HomeMy WebLinkAbout1994 04-19~ ~
MERIDIAN CfTY COUNCIL
AGENDA
TUESDAY, APRIL 19, 1994 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 5, 1994:
(APPROVED)
1. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR LOS
ALAMITOS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE
AND ASSOCIATES: (APPROVED WITH CONDITIONSI
2. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR SALMON
RAPIDS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND
ASSOCIATES: (APPROVED WITH CONDITIONS)
3. TABLED AT APRIL 5, 1994 MEETING: ANNEXATION AND ZONING WITH
A PRELiMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION BY
THE WESTPARK COMPANY: (APPROVE FINDINGS OF FACT AND
CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE ORDINANCE
APPROVE PRELIMNARY PLAT WITH CONDITIONS?
4. TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AND AMENDED
FINDINGS OF FACT AND CONCLUSfONS OF LAW FOR FAWCETT'S
MEADOWS SUBDIVISION BY RONALD HENRY: (APPROVE AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY
TO PREPARE ORDINANCE; APPROVE PRELIMINARY PLAT WITH
CONDITIONS)
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
~OR NAVARRO SUBDIViS10N BY THE FOUR T'S AND KEITH
LOVELESS: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF
LAW; APPROVE VARIANCE REQUEST)
6. ORDINANCE #643 - FLOOD PLAIN ORDINANCE: (APPROVED)
7. ORDINANCE #644 - SCISCOE REZONE: (APPROVED)
8. ORDINANCE #645 - SUMMERFIELD ANNEXATION: (APPROVED)
9. ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION: (APPROVED)
10. AMENDEp RESOLUTION 111-A - BUILDING PERMIT FEES: (REDRAW)
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11. FINAL PLAT: ELK RUN SUBDIVISION NO. 2, 44 LOTS BY THE
DEVELOPMENT GROUP AND GARY LEE: (APPROVED WITH
CONDITIONS)
12. FINAL PLAT: TRACT SUBDIVISION NO. 5, 75 LOTS BY PROPERTIES WEST
AND GARY LEE: IAPPROVED WITH CONDITIONS)
13. FINAL PLAT: SUMMERFIELD SUBDIVIStON NO. 3, 64 LOTS BY MAX
BOESIGER AND HUBBLE ENGINEERING: (APPROVED WITH
CONDITIONS)
14. FINAL PLAT: WATERBURY PARK SUBDIVISIUN NO. 4, 35 LOTS BY RAMON
YORGASON AND ROY JOHNSON: (APPROVED WITH CONDITIONS)
15. FINAL PLAT: SPORTSMAN POINTE SUBDIVISION NO. 4(FORMERLY NO. 5),
BY THE WESTPARK COMPANY: (APPROVED WITH CONDITiONS)
9 6. PUBLIC HEARING: VARlANCE REQUEST BY MIKE AND CYNTHIA SCISCOE:
(APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW;
APPROVE VARIANCE)
17. PROCLAMATION: SPOTLIGHT QUR SCHOOLS WEEK
UIL RECLAMATION WEEK
U.S.A. LAW DAY
18. DANBURY FAIR SUBDIVtSION: PRESSURIZED IRRIGATION RETROFIT:
(APPROVE REFUND OF WELL DEVELOPMENT FEE AFTER
COMPLETIDN OF PRESURRIZED IRRIGATION OF SUBD. #1 & 2)
19. STEVE RICKS: MIDTOWN S(2UARE SUBDIVISION: (APPROVE SIGNING OF
FINAL PLAT DROPPING L-O LOTS)
20. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER
1. SLUDGE APPLICATOR TRUCK: TABLED AT APRIL 5, 1994
MEETING: (APPROVE PURCHASEI
2. DIG LINE CONTRACT: (APPROVED)
B. LEASE AGREEMENT: KEN HAMILTON PRESENTATIONS:
TABLED AT APRIL 5, 1994 MEETING: (TABLED UNTIL
MAY 3, 1994 MEETING)
C. RESOLUTION #153: (APPROVED)
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MERIDIAN CITY CDUNCIL APRIL 19. 1994
The regular meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
Members Present: Max Yerrington, Walt Morrow, Bob Corrie, Ron Tolsma:
Others Present: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, John Baker,
Mark Freeman, Marty Goldsmith, Ron Henry Jerry Frank, Bev Donahue, Jim Merkle,
Mike Sciscoe, Steve Ricks, Jim Johnson, Bill Gordon:
MINUTES OF PREVIOUS MEETING HELD APRIL 5, 1994:
Kingsford: Are there any corrections, additions or deletions to those minutes?
Morrow: Yes, Mr. Mayor, on the discussion concerning the building permits and the
building permit fee increases there was a reference to the UVC it is incorrect it should
be UBC which is short for Uniform Building Code. I would recommend that we make
that correction to those minutes.
Kingsford: Do you happen to have a page number Walt? Never mind. Any other
corrections? Entertain a motion to approve the amended minutes.
Yerrington: So moved.
Tolsma: Second
Kingsfqrd: Moved by Max, second by Ron to approve the amended minutes of the
April 5th meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #1: TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR LOS
ALAMITOS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND
ASSOCIATES:
Kingsford: Is the Council prepared to deal with that issue? Any questions that you
have of either the engineer or staff?
Corrie: Mr. Mayor, I assume that this is the compliance of City engineers comments,
is that correct?
Smith: Mr. Mayor, and Council members and Councilman Corrie, t think everything
is pretty much taken care of, the only thing that I have left to do and it is because of
my schedule, I haven't been able to finalize the sewer alignment to serve this
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Meridian City Council
April 19, 1994
Page 2
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subdivision. Whether it is going to go down Locust Grove or down Nine Mile Creek
or up Nine Mile Creek. Marty's engineer has provided me with some ground line
contour information out there so I will be able to do that. They are receptive to
locating the sewer line wherever l direct it to be ptaced. 1 don't believe there is any
problem with that. Also, Marty has concurred to donate a well lot to (inaudible) in the
subdivision. Other than that, I believe everything else has been #aken care of.
Morrow: Mr. Smith, I have a question with respect to this is one of those
subdivisions with pressurized irrigation being required, there was no waiver requested
and we had discussed with Mr. Goldsmith at our last meeting that the pressurized
irrigation would be required.
Smith: I believe that was a requirement originally and I think Marty spoke to the
Council to the contrary, but I don't recall the specifics of that.
Kingsford: Well, Marty is present if you would like to ask him that question, Mr.
Goldsmith.
Morrow: My question is with respect to the pressurized irrigation system.
Goldsmith: Yes, Mr. Morrow, I have a letter here received here January 28th from
the City of Meridian outlining my position January 28th. I did agree, if that was your
requirements at the first City Council meeting which was March 15th to put in
pressurized irrigation system, but I did not want to be the first one. And it was my
understanding that this was going to be a requirement of every subdivision after me.
Since that time there have been handfuls of subdivisions that have gone through here
that have not had that requirement put on them. That it has been a recommendation
up to this point and not a requirement. Furthermore I have retained an engineer to do
work for me on the pressurized irrigation systems. And under your ordinance it made
me waive if there is not sufficient water rights. And on Salmon Rapids that is #he
case. I do not have water rights and for me to do a pressurized irrigation there, 1 have
water rights of 20 of the 50 acres. I would have to be forced to put in ponds and
take the water for 2 days, fill the ponds and then 8 days later take 2 more days of
water. And this would be very extreme on my end as far as the cost of the
pressurized irrigation system. It is not a small issue, it is prohibitive of the type of
development I am trying to do here. Which is middle end. I have given a well lot
which is also in compliance with your ordinance that is in place. And so I am trying
to deposit to the well fund and provide a deposit towards further well development.
It would potentially be better. I haven's done the analysis, potentially it would be
better for me to fumish a well lot and a fully operating well as opposed to provide the
type of irrigation, pressurized irrigation that we are talking about and the cost that we
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Meridian City Council
April 19, 1994
Page 3
are talking about.
Morrow: Have you made a formal request for a waiver for providing the, I have read
the Zoning and Development Ordinance and the ordinance that currently exists, fairly
clearly states that you have to specifically request a formal waiver of the requirement
for a pressurized irrigation system. Have you submitted a formal request for that
waiver.
Goldsmith: In my dealings with Wayne Forrey, this is exactly to a tee what he
wanted me to write down. And that was that I did not want to be putting in
pressurized irrigation and that I wanted to donate to the well fund and that is what
that says. So, in some respects I believe I have complied with that waiver. Hopeful
it will not hold up my preliminary plat and 1 can give that to you in writing. Once
again I did go to into an in depth analysis on the pressurized irrigation system.
Morrow: I have a question Mr. Mayor, for counselor, would not a formal request
indicate reasons wh~ the hardship or waiver ought to be granted.
Crookston: It should
Morrow: And so Mr. Forrey is not here to in a sense defend himself, I believe your
last paragraph says we intend using City Water supply for yard irrigation in these 2
subdivisions. We will deposit money in the City Water departments fund for this
purpose at the proper time. Does that constitute a formal waiver?
Crookston: It is not a request for a waiver.
Goldsmith: I guess I would ask for an leniency that you can give me in this area and
also a fairness of what should apply to me should apply to some other subdivisions
that have passed here recently.
Morrow: I think you will find before the evening is over Mr. Goldsmith that it is going
to appty to many subdivisions that heretofore thought that they weren't going to do
pressurized irrigation systems. And one last question, have you submitted your
covenants and restrictions for review by the City Attorney?
Goldsmith: No I have not, I do have those prepared and could have them down here
in the morning.
Morrow: That is generally part of the package that apparent)y has also been slipping
for the last 2 months.
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Meridian City Council
April 19, 1994
Page 4
Goldsmith: Once again I honestly do have them prepared and did not know that it
was requested on the preliminary plat application. There was a list there that we
worked off of. And to the best of my knowledge I did complete that list but I can
certainly have that down here. Hopefully it would not hold up my plat, because this
is the third time I have appeared for a preliminary plat approval.
Morrow: I understand
Kingsford: Any other questions Council?
Corrie: Mr. Mayor, you did Marty say that when you thought it was a requirement
that you were going to put in the pressurized irrigation system is that correct. And
then when you find out that it is not a requirement according that you decided it is
to your advantage not to do it, is that correct?
Goldsmith: No. sir that is not correct.
Corrie: Why are you doing it then?
Goldsmith: As of January 28th, that is the budget that I went in there with. And 1
was very open about what I wanted in January and that was 4 months ago, that is
before I was heard for annexafion and zoning. So, I have tried to give you a complete
package here. The reason is because I do not have enough water rights. I have 20
acres of water rights and I do have those water rights. I have done an in depth
analysis and would be willing to present that at the proper time, and it could be very
quickly. It is in writing right now I just need to meet with someone at your
convenience and show you that it does say in that ordinance that you could waive
that restriction upon me if I did not have enough water rights to do the property.
Corrie: Then you didn't know at the time that you said you would do the pressurized
irrigation system that you didn't have enough water, did you know at that time?
Goldsmith: No, I did not. Once again my plan was to do without and to do what
everyone else has been doing. There have been some subdivisions that have gone
through here.
Kingsford: Mr. Goldsmith, the additional land that you are talking about that does not
have water rights is that because they have been voted back to the irrigation district
or that they never had them?
Goldsmith: They never had them is what my records are showing. In fact that just
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Meridian City Councii
April 19, 1994
Page 5
19 over 20 of the 50 acres is the only piece that has the water rights.
Kingsford: Any other questions Council?
Goldsmith: I am really trying to step forward here with the well site for you and I
would like to leave the option open of finishing that well site out for you as opposed
to the pressurized irrigation, where I could give you a well site and deposit into your
well fund.
Kingsford: Is Council prepared?
Morrow: I think Mr. Mayor what I would like fio propose in terms of emotion is that
we move forward with Mr. Goldsmith's preliminary plat, but the approval of that
preliminary be subject to the formal request for a waiver from the pressurized irrigation
system citing facts that would make that waiver valid by us, subject to our City
Engineer's conformation of those facts and then at that point in time we would
address whether we would grant the waiver as a Council from the pressurized
irrigation system. Also, as part of the motion require that the covenants and
restrictions be submitted post haste for review by our City Attorney.
Corrie: second
Kingsford: It has been moved by Mr. Morrow and second by Bob Corrie to approve
the preliminary plat for Los Alamitos subdivision by Marty Goldsmith conditioned upon
a formal request for a waiver that sites the facts of need for that waiver of the
pressurized irrigation system and the receipt and approval of the CC&R's, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR
SALMON RAPIDS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND
ASSOCIATES:
Kingsford: Does Council have questions on this subdivision.
Morrow: My questions would be directed towards City Engineer Gary Smith. You
had some questions in terms at the last presentation with respect to how Nine Mile
Drain was going to be treated and it says the application indicates individual lot
irrigation, which is what we have been talking about. Have any of these issues been
resolved since our last meeting?
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Meridian City Council
April 19, 1994
Page 6
Smith: I talked to, I received some correspondence from Gary Martinez of the Corps
of Engineers and he and an associate looked at the site. Mr. Goldsmith had asked
them to review it as pertaining to our ordinance requiring him to pipe ditches. And
they came back with a recommendation that they didn't feel it was appropriate to
pipe the ditch. Other than that 1 haven't receive any information concerning the
disposition of Nine Mile Drain. Again, the sanitary sewer service issue for the
subdivision is to be decided yet and Mr. Goldsmith said he would comply with
whatever routing was required. Basically this subdivision serves into Locust Grove,
or would serve into Los Alamitos so the routing of the sewer wouldn't really effect
this one as much as it would Los Alamitos. Do you have any other questions on my
comments?
Morrow: I do not.
Kingsford: Other ques#ions of Council?
Morraw: I guess I would have questions again of Mr. Goldsmith concerning the
pressurized irrigation. I think the same things apply here in the presentation and at
least in Mr. Smith's comments it indieates apparently you are in favor of the
pressurized irrigation for this subdivision. That there is not any undue hardship or
there is adequate water suppty or water rights.
Goldsmith: You guys are looking at Los Alamitos Park right now?
Kingsford: No we are looking at Salmon Rapids now.
Goldsmith: Okay, Los Alamitos Park, excuse for going off the subject, is the
subdivision that has a well site located on it as per Mr. Smith's recommendations.
And Salmon Rapids is the one that I am saying has poor water rights. So I will get
you a waiver on both of those and Gary and 1 will go through and make sure he is
happy with it and we will work this through.
Kingsford: Tell me then on Los Alamitos subdivision do you have adequate water
rights there?
Goldsmith: Yes sir I have all 50 acres of Nampa Meridian Irrigation District. I can
maybe help you out a little bit Mr. Morrow as far as the disposition of the Nine Mile
Drain. I believe that natural waterways are excluded according to your ordinance and
this is a drainage ditch that is falling in the category of a natural waterway. They did
write me a letter saying that they would like it left open and I can check tomorrow to
see if that has been forwarded to Gary and make sure that it does happen.
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Meridian City Council
April 19, 9 994
Page 7
Morrow: Okay, so if I understand you correctly, this subdivision is the one without
adequate water rights?
Goldsmith: Yes, Salmon Rapids has 19 or 20 acres of 50 that have water rights and
they are very sparse as far as the days on and the days off, it is 8 days off and 2
days on. And that Los Alamitos is the one that has full water rights and it is also the
one that I have reserved a well site for the City of Meridian.
Morrow: Okay, to further follow up on this particular subdivision, in our packets there
were letters submitted by the neighbors in Kachina Estates and I know that last time
we talked with some at length concerning the notifying of potential buyers that those
were agricultural uses that existed to the south of this particular property and that
some means were going to be taken to make sure that those potential buyers and
reaitors were aware that within agricultural subdivisions that there could be uses that
were not compatible with residential subdivisions, but they were there first in time
and so there wouldn't be situations where they came before us at the City Council
complaining about calves that are being weaned and bawling for 3 days, which is a
natural occurrence in an agricultural subdivision or the use of herbicides. Those types
of things that normally go on in an agricultural subdivision. My question here is what
means or methods have you taken to insure that the information gets through the
contractors to the buyers and is it part of your covenants and restrictions and is
notice or reference made in those covenants and restrictions to those land uses. And
also have those covenants and restrictions been given to our City Attorney to review?
Goldsmith: They have not been given that is the means in which I will deal with this
problem and they already have been written and are very explicit on this issue. So
people, the people buying the homes will know that the existing agricultural comes
first. And that this is a rural transition area and we need to be giving.
Kingsford: As a follow up to Mr. Morrow's comments as ) recall from that initial
discussion, there was discussion of the kind of fence and potential for a berm and
separating it off. The fear of a wood fence that might burn and deteriorate and also
then the somewhat attractive nuisance that children might go over the fence and play
with bulls and that sort of thing. What has been done to remedy that?
Goldsmith: Also, in the CC&R's the Codes, Covenants, and requirements fencing will
be mandatory on the area between our subdivision and Kachina Estates. I don't like
the idea of using a stone fence there, but ! am open to your comments and I very
much so want to work through these issues. We could use a chain link fence with
slats in between it. It would not be burnable, it would indeed impede headlights,
there are only 2 smaller areas that would be shining towards Kachina Estates, the
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Meridian City Council
April 19, 1994
Page 8
majority of our homes go away from it. The landscaping and the houses that will be
built there with this fence I think will be adequate.
Kingsford: We would certainly like to see a construction plan of that separation
before the approval.
Yerrington: Mr. Mayor, is it supposed to be a berm?
Kingsford: That is what we discussed at the last meeting.
Morrow: I think that you are dealing here with both a berm and a chain link fence.
The separation of residential folk from agricultural people is fairly important in that in
the child rearing process many kids commit may sins against agricultural animals not
knowing what they are. And so it would appear to me that the best type of fencing
to be done here in terms of both aesthetically and more importantly in terms of
function is a chain link fence of some sort. And it can serve with the slats as a
screen for headlights for those homes that already exist there. So, I am in agreement
with Mayor Kingsford that 1 would like to see those construction detaits before we
have the final approval of that.
Tolsma: They run into a problem with the chain link with the slats, (inaudible).
Goldsmith: These are non-plastic slats, they are non-flammable they are aluminum.
Morrow: The other thing Mr. Tolsma is that in order to prevent that they can use
certain soil sterilents at a certain distance out from the fence and selected herbicides
so that you don't have high flash weed burning along the fence.
Goldsmith: I am not opposed to a wrought iron fence, but it wouldn't do. It would
keep the kids and keep a good separation but I'm not sure that headlights would be
an issue. Do you guys have any feeling there as far as what fence will work in this
situation?
Kingsford: Well, 1 think something that is permanent that both protects the peoples
vision in Kachina Estates and also keeps the children in your subdivision from
necessarily attracting nuisances.
Morrow: I think it probably has to be the chain link with the slats somehow, wrought
iron fences are nice but they are not real effective in terms of accomplishing what I
think we need to accomplish here.
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Meridian City Council
April 19, 1994
Page 9
Kingsford: Any other questions for Mr. Goldsmith? Is Council prepared to make a
motion?
Morrow: Mr. Mayor, point of discussion here, in our last motion covering Los
Alamitos, apparently because of incorrect information that subdivision has the proper
water rights. My motion for that subdivision knowing it had proper water rights
would have been to let it comply with the pressurized irrigation portion of our
ordinance. So, I am wondering what action do we take to correct that?
Kingsford: Wetl, the appropriate thing would be to deal with this issue and then a
motion to bring that back up and discuss it.
Morrow: I think that I would move that we approve the preliminary plat for Salmon
Rapids subdivision subject to a formal application for a waiver from the pressurized
irrigation confirmation of the facts by City Engineer Smith, and also subject to the
fencing/ berming issue and the separation from Kachina Estates and Salmon Rapids.
Kingsford: Would that include CC&R's on this?
Morrow: And CC&R's, !'m sorry.
Yerrington: Second
Kingstord: Moved by Walt, second by Max to approve of Salmon Rapids subdivision
preliminary plai subject to formal request for a waiver on the pressurized irrigation and
site facts for a need for that waiver, inclusion of CC&R's and separation by fence
with a formal plan submitted to the City for separation of Kachina Estates and Salmon
Rapids subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Is there a motion to bring back ~os Alamitos?
Morrow: Mr. Mayor, I would move we bring back Los Alamitos for reconsideration.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to reconsider Los Alamitos, all those in
favor? Opposed?
MOTION CARRIED: All Yea
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Meridian City Council
April 19, 1994
Page 10
Morrow: I think my motion there would be that Los Alamitos compty with the
pressurized irrigation requirement of the Zoning and Development Ordinance and that
we approve the plat subject to that compliance, and the receipt of the covenants and
restrictions.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the preliminary plat of Los
Alamitos subdivision conditioned upon it being covered with pressurized irrigation and
the submittal of the covenants and restrictions being approved, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Morrow: Mr. Mayor, on the advice of counsel I believe I need to move to withdraw
my original motion.
Kingsford: Is there a second?
Yerrington: Second
Kingsford: Moved by Walt, second by Max to withdraw the original motion on Los
Alamitos subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
Goldsmith: Mr. Morrow, on Los Alamitos Park I had already started to try to be in
compliance there with a well site, which is written in that ordinance that it could be
one or the other and that you had the power to waive that. Could you take that into
~rour consideration when requiring that pressurized irrigation?
Kingsford: Could I be clear here first off, you have talked about different
subdivisions, which one of those things have you given us a well site or are about
and which one doesn't have the water rights?
Goldsmith: Salmon Rapids is the one that doesn't have the water rights.
Kingsford: A minute aga, if I heard you correctly you said you were giving us a well
site on Salmon Rapids?
Goldsmith: No, sir that is Los Alamitos Park.
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Meridian City Council
April 19, 1994
Page 11
Kingsford: I hope to hell you know what those things are better than I do.
Goldsmith: I ought t I've been browsing around there for a year now.
Morrow: I think the motion has been made to stand with the pressurized irrigation.
That does not I believe preclude you from submitting a request for relief from that in
terms of having provided a well site and that can be brought before the Council and
voted on at that time. It would appear to me that if you wish it to be resolved now
then the thing to do is we would table this request pending that formal application.
lf you wish the preliminary plat to move on then you could submit a request for a
formal relief from the pressurized irrigation and that would be acted on at a tater date,
is that correct.
Goldsmith: So this is not an issue that can be taken care of at the final plat?
Kingsford: Counselor? At least as I see the Council has granted approval for the
preliminary plat for pressurized irrigation. He moves forward with that and the Council
were to grant relief from that I would say that it probably could be granted at a later
date.
Crookston: It could
Goldsmith: Thank you very much.
ITEM #3: TABLED AT APRIL 5, 1994 MEETING: ANNEXATION AND ZONING W1TH
A PRELIMINARY PLAT FOR SPORTSMAN PDINTE SUBDIVISION BY THE WESTPARK
COMPANY:
Kingsford: Is Council prepared to deal with that issue?
Morrow: I guess my question would be is my notes indicated it was tabled last time
for completion of our city requirements, have those requirements been completed and
met as per Mr. Smith?
Smith: Mr. Mayor, Councitman Morrow, I have met with the developer Greg Johnson
and all of the items have been addressed satisfactory except the resolution of that
sanitary sewer line locafion is sfill to be done and I promised Mr. Johnson I would do
that tomorrow. Basically the location of that sewer line would change the exit of or
the entrance of the subdivision onto Locust Grove Road. If it is to be located along
Nine Mile Drain then the entrance to the subdivision will move to the north and line
up with, I can't think of the street name, it is not the one shown on the plat. And
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Meridian City Council
April 19, 1994
Page 12
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that would be the only difference and Mr. Johnson is in concurrence with that
modification if it becomes necessary.
Morrow: And that is a housekeeping measure on our part, that is not something that
Mr. Johnson is responsible for?
Smith: Well, he would make the change on the preliminary ptat based on that, other
than that he and his engineer met with me and reviewed all the other items and
satisfac#orily answered those. There was one issue that showed up on Salmon
Rapids, one of the plats I had on Salmon Rapids, one of the preliminary plats I think
I had 3 of them. One of them showed a stub street to the north into Sportsman
Pointe, this phase of Sportsman Pointe. And Mr. Johnson is agreeable to connect to
that stub, however in looking at ACHD's comments on Sportsman Pointe, they
indicate that a stub in that direction is not necessary. So, 1 am not sure which
preliminary plat that had been submitted by Mr. Goldsmith. The one I was looking
was the latest date that showed a stub to that north boundary. And that is what I
was going on as far as my comments on this Sportsman Pointe subdivision. But the
Highway District has returned a comment stating that it wasn't required on Salmon
Rapids and therefore this subdivision it wouldn't be necessary. I have a question
mark there but I don't think it is anything that can't be resolved with the Highway
District.
Morrow: And that is also an in housekeeping, in other words those 2 items we can
take care of in house you are satisfied with everything else. Is there a representative
here from Sportsman Pointe? My question is have your covenants and restrictions
been submitted to the City Afitorney for review?
Johnson: Yes, they are the same as the former phases, we have not submitted the,
we have a one page addendum that we file to that, that brings the next phase into
the other subdivision. But yes the Sportsman Pointe covenants are on file and have
been for a couple of years.
Morrow: And you are continue with the same covenants with this phase. And my
next question is obvious in terms of pressurized irrigation.
Johnson: The subdivision was originally approved without we have been paying for
the well fund, I have discussed with Gary Smith the park. We have 2 acres of park
and they will have tennis courts and other things in them so they won't be just grass,
but for those areas where we have concentrated grass area we can put in a ground
water type system to irrigate those with. Our other, we are currently using a
residential well that was there on the Dale Ownby property to water the stuff along
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Meridian City Council
April 19, 1994
Page 13
Overland road and that is what we would like to continue with. That is what we
originally approved to do.
Morrow: (tnaudible) water their tawns?
Johnson: We pay 5500 or 5450 per lot in the development fund and they water with
City Water.
Morrow: And you have not made formal application for this phase for a waiver from
a requirement of having a pressurized irrigation system?
Johnson: At the time it was filed originally there were 3 options, you could either put
in pressurized irrigation or pay into the well fund and that is what we have been doing
on this subdivision.
Morrow: In the subdivision that you have been.
Johnson: This wasn't a phase this was all part of the Sportsman Pointe Plat, it was
only tabled because of annexation into the city and including it into the Urban Service
Planning area. If you would like to require that on this subdivision we wilt look into
it whether we can comply with that. We have not explored that because it wasn't
a requirement originally.
Morrow: I think for editorial purposes here do you know what the pressurized
irrigation thing is here, we are having or because of the rapid growth and the fact that
we need to utilize the surFace water and the shallow sub-surface water to take care
of domestic lawns. It has become a more critical issue, we can't continue to approve
subdivisions and continue to allow deposits into the well fund and try to drill wells to
try and keep up with your gaining lots. So, I think from this point out what you are
going to see is.
Johnson: I have put them in in other subdivisions I am not opposed to putting one
in. We do have adequate water out of the Eight Mile Lateral, or there is groundwater
there if we can get permission to use that. The only complication it gives for me is
that we have an association that governs 150 some odd lots now, we are now
putting in these lots. You will have some people in the subdivision that have
pressurized irrigation and some that don't and yet they are all kind of paying for it.
It gets complicated as to how we do that, but it can be done.
Morrow: Thank you I have no further questions.
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Meridian City Council
April 19, 1994
Page 14
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Kingsford: Along that line I might just comment, you might be interested in Mr.
Baker's proposal here a little bit later with regard to pressurized irrigation.
Tolsma: There was a triangle shaped piece of land that wasn't platted on this.
Johnson: Yes, it is not owned by us it is owned by Mr. Fuller.
Tolsma: (Inaudible)
Johnson: It is on the other side of the Eight Mile Lateral and it has been deeded to
Mr. Fuller and my understanding is that Mr. Fuller is not opposed to it coming into
the City, is that correct?
Kingsford: I had a verbal conversation prior to last meeting and he said that it would
be all right. And I think we have legal descriptions about 3 ways.
Johnson: In regard to pressurized irrigation, we are planning pressurized irrigation in
all our future subdivisions that we are proposing. I think it is necessary, has it been
resolved as to who is going to operate it? I would prefer that they not be operated
by the Homeowners association.
Kingsford: And so would we. Our requirements I think Mr. Johnson will be that they
be built to a standard that has been submitted by Nampa Irrigation District and
(inaudible) operate and maintain them.
Johnson: Okay, I don't have a problem with that.
Kingsford: Any other quesfions for Mr. Johnson? Is Council prepared to take action?
Morrow: Mr. Mayor, I would move we approve the preliminary plat for Sportsman
Pointe Subdivision subject to inclusion of a pressurized irrigation system.
Kingsford: That issue first is annexation and zoning with preliminary plat. Mr.
Johnson was very accurate this was one that in their initial phases was outside of our
Urban Planning Area, that was changed they did a plat initially on all of that but it
wasn't in the City.
Morrow: So the sequence, you want a motion for annexation.
Kingsford: Have the City Attorney prepare an annexation ordinance and zoning and
then you can approve the preliminary plat as you desire.
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Meridian City Council
Apri! 19, 1994
Page 15
Crookston: Mr. Mayor, I don't recall whether or not the findings of fact were
approved.
Kingsford: Would you recall on that Mr. Berg? Just tabled so most likely they were
not. 7he first item then would be to approve the findings.
Morrow: So moved
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the findings of fact and
conclusions of law as prepared for Sportsman Pointe subdivision annexation and
zoning, all those in favor? Opposed?
MOTfON CARRIED: All Yea
Kingsford: We need to have the City Attorney draw up an ordinance annexing and
zoning.
Yerrington: So moved
Tolsma: Second
Kingsford: Moved by Max, second by Ron to have the City Attorney prepare an
ordinance annexing and zoning Sportsman Pointe subdivision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the preliminary plat?
Morrow: Mr. Mayor, I would move we approve the preliminary plat subject to the
pressurized irrigation being incorporated within this phase of Sportsman Pointe.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the preliminary piat of
Sportsman Pointe subdivision this phase conditioned upon having pressurized
irrigation.
Crookston: It should also be conditioned upon passage of the ordinance.
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Meridian City Council
April 19, 1994
Page 16
Kingsford: Will the second be withdrawn please.
Yerrington: So moved
Kingsford: Withdraw the motion
Morrow: I with draw the motion
Kingsford: Is there a new motion
Morrow: The new motion would be the same motion as before subject to passage
of the annexation ordinance.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the preliminary plat of
Sportsman Pointe subdivision conditioned upon pressurized irrigation being met and
passage of the ordinance annexing and zoning, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AND
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S
MEADOWS SUBDIVISION BY RONALD HENRY:
Kingsford: Are there any questions the Council has on that?
Morrow: I have questions for Gary Smith concerning, I think before the question was
with respect to Lot 8. We have in our packet a small schematic and an option
agreement concerning this. According to my notes we were talking about Lot 8-
Block 1, have you reviewed what has been submitted by Mr. Henry in terms of the
configuration and I think the option agreement is pretty self explanatory as proof of
ownership interest.
Smith: Only a minimum of review Councilman Morrow. The Lot will be part of Lot
3 as I review the drawing of Running Brook Estates. And it will receive sewer and
water service off of Calderwood as Lot 3 did. I guess the only issue would be the
easement for Ten Mile Drain, that they recognize that easement and locate it an
appropriate distance from. I did not look into the floodplain issue on this lot, but I
don't think there is a problem in Ten Mile Drain at this point. I think everything is
passing through this subdivision. f believe the crossing on Ca{derwood was sized
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Meridian City Council
April 19, 1994
Page 17
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such that the 100 year storm would pass and not cause any restrictions. So those
would be my only comments on this lot.
Kingsford: Any other questions of Mr. Smith? Is Council prepared to take action?
Morrow: I might have some questions for Mr. Henry with respect to. Essentialfy I
have the same questions, the pressurized irrigation issue and have you submitted
covenants and restrictions to the City Attorney for his review?
Henry: Yes on the later, and as far as the pressurized irrigation it hasn't been an
issue that has come up. But if it is a requirement we will meet it. t guess I qualify
that to say as long as there is enough water and that is fed through the property to
handle that. We have 2 wells on the site, but whether they can be converted into
using or feeding a system 1 don't know. But if it is a requirement we will comply.
Kingsford: Certainly you shouid consider that, you wiH have to look at those
specifications and maybe talk to Nampa Meridian. Any other questions for Mr.
Henry? {End of Tape)
Morrow: Does one motion take care of both the amended findings of fact and
conclusions and the preliminary plat or do those 2 things need to be separate?
Crookston: Separate.
Morrow: The proper sequence would be findings first. I would move we approve the
amended findings of fact and conclusions of law for Fawcett's Meadow subdivision.
Yerrington: Second
Kingsford: Moved by Walt second by Max to approve the amended findings of fact
and conclusions of law for Fawcett's Meadows subdivision, all those in favor?
Opposed?
Corrie: Isn't that a roll call vote?
Kingsford: Yes, roll call vote
R~LL CALL VOTE: Morrow - Yea, Yerrington, Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
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Meridian City Councii
April 19, 1994
Page 18
Yerrington: We didn't have a roll call vote on the other one.
Kingsford: We need to go back to other one. Is there a a motion the preliminary plat.
Crookston: You need to have the annexation ordinance drawn, if you are going to
approve the plat you need to approve it subject to the ordinance.
Morrow: Mr. Mayor I would move we instruct the City Attorney to draw the
annexation ordinance for the Fawcett's Meadows subdivision and zoning.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare the
annexation and zoning ordinance for Fawcett's Meadows subdivision, all those in
favor? Opposed?
MOTION CARRIED: all Yea
Kingsford: ts there a motion on the preliminary plat?
Morrow: Mr. Mayor, I would move we approve the preliminary plat subject to the
addition of the pressurized iririgation system and subject to the approva! of the
annexation ordinance.
Yerrington: Moved by Walt, second by Max to approve of the preliminary plat subject
to meeting the pressurized irrigation and the approvat of the annexation and zoning
ordinance, all those in favor7 Opposed?
MOTION CARRIED: All Yea
Kingsford: We need to revisit the issue on Sportsman Pointe, findings of fact and
conciusions of taw. Entertain a motion to take that back up.
Corrie: So moved
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to reconsider the Sportsman Pointe
subdivision for the purpose of findings of fact, alf those in favor? Opposed?
MOTION CARRIED: All Yea
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Meridian City Council
April 19, 1994
Page 19
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Kingsford: Entertain that motion to approve those findings again.
Yerrington: So moved
Morrow: Second
Kingsford: Moved by Max, second by Walt to approve of the findings of fact and
conclusions of law for Sportsman Pointe Subdivision, rolt cal! vote.
ROLL CALL VQTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRtED: All Yea
ITEM #5: FINDINGS OF FACT AND CONCLUStONS OF LAW FOR A VARIANCE
REQUEST FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH LOVELESS:
Crookston: Mr. Mayor, I have a conflict in this matter, I would like to step down and
have Mark Freeman preside.
(Wayne Crookston steps down, Mark Freeman takes his place)
Kingsford: Welcome aboard Mr. Freeman, glad to see you dress a little better than
our Attorney. Has Council reviewed the findings of fact and conclusions of law?
Corrie: Mr. Mayor, f have and I move for approval of findings of fact and conclusions
of law on the variance request.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to approve the findings of fact and
conclusions of law for the variance request for Navarro subdivision by the Four T's,
discussion Mr. Morrow.
Morrow: I am a little troubled by the fact that previous City Councit's have made the
subdivision to the west which is Piedmont subdivision have 80 foot front lots, the
argument could be welt made that they had a hardship greater than this subdivision
in the fact that their backyards backed up to commercial and office uses. I am a little
concerned about the inconsistency. I know the argument was put forth that it was
an infiU but that ent+re area essentially is an infifl area. f have great confidence in the
development team, the marketing team that the subdivision will be a ctass act. I do
intend to vote but with the reservation that I think it we are going to develop a
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Meridian City Council
April 19, 1994
Page 20
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position where we are going to have 80 foot front lots that clearly we ought to be
consistent. And if it is good enough for somebody that has a greater marketing
hardship that being immediate adjacent property tines to commercial development it
ought to apply to this area also. Even though the subdivision to the east which
precedes it in time by a year or so had the 70 foot lots. So, I guess from my
perspective that we need to see some consistency if in fact we are going to put out
requirements.
Kingsford: I don't disagree with you Mr. Morrow, I think that a significant difference
is that this Council was not for a variance on the subdivision that you mentioned that
was on staff. And I appreciate that that particular developer came in and said they
wouid do that. They didn't request this Council and so I don't think you are being
inconsistent in that approval. It is hard to grant something if we are not asked for it.
Any other discussion? It has been moved and seconded, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRI~D: All Yea
Kingsford: We need a motion on the variance.
Corrie: Mr. Mayor, I move that we approve the variance decision.
Yerrington: Second
Kingsford: Moved by Bob, second by Max to approve th~ Variance, all those in
favor? Opposed?
MOTION CARRIED: Al! Yea
Kingsford: Thank you very much Mr. Freeman.
Freeman: Thank you Mayor and Council.
IMark Freeman steps down and Wayne Crookston resumes his seat)
ITEM #6: ORDINANCE #643 - FLOOD PLAIN ORDiNANCE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-405
OF THE REVISED AND COMPILED ~RDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION ~F THERETO OF AN ADDITIONAL SECTtON TO BE KNOWN AS 2-405 D.
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Meridian City Council
Aprit 19, 1994
Page 21
ENTITLED "ENCROACHMENTS", WHICH SHALL GIJVERN IN AREAS OF SPECIAL
FLOOD HAZARDS WHEN FLOOD ELEVATIONS HAVE BEEN PROVIDED BUT
FLO~DWAYS HAVE NOT; AND PROVIDING AN EFFECTIVE DATE. Is there anyone
from the public #hat would like Ordinance #643 read in its entirety? Entertain a
motion.
Tolsma: Mr. Mayor ! move we approve Ordinance #643 with suspension of the rules.
Corrie: Second
Kingsford: Moved by Ron, second by Bob to approve Ordinance #643 with
suspens+on of the rules, roll call vote.
R~LL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #7: ORDINANCE #644 - SCiCSOE REZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDtAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY !N THE CITY OF MERtDIAN WHICH IS
DESCRIBED AS COMMENCING AT THE SECTfON CORNER COMMON TO SECTI~N
6 AND 7 TOWNSHIP 3 NORTH, RAGE 1 EAST, AND SECTIONS 1 AND 12,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOtSE MERIDIAN, ADA COUIVTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would
like Ordinance #644 read in its entirety? Entertain a motion?
Yerrington: Mr. Mayor, f make a motion that we approve Ordinance #644 with
suspension of the rules.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to approve ~rdinance #644 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTfON CARRfED: All Yea
ITEM #8: ORDINANCE #645 - SUMMERFIELD ANNEXATION:
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Meridian City Council
April 19, 1994
Page 22
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Kingsford: AN ORDINANCE OF THE CITY ~F MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED
IN THE SW 1 J4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T. 4N, R. 1 E, B.M.,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from
the public that would like Ordinance #645 read in its entirety? Counselor, would you
do that honor?
Crookston: Ordinance #645, AN ORDINANCE OF THE CITY OF MERIDIAN
ANNEXING AND Z4NING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A
PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF
SECTION 32, T. 4N, R. 1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have
concluded that it is in the best interest of the said City to annex to the said City real
property which is described in Section 1 below:
NOW, THEREFORE, BE 1T ORDAINED by the Mayor and City Councii of the Cit
of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land located in the SW 1/4 of the SE 1/4 of the SW 1/4 of Section
32, T. 4N, R. 1 E, B.M. Ada County, Idaho, more particularly described as
follows:
Commencing at the comer common to Sections 31 and 32, T. 4N, R. 1 E, and
Sections 5 and 6 T. 3N, R. 1 E, B.M. thence North 00°01'36" West, 295.00
feet to a point; thence North 89°43' 17" East, 110.00 feet to a point; thence
South 00°01'36" East 295.00 feet to a point on the South boundary ofi
said Section 32; thence South 89°43' 17" West, 110.00 feet to the Point
of Beginning,
is hereby annexed to the City of Meridian, and shail be zoned R-4 Residential; that the
annexation and zoning is subject to the conditions referenced in ~he findings of fact
and conclusions of law as adopted y the Meridian Council on the request for
annexation and zoning.
Section 2. That the property shall be subject to the 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 1and.
b. That the developer of the property shall be subject to and controlled by the
Subdivision and Development Ordinance and the Meridian Comprehensive
Plan adopted January 4, 1994.
c. That, as a condition of annexation, the Applicant shall be required to enter
into a development agreement as authorized by 11-2-416 L and 11-2-417
D; that the development agreement shall address inclusion into the
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Meridian City Council
April 19, 1994
Page 23
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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 the annexed land must meet and comply with
the Ordinances of the City of Meridian and in particular Section 11-9-616,
which pertains to 605 M which pertains to the tiling of ditches and
waterways.
e. That these conditions shall run with the land and bind the Applicant,
the titled owners, and their assigns.
f. Meet the requirements and conditions of the findings of fact and
conclusions of law and meet the Ordinances of the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy of the legal description,
and map, which shall plainly and clearly designate the boundaries of said property,
to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax
Commission with ten (10) days foltowing the effective date of this Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency, which emergency
is hereby declared to exist, this ordinance shal{ 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 blank which woufd be 19th day of April, 1994. Approved:
Mayor Grant P. Kingsford, Attest: William G. Berg, Jr. City Clerk. There is a notary,
designating this is a true and accurate copy of the ordinance and then there is a
notarization, do you which those read?
Donahue: I was just curious wasn't there a stipulation about a soccer field to put in
there and standard size in the conclusions ofi law.
Crookston: Not in this particular portion of Summe~eld. This is .74 acres of ground,
it is a parcel that is a small piece.
Donahue: That small existing house is going to be included in this.
Crookston: Yes, you don't want the rest of it read.
Donahue: No
Kingsford: Is there a motion?
Morrow: Mr. Mayor I would move that approve Ordinance #645 with suspension of
the rules.
Corrie: Second
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Meridian City Council
April 19, 1994
Page 24
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Kingsford: Moved by Walt, second by Bob to approve Ordinance #645 with
suspension af the rules, is there discussion?
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #9: ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE
NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is
there anyone from the public that would like Ordinance #646 read in its entirety?
Entertain a motion.
Corrie: Mr. Mayor, I move we approve Ordinance #646 with suspension of the rules.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to approve Ordinance #646 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #10: AMENDED RESOLUTION 111-A - BUILDtNG PERMIT FEES:
Kingsford: AN AMENDED RESOLUTION BY THE CITY COUNCiL OF THE CITY OF
MERIDIAN, IDAHO, PROVIDING FOR THE ADOPTIQN ~F THE CITY OF MERIDIAN
BUILDING PERMIT FEES SCHEDULE.
WHEREAS, the City Council of the City of Meridian deems it in the best interest
of the City of Meridian to amend the 1987 Resolution 111 Building Permit Fee
Schedute to reftect a 25% increase which shall read and set forth in exhibit A
attached hereto and which exhibit is by the reference herein as if set forth in fuli.
Council members are you prepared to approve amended Resolutio~ 111-A.
Morrow: Discussion Mr. Mayor, in referring to the minutes to the last meeting it
woufd appear to me that Mr. Corrie's motion was and I am quoting, "Mr. Mayor I
move that we go to a 25% increase on the fees at this point, residential excuse me,
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Meridian City Council
April 19, 1994
Page 25
which would bring us to the Boise fees." It would appear that his motion was for
residential fee increases, the amended resolution as drawn does not make that
distinction that it is residential.
Kingsford: You are certainly right about the motion that is my recollection as welt.
Any comments on that Mr. Corrie?
Corrie: That is correct Mr. Mayor, it was for residential, not commercial.
Kingsford: Would it be appropriate to redraw resolution 111 A, entertain a motion to
that effect.
Tolsma: So moved
Corrie: Second
Kingsford: Moved by Ron, second by Bob to redraw amended resolution 111 A, all
those in favor? Opposed?
MOTION CARRIED: All Yea
1TEM #11: FINAL PLAT: ELK RUN SUBDIVISION NO. 2, 44 LOTS BY THE
DEVELOPMENT GROUP AND GARY LEE:
Kingsford: Does Council have any questions for the engineer? Let me first ask, is
this the same plat that we saw before?
Lee: It is
Kingsford: You are certain of that we have had multiple plats appearing here.
Lee: No, it is the same as the preliminary plat.
Kingsford: Do you concur with that Mr. Smith?
Smith: Yes sir.
Corrie: Mr. Mayor, Gary you have read his commentsl
Lee: Yes, I got them today and re-did them.
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Meridian City Council
April 19, 1994
Page 27
Lee: I think it was
Smith: And 1 just, I haven't been out there for some time so I didn't know what the
status of that fence was. Nampa Meridian requested that it be moved I believe.
Lee: Our conversation with Nampa Meridian Irrigation District is that there is a license
agreement in the works right now to address the fencing issues. There are a couple
areas that likely will have to be modified.
Morrow: t have no more questions of Gary.
Kingsford: Other questions for Mr. Lee?
Morrow: The same issue, the pressurized irrigation issue, can you address that for
me?
Lee: Well, it wasn't the plan to install pressurized irrigation when the preliminary plat
was installed. It is a 12 acre site, I am not real sure on the economics of this
particular project I don't know if it is something that is viable or not. Nampa Meridian
has indicated in the past that their feelings are that anything less than about 20 acres
it is not a feasible way to approach it.
Morrow: I think experience has shown at least from my perspective that it is feasible
down to 5 acres to and including if you have to do any shallow wells as an additional
source of water. My first experience was in 1976 and it still functions today the
pumps as well.
Kingsford: Mr. Lee, as recently as tF~is afternoon in a meeting with the Nampa
Meridian Irrigation Board they said they would be very willing to look at any of those
systems of any size. So, they may have amended that.
Morrow: Have you submitted your covenants and restrictions also to the City
Attorney for his review?
Lee: I would probably have to defer that to the developer I am not sure.
Crookston: I believe they have submitted it.
Morrow: I have no further questions.
Crookston: I haven't had an opportunity to review them yet.
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Meridian City Council
April 19, 1994
Page 26
Corrie: Any problems?
Lee: No
•
Morrow: I have a question of Mr. Smith, it is primarily an informational question.
Why are the Cable T.V. and U.S. West requesting a 10 foot easement now instead
of a 5 foot that we normally do for that type of utility?
Smith: 1 don't know Councilman Morrow, I haven't checked with them. I just noticed
it on several subdivisions, their comment sheets that have come in lately have been
requesting 10 feet on each side of the rear lot line. In the not too distant past the
City of Meridian had a 10 foot easement required along rear property lines and it was
for one reason or another decreased to 5 feet which is the same dimension that exists
on the sidewalk. i think the old 10 foot easement kind of laid it back to the alley, but
around the exterior boundary of the subdivision we still carry a 10 foot easement. Of
course the theory behind the two 5 foot easements on the rear property lines is they
back into each other is that you have 10 feet the sum of the 2. 1 don't really know
the answer to your question why they are requesting 10 feet. I do know that when
telephone goes is and cable T.V. goes in they don't go in straight lines. And I have
got a feeling that have had probtems keeping their facilities in 5 feet. it is just the
way that they p{ow. Historically there have been real problems with the alignment
of their cables, you just can't tell where they are going to be or how deep they are
going to be.
Morrow: Would that not be a management problem on their part?
Smith: Yes, sir it is but.
Morrow: We are not going to request of our folks that they do a 10 foot easement,
our Ordinance says 5 feet.
Smith: Our 4rdinance says 5 feet right now, and I just bring that up as an
informational.
Morrow: The other quesfion I had f you is what is the status of the fencing installed
along the Kennedy Lateral, what is the purpose of that comment or question?
Smith: Well, there was, when I checked back through the file there was a question
that was brought up at the time that 1 think No. 1 was done, I think it was Nampa
Meridian that brought the question up, is that right Gary?
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Meridian City Council
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Page 28
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Kingsford: Mr. Berg, if you would place those on the agenda when they have been
reviewed for Council approval. Any other questions of Mr. Lee? Is Council prepared
to make a decision?
Morrow: Mr. Mayor I would move that we approve the final plat subject to the
pressurized irrigation system being installed within the Elk Run Subdivision #2.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the final plat of Elk Run
subdivision No. 2 conditioned upon the pressurized irrigation system, all those in
favor? Opposed?
MOTION CARRIED: AI1 Yea
ITEM #12: FINAL PLAT: TRACT SUBDIVISION NO. 5, 75 LOTS BY PROPERTIES
WEST AND GARY LEE:
Kingsford: Any questions for the engineer? Probably something with regard to
pressurized irrigation.
Corrie: Mr. Mayor, just before my other comments, I hope we do have the irrigation
companies running these because I can see some big problems if we don't.
Kingsford: If they are in a homeowners association I had some reat problems with
people hooking to City source and we will achieve nothing with that and we will have
gotten no development fee. It has to be an enfity either ourselves or the irrigation
district, and I would far prefer the irrigation district.
Corrie: Okay, with that 1 will confinue then Mr. Mayor. I guess there are 5 things on
Gary's list and one of them that I am partic~larly wondering about is that 78 lots were
shown on the preliminary ptat and 75 lots are shown on the final plat. Can we get
an explanation here?
Lee: The last 2 phases of Tract Subdivision actually 3 it started with Tract No. 3 and
parts of 2. The market in that are has changed somewhat from the original concept
that we had developed for that subdivision. And we have been dropping lots in each
phase through the final plats and allowing for our wider lots. We originally had the
subdivision approved for an excess of 300 lots with a minimum of 60 foot frontage.
And now the market is pointing us towards lots that are in an excess of 70 feet, 70
to 74, 76 feet in average width. That is why there are lesser numbers.
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Meridian City Council
April 19, 1994
Page 29
Kingsford: Other questions for Mr. Lee? Is Council prepared to make a decision?
Morrow: Mr. Mayor I move that we approve the final plat of Tract subdivision No. 5
subject to installation of the pressurized irrigation system.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the final plat of Tract
subdivision No. 5, 75 lots conditioned upon pressurized irrigation system, all those in
favor? Opposed?
MOTION CARRIED: All Yea
Lee: Can 1 ask a question about that pressurized irrigation? The waiver requests on
these subdivisions I assume apply on all of them?
Kingsford: Certainly, there are as we have been advised by Nampa Meridian Irrigation
district someplace they just can't service so that wouid be the intent of leaving that
waiver in place in our ordinance, it will be for that purpose only.
Lee: I know in Tract Subdivis+on in particular they have been forfeiting their water
rights as the subdivision has proceeded, but we will address that. Thank you.
Kingsford: Again I would encourage you to hang in and listen to Mr. Baker's
comments because he is looking at retrofitting and I believe that Nampa Meridian will
still be willing to work with reassigning those water rights.
ITEM #13: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 3, 64 LOTS BY MAX
BOESIGER AND HUBBLE ENGINEERING:
Kingsford: Does Council have any questions for Mr. Boesiger or his engineer?
Corrie: Mr. Mayor, I guess I have some problems again with Gary's comments, why
do we have 63 lots now and the prefiminary showed 56 fots. We are changing lots
sizes from the preliminary to a final, why? I guess Max you can.
Merkle: A little history on the project, when the preliminary was submitted and
approved it was submitted under an application by G.L. Voight Construction. The
Bonn property was the easterly 20 acres I believe which this phase is now.
Subsequent to the approval of that Mr. Voight did not obtain that property Boesiger
has that property now. You approved the ordinance earlier for a little .74 annexation
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Meridian City Counci{
April 19, 1994
Page 30
•
fior the piece of the southeast corner of the Summerfield. When we went through the
Planning & Zoning public hearing and the Council public hearing for that annexation
we talked about extending that culdesac and bringing it up. Because if we lengthen
the culdesac it would be in variance of your ordinance of 450 feet. We have met
with ACHD on that and they have no probfem with the interior modification of the
street layout. When we added that .74 acres and extended the culdesac, we added
several lots along that area. When we bring that culdesac into the intersecfion, when
you look at the layout and compare the 2 you have to line up the intersection. So,
there is some street modification in the southeast corner of the preliminary plat to
meet this fina) plat. And just by the function of realigning the streets, we have added
several lots. We are still in compliance with the approval and the findings of fact and
conclusions of law for the preliminary plat which talks about the density of the
annexation for the 70 acres, we are in compliance of that. When we sat down in
January with Planning & Zoning staff on how to proceed on this issue this is exactly
the way we were advised to proceed. Was to submit for the annexation of the .74
acres and address the layout change when we submitted our final plat and that is
exactty how we proceeded.
Kingsford: For clarification that was the Planning & Zoning Administrator and with
Mr. Smith and myself and Mr. Merkle last Thursday and that was discussed.
Merkle: tt was yesterday. And to address an issue that may come up, we are
installing pressurized irrigation in this and all the phases of Summerfiefd Subdivision.
Corrie: So, you don't have any other problems with the engineers comments?
Merkle: No, we can comply with Gary's comments.
Kingsfard: Have you submitted your CC&R's?
Merkle: Not on this particular phase, but I have them here in my hand right now. I
am not sure what the progression af SummerField No. 1 CC&R's are, but they would
just be an amendment to them. And I have those here this evening, 1 would just
suggest that we make this a condition of the signature of the final plat that this be
resolved and approved by the City Attorney.
Crookston: I would have to look back to see whether I reviewed the initial ones or
not.
Merkle: To apologize on my part we have never had to bring these CC&R's at this
stage from my understanding. But, if we have to in the future we will definitely
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Meridian City Council
April 19, 1994
Page 31
include that in our obligation package.
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Kingsford: We will be getting out a checklist it is a little more definitive of those
things and I will make sure you get that.
Corrie: Did you also get that Summercrest?
Merkle: Yes, we will submit that Ada County Street Name Committee approval to
Gary prior to him signing the f~nal plat.
Kingsford: Any other questions?
Donahue: Can I ask a question?
Kingsford: Well, I would be willing to do that, but it might be more appropriate to ask
him maybe in the foreroom.
Donahue: Well, it is concerning the findings of fact and concfusions of law that were
done by the City Council December 7th, in there is states straight out that the density
there would be 3 lots to the acre finaudible) and now there is not. So, 1 would like
to know how we can change the conclusions of law.
Merkle: Mr. Mayor, members of the Counci! we are less than 3 lots per acre over the
total 70 acres of the Summerfield subdivision.
Donahue: On the apptication it says 3.2 in phase 3.
Merkte: The approval and findings of fact and conclusions of law for the Summerfield
subdivision said a maximum of 3 units per acre, it is not an exact density it is a
maximum density.
Donahue: Because in the sworn statement and (inaudiblel stated in there
Kingsford: Ms. Donahue, if we proceed with this would you come up to the
microphone so we can get it on tape please?
Donahue: Well, I am just kind of confused because I get all this that is sworn
testimony and Don Hubble on August the 17th, 1993 we have seen a number of
concerns (inaudible) about the neighboring property owners for the primary concerns
of our density, traffic and school crowding. Our density for this project is slightly less
than 3 lots fio the acre and we are apRlying for an R-4 which would allow for a total
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Meridian City Councii
April 19, 1994
Page 33
requirements been addressed?
Smith: No sir
~
Morrow: Have any of your comments, I noticed there are 15 comments, have any
of those been addressed at this point?
Smith: No sir
Morrow: Okay, so I guess the rest of my comment would be directed toward Mr.
Yorgason or his representative. Have you read Gary Smith's comments?
Yorgason: Yes I have
Morrow: Can you address those please?
Yorgason: It +s my understanding that those are conditions before the fina! plat wil)
be approved or signed and recorded. And that it is my understanding that the has
looked at those and that they will be in compliance with those issues that he has.
Morrow: You engineer has looked at those and he will be in compliance with these?
Yorgason: That is my understanding.
Morrow: I guess my next question would be is have you submitted your covenants
and restrictions to the City Attorney for review?
Yorgason: 1 don't know if they have been tumed in, I know they are completed. And
those have to be completed and approved prior to the signing of the final plat. That
is the way we have always handled it in the past.
Morrow: And then the pressurized irrigation item.
Yorgason: Yes, we have installed pressurized irrigation in the first 3 phases and we
will be continuing with this last phase.
Morrow: Good
Kingsford: Any other questions? Is Councit prepared to decide?
Morrow: Mr. Mayor 1 would move that we approve the final plat for Waterbury Park
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Meridian City Council
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Page 34
subdivision No. 4 subject to staff conditions, CC&R's and pressurized irrigation.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the final plat of Waterbury Park
Subdivision No. 4 conditioned upon staff approval, pressurized irrigation and CC&R's
submitted for approval, all those in favor? Opposed?
MOTION CARRIED: All Yea
tTEM #15: FINAL PLAT: SPORTSMAN POINTE SUBDIVISION NO. 4(FORMERLY NU.
5) BY THE WESTPARK COMPANY:
Kingsford: Does Council have any questions for Mr. Johnson with regard to
Sportsman Pointe No. 4.
Morrow: Mr. Mayor, I have some questions and Wayne is not here to address it but
to read what his concerns are for the record. If the City Council decides to approve
the final plat application of Sportsman Pointe No. 5 then I respectFully request that the
City Council do so with the condition that the Planning Director, Assistant City
Engineer, City Attorney meet and jointly review the annexation files, findings of fact
and conclusions of law and here the minutes for this project to determine and verify
compliance. As I reviewed this project I discovered some file discrepancies that need
to be explored before I can make a firm recommendatinn that this project is ready for
file approval.
Kingsford: What was the date on that letter Mr. Morrow?
Morrow: February 71, 1994.
Kingsford: Unless 1 am incorrect, I think that has been done and that is the reason
for the former No. 5. Would you comment on that Mr. Berg please? Tha# had to do
with the numbering and annexation of the one you guys just did and flipping those
around a~d I believe that file has been squared away.
Johnson: That is correct, that is the reason this was tabled back in February.
Kingsfard: That meeting by the way did take place. Any other questions for Mr.
Johnson or staff?
Morrow: Same questions, the covenants and restrictions have been submitted for
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Meridian City Council
April 19, 1994
Page 35
review?
~
Kingstord: That would apply to the ones he discussed earlier, they are still going
phase by phase.
Morrow: So we have reviewed that and also the pressurized irrigation system. So,
my motion would be that we approve the final plat of Sportsman Pointe subdivision
No. 4 subject to compliance with staff requirements, the pressurized irrigation and the
CC&R's.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the final plat of Sportsman
Pointe Subdivision No. 4 conditioned upon the staff approvals, pressurized irrigation
and the submittal and approva( of CC&R's, all those in favor7 Opposed?
MOTION CARRIED: All Yea
1TEM #16: PUBLIC HEARING: VARIANCE REQUEST BY MIKE AND CYNTHIA
SCISCOE:
Kingsford: At this time I will open the public hearing and invite the owner to speak
first.
Mike Sciscoe, 2210 North Meridian Road, was sworn by the Attomey.
Sciscoe: Mayor and members of the Council, we put in for a variance on this
property through a discussion with the Mayar, with City Attorney and Ron Tolsma at
a special meeting trying to get our zoning situation worked out and this was part of
getting that worked so we could have a residence on the property that is being
rezoned to CC.
Kingsford: Does the Counci! have any questions for Mr. Sciscos?
Morrow: My only question is will the residence be hooked to City sewer and water?
Sciscoe: Yes we will.
(End of Tape)
Yerrington: Both tots will not be on the same service will they?
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Meridian City Council
April 19, 1994
Page 36
Sciscoe: No they won't, they will be separate.
Kingsford: Any other questions? Counselor
Crookston: Mr. Sciscoe, I think you need to explain to them why the variance is
required.
Sciscoe: The variance is required because it will cause an undue hardship, one on the
rezoning of the properly, because of the size of the property which is only .41 acres
and trying to split it which was our original intent, what we originally tried to work out
with Wayne is that it would cause the lots to be economically impractical. Because
of the way it would be split up, if we had a house on residential and the business
properry separated out with the setback requirements and everything you would leave
no room to act~ally put a building there. And the other point was that the property
around us to the north which in the findings of fact is noted as a residence there is
also a commercial general property already. The other part of our parcel which is
going to be Dorado Developments .45 of the rezone request which we just approved
earlier is going to be Limited Office and therefore we are being sandwiched in
between that with apartments to the east of us. And therefore we saw in the future
as Meridian grows that this property practically will not become a residence if we in
the future setl it.
Kingsford: And that was again part of the request that we made of them to have a
variance, and that variance wouldn't follow along to new owner as a rezone would
and so that was our request as well.
Tolsma: I have a question, on this map it shows the Meridian rezone on here but I
believe that your lot is just half of this.
Sciscoe: Yes sir, the other half is Dorado Developments.
Tolsma: And they have also applied t think
Sciscoe: Well, from the whole, since the beginning of the process they have been the
other half of the rezone.
Tolsma: With the CC, but we are only really talking about half of this tonight then.
Sciscoe: Yes, as far as the variance request.
Kingsford: Any other questions for Mr. Sciscoe? Anyone else from the public that
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Meridian City Council
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would like to offer testimony on this issue? Seeing none I will close the public
hearing, Council members you have the preliminary findings, obviously have not
changed, can I have a motion on those?
Tolsma: So moved
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve the preliminary findings of fact
and conclusions of law on the application for Michael and Cynthia Sciscoe and
Dorado Development, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Entertain a motion on the Variance.
Tolsma: Mr. Mayor, I would move that we grant the variance request tor Michael and
Cynthia Sciscoe.
Yerrington: Second
Kingsford: Moved by Ron and second by Max to approve the variance request by
Mike and Cynthia Sciscoe, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #17: PROCLAMATIONS: SPOTLIGHT OUR SCHOOLS WEEK
OIL RECLAMATION WEEK
U.S.A. LAW DAY
Kingsford: t witt just mention what they are and not read all 3 of them. A
proclamation spotlighting our schools week, a proclamation on oil reclamation week
and U.S.A. Law Day, those proclamations are here and available for the record.
ITEM #18: DANBURY FAIR SUBDIVISION: PRESSURIZED IRRIGATION RETROFIT:
Kingsford: Mr. Baker if you would like to come forward or your designee and address
that issue.
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Meridian City Council
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Torfin: Mr. Mayor and members of the Council, I think you have a letter in front of
you and I coutd just restate our proposal and our request. We are proposing to begin
to install a pressurized irrigation system for the Danbury Fair project and to retrofit
phases 1 and 2 which are sold out essentially. I guess simply stated that is our
request or proposal and we are requesting that the City consider refunding previously
paid well development fees for those phases.
Kingsford: Any questions for Mr. TorFin?
Morrow: Mr. Mayor, what procedure do we, I think the request for the refund of the
well development fees in views of the retrofit is a fair request. What procedure do
we use to get that accomplished?
Kingsford: Well I think that Mr. Baker and 1 discussed, I don't remember who all was
in that meeting besides Mr. Torfin, was that we wouid only retund those upon
completion of that retrofit and approval by the irrigation district. And that then will
come from our well fee if that is your desire. Council would have the ability to do
that it doesn't require anything based on bond Council because it is not a bond issue
it would be your decision to make.
Morrow: That being the case I would like to move that we refund the well
development fees paid by Dennis M. Baker, president of BW, Inc pending completion
of the retrofit of phases 1 and 2 of Danbury Fair Subdivision to meet the
specifications put for by and acceptance of Nampa Meridian.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the return of the well fees
paid by Danbury Fair in phase 1 and 2 subject to that system by Nampa Meridian
Irrigation District, all those in favor? Opposed?
MOTION CARRlED: All Yea
Kingsford: Thank you Mr. Baker, it is a real step in the right direction.
ITEM #19: STEVE RICKS: MIDTOWN SQUARE SUBDIVISION:
Kingsford: Council has a plat, the issue there is the elimination of the 3 limited office
lots and renumbering. In as discussion with Mr. Ricks has subsequently been his
involvement with Mr. Crookston there is a proposal that will be brought before you.
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Meridian City Council
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Ricks: I don't know exactly what the proposal is in the proper terminology bufi I
submitted to Will a memorandum that I hope each of you received exptaining the
problem that we had. When we first platted Midtown Square Subdivision out here
on Cherry Lane it contained approximately a little less than 3 acres of LO up on
Cherry Lane and then the balance of the property, approximately was zoned single
family residential, 46 lots. We went through the preliminary and final plat processes,
submitted construction drawings and proceeded with development of the subdivision.
As we were circulating the draft of the preliminary layout for the limited office space
the LO, we ran into a dead end with the Ada County Highway District. ACHD at that
point informed us that we would not be permitted to have an additional curb cut on
Cherry Lane to access the office park. And ACHD I think even sent a letter to the
Mayor or Mr. Forrey or somebody asking for some certification from the City of
Meridian that the City of Meridian would not permit any further curb cuts to the LO.
So, we had to redesign our office park by eliminating that Cherry Lane curb cut which
we had anticipated and accessing the office park off of Crestmont which was the
entrance street into the subdivision. So, then we presented, we redesigned our office
park, actua!!y it doesn't have a public street in it now it is just a parking lot with 4
buildings surrounding it and I have the layout here if you care to look at it. When we
presented the final plat which was approved by this Council to ACHD for signature
after we obtained some other signatures, ACHD said we cannot sign the final plat
because you don't show any access to Lot 2 in the office park. Which lack of access
was brought about by ACHD saying you can't have anymore curb cuts on Cherry
Lane. So, at that point we were classic catch 22 situation of having you gentleman
approve the final plat with the 3 LO lots and other agencies having that approved and
then ACHD saying you can't have anymore curb cuts to access that portion of the
office park. So, I instructed our engineers to meet with the City of Meridian and they
did meet with Mr. Forrey, they discussed the probtem, indicating that we need to get
signatures but the office park didn't seem to meet the original design that we
anticipated and ACHD would not sign. They concluded that the best solution was to
draw up off the 3 lots LO off of the Midtown Square subdivision plat because it was
go'rng to have to be redesigned anyway and it would not have 3 lots it would just
have 1 big parcel and go back and get the City signatures on the plat for just the
subdivision and submit the LO plat later on as a phase 2 to the subdivision because
it is a separate distinct use anyway. And get the signatures that way, so we did do
exactly that and there were 2 changes that resulted from that discussion. One
change was that there was one block in the subdivision that that the 13 lots had to
be renumbered. There was no change to the lots, instead of carrying lots 4 through
16, they now carry lots 1 through 13. And then the LO was dropped off the plat for
future phase 2 of Midtown Square which would be the LO. We have already
designed the LO, designed our buildings. We are in the process of securing tenants
as soon as we finish the streets and the subdivision we are going to start developing
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Meridian City Council
April 19, 1994
Page 40
the office park. We have been through design and review proceedings with Wayne
an Shari and have received oral approval of the setbacks and various aspects of the
design review stage for the office park. However it doesn't show on this plat which
is phase 1. So when the plat was presented to Gary Smith for signature as I indicate
in my memo to you he correctly noted that it was different from the plat that was
approved by this Council. And presumably called that to the Mayor's attention and
I met with the Mayor and discussed the best way to skin this cat and still proceed on
with the subdivision and the LO. And he suggested that I talk to Mr. Crookston and
which I did and I think we concluded that I would need to submit a specific plat for
the LO at a later time for approval. Which I am more than happy to do, 1 asked Will
to put it on the agenda and that is where we are today. That is kind of a long way
around the barn.
Kingsford: Fundamentalty, it was a plat that was not what you approved and in
meeting with Gary said don't sign it until the Council has revisited it and it is
satisfactory with it because it is not what you originally saw. Nothing has changed
except the numbering of those lots and it has omitted the 3 lots with Limited Office
at this point.
Corrie: Mr. Mayor, Steve I know we met quite a few times and you have been very
upftont with us with everything you have done on this and 1 appreciate that. And I
see no probiem with your request I just have one question for the Mayor. I was under
the impression the City still had the final say where cuts are going to be put in, is that
wrong?
Kingsford: That is wrong
Ricks: I do have the layout here of the office park and what it shows if the Council
would like to review that.
Kingsford: Do you wish to look at that now or when that is presented to you?
Corrie: When it is presented as far as I am concerned.
Kingsford: Any other questions for Mr. Ricks? Entertain a motion. The motion would
be to allow the City Engineer and City Clerk to sign the plat, the Mylar omitting the
LO lots and the renumbering of the residential iots.
Morrow: So moved
Corrie: Second
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Meridian City Council
Apri! 19, 1994
Page 41
Kingsford: Moved by Walt, second by Bob to approve of having the City Engineer
and City Clerk sign the plat dropping the LO lots and renumbering the residential lots,
all those in favor? Opposed?
MOTlON CARRIED: All Yea
iTEM #20: DEPARTMENT REPORTS:
Kingsford: Let's go to the Department Reports B, since Mr. Smith has to sit here
anyway and deal with the Lease. We have multiple individuals here to no doubt deal
with that. Who wants to present that lease issue, Mr. Hamilton?
Hamilton: Mr. Mayor and Councilmen, what is in question on the lease 1994
compared to our originat lease is that as of December 39 , 1994 Ken Hamilton doing
business as Ken Hamilton Presentations has no right to renew this particular lease.
In 1989 when I originally entered into a first agreement with the Dairy Board and the
City Council it was under the understanding that the property would be available to
the Dairy Board Association or myself as long as the Speedway was maintained and
kept open. This particular lease like it is, if I sign this and for whatever reason would
decide not to lease me this property again unfortunately we would have to shut down
the Speedway. What I am asking is that we have in this particular portion of it the
renewal portion of it something worded in their that I would have, I would be able to
re-lease this property. Not saying that it is terminated at the end of 1994. We need
to reword it someway that we have access to this property. I am under the
understandings from Mr. Tolsma that the City cannot lease the property for more than
a 1 year period. That would be fine also it we could get that 1 part rewritten
someway. Do you have any suggestions how we might go about that.
Kingsford: You are in opposition to the part that says you cannot re-lease that
property, is that correct?
Hamilton: Right
Kingsford: I don'# think that is a problem at least as I perceive it. I think the issue
and I haven't been directly involved in this, but as I have heard it from Council
members is they would like this to go to a year to year lease, is that correct Mr.
Tolsma?
Tolsma: Yes that is what our parks board did, but then also I think with the City
cannot enter into a tease that is fonger than what the elected term of the elected
officials is, which is 2 years. Be it the elections are next year it means a year plan
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Meridian City Council
April 19, 1994
Page 42
and then it could be for a 2 year plan after that, but elections are next year on City
officials. I believe it is like Mr. Attorney that you (inaudible) term.
Kingsford: Well, that would be this year and next.
Morrow: My question would be what originally as I understand this was done to
begin with there was a 5 year master lease with the Dairy Board with respect to the
Speedway and that the lease for this property through the City and those were
renewable through 1 year increments, the expirafion of this lease now was essentially
structured the same way. Is that correct, was the lease done incorrectly to begin
with, is that what we are saying here today. My question is if the re-lease by Mr.
Hamilton is for a 5 year again with the Dairy Board renewable in 1 year increments
cannot this lease be structured the same way as it was before since it is a 5 year
master with 1 year renewable option.
Kingsford: I don't make 580.00 an hour, ask Mr. Crookston.
Crookston: Did you give me a raise?
Tolsma: This lease has right of renewal.
Crookston: This lease has right of renewal.
Tolsma: He has the first right of renewal.
Crookston: No he doesn't.
Hamilton: No 1 don't
Crookston: He does not have the right
Tolsma: He has first option of renewal then
Crookston: He has~ if the City decides to lease it he has a right to bid on it but is not
an exercisable right to renew.
Tolsma: Well, I thought it was the first right of renewal that he had.
Hamilton: That is how I read it that I have no right to renew, this new lease that is
made up. The other fease by Jack Niemann was that I had the right eaeh year.
Another question that comes to mind here or comes up, when I renew this lease with
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Meridian City Council
April 19, 1994
Page 43
the Dairy Association for 5 more years, apparently this property in question back in
1969 or somewhere in that area was in a trade situation with the Dairy Board and the
City at that time, they gave the City that property, deeded the City the property
where the City is and in turn had a 99 year lease on the property in question. And
the gentlemen that are here with me tonight 2 of them were on the board at that
time. And so again I am asking this question. If that was the original agreement back
in 1969 through 1973 somewhere in that interim why can't get this particular thing
solved so that I can lease this properly on either your basis and know that I can stay
in business and whether they have a viable entity that they can lease out and pay
their obligations.
Kingsford: 9 969 even goes before my time, not by much slightly. My suspicion is
there is one minor error in that in that at least to my knowledge that was never in the
City for the swimming pool that was in the Western Ada Recreation District. I
wouldn't dispute the other facts in question.
Hamilton: They have records of it and again we are not into a(inaudible) to a dispute
here, I would just like to know that I can continue this business and know fihat I will
have that property available. Because without that property the business would have
to shut down of course. And we do have another 5 year lease with the Council or
Dairy Board and I would someway like to get this nailed down so I know in which
direction to run and tell my participant what they can plan on and what I can plan on
myself.
Tolsma: This lease originally came about when Leroy Nelson at the Speedway and
he wanted to take the back wall and use it for area parking, his pit area back there.
And move that back there and he installed the chain link fence and the gate around
the end of the park there so that nobody could linaudible) access to Speedway. We
agreed that time to lease him the ground then on a year to year basis. Because our
Parks and recreation wouldn't allow a lease to go beyond that. And what I was
reading through this lease on here they said it came with a 5 year lease and we
couldn't have a 5 year renewat lease on that, the maximum we could go was 2 years
(inaudible). But, the lack of funding is the only reason the pa~k is not grass and
soccer filed back there. Lack of money from the City, if the City would have had the
money at that particular time that probably all would have been a park area. But,
when Leroy took it over to lease it from the City for a parking was great because it
got it afl cleaned up and got the weeds out of it and level the thing all out. I have no
problem with you being (inaudible) to renew the thing every year.
Hamilton: Well, that is what I am asking for is to have first right to renew. And in
this particular contract it says I have no right.
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Meridian City Council
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Tolsma: Well, I think it just says it terminates at the end of this year, (inaudible).
Hamilton: And no right in Ken Hamilton doing business Ken Hamilton Presentations
to renew this lease.
Tolsma: (Inaudible)
Crookston: That is the way I understood the instructions to me.
Totsma: I thought he was going to have first right or first able to renew, first right of
renewal. (inaudible) but he could renew the lease every year and has first option every
year to renew the lease.
Morrow: It is a renewal, in the (inaudible) it is hereby agreed that there shall be no
right to Ken Hamilton DBA Ken Hamilton Presentations to renew this lease after its
termination December 31, 1994. It goes on to say this land lease agreement
terminates the land lease agreement entered into on such and such a day of 1890 by
the parties hereto. The linaudible) does not decide to again the premises after the
term hereof the lessee may make an offer thereon. But lessor may have no duty to
inform lessee that intends to lease the parcel. And so basically from Mr. Hamilton's
standpoint he has absolutely no assurances of any amount of re-lease if he signs this
tease after December 31, 1994. And it clearly shows intent I would suspect that this
City Council and future City Councils are under no obligation to lease to him at all.
I am not, I need some clarification by the City Attorney.
Kingsford: Well, if I may, obviously this is something that is not going to work. And
obviously not going to be signed by at least half of us. And certainly we don't want
to sign something that doesn't work for Mr. Hamilton. If we might, I would suggest
that Mr. Tolsma and Mr. Morrow and Mr. Crookston and Mr. Hamilton get together
something that is satisfactory to all parties and present that at the next Council.
Morrow: I have no problem, 1 have a question with respect to the original 5 year, 1
year, was that in the legal lease that originally done?
Crookston: That issue has been brought up before and it is not in my mind clearly
decided that is a problem or not. We have specifically run into that when we have
leased. Let's say when we purchase a fire truck and we purchase on a lease option.
That issue has risen where we the City cannot enter into for an extended period of
time, but I would have to go back and look about the 2 years or 5 years or whatever.
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Meridian City Council
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Morrow: So, there is some question as to whether.
Crookston: It has been raised.
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Kingsford: At a minimum it could be structured so as not to incumber future Councils
and yet give Mr. Hamilton something other than say you can't renew it period. I think
that is something that needs to be worked out to satisfactory of all concerned. You
guys could schedule a meeting and get after that.
Corrie: Does that also mean just a point of information Wayne that say you give him
a 5 year lease the Dairy Board sells the Speedway does he still have the lease on that
piece of property even though they sell it? (Inaudible)
Hamilton: The Dairy Board and I have agreed on any time they sell property we close
the doors and your property would be back to you and press on. We have made
other future arrangements to that effect.
Kingsford: We will operate that through Mr. Berg and he will get that set up.
Morrow: Point of clarification that is the reason for the 5 year master with 1 year
renewable.
Kingsford: Thank you Mr. Hamilton, I appreciate you being here without that
dissertation we were unaware that we were unaware that there was dissatisfaction.
Now we know. Department reports, Mr. Smith.
Smith: Thank you Mr. Mayor, Council members 2 items. This first has to do with the
award of the bid for the sludge truck that was presented to you, well the bid opening
was on March 21 st, I don't remember the day I think it was the first meeting in April
that we presented that to you. We had 2 bidders as you may remember at the time,
Field Gymmy bid and Ag Chem submitted a bid. The Field Gymmy bid did not meet
the specifications as they were advertised. And Ag Chem the only other bidder did
meet the specifications the question at the time was whether or not the truck would
fit into the shop where we would need to keep it during the winter months.
Subsequent measurements at the shop building indicate that it will fit, there is not a
problem with dimension.
Tolsma: It will fit into the shop.
Smith: I don't remember if there was a motion at that time, I guess it was tabled at
that time pending the outcome of the dimensional data.
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Meridian City Council
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Tolsma: Wasn't there a legal (inaudible)
Kingsford: There was a review by our consultant whether or not it met specs.
Tolsma: (Inaudible)
Morrow: Mr. Mayor I would move we authorize the City to purchase the Ag Chem
truck at the cost of S 119, 996 as per bid.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the Ag Chem truck purchase
in the amount of 5119,996, all those in favor? Opposed?
MOTION CARRIED: All Yea
Tolsma: I have a question, what are we going to keep the other one for a back up
unit?
Smith: Yes
Tolsma: (lnaudible)
Smith: Yes, we recently had to put new tires so it is in pretty good condition right
now and it would serve very well as a back up unit and also if we need to do hauling
with more than one vehicle with our growth. The truck is being used everyday and
sometimes during the weekend also to haul sludge. So, there is a possibility it would
be used at the same time the Ag Chem is used. May I also have permission for
Mayor Kingsford to sign the notice #o proceed for the contractor, Will Berg to attest
that.
Tolsma: So moved
Corrie: Second
Kingsford: Moved by Ron, second by Bob to allow the Mayor and City Clerk to sign
the notice to proceed documents, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you Mr. Mayor and Council members, the other item that I have is we
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Meridian City Council
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have been apparently in violation for a while of State Code concerning location of
underground utilities or belonging to a one call service for a location of underground
utilities. It hasn't been a real strong issue with the folks, their name is Dig Line, you
may be aware of it. But, recently attended a utility coordinating commission meeting
and he said later that he wished he hadn't gone because everyone jumped in the
middle of him because we did not belong. It wasn't too long after that we received
some correspondence from Dig Line requesting that we do enter into a contract with
them to be a member apparently we are the only one the only utility in Ada County
that is not a member. What this does is provide a service to anyone that is going to
be digging underground, opening up the ground. They call Dig Line, it is a one calt
service and Dig Line acts as the semination point for all the utilities that are members.
Dig Line will then call us as a member and say that XYZ Contractor wishes to open
the ground up at a certain address and gives us specific information and then we
subsequently have a certain length of time 24 hours or 48 hours I can't remember
which to physically locate our facilities on the ground, mark it with the respective
cotor of paint and then tt~e contractor knows that we are there and he doesn't disturb
our facitity. All of the other facilities are doing the same thing, telephone, gas, power,
cable T.V. and now water and sewer would be included in that in the City of
Meridian. it does require the City to sign a contract tor services, Bruce Stuart has
estimated for me that we are getting approximately 10 calls a day for location. And
there is not initiation fee any longer, the cost would be 545.00 a month for the first
40 calls and each caN above that is S1.20 each, so it amounts to a 5273.00 a month
bill which we would split between sewer and water enterprise accounts. So, I would
request that Mayor Kingsford be allowed to sign this contract for services with Dig
Line lnc. and we woutd become a member of Dig line and kind of fall into line with
the other utilities in Ada County.
Morrow: I have an informationat question, the fee that we are being charged is for
the telephone fee, we actually go out and provide the person to do the marking is that
correct?
Smith: That is correct.
Morrow: We are not hiring someone to go out and do the markings?
Smith: No, we are responsible to do the markings on our facilities.
Morrow: Okay, and they are charging us just for the phoning?
Smith: Right, and they keep a record too, they have a computer record that they
keep of all the calls and so, if there are any discrepancies they do have all the records
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Meridian City Council
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at the time the calls are made for locations. And I will provide to them along with this
contract a map of our service area, this area is mapped in 1/4 sections. Some 1/4
sections we don't occupy all of the 1/4. And I have been told to tell them that it is
outside even though it is in our 1/4 area listed it is outside the portion of the 1/4 that
we are serving then they won't charge us for the call. And that is one of the
concerns that we had that we would get a catl for a 1/4 section in a 1/4 section area
and maybe we were just bairly into that 1/4 area section and it was way out of our
service area we would still have to pay for that call and if you got enough of those
the price tag could go up. But, Linda Phillips the Manager of the operation said that
is not, if we notify them then they will make sure we don't get charged.
Morrow: Mr. Mayor I would move that authorize you to enter into a contract with
Dig Line to provide their services.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to authorize the Mayor to enter into
agreement with Dig Line Inc. for their services, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Smith: Thank you Mr. Mayor that is all I have.
Crookston: Gary, Gary were you goin8 to address the UV bid?
Smith: No sir, if you would like me to, I would be happy to.
Crookston: I think we might as well address it. The attorney for Trammels Inc is
here, he may want to address the Council.
Smith: I don't have the documentation in front of ine because I didn't know we were
going to talk about it tonight. I don't remember the date we opened the bid but it
was at the last Council meeting that 1 presented the bid results to you for
consideration of award. My memory serves me right that we had 4 bidders that
submitted bids for the construction of a facility to contain our ultra violet equipment
that we presently have on contract with Trojan Technologies. And the low bid was
submitted by Trammels Inc 1 believe it is, Boise Idaho and there was a second low bid
by the name of Barton Construction. Trammels Inc. bid 5130,800 and Barton
Construction bid $134, 7 70. And a question came up by Barton Construction as to
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Meridian City Council
April 19, 1994
Page 49
the responsiveness of the bid submitted by Trammels Inc. pertaining specifica!!y to
a requirement in the bid document and I will paraphrase this that the entire bid
document be returned to the City as a bid document. In other words the document
that we sent out to the contractors or that the contractors picked upon obtaining their
deposit was a booklet form bound booklet form. Inside that document is the actua!
bid documents which consist of the bid schedule, a bid bond sheet and I believe there
was a reference sheet was provided in that document. And a!! of the other
information for bidders advertisement for bid, general conditions, technical
specificafions performance and payment bond, blank sheets or form shests. And as
I mentioned the specificafions said that this booklet must be returned intact with the
appropriate papers in the bid document fi!!ed out. Trammels Inc. did not fo)low that
request they submitted to us the appropriate bid documents, the bid schedule, the bid
bond, the reference sheet and ! don't recaU what else was submitted but anyway
what was required for a decisian to be made as to the price quoted. And Barton
raised the question as to whether or not this was a responsive bid based on the
requirements of the bid documents. And 1 turned that question over to our counselor
for opinion which he subsequently has sent to or given to me today and his
conclusions is that Trammel Inc. bid is non-responsive. And I probably should let
Wayne explain the intricacies of that conclusion.
Crookston: I think the best way to explain is just to read my memorandum, which
you should have in front of you. In Section 10 of the bid document include the
advertisement to bid instruction to bidders and the bid form and the contract
documents. Section 22 it states that complete sets of the bid documents must be
used in preparing bids. In a definition contract documents are defined on page 7 of
the general conditions as the agreement, addendum, contractors bid when attached
as an exhibit to the agreement the bonds. These supplementary conditions the
specifications and the drawings. Of Section 41 the instruction to bidders states it is
the responsibility of each bidder before submitting a bid to examine the contract
documents thoroughiy. In Section 12 of the instructions to bidders it states that one
set of contract documents and specifications (not including drawings) shall be
submitted at the time and place indicated in the indicafion to bid and shall be
enclosed in an opaque sealed envelope marked with the project title and name and
address of the Bidder and accompanied by the bid security and other required
documents refereed to in the bid form. Trammels did not meet the above
requirements in that it only submitted the bid form and no other portion of the
contract documents. Instructions to bidders require that the complete sets of
documents must be used in preparing the bids and the instructions specified that one
set of the contract documents and specifications shall be submitted at the time and
place indicated in the invitation to bid. Trammels did not comply with these
requirements. The Idaho Supreme Court ruled in Parks vs. The City of Pocatello Idaho
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Meridian City Council
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91 ID241 that it is only when a responsible bidder complies with the advertised items
that the contract may be awarded to him. Basically in conclusion to constitute a
responsive bid the bid must set forth the work to be done and the amount to be
charged for that work. If the bid documents were not included as part of the bid the
bid does not contain or set forth the work which is to be done for the amount bid and
consequently be a responsive or valid bid. In Trammel's bid there is no way to tell
what work is to be done, tf~is bid is not responsive. Basicatty what it is saying is the
City asks for bids, what they are doing is asking for bids. The bid that then is given
to the City is an offer in this case, there is an offer to do something for 5130,800 but
it doesn't state what they are offering to do. And the bid instructions specifically
state that the entire bid documents must be returned, they were not. So, it is our
opinion that that makes it a non-responsive bid.
Smith: Mr. Mayor (End of Tape1 and 1 ask him why that a particular provision was
including in this bid document set. And he said that language is included so that a
contractor submitting a bid on a project would not be able to say at a later date well
that particular item was not part of my bid. )n other words if he submitted only the
bid papers, the bid schedule so to speak and he did not submit the rest of the bid
document booklet our consulting engineers feeling was that the contractor could
come back at a later date after the project started and say well the railing around this
structure was not including in my bid, because he did not return the complete bid
document. And that is the reason that was given to me as to why that language is
in the bid document. Why it is required that the complete bid document be returned.
At your Council meeting of April 5th, I just read from the minutes that it was moved
by Walt, second by Max to award the bid to Trammels Inc, unless their bid is
inappropriate and in which case it would be awarded to Bartons, all those in favor,
all yea. The one thing that has not happened at this point is Barton's bid has not
been investigated fully for its compliance. I think the bid specifics have been looked
at but that is about where we are with the bids that were submitted.
Kingsford: Also, Gary if I am not mistaken you are going to proceed with our
consultant on having them review the Barton Bid and the other bids as well.
Smith: Yes, I wasn't abie to reach him time after our meeting, late afternoon
meeting, but I will call him first think in the morning to have him start the review
process on that as soon as possible. And we are in a time crunch with getting this
structure completed and having it installed because EPA has us on the gun for a
compliance schedule for our discharge permit.
Kingsford: Any questions for Mr. Smith or Mr. Crookston?
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Meridian City Council
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Crookston: Trammels Inc.'s attorney is here and he might want to make some
comments if you don't mind.
Ludwig: My name is Scott Ludwig, thank you Wayne, you have very competent
counsel here and you are fortunate to have Wayne I have dealt with him before and
have found him to be an excellent attorney. We are going to take exception with his
analysis in this particular matter. I think the associated general contractors are going
to get involved in this matter also. It is my understanding that a memo was
forwarded to one of you Councilman and I didn't have a chance to talk to the AGC
today. What I am going to ask is that this Council #able this until 2 weeks from now
so that we can come forth and have a discussion regarding this. 1 learned today what
Mr. Crookston was going to recommend to this Council. The consulting engineer as
my understanding they recommended that Trammels Inc. be awarded this job, they
were the low bidder in this particular matter. With regard to responsiveness I think
that you will find and I would like to bring forth those cases in 2 weeks that when
there is a situation like this, this is a technicality, the documents were not returned
that had nothing to do with the substance of the actual forwarding the bid to the City
of Meridian. In oth~r words the contract documents simply just weren't returned, but
anything with substance as far as Trammel 1nc.'s responsive bid was provided at the
time of the bid opening. So, t am going to ask because the second bid hasn't been
review either that it would be prudent to table this for 2 weeks come back after you
have had the opportunity to review the second bid by Barton's and at that time allow
us to address the particular law in this matter. 1 think this will save a lot of potential
problems because you have certain choices here, you either give it to Trammel's, give
it to the second or reject all bids and Wayne has said there is a certain time crunch
in this particular matter. So, at least you need to look at Barton's bid and during that
time period we would like to be able to prepare a response to what we learned today
as far as Wayne's recommendation to this Council. Thank you.
Kingsford: I suppose Counselor there might be any hope in the future of this great
country of America we will be able to do anything.
Ludwig: You have a long term resident that has worked for MK, was the vice
President who has provided hundreds of bids, public projects also Gary Trammel who
is a resident of Eagle and he has done it this way and believe that it is right. There
is nothing wrong here in his opinion and so you have that conflict with somebody else
that just because he didn't return these documents.
Kingsford: Well, it is cieariy there and we are in that beautiful position either you are
going to sue us ve you are going to sue us and lord it is fun.
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Meridian City Council
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Page 52
Ludwig: The alternative is to reject all bids and
Kingsford: And EPA says its (inaudible)
Ludwig: Thank you for your time and I would sure appreciate this being tabled.
Corrie: Mr. Mayor, I guess I am, I'm not a lawyer, but if the Supreme Court ruled that
the bidder complies with the advertised terms did you comply with the terms? Did
you comply with those terms?
Ludwig: Mr. Trammel believes he did yes.
Corrie: He believes he did
Ludwig: The underlying theme is that it is a technicality that documents weren't'
returned it had nothing to do with the substance of the bid. And how the work was
performed was set forth in that bid proposal that went out that was discussed earlier.
Kingsford: So, things that we place in the bid documents because they haven't been
there before have no consequence?
Ludwig: It depends on the substance and these particular documents, the return of
those and I will bring the case law with me.
Kingsford: I don't have any question other case law can be brought and we are not
the Supreme Court and this is the wrong body to try to deal with that. Thank you
Kingsford: Anything else Counselor?
Crookston: Nothing
Kingsford: Mr. Chairman of the Commission, splendid of you to be here.
Johnson: We have a landscape ordinance meeting planned for 4:00 P.M. on the
26th, we have a special meeting that day also for the (inaudible).
Kingsford: Well, hopefu{ly we will get that put together, Wi{f was looking at
tomorrow afternoon but it may not happen depending on everyone schedule. Chief
Gordon: Yes sir, Mr. Mayo~ and Councilmen, I had a problem come up within the iast
couple of weeks and Councilman Yerrington and I have been looking at it and what
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Meridian City Council
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it amounts to is ACHD's attempt to give Meridian the extra effort that they would like
to and then in the process they are causing problems for us. What they are doing is
anytime anybody calls and requests a parking sign, either no parking at anytime or 1
hour limited parking ACHD is coming out and putting the signs up. The area that is
in question right now is down by McDonalds and also by the Chevron station. When
you make a left turn on that short street there, there is no parking anytime on both
sides of the street clear to Progress, when you get onto Progress they have posted
1 hour parking limits from Pizza Hut clear down past McDonalds and clear into the
culdesac. Welf there are not any businesses down there.
Kingsford: Did you see the letter that we sent by Mr. Nahas, I will give you a copy
of that but as I recall just in cruising through it he asked for that on the basis of there
are a lot of tractor trailer rigs parking down there and apparently they are not allowed
to park anywhere on the streets. He has had a number of those and he thought that
might remedy the situation but you might visit with Mr. Nahas or whatever or look at
letter at least.
Gordon: So, he did run it by you?
Kingsford: After the fact, I just got that, welt t better qualify that and look at the
date, I have a certain amount of back log on my desk.
Gordon: The only problem that poses for me is we don't have anybody down there
to mark the tires for the one hour parking.
Kingstord: Well, I think his question about tractor trailer rigs is a(inaudible) point
anyways, if we get one parked down there we are going to site it.
Gordon: Right, and it hasn't been a problem. The only thing I have is the other
businesses are going in, the manager of Shari's cafled and wanted to know ifi they
could have the authority to violate the signs. That is how I found out they were
there. They are trying to train all their employees and are trying to park out there and
they can't park them in the parking lot and that 1 hour parking is a problem. I got
complaints on the no parking at anytime from the people at the Chevron station. So,
I am catching the bad side of it and we can't enforce it and if we start ignoring it and
that was brought up well just don't enforce. Well, then I'll get in the problem you
enforce these but you don't enforce those.
Kingsford: I think we need to get with the Highway District and ensure that before
any of those go up they are approved by the City.
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Meridian City Council
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Gordon: And that is what I was going to request that anytime they get a request they
refer back to the Council and you decide where the signs go. I asked that, Mr. Dave
Split is who I have been working with down there. He has been really good and like
I say I think it is an effort on their part to do extra for us.
Kingsford: So either Mr. Smith or Mr. Berg can contact the appropriate individual at
the Highway District.
Morrow: Mr. Mayor, I would think that we would do that through our public works
department so that there is some assemblance of coordination between subdivisions,
ACHD and those kinds of things and then the input from the Chief. What we ought
to request under your endorsement or signature or Gary Smith's is a letter to ACHD
simply asking them to refer all requests to us or to our public works department.
Corrie: That would seem appropriate because the Fire department has to request that
no parking signs be placed to and 1 think we should get together.
Gordon: At least let me know before they go up.
Kingsford: Counselor, are you through?
Crookston: Just an explanation, Mr. Ludwig asked for a table, I just wanted a
reference that the City Engineer has been asked to have the consulting engineer
examine the bids and I don't think a table is necessary.
Kingsford: Well I am not sure it isn`t in that the motion was to award it to Trammel
and if that didn't fly to the next lowest bidder, So, if it is the Council's desire to meet
Mr. Ludwig's request or not would be appropriate given what your previous motion
was. Is it you desire to table the award until the next meeting regardless of the
findings of our consultant on that construction.
Morrow: Mr. Mayor I believe it would be because it is my understanding that Mr.
Smith is going to review al{ 3 of the bids and { think at this point the motion was
made to Barton's the next low bidder in which case I think I would prefer to see the
results of all 3 of those before we in fact award the bid. So my motion would be to
table until our May 3rd meeting.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to table the award of bid on the UV
installation at the sewer treatment plant until the May 3rd meeting, all those in favor?
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Meridian City Council
April 19, 1994
Page 55
Opposed?
MOTION CARRIED: All Yea
Kingsford: Walt
Morrow: Nothing Mr. Mayor
Kingsford: Max
Yerrington: Nothing Mr. Mayor
Kingsford: Bob
Corrie: Yes, Mr. Mayor, we have just been given a letter from the Sheriff's
department to the Fire Department that the dispatching fees will go up to 522,000
a year from S 18,000 and I have some questions. They also sent a document for
signature of the Mayor to approve of the increase and also the role. I have
considerable amounts of questions that I would like to have answered either by
Vaughn Kileeen or Gil Roight, I would like to invite them here to answer these
questions, but 1 have some questions on Title 31 money that I am having a bit of a
problem with. They show that the Meridian fire is having 1,180 calls a year. I am
wondering how many of those calls are 911 calls which is Title 31 money which the
people are paying 5.75 a month on their phone bill to take care o# that. And then
they are also having to pay taxes to the City to pay the fire department to pay for the
biil again and my third point is.
Kingsford: They also pay taxes to pay for the Sheriff's department.
Corrie: The Sheriff's department to do 911. So we got a taxation 3 times for the
same thing. Also when they were the Emergency Medical people are called out for
a wreck and we are called out we are both getting charged 520 a call on that, that
is a double call also. But, my other question is I don't think the City pays a dispatch
service for the Police Department, am I correct Chief? You haven't been given a bill.
(inaudible) for our constituents for me to answer how come our police department
gets a free call and our fire department has to pay for it. So, 1 wouid like to suggest
to the Council that we delay the signing of this until we get some answers either from
Sheriff Kilteen or from his department why the discrepancy. I don't feel comfortable
with it and I haven't for a long time I have brought this up at some meetings I have
been to and ask the Sheriff about it and I was told the City should be happy because
they are getting a free ride and he got up and walked out. So, that is no way to
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Meridian City Council
April 19, 1994
Page 56
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answer a legitimate question. So, I would like to ask the Council to direct the Mayor
or the Attorney to send a letter to them and invite them to come down and exptain
why some of these questions that we have or I have before we sign this. Of course
it is entirely up to the Mayor to sign it or not. The Rura) Fire Department has some
questions and they are delaying their signing of the contract until we decide what we
are going to do.
Morrow: I have a further question for you, it is my understanding that at one point
in time we were also being charged for the installation of 911 equipment within our
fire trucks and it was my understanding that when we instituted the 911 and 5.75
that we paid each month on our phone bills and our Meridian fire taxes that we pay
were designed to. The 911 monies was being used for the dispatch center and for
sheriff's vehicles but we were being charged for the computer terminals or whatever
it was that was going into our fire trucks, is that still an issue?
Corrie: Yes, and no, also I have been told that any equipment that goes in that is
being bought will not go into fire trucks it will go in the sheriff's vehicles. I don't
know that to be a fact but I am going through some of notes and minutes of the
emergency peoples, EKAD and the emergency communications where they are using
Title 31 monies. Under the operations, I have a question here that they have a
uniform allowance they are charging for, one they have to use uniforms down at
Moho, dues and subscriptions and then miscellaneous unanticipated expenses S 1500.
1 imagine the Ada County Commissioners a{lowing something {ike that to go though
and I don't see where we should either. So I have a lot of questions that why should
all the EMS and fire departments pay for their share of the cails and poiice and
sheriff's doesn't. If they do where is it coming from not from the City. So, again my
request would be to send a ietter either under the Mayor's signature or the City
Attorney's signature to invite them to a meeting and have some answers. I am going
to a meeting tomorrow to ask some questions.
Kingsford: It might be Bob as appropriate to bring that up to the County
Commissioners.
Corrie: That is possib~e, I don't know if we would get any answers because they wil!
indeed turn it over to the sheriff for his answers, yes we did have a problem with
legislature that gives the Sheriff the entire authority to dispense Title 31 monies as
he sees fit. So, I think we need to correct that to a legislative function. I can bring
this up if you would like to the Commissioners however l don't know that it will give
us any answers.
Kingsford: Why don't you make a list of the questions you would like answered and
• •
Meridian City Council
April 19, 1994
Page 57
we will send them a letter either under my signature or Wayne's. Does that meet
with the approval of the Council?
Marrow: Certainty does mine.
Corrie: Thank you Mr. Mayor that is all I have.
Kingsford: Ron
Tolsma: Well, my neighbor next door, I have receive several complaints over his
operation (inaudibie). He has approximately 16 cars in the process of being destroyed
or in various stages of disrepair. He is dismantl+ng cars in the back parking {ot, he has
ptugged up one of the irrigation ditches over there with a bunch of junk so the people
downstream aren't getting their water and they are upset. And there was an article
in the Meridian times about they were going to fine him and they brought that up and
everything else.
Kingsford: Are you talking about Tolsma Welding?
Tolsma: No
Kingsford: Counselor, would you move forward on that? I think we have a particular
judge that would be interested in that. A{so f would like you to take a look at the
issue of his lessee with zoning compliance, if that is part of that zoning compliance
issue. It might be that he is out of compliance.
Tolsma: Second was out there on South Meridian Road and I had a couple of citizens
out there that are disturbed about that property out there again that Mr. Johnson that
his driveway in front of the house is plugged up and the back yard is plugged up and
can't get in his back yard. And he just acquiring more stuff and there are some
people out there wanting to acquire land and they are worried about what the
consequences are going to be in their backyard.
Kingsford: Okay, Shari
Stiles: Nothing
Kingsford: I have a Resolution #153, this is a reso{ution required by the City with
regard to non-discrimination on the basis of disability. It is part of the grant we
received from the Department of Commerce. I would ask the Council to approve
Resotution #153 so that we are in compliance for our grant.
~ ~
Meridian City Council
April 19, 1994
Page 58
Tolsma: So moved
Corrie: Second
Kingsford: Moved by Ron, second by Bob to approve Resolution #153 all those in
favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Mr. Berg
Berg: Nothing
Kingsford: We have Mr. Baker here, Mr. Baker was in and visited with me (inaudible)
it was in not as recently as yesterday and after the first of the year. And discussed
with me particular after the fire over in Garden City that resulted in a fatality that he
wanted to start a program to and he would be the first to participate in buying smoke
detectors and to push that through the City. And I thought that was an excellent idea
and 1 asked Kenny to move on that and so I thought I would recognize Mr. Baker and
thank him for his initiating of that and hope that is moving along. Certainiy it is a
good idea and I commend you for it. Do you suppose we have a motion to adjourn
without a split vote?
Corrie: I hope so and I move so.
Yerrington: Before that, could we discuss one little item like a parking lot ever here,
it is getting the time of the year to pave some of this stuff. I just wonder if anything
has been done?
Kingsford: It is my understanding with visiting Mr. Forrey that has been over a week
ago now that he was in the process of what is it Gary are you familiar with that
getting the engineering done or the architectural done for that parking lot.
Smith: Mr. Mayor 1 think we have the plan in public works departme~t for paving of
that parking lot.
Kingsford: So, we need to get that to bid, is that where we are at.
Tolsma: (Inaudible)
Kingsford: Mr. Forrey is moving with that, what he has to do is isolate how many
•
Meridian City Council
April 19, 1994
Page 59
~
funds are left over. That is what he left it with the church. The church had been
given a figure that they hope to work from that what we wilt have left over is no less
than that and have to review that again. But, I have asked Mr. Forrey move along at
post haste and also the Department of Commerce has said we are going to have to
pay back I believe the figure was 564,000. So I am trying to crack the whip on Mr.
Forrey. Anything etse?
Corrie: The motion has been made I need a second.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed?
Kingsford: I will break the tie to stay in session.
Yerrington: I make the motion that we re-consider the last motion.
Morrow: Second
Kingsford: Moved and seconded to reconsider the last motion, all those in favor?
Opposed?
MOTION CARRIED: 3 YEAS, 1 NEA
MEETING ADJOURNED AT 9:30 P.M.
(TAPE ON FfLE OF THESE PROCEEDfNGS)
~
T P. KINGSFOR , YO
ATTEST:
,~~~~----~,~
WILLIAM G. BERG, JR.
CLERK
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• •
HUB OF TREASURE VALLEY
A Good Place to Live
CITY UF MERIDIAN
GRANT P. KINGSFORD
MAYOR
PROCLAMATION
WAEREAS, our children are the most important asset of the Meridian community, and;
WHEREAS, the mission of the Joint School District No. 2, the Meridian School District,
is to provide students with the knowledge and skills which will foster a life-long love of learning and
the desire to become contributing members of our modern society, and;
WHEREAS, Joint School District No. 2 is the largest employer in our community, and;
WHEREAS, in addition to the efforts of the employees of Joint School District No. 2,
individuals and businesses located in our community generously contribute significant time and
resources to support our schools, and;
WHEREAS, through the combine~i efforts of the teachers, personnel, and administration of
Joint School District No. 2, and with contributions of both business and individuals to our schools,
our children are provided with the tools to become contributing members of our community which
enhances the quality of live of all community residents, and;
WHEREAS, it is important that the teachers, personnel, and administration of our School
District, as well as the numerous individuals and businesses who support our schools, receive
recognition for their efforts;
NOW, THEREFORE, I, Grant Kingsford, Mayor of the City of Meridian, do hereby
proclaim the week of May 2 through 6, 1994
SPOTLIGHT OUR SCHOOLS WEEK
the officials of this City, and a11 citizens thereof, to recognize the profound impact the efforts of
the teachers, personnel, and administration of Joint School District No. 2, as well as the
individuals and businesses who contribute so generously to our schools, have upon our children
and, respectively, our community.
DATED this f~~ day of April, 1994
~
HONORABLE GRAN GSFORD
MAYOR OF MERIDIAN
. •
HUB OF TREASURE VALLEY
A C'~ood Place to Live
CITY OF MERIDIAN
GRANT P. KINGSFORD
MAYOR
PROCLAMATION
WHEREAS, safely managing our environment remains the key to a strong and prosperous
future for Meridian, and;
WHEREAS, caring for and preserving our natural environment is the responsibility of each
citizen, and;
WHEREAS, Minit-Lube has been an exemplary corporate citizen by demonstrating an on-
going commitment to our environment, and;
WHEREAS, Minit-Lube continues to display this commitment by establishing oil
reclamation facilities;
NOW, THEREFORE, I, Grant Kingsford, Mayor of Meridian, commend Minit-Lube for
its devotion to our environment and hereby declare the week of April 25 through Apri130 to be
OIL RECLAMATION WEEK
IN WITNESS WHEREO~, I have hereunto set my hand and cause the seal of the City of
Meridian to be affixed this ~= day of April, 1994.
~ ~~
T'HE HONORABLE G SFORD
MAYOR OF MERIDIAN
~ ~
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
('iRANT P. KINGSFORD
MAYOR
PROCLAMATION
WHEREAS, May lst is Law Day U.S.A. in the United States of America, and;
WHEREAS, the United States of America has been the citadel of individual liberty and a
beacon of hope and opportunity for more than 200 years to many millions who have sought our
shores, and;
WHEREAS, our nation is founded upon freedom under the law, with a11 equal before the
law;
NOW, THEREFORE, I, Grant Kingsford, Mayor of Meridian, do designate May 1, 1994,
as Law Day U. S.A. and call upon all citizens to commemorate the role of law in our lives.
IN WITNESS WHEREO~, I have hereunto set my hand and cause the seal of the City of
Meridian to be affixed this /~~ day of April, 1994.
T HONORABLE G SFORD
MAYOR OF MERIDIAN
• ~
ORIGINAL
BEFORE TAE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF MICHAEL & CYNTHIA SCISCOE
AND DORADO DEVELOPMENT
FOR A UARIANCE TO ALLOW RESIDENCE ON PROPOSED COMMERCIAL ZONE
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on April 19, 1994, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for April 19, 1994, the first publication of which was fifteen (15 )
days prior to said hearing; that the matter was duly considered at
the April 19, 1994, hearing; that copies of all notices were
available to newspaper, radio and television stations.
2. That the notice of public hearing is required to be sent
to property owners within 300 feet of the external boundaries of
the land being considered pursuant to 11-2-416 E., 11-2-419 D., and
and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the
City of Meridian; that this requirement has been met.
PRELIMINARY FTNDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 1
• •
3. That the Applicants, Michael and Cynthia Sciscoe, on
behalf of themselves and Dorado Development, submitted an
application to rezone .95 of an acre owned by Dorado Development
from R-40, which the property is now zoned, to General Retail and
Service Commercial (C-G); the property in question is generally
located south of Blue Heron Lane and East of Meridian Road; that
there is an existing residence on the property that has been lived
in for many years, and a garage; that the Sciscoes desired that the
residence be used as a residence but they also desired to establish
a retail book store, a cabinetry shop and a furniture business on
the property also.
4. That it was concluded in the Findings of Fact and
Conclusions of Law on the rezone application that the property
should be individually zoned to allow the desired uses; that to so
zone for individual uses was then determined to be unworkable
because the Bulk and Coverage Controls, Section 11-2-419 A, did not
allow the existing buildings to be zoned differently and still meet
the setback requirements required for each zone; that any violation
of the setback requirements would be on the property owned by the
Sciscoes and relate to structures that they own themselves or which
they might place on the property; that had the property been
rezoned to allow each specific use and still have the setback
requirements met it would have been preferable to do that.
5. That Dorado Development desires to use their portion of
the property to construct offices which are permitted in the CC
zone.
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 2
• •
6. That it was determined that the proper zone for the
property would be Community Business District (C-C); that such a
zone would allow the uses desired by the Sciscoes and Dorado
Development but would not allow the property to be used for a
residence since residences are not an allowed use the commercial
zones.
7. That the Sciscoes believed that they might be able to
apply for a variance to allow them to live in the home that had
existed on the property for a long time and that is why they
applied for this variance.
8. That had the previous owner of the house been the
applicant for a rezone to have the property able to be used for a
bookstore, furniture store and cabinetry shop, they could have
continued to use the house as a residence under grandfather rights;
such a previous owner, however, could not have transferred the
grandfather rights to the Sciscoes or any other purchaser.
9. That the property to the north is used for residence;
that the property to the east is zoned R-40, which is a high
density residential zone.
10. That the Meridian Comprehensive plan shows the area in
which the property is located to be a Mixed/Planned Use Area; that
the Meridian Comprehensive Plan, at page 28, states in 5.17U as
follows:
"A variety of coordinated, planned and compatible land uses
are desirable for this area, including low-to-high density
residential, office, light industrial and commercial land
uses."
11. That General Planned Residential planned unit
developments are allowed as a conditional use in the CC District
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 3
• •
under the Meridian Zoning Ordinance, thus allowing residence in the
CC district under a conditional use.
12. That the City Engineer, Ada County Highway District,
Nampa & Meridian Irrigation District, Central District Health
Department, and other governmental agencies may submit comments and
they shall be incorporated herein if submitted.
13. That these Findings of Fact and Conclusions of Law have
been prepared prior to the public hearing and may have to be
amended as a result of testimony and evidence received at the
heari.ng.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Zoning Ordinance and upon the record submitted to it and the things
upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 4
•
•
5. That it is concluded that the special condition which
makes this variance acceptable is that found in Paragraph 5 of the
Findings of Fact that had the property been rezoned to allow each
specific use and still have the setback requirements met it would
have been preferable to do that; that had the setback requirements
been able to be met if the property were zoned to meet the
requirements of each use, the Applicants could have used the house
for a residence; it i.s therefore not unreasonable to allow the
Applicants to use the house for a residence even though the
property is zoned CC.
6. That the following provision of Section 11-2-419 A, of
the Zoning Ordinance is noted which is pertinent to the
Application:
11-2-419 A.
"The Council may authorize in specific cases a
variance from the terms of this Ordinance or
from the Subdivision and Development
Ordinances as will not be contrary to the
public interest where, owing to special
conditions, a literal enforcement of the
provisions of this Ordinance would result in
unnecessary hardship. No non-conforming use
of neighboring lands, structures or buildings
in the same district and no permitted or non-
conforming use of lands, structures or
buildings in other districts shall be
considered grounds for issuance of a variance.
Variances shall be granted only where strict
application of the provisions of this
Ordinance would result in unnecessary
hardship. A variance application does not go
to the Commission unless directed by the
Council."
7. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 5
• •
11-2-419 C. FINDINGS
A variance shall not be granted unless (as a result of a
public hearing) the Council makes a statement of
supportive reasons based directly on the evidence
presented to it which supports conclusions that the
mentioned standards and conditions of this Ordinance have
been met by the applicant and unless all of the following
exist:
1. That there are such special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance would
clearly be impracticable or unreasonable;
2. That strict compliance with the requirements of
this Ordinance would result in extraordinary
hardship to the owner, subdivider or developer
because of unusual topography, other physical
conditions or other conditions which are not self-
inflicted, or that these conditions will result in
inhibiting the achievements or the objectives of
this Ordinance;
3. That the granting of the specified variance
will not be detrimental to the public's welfare or
injurious to other property in the area in which
the property is situated;
4. That such variance will not have the effect of
altering the interest and purpose of this Ordinance
and the Meridian Comprehensive Plan.
8. That regarding Section 11-2-419 C it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of the
provisions of the requirement that there be no
residential use in commercial zones would clearly be
unreasonable since the only reason that the property
could not be individually zoned to allow each use is the
fact that the yard setback requirements would have to be
met for each individual zone and they cannot be when
zoned for the individual uses.
b. That strict compliance with the requirement that there be
no residential use in commercial zones would result in
extraordinary hardship to the applicants as a result of
factors not self-inflicted.
c. That the granting of the specified variance would not
be detrimental to the public's welfare or injurious to
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 6
•
•
other property in the area in which the property is
situated.
d. That such variance would not have the effect of
altering the interests and purposes of the set back
Ordinance or the Meridian Comprehensive Plan.
9. That it is concluded the Application should be granted.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON VOTE
COUNCILMAN MORROW VOTE
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED : __~~
DISAPPROVED:
DECISION
It is hereby decided that the variance to allow the use of the
home for a residence, even though located in the Community Business
District, is hereby granted.
PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 7
• •
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, APRIL 19, 1994 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 5, 1994:
1. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR LOS
ALAMITOS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE
AND ASS~CIATES:
2. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR SALMON
RAPIDS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE AND
ASSOCIATES:
3. TABLED AT APRIL 5, 1994 MEETING: ANNEXATION AND ZONING WITH
A PRELIMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION BY
THE WESTPARK COMPANY:
4. TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AND AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S
MEADOWS SUBDIViSION BY RONALD HENRY:
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH
LOVELESS:
6. ORDINANCE #643 - FLOOD PLAIN ORDINANCE::
7. ORDtNANCE #644 - SCiSCOE REZONE:
8. ORDINANCE #645 - SUMMERFIELD ANNEXATION:
9. ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION:
10. AMENDED RESOLUTION 111-A - BUILDING PERMIT FEES:
11. FINAL PLAT: ELK RUN SUBDIVISION NO. 2, 44 LOTS BY THE
DEVELOPMENT GROUP AND GARY LEE:
12. FINAL PLAT: TRACT SUBDIVISION NO. 5, 75 LOTS BY PROPERTIES WEST
AND GARY LEE:
•
•
13. FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 3, 64 LOTS BY MAX
BOESIGER AND HUBBLE ENGINEERING:
14. FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 4, 35 LOTS BY RAMON
YORGASON AND ROY JOHNSON:
15. FINAL PLAT: SPORTSMAN POINTE SUBDIVISION NO. 4(FORMERLY NO. 5),
BY THE WESTPARK COMPANY:
16. PUBLIC HEARING: VARIANCE REQUEST BY MIKE AND CYNTHIA SCISCOE:
17. PROCLAMATION: SPOTLIGHT OUR SCHOOLS WEEK
OIL RECLAMATION WEEK
U.S.A. LAW DAY
18. DANBURY FAIR SUBDIVISION: PRESSURIZED IRRIGATION RETROFIT:
19. STEVE RICKS: MIDTOWN SQUARE SUBDIVISION:
20. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER
1. SLUDGE APPLICATOR TRUCK: TABLED AT APRIL 5, 1994
MEETING:
B. LEASE AGREEMENT: KEN HAMILTON PRESENTATIONS:
TABLED AT APRIL 5, 1994 MEETING:
C. RESOLUTION #153:
. ~
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, APRIL 19, 1994 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 5, 1994:
1. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PL.AT FOR LOS
ALAMITOS SUBDIVISION BY MARTY GOLDSMITH AND ROYLANCE
AND ASSOCIATES: - ~ °`1~ ~~~ ~e~f
~C~p~p~JvcG~ G~~COr~Li~i}719~z.r Q'~ plPlfarC /f'Y'~~'sr~
~
2. TABLED AT MARCH 15, 1994 MEETING: PRELIMINARY PLAT FOR SALMON
RAPIDS SUBDIVISION BY MARTY C,~OLDSMITH AND ROYL,ANCE AND
ASSOCIATES: - t~~'~~'"-"~,~° ~~~~"~'`: `~ `~a•v~.,
~~rra v~ ~C w~~'~.~i ~-i ~-.r s~ 'r e~~3 ~ ,~ ~
3. TABLED AT APRIL 5, 1994 MEETING: ANNEXATION AND ZONING WITH
A PRELIMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION BY
THE WESTPARK COMPANY: ~~p~~--~ flF ~ e%
~elr-~.ha~ e~F c~d~~-.~-„e~
~,C?~, ~~.c~ ~ Pi'c~o-~.c pz,d:a..~.c.e.. a~i°i~v~e~ ,~P ~„~ Pas~r•~ye o~'
_J
4. TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AND AMENDED ~~~ce"
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S
MEADOWS SUBDIVISION BY RONALD HENRY: G~~i~ a~.Q~~ja''~P~"~'
~~pr~~~ a,~k.er-~-Q- ~~F ~ G `~ .e:pPr°".e~,o` ~~ ~i°•er. ~3r~ ,Q;l~b~
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST ~~
FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH
LOVELESS: ~-~~~~~~d- ~~~~elG ~
s~~~i o vc cL ~/~wc a-r~c~a-- ir.e Oru~t'°"~
6. ORDINANCE #643 - FLOOD PLAIN ORDINANCE::
~ ~~ ~~~,,,c-~ .
7. ORDINANCE #644 - SCISCOE REZONE: ~
~o-Y.~v~'
8. ORDINANC~45 - SUMMERFIELD ANNEXATION:
G~d j~''"ov.e ~
9. ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION:
Q~,r~re~r.e ~C-
10. AMENDED RESOLUTION 111-A - BUILDING PERMIT FEES:
. r2.df-acJ r~~f~s-L~u~it~ ~ .s~~ .~'QS1a!wf~~o~-Q,y
11. FINAL,PLAT: ELK RUN SUBDIVISION NO. 2, 44 LOTS BY THE
DEVELOPMENT GROUP AND GARY L~ ~t~ee.d. ~~P~Y.e ~'C ~ 2
~s.'pp1~~~ W~~Y2~~~~-~- iYri ~y h~J
~/
12. FINAL PLAT TRACT SUBDIVISION NO. 5, 75 LOTS BY PROPERTIES WEST
AND GARY LEE: ~~~
ct~~, ov~~ w~Prerrcv~i ~ ~~-r~~/~'
• ~!
13. FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 3, 64 LOTS BY MAX
BOESIGER AND HUBBLE ENGINEERING: ~~ ~,~ ~~,s
q~Pra/2d w/~/~S'.Iiti-iLe ~ iYvr~a.7`~}-,,J, ~"~-~Ca~ ~
14. FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 4, 35 LOTS BY RAMON
YORGASON AND ROY JOHNSON•
~~p~-~-vz c~ ev/S'f~~ ~'~-'--~J ~ C' C' ~ 2.`r /~r~~ylri~~ ~3-~~~~.-~.
15. FINAL PLAT: SPORTSMAN POINTE SUBDIVISION N O. 4( F O R M E R L Y N O. 5),
BY THE WESTPARK COMPANY:
~'c~J~i vv~ ~ t:.//~xeSFivk.~~e~C i Y~i?' •,.•f7 ~~ S~~-~ Ccrw.,•-•.-c~l ~ C' C!+ /Z,
16. PUBLIC HEARING: V~j RIq NC~ REQUEST BY MIKE AND CYNTHIA SCISCOE:
~~rr~v-ed ~(~ f` C'/L k:~p~,-~.~ r/t~-~. ~..-~J
17. PROCLAMATION: SPOTLfGHT OUR SCHOOLS WEEK
OIL RECLAMATION WEEK
U.S.A. LAW DAY
G~P~~azc~
18. DANBURY FAIR SUBDIVISION: PRESSU IZED {RRIGATION RETROF{T:
~~rev.~ ~r v~ f i~.a' ~ G~J~ F~~L c°r~'~' `~`" ~~''zrtwu'r~~~ L
19. STEVE RICKS: MIDTOWN SQUARE SUBDIVISION: :rr'~~f'~ ~~6 ~ ~
~~+~ra~ve S~~n~h~ D ~ ~i ha.~ l~c.t ~/~D~ap~h-9 ~ D .-~°fl ~3~
20. DEPARTMENT REPORTS: 'hfD ~~~ Z
A. GARY SMITH, CITY ENGINEER
1. SLUDGE APPLICATOR TRUCK: TABLED AT APRIL 5, 1994
MEETING: ~rp~'~~~~-c-~~~
Z - ~r~ L~cJE C~.~-~
B. LEASE AGREEMENT: KEN HAMILTON PRESENTATIONS:
TABLED AT APRIL 5, 1994 MEETING:
~'~~ ~,~taz.~e~. ~` ~t~, f~a•-,~i7/~. ~o ~dr/c ~~~~- -~
C. RESOLUTION #153: ~~~~~
. ~~~o~v. ~-~..e d~ .
. . •
OR!GINAL
ORDINANCS NO. ~~~
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE
NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land in the Northwest 1/4 of Section 19,
Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Nort
thence South 00°55'00"
OF BEGINNING;
thence South 00°55'00"
thence South 89°59'15"
thence North 00°46'S0"
thence North 89°59'15"
OF BEGINNING.
hwest
West,
West,
East,
East,
West,
corner of said Section 19;
1908.92 feet to THE POINT
194.50 feet;
1121.82 feet;
194.49 feet;
1121.30 feet to THE POINT
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 for
annexation and zoning.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements :
ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 1
. ~
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 controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive P1an adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 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 Ordinances of
the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy
of the legal description, and map, which shall plainly and clearly
desi.gnate 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
be in full force and effect from and after its passage and
approval as required by law.
ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 2
S
• •
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this,~=3ay of April, 1994.
APPROVED:
MAYOR -- GRANT P. KIN ORD
ATTEST:
~ y~ w~ a ~~; ~:-.
~ ~' ^" ' a"~ ^~ ~:
` _ 1~. +~~r~f~,N~ ~ `~''~`.,
'i ':
~1 r .~ y ~`"'s'-'° ~ ~ ~~
WILLIAM G. BERG, JR. - ~9 t4 ~, ~~
- CITY CLERK ~~ ~. ~•FV ~i~'~~p~$~ .v ~
,;~ ,1.~ .~ ~~
.
~ ^ ~' -~ ~~ `
~~~~'a ,~ 4'~. ~ y ~ ` ,~ '~ `~,~
STATE OF IDAHO, ) ~ ~;~I;'t ~~YF.~f3~ ~`~`' '
p.~„ ..~:.~ i~ l ~ t:
~ .~'i S •
.
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 A PARCEL OF LAND IN THE NORTHWEST
1/4 OF SECTION 19, TOWNSHIP 3 NORTA, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE,
passed as Ordinance No. 6~6 , by the City Council and Mayor of
the City of Meridian, on the ~~ day of April, 1994, as the
same appears in my office.
DATED this l~~ day of April, 1994.
~-i~.~°~-~---~ / -
City Clerk, City of eridian
Ada County, Idaho
ANNEXATION ORDINANCE - FAWCETT MEADOWS P$ge 3
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INAL.
ORD I NANCE NO . ~ ~S
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN
THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T.4N.,
R.1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land located in the SW 1/4 of the SE 1/4 of
the SW 1/4 of Section 32, T.4N., R.lE., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 31 and 32,
T.4N., R.lE., and Sections 5 and 6, T.3N., R:1E., B.M.,
thence North 00°01'36" West, 295.00 feet to a point;
thence North 89°43'17" East, 110.00 feet to a point;
thence South 00°O1'36" East, 295.00 feet to a point on
the South boundary of said Section 32;
thence South 89°43' 17" West, 110.00 feet to the Point of
Beginning,
is hereby annexed to the City of Meridian, and
Residential; that the annexation and zoning
conditions referenced in the Findings of Fact
Law as adopted by the Meridian Council o~
annexation and zoning.
Section 2. That the property shall
shall be zoned R-4
is aubject to the
and Conclusions of
n the request for
be subject to de-
annexation if the owner shall not meet the following requirements :
ANNEXATION ORDINANCE - SU1~~MERFIELD NO. 3~BOESIaSR P$ge 1
. .
,
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 controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 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 Ordinances of
the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy
of the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this 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, 1994.
ANNEXATION ORDINANCE - SU1~II~LERFIELD NO. 3\BOESIGER Page 2
. .
APPROVED:
~ ~
MAYOR -- GRANT RI S
ATTE T: ~ GJr "'a~
~~
. ~ ;,~,~esu~ •
ILLIAM G. BERG, J./- CITY CLERK ~i ~~, `~4 `~ T~,° ~
~ ~,,~ -~~' ~~ ~ ^' ~,
f;~
STATE OF IDAHO, ) ~a~!~%q ~ ,~ ~~,= ~I,a
S SS. '~ ~~+'"~~~".t:~i" ~h'
County of Ada, ) ~~~ ~;~~v ~~~~ ~ ti~
I, WILLIAM G. BERG, JR., City Clerk of t~i~'~ity 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 DE5CRIBED AS A PORTION OF THE.S l/2 SW 1/4,
SECTION 32, T.4N., R.IE., B.M., MERIDIAN,.ADA COUNTY, TDAHO; AND
PROVIDING AN EFFECTIVE DATE,
passed as Ordinance No. 6~~ , by the City Council and Mayor of
the City of Meridian, on the ~ day of April, 1994, as the
same appears in my office.
DATED this l`~ ~ day of April, 1994.
c~'~iC%I~L~-~ / ~' -
City Clerk, City Meridian
Ada County, Idaho
STATE OF IDAHO,)
: ss.
County of Ada, )
On this /9'~day of April, 1994, before me, the undersigned,
a Notary Public in and for said State, personally appeared WILLIAM
G. BERG, JR. known to me to be the person whose name is subscribed
to the within and foregoing instrument, and acknowledged that he
executed the same.
ANNEXATION ORDINANCE - SUl~II~iCRFIELD NO. 3\BOLSIGER Page 3
~ ~
.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written. _ ,~ ~
SEAL
~~~~~~~~~~.,,,~~
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.
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',',~ ~~ ~ 111 ~',~ ~~,,~
Not y Public for ldaho
Re id' g at Meridian, Idaho
My Co ission Expires ~ 9
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F E E ._L~ -_. :. .
RECOitu~i; ..; ; .- -.~: zST OF
,; :;
ANNERATION ORDINANCE - S~J~II~ERFIELD NO. 3~BOESIGER Page 4
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~ C~R!GI~AL.
ORDINANCE NO.~~
APi ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONTNG OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS
6 AND 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTIONS 1 AND 12,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-40, High Density
Residential to C-C, Community Business, for the 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:
p;~ Q~~ ~ i.~ c~ 1 Commencing at the section corner common to Sections 6
and 7 Township 3 North, Range 1 East, and Sections 1 and
12, Township 3 North, Range 1 West, Boise Meridian,
a ~, -
` - s` thence North 00°25'30" West, 2141.22 feet to a point on
~•- •- - the section line and on the center line of North
~ C; ~; - ' _ Meridian Road,
.
~ ~~f""`~ ~~ thence North 89°34'30" East, 30.00 feet to a 1/2 inch
ti,'s (i~v~~ ~;;•; y`; ~j"-} steel pin with a plastic cap on the Easterly Right-of-
Way of said North Meridian Road,
~~G ~~
„~ ,.,,,__ .,, .. . thence South 00°25'30" East, 42.15 feet along said
'~'~-~--- Easterly Right-of-Way of North Meridian Road, said point
being the REAL POINT OF BEGINNING,
thence South 89°43'16" East, 135.02 feet to a 1/2 inch
steel pin with a plastic cap,
thence South 00°53'00" East, 131.03 feet to a 1/2 inch
steel pin with a plastic cap,
REZONE ORDINANCE - DORADO DEVELOPMENT Page 1
• •
thence South 00°53'00" West 174.15 feet more or less,
thence South 88°06'58" West 132.13 feet more or less, to
a 1/2 inch steel pin on said Easterly Right-of-Way of
North Meridian Road,
thence North 00°25'30" West, 177.15 feet along said
Easterly Right-of-Way of North Meridian Road to a 1/2
inch steel pin with a plastic cap,
thence North 00°25'30" West, 135.00 feet along said
Easterly Right-of-Way of North Meridian Road to the REAL
POINT OF BEGINNING.
be, and the same is rezoned from R-40 Residential to CC Community
Business District, and Section 11-2-425, Official Zoning Maps is
hereby amended to reflect the same. This rezoning is subject to
the conditions referenced in the Findings of Fact and Conclusions
of Law as adopted by the Meridian Council on the request for
rezone.
Section 2. The Applicant shall pave parking areas
adjacent or near property, the design standards for off-street
parking in 11-2 414 must be met, specifically including the
fencing.
Section 3. That if Applicant shall fail to meet the above
conditions the property shall be subject to rezone back to R-40.
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 ~i/ ,
1994.
APPROVED:
p ~
R-- GRANT P. KI G OR
ATTES :
_ ~
WILLIAM G. BERG, J - CITY CLERK
REZONE ORDINANCE - DORADO DEVELOPMENT Page 2
'
STATE OF IDAHO,)
: ss.
County of Ada, )
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I, WILLIAM G. BERG, JR., of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WAICH IS
GENERALLY DESCRIBED AS COMMENCING AT THE SECTION CORNER COMMON TO
SECTIONS 6 AND 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTIONS 1
AND 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as
Ordinance No.~, by the City Council and Mayor of the City of
Meridian, on the ~-day of ~p~-i/ , 1994, as
the same appears in my office.
DATED this ~ day of ~,p~i l , 1994.
, ~, ~~
City Clerk, City . "' ¢~.
Ada County, Idaho ~` ~' ~~ '
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4 T ~ a~ry ,~ A
STATE OF IDAHO,) ;. ,, ~,
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• ~
County of Ada, ) `~`x•. ~'y ..~. ~a~ ``'=`, °`
i:< r~ $ i ~
.~ '~`,':.,~,:.~ . . ~ . .';
On this ~"day of A~Q1l. , 1994, e~ ore me.;•:'=~
the undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. SERG, JR., known to me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate ~~t above
written. l~ / I
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' ing at Mer d' n Idaho
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REZONE ORDINANCE - DORADO DEVELOPMENT Page 3
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ORDINANCE N0. ~ 0 R i G I f~ A L
J
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-405 OF
THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION THERETO OF AN ADDITIONAL SECTION TO BE KNOWN AS 2-405 D.
ENTITLED "ENCROACHMENTS", WHICH SHALL GOVERN IN AREAS OF SPECIAL
FLOOD HAZARDS WHEN FLOOD ELEVATIONS HAVE BEEN PROVIDED BUT
FLOODWAYS HAVE NOT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian did not include in its FLOOD
DAMAGE PREVENTION ORDINANCE provisions where flood elevations had
been provided but floodways had not and it is necessary to provide
provisions therefore.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1. That the City of Meridian hereby adopts the
following as an addition to its FLOOD DAMAGE PREVENTION ORDINANCE
which shall read as follows:
"2-405 D. ENCROACHMENTS:
Where base flood elevations have been provided but floodways
have not been provided, the cumulative effect of any proposed
development, when co~ttbined with all other existing and
anticipated development, shall not increase the water surface
elevation of the base flood more than one foot at any point."
SECTION 2. 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 it passage, approval,
and publication, as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE
CITY OF MERIDIAN, this 19th day of April, 1994.
FLOOD ORDINANCE AMENDMENT Page - 1
i •
ATTEST:
~~~z , .
WILLIAM G. BERG, JR. CI CLERK
APPROVED:
.
T P. KING RD,
FLOOD ORDINANCE AMENDMENT Page - 2
.
•
OR~GfNAL
BEFORE THE MERTDIAN CITY COUNCII,
RONALD L. HEAiRY
ANNEXATION AND ZONINC~
A PORTION OF THS N.W. 1/4 OF
3ECTION 19, T.3 E., R.1 W., B.M.
MERIDIAN MLADOWS SUBDIVISION
I~IERIDIAN, IDASO
FINDINC~S OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on April 5, 1994, at the hour of 7:30
o'clock p.m., at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the Council having heard and taken oral and
written testimony and the Applicant appearing in person, and having
duly considered the matter, the City Council makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for April 5, 1994, the first publication
of which was fifteen (15) days prior to said hearing; that the
matter was duly considered at the April 5, 1994, hearing; and that
the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were made available
to newspaper, radio and television stations.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 1
~ •
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 9.95 acres in size.
3. That the property is presently zoned by the county as R-T
(Rural Transition); that the Applicant requests that the property
be zoned R-4 and stated that the use proposed would be for proper
residential as dictated by the zone and submitted a proposed
preliminary plat.
4. The general area surrounding the property is used
agriculturally and residentially; that some of the property to the
north is platted for residential and some property to the north is
unplatted and vacant ground; that there is R-4 residential property
to the west across the Meridi.an/Kuna Highway; the property to the
south is unplatted agricultural ground; the property to the east is
residentially platted.
5. That the property is adjacent and abutting to the present
City limits.
6. The Applicant is not the owner of record of the property,
but the owners of record, Wilford H. Fawcett and Barbara A.
Fawcett, have requested this annexation and zoning and the
application is not at the request of the City of Meridian.
7. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 2
• •
8. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan; that the property is included within
an area designated in the Meridian Comprehensive Plan as a Single
Family Residential area.
9. There were no property owners, or anyone else, appearing
at the hearing to object to the application.
10. That the Applicant indicated that the intended
development of the property is, as stated above, for single family
dwellings; in the subdivision application it is represented that
the lots zoned R-4 would have a minimum of 8,000 square feet per
and that the houses would have a mi.nimum square footage of 1,600
square feet.
11. The Applicant stated at the hearings that there would be
39 lots for single family dwellings, a 2.7 density per acre, that
he agrees with the comments of the City Engineer but desired
clarification on one regarding the water line near Highway 69; that
lot 8 Block 1, would be donated to the City for a City Park but
informed the Council that he has decided not to deed the lot to the
City and the City has decided that the lot is too small to be of
any benefit to the City park system; that there was some doubt
presented about a mini-park on the east side of Ten Mile Creek;
that he had questions about Ada County Highway District's comments
about irrigation and drainage.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 3
• ~
12. That in the Rural Area section of the Comprehensive Plan,
Land Use, Rural Areas, Section 6.3, it does state that land in
agricultural activity should so remain in agricultural activity
until urban services can be provided.
13. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision
lots.
14. That the property can be physically serviced with City
water and sewer.
15. Meridian Police Department, Meridian Fire Department,
Meridian Schoal District, Meridian City Engineer, Ada County
Highway District, Ada Street Name Committee, Central District
Health Department, Nampa Meridian Irrigation District, Bureau of
Reclamation and the Meridian Planning Director submitted comments
and such are incorporated herein as if set forth in full.
16. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 3 as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a
maximum of four ( 4) dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.";
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 4
• •
17. That the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc. ) for the purpose of providing the City with
a range of affordable housing opportunities."
18. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided ..
.'
19. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
20. That the Meridian Comprehensive Plan, under Housing,
Housing Policies, at page 66, it states as follows:
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses, apartments, condominiums."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
21. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
HENRY\FAWCETT MEADOWS FIND.INGS OF FACT AND CONCLUSIONS OF LAW
Page 5
~ •
and is likely to continue; that the land is relatively close to
Meridian and economic conditions are making it difficult to
continue farming in the area.
22. That the City Engineer specifically commented regarding
the annexation that the legal description needs to include the
adjacent portion of the State Highway 69 right-of-way; that the
area of lots 2, 3 and 4 of Block 4, needs to be 8,000 square feet
excluding the Ten Mile creek easement; that data needs to be
submitted establishing the highest seasonal groundwater elevation;
and in a supplemental comment stated that the existing domestic
water and sewer services to Lots 2 and 5, Block 5, via wells and
septic systems, must be terminated and the residences on these lots
will be required to connect to the City water and sewer systems.
23. That the Planning Director, Wayne Forrey, commented that
the R-4 request complied with the Comprehensive Plan with the
exception of adequate recreation facilities to serve this
development area; that the site is adjacent to Ten Mile Drain,
which has been designated for future pathway development and that
a pathway concept design plan must be submitted to the Bureau of
Reclamation and for City approval and compliance with the County
Pathway Plan and Meridian Comprehensive Plan. He also commented
that a pedestrian bridge to the east over Ten Mile Creek is needed
to link the various existing and future subdivisions together and
meet Meridian School District need for pedestrian access between
subdivisions and that a twenty foot wide lot of record between lots
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 6
• ~
2 and 3 of Block 1, should be established for the access and for
sewer access with the home owners association maintaining the
easement. Also, that as a condition of approval, the
developer/owner must enter into a development agreement addressing
subdivision access linkage, pathway development and recreation
services . He also commented that as the site improvement plans are
prepared and submitted, City staff will review and approve any site
designs to achieve a high quality project as called for in the
Comprehensive Plan and in neighborhood meetings.
That in prior requests for annexation and zoning the Director
has commented that annexation could be conditioned on a development
agreement including an impact fee to help acquire a future school
or park sites to serve the area and that annexations should be
subject to impact fees for park, police, and fire services as
determined by the city and designated in an approved development
agreement.
24. The Meridian School District submitted comment in all
previous annexation requests and such is incorporated herein as if
set forth in full; its comment was that there is no excess capacity
in the schools of the District and that residents of the new
subdivision could not be assured of attending the neighborhood
schools; the School District asked for support for a development
fee or a transfer fee to help offset the costs of building
additional schools.
HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 7
•
•
25. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
26. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee or a transfer fee on residential property, which if
possible would be retroactive and apply to all residential lots in
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSTONS OF LAW
Page 8
• •
the City, because of the imperilment to the health, welfare, and
safety of the citizens of the City of Meridian.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
28. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
29. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water righ~s of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 9
• •
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainage's and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
31. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and segarate from the automobile) can be provided
throughout the City Urban Service Planning Area. The
Commission and Council shall consider the BicYcle-Pedestrian
Desiqn Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
32. That the Applicant submitted an application for
preliminary plat along with the application for annexation and
zoning which application included a preliminary plat.
33. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 10
~ •
2. That the City of Meridian has authdrity to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
3. That the Planning and Zoning Commission has judged this
annexation and zoning use application under ldaho Code, Section 50-
222, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, Meridian Comprehensive Plan, as amended, and the record
submitted to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant, with the consent of the owners of the property, and is
not upon the initiation of the City of Meri.dian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land.
HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 11
•
•
9. That the development of annexed land must meet and complg
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
10. That this Application has been submitted prior to the
adoption of the proposed amendment to the Meridian Comprehensive
Plan; that as a condition of annexation the Applicant must agree
that the Meridian Comprehensive Plan shall apply to the land and
any development. This agreement may be a part of the development
agreement.
11. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
12. That the requirements of the Meridian City Engineer,
including those he specifically stated in his comments and those
stated herein in these Findings and Conclusions, and of the Ada
County Highway District, Nampa & Meridian Irrigation District,
Bureau of Reclamation, and the comments Meridian Planning Director,
Wayne Forrey, except the deeding of Lot 8, Block 1 to the City.
Lot 8, Block 1, shall not be deeded to the City because the City
has determined that the lot is too small to benefit the City park
system; shall be met and shall be addressed in a development
Agreement.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 12
~ •
13. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled the property shall be
subject to de-annexation.
14. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mai.ns
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance; that, as a condition of annexation, the Applicant shall
be require#d to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement shall
address the inclusa.on into the subdivision of the requirements of
11-9-605 C, G 1, H 2, K, L and the comments of the Planning
Director, Wayne Forrey; that the development agreement shall, as a
condition of annexation, require that the Applicant, or if
required, any assigns, heirs, executors or personal
representatives, pay, when required, any impact, development, or
transfer fee, adopted by the City; that there shall ~be no
annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss
of City services, if the requirements of this paragraph are not
met.
15. That the house size representation of 1,600 square feet
must be met and those representations of the Applicant made at the
public hearing, which are recited in Paragraphs 10 and 11 of the
Findings of Fact.
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF L'AW
Page 13
~
~
16. That proper and adequate access to the property is
available and will have to be maintained.
17. That these conditions shall run with the land and bind
the applicant and its assigns.
18. Wi.th compliance of the conditions contained herein, the
annexation and zoning of R-4 Residential would be in the best
interest of the City of Meridian.
19. That if these conditions of approval are net met the
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSTONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR GRANT P. KINGSFORD (TIE BREAKER)
VOTED '~
VOTED
VOTED ~
VOTED
VOTED
DECISION AND RECOI~II~IENDATION
The Meridian City Council hereby recommends to the City of
Meridian that they approve the annexation and zoning as stated
above for the property described in the application with the
conditions set forth in these Findings of Fact and Conclusions of
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 14
•
G
Law and that the Applicant be specifically required to tile all
ditches, canals and waterways, meet all of the Ordinances of the
City of Meridian, specifically including the development time
requirements, and enter into the required development agreement,
and that if the conditions are not met that the property be de-
annexed.
MOTION:
APPROVED: ~ DISAPPROVED:
HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 15