AVE. ~ 51--902 WII,MER P. SWETLAND 47.30 ' 505 E. PINE AVE. ) ;, 51-3210 STEVEN D. RYKER 44.00 ; 234 E. WILLIAMS AVE. 51-3234 GARY R. KNOX 57.30 ~ ~ 205 E. 2ND ST. ~ ~ 51-3310 NIlLDRED ROGERS 42.00 ~ 226 E. 2ND ~ 51-3430 ROBERT D. STRASSER 44.00 i 218 E. KING ST ;i 69---56 STAIVI.EY ANDERSON 73.70 1945 S. WE~VJ[~~RANER WY 69--528 ~ MARVIN FIEI,DS 57.72 ' 1044 E. PEACOCK ST. ~ 69--568 ROGER J[JDGE 63.80 1107 E. SHEPHERD ST. ll ' i ~ II • • i 69--752 JAMES EWING 34.00 1647 S. GOLDSMITH AVE , 69--776 MARTY GOLDSMITH 96.70 ' 1670 S. BLACKSMITH PL ~~ 69-1616 ANTOrTIO ALONSO 133.10 , 1928 SE STH WAY ~ 69-2298 ~ SCOTT JOHNSON CONST. 44.00 ~ ~ 1895 S. MARSHWOOD PL ~ 74---18 ALFRED HOCKLEY 55.20 '~ ~J 43 SW 7TH AVE. . ~ 74---80 ~1 RICK R. BURWELL 77.90 513 KEARNEY PL i ; 74--316 KENDALL B KELLY 63.80 i 604 PENNWOOD ST. ~ 74--350 GARY E. FRANK 162.10 638 HANOVER CT '! 74--670 LESLIE MAY 71.00 654 BARRETT ST ;~ 74--708 GARY E. FRANK 70.60 ~ 140 SW 7TH AVE a ~ 74-1104 DONNA WIEBER 41.40 37 ROSE CIRCLE ~ 74-1478 JOHN DANZER 24.00 ' 613 S. MERIDIAN S'T. 74-2338 ROB PUCKETT 80.30 ;~ 184 LYNWOOD CL. ~ ~ 74-2558 DENNIS CHASE 50.60 1065 W. PENNWOOD ST 74-2714 DARLENE GIVENS 73.80 ' ~ ~ I 1010 CRESTWOOD DR ;, ,~ / i ' ~, ,, ' • • 74-2764 BRYAN K. ROPP 63.80 1476 W. CRESTWOOD DR 74-2876 TRACY USSERY 80.30 1345 W. MERGANSER DR 74-3010 HENRY BROTZMAN 77.00 669 S. CANVASBACK WY 74-3084 GARY PRICE 60.50 1112 W. LOON ST 74-3248 , RICHARD GARNER 67.10 495 S. PELICAN WY 74-3300 DONALD L. MOORE 57.20 1244 W. GREENHEAD DR ~OTAL DUE: $16,737.32 ..~, .i ;. ~ ~~~ ORIGII~AL BEFORE THE MERIDIAN CITY COUNCIL JAMES and JEAN FULLER , APPLICATION FOR REZONE NORTHWEST CORNER, INTERSECTION OF CHERRY LANE AND TEN MILE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 21, 1995, at the hour of 7:30 o'clock p.m. Testimony was presented in favor of request, and also in opposition thereto. The City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of law. FINDINGS OF FACT 1. That a due and proper notice of public hearing on the Application for Rezone before the City Council was given; that tne matter wa~s duly considered at the March 21, 1995, hearing; that the ,public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by Petitioner, JAMES and JEAN FULLER, and is described in the application which description is incorporated herein. 3. That the property is zoned Low Density Residential District (R-4). 4. That the request is for a rezoning of said property FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 t, ,I ., • ~ to Limited Office District (L-O). 5. That city sewer and water is already available to the property, but the use may require additional charges or fees. 6. That notice was given to all property owners who are within 300 feet of the external boundaries of the land being considered, and all property owners included within the property being considered. 7. That the subject property is surrounded on three sides, the east, west and north by property zoned Low Density Residential District (R-4). That the property on the south is presently zoned (C-N) CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local ' Planning Act and of the Ordinances of the City of Meridian have been met and complied with by Petitioner. 2. That the City of Meridian has authority to grant applications for rezone pursuant to 67-6511 Idaho Code and, pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. ~{ 3. That 11-2-416(K) of the Revised and Compiled Ordinances i; ' of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as FINDINGS OF FACT A'ND~ CONCLUSIONS OF LAW - 2 • follows: ~ A. That the new zoning would be in accordance with the eomprehensive plan. B. The area included in the zoning amendment is not intended to rezone in the future. C. The area included in the zoning amendment is intended to be developed in the fashion that would be allowed under the new zoning. D. That has been changes in the area br adjacent areas which would dictate that the area should be rezoned. E. The allowed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. F. The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer. G. The area will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. tt. Tne aiiowed uses will not involve uses, activities, processes, materials, equipments and conditions of operation that will be detri~mental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glar;e or odors. I. The vehi;cular approaches to the property will not create an interfer~ence with traffic on surrounding public streets. J. The use of the area will not result in the destruction, loss or damage of ~a natural or scenic feature of major importance. K. ~The proposed zoning aRiendment as presented is in the best interest of t'he City of Meridian. 4. The request for rezone is hereby granted, subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 ~ ~ to a site plan review which would~include input from adjacent property owners. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian City Council does hereby approve these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN YERRINGTON VOTE COUNCILMAN MORROW VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (Tie Breaker) VOTED DECISION ;~ That it is de:cided the Application for rezone to Limited ~ ~ Office District (L-O) is granted, subject to a site plan review ,~ which would include input from adjacent property owners. i MOTION: ~ APPROVED• Jack C. Riddlemoser Attorney at Law Meridian, Idaho 83642 DISAPPROVED: D FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 C~ ~ ~ ORIGINAL . BEFORE THE MERIDIAN CITY COUNCIL MICHAEL C3AMBLIN REZON~E NE CORNER OF LEISURE LANE AND CHERRY LANE MER~IDIAN, .IDAHO FINDINGS OF FACT AND CONCLU3IONS The ab~ove entitled matter having come on £or public hearing March 21, 1995, at the hour of 7:30 o'clock p.m., the Appl.icant, Michael Gamblin, appearing, the City Council of tHe City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OY+' FACT 1. That a notice of a public hearing on the Rezone and the Conditional Use Per~it Application was published for two (2) consecutive weeks prior to the said public hearin~g sche~duled for March 21, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 21, 1995, hearing; that the public was given full opportunity to express comtnents and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicant is not the owner of record of the property, but ;~ ' the owners of record are Edson A. Fujii and Patricia A. Fujii, and they have consented to the rezone request and which property is GAMBLIN REZONE FINDINC#S OF FACT AND CONCLUSION3 OF LAW Paqe 1 • • described' in the application which description is incorporated herein; that the property is now zoned R-4. 3. That the Applicant proposes to now have the property zoned R-8 Residential and Limited Office, and he submitted legal descriptions for the;property to be zoned each requested zone. 4. That the proposed land use would be for light offices in the L-O zone and single family residences in the R-8 zone. 5. That the Applicant stated in his application that the characteristics that make the rezone desirable are that it is consistent with the growth pattern down Cherry Lane; tl~at the property to the east is a day care; that everything else with Cherry Lane frontage is business, office or commercial; that the land already has paved parking for fifteen cars; that the single family request is consis~ent with the complexion of the surrounding neighborhood; and the Application states that the proposed land use is for light office use and single family residences. At the Planning and Zoning Public Hearing Mr. Gamblin stated that ~he use would be for office and single family residences; that he had no objections to the staf€ reports; and that he wants to "mirror" the dental office which is nearby. At the City Council Public Hearing Mr. Gamblin stated that the sewer was not deep enough to allow sewer to be extended (to serve what he desired to develop residentially.) down Leisure Lane from the south side, from Cherry Lane, so that it will make it difficult, if not impossible to subdivide into residential lots; that the City had told him that sewer could be brought in from the north but that would take the GAMBLIN REZONE FINDING$ OF FACT AND CONCLUSIONS OF LA-W Paqe Z ~ ~ approval of all of the land owners, or the majority, along Leisure Lane, which he was not requesting to do; that after testimony at the hearing, reflected beloYa, Mr. Gamblin stated that the sewer problems did no~ inv.olve that portion of the land that he desired to be rezoned to Li~ited Office; that the purpose of the R-8 rezone was to have the narrower lots with single family dwellings and would be like the lots on llth Street where the women, who were testified for, live; that if that property was not rezoned to L-O prior to the proposed time when an Ordinance would be passed and legal, his transaction could not be completed. That the City Council decided to approve the Findings of Fact and Conclusion~s of Law prepared by the Planning and Zaning Commission, as they pertain to the land to be rezoned to L-0, and directed the City Attorney to prepare an ordinance rezoning that portion of the land requested to be rezoned to L-O and deal with the residential portion in the normal procedure. 6. That there were people testifying at the City Council Public Hearing; the people testifying and a summary of their testimony is as follows: 1. John Longden testified that he had concern about the rezone from R-4 to R-8 on the residential lots; that R-4 allows for single-family dwellings on the land; that he had no objections ~to the L-0 in front for the light office, but he had objection to the City water and sewer going down Leisure Lane at this time without being consulted prior as to the conditions of it. 2. Karol Walker testified that she wanted Guy Walker to testify for her. 3. Guy Walker testified that he, and some ladies that own ,, property on llth Street, wanted to know what was allowed ' GAN~LIN REZONE FINDINGS OF FACT AND CONCI.USIONS OF LAW Page 3 ~ • in the R-8 zone; that they do not have any real objection to the limited office use; they did have an objection to it all at t~his tirne because there was no plan presented for developmen~ and the rezone was therefore premature; tliat they did not desire duplexes or two story structures. He also stated that he represented Linda Paddock and she objected to the R-8 zoning~ but not to the limited off:ice. A letter from Li.nda Paddock was offered at the end o.f the hearing. 7. That the property is presently used for a single~•faniily residence. 8. That the R-8 District and the L-O District are described in the Zoning Ordinance, 11-2-408 B. 4 and 7 as follows: (R-81 MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to'permit the establi.shment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well~-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. (L-O) Limited Office ~District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, s~tenographic, public service and similar uses. Research uses shall not involve heavy te.sting operations of any kind or product manufacturing of ~uch a nature to create noise, vibration or emis~ions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requi~rement in this district. 9. That the property along Leisure Lane is used for residential purposes with approximately one acre lots; tliat the property to the south is the Meridian Middle sehool; that t~he other properties in the area are almost all residential. QAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Paae 4 • ! 10. Gary Smith, City ~ngineer, and Bruce FreckTeton, Assistant to Gary Smith, commented and their com7nents are incorporated herein as Yf s'et forth in full; that their major points were that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance wi~h the standards set forth in 11-2-414; that all signage sha~l.l be in accordance with 11-2-415; that any existing wells and/or septic systems will h~ve to be removed but that wells may be used for. non- domestic purposes such as landscape irrigation; and that any existing irrigation or drainage ditches crossing the property shaTl be tiled and that tiling plans shall be approved by the Nampa & Meridian Irrigation District or a lateral users association; and that the City owns and maintains sewer and water mains adjacent to the south of the site, that they are stubbed into Leisure Lane, that Applicant will be reguired to extend the stubs in Leisu:re L~ne to serve .this site, and that easements will need to be granted to the City since Leisure Lane is a private street. Additionally assessment fees will be determined during the building. review process. That City Engineer, G~ry Smith, sub~nitted comment dated January 27, 1995, that if Applicant wishes to subdivide a portion of the property for residential or other approved uses a subdivision plat needs to be prepared, showing an acceptable width of public right-of-way; Bruce Freckleton stated at the City Council Hearing that Leisure would need to brought up to current standards to allow R-8 development; that sewer could not be provided from Cherry Lane to Leisure Lane and sewer would have to come from the ' GAI~LIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 4 • • north and not from the south, from Cherry Lane. 11. The Meri.dian Planning Director, Shari Stiles, co~ented that the Applicant has requested a variance to the rear set bac~k to aTlow a fifteen foot set baek; that a development agreement should be required as a cdndition of the rezone; and that a detaiTed site plan must be sub~itted and approved prior to occupancy to deterntine compliance with landscaping, lighting, parking, drainage, utility hookups, etc. She aTso stated that no development plans liad been submitted. 12. That the Ada County Highway District comments were submitted and they are incorporated herein as if set forth in full; that ACHD stated that its specitic site requirement was that access to Cherry Lane shall be limited to one curb return approach with a maximum width of 30-feet. 13. That co~ments were received from the Meridian Police Department, Fire Department, Central Distric.t Health De~partment, Meridian School District, Central District Health Depart~ent and Idaho Power Company; that such comments are incorporated herei.n by this reference. 14. That under COMMUNITY DESIGN, at Page 72, Cherry Lane is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to promote, encourage, develop and rnaintain aesthetically pleasing approaches to the City of Meridia•n, and under Policies, Page 73, it states as follows: 4.4U Encourage landscaped setbacks for new develop~ent on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance GAMBLIN REZONE FINDIN(~S OF FACT AND CONCLUSIONS OF LAW Page 6 • corridors. C~ 15. Section 11-9-605 G, PLANTING STRIPS AND R~ESERVE STRIPS, of the Subdivision and Development Ordinance, states that planting strips shall be required to be placed next to incom~patible features such as highways, railroads, commercial or industrial uses to screen the view from resid~ential properties and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 16. That proper notice has been given as required by law and all procedures before the City Council have been followed. CONCLUSIONS 1. That all the procedural requirements of th'e Local Planning Act and of the Ordinances of the City of Meridian have been met including tfie mailing of notice to owners of ~property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicia.l notice of its own ordinances, other goverrunental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment or conditional use. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of GAMBLIN REZONE FINDINQ3 OF FACT AND CONCLUSIONS OF LAW Paqe 7 ~ • Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Counci.l ... may amend, supplement, change „ or repea.l the regulations, restrictions, and boundaries or classification or prop~erty as well as the regulations and provisions of this Ordinance." 6. That T1-2-416 (K) of ttie Revised and Compiled Ordinances of the City of Meridian sets forth standards under whi:eh th~ City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a) The L-O and R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan if the restrictions stated herein are met and complied with. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. ( c) That the :property, if designed and used as allowed in the L-O and R-8 Dis~tricts, would apparently be designed and constructed to be harmonious with the surrounding area, which is develo:ped in a residential fashion. (d) The L-O and R-8 uses would not be hazardous to the existing or future uses of the neighborhood. (e) L-O and R-8 development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes materials, equ~pment or conditions of operation that would be detrimental to any ~person, property or the general welfare of the area. (g) Development in the L-O and R-8 districts would produce ~IN REZONL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 • • only a minimum traffic increase during the week with the heaviest seen on Sundays. (h) That a rezone would not result in the destruction, loss or damage of any natural or seen~ic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the ~Ci:ty has judged this Applicati~on for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Co~de, the Comprehensive Plan of the City of Meridian, and the .record submitted to it a.nd the things of wh~ich it can take judicial notice. 8. It is further concluded that the comments, reco~nmendation and requirements of the City Engineer, Planning and Zoning Administrator, and the Ada County Highway District shall be met and complied with, iricluding that a development agreement sliall be required as a condition of the re.zone. 9. It is further concluded that the rezone of the front portion of the property, the southern portion, should b~e rezoned from R-4 to Limited Offiae and that the back portion of the property, the northern portion, should be rezoned from R-4 to R-8. ~ 10. That since conditions may be placed on an application when granting a rezone, the following conditions are placed on the ~ Application and the property: ~ a. That the homes constructed in the R-8 District shall be ~ only single family detached homes with one home on each lot. , GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 9 ~ ! b. That the. homes shall meet the R=4 size requirement of 1,400 square feet so that they are more compati'bTe with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat for the entire area showing how the property is to be developed. d. That no building perinits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application tor a variance if he does not desire to meet the set back requirements of the Zoning Ordinance, which if granted, would allow•him~not to meet the set back requirements. h. The Applicant shall, as above stated, enter into a development agreement with the City. APPROVAL OF FINDINaB OF FACT AND CONCLUSIONS The Meridian City Council of the City Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED COUNCILMAN CORRIE VOTED-~~~ COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD .(TIE BREAKER) VOTED (3AMBLIN REZONE FINDINGS OF FACT AND CONCLU3IONS OF LAW Paqe 10 ~ ~ ~ DECISION The Meridian City Council hereb~r decides that the rezones requested by the Applicant for the property described in tlie application are approved with the conditions set forth in these Findings of Fact and Conclusions of Law. ~ MOTION: ~ APPROVED : . ~~1 '~~ DISAPP~ROVED : GAMBLIN REZONE FINDING3 OF FACT AND CONCLUSIONS OF LAW Page 11 ,4 . . ~~,_ ;. - ~502~`i6~ , ~ ~, ~'~,~~c~ r,~t'. ~~~.vD~.~~G;;~~R ~ ~f;. .,. ~); `, 1t: ~,,.,;';i',t~~~ ORDINANCE NO. ~O(~ ~G'; 5~ I~? l g v~ ~`,y`~ ~QS ~~~ l~~t~ 1 ~~5 AN ORDINANCE OF' THE CITY OF MERIDIAN ANNE~ZI~G?~AND Z•~ONI~NG~j(,~~+:RTAIN REAL PROPERTY WHICH IS DESC~RIBED AS A PORTION OF THE SOUTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP.~4_NORTH,._RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AN~D~~,P~ROVID,fiNG AN EF~'LCmIVE 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 Coun~il of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being a portion of the Southeast Quarter Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and' being more particularly described as follows: Commencing at the South Quarter corner common to Section 35, Township 4 North, Range 1 West, and Section 2, Township 3 North, Range 1 West, Thence along the South line of Section 35, North 89°43'15" West 1021.16 feet to a point, said point being the REAL POINT OF BEGINNING; Thence leaving said South line of Section 35 Nortli 0°54'00" West 625.77 feet to a point on the Southerly right-of-way of the Five Mile Drain; Thence along Southerly right-of-way of the Five Mile Drain South 62°40'43" East 433.25 feet (forriierly South 62°40'48" East 433.29 feet) to a point; Thence leaving said Southerly right-of-way of the Five p Mile Drain, South 5°36'll" West 430.46 feet (formerly South 5°35'45" West 430.49 feet) to a point on the said South line ~.of Section 35; Thence along said South line of Section 35, North 89°43'15" West 333.16 feet to the POINT OF BEGINNING. is 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 ANNEXATION ORDINANCE - BRAI~LE WOOD SUBDIVISION Page 1 • • 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. b. That the development of the property shall be subject to and contro'lled by the Subdivision and Developm'ent Ordinance and the Meridian Comprehensive Plan adopted I January 4, 1994. c. That, as a cond~ition of annexation, the Applicant shall be required to enter into a development ag~eement as authorized by 11-2-416 L and 11-2-417 D; that the developinent agreement shall address inclusi.on into th~e subdivision of the requireinents 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 an~d in particular Section 11-9-616, which p'ertains to ~ development ti.me 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. T~hat the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall ANNEBATION ORDINANCE - BRAN~LE WOOD SUBDIVISION Page 2 ~ • . , , i ' 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 ~~ day of April, 1995. APPROVED: MA R-- GRANT P. IN SF ``\`~~,~~i~~~iii~~,,~ ATTES . ~~~~~````,~~ O~ ~l0~9•,'~~~~,. .~i2~~ 9~'" ' ' ~ `~GO~~ITFO y ; a , LLIAM G. BERG, JR. - ITY CLERK = ~~~~ _ = 9G o~ ` STATE OF IDAHO, ) ~;~'9~ CGST ~g~ .,~ P~.~``~.~ : s s . %, 9 ~, ~p ~~~• County of Ada, ) ''~•,,, ~UNTY ~ ~~~.~` ii~~-~rn ni~~~~` 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 Ordinance entitled."AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,,IDAHO; AND PROVIDING AN. EFFECTIVE DATE"; passed as Ordinance No. ~~O , by the City Council and Mayor. of the City of Meridian, on the ~ day of April, 1995, as the same appears in my office. DATED this ~~~day of April, 1995. \ \\`~~~11t111tN/~~~~~ '/ .~`~~``\~~y O~ ~~~~9~L ~~'~., ; C~ ~~o'~~ rFO ; . _ ~~~~~ :; 9~ ,~~ o \; ~; "~p ~r ~s~ • ~,~ ,,~ ~ '~~~'~~~~ C~VNTY • ~~~`~~~`` '~~~ti~nri n«<~~~~ i~2i~/K-8.~.~/~ r City Clerk, City of eridian Ada County, Idaho ANNEXATION ORDINANCE - BRAMBLE WOOD SUBDIVISION Page 3 • • STATE OF IDAHO,) : ss. County of Ada, p On this ~hday of April, 1995, before me, the undersigned, a Notary Public in and for said State, p'ersonally app~eared WILLIAM G. BERG, JR. known to me to be the person whose name is subsc:ribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed x~y official seal the da,y and year in this certificate first above written. ~ ~~~~~nre~~~ SEAL ,~~,.•`~~GE L. v';~,,.,s s~ . ~t ~ . : ~ ~~p'~ A r~ ~, ~ . i~' ~(l~O.t~ , ~: : : %~~J,j.~T `OP,~,'p,•: .,,,f ~ 0~~~,~~.• Public for ldaho g at Meridian, Idaho .ission Expires _~o~~ ANNERATION ORDINANCE - BRAMBLE WOOD SZJBDIVISION Page 4 ~~ ,~. ~ • ~ OitDINANCE NO. (~q9 . AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS PORTIONS OF THE E 1/2 OF Z'~HE SE 1/4 OF THE NW 1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T. 3N. , R.1W. , B.M. , 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 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. Tl~at the real property described as: !~~ ~~ ~' ~t 'I v t~ A parcel of land' lying in a portions of the E 1/2 of the ~_ I~~~~~SE 1/ 4 of the NW 1/ 4 and W 1/ 2 of the SW 1% 4 of the NE ~~ 1/4 of Section 1, T.3N., R.1W., B.M., Ada County, Idaho F`.~~~a'~. ~:, r.;-;,'~;;b,~.; ,' m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s: . ~I , v i.+' ~i : '1 ~ . : . . . - . n ~„I~ ~;;~ ~~~~"" ""` Commencing ~ at the one-quarter corner common to Section 2 `""~~" `~ ~"' and the sai:d Section 1; , -,~~ ,,,..~ w.~, T, thence South 89°27'28" East 2655.29 feet along the ~5 t~F!'~~ ~ i_. ;,; ;~,. , 5 Southerly boundary of the said NW 1/4 of Section 1 to a ~~ ~~ ,,,~~ int marking the Southeast corner of the said NW 1/4 of F~~ ~~~ ~--• i-~' ~~'~Section 1, also said point being the REAL POINT OF HE~i:~.i~~.::^.. ?:~~. . - -_5' CFBEGINNING; ~k thence North 89°27'28" West 663.82 feet along the said ~ Southerly boundary of the NW 1/4 of Section 1 to a point marking the Southwest corner of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E 1/2 of the SE 1/4 of the NW 1/4 of Section 1 to a point; thence South 89°20' 11" East 664.27 feet to a point on the Easterly boundary of the said NW 1/4 of Section lr thence South 76°17'~41" East 70.93 feet to a point; thence South 0°24'09" West 844.72 feet to a point on the Southerly boundary of the said NE 1/4 of Section 1; ANNEXATION ORDINANCE - WATERBURY SUBDIVISION #5 Page 1 . ~~ ' • • ~Chence North 89°27'21" West 76.71 feet along the ~aid Southerly boundary of the NE 1/4 of Section 1 to the Point of Beginning. is 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 fo'r 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. b. That the development of the property shall b'e suhject 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 a~greement as authorized by 11-2-416 L and 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 Ordinanc~s 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 ANNERATION ORDINANCE - WATERBURY SUBDIVISION #5 Page 2 ' • • within ten (10) days following the effective date of this Ordinance. , Section 4. EFFECTIVE DATE: There being an emergency, 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 City of Meridian, Ada County, Idaho, this ~~~ day of April, 1995. APPROVED: R-- GRANT . KI O D \``\`~~ti,~tii~ i~r~i~ii~,. ATTE ST : ~~~~\ ,~y ~ VU~/,9 ''~,~i :~ G~ ~C,o~ TF ~' ~'; ~ ~ _ ~E~ _ ` o - -~ sEAL - WILLIAM G. BERG, JR. -- ITY CLERK ; .y a~ ; % 9p ~~sT ~S~ ~ ~0 Q~2`~,`: .,~~~~'', cO~~Y ' ~~``\`~ . 9 ~~~~~~~~,~~ ~~~„~~~~ ANNEXPITION ORDINANCE - WATERBURY SUBDIVISION #5 Page 3 • • STATE OF IDAHO,) : 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 Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS PORTIONS OF THE E 1/2 OF THE SE 1/4 OF THE NW~1/4 AND W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N., R.1W., B.M., ADA COUNTY, STATE OF IDAHO; AND PROVIDIN~G AIJ EFFECTIVE DATE"; passed as Ordinance No. , by the City CounciT and Mayor of the City of Meridian, on the -~ day of April, 1995, as the same appears in my office. DATED this L~-~ day of April, 1995. STATE OF IDAHO,) County of Ada, ) On this ~ a Notary Public in G. BERG, JR. known to the within and executed the same. \\\\~~~~~~~ i i i i ri~i,,~~~~' O ~ ~~ .~`~~\` ~y ~~~ ~~~''% ~ .~ ~' \~,o~~AT~ ~~ity Clerk, City of M i ian ~ ~tda County, Idaho = s~~~ = ' 9C~' ,~~' ~- =~, yo l~T ,s~ ~ ,ZP ,\: s 5~ q Qp, `~~~• ~''~., C~UNT~ . ~ ~~.~. ~''~~iiir-i i~„~~~`~~ day of April, 1995, before me, the undersigned, and for said State, personally appeared WILLIAM to me to be the person whose name is subscribed foregoing instrument, and acknowledged that he IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and~year in this certificat~ first above written. ~ _ SEAL ,,~~~\G'~ ~~L ,i,C,~,,. ;~ Q'a q~~~: ; ~ ~oTq~~ J' . . ~ = ~ + ~~ 'OV~1.~~' ~: : : . ',~~~j•~l~ OF ~~~;~`~,, ~~•,..,~~~~~~~' y Public for ldaho ding at Meridian, Idah Commission Expires 0 02 ANNERATION ORDINANCE - WATERBURY SUBDIVISION #5 Pag~e 4 ~ '. ~- ..7 _ .. • • ORDINANCE N0. 69$ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND C'HANGIN~ THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST .QUARTER OF THE SOUTH6~EST QUARTER OF SECTION 1 OF TOWNSHI-P 3 NORTH AND RANGE 1 WEST OF THE 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 ~h~e best interest of said City to change the zoning from R-4 Residential to Limited Office (L-0), for the following described parcel 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 aforementioned real property which is described as follows: ' A parcel of land in West half of the Southeast quarter of S(~ 2~~~ ~ ~ the Sonthwest quarter of Section 1 of Township 3 North ~O'~,~~(~~-~ and Range 1 West of the Boise Meridian, Ada County, ~`J ,~ Idaho, more particularly described as beginning 280 feet v~. r~'~,~ ;±'.:-•~`~ ' West of the Southeast corner of the West half of the ,~ ,. ~, . , ~~~ •~ ~ ~~ ; Southeast quarter of the Southwest qu.arter of said '°~~ .•.'=~r'• ` `~ . Section 1; ~ E I ~ ~~ ~, ~~Q,~S~ THENCE North, 40 feet to the REAL POI.NT OF BEGINN,ING; A ~ ~'~-~- ~ ~, ~~- ~;~~~ 1<< ~' ENCE North, 80 feet; 1.Sa° i~ _ . _. ~U.~.,~.. - • ~~~ THENCE West, 120 feet, rGB ..T 1'+.-1':~j; :~:. ~` ~'~ .~ THENCE South, 80 feet; THENCE East, 120 feet to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to Limited Office (L-O) and Section 11-2-425, Offieial Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 1 , • • referenced in the Find~ings of Fact and Conclusions of Law as adopted by the Meridian City Council on the re'quest for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrieal, and Plumbing Codes. Section 3. Th~at if Applicant shall fail.to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, 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 ~ City of Meridian, Ada County, Idaho, this ~- day of April., 1995. APPROVED: MAYOR -- G T P. GSFORD \\`~~`~~,~ u i i ~r~,,,~~~~'' .~~'~~~`~~y ~~~'y~~'~--. ~ ; ATTES . ~ ~,~T~O ' ~ .,~? - ~~~L = CITY CLERK -- WILLIAM . ~ERG, JR. ' ~ ~~ ~ ~ ~, ~ ~ % '~'~ GST 15~ ~Q ~: '~. ~9 P ~~` ,,~'~ ~,OUWT ~p ```~~ ~'~~ii~~~~ni n`+`i-~~~`~`` REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 2 • . STATE OF IDAHO,) : ss. County of Ada, ) I, WILL BERG, City Cler.k of the City of Meridian, Ada County, Idaho, do hereby certify that the above and €oregoing is a true, full and correct copy o€ an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHIC~H IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST Q~UARTER OF T~E SOUTHWEST QUARTER OF SECTION 1 OF TOWI~TSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAAO; AIJD PROVIDING AN E~FFECTIVE DATE."; passed as Ordinance No. 698 , b the City Council and Mayor of the City of Meridian, on the _~ day of April, 1995, as the same appears in my office. DATED this ~'~day of April, 1995. STATE OF IDAHO,) : ss. County of Ada, j City Clerk, City Ada County, Idaho `\``~y~~o~~ ~ ~ ~~~~0~~~'' ;'~\ ~' /q'~'~~~~'-. ~~~~TFO ~ . ~ = ian ~' : y o~ _' ; GC ~°' o .' ~ 9Q ~'ST tg~ . ~• ~~• '~~~''q c~UNTY ~ ~~P~~~`` '~ii-~rriii ~t~~~~~`'~ ~/~ On this 7' day of April, 1995, befo,re me, the undersigned, a Notary Public in and for said State, p~ersonally appearecl William G. Berg, Jr. , known to me to be the person whose name is su~bscribed 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. ,.. ;.,,,-. .... • ,,~~~~~~~~~~~~~~~~, ~ ~. G E L . •. .~'~~~ ~~~;-., SE~ ~>~ ~~TA~ `r~ = : y~ ;~ AV ~~ ~~~ ~ L ~~ ~ ~ ~ w' • ;,~J'r~p ~~ ~~~~,•~ ~~''•~,.,~~~ ~~•• ~ ~'ar Public for ld~ho s' ing at Meridian, Idaho y L'p~7Mi'ss:oK pxQvr'r-e~s G/2/q9 REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 3