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1994 03-15
MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 15, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MARCH 1, 1994: (APPROVED) 1. TABLED: REZONE REQUEST: DORADO DEVELOPMENT AND MICHAEL AND CYNTHIA SCISCOE: (TABLED AT MARCH 1, 1994 MEETING) (TABLED UNTIL APRIL 5, 1994 MEETING) 2. TABLED: REZONE REQUEST: ROBERT AND FRAN WHITMIRE: (TABLED AT MARCH 1, 1994): (APPROVED; CITY ATTORNEY TO PREPARE AN ORDINANCE) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR LOCUST GROVE CENTER BY AVEST LIMITED PARTNERSHIP: (APPROVED) 4. ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: SPORTSMAN POINTE #4: 5. ORDINANCE #634 - SCOTTSDALE ESTATES SUBDIVISION: (APPROVED) 6. ORDINANCE #635 - ELK RUN SUBDIVISION NO. 2: (APPROVED) 7. ORDINANCE #636 - TUTHILL SUBDIVISION NO. 2: (APPROVED) 8. ORDINANCE #637 - NYBORG REZONE: (APPROVED) 8. AMEND ANNEXATION ORDINANCE #633 FOR VALERI HEIGHTS: (APPROVED) 9. ORDINANCE #638 - SPORTSMAN POINTE #4: (APPROVED) 10. FINAL PLAT: VALERI HEIGHTS SUBDIVISION BY VICKIE WELKER AND HUBBLE ENGINEERING: (TABLED UNTIL APRIL 5, 1994 MEETING) 11. FINAL PLAT: CROSSROADS SUBDIVISION NO. 2 BY CAPITAL DEVELOPMENT AND HUBBLE ENGINEERING: (APPROVED) 12. NICOLE RITTER: REQUEST FOR CROSSWALK AT HIGH SCHOOL: 13. PUBLIC HEARING: PRELIMINARY PLAT FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH LOVELESS: (APPROVED CONDITIONED UPON APPROVAL OF VARIANCE) 14. PUBLIC HEARING: PRELIMINARY PLAT FOR THE LANDING SUBDIVISION #7 BY SKYLINE DEVELOPMENT AND TOM EDDY: (TABLED) 15. PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SALMON RAPIDS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE AN ORDINANCE) 16. PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE AN ORDINANCE) 17. BEER/ WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT: (APPROVED CONDITIONED UPON POLICE CHIEF'S APPROVAL) 18. BEER/ WINE LICENSE APPROVAL FOR FARMERS CLUB: (APPROVED CONDITIONED UPON POLICE CHIEF'S APPROVAL) 19. MICHAEL CLARKE: WATER/ SEWER LINE REQUEST: (APPROVE 3 PHASES OF THE EXTENSION OF THE WATER LINE) 20. JIM LANG: APPEAL FENCE VARIANCE COMMITTEE DECISION: (DENIED) 21. U.S. BANK: REQUEST FOR TEMPORARY OFFICE: (APPROVED FOR 6 MONTH TEMPORARY TRAILER) 22. DEPARTMENT REPORTS: 1. BUILDING PERMIT RATES - MERIDIAN CITY COUNCIL MARCH 15, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Max Yerrington, Walt Morrow, Ron Tolsma: Members Absent: Bob Corrie: Others Present: Will Berg, Wayne Crookston, Wayne Forrey, Shari Stiles, Gary Smith, Jim Johnson, Chief Gordon, Christian Bourguignon, Frank Stoppello, Vickie Welker, Roger and Gini Allen, Kathleen Weber, Marty Goldsmith, Les Schild, Niclole Ritter, Brian Smith, Rick Ritter, Anna Bodine, Becky McEvoy, Terry Echenroh, Bev Donahue, Tucker Johnson, Lydia Aguire, Michael Sciscoe, Cheryl Ward, Keith Loveless, Gary Flores, Dave Roylance, John Shipley, Steve Barker, Michael Clarke, Jim Lang: MINUTES OF THE PREVIOUS MEETING HELD MARCH 1, 1994: Kingsford: Are there any corrections, additions, or deletions to those minutes? Tolsma: I move they be approved. Morrow: Second Kingsford: Moved and seconded to approve of the March 1, 1994 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would like to welcome Pack 5, Den 3 of the Linder Elementary Scouts here as well as Troop 17 of the Boy Scouts from Meridian. First on the agenda I would like to do a proclamation. Whereas, Kris Adamson is a native Citizen of the State of Idaho, Ada County and the City of Meridian, and Whereas Kris Adamson did so represent the State of Idaho at the 1994 United States Weightlifting Federation National Championships, held March 11th through the 13th and Whereas Kris Adamson did so win the 70 kilogram division and in doing so became the first Idaho woman to ever win a National Weightlifting Championship and Whereas in so doing she as brought honor and recognition to her State and herself, We the City of Meridian acknowledge her outstanding accomplishment, and commend her achievement by awarding her this proclamation and affix the seal of the City of Meridian so that all who read this shall know of this fine accomplishment by our native daughter. Kris would you like to come forward and accept this proclamation please. ITEM #1: TABLED: REZONE REQUEST: DORADO DEVELOPMENT AND MICHAEL Meridian City Council March 15, 1994 Page 2 AND CYNTHIA SCISCOE: TABLED AT MARCH 1, 1994 MEETING: Kingsford: Are they present, would you come forward and advise us where we are at with that. Sciscoe: As of our tabling last week, we submitted some drawings to what we were planning to do to the property and talked with Wayne Forrey and got with Wayne Crookston on it. They believe that it can be worked out with the facts and findings that were brought up originally. We were ourselves wondering if it would be possible to reconsider a CN on the whole property. Mainly because the question of having a residence on the commercial property in the original facts and findings was addressed on CG property as opposed to CN and we have been asking for that to be shown to us in the law where it is stated that you cannot have a residence in a commercially zoned area specifically a CN and that hasn't happened yet. We are also concerned that by dividing the property into R-8 for the home and CN for the business only that it will create and uneconomic remanent in the future. Again one of our reasons for purchasing this property and going for the CN zoning was that the property next door is CG and there are people living on that in a residence. I know in the facts and findings it said that it is a single family residence, but the last time we checked on our zoning map it was zoned CG. Kingsford: Can I interrupt you just a minute. The folks in the back there are a number of seats here, you are welcome to sit down. As uncomfortable as it is up here I can imagine what it would be like standing out there. Go ahead Mr. Sciscoe. Sciscoe: So, 1 guess one of my questions is where that is stated in the law as far as having a residence. I am assuming that if it is in the law and this is purely and assumption on my part at this point that it is talking about new development of a new home as opposed to one that has been there for 40 years. I am still trying to find out where that is either in the Ordinance or in the law. Kingsford: Wayne, would you care to address that? Crookston: The restrictions are in the allowed uses that are designated in the schedule of zoning controls. Residences are not listed as a use either in the CN, CC or in fact the CG. Sciscoe: Now, is that referring to new development or established residences already. Crookston: That refers to everything, that is not to say that someone is there living in the residence at the time it was rezoned. That doesn't mean that they have to quit Meridian City Council March 15, 1994 Page 3 living there. Sciscoe: Well, I guess that is what I'm wondering too. I mean we are living there now in the case of the rezone I guess I would state that all through Meridian and all over the valley area there are people having residence with commercial businesses. I guess I still have the question of why the neighbors to the north were able to purchase this property as a residence and we are not in that same position. Crookston: I can't address what happened with the situation regarding the property to the north of you. I have not looked into that. One difference is that to my understanding you were not living in that property at the time you filed your application. Sciscoe: We had, we filed our application on November 9th and I'm trying to remember did we close in November or December, it was closed on December 10th. But, I am not sure, I am concerned in the future that if our business expands to the point where we are not able to live on the property, when we go to sell that property we are going to have 2 different properties. We are going to have a residence and a commercial slot there. As development increases around the area, with the apartments behind it and the businesses next door that are going to be limited office the feasibility of selling that parcel or parcels in that situation because I believe we requested here that if it was in the situation of the R-8 for the home and zoned CN for the business that. Kingsford: As I perceive this Mr. Sciscoe, the Council is not up to speed on that unless you have submitted something for them to consider in the way of a variance or whatever. If you tried for remedy with staff and that hasn't been satisfactory you then need to present to the Council for some sort of a consideration of overriding of that staff level decision. We are certainly not aware of the situation. We have no idea what you are talking about. While your train of thought is gone mine was never there. Sciscoe: Well, I guess that is what we would request at this time because it has been since November that we have been going through this process and its been educationally good and frustrating at times too. Originally when we started with the CG it was 2 months later that we were told that we can't have a residence on that CG. And I'm wondering why they would take 2 months to find that out. There are a lot of questions that I can't understand why the process has digressed from the original of no problem at all to do this to everything in the world seems to be a problem now. I definitely need to get it worked out because our business is now located in the place where we used to live and we would like to get it moved over to • Meridian City Council March 15, 1994 Page 4 11 our property and get started with the structure etc. If there is anyway we can expedite the process it would be appreciated. Kingsford: I would suggest possibly a meeting be set up as quickly as possible involving Shari Stiles, and myself, one or 2 members of the Council and let's look at exactly where you are at and where we need to go. Sciscoe: 1 would appreciate that. Kingsford: Entertain a motion to table this until the next meeting pending the outcome of the attempted resolution. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve tabling this until the next Council meeting, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #2: TABLED: REZONE REQUEST: ROBERT AND FRAN WHITMIRE: (TABLED AT MARCH 1, 1994): Kingsford: Are they here, would you state your name for the record please? Ward: My name is Cheryl Ward. We are requesting this rezone on 408 West Cherry Lane. It is located approximately 2 blocks west of Meridian road on Cherry Lane. It is an area of mixed residential and commercial use. There are a number of commercial businesses in the area. The particular property that we are requesting a rezone on it Whitmire Construction. It is a very low traffic business because they do schedule appointments. It is a circular drive that is located in front of the property, we feel that it would be a very small impact on the traffic on Cherry Lane. It would be easy on/ off road access. Whitmire's have agreed to comply with everything the City and the Highway District have requested as far as signage, landscaping, parking. We just don't see any problem with it at all. Kingsford: Was the issue of screening addressed? Are we talking about a construction yard or what are you talking about. Meridian City Council March 15, 1994 Page 5 Ward: No, it is simply a construction office. The Whitmire's are contractors that have been in the area for about 18 years. They build everything from homes for first time home buyers to upper end homes for just the most discriminating buyers. Their homes are extremely aesthetically pleasing. If anyone knows about Whitmire he is probably one of the best builders in the area. He does schedule his appointments in his office and so there is very tittle traffic in and out of the area. It is mainly an office for bookkeeping and making appointments to meet with build jobs. Kingsford: Any questions of the Council? We did have the public hearing at last meeting and no one was here to represent. You asked to table it until you could ask questions. Morrow: My only question here is there are surrounding businesses and what this is going to be used for is that it is a rezone from a residential to a construction company office. It is LO and it is residential type of construction and there is no equipment yard, shops or anything like that involved with this, it is strictly office stuff. Kingsford: We need to approve the findings and direct you to do an ordinance. Is it the Council's decision to approve of the findings prepared for P & Z? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Next item would be to direct the Attorney to prepare a rezone ordinance. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare a zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea • Meridian City Council March 15, 1994 Page 6 ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR LOCUST GROVE CENTER BY AVEST LIMITED PARTNERSHIP: Kingsford: At this time I will ask the City Attorney to outline what the Council has placed in those findings. Crookston: Well in summary, what the findings of fact indicate is that the property, excuse me all the property would be zoned CG. There would be a proposal to have a development agreement for that property as to be used for everything other than the storage. There is a conditional use permit for the storage with a development agreement for that portion of the land that is going to be developed in storage. That is where the conclusions come out. And to have in the development agreement that the development agreement we could do them both for the property to be used for the shopping center and what they discussed for a retirement area together with that portion of the land that is going to be used for storage, it could be done separately. It is my suggestion however that no ordinance for annexation be passed until we have the development agreements signed and executed and in place. Kingsford: Any questions of the Council on these findings? Is there a motion on the findings? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law on the request by Avest, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea Kingsford: The appropriate measure then Counselor is to approve the Conditional Use Permit or Crookston: No, not until you have a development agreement. Kingsford: Point of interest in that agreement, development agreement, I think the question of Dixie Lane going through needs to be addressed. And the stub street that we required from Dave Leaders property that stubs to this needs to be addressed as Meridian City Council March 15, 1994 Page 7 well. So those things need to be hooked together also. ITEM #4: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: SPORTSMAN POINTE #4: Kingsford: The preliminary plat was done at the last meeting I believe, we will skip over that and handle that with the ordinance agenda item #9. ITEM #5: ORDINANCE #634 - SCOTTSDALE ESTATES SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO: AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #634 read in its entirety? Tolsma: I move we approve Ordinance #634 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #634 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea ITEM #6: ORDINANCE #635: ELK RUN SUBDIVISION NO. 2: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4 OF SECTION 24, T. 3N, R. 1W, B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #635 read in its entirety? Is there a motion on Ordinance #635? Yerrington: I move we approve #635 with suspension of the rules. Tolsma: Second 0 Meridian City Council March 15, 1994 Page 8 Kingsford: Moved by Max, second by Ron to approve Ordinance #635 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea ITEM #7: ORDINANCE #636 - TUTHILL SUBDIVISION NO. 2: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH 1S DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T. 3N, R. 1W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #636 read in its entirety? Is there a motion? Tolsma: Mayor, I move we approve Ordinance #636 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #636 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #637 - NYBORG REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #637 read in its entirety? Entertain a motion. Yerrington: I move that we approve #637 with suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve Ordinance #637 with • Meridian City Council March 15, 1994 Page 9 suspension of the rules, roll call vote. • ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea ITEM #9: AMEND ANNEXATION ORDINANCE #633 FOR VALERI HEIGHTS: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 11, T. 3N, R. 1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. The reason this was amended is because there was a parcel of land that was excluded that did not allow this property to be contiguous, that has now been included in this legal description. Is there anyone from the public that would like amended Ordinance #633 read in its entirety? Is there a motion? Yerrington: I move that we approve #633 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of Ordinance #633 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea ITEM #10: ORDINANCE #638 - SPORTSMAN POINTE NO. 4: Kingsford: This was an issue that this property didn't get annexed because it was in an area lying outside our Urban Service Planning Area until last fall. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 19, T. 3N, R. 1 E, B.M., AND COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #638 read in its entirety? Is there a motion? Tolsma: Mayor, I move we approve Ordinance #638 with suspension of the rules. Yerrington: Second • Meridian City Council March 15, 1994 Page 10 • Kingsford: Moved by Ron, second by Max to approve Ordinance #638 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All yea ITEM #11: FINAL PLAT: VALERI HEIGHTS SUBDIVISION BY VICKIE WELKER AND HUBBLE ENGINEERING: Kingsford: Vickie, are you going to speak to that. Welker: There are a couple of things on Gary Smith's list that I need to address. He is asking on #10 about the square footage on Lot 7 - Block 1, actually 7 through 10 on Block 1. I discovered which I didn't realize that the engineer had included the square footage to the middle of the canal which most engineers and developers have been doing. However, we have a fencing requirement along the canal and so we are going to come back the width of the canal itself and 5 feet in the bank and we are working up a improvement agreement with the Nampa Meridian Irrigation District and so I am having the engineers prepare the square footage of each lot so that it has a minimum of 10,000 feet. You will have your 8,000 in any event but I am trying so that we have a minimum of 10,000 square feet in each lot up to the fence line. Which will include 15 feet in the encroachment area and 15 feet of the canal that is not included. And the 15 feet not included will not be included in the net square footage of the lot. I have a pencil drawing if you would like to see how that works out, what changes it might make. Kingsford: Gary, would you like to look at that pencil drawing, are you satisfied that it would meet the square footage requirements for a lot? Smith: Mr. Mayor and Council members, all I was speaking to was the requirements of the ordinance. If she is varying from the ordinance 1 don't know if 1 can approve that. Kingsford: She is not varying from the ordinance, I think I am hearing her say. Welker: I am increasing the size, your ordinance requires a minimum of 8,000 and I am trying to get more than that in the lots. So we will have the minimum of 8,000 in all of them. Smith: So, you are decreasing the size of the easement of the ditch then? • Meridian City Council March 15, 1994 Page 11 • Welker: No, what they are doing is and what they have been doing is giving an encroachment agreement where you have access and use of part of their easement, but they have the right to come and do work in there and they don't allow you to plant trees and that type of thing, but you have full access to that as part of your lot. And you can fence that to where they don't have any access to it unless an emergency arises then they do. It is an agreement drawn up with the Nampa Meridian Irrigation District Attorney. They are doing that with several subdivisions now. That is only in the case where the road is on the opposite side of the canal which this one is. If the road were on this side I couldn't do it. Smith: Well I could certainly check that, but it doesn't sound like something I can. Kingsford: Our ordinance says that has to be 8,000 minimum not including the easement. Smith: And if there is some kind of agreement with the Irrigation District then I guess that Wayne would need to get involved with that, Wayne Crookston. And make sure but I don't know the legalities of that, but I can check the size of the lots based on an encroachment if that is acceptable to the City Council. Welker: The way I have tried to work this out is so that you will have 8,000 feet in any event without any of the easement. But, 1 am trying to include part of the easement in the usable portion of the lots so that I have a minimum of 10,000 feet. Kingsford: So, you are saying that this item doesn't really apply that you are going to have 8,000 in each lot not including any easement. So that would be a lot adjustment to increase those, right. Welker: Yes, to increase the ones that don't meet that. And also the, I don't know if Mr. Fuller is here tonight but the engineers have informed me. I had one discussion with Mr. Fuller about where the location of the ditch is between Valeri Heights and his property to the south. I had understood it that the ditch was on his property and where my fence line would go would be just to the north of the ditch, but that apparently is not correct. The ditch, our property runs into what he is now farming which it comes anywhere from 9 feet on the west end and 22 feet on the east end and Mr. Fuller wants us to leave that as an open ditch which the ordinance doesn't allow us to do. So, I would like permission to either go ahead and tile it as required or to move it onto his property if that is what he wants. If he wants it to remain an open ditch it will have to move onto his property and according to the engineers that is what they think he wants. So, I want to have that option left if that is what he want so that we can move the location of the ditch and of course this would have to Meridian City Council March 15, 1994 Page 12 be also with the agreement of the Nampa Meridian Irrigation and it has to flow right and all of those things. Kingsford: What is the legal ramification of that Counselor? If it was adjacent property we would require that it be tiled. Crookston: That is correct. Kingsford: Council would have to grant a variance if that is the request from the 2 parties and other party. Crookston: (Inaudible) where it would be moved. Kingsford: Well, the irrigation district would certainly want involvement there. We would also have to be advised it will be his obligation to the that at such time he may develop. Crookston: Is this part of the Eight Mile Lateral? Welker: No, it is an irrigation ditch, it is about a foot depth and width. It is quite a small ditch and it doesn't make any difference to me which way it is done. I just am trying to negate any possible disagreement Mr. Fuller may have on it. And perhaps he doesn't have a choice I don't know. Kingsford: Anything else? Welker: Only that, just to confirm that the Fire Department has not asked for a change in the culdesac as it was last submitted and City Council had some discussion about reducing the size of it. In my discussions with Ken Bowers we both felt that if you reduce the size of it further than we are in fact going to have a problem with people trying to park on both sides of it and that it should remain the size that it is and was large enough to accommodate a truck as long as we have 23 feet of blacktop of actual road which we are happy to do that. Kingsford: Any questions of the Council? Tolsma: Have you seen that letter from Mr. Parker? Welker: Yes, I have and the only question. What I brought up last time with regard to the sewer easement that we have in here, is we have it here and it is in compliance with Hubble group as he brought as a potential plat for his property. It doesn't say • Meridian City Council March 15, 1994 Page 13 that it is going to happen when some developer comes in ad purchases that property and they do something different, but that would be where the line would go through. I had made the request that I be given the option not to have to put that easement through if in fact he gains it from another source. He is asking that it come through both ways in any event, I don't know how reasonable or feasible that is on that one. I would prefer not to have to do because of what I am trying to create here from a market standpoint. I want my lots as large as they can be because they are limited in their luxury housing. So, if he gets it from another source I would prefer that it not have to go through my property. And I wanted to have that option available to me. I will comply with whatever the Council wants me to do on that. Kingsford: Any other questions? Tolsma: (Inaudible) Kingsford: That is the policy that the Council directed at the last meeting, or re- affirmed at the last meeting. Tolsma: So, somewhere on the property it would have to go to the property line. The water and sewer line has to go from property line to property line. So, somewhere along that back side its going to have to go to the property line. Welker: It is going to have to connect anyway, even if he has it from another source? Tolsma: Well, no doubt to the property line. Welker: Well, then we already have it drawn in so we will just leave it that way. I was just hoping for that option that if he gained it from another source that I could go back and increase my lots al little larger, but if that is not possible that is fine. Also, we have created the 10 foot pedestrian easement between lots 14 and 15. Actually it is coming 10 feet off of the west side of lot 13. And that is where the pedestrian easement will go through. Kingsford: Any other questions of the Council? Morrow: I have a question of Gary on his comments on item #9, is that addressed in terms of what should the tot frontage dimension criteria be for Lot 6 - Block 1 ? Smith: Yes, that request was because part of the lot is on a tangent section of the street and part of it is on a curve. • Meridian City Council March 15, 1994 Page 14 Morrow: And that is resolved to your satisfaction? • Smith: I haven't received any information from that question to answer that question. Part of it goes back to a question I had some time ago about this 40 foot dimension applying to lots other than lots that are on culdesacs. li think the development community has been taking advantage of that in terms of having narrow fronted lots on curve sections of a street rather than the frontage as required in the ordinance. Morrow: And the intent was for the narrower frontages to be on culdesac lots only and not on curves. Smith: That is my interpretation of the Zoning and Development Ordinance, it speaks specifically to culdesac lots. I just would like some clarification if we have curve linear lots or curve linear frontages on some of these lots our previous edition of the Zoning and Development ordinance required a setback dimension or a lot width dimension setback point. So 20 feet back from the property line the lot had to be so wide. It seems to me that's the way it should be handled, and the narrow fronted lots on the curve sections of the street and this 40 foot cord really pertains to culdesac type lots. And of course when you have a knuckle in a street or a small bulb that is a section that could be looked at as a section of a culdesac because it has a similar radius to it. But, on the other curve sections of the roadway some of those are several 100 foot radiuses and. Morrow: 1 think my interpretation of that would be that the design of the ordinance was so that it applied to culdesac lots and anything outside of that is taking some real loose interpretation of that, that was not the intent of the ordinance to begin with. I think the intent of the ordinance if I understand it correctly was to solve the problem with respect to culdesacs and it did not apply to general curves within the subdivision. Smith: I was just looking for some clarification because in this particular case part of the lot is on a tangent section and part of it is on a curve linear section of the street. But the overall net of all of that is that it doesn't meet the frontage requirement of the ordinance of an R-4 zone as 80 feet. Morrow: I think what I'm saying is that it should meet that. Smith: That is my question and my concern. Morrow: Okay, and I guess a follow up to that maybe would be if its the Council's wish and the Mayor's wish that that's how we interpret it. That the development • Meridian City Council March 15, 1994 Page 15 community become aware of that and to stop taking liberties with the interpretations of the ordinance. That answers my question. Kingsford: Is that the consideration of all the Council and that would be something that needs to be clarified or adjusted rather in this plat. Tolsma: Well, my thoughts on it, when they designed the darn thing (inaudible). Morrow: So then would you like a motion to. Kingsford: I think that it would be appropriate to give that to the building department or engineering department to make sure that it is addressed correctly. Morrow: So moved Tolsma: Second Kingsford: Moved and seconded to have cord blocks only apply to culdesac or bulb lots in a subdivision plat and not on tangent lines and street corners, all those in favor? Opposed? MOTION CARRIED: All yea Welker: Can 1 ask a question, in looking at that in the event with the engineers because we are working with a limited area. In the event that the engineers cannot get that, can there be an alternative to that to move the setback farther back from the 20 feet like you have to do on the other lots. It looks like. Kingsford: I think that is what they are saying is that they are not going to buy that Vickie. I think that was the intent of that motion. Welker: So what do you do if you can't find the 5 feet? I don't know the engineers perhaps can wrestle, but I'm not sure myself. What if the 5 feet isn't there because of what we are working with. Kingsford: I think I'm hearing the Council say it is going to have to be adjusted so that it is obtained. Morrow: 1 have a couple of other questions with respect to this also. Now they are going to be redesigning that so that it meets our criteria in terms of the ordinance and then there is a possible lot line adjustment here to meet the necessary 8,000 • Meridian City Council March 15, 1994 Page 16 square feet and then we have the issue of the encroachment agreement and the legalities of that and then we have the issue of the ditch with respect to Mr. Fuller who is the adjacent property owner and whether or not it is tiled. Kingsford: I think that is correct. Morrow: So we are dealing with 5 issues that are unanswered at this time. Kingsford: That is right. What is the Council's decision? Morrow: Comment, I am a little uncomfortable trying to address 5 issues and approve this and I think it makes for good government for us to leave this up to the staff without giving the some help and guidance. I think that my preference would be to table the project until the questions are answered and until Mr. Crookston has had an opportunity to check out the legalities of the easement agreement, until Mr. Fuller (inaudible) as to what his desires are with respect to the ditch, until the question with respect to the lot that Gary has raised is answered to his satisfaction. It seems to me that we ought to have those things in place, and see if we can make a good look at it and then make a good decision based on the facts. So, I would move to table. Kingsford: You need to table to a date sir. Morrow: Until the next meeting which would be our first meeting in April. Yerrington: Second Kingsford: Moved by Walt, second by Max to table Valeri Heights subdivision final plat until the first meeting in April, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Are you clear Vickie on the direction to head with all of that? ITEM #12: FINAL PLAT: CROSSROADS SUBDIVISION NO. 2 BY CAPITAL DEVELOPMENT AND HUBBLE ENGINEERING: Kingsford: Is there a representative of Hubble here or Crossroads. Smith: My name is Brian Smith. The subdivision before you is a 43 lot subdivision on 12.79 acres which is 3.3 lots per acre. Its in conformance with what was approved as a preliminary plat of the entire Crossroads subdivision. We agree to all • Meridian City Council March 15, 1994 Page 17 the comments of the City Engineer, I would like to address comment #1. Which deals with the change to the preliminary plat with a stub out street to the south. This was requested by Ada County Highway District to accommodate the future Pine connector which was a consideration when this preliminary plat was approved. In terms of all the other comments of the staff we have no problems and plan to proceed with this plat based on the conditions of approval of the preliminary plat. And if there is any questions I would be happy to answer them. Kingsford: Any questions for Mr. Smith? Morrow: You are saying you will agree with the stub street as requested by ACRD? Smith: Yes, sir that is correct. That is how we show it on the final plat. Morrow: I have no other questions. Kingsford: Any other questions of Council? Is there a motion? Morrow: I would move to approve the final plat. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat for Crossroads subdivision NO. 2 by Capital Development, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Brian if we could, we had an error in last meeting the Council considered the preliminary plat of Tuthill subdivision no. 2. That was not entered into the minutes somehow when that took place. Would you like to just briefly describe that to the Council and answer any questions they may have on that. That was a request for annexation and preliminary plat that we had the public hearing on and inadvertently we didn't approve the preliminary plat. Smith: Tuthill Estates No. 2 is just to the east of Tuthill Estates No. 1. As the mayor stated we are request annexation and rezoning with preliminary plat approval for this. It is a 14.5 acre site with 49 lots and we are requesting an R-4 zone. We will abide by all of the requirements of the R-4 zone with 8,000 square foot lots and 80 foot frontages. For clarification this is to the east of Tuthill Estates No. 1 to the south of Parkwood Meadows and it will be to the north of what is going to be Kentfield Manor. If you have any questions. Meridian City Council March 15, 1994 Page 18 Kingsford: Any questions for Mr. Smith on this or of our Engineer Mr. Smith? Again, I think that is something that we didn't get into the minutes of the approval of the Council. Is there a motion? Morrow: So moved Tolsma: Second Kingsford: Moved and seconded to approve the preliminary plat of Tuthill subdivision no. 2, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #13: NICOLE RITTER: REQUEST FOR A CROSSWALK AT HIGH SCHOOL: Kingsford: Nicole, would you come forward and address the Council. (End of Tape) Ritter: My name is Nicole Ritter. Bodine: My name is Anna Bodine. Ritter: Basically we think that a crosswalk should be at the intersection of West Washington and Linder. This is because of an incident that happened I think it was a month ago yesterday. A girl was hit and seriously injured because she was walking across the street and she didn't see the car I don't think. We have a map and it shows right where it is if you would like to see that. We have a letter from the Student Council with Brian Sweet's signature, that is our Student Body Vice President. We have 200 of the 400 signatures that we collected on our petition. Kingsford: Any questions of the Council? Yerrington: We checked into this at the Police Department shortly after this accident and since that time there have been gates put on the fence and they have been padlocked and we kind of backed off from it after that because the gate is being locked. Kingsford: I believe I did discuss that with you on the phone that they still wanted to address that. I think part of the problem that the students have out there is you go down Linder and there are parks on the way there and there are sidewalks and part Meridian City Council March 15, 1994 Page 19 of the way it is not and the puddles form and a variety of things. They padlocked those gates and I agree with you Max I think in part there as long as there are not sidewalks there it would be good to steer that traffic to go across Warrior drive where there is a crosswalk and we need to get the Highway District to paint that a lot brighter again and update it. But, to put that down a ways you are going to have people I'm afraid going across at intervals other than where the crosswalk might be. Do you have any thoughts on it. I mean I see kids going across all the way down the street. Ritter: I think they just across when there is a break in traffic, but there are a lot of people that cross right there even the gates have been closed they still cross there. Bodine: They go over the fence and cross there. Kingsford: Does the track coach know about them jumping it? Ritter: We think that if someone were to climb over the fence and to get their leg stuck or something and fall that would probably, the blame would fall on Ms. Clover somehow she would probably be responsible for it. Kingsford: I know when visiting with her she thought it was a good idea to lock those gates basically just to preserve the field with the bicycles and the amount of foot traffic that goes across wearing some pretty deep paths across. Certainly whatever is the safest I am all for. I am not sure that the crosswalk as you indicated is going to keep people going across at the right place. Ritter: Well the crosswalk on Warrior Dive it is a lot more dangerous because people won't stop for you even the busses won't stop, they just go anyway. They just don't pay any attention to you whether you are standing there or not. Kingsford: Do you think it will be better just down the street an eighth of a mile to cross? Ritter: There is only 2 way traffic that way that is what we, that is part of the reason we think it should be one there. Kingsford: Does Council want to recommend the crosswalk at Washington and Linder? Morrow: Can we have Chief Gordon address this from his perspective please? • Meridian City Council March 15, 1994 Page 20 • Gordon: Certainly after the accident the ladies are talking about we did contact Councilman Yerrington and I contacted Dave Szplitt of the Ada County Highway District. They are presently doing a study on all of the schools within the Ada County area right now. So we were going to wait and see what they came up with. They didn't recommend a crosswalk at this time. Ritter: Well even if there can't be a crosswalk put there maybe it should be marked as a school zone and the speed limit should be reduced because it is a 35 speed limit. Kingsford: Okay, that is certainly a good point. Gordon: If you would contact me at the Police Station I will make sure that you guys are made aware of any changes that we come up with. Kingsford: Max would you address that speed zone, speed limit, the school zone speed limit with the Highway District. Yerrington: Yes. Kingsford: Thank you very much ladies I appreciate you coming in. ITEM #13: PUBLIC HEARING: PRELIMINARY PLAT FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KIETH LOVELESS: Kingsford: At this time I will open the public hearing and invite the owner or his representative to speak first. Keith Loveless, 3330 Grace Street, Boise, was sworn by the Attorney. Loveless: This evening we are presenting a preliminary plat for Navarro Subdivision located on West Pine Street in the area of 12th street and a new road being numbered North 13th. It consists of 36 lots on 9.8 acres. The project has 2 existing homes of it that front on Pine Street which we are putting individual lots around and will retain the access on Pine Street with no problems from the Highway Districts standpoint since that is where they take their access now. The remainder of the lots will be taking their access from internal streets, West State, Northwest Clarinda, 12th and 13th. We've also have asked for a variance. This is an R-4 zone with the 80 foot frontage requirements but this is the last piece of ground in that acre and it has been surrounded by subdivisions and the existing road alignments have made it such that they are laid out for the old R-4 zone on the 70 foot wide and the deep lots to create the 8,000 square feet. If we go to 80 foot lots we are going to have lots somewhere Meridian City Council March 15, 1994 Page 21 between 9,000 and 10,000 square feet which is sort of out of what the market is in that area. We are asking that we be allowed to go down to the old standard for this particular infill project. There is in other open land in that area this is the last piece, it is surrounded. Part of this is the sewer line going through what is the West State Street which runs underneath this property now and the way that lines up to 12 Avenue we have ended up with a corner piece so we got kind of stuck with their. We ended up with a lot with almost 14,000 square feet that there is nothing we can do with it but put a big corner parcel in there. We would like some consideration to reduce probably a majority of the lots to around 77 to 75 foot range but they are all in excess of the 8,000 square feet. Kingsford: Any questions for Mr. Loveless? Morrow: You have reviewed the City Engineers comments with respect to upsizing of the proposed water line and those types of things. Loveless: Yes, we are waiting for them to find time to run a report so we know whether we have to connect into Pine street or not. My designers are waiting on that piece of information. We understand his back log and are patiently waiting. Morrow: Kenny Bowers comments with respect to the entry off of Pine and the conflict. Loveless: We have already reduced the island to half width so we forced the driveway to be back on the northerly edge of that lot and not right at the intersection. Morrow: And you will designate on the plat map so the builder at the time knows that is where he has to design that. Loveless: We can do that, we can add a note to make sure that they take access there at that point I have no problem with that. A wise builder wouldn't build a lot where he couldn't get across the island, but then 1 have seen stranger things happen. I designed a long island at my fault so that is not the first mistake to ever cross the town. Morrow: I think that my preference would be to see a note on the plat so all the world knows. Loveless: I have no problem with that. Morrow: 1 have no other questions. n Meridian City Council March 15, 1994 Page 22 Kingsford: any other questions for Mr. Loveless? Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members Crookston: This was not noticed for a variance was it? Kingsford: Not to my knowledge Loveless: The application was made and receipted at the same time simultaneously. It was heard as a variance at the P & Z. Crookston: No, P & Z doesn't hear variances. Loveless: Well, it was part of the subdivision application. Crookston: I just wondered if it had been noticed. Loveless: Because I have a receipt here in my. Kingsford: How was it noticed for this public hearing? Crookston: The only reason I ask is because its not on the agenda as including the variance. Kingsford: On February 3rd Wayne Forrey's comment speaks to it as applying for a variance. Morrow: This is the 3rd paragraph of his letter dated February 2nd is that what you are referring to. Kingsford: The interoffice memo spoke to it as being set up for a variance on the March 15th meeting. In the hearing notice it wasn't noticed for a variance. Crookston: It has to be renoticed to have a hearing held on the variance. Kingsford: I have the application here it just wasn't noticed for it then. Do we have to have the hearing? Crookston: In order to grant the variance you do, under the ordinance I'm sorry. Loveless: Does your ordinance speak to the time limit that the City has to respond Meridian City Council March 15, 1994 Page 23 to an application sir. Crookston: I don't recall. Loveless: I know some of the other Cities I work with you have 60 days to respond otherwise it is approved, that is kind of an Idaho norm. I'm just wondering if that is in your ordinance. Crookston: Not to my knowledge. Loveless: We have complied and now we are the victim of the City's errors. Kingsford: What is our remedy. Crookston: I believe the remedy is you have to have a notice for a public hearing for it. Kingsford: Well, the notice on the public hearing certainly showed what was there. No one came to speak to it. Crookston: i don't disagree with that Mr. Mayor. I don't see how they can come to speak to it if is not noticed though. Kingsford: It was noticed for preliminary plat though and that preliminary plat was showing the size of the lots. Mr. Forrey you had a comment apparently. Forrey: Mr. Mayor and members of the Council, I don't know if this helps or not in the Comprehensive Plan in the old former Comprehensive Plan and the new updated and adopted Comprehensive Plan there is some discussion about infill development and the need to have flexibility for infill. Prioritization and there is policies indicating the City can and should look at flexible design concepts to encourage infill, and this is exactly one of those situations where they are locked in and we wouldn't a developer to bypass that parcel, go and chew up more farm ground because of a hassle to infill. I don't know if that helps, gives the City Council any extra leeway but we certainly wouldn't want to have a variance at every step of the way and at the same time indicate that we have a preference and encourage infill development. Yerrington: (Inaudible) Grandfather rights then? Forrey: Well almost I guess in the sense that you are locked into a certain development pattern in an infill project. There are things that you can't get around. • Meridian City Council March 15, 1994 Page 24 • Morrow: I don't disagree with that, I'm in favor of the project. The question is how do we get from point A to point B in my mind. The project is an infill project, if we are going to slide down 10 feet and make it up on the back side in terms of that, that is fine also. That is the type of thing you need for infill projects and stuff. So how do we get from point A to point B? Is there no other way then having a hearing on the variance, apparently there isn't. Kingsford: I think Mr. Loveless brings up a good point if there is in fact in State code something that deals with timing or even in our ordinance to act. Crookston: There is not in our ordinance and 1 don't know that it is in the State. Some other cities may have it but I don't believe that it is in the State. Loveless: I am still learning the in and outs of your ordinances here. 1 am used to one statement in the ordinance and I couldn't find it in yours. I didn't look for it because not knowing this problem. In some of the ordinances that I deal with there are statements to the fact that in order to allow the developer to develop his property in a reasonable way the City Council has the right to waive any and all requirements as long as its not detrimental to the health and welfare of the people. Ultimately you people are the judge of that unless someone is here contesting the whole project which I don't believe they are. Morrow: Let me ask you this, what does the delay do. Is there some method we can help. Kingsford: Is it possible Wayne to proceed then in this incidence since it was an error on my part to move that preliminary/final plat at one juncture and notice that for public hearing on the variance at that point? Crookston: We could. Kingsford: That then wouldn't delay it, we could go ahead with the. Crookston: I'm sorry you said have the preliminary and final at the same time? Kingsford: Right Crookston: You can't do that, it doesn't meet our combined plat ordinance. Loveless: We are too large to meet that part of the ordinance I know that. Your next meeting is when? CJ Meridian City Council March 15, 1994 Page 25 Crookston: April 5th. 17A Loveless: But I supposed we don't have time to advertise the variance for April 5th and still be legal. Crookston: I think we do. Kingsford: I think that would have to be in the paper Mr. Berg. Loveless: In the spirit of cooperation I am not here to split hairs with the City of Meridian, I will hope Mr. Hepper doesn't shoot me in the back here. If you can get the variance on next hearing we will proceed with the design as based on the fact that assuming that nobody is at the hearing tonight and nobody is at the other hearing that had a problem with it that we will go on through and we will proceed. That variance can be granted at that time if you give me approval of the preliminary plats subject approval of the variance on April 5th. Then I can proceed to deal with the other agencies at this time. Kingsford: i will just offer our apologies, clearly it is an in house error. There are 2 memos here. Loveless: But, I would offer that as an alternative at this juncture if I could have preliminary plat subject to the variance. And the variance done at the next and that way about that time I am ready to turn in my final and we will be back in with final and still meet your criteria. Kingsford: Is there a motion to that effect? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the preliminary plat for Navarro Subdivision pending approval of the variance at the April 5th meeting, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #14: PUBLIC HEARING: PRELIMINARY PLAT FOR THE LANDING SUBDIVISION NO. 7 BY SKYLINE DEVELOPMENT AND TOM EDDY: U Meridian City Council March 15, 1994 Page 26 U Kingsford: At this time I will open the public hearing and invite Mr. Eddy or his designee or Skyline's designee to speak first. Tucker Johnson, 5635 North Eagle Road, was sworn by the Attorney. Johnson: Just by way of back ground on this particular project the Landing Subdivision there is a preliminary plat that is still in the a live state in the sense that we have perpetually been working on this particular plat. It became a requirement from I believe not only the City but Ada County Highway District to provide an additional access to some arterial road for traffic congestion purposes. We looked at Waltman Lane because of some difficulties with the intersection where it intersects the main boulevard through town. We redesigned it and have proposed the Landing No. 7 to come in to Linder Road and satisfied that need to have another access in this particular project. We have met with the different agencies, ACHD and have come to agreement on some modifications to the original plat. If you have any questions I would be happy to answer them to the best of my ability. Kingsford: Any questions for Mr. Johnson? Tolsma: Do you agree with all the engineers comments? Johnson: I have read through the staff report and find nothing that is of an objectional nature from our side as we are currently working with the building department on such issues as the water flow which I have not run that computer model yet. And working with the engineering firms as to the sewer flow which will come out of Linder Road and down into the phase 2 of the Landing subdivision to provide the sewer facilities in that direction. Kingsford: Any other questions of Mr. Johnson. Thank you, anyone else from the public that would like to speak to the Landing No. 7? Gary Flores, 843 Lilac, was sworn by the Attorney. Flores: On the number 7 1 guess it is Landing I was not here at the Planing and Zoning hearing. 1 wrote a letter and gave it to Mr. Berg, I never did hear if that request was rejected or accepted, could anyone tell me whether it was or not? Kingsford: Mr. Johnson I think will speak to that, you are still sworn Tucker if you would come back up. Johnson: I was told the engineering firm that the Council had received the modified • Meridian City Council March 15, 1994 Page 27 layout of the lots which addresses this gentleman's concern directly and providing a stub street 40 foot wide right of way I believe is what it is with that through ACHD with no parking space on this particular stub street. I certainly hope that what the engineers have told me is also what you have. As you can see there is that stub street going into his, which is your nursery operation. Kingsford: That meets your concerns then Gary. Johnson: That would give him access, he has a very narrow frontage on Linder Road. Kingsford: Right, 1 recall that discussion at one point. Anything else Gary? Flores: Yes, the sewer is it going down Linder Road or is it coming in from a back slide and all services. Is it coming in from the east or coming down north and south on Linder? Kingsford: Could you address that Mr. Johnson please? Johnson: Certainly, the requirement is to provide water coming down extended south on Linder and the City's desire not to have any more lift stations the sewer will also come down Linder pending any potential elevations that have not been confirmed yet through the Power Engineering. The water is required to come down Linder and the sewer will also be a switch which will actually fit well into any development plans for him. Flores: I realize the water is already there but the sewer is not, what is your intent is to come down Franklin, down Linder all the way with the sewer? Kingsford: The sewer is coming from Franklin, how far does it go, where will the sewer be located? Johnson: I forget the name of the street but is the one closest to his property on the north, is it Pintail thank you, I don't live in that general vicinity. There is a manhole just as you turn off of Linder into Pintail one lot deep into the subdivision approximately 100 feet where the sewer services are, the manhole is located. So it would approximately be 1 believe it is about a rough estimate from the entrance of Landing 7 back to the manhole 500 feet perhaps I might be a estimating, but it is not all the way to Franklin. Flores: Sidewalks, are they going to continue from the original Landing to that or aren't they? I suppose that would be a question for the Highway District. • Meridian City Council March 15, 1994 Page 28 • Kingsford: Well, I'm sure it would be and also their engineer. Anyone else from the public that would like to offer testimony from the public on this issue? Seeing none I will close the public hearing. Council members. Morrow: I would like to have Wayne Forrey address the issue in his letter or his comments he says the preliminary plat is confusing regarding sewer service and compliance with the sewer facilities plan, can you enlighten us as to what you are referring to there. Forrey: Mr. Mayor and Councilman Morrow, one of the features that we included in the Comprehensive Plan was sewage drainage boundaries and that is based upon the City's facility plan which is a master drainage plan. The property under consideration is right here, right at the end of the pencil. The property that Mr. Flores owns is right here at the pencil the Landing No. 7 is right here. That gray line, it is a diamond line, this gray line right here is a drainage boundary. The property on the south of that line feeds into the Black Cat trunk which is not yet built. Morrow: That is the one that goes down Ten Mile Creek. Forrey: That is correct and the property on the north side Mr. Flores property would go into the existing sewer system that is in the Landing other phases and the line that he is referring to on Linder. So, I was confused when 1 looked at the plat because according to our facility plan that property is scheduled to flow into a future sewer line that is not yet built. Now, there are times when a property can sewer a few hundred feet either way of that line and there are times it can't. And I think Gary addressed that in his memorandum in November where he asked for clarification as to what the elevation of what the property was and how the sewer is going to flow. Gary, had you ever received anything from the engineers, so we are probably still as confused or needing the information as we were back in October. Morrow: So let me ask you this, the question here really is can this sewer for this particular thing this particular property work as a gravity flow into the existing line or if it doesn't work as a gravity flow then there has to be a pump station or wait for the Black Cat interceptor is that right? Forrey: That is correct as I understand it. Kingsford: Well, we have had a policy for the developer to cross from one drainage area to another required Council approval and as a general rule we have not granted that. Meridian City Council March 15, 1994 Page 29 Forrey: Did I miss anything Gary on that? I think at least that is how I interpreted the project. Smith: Right, that is correct. Mr. Mayor and Council members, Wayne hit on the point that we tried to stay within the drainage areas with these different sewer trunk lines and as Mayor Kingsford mentioned sometimes we do stray from one side to the other of these magic lines that are drawn on a piece of paper because of the ability to serve these areas and if they are in particular small areas we don't have a real problem with serving them capacity wise. The thing we want to watch is if we start taking property out of one drainage area allowing it to drain into a another drainage area and then when the sewer does become available for that particular drainage area this piece of property is gone and there is no ability for funding for either payback or LID purposes or whatever. This particular subdivision 1 had one discussion with the engineer and my comment to him was from my standpoint a lift station is not acceptable because of the fact it would be pumping into another lift station which then pumps into an exiting interceptor. When the Landing subdivision was designed a lift station was allowed and part of the reason for that lift station, the reason for that lift station was to allow service to extend to all of the Landing as preliminary plated. Now this piece was not part of that original preliminary plat, but it seems like all the way along we have been fighting gray on that sewer line as it was designed for the Landing. My only question to this particular development is how me what your elevations are, what your proposal is and 1 have not seen that. I have had one conversation with their engineer and I have not heard back from him other than my comments to him that the lift station from my standpoint was not acceptable. If the City Council tells me it is acceptable then that is what would happen but I just have a problem with pumping from one lift station to another. Morrow: May I ask you this question from a technical standpoint, if the grade is there and it is real marginal but at some point in the future when the Black Cat interceptor is in is it difficult to push it through the Black Cat interceptor is that what I am understanding there. Are there no funds available or is there a possible solution there? Smith: Yes, Councilman Morrow, there is a possibility that a line could be stubbed out as it comes out onto Linder Road there could be a stub out of the manhole for future extension to the Black Cat trunk if that is the case. If it can sewer by gravity back to the Landing that has been developed then a stub could be provided at Linder Road where this subdivision has its access for future connection to the Black Cat trunk then that would just plug off and going into the existing Landing and then going on to the west into the Black Cat. 0 • Meridian City Council March 15, 1994 Page 30 Morrow: So that is possible, but we can't make those decisions until we have the information from the engineer. Smith: That is correct. Kingsford: Any other questions from the Council? What is your pleasure? Morrow: Well I think from my perspective the issue of the sewer is very critical, it makes a determination whether this is a feasible project or not. And I am not comfortable making a decision subject to, there are several variables that can be worked through here dependant upon that engineering data from Skyline's engineer so that our engineer and staff have a better opportunity to determine what is doable and then provide us with that information so that we can make the decisions based on our alternatives. I don't see that information here. I think my personal preference would be to table, I don't like tabling things, to April 5th pending that information coming from Skyline's engineer so that we can make a decision. Kingsford: Do we have a motion? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table this until the April 5th meeting pending engineering information from Skyline Development, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SALMON RAPIDS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Mr. Mayor and Councilmen, I am before you this evening representing the preliminary plat on Salmon Rapids Subidivision, it is an R-4 zone it will have City sewer and water. It is a rural transition area and we have worked hand in hand with Meridian City Council March 15, 1994 Page 31 the neighbors on this project. The minimum frontage on the lots is 80 feet and the average square footage of the lots will be approximately 10,000 square feet. The minimum square footage of the homes will b 1500 square feet, we propose a middle end subdivision here. We have worked on addressing Gary Smith's concerns and fee that we can also handle ACHD's recommendations and provide a good quality development for the City of Meridian. I would like to open this to questions at this time. Kingsford: Any questions for Mr. Goldsmith? Yerrington: How many lots in this subdivision? Goldsmith: 78 Kingsford: And other questions? Morrow: My answer to Gary Smith's question on question #10, why isn't the total parcel being proposed for annexation and zoning, preliminary plat at this time? What does the street alignment look like in the unplatted area, can you comment on some of those points? Goldsmith: You bet, I have as he recommended prepared a preliminary plat for the rest of it so you can see the designs. I will get another pictorial at this moment, the reason that the rest is not being brought in is because 1 haven't determined what the best usage for that property is and I have take downs on the property and didn't want to proceed any further than the owner that I am purchasing from wished me to. I did send a tetter in clarifying this issue. Morrow: The potion without the measurements is the part of the property that is not being addressed at this time? Goldsmith: That is correct Morrow: And has Gary had a chance to see this? Goldsmith: That is my understanding. Kingsford: When was that submitted Marty? Goldsmith: This plat? Meridian City Council March 15, 1994 Page 32 Kingsford: No this particular photo you have up here now. Goldsmith: I can't give you a specific date I have had some many paper shuffle through my hand recently. I am sorry I am not able to be more helpful in that area. Kingsford: You may not believe it but we have had 2 or 3 ourselves. Is that the one that you have there Gary? Smith: I think so. Kingsford: How does that then mesh with your comments then Gary, on the preliminary that was submitted? Smith: Mr. Mayor and Council members I wanted to be sure that so I could see how the, particularly the sewer service was going to be handled for the entire subdivision. I don't know, I think since the original preliminary submitted and the Highway district has eliminated one of those access points I think it was the center one wasn't it Marty? Goldsmith: This one right here is (inaudible) as per their changes. Smith: As a culdesac now, so there will be 2 access points on there to Locust Grove Road then. Goldsmith: There is access here and this one here and that is once again per their changes and then we checked here on a culdesac lane and I have also for your records received a letter from the Fire district and talking about the culdesac length being accessible in this instance. Kingsford: So the plat submitted you would be talking about the number of lots with access right. What wast the number of those lots again? Goldsmith: 78 lots and the lot number has not changed. Morrow: That is between the 2 phases or that is in this phase that we are dealing with now? We have 78 lots and one access to Locust Grove? Goldsmith: Yes sir, and that is in what is being considered. Kingsford: Would you move that map again, is there an access back through and existing subdivision for another ingress, egress. Meridian City Council March 15, 1994 Page 33 Smith: Mr. Mayor my other concern was sewer service to that southerly portion of the subdivision. I believe all of its number 1 phase will be to the north to the Nine Mile Drain. Goldsmith: Gary's concerns are addressed to this 7 acre parcel right here and to where as you can see the topographical map down, it goes down fairly steep there and so we have tried to provide Gary with the proper survey measurements to run his calculations and we show that we will gravity feed all of these this way. The sewer will be coming down Locust Grove through Sportsman Point so we will (End of Tape) Smith: going to sewer that southwest corner of that southwest triangle is through the Ten Mile Drain. Goldsmith: Yes, or a pump station, wrong. Kingsford: Any other questions of the Council for Mr. Goldsmith? Thank you Marty, anyone else from the public that would like to offer testimony on this issue? Les Schild, 2554 Mesa Way, was sworn by the Attorney. Schild: As a resident of the Kachina Estate subdivision that borders the proposed Salmon Rapids subdivision. And we have just had some conversation with the developers I have 4 items here that we have all signed as a residents of Kachina Estates that we would like to see the City Council take into consideration. Initially we were wanting to have some separation between our acreage parcels and an r-4 Subidivision by the means of initially w talked about a berm, block wall or some separation to deflect headlights and Marty and I have talked prior to the meeting tonight and we can work something out together there. Other things I want to get noted into the minutes was to acknowledge the fact that we are an agricultural setting, which allows us livestock, such as horses, cows, mules, sheep, goats, pigs, ducks, geese, dogs, cats or llamas or whatever else kind of animal I want to consider we do raise these animals for 4H projects, our own pleasure as well as profit. As an agricultural subdivision we also use sprays, fertilizers and burning to maintain our properties and raising new grass, and hays for our livestock. And such machinery as tractors, swathers, and bailers are used in the harvesting of these crops at all hours of the day and evenings. We don't want an incident like occurred over in Nampa where a man was arrested at 10:00 o'clock at night for bailing his hay. This is why we wanted these things entered into the minutes. We are still in the county where we are located as you are well aware of. I will submit this to the Council. Tolsma: I think what you are talking about (inaudible) is the right to farm. I think we • Meridian City Council March 15, 1994 Page 34 0 see that on the Summerfield Estates out there off of Ustick Road. Kingsford: I think what the judge said even in downtown Caldwell was he has a right to farm in the City. So I don't think that will be an issue, I think you are right to put it in the minutes because people need to know about those activities next door to them. Schild: Well, we will at times burn ditches as well as maybe burn a whole grass field off, that helps rejuvenate it. Kingsford: Don't burn their houses Les. Schild: Well, that is one of the reasons that we are talking about this substantial division. Jeremy (inaudible) farmed that land behind you for a number of years and I have never burned one of his cornfields down yet. I would much rather burn a cornfield down than a $100,000 home. Morrow: Well, if I might comment on this particular issue, I think it is contingent upon the development community and the real estate community and more so the real estate community than anyone else is that and whether you notice it in your covenants and restrictions or whether you notice it by handout to potential buyers that everybody ought to receive a notice that these conditions exist so that a year from now we don't have a bunch of legal beagles with their clients coming before us complaining about agricultural activity and the fact that the real estate community or the developers never told them that there is a group of folks to the south of them that are actively engaged in all types of legitimate agricultural enterprises. I would think that the ownice there would be upon you as the developer that all of those things happen and I would like to see from my standpoint what avenue that you are going to use to make sure that that notice occurs to those potential buyers before they buy not after. And so I think that is how I would like to see that addressed. Kingsford: Any other comments or questions? Thank you Les, anyone else from the public that would like to offer testimony on this issue? Beveraly Donahue, 3775 North Locust Grove, was sworn by the Attorney. Donahue: The reason I am talking tonight is I live on North Locust Grove, the opposite end of South Locust Grove and the problems at our North Locust Grove I can see are heading out the way towards South Locust Grove. As of last night if everyone read the newspaper Meridian to access solutions for surging elementaries schools growth. Chief Joseph elementary school is expecting 100 more youngsters 0 Meridian City Council March 15, 1994 Page 35 0 this fall and that would make 700. The school is already over they don't know what solution they are going to come up with. Now, it goes back to the development, it goes back to, you can keep doing all these subdivisions. This guy now tonight wants 78 lots put in. Times 2 it is a 156 more children, are there any schools on that side. Where are these children going to go, we can put in as many portable as you want, we still have to educate these kids, give them a quality education. When we are putting portable up how about bathrooms, how about cafeterias, how are we going to feed all these kids. These are mainly a lot of my concerns right now because we have more problem with all this growth and schools trying to get together because right now you guys have more authority I feel than the schools do because you can say wait a minute we need to take a long look. What are we going to do with these kids that are coming in that area. We have another major concern if kids want to play in recreation, Boise might shut off their parks to us. How many baseball fields do we have in Meridian, 2. We have one under construction but in the mean time what are we going to do with all of these kids in different area moving in which is fine. I am for growth, but these kids have go to have things to do, they have to have an education, and we can't put them on the back burner. It is just like the sewer and water, we have to have that when the housing is here, we have to have education and recreation and things for these children which are future members of the City of Meridian. This is a major concern and I hope that the Council takes it into their thoughts, thank you. Kingsford: Thank you Beveraly, anyone else from the public? Goldsmith: Mr. Morrow, in direct response to you, I will incorporate the requirement for fencing and for and I will take of the farming and such in my CCR's and I will inform these people and as far as the Salmon Rapids and the subdivision across the street, Wayne Forrey and I have worked hand in hand to put together a school site, which seemed to be a stumbling block earlier and we came forward and had a proposed plan that looks good at this point. I am optimistic for the school and teaching to keep going on. Tolsma: I have a question, I noticed in there that the school district said that you had provided a 3 acre park for the school site, where about is that located in that area? Goldsmith: It is directly across the street, this is Salmon Rapids the one we are discussing it is going to take out this corner 3 acres here. I have spoken to another developer here and he has verbally confirmed that he would give up 4 acres if we can get 3 and 4 and another one I think we will have a good project here. Tolsma: Have you spoken to the landowners that are up from there? Are they going Meridian City Council March 15, 1994 Page 36 to develop their own land, is that owned by developers or farmers? Goldsmith: I have spoken to, there is a large chunk of land that would have been a good school sites. In my intents to nail down a school site to eliminate this stumbling block this was one of them that I originally looked at and it was difficult for me to buy school ground for a school with no money. This land is for sale they will not by developing it themselves. Tolsma: I was just wondering if there was a possibility that for all 4 corners that are went together and acquired the ground there for a school site or made it available for the school to purchase at some time. Goldsmith: We definitely have got 2 of the 4, the other 2 properties would form this 4 corner rectangles. It is my understanding that it will be mainly contingent on their development. 1 do see those other 2 properties coming in quickly. Kingsford: Something that we need to look at too, Wayne and Shari, is to consider a park adjacent to those schools as we have outlined in the Comprehensive Plan. Wayne Forrey, 52 East Franklin Road, was sworn by the Attorney. Forrey: Mr. Mayor, members of the Council, and Marty to update Councilman Tolsma's question we now have the 3rd of that 4 corner parcel. It has been purchased by Gary Voight, he intends to develop. We had a meeting here and indicated that the pattern had been set with 2 of the 4 parcels committing to a school site combination with neighborhood park. And that is why it is 3 acres from Goldsmith property, 4 acres from Greg Johnson, 3 or 4 from Gary Voight and either 3 or 4 from the next property to give us a total of 14 acres which would be a combination elementary school and neighborhood park. And we have a letter from the school district indicating that would be the site and they have asked the City to keep that commitment that it be there and to tag that onto the rest of the developers. We have 3 of them committed so that one is working and that might give Mrs. Donahue some confidence that we are watching that and when we get the opportunity we are following through. Kingsford: One other thing relative to Mrs. Donahue's comments, that is in the attendance zone for Mary McPherson. What is the status of it in terms of, you were speaking to Chief Joesph and. Forrey: I have it right here, it is 113% so it is definitely needed in this area. • Meridian City Council March 15, 1994 Page 37 Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members. Morrow: Has there been a substantial change in the findings of fact based on the testimony? Crookston: No Morrow: I would move that we approve the findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared for Planning and Zoning. roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - yea, Tolsma - yea MOTION CARRIED: All yea Kingsford: What is your pleasure with regard to the preliminary plat? You can direct the Counselor to prepare an annexation ordinance. Morrow: Move for him to prepare the annexation ordinance, and that would take care of the preliminary plat? Crookston: No Kingsford: No, you have to do them both. You can have him prepare the annexation ordinance, leave the preliminary plat until that is done. I believe you are at the option that you can approve the preliminary plat and direct him to prepare an ordinance as well, am I correct Counselor? Crookston: You can do that, it is only effective once it is annexed. Morrow: So the better way is to do the ordinance. I would move we draw the annexation ordinance. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare the annexation and zoning ordinance, all those in favor? Opposed? Meridian City Council March 15, 1994 Page 38 MOTION CARRIED: All yea Kingsford: I assume we are tabling until the next meeting then the preliminary plat. ITEM #16: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: Kingsford: State your name address and be sworn again this is a different public hearing. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Basically this subdivision is the same as the one across the street. We will bond for the concrete sidewalks or provide the improvements ourselves as per ACHD's recommendations. The lots are a little bit larger over here and once again this is going to be a subdivision that is middle class in my opinion. The homes will range from $130,000 to $200,000 in range. I feel we are in good keeping with the neighborhood there. Any questions at this time? Morrow: With respect to Mr. Smith's comments, how will you treat Nine Mile Drain as it passes through the subdivision? Goldsmith: I have a letter 1 will be giving Gary Smith tomorrow when I talk to him about the issue that I have an appointment with which is the ground water elevation. That letter is from Greg Martinez and he is with the Army Corps of Engineers and the Nine Mile Drain needs to be left open and if you will find in your ordinance book that your ordinance applies to irrigation canals and that such and that drainage are an exception this is a drainage. Morrow: And so is it going to be fenced or? Goldsmith: Yes it will be fenced. Morrow: What type of fencing? Goldsmith: Well, it will be chain link fencing or wrought iron fencing, I am just real close to figuring that one out. Morrow: And item #19 on his comments, the application indicates individual lot irrigation, what will be the supply the water supply for the irrigation? Meridian City Council March 15, 1994 Page 39 Goldsmith: That was a mistake on my behalf and I don't propose at this time individual lot irrigation system and would like to deposit into the Well and have spoken to Wayne Forrey about this wish. Morrow: And then what would be the method of storm drainage for this parcel? Goldsmith: In phase one we have a retention pond that is drawn right now and 1 could point to it. It is right here (inaudible). Morrow: What about the Nine Mile Creek? Goldsmith: I have an engineer his name is Glen Logan he is with Earth Science, we went out and dug some test holes and the results are very positive there. We will be submitting that to Gary, I have an appointment with him at 9 a.m. tomorrow. I will also bring in that letter from Greg Martinez. Another one of Gary's concerns was the flood plain, we are right in the middle of that. Things look good we are going to be able to meet Gary's requirements and have a good development here. We are going to meet ACHD's requirements and we have worked in 3 different meetings with ACHD and their changes are shown here as they requested. Morrow: Gary do you have any additional comments or questions concerning those things he brought up and answered to these questions? Smith: Mr. Mayor and Councilman Morrow, I think the only thing that I haven't discussed fully with the developer and his engineer is the exact location of the sanitary sewer line to serve this subdivision. On a preliminary basis we talked about extending it in to Locust Grove Road from Sportsman Pointe subdivision. Since that time I wondered about the need from bringing it up Nine Mile Creek because of service ability to property on the east side of Nine Mile Creek to the trunk. The engineer, Roylance and Associates was gathering information on serving that property and I believe they are right on the verge of having it for me to look at. I think that is the only other item that is a question at this point. 1 need to keep the sewer on as much of the drainage as we can just to allow it to serve the adjacent properties in the drainage area. Because the drain or Nine Mile Creek as it is called is a low point for that area. Yerrington: Gary, would this be a real good place for pressurized irrigation? Kingsford: I was about to ask that question, when we had our joint meeting with P & Z wasn't it the recommendation of that body that we move along with an ordinance requiring that? Where are we at at this point? I have some real concerns about Meridian City Council March 15, 1994 Page 40 wells. Morrow: That was going to be my next question to Wayne Forrey, was how does this resolve the, how do you interpret this issue with respect to the workshop and our desire not to do wells? Wayne Forrey, 52 East Franklin Road, was sworn by the Attorney. Forrey: Mr. Mayor and Councilman Morrow, is it in reference to Gary Smith's comment #19? Okay, I missed Marty's answer, I was looking at the staff report and then I heard my name. Kingsford: He is saying that he is going to contribute to the Well fund. Morrow: As opposed to doing individual lots, his desire was not to do individual lots. Forrey: At the time that Marty and I had that conversation the City was in transition we had shifted emphasis to Nampa Meridian Irrigation District. Marty came back and indicated that they were not requiring him to have pressurized irrigation. We were under the impression that they were going to require it and have some type of program, they indicated no that is not the case it is up to the City. And we have our Well Development Fee still in place and as an ordinance. Until we have direction from the City as to how to implement pressurized irrigation I told Marty he would either have to make a deposit to our Well Development Fund or participate in Nampa Meridian's program. His comment back was well they are not requiring me to participate in their program. So, I at least felt he had to at least participate in our fee minimally deposit a well fee. I understand though now that we have a direction that we are headed, requiring pressurized irrigation. My interpretation Marty is that you would have to have individual pressurized irrigation as part of the subdivision with or without Nampa Meridian Irrigation District. Kingsford: Well, I think we have to pass that ordinance but 1 think the Council needs to deal with that and advise Mr. Goldsmith the direction to head as he is preparing his final engineering. Any other questions from the Council? Goldsmith: I have no problem with that and we'll be providing those services if those are your recommendations. Kingsford: We have got to get off of domestic water irrigating subdivisions and as we approach the Clean Drinking Water Act and all that we are going to have to do with that is just going to be prohibitive for a property owner to try and sprinkle with Meridian City Council March 15, 1994 Page 41 that water let alone for us to try and come up with enough wells to do it. Goldsmith: If you put me through by this one as my last one went through I was just required to deposit on the well fund and you could maybe serve these guys with a notice that it would be fair notice to the next guy on the block that he is going to going in with a little bit more overhead. I would hate to be the first one around with $1200 a lot additional cost. Kingsford: Everyone hates to be the first one, but there has to be one. Anyone else from the public that would like to offer testimony on this issue? Lydia Aguire, 2620 South Locust Grove, was sworn by the Attorney. Aguire: I have some concerns I discussed with Marty Goldsmith and we worked some things out. Some of my concerns are along with Mr. Morrow talking about agricultural practices being practiced, I would like to just point out where my property is here, and my property is right along here which is 3 acres. There is also agricultural area all the way down which is south of there. Once again burning of ditches is a common practice, tractors, irrigating, corrugating, all kinds of agricultural animals there. So, that kind of thing a notice to the residents would be in order so that the same thing doesn't happen to me that happened to the guy in Caldwell just like he said. Another thing I would like to understand is the impact to my well, all of us are on wells some shallow some a little bit deeper. My well is 120 feet and I don't know the depths of the other wells that are in that area, but any irrigation that is going to be happening I want to understand the impact to me. I am irrigating the 3 acre pasture that I have on City Water so I would like to understand the impact of my irrigation water as well as my well water which is domestic. I would also like to understand on the sewer, I'm not quite clear, it has been changed to where the sewer is coming down. Is it coming down South Locust Grove, is it coming down Nine Mile, I am still not clear about that. So those are just some of the issues that I have for the record. Kingsford: When you said Lydia that you are on City Water to irrigate that was a mistake. Aguire: It is not City water I'm sorry its just irrigation through the irrigation district. 1 just want to know if that is going to be impacted at all. Kingsford: No, it is unlawful to separate the water from the land. With regard to the sewer I couldn't tell you I don't know whether Mr. Goldsmith's engineer has addressed that already or what. Meridian City Council March 15, 1994 Page 42 Aguire: And also the impact to my well as well as the other wells that are along that area. Kingsford: The wells wouldn't be impacted unless the City of Meridian punched a well and then a hydrologist would be obtained and we would deal with that. At least it is my understanding that at this point we will be at a much deeper aquifer and it should affect your well, but we would get that confirmation from our hydrologist. Aguire: The other only issue that I have I talked about this with Mr. Goldsmith and I think he is amenable we just need to work out details. The fencing or landscape hit the back of his subdivision, his houses along my private road how would that be faced to my property would that be fenced, would that be open, how would that be as far as landscaping and affecting the aesthetics of my. Kingsford: That is the same kind of thing that is less dealt with on his that needs to be a definite break there. Aguire: Those are my issues that I had. Kingsford: Thank you very much and we will have Mr. Roylance up here and swear him in and he is going to address the sewer question. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: As stated my name is Dave Roylance 1 am a civil engineer representing the applicant and I will see if I can answer some of these concerns. Backing up just a little bit, regarding the floodplain of the Nine Mile Drain. Our firm is also working with another engineer Paul Coons who is pretty much acknowledged as the floodplain expert in this area that is what he specializes in. We are doing that study to see what the impacts are, the floodplain on the Nine Mile Drain and if it impacts our project what can we do to solve it. The impact would probably be too small of a culvert and the private road crossings. We actually have just completed that survey, we are in the last couple to 3 days. That is what these cross sections are and we have been working with Mr. Coons to try to get that information. What it amounts to (inaudible) this direction, when they get to here and come this way is an undefined area on the map. So, that doesn't give Mr. Smith any guidance as to what to do and it doesn't give us any guidance as to what to do. So, we have to go out basically to get the survey data and create our own FEMA map more or less. Kingsford: And then they have to approve that? Meridian City Council March 15, 1994 Page 43 Roylance: I don't know that we necessarily have to go through FEMA and get the map approved we would if we were trying to make an adjustment to the FEMA map, there is a procedure to do that. Since there is no FEMA map we have to come up with data to prove where the floodplain is and if it impacts our project what we are going to do about and how we are going to solve it. And Gary has to review that information and approve it or disapprove it. We are hoping to turn this information into Gary say within a week I would guess. So that is where we are on the floodplain issue. Glen Logan is actually a soil scientist, we are also working with him on the soils and the drainage as it pertains to a high water table and we are trying to address that situation so we won't have water in the crawl spaces and determine the finished floor elevations of the buildings. So, that is a separate consultant we are working with to try to get a handle on that problem. And we think we are just about to solve that one or at least have an answer to it also. Regarding the sewer, we are proposing that the sewer does come down Locust Grove Road instead of the Nine Mile Drain. And 1 think as Gary addressed earlier I believe that may be acceptable to the City provided we don't block anybody out of the sewer or we don't overload a certain drainage basin with effluent that was designed to go somewhere else and doesn't. And based on the elevations that we have here as part of the floodplain study that information would also be given to Gary and my quick assessment of it. I haven't fully studied it, it is not complete. I believe that by putting it on Locust Grove Road the same properties can be served and I think it will be equivalent to putting it down the Nine Mile Drain, but if that isn't the way it works out then we will have to back away from that plan. Kingsford: Well that is something that will have to be approved by Gary. Roylance: Yes, and this week we hope to submit all that information relative to that. Are there other questions I could answer? Kingsford: Did you hear your question being answered with regard to the sewer Lydia. He is proposing to put it in Locust Grove but in fact it may not be there it is subject to Gary Smith's or engineers review to make sure it does service that entire area. Roylance: I guess regarding impact to the wells, you said that about as well as I could, but if we use the surface water rights and we haven't really looked into that, but that would be the way to do it. Then it would not impact withdrawals from the aquifer and it would be the best way to provide it. And of course if we did use surface water rights for irrigation that would be the least amount of impact in my opinion to the domestic wells and there is a well site proposed on the property for a future City well and for that to be used as a domestic well as you said the • Meridian City Council March 15, 1994 Page 44 • hydrogeologist would have to study that situation and determine what the impact would be to domestic wells and hopefully it would be nonexistent or minimal and you can demonstrate that prior to the well be putting in service. So, I think the things that we are doing if surface water rights and so forth are providing the least amount of impact possible to domestic wells. May I answer any other questions? Kingsford: Did you have another one for him Lydia? Aguire: I did, just ingress and egress, I (inaudible). Roylance: The question was ingress and egress to the property south of the proposed project, was that the question? Aguire: Just on that plat (inaudible). Roylance: Ingress and egress to and from Locust Grove Road. This is the access point right here to and from Locust Grove road, this lines up with the project that was just talked about right across the street. So it is in direct alignment with the project. This, from here north would be a collector street and that was request by the Ada County Highway District. So, in the future the traffic (inaudible) want to go north and then I believe when they go north a certain percentage goes east and a certain percentage goes west. There needs to be a collector somewhere and (inaudible). And that is why it was required by ACHD that this road be extended north so as these properties develop this collector could be extended north to Overland Road. Ingress and egress ends at Locust Grove at this point and we also have the request from ACHD to put a stub street in here. Are there any other questions? John Shipley, 2770 South Locust Grove, was sworn by the Attorney. Shipley: I wanted to make it clear I have lived out there for 20 years and I have seen the ground water test sites just recently in the winter time. In the summer time there is a quite different picture. I have been able to dig a fence post hole and get water at my place. i think maybe that these people are going to build these houses and will have a better shot at it if they know that ahead of time. Once that irrigation gets going there is an old furnace basement in my house, it become a swimming pool. The house is 70 some years old, part of it and the other part of it is 100 years old. The original well was put on that property somewhere around 1876. It was a hand dug well, the second well is only 40 feet deep, I have never had a problem getting water in 20 year in that 40 foot well. Even in our driest years there has been no problem, so we have ground water and plenty of it. If sewer comes down Locust Grove my place sits right on the comer where the Eight Mile Lateral canal comes across the river • Meridian City Council March 15, 1994 Page 45 there and it has been cemented on the front side and it never helped the ground water problem. Shaffers place lies just south of me, there is a corner of his filed there that he has never been able to farm correctly because he gets his tractor stuck out there every time he tries to do anything. The mosquito people come in there and spray that repeatedly because its a pond. We are living on a very high water plain at that point and the testing that I am seeing done in the winter time is a concern of mine that it might not be valid in the summer time. I think that is the only thing that I have to say that might save somebody a whole lot of money when they get going and they don't know what they are doing. The idea of the pressurized irrigation system I would be all for it because it might cost a lot of money but it saves a lot of problems down the road for people that come out of the City and don't know what is going about agricultural or anything. You want to kind of consider those situations. Thank you Kingsford: Thank you very much and we appreciate your comments on the water table particularly. Engineer and developer you are on notice, we don't want any wet crawl spaces. Anyone else from the public that would like to offer testimony? Frank Stoppello, 782 Arlington, Eagle, was sworn by the Attorney. Stoppello: I own the 13 acres to the south of this development. My concern up until I saw this latest plat was that I did not have access right here. And it appears this street now called Bayubar street does give me access Mr. Goldsmith has informed that will be stubbed in there with the utilities so therefore I would approve the project. Thank you. Steve Barker, 2640 South Locust Grove, was sworn by the Attorney. Barker: I hate to be repetitious but I also live right adjacent to this project just east of Lydia's house and I do adjoin it. I do live on an acre and a half and I want to get it on public record that I do have animals on my property and I do irrigate my property and to reaffirm what red said. If I irrigate my property improperly I do flood my split level house so it is high water there and it is a very touchy situation. The only other concern I have is and I don't think it is a concern now, there is a private road that runs right here by my house and up to Lydia's house. There is a private road that runs adjacent to the property that runs beside by house and up to Lydia's house. My concern was that that road might somehow be incorporated into the design of this and since it is not I find that very satisfying and very gratifying I guess. But I would just like to make it known that if for some reason this plan was changed and that road was tried to be used in the plan I would like to notified of it so I could somehow deal with it. Thank you 0 Meridian City Council March 15, 1994 Page 46 0 Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, Mr. Crookston have there been appreciative changes in the findings? Crookston: There has been a little different testimony but it hasn't changed the outcome. Just varying remarks but basically they are mostly the same. Kingsford: The high water table was discussed in those findings, I am particularly sensitive to that since we had a couple of those issues. Crookston: I don't think that is specifically addressed in the findings. The farming is addressed, the cattle. Kingsford: It would be recommendation to Council that a finding be included in there with regard to the high water table, amend those to that extent. Morrow: I have a question, maybe question and comments and maybe some of these things can be handled by a development agreement. But, I think we need to notice in the development agreement the things such as the berming, separation between this project or these projects and existing agricultural projects that are not likely to change uses in the foreseeable future. And also something in there that does put the development community and the realtors that they need to notice buyers of the rights of the agricultural folks. The floodplain issue I will leave to Gary, the sewer issue I will leave to Gary, the pressurized irrigation I think it it my feeling that as the builder that ultimately has to pay for all these things that even though it is expensive I think that is something that we need and it is something that we should have been doing as a City for the last 5 or 6 years. I think the other things can easily be handled by a development agreement or at least notice of that and the feeling of the rest of the Council in terms of the pressurized irrigation whether that should be part of the findings or not as well as the water table. Kingsford: Statements from the rest of the Council, specifically first the pressurized irrigation. Where are you at with the ordinance, I guess that makes it easier Wayne? Crookston: I have not had an opportunity to address it since our meeting, preparing various findings and ordinances and things. Kingsford: It would be my recommendation that we move post haste on that and that we recommend that these developments use surface water for irrigation, pressurize it. But we need to have that ordinance to justify it. I would recommend that it be at the next meeting perhaps or at least for public hearing at the next meeting. • Meridian City Council March 15, 1994 Page 47 • Crookston: Right now that is in our zoning ordinance which requires a significant greater time period to adopt. Kingsford: Well, we need to be moving on it. Morrow: So, my question is where does this leave us on this project? Kingsford: Well, I think we can have that adopted and we are being asked for annexation here, I think that is a condition of annexation. Crookston: You can do that, since it is an annexation. Morrow: So would a motion be appropriate on that in terms of the findings or annexation. (End of Tape) Tolsma: Also we need to make a motion then that we include the matter of the high water table content that the test be made in the spring when the water is (inaudible). Morrow: Well, normally with Central District Health those things are validated in September, October and August when the high water table is at its peak. Tolsma: There are comments in here of the City Engineer and the findings about wanting a level of the high water table. Kingsford: Well, I think the first thing you need to deal with is the findings, do you want to amend the finding to include the water table. Morrow: So moved Yerrington: Well, should we put in the pressurized irrigation in there? Kingsford: I think we do that in the annexation. Tolsma: Second Kingsford: Moved by Walt, second by Walt to approve the findings of fact and conclusions of law subject to an amendment including a note to the high water issue on this development, roll call vote. ROLL CALL VOTE: Morrow - yea, Yerrington - yea, Tolsma - yea • Meridian City Council March 15, 1994 Page 48 MOTION CARRIED: All yea • Kingsford: You need to direct the City Attorney to prepare an annexation ordinance stipulating those area you have spoken to with regard to a development agreement. Yerrington: So moved Tolsma: Second Kingsford: Do you have all of those counselor or can you get to them? Moved by Max second by Ron to direct the City Attorney to prepare annexation ordinance and encompassing the development agreement in that, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #17 & 18: BEER AND WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT AND THE FARMERS CLUB: Kingsford: In visiting with the Chief he has not had opportunity to look at those. I would entertain a motion from the Council to approve of those subject to his approval, I will not sign prior to his approval. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Beer and Wine License for Kowloons Restaurant and the Farmers Club pending the approval of the Chief of Police 1 will not sign them until those have been attained, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #19: MICHAEL CLARKE: WATER/ SEWER LINE REQUEST: Clarke: (Inaudible) What we are asking the Council for on this is the engineer has indicated they want us to carry a water line from Locust Grove clear down to the end of our property. What we are asking the Council is where we have that red line on what indicates Overland road is to have the water line end there. As the other area further east of that is all open area land and there wouldn't be any development at that point. We also feel that coming from any development that is done the other • Meridian City Council March 15, 1994 Page 49 • way, sewer is going to have to come from the other direction and there doesn't look to be any proposal to be bringing that. Because it has to come from Five Mile Road all the way down to Overland at that point so it doesn't seem very practical at this point that there would be any development in those areas. So, we feel at this point it is quite a hardship for us to have to carry that line all the way down to the end of the property. There have been several ways in getting this up and running for different reasons, approvals and so on. And so we have probably lost a months income on this project already because this is mainly a summertime business. This is an extra expense that we feel we are totally aware of in the beginning. There is not anyway for us recoup the cost because we are not going to be able to change per lot for bringing this out there. There is no subdivision of any kind there. And a bucket of balls is a bucket of balls you can't recoup the cost of that. So, it is going to be quite a hardship for us financially to carry that line that distance. Kingsford: If I could Mr. Clarke, ask the City Engineer to speak to the land that this would be carried by if it in fact that this line won't service anything that is one thing, if it will our policy has been and reaffirmed continuously that it is an obligation to move it to and through. Smith: Mr. Mayor and Council members, the water line would be a facility that would continue to the east as development occurs to the east of this development. 1 guess the major question here that Dr. Clarke has proposed is that and I don't know how far he is proposing to extend it. Typically as you mentioned Mr. Mayor the water lines have been extended to the extremities of the development. In the past these developments have been subdivisions. In this particular case the development of this property is kind of limited, I don't know if I can say income or not because none of it is subdivision. Approximately a third of the frontage is a driving range and the majority of the water used, because the driving range is all sprinkled as I understand it from an existing well. Clarke: That would be from surface irrigation. The water use in the development itself would stop I think the starter building on the extreme near that circular 36 hole miniature golf course that would be the farthest use of water use to the east. What we had shown on our development plan that was submitted which did not include the f\driving range was extension of the water to a point just east of the starter building. He has about 625 feet to extend to the end of Sportsman Pointe subdivision which is west of Locust Grove Road and then it is about 890 feet from Locust Grove road side of the starter building. The driving range is another 435 feet in width. I don't know, there was a question that came up today concerning the fire flow from our Fire Marshall and I am not privileged to what his comments were. But, I understood he 0 • Meridian City Council March 15, 1994 Page 50 had mentioned some fire flow demand are required in the development area. Clarke: Is that, we have those 2 fire hydrants one on both corners of that, is that what they are addressing there. 1 don't quite understand that. Smith: I have not read this until just this moment but he is talking about 3500 gallons per minute and. Clarke: Because he is asking 2 more fire hydrants and that is already planned. Smith: But the question is whether you can get that out of those 2 fire hydrants, if they both come off the same line. Clarke: They both won't be coming off the same line. You have one coming off of Locust Grove and one coming off the Overland Road line so that should address that. And I don't know if he is aware that we have expanded that line from a 10 inch to a 12 inch line. Which will carry considerable more water. Smith: I don't know whether he is or not, but the question here concerning the water is I guess from our standpoint we were looking of the extension of it to the east side of the starter building not necessarily across the driving range. Because the driving range didn't come in with the development plans for the rest of it primarily. It gets back to our same question on the policy on how far to extend these things. And as doctor Clarke mentioned this is a little bit different handle to look at based on seeing it in terms of a residential subdivision. Kingsford: Which side of Overland is just the water where we have required the water to be, is that on the south? Smith: Its on the north side and they pick it up at Sportsman Pointe and extend it on to the north. To this point we have been able to locate it off the oil so there isn't disturbance to the asphalt required. But it depends on what utilities might be in there right now. We did have to jog to the south side of Overland Road in extending it to Sportsman Pointe. And that was because there was a major telephone line on the north side that we couldn't get pass. I don't know what exists out there. In terms of the sewer I did meet with Dr. Clarke and it doesn't appear because the Hunter Lateral crosses through there on that angle shown between the RV parking and the miniature golfing area that will be necessary to extend the sewer east of Locust Grove Road. The property to the south side of this development, south of Overland Road will drain to the west and slightly south into Locust Grove. So nothing will drain to Locust, everything to the east side of Hunter Lateral crossing will drain to the east to • Meridian City Council March 15, 1994 Page 51 Five Mile Drain interceptor. So, we didn't pursue an extension of an sewer on Overland Road. There will be a sewer extended north on Locust Grove road that will serve property that Greg Johnson has under ownership to the north side of this development and that will provide sewer service to him. So, I guess the issue is really what the Council feels will be appropriate for this kind of development as pertains to our policy of extending a major water main adjacent to a development. I couldn't give Dr. Clarke an answer on that even though I was before you at the last Council meeting requesting clarification which was on a subdivision. And I felt quite strongly that was the case on a subdivision, I just wasn't sure on this particular application if this was the case or not. And again I think the water line does need to go down as far as its going to be used. Kingsford: To basically the snack shack. Clarke: Well, the starter building, snack bar would be servicing internally. Kingsford: i think what Gary is saying is it would need to go to there. Smith: That is where service had been shown to extend to the starter building was directly from Overland Road. At least on their development plan though it did show the service coming from a point back at the entrance into the RV park. And they had a long service line extending down to the starter buildings. Kingsford: Well, it be my recommendation that we waive the sewer requirement to be extended and have the water line go to the point on Overland Road to the water shack. Morrow: What does our Comp Plan call for the usage of the ground to the east of this. In other words I think the reason we are extending services through is for the benefit of users coming on down the line. And the counter argument to the other folk would be well our policy has been whether its industrial , residential whatever the usage is that you extend from property and pick it up and go on from there. And so the next parcel down the boundary here no matter what his usage is he is here before us asking for relief at some point in time of putting that section of water line because our policies and ordinances call for property line. So what is our Comp plan calling for the usage of that ground to the east. Is it residential, mixed use, it is industrial, commercial. Forrey: Mr. Mayor, Councilman Morrow, the Comprehensive Plan indicates mixed use development. And in that corridor it specifically in the Comprehensive Plan addressed business uses tax generating land uses. in a sense the St. Lukes Hospital proposal • Meridian City Council March 15, 1994 Page 52 has been submitted last Friday to the City for Conditional Use Permit with an annexation path which involves the Five Mile Trunk sewer which serves the property immediately east of Dr. Clakes property. The City has been getting some serious inquiries on business uses immediately to your east and on out to Eagle Road. And they are counting on that water from your development and sewer from the Five Mile Trunk sewer. There are some very realistic business uses that will be occurring out there which will need this water and other facilities. Clarke: Now, correct me if I'm wrong but isn't the St. Lukes Hospital on the northeast corner of the freeway? Forrey: It is but the sewer line that serves that property also serves the property directly east of you its got a large drainage area. Clarke: I understand that for the sewer, I am not worried about the sewer, because people are still going to have to bring the sewer back down that way. Forrey: But the water system would come from different directions one of which would be to the east of your property toward the Eagle Interchange. Clarke: What my contention is that I'm having to take water line down through past approximately 13 acres of property that is never going to be using that. At this point what I am saying is that is quite a hardship to us. If we take it past, to get it past Hunters Lateral we have to go under and Cook Lateral comes across there and there are a couple of other things that are under the road right there that we have to take into account for that. So, that is why I feel like talking it across up to or past Hunters Lateral is going to be quite an undertaking. And we are just asking for some relief of it at this present time. I mean there are other options that can be made, we can postpone it and when somebody want to move down there and whether it has to be done I will be more than happy to pay my share of that. But as it is I am pretty (inaudible) i am already bringing it almost a quarter of mile. Forrey: (Inaudible) Dr. Clarke's property was allowed for mixed uses so at some point in the future you may decide to put something in the corner of your property and it would need water so the City offers that flexibility. Crookston: At our last discussion about this I did not check our ordinances, but I believe this is an ordinance requirement that it goes to the end of the property that is going through. So, what he is asking for is a variance. I would have to look at our ordinances again, but I think that is correct. • Meridian City Council March 15, 1994 Page 53 Clarke: Or at least a partial postponement. I mean if someone is going to use the water down there 1 am not stopping to put it there. But at this point in time it is a tremendous hardship to have to put all that way. Morrow: Does this not qualify for the latecomers? Kingsford: Certainly we could make a latecomers agreement but that still is front end cost for Dr. Clarke. Morrow: Its still there that is true but at least he has the option of recouping some of his cost. And I think Wayne's point is very valid and as it applies to you Dr. Clarke is the situation may very well be in 2 or 3 years you wish to sell the property or a portion of it and the driving range gets developed into something else entirely. Somebody else has to theoretically bring the water that was already supposed to be there. Clarke: Well, I not saying not to bring it down there, it is already going to be a third of the way down. At this point we can take it a third of the way and it not hurt us too much. What we are asking is to put a hold on going any further than that at this time. And when the time comes if a company comes then we will go ahead and help to put the water the rest of the way down. Because what 1 am looking at is to front this huge cost that I might no recoup anything for 5 to 6 or even 7 years down the road. For something that can't even be using it at this point . It is just not even necessary. And I understand the point of taking the water to the end point of the property ad 1 understand that. But I'm saying, I am willing to do that in the future, but at this time I just feel like we are at the edge of our bankroll. Kingsford: From a legal standpoint Wayne how do you deal with that? Crookston: It would still have to be a variance at least a partial variance. Tolsma: Its the same thing (inaudible) Clarke: That is exactly what we are asking for a partial variance for this. Kingsford: Of course that requires a public hearing and all those things that go with that. Morrow: I have some question, Mr. Voss's letter is a little bit difficult to understand. One of the interpretations that he maybe saying is that at the building that is by the miniature golf course is that we are going to have to have a fire flow at that point of • Meridian City Council March 15, 1994 Page 54 3500 gallons per minute. And his third paragraph would seem to indicate that the RV park has to have 2 fire hydrants that flow 1000 gallons per minute and the buildings that are contingent to that has to have one that flows 1500 gallons per minute. And interpretation of and I don't know exactly what he is trying to get at but an interpretation of this could be a total of 4 fire hydrants not 2. Clarke: Well the engineers had already checked into that and they got the hydrants in there at the recommended sizes that they have asked for. Morrow: He is dating this as of today, this showed up in our boxes today. Clarke: He may not have talked to the engineers but they have already got the hydrants, there are 1500 gallon hydrants that are there. They are being serviced by 6 inch water lines. Morrow: I am not capable of commenting on that, what I am trying to find out is what . Clarke: I think he is making a comment and he wants to make sure that is taken care of and I believe that has been. I don't believe that is really a problem. We have already addressed the needs for in the fire code for those hydrants. Morrow: But, he is the guy who makes the decision in our system is that not correct in terms of whether they comply or not comply. Kingsford: With regard to the fire system yes. Well, you are being asked to vary from the code, ordinance and also policy, with regard to the extension of the water line, what is your pleasure? I would suspect that Dr. Clarke would like to have some assurance that if he applied for a variance that might be viewed in his favor at least considered at this juncture. Certainly you have to have the public hearing, but if the council would be opposed to it in front why he ought to know. Morrow: I have mixed emotions about this. I think we need to stick with policy going from property line to property line because policy is there for the benefit of adjoining property owners when they develop their property. And I think we need to stick with that and we have reaffirmed that as late as our last meeting with Mr. Smith and the another parcel of of Meridian Kuna Highway. I am not opposed to having that thing put in there in phases and accomplishing that in a phased instant. However, somebody comes immediately next door and wants their water than it will be contingent upon him to provide that water immediately. Clarke: And that would be the requirement, that would have to be the requirement • Meridian City Council March 15, 1994 Page 55 in the variance. Morrow: So I think those would be my thoughts. 0 Kingsford: Perhaps then Counselor the Council could grant a phased development of water line without doing a variance, am I wrong? Crookston: I haven't looked at the ordinance Grant, I would have to look at it see whether you could or couldn't. Kingsford: I look at that thing and I have supported that all along but there are so many variations that you get into. The people on the south side, you are talking about a section line street and maybe the ordinance ought to say he carries it halfway through the property and the other people on the side have to pick it up. You are getting into a situation of basically free loading on the south side of the street in essence here. Unless they do and not everyone is fit to go into a latecomers agreement. The other thing that we talked about years ago and maybe Ron was the only one around at the time and that was the proposal of Boise Water Corporation as well as City of Boise with regard to sewer. And that is paying for in advance an equivalency. They are using a certain amount paying for that through their property we could bankroll that at the time those people come in at the time they have their portion of the line paid for. There are a lot of things to I guess consider that we haven't necessarily looked at all of the ramifications of. But certainly we are right today where we sit here and have an ordinance that says to and through. Tolsma: On this Hunter Lateral, If we put the water line through does that have to be under (inaudible) if you have to put the water line through that. Smith: Typically on a canal crossing a ditch of any size we are putting a water line through a sleeve through a casing. So that it can be removed without disturbing the ditch if it had to be removed at some point in the future. Tolsma: (Inaudible) Smith: On this size of ditch I think you could. The other thing that I might mention for the Council's information from the point where the Hunter Lateral crosses Overland road to the east and to the south there are a 100 acres that have been owned by the De Weerd family it is my understanding that the property has been purchased for development purposes. And so the people that are either purchasing that are interested in the Five Mile Creek interceptor sewer and they have met with us and St. Lukes people concerning that sewer line. Obviously there is going to be Meridian City Council March 15, 1994 Page 56 a need for this water line and their development would continue on across the drainage rand frontage and whatever portion if you feel a variance is appropriate for the remaining piece of Dr. Clarke's property that he does not construct up to the Hunter Lateral which would be their northwest property corner. Now I can't say that the development of that property is imminent but they have been very active at some recent discussions concerning that property. And obviously they are going to have to go through the annexation and zoning process first but at least they are involved in it now as far as a developer is involved. Clarke: Gary, their property corner goes right to Locust Grove and Overland doesn't it? Smith: No, their northwest corner is the Hunter Lateral crossing at Overland road. Their west boundary follows the Hunter Lateral. So it is kind of a diagonal line. But, anyway I guess I see that 12 inch line extending in the near future. Kingsford: So given that for them to pick it up and reasonably do their portion of frontage though t ought to be to or through Hunter Lateral which? Smith: I think through Hunter Lateral. It depends on where their property line is in relation to Hunter Lateral but I guess. Kingsford: If it is a diagonal it would have to be on the east side to get their property because it is going at that angle. Tolsma: If we went then to the entrance of the golf course (inaudible) Smith: Well, that would be past their northwest corner. Tolsma: But, that would be under the Hunter Lateral. Smith: Yes Kingsford: You are talking about one ownership here Dr. Clarke so there will be just one meter into that for the City to read basically. Smith: I think we proposed several meters. Clarke: 2 Smith: 1 think there were 4 1 inch meters Meridian City Council March 15, 1994 Page 57 Clarke: That is right excuse me, Gary is right there were 4. Because we were thinking about remember we were talking about a 6 inch and we went to 4 1 inch. Smith: And all their sewer service will be out to the west to Locust Grove Road and then it will flow out to Overland road and then west on Overland road to Nine Mile Drain. So he has some off site sewer (inaudible). Kingsford: Well, 1 think my initial comment and recommendation a few minutes ago is part of the compassion because he is extending it past some other peoples property already with regard to the water. If it is your desire to phase that let's hear that motion and move along. If its not then lets carry out the ordinance. Morrow: Well we still have to deal with the variance no matter what we do. Kingsford: I'm not sure you do if you set up a phase structure. Clarke: Mr. Mayor that is what I want, I am not proposing that we never take the water past but I would propose that we do it in a phase if that is okay with the Council. Kingsford: Well I think certainly the Council would have to have that sort of a development agreement. That is the thing you would need to deal with. Am I right counselor a phased structure wouldn't be a variance. Crookston: I am not sure Grant but I don't think it would, but you are right we would need a development agreement on it so that is of record and runs with the land. Forrey: Mr. Clarke and Mayor and Council may 1 ask a question here. Weren't you part of the Moon annexation request? We do have a requirement for a development agreement on the Mary Moon Annexation. That is one that, that prototype we are going to take and personalize so we have an opportunity right there. In a sense we could weave any requirements pertaining to this issue into that development agreement. Kingsford: Well, Council members is it your desire to give some phase latitude or is it your conclusion it be required to go through. Morrow: I think my perspective here would be that we do the thing in phases and that we structure it so that it is phased. Two things happen when we do that if there is any immediate development in terms of adjacent properties than that certainly is the cost of phases 2 and 3 or however many phases there might be. And the Cl Meridian City Council March 15, 1994 Page 58 second thing is that also serves the property owners directly east of this property with notice that water is there should they wish to press ahead and that we really haven't compromised our ordinance or intent of to and through. We have simply made it easier to accomplish. Kingsford: I think though that I would recommend that it go at least Hunter Lateral, then you are picking up the corner across so they may have an obligation to extend that in which case Dr. Clarke wouldn't be required to do that in a phase if that were to take place first. Is there a motion to that effect? Morrow: I would move that the water line be installed immediately through Hunter Lateral and that the remaining distance to his eastern property line be phased in 2 phases to be installed at a point determined in the future by development agreement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to allow phased installation of the water line on Overland road to extend the first phase through Hunter Lateral and the remaining to be 2 phases as determined by development agreement, all those in favor? Opposed? MOTION CARRIED: All yea Clarke: Wayne who writes that agreement? Forrey: The City Attorney is preparing the prototype we have several projects that are subject to development agreement as soon as we get that we will personalize it and get you a copy and start to negotiate that. It is signed by yourself and the City. Kingsford: Shari would you work with Crookston on that and make sure that isn't next year when that comes out. Morrow: Mr Mayor I think also that he needs some clarification with respect to Mr. Voss's comments the fire system so that. Kingsford: From the developers standpoint he knows exactly the oranges and apples he is dealing with. Morrow: Up front, but I would hate to see him go for a building permit and get blind sided with sprinkler systems and things like that. 0 • Meridian City Council March 15, 1994 Page 59 Kingsford: I would recommend Dr. Clarke that your engineer talk with Mr. Voss and have a clarification of exactly what that is. Clarke: I will do that, I will have to anyway. But I'm pretty sure that issue has already been taken care of. ITEM #20: JIM LANG: APPEAL FENCE VARIANCE COMMITTEE DECISION: Kingsford: Mr. Lang Lang: I am Jim Lang, I believe the variance appeal is before you at least I was told you would have the information is that correct? Essentially I requested the variance of the 20 foot setback because I have a corner lot in the Clarinda Fair subdivision located at W. 11 th St. and Pine actually just off of Pine. Part of my request for the variance the committee waived the 20 foot to a 10 foot variance. And I had requested to 5 feet from the property line. I guess in a formal request my intent being a sidewalk. But based on 2 neighbors, my neighborhood has already established fences with a 5 foot setback from the sidewalk. One who had the variance approved 2 years ago in 1992. And based on seeing their erected fence before I purchased my lot 1 had in mind that was kind of a standard acceptable practice. So, I was kind of interested to find out when I came to the public meeting that was not the common practice and it was basically the fence committee had 2 concerns over my request. One was that evidently their current standard is not to allow a setback to be reduced less than 10 feet from the property line on a corner lot and secondly they were concerned about adequate visibility for providing adequate safety for children who might be coming along the sidewalk should a house being constructed behind me which now there is none might locate their garage adjacent or nearest to my property line therefore cause a problem with visibility for backing up cars. Two things one in regard to the 10 foot minimum setback no less than that, I mentioned on my application that there were 2 homes one in particular with an approved variance in my neighborhood on corner lots. On the other item about the adequate visibility, there is a, if you notice the map there is an electrical box located in that corner that affects the fence line in order to, I have to notch out around that in order to give it 2 foot clearance around the box as per my understanding of clearance needed. Which in effect brings that fence to a 10 setback from the sidewalk along that 7 foot length and then it notches out which in my estimation gives increased visibility for someone should that locate a driveway close to my backyard property line. Those are at least the issues as I understand them and I wonder if you have any questions? Kingsford: Questions for Mr. Lang? Meridian City Council March 15, 1994 Page 60 Tolsma: What do the covenants of your subdivision say? Lang: I am not fully aware of what they say. Kingsford: Any questions from Council? Morrow: Gary, can you review with me the, he has raised the point of the notch out for the power box and how that relates to your calculations i terms of site. Apparently a site triangle for a neighboring residence in that home. So, if it goes from 10 feet to 5 feet at the 5 foot setback from the back of sidewalk does that impact the site triangle on the corner as per the highway. Smith: I will answer the second part of that Councilman, it does not impact the site triangle for the road way itself, the intersection. The Fence Committee, let me back up first of all. The 10 foot dimension that the Fence Committee has been recommending for the past time I can't tell you how long it has been but for some time is measured from the back of the sidewalk and not from the property line. The property line actually sits 2 feet off of the back of the sidewalk so this 10 foot dimension is actually only 8 feet off of the property line as compared to the ordinance requirement of 20 feet off of the property line. So, there is a 12 foot variance that we are extending to qualified applicants. The reason that we have held tight with the 10 foot in the recent past and Mr. Lang there is one lot in this subdivision that did receive a 5 foot variance early on. But the reason we are holding tight with 10 feet is to guarantee to a person backing out of a driveway should it be located adjacent to this fence that he or she can se down the sidewalk without bringing the vehicle into the sidewalk area. And our primary concern is children on bicycles slipping through the subdivision and they can be very eradicate and so we are wanting to look out for that. We have disallowed variance requests for a similar situation if there is a, we have had some on an angle not at 90 degrees such as this one but on an angle, one street on an angle with the other. Where a person backing out of a driveway just can't see even at 10 feet. So we have required them to stay with the 20 foot setback. As far as an actual site triangle I don't know whether an angle drawn across the point where his fence intersects his east property line across the power box. Obviously that is going to give you some site triangle. We just feel as a committee that the 10 feet provides that site not a triangle distance for sidewalk travel. I don't think that we feel, I am speaking I guess for myself and Councilman Yerrington is on that Committee and Chief Gordon who is here I believe that we feel uncomfortable with the site triangle off of the driveway with kids on bicycles on sidewalks. Morrow: You are saying that bicycles on sidewalks is not valid because it is a very short triangle. Meridian City Council March 15, 1994 Page 61 Smith: It is the committee's opinion that is correct. If you go to the State code for example on the site triangle at an intersection I believe they say 30 foot each side from the point of intersection to the tangents on the property line is all the State code requires for site triangle. Well, I guess that is scary, for travelling vehicles we don't subscribe to that. But as far as the Fence Committee is concerned I think we feel a certain compassion for corner lots because typically they are short backyards there are no 2 ways about it. The development community does not increase increase corner lots to the size where you take 20 feet off of 2 sides and you haven't got a backyard left. (End of Tape). With the request for variances on these sidewalk fences, but I guess we are only sympathetic to the point of allowing a 10 foot setback off of the back of the sidewalk which is really like I mentioned earlier 8 feet off of the property line. Can I answer any other questions? Morrow: That answers all mine. Lang: One possible amendment that I had suggested to the Committee without the recommendation was the possibility of maybe creating more a triangle effect by extending more of a straight line at an angle from 10 feet off the sidewalk and deep into my property and then 10 feet from the back property line on the five foot line and then cutting an angle straight as opposed to the notch out which would provide a more straight line visibility. Which based on a calculation of the driveway probably closest to the property line maybe 9 feet accounting for a garage etc. and 10 feet from the sidewalk would be probably close to 30 foot visibility to the sidewalk from the drivers point. Kingsford: Did you propose that to the fence committee? Lang: Something to that degree, somewhat of an angle that would be more a straight. It would just barely miss the electrical box and be at an aggravated angle. Something like this, 1 am just trying to retain as much back yard as I can. Kingsford: I understand that and as Mr. Smith indicated our compassion is certainly towards that. I guess indifference to that because I feel for you, i would caution the Council that you are talking about a precedent that as you brought up there is one out there that I don't know how long ago took place. Lang: It was 1992 Kingsford: You offer another one and then the next person says well you allowed this one you are talking about a precedent that will be very difficult not impossible to change. Any other questions or comments? Are you prepared to make. Meridian City Council March 15, 1994 Page 62 Smith: Mr. Mayor, i might make another comment concerning the other fence that is in the subdivision. That was put in by a permit, it was not put in under a variance request and so it is in violation of our ordinance. He will be so notified by a fence company in Meridian. Lang: That is one of the 2. The other one was granted a variance. Kingsford: And that variance request was for 5 feet. Smith: That one was yes. Kingsford: Could you explain the circumstances that are maybe different between that one and this one? Smith: We have since the time that one was approved have changed our attitude toward this side distance. We became more concerned about what we were doing. When we started out there was a fence variance that was granted in Crestwood Estates subdivision I can't remember which phase and they actually set their fence on he property line 2 feet off the back of the sidewalk. At that point we realized we created a problem in 2 ways one we had an area that was not landscapable it was unmaintainable basically. The second thing was we created a situation that could be a security problem for people travelling the sidewalk at night. You can't visualize how tall a 6 foot fence is, it is my height and you are within 2 feet of it on a sidewalk at night in the dark and you come to the end of that fence and you don't know what is there. So, we moved away 5 feet off the sidewalk to give people a chance to landscape the area also to enhance the security aspect. To provide better security for people walking. Then the issue became then the site distance for people backing out of driveways became an issue. So we kind of progressed to the point where we are. And at times I guess we feel like maybe we should stay with 20 feet and then we wouldn't have to worry about all these plans. Kingsford: What is Council's pleasure, I understand Max has asked to step down because he is on the fence committee, is that true Mr. Yerrington? Yerrington: I am going to abstain and not vote. Morrow: Well, wait a minute if he does that do we have a quorum? Kingsford: According to counselor if you have a quorum present they don't all have to vote, is that correct? Meridian City Council March 15, 1994 Page 63 Crookston: That is correct. Kingsford: What is the Council's pleasure? Tolsma: We have a fence committee for a purpose. I say we uphold the fence committee. Kingsford: Is that a motion? Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to deny the request and uphold the Fence Committee's recommendation, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #21: U.S. BANK: REQUEST FOR TEMPORARY OFFICE: Bourguignon: My name is Christian Bourguignon, 1 am here tonight representing U.S. Bank and its request for a temporary building located at 40 E. Fairview. Which is between Cherry Plaza and the Seat Cover Shop. This is a temporary trailer which will act as a branch for a new bank facility that we want to locate. The reason we are doing this is to move into the community and honor our commitment. We have been looking at doing this for the last year. We have been waiting for Albertson's to make their final decision on what they are going to do with their development on the lot behind in Cherry Plaza. They haven't come to a conclusion we have decided not to wait any longer and to move into the community. To do that we would like to put up a temporary trailer. As you can see on the drawing the way we have designed it is to locate it at the front of the lot. Put down some temporary asphalt paving, it won't interfere with the construction of the main facility deeper on the lot. We would like to leave it there while we are building our permanent facility. There shouldn't be More than a 6 month period of time. At which point we would remove the trailer, tear up the asphalt, tie it into the permanent asphalt and grading for the permanent facility. The whole thing should be said and done and without much more time then 6 months. Kingsford: Questions for Christian? Morrow: Do you have some temporary landscaping in terms of making sure it has at Meridian City Council March 15, 1994 Page 64 least the appearance of something more than just a pull in and pull our trailer? Bourguignon: At this point we don't have anything provided for temporary landscaping, we are at a very small we are real tight with our space for parking. We will try to put asphalt down for the whole area that we have room for without interfering with the construction of the permanent branch. Morrow: How about skirting? Bourguignon: We are going to have skirting around the trailer so it will look like a permanent structure into the ground. I can certainly entertain putting some landscaping in but there really isn't a whole lot of room. If you look where the location of the trailer is the blue are is the trailer. Morrow: If it is only a 6 month thing I don't think that landscaping is all that critical. I just think that the skirting to make it look like something other than a mobile home with sewer pipes and that sort of thing running underneath it. Yerrington: How close is your trailer to the sidewalk? Bourguignon: About 2 to 3 feet. Kingsford: They may have to do that Max so as to get their parking spaces to angle out. When we visited I advised them that the Council has granted a temporary 6 month on temporary trailers. (Inaudible). Morrow: I would move that we grant the permit for temporary office for a 6 moth period. Yerrington: Second Kingsford: Moved by Walt, second by Max to grant the temporary trailer at U.S. Bank, any discussion? I think 1 would just like to interject it would be my recommendation that we have the hook ups paid based on the size of the building at the time they bring in their mobile home. Morrow: I will amend my motion to incorporate that if Mr. Yerrington will second the amendment? Yerrington: I will 0 Meridian City Council March 15, 1994 Page 65 0 Kingsford: Moved and seconded to approve the temporary quarters for U.S. Bank conditioned that they pay the sewer and water hook ups (Inaudible) to the permanent structure, all those in favor? Opposed? MOTION CARRIED: All yea ITEM # 22: DEPARTMENT REPORTS: Kingsford: Chief Gordon: Nothing Mr. Mayor Kingsford: Gary Smith: Nothing Mr. Mayor Kingsford: Shari Stiles: I was wondering if you had received Mr. Corrie's memo? (inaudible) Kingsford: Please come up and address that Shari? Stiles: WE have got 3 subdivisions and it was all put into some of the comments that a fire station was needed in the area. These 3 subdivisions are Tuthill No. 1 which is also known as Saddleview, Englewood, and Kentfiled Manor. Kentfield Manor in going through the minutes the developer did specifically state that he was not willing to give up a site for a fire station. Englewood has given a well lot site in lieu of a fire station site because the lot was not big enough. And Tuthill it was never brought up until the very last moment before the final plat was approved. Englewood and Kentfield Manor are both subject to development agreements, Tuthill does not have that stipulation on it. I ask that you could delete the requirement for a fire station on those 3 subdivisions so that we can sign off on the plats and get them going. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of withdrawing the requirement of a fire station or well lot where it has not been already given, discussion? • Meridian City Council March 15, 1994 Page 66 • Tolsma: The one in Englewood subdivision was also a well lot for the City. So, you don't want to give away the well lot. Morrow: The motion Ron was to give away the fire station lots. Tolsma: Yes, but the fire station and well lot were one in the same. Yerrington: We've got to give one or the other. Tolsma: They were the same lot Morrow: Okay, they were the same lot. Kingsford: I think what Bob is saying is that is not satisfactory for a fire station, we are getting it for a well lot. That is satisfactory to sign off when it is otherwise ready. Morrow: That is the intent of my motion is to just stricken the fire station requirement. Kingsford: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Anything else Shari? Stiles: No Kingsford: Mr. Forrey Forrey: I will be brief. Mr. Mayor, members of the Council, 2 items Summerfiled soccer field. The developers representative Don Hubble in testimony indicated a soccer field would be developed as part of the Summerfiled project. And that is all the minutes indicated. No dimensions were sited of the size of the soccer field. Residents out in that area and the developer have asked the City then to decide what is a soccer field. So it came down to a decision that the City would have to make and direct the developer to construct a certain size of soccer field. To help analyze that I went to the State Park and Recreation standards and got the dimensions for a soccer filed. They have 2 size classifications, the adult soccer field and a youth soccer filed. The testimony presented at the public hearings when Summerfiled was evaluated was really oriented to youth soccer, the children needed a place to plat soccer. Now, in the youth category the State has 3 sizes of soccer field, one for ages 0 Meridian City Council March 15, 1994 Page 67 C 4-6, 7-8, 9-11 so I chose the largest of the 3 youth soccer field sizes because that accommodate the little guys all the way up to 12. Informed the developer that would be the standard that he should develop. I also informed several of the neighbors in the area that were wanting to know the size of the soccer field. That size is much larger than the developer had originally intended and it also much smaller than the neighbors want. But it is a youth soccer field. It will displace 2 lots out of the subdivision that is the equivalent of what he is losing over and above what he had already shown as open space on his plat. But the developer is willing to construct that. In discussing it with Wayne Crookston he felt that this is something that ought to have Council endorsement rather than a memo from me to the developer. So I am asking for your input on what is a soccer field. Crookston: There is something you forgot to mention though. The requirement and Grant likes it, 50,000 seat stadium. Morrow: Small field but a big stadium. Kingsford: Somehow when I got up at 4:45 this morning this just isn't cutting it. Well 1 think the key element is that some of the neighbors that thought about an adult field were looking at an amenity for their property that the developer is putting an amenity solely to the users of that subdivision. In trying to balance I think what Mr. Forrey has done it does create open space. 1 suspect that it wouldn't be all soccer that would be played on that but it will be a very sizable recreation field. Do you have those dimensions, we looked at them at one point. 220 by 100 feet. Forrey: Plus there is an area around that for spectators and it is a pretty large area. So, I would ask Council direction if you feel that is acceptable. I would like to go ahead and finalize that memo and get this off dead center and get them moving on it the soccer field. Yerrington: Can we ask the authority sitting over there? He grew p kicking a soccer ball. Alidjani: The Federation of the Soccer Association do have a soccer field minimum width of 50 yard and maximum of 100 and the land is 75 yards to 130 yard, these are the minimum and maximum. I do believe the 120 is one of the smaller sized it is not a large size. It is not something that the 14-15 years can use, it is more like 12 years old. It is adequate it is better than what they have at the (inaudible). I think it is a great idea. Forrey: It was age 12. Meridian City Council March 15, 1994 Page 68 Stiles: That was 210 by 120. Morrow: At this point I would move that we give City Council endorsement to the requirement of the 120 x 210 with the 10 foot perimeter margin soccer field as per the request. Yerrington: It is kind of like a setback on the fence, I second Kingsford: Moved and seconded to approve Mr. Forrey's recommendation of the 12 year old soccer field, all those in favor? Opposed? MOTION CARRIED: All yea Forrey: One other item the CMAQ congestion mitigation air quality funding. The City has received notice from the State and the Mayor and the City Clerk have signed the local agreement for $180,000 of ice tea transportation money to construct the Five Mile Pathway. We went through a selection process of procuring an engineer, the firm that met our criteria was Tim Burgess of Civil Survey Consultants a local firm. There were 4 firms that were contacted, we went to the State of Idaho and they reviewed our procurement and they have indicated that it is acceptable for us to now enter into an agreement with Civil Survey Consultants. I met with Nampa Meridian Irrigation district at their Board meeting today at 1:30 and they have endorsed our plan to construct the pathway along Five Mile Drain as they call it, not creek. Tim Burgess is about ready to go to work. We need to negotiate a scope and ultimately a fee. We anticipate a fee less than $25,000 as covered in the grant. So, Gary and I started that process so I thought we should apprise the Council of where we are at and if you so desire we would like to start the negotiations with Civil Survey Consultants and get them started on a contract and then field work and design for the pathway through Tully Park and on to Meridian Road. Kingsford: Does that meet with approval of the Council? Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to proceed along with the pathway and engineering, all those in favor? Opposed? MOTION CARRIED: All yea 0 • Meridian City Council March 15, 1994 Page 69 Kingsford: Wayne Crookston Crookston: Nothing Kingsford: Walt Morrow: Yes, Mr. Mayor I have 2 things. We have some things with respect to the building department I want to hold that until the next meeting because we are having a major staff meeting on Thursday afternoon. That is with regard to the fees. So I would like to hold that until our next meeting after we have met with our staff meeting. Second thing is Mr. Alidjani and I have been working on a prototype for a recycling program. I would ask him to make a brief presentation concerning what we are thinking in terms of doing now. So, if he would take a couple of minutes and do that presentation. Alidjani: Mr. Mayor, gentleman of the Council, it has been a long time maybe a year maybe even more than that since we were talking about recycling. I have been personally visiting with several (inaudible). In the area (inaudible) some projects are as small as $200 or $300 investments such as just the small dumpsters they have put some buffering between and the drop site. And some as big as $8 million in Vancouver, WA. There are basically 2 types of recycling (inaudible) one is a drop site and one is a curb site. I would like to walk you through the curb site or the drop, the closing comments and then have a proposal in front of you that hopefully we can get somewhere with that. A drop site recycling is the type if you have a certain type of a dumpster, it could be a 40 cubic yard or a 10 cubic yard or 2 cubic yard regardless of the site you would have in different areas of the (inaudible) and plastic and aluminum cans and what have you. The (inaudible) material some of the (inaudible) such as mine would go take care of their box and do the recycling (inaudible) and get some money for that. The problem with that comes into the fact that if there is any material mixed in of those boxes because of it has been done automatically with (inaudible). They would make you sometimes take that make to junk yard or they don't give you anything. So, basically you have defeated your purpose of the recycling because basically they consider it trash. For example if you get the cardboard boxes, if you have grease paper or magazines mixed with that, that doesn't have any value to the Western Recycling or Pacific Recycling or any other organization you may have to take that for sale. Also, that is any aluminum can that has been contaminated by other garbage that goes inside aluminum can. Basically they want the same material all in the same type and the garbage that gets mixed with that. I went in visited over in Kuna, (inaudible). He put a small (inaudible) one time and (inaudible). And he had no choice but to take it to the landfill. And now he is using a curb type and does have a little bit of problem but not as bad as a • 0 Meridian City Council March 15, 1994 Page 70 dumpster. Basically 1 am not in favor of the drop site recycling and we have had some problem as we all saw the newspaper that on the ShopKo or Kmart at the Broadway exit they had some drop site with broken glass on the ground, it damaged the tires and a few other little problems. We have had some problems at Cherry Lane with just the paper only, the 2 little containers that they have over there. So, my feeling is that towards the curb site I talked to (inaudible) at the BFI the General Manager of the Boise -Ada Disposal and a few others, they all consent that the best system that we can have is a system of a curb site that you control. The recycling system and the recycling material and after that we don't have too much, basically we don't have to do the same job over and over 2 or 3 times to defeat out purpose. Our proposal to you is to we would go to a 6 month recycling program as a private program and this is strictly for gathering data. Because I feel our organization needs to know the number of the participants, the amount of the recycling per term. How much we have in plastic paper and cans. (Inaudible) that is created by this material and the expense that is created to do the job. I feel that it would work to the point that if we had a 30 day informational type such as if we sent a flyer out on the water/sewer bill to the citizens and inform them it is system on volunteer basis and is available if they wish to do so. And gather this data and see how many participants we do have, after that the next 30 days according to how many participants we have and how many who wish to participate in the recycling program we would provide some equipment and the manpower within 60 days maximum, 90 days the show should get on the road. Also, I would like further note say that this no cost to the City of Meridian an neither to the citizen. We would like to do this program on our own, with your permission and your guideline we will sent our some kind of flyers and send them with the sewer bills and we will see where we go. If I may answer any questions. Kingsford: Any questions of Mr. Alidjani? Yerrington: Have you thought of any type of system for trying to find out how many people would recycle? Alidjani: For the first 30 days that is the only way we can do it. Is to send one to every residence we have, I would guess about 6,000 that they would send us back with some type of flyer they can put their water meter number, name address, telephone number and see if they are interested. Kingsford: I think our new computer billing would, I think we can put that much on their and answer that question, so we can without any additional effort we can put that on the billing. i 0 Meridian City Council March 15, 1994 Page 71 Tolsma: Put a check box on there. Morrow: I think our attempt with the pilot program is to find out if recycling is even viable here. In my meetings with Moe he consented to do that at his expense so that we could get the data and make some sort of an intelligent decision. I would hope that in conjunction of the notification that goes out in the water and sewer bill that we get some help from the Valley Times in terms of some promotion of the program and the fact that it is a pilot program. And whether we recycle long term or not will be determined by the success of the pilot program. And it will also tell us where we are thinking wrong and right, which direction to go and that is exactly the purpose of these program and what his proposal is. Kingsford: I think probably in the last 10 years I have heard a little bit about this but I would say that in the last years I have heard probably 10 times as much about it as we ever had. I think people that are moving are much more intuned to having that available and many of the ones that are not already moving in are people that are becoming More conscious of the environment I think it is something that is well past time that we look into. Crookston: The comment about putting something on the water bills, I think that is going to be overlooked. Kingsford: I think that no matter what you do it will be overlooked. I think a certain number of people will look at and I think you deal with that factor. But at least you will have some sort of an indication of those that would be willing from the response. It will not be a scientific poll, I recognize that. Alidjani: I would also like to bring attention that right now in our area of Treasure Valley, most of the organizations that are in the same line of business that I am in, they do believe that there is no way that recycling without cost is going to pan out. Right now they are charging between $2.80 per household for the recycling program. And also I guess within the next 6 months either (inaudible) we can talk about the expenses and revenues if the pilot program goes through and we can discuss where we are at. (Inaudible) Morrow: The concept of the pilot program is to be done in the spring, summer, fall and it is relatively easy and comfortable to recycle stuff. And then at the 6 month period we would take 30 to 60 days to analyze all the data that we have covered and then come up with a program for presentation to the Council and then whatever the Council's wishes we would pursue it from that standpoint. That is what we are looking at here. That would end our department report. Meridian City Council March 15, 1994 Page 72 Alidjani: Where do we go from here, if it is going to go on the City bill then maybe me and Janice or me and somebody would have to get together and try to formulate that. Morrow: Where we go from here is, I assume we have the Council's blessing for the pilot program? So what we will do, you and I will meet and we will meet with Janice and get that ironed out. And we will also meet with Frank and get some help there. Kingsford: Max Yerrington: Nothing Kingsford: Ron Tolsma: On this same issue of recycling the Boise Snowmobile Club has a presentation by the Ronald McDonald House in which the Snowmobile Club made a presentation of $1,000 for keeping (inaudible) with major cancer patients or accident victims, one of their programs that they have, they are taking the tabs off the top of aluminum cans and they are recycling those and in a 3 month period it take 725 of those units to make a pound. And in a 3 month period they salvaged $500 worth of aluminum pop tops. And so the lady recommended that if anybody wanted to save those things or to bag them up they would be willing to accept those for a City donation to fund a Ronald McDonald house. And when she told me it 725 to make a pound which is about $.20 that is a lot of pop tops to make $500 in 3 months. I just thought I would bring that to your attention. Kingsford: I have 3 or 4 things if I could have your undivided attention? First off this afternoon I had the distinct pleasure of meeting with the County Commissioners and the other mayors in the County. This was a meeting put together by the City of Boise and looking at the City of Boise and I don't know what the extent of their meeting was tonight. They thought that this was going to fly but they are looking at purchasing a pool at the new YMCA site. Working with the YMCA they are going to enlarge that a great deal it will be a very large pool at the cost of $4.5 million and they have invited other cities to participate in that. The thing they look at is the different fee, mainly a use fee for participants versus non -participants. 1 suggested to them that this is probably a real good time to look at perhaps county wide recreation district. I don't know whether that would cause you guys to shoot at me or whatever. But, at any rate that offer was made and some of the other cities are considering it. If their initial program were to come into play they break down based on the 90 census with adjustments, Meridian's population, 6% of the County. We would be invited if we wanted to participate to the tune of $264,000. They would • Meridian City Council March 15, 1994 Page 73 be willing to fund that over a 5 or 10 year period over their enterprise fund that we could pay at 6.7% or we could the same with ours. This is something that you guys need to consider, no action certainly tonight, but to consider maybe visit a little bit with the community and see if that is anything that you would be willing to participate in. In the wake of the City of Boise not allowing our people and so on into the softball program I think there needs to be a push toward if not consolidation and cooperation in recreation throughout the County. So, consider that I will ask Will to photocopy that and throw it in your boxes. Pursuant to Mr. Yerrington's comments, he and I visit regularly, he suggested a parcel of land at Meridian and Ustick might very well make a viable site for a park, a 55 acre parcel. He talked about that with Mr. Mabe over at the school district, they are very interested in that same location. As a result of that we did sent a letter to the owner, the owner is John Otter. He called me and is very interested in discussion. He particularly was interested in the possible tax benefits that he might derive. So, I told him I would try and set up a meeting with somebody that understood taxes, and those parties of the Council that would interested and see where we might be able to go from here. So, with the approval of the Council I guess we need to find somebody preferably if they will do it for free, somebody that if we have to pay authorize the Mayor to spend some money for that meeting. So what is your direction on that. Yerrington: I think it is a good thing, I think it should be a dinner meeting. Morrow: How does the school system get involved in a 55 acre park? Kingsford: In our comprehensive plan we tried to incorporate school sites and park sites together. When Max located this piece of property, he and I talked about and drove out there and walked across part of it. Then we discussed the possibility that the school might also be interested in a elementary school in that area. Mr. Mabe said that would fit in with their school building program. So they would like to match buy an appropriate size of that. Morrow: It is a 10 acre site that they need so they would find 10 in the 55 and we would have the other 45. Kingsford: Right, and you have some latitude if the gentleman is amenable to selling, if we can cross that hurdle, we need sludge disposal all the time and we could utilize that. During the time it takes for us to develop for them to look at a school site for that purpose as well. Forrey: Mayor, Roger Tinney is a local CPA he is a member of our Impact Fee advisory committee, 1 don't know his qualifications in terms of that tax issue. • Meridian City Council March 15, 1994 Page 74 L' Kingsford: Maybe we could contact him on that, would you follow up on that Will, preferably for Friday. The gentleman said he doesn't like to do that sort of thing on Thursday, I have forgotten his reason, but I know I don't like to do it on Thursday. So, if you would try to put that together for around 3:00 and then get back to Mr. Otter if that works out. Morrow: Do you need a motion? Kingsford: Maybe we should if it becomes necessary to spend an hours of CPA's funds, let's have a motion. Morrow: So moved Yerrington: Second Kingsford: Moved and second to allow the Mayor and City Clerk to find a CPA and to get an hour of his time should we have to pay for it, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: I received a letter from Mr. Coles, Mayor of the small city to our east that addressed the boundary changes they have gotten a request from developers to pursuant to our new area of impact. That portion of the section of land at Ustick and Fairview, excuse me, Ustick/ McMillan/ Eagle Road/ 1/4 mile west of Cloverdale to allow that to be transferred and I commend Mr. Cole and his staff. They are saying that they have gotten that information and they have enlisted Wayne Forrey for that effect but they absolutely would not take any action on it until they receive ratification of February 10th 1994 letter from Wayne Forrey or an equivalent document by the Mayor and City Council of Meridian. This request is to make sure elected officials of each city are on the same page and going the same direction. The second thing that they want to look at that doesn't really involve us in the parks department. So, if it is your desire to go ahead with our adopted comprehensive plan map even though the County has not approved it and allow transfer of that portion that was in our area of impact now we have drawn out, I would entertain a motion to that effect so that we can confirm Mr. Forrey's letter of February 10th. Yerrington: I make that motion Kingsford: Is there a second? Just to allow you to reconsider that if you want to, in visiting with Mr. Coles today he advised me that the Skyline Development group that their proposal west of Eagle Road and south of Chinden that I think you are all Meridian City Council March 15, 1994 Page 75 familiar with, it goes beyond Boise's current area of impact as negotiated by the Fourth Judicial district, he says that those people out of hock against the staff recommendations of the City of Meridian and Boise will do absolutely nothing with that until such time as we may have reached an agreement or not. That they are absolutely against doing anything in our design area. So, if that gives you any comfort level with that particular portion. We did approve of these changes in our comprehensive plan. If you guys want to digest that, we need to direct one way or the other. Yerrington: I remake the motion Tolsma: Second Kingsford: Moved and seconded to write a letter pursuant to the March 9th letter from Mayor Coles of Boise saying that it is agreeable to us that have that particular portion go into the Boise area of impact, all those in favor? Opposed? MOTION CARRIED: 2 Yeas, 1 Nea Kingsford: Pursuant to our lease agreement with Cherry Lane Recreation they are required to submit to the Council and changes in the fees. This letter was submitted from Cherry Lane Recreation with these particular fees, what is your pleasure? Yerrington: I would like to approve these fees. Morrow: Second Kingsford: Moved and seconded to approve the fee structure for Cherry Lane recreation, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Now, I would entertain that motion. Yerrington; So moved Tolsma: Second Kingsford; Moved by Max, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: All yea • Meridian City Council March 15, 1994 Page 76 MEETING ADJOURNED AT 11:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WILLIAM G. BERG, JR., Clyy CLERK • =tea .....-r�:. GRANT P. KINGSFORb. . t;, -ev cld Cl? - co -;70oe cFW a, m�x ��� ��� �� �� �� � �N� - - _-�f_� � �_--'/--�----�-- ~~^- ------ � -��-------'�----'---f�" -----« ----------- Iwo------- ;e-9 __ -9 ---�------'---'- � -�-----�---------------'---- -------------'------- r��� -'---------'---------'------- ��N�---'--------------------�- �� ~=�w� __-_-_- --'-_^�-�_�B�-�-��!--�_-���� -------------�'----------''--'-'--'- -------- _ ��N�� ----� --- =~��p -----'---------� _=��� ���wp__-_____'��-�_------_�-��'_--_--___��-�__--��'---/�-----'----�-'�----------'-'----------- -''�--'=----'-�'-�-'=--�'/ ---�------------------'------'----'------------ � ~ _'*^-__='-__---'-__��~ ~^----�-'-------'- (� ,-��r ���� -- -- ----'� '------ - --------'------------�--------------------------------------'-- . �~~ �w�� ---------�--------------------''-----------'---'----''--------------'--�--------'-------------- ` "��@�---'--------- ----�-----'-------------- ----------------------------------- ��---- ---�� --------- ___________________________________________________________________ - &�*�� - -' - - - -- - -- ' --- - -------'------'------ -------- --''-- MERIDIAN CITY COUNCIL AGENDA TUESDAY, MARCH 15, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MARCH 1, 1994: <«Iht9T o/i�. ICR�I ���jly7Soic! 1. TABLED: REZONE REQUEST: DORADO DEVELOPMENT AND MICHAEL AND CYNTHIA SCISCOE: (TABLED AT MARCH 1, 1994 MEETING) �a6/eaC anti l oaf eo^,.e o� ^eebhl l,.�/l�cR y�+-� 2lc.i J'/uno� 2. TABLED: REZONE REQUEST: ROBERT AND FRAN WHITMIRE: (TABLED AT MARCH 1, 1994): Z -D scP�rovt 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR LOCUST GROVE CENTER BY AVEST LIMITED PARTNERSHIP: 4. ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: SPORTSMAN POINTE #4: 5. ORDINANCE #634 - SCOTTSDALE ESTATES SUBDIVISION: cep"V4-'�ct- 6. ORDINANCE #635 - ELK RUN SUBDIVISION NO. 2: wrvvAd 7. ORDINANCE #636 - TUTHILL SUBDIVISION NO. 2: 1�9frvvtw' 8. ORDINANCE #637 - NYBORG REZONE: a'Aprovtd 8. AMEND ANNEXATION ORDINANCE #633 FOR VALERI HEIGHTS: fprov 9. ORDINANCE #638 - SPORTSMAN POINTE #4: ez? 10. FINAL PLAT: VALERI HEIGHTS SUBDIVISION BY VICKIE WELKER AND HUBBLE ENGINEERING: f•cG��-`� ¢'S'q¢ -,140 09,A,, 'wer f� 5 3'jweJ ?lk .;e AJI'e UA reSollveo-1 11. FINAL PLAT: CROSSROADS SUBDIVISION NO. 2 BY CAPITAL DEVELOPMENT AND HUBBLE ENGINEERING: afpf-o✓e cC 12. NICOLE RITTER: REQUEST FOR CROSSWALK AT HIGH SCHOOL: Re-Z&xt f Ahna. /,3ddiAte_ & &)lder jenad� ff G)AdrA Atj tow A✓e 13. PUBLIC HEARING: PRELIMINARY PLAT FOR NAVARRO SUBDIVISION BY THE FOUR T'S AND KEITH LOVELESS: • • 14. PUBLIC HEARING: PRELIMINARY PLAT FOR THE LANDING SUBDIVISION #7 BY SKYLINE DEVELOPMENT AND TOM EDDY: 15. PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SALMON RAPIDS SUBDIVISION BY GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES: 4v�i C/L edy m 16. PUBLIC HEARING: AN EXATION AND ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION BY GOLDSMITH CHARTER AND RO LAJVCE AND ASSOCIATES: 17. BEER/ WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT: 4�p,"v-ed 4X.0 a ay.- /"" GjAX�l Cc PprevA4� 18. BEER/ WINE LICENSE APPROVAL FOR FARMERS CLUB: aAorft,tcaC badtd al- Ao,lcw CAA43' '��rzv"-Z 19. MICHAEL CLARKE: WATER/ SEWER LINE REQUEST: !� ,pftweze 3 p�Fc orf' -e � er, ��o� v�C -e waz`e 20. JIM LANG: APPEAL FENCE VARIANCE COMMITTEE DECISION: Alo 21. U.S. BANK: REQUEST FOR TEMPORARY OFFICE: 22. DEPARTMENT REPORTS: 1. BUILDING PERMIT RATES - PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: –r�``-►+-__`--= `�--------------------- --------- ---------- ----- ---ek 7%---------- O_(c,Il- -. f,k v It 1377- y!Q W-5 W k) • ORDINANCE NO. 638 � ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 19, TAN., 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 hereinbelow described: g 4 0 2It �p cel of land being a portion of the Northeast 1/4 of Section 19, T.3N., R.1E., Ada County, Idaho, said parcel being particularly described as follows: B O I S - jtCommencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, TAN., R.1E., B.M., Ada County, Idaho: P94 MR LJ fnce, S. 0034125" W. 488.00 feet along the line commo o said Sections 19 and 20, which SEE -^ is .ahex line of Locust Grove Rd., to REC©nj�. ;. • -the RAL POINT OF BEGINNING; thence, continuing along said line, S. 0034,25" W. 839.31 feet to the Southeast corner of the NE 1/4 NE 1/4 of said Section 19; thence, S. 89045104" W. 415.96 feet along the south line of said NE 1/4 NE 1/4; thence, N. 8°05142" W. 1311.25 feet along the centerline of the Nine Mile Drain and the extension thereof; thence, N. 3041130" W. 28.00 feet along said centerline to the north line of said Section 19 and the centerline of Overland Road; thence, N. 89°43,43" E. 319.89 feet along said lines; thence, S. 16019130" E. 505.46 feet; ANNEXATION ORDINANCE - SPORTSMAN POINTE NO.4 Page 1 thence, S. 89°25'35" E. 148.85 feet to the REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being a portion of the Northeast 1/4 of Section 19, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Idaho: thence, S. 0034125" W. 488.00 feet along the line common to said Sections 19 and 20, which is also the centerline of Locust Grove Rd., to the REAL POINT OF BEGINNING; thence, continuing along said line, S. 0034125" W. 839.31 feet to the Southeast corner of the NE 1/4 NE 1/4 of said Section 19; thence, S. 89°45'04" W. 415.96 feet along the south line of said NE 1/4 NE 1/4; thence, N. 8005142" W. 1311.25 feet along the centerline of the Nine Mile Drain and the extension thereof; thence, N. 3041'30" W. 28.00 feet along said centerline to the north line of said Section 19 and the centerline of Overland Road; thence, N. 89043143" E. 319.89 feet along said lines; thence, S. 16019130" E. 505.46 feet; thence, S. 89025'35" E. 148.85 feet to the REAL POINT OF BEGINNING. ANNEXATION ORDINANCE - SPORTSMAN POINTE N0.4 Page 2 is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian. 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. That if these conditions of approval are not met the property shall be subject to de -annexation. g. The requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. ANNEXATION ORDINANCE - SPORTSMAN POINTE N0.4 Page 3 Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. 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 15 day of March, 1994. APPROVED: / - - PAW",GRANT P.'KtNGSPrO/ _-� ATTEST: �z x/�Ixtl!v / - WILLIAM G. BERG, JR -- CITY CLERK STATE OF IDAHO,) : ss. ° s "I'C a GOaPOp4 Gab a ft�0 9 SEAL -00 # -00 A P COO T1 . �O ANNEXATION ORDINANCE - SPORTSMAN POINTE NO A Page 4 0 ATTEST: w� WILLIAM G. BERG, JR. -4(CtfTY CLERK STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 19, T.3 N., R.1E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 638 , by the City Council and Mayor of the City of Meridian, on the 15TH day of March, 1994, as the same appears in my office. DATED this day of CIC/ , 1994. City Clerk, City Ada County, Idaho STATE OF IDAHO,) : SS. County of Ada, ) On this 15 th day of March, 1994, before me, the unders7. S, 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. SIN W_ ITNESS WHEREOF, I have hereunto set my hand and affixed my official Spas "'�he,,,day and year in this certificate first above written. �uaotARy u SEAL U B 00 * of ry Public or Idaho Reding at Meridian, Idaho �•, J�► ��:��` M commission .expires 08/02/99 �''•qrE 0f Vo NI11N ANNEXATION ORDINANCE- SPORTSMAN POINTE NO.4 Page 5 N Y�+ t . RT Cl r• 6 j , � i t� 6 5 3 2 ? ' - 20 + .3 E. SHEPHERD ST i i 2 4 5 6 a 4 '• •, Q S PiOkTS MA IJ 3 5 _ t 12 rrs lo ORT s M N x 6 iE. POti�lY� SUS. E. BORZOI ST `j w 1 ,J mo. 4 13 > 6 7 8 r 7 T N, 1 14 a P 1 a9- U') 1 z 5 41� 15 a 10 E. PEACOCK ST 16 N 1 11 1 2 3 4 5 12 17ol N o s 1 � � 1 Ii O • � � I 11 LA N r 1 1 1 I ' �. R 1 � %• i � 2 4 RIM CHAROLAIS DR. �WEW 3 4 5 6 ' i \ sfj . --- • ORIGINAL • 94026 �o�sE 1 ORDINANCE NO. 637 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING W C "11GING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORWN'diE �F iTIiE SEHTA$T QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, 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-4 Low Density Residential to L-0 Limited Office, for the following described parcel: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 016,08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89033,46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0016108" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Record's, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43152" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16108" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21111" West along said Right of Way line for REZONE ORDINANCE - NYBORG Page 1 a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33,46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0026114" East a distance of 281.09 feet, thence South 89°33,46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0016,08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33,46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0016,08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33,46" West for a distance of 98.69 feet, thence North 0°26114" East for a distance of 67.88 feet, thence South 89°33,46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land lying in the Southeast quarter of Section 2, REZONE ORDINANCE - NYBORG Page 2 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0016108" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89033'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0016,08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89043152" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0016'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0026114" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, REZONE ORDINANCE - NYBORG Page 3 marked by a brass cap monument. thence North 0016108" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33146" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16108" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33146" West for a distance of 98.69 feet, thence North 0°26114" East for a distance of 67.88 feet, thence South 89°33,46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. be, and the same is hereby rezoned from R-4 Residential to L-0 Limited Office, 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 City Council on the request for rezone. Section 2. The Applicant shall tile all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by t e Mayor of the City of Meridian, Ada County, Idaho, this _Z -5"' -"-day of Rarrvk. , 1994. ATTES y -e 001, coo woo oN�r� WILLIAM G. BERG, JR. CrrY CLERK > SEAL REZONE ORDINANCE - NYBORG ""o ti Page 4 O sr ls%' 9 COUNT1 , ��� STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 637 , by the City Council and Mayor of the City of Meridian, on the � day of &Q,�-6 , 1994, as the same appears in my office. DATED this 4.' --day of Ma4 CAL, , 1994. City Clerk, City o Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this 15 day of March 1994, before`' "e, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. E • tp SEAL = i ,® �J c t ry Public for Idaho us Aza iding at Meridian, Idaho ';� J°� ,��•'� M Commission expires 08/02/99 REZONE ORDINANCE - NYBORG Page 5 lj4 � 4 2 cc / C 6 TRACY C z1 A P O ' 36 35 34 33 32 31 30 5 2 Q 16 17 1?. 19 20 0' 37 20 2{ 3 0 7 6 16 38 39 r2g 34 14 13 12 r 14 1S 2 5 a y I1 12 13 15 40 19 23 & 2B 33 ' CH ATEgU 916 4" r4 MP IB m 2 2T ? 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(� I u 6 NCO G �® 20 13 j 27 24� Z 26 LT N • ` DI 7 32 Z ea 12 F If 10 9 1% G E N F MAN R 2 6 0 EL _� as x '744 ORIGINAL ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T.U., R.1W., 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 hereinbelow described: A triangular shaped parcel of land located in ,t,hE 1/4 of the NW 1/4 of Section 2, T.3N., g L D1�, Irl; , B.M. , Ada County, Idaho, more ticularly described as follows: AA.SCa '. ' -- 'CbAirffencing at the quarter corner common to ,J Sections 3 and 2, T. 3N. , R.1W. , B.M. ; BOISE ', �' from which the Northwest corner of said Section 2 bears North 00°24,20" East, 2695.04 19 Ifse. FEE�J thence S uth 89°12,32" East, 1325.13 feet to the 1/16 corner and the REAL POINT OF RECa �� BE NG. thence North 00°19159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31022118" East, 988.95 feet to a point on the East-West Mid-section line; thence North 89°12132" West, 519.75 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: ANNEXATION ORDINANCE - TUTHILL Page 1 • • A triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.N., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 3 and 2, T.3N., R.N., B.M.; from which the Northwest corner of said Section 2 bears North 00024120" East, 2695.04 feet; thence South 89°12132" East, 1325.13 feet to the C -W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00019159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31°22,18" East, 988.95 feet to a point on the East-West Mid-section line; thence North 89°12,32" West, 519.75 feet to the Point of Beginning. is hereby annexed to the City of Meridian, 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; that Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and 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 ANNEXATION ORDINANCE - TUTHILL Page 2 authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: I. 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. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. 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. That if these conditions of approval are not met the property shall be subject to de -annexation. g. 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 if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. ANNEXATION ORDINANCE - TUTHILL Page 3 Section 5. 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 l5�day of March, 1994. APPROVED: -Il rels, ,6wl�, / •• i ATTEST � O s """". RP WILLIAM G. BERG, JR. - CITY CLERK G SEAL.-) L1 Mris ti STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2 . , T. 3N. , R.1W. , B.M. , ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 636 , by the City Council and Mayor of the City of Meridian, on the 15TH day of March, 1994, as the same appears in my office. ANNEXATION ORDINANCE - TUTHILL Page 4 • DATED this 15A --day of STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City Ada County, Idaho 1994. gPuq yr SEAL I") .+m o ��r 1�•• o On this 15 th day of March, 1994, before me, the unders , a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL SA�Y�� 1 4,7 v 'IIIIIIIItIt\\\\\ 'Biding at Meridian, Idaho commission expires 08/02/99 ANNEXATION ORDINANCE - TUTHILL Page 5 1 0 1 2 3 14 s v�n�1 rBR``5T.�1 4 13 4 7 2 I I 24 ' }1' ' JOUST SST w 23 i 15 N> _ j 1�Q I gtv 7 W 6 4 N 2 14 I O I 22 6 a to Q 3 C NOL U&9 pF2019 4 5 B 4 S Z W .'4VENWUR5'r$'T 8 5 to 12 I '.3 I iG �� I 'F ' 17 I l 5 24 5 n R W 0 W. Mi RG VE C� w. FIE_OS'.RE AM OF , �('' MEA7YVS il Pv-OfOsEb 1 � 1 � il Pv-OfOsEb ORIGINAL. ORDINANCE NO. 635 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., 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 hereinbelow described: A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North 00°37136" East 2,649.87 feet; thence, along the East-West midsection line of said Section 24 North 89°34130" West 137.10 feet; thence leaving said midsection line North 32°17130" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances; g 1 Z1��'th 40°37'30" West 139.10 feet; k 2. thea? North 41°08123" West 989.03 feet, (formerly known 6.� forth 41,37" West 1,019.00 feet), to the beginning of J. ;t;;'::, a cut've; BOIS" 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54,45", a radius of ,94IMR0�0gofeet and a long chord bearing of North 17°41101" Wt 159.22 feet (formerly known as North 25106" West FEE 8 t); RECOFOLt ., . 4. thence North 05046122" East 39.11 feet, (formerly known as North 04128" East 86.00 feet, more or less), to the Southwest corner of Elk Run Subdivision as it is shown on ANNEXATION ORDINANCE - ELK RUN 2 Page 1 • • the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; thence leaving said centerline of Kennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 89°52145" East 824.61 feet, (formerly known as North 89106" East 828.02 feet) , to a found 5/8" iron pin and cap marked P. E. /L. S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North 01°01115" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55'45" East 152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00°37136" West 1,351.37 feet, (formerly known as South 1,347.44 feet) to the TRUE POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North 00°37'36" East 2,649.87 feet; thence, along the East-West midsection line of said Section 24 North 89°34130" West 137.10 feet; thence leaving said midsection line North 32°17130" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances; 1. North 30037'30" West 139.10 feet; ANNEXATION ORDINANCE - ELK RUN 2 Page 2 9 0 2. thence North 41°08,23" West 989.03 feet, (formerly known as North 41137" West 1,019.00 feet), to the beginning of a curve; 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54,4511, a radius of 200.00 feet and a long chord bearing of North 17°41,01" West 159.22 feet (formerly known as North 25106" West 82.05 feet); 4. thence North 05046,22" East 39.11 feet, (formerly known as North 04128" East 86.00 feet, more or less), to the Southwest corner of Elk Run Subdivision as it is shown on the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; thence leaving said centerline of Kennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 89°52,45" East 824.61 feet, (formerly known as North 89106" East 828.02 feet), to a found 5/8" iron pin and cap marked P.E./L.S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North 01001,15" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55145" East 152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00037136" West 1,351.37 feet, (formerly known as South 1,347.44 feet) to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development ANNEXATION ORDINANCE - ELK RUN 2 Page 3 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. 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. That if these conditions of approval are not met the property shall be subject to de -annexation. g. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall ANNEXATION ORDINANCE - ELK RUN 2 Page 4 • C be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approvedby the Mayor of the City of Meridian, Ada County, Idaho, this 4f—" -day of March, 1994. APPROVED: / . 4 2�M RAY -0R--- ATTEST: 12 WILLIAM G. BERG, J -il CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) or dpPOq� f G7 y�,o roc 9 SEAL; 30"- ,0UNT P I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 635 , by the City Council and Mayor of the City of Meridian, on ANNEXATION ORDINANCE - ELK RUN 2 Page 5 the 15TH day of March, 1994, as the same appears in my office. DATED this Z�day of 00� , 1994. ;k City Clerk, City of .per I& � ���rL � Ada County, Idaho " STATE OF IDAHO,) ©� St xati•~ �O s s . eq, County of Ada, ) On this 15 th day of March, 1994, before me, the undersigne , a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate irst above written. CE L. � td's;,: of y Publ for Idaho SEAL ��,Q �p'iAIVA R d' at Meridian Idahoof vo, es ing , My commission expires 08/02/99 ANNEXATION ORDINANCE - ELK RUN 2 Page 6 ,2 , I I � .J - �� W. CAVE NP:'P �S 29 +16 29 n•y I� W2S r" ' 630 1 _ } 10 W v 7 •6 32 23 CL_ lR-T y 0:I 33 22 �'110 33 ' • 36 20 2 O O ROOI 73 j 31 22 iK uM.rs sn�' � I + N Raa +s 20 1• _ I ' 1! . 300•MONITY MAP ,2 RT s • RT • MERIDIAN CITY COUNCIL MEETING: MARCH 15, 1994 APPLICANT: %1LT�te�t�s>/�,,i1Li1"2 AGENDA ITEM NUMBER: 22 REQUEST: ` AGENC COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED COMMENTS /iiCL/+tiJJ� MERIDIAN SCHOOL DISTRICT: _a j MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • HUB OF TREASURE VALLEY . OFFICIALS A Good Place to Live WILLIJANIC L.GASS,City TreasCity urer JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY O. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO; MAYOR and CITY COUNCIL FROM; Gary D. Smith AAt-? RE; BUILDING PERMIT FEE INCREASE March 15, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning IEXECEIVED MAR 15 1994 CITY OF MERIDIAN I present the following information for your consideration during the decision making process of increasing the building permit fees. From October 1, 1993 to February 28, 1994 we issued 484 building permits for homes having an average value of'$79,182.90. Under our existing "Valuation -Permit Fee" schedule a house of this value has a permit fee of $380.00. Using the building permit fee schedule of Nampa as an example, this home would have a permit fee of $447.48. For 484 homes this amounts to an increase in revenue of $32,660. Our office staff, Ann Wartman and Kristin Manning, work extremely hard in issuing permits, handling inspection requests, complaints, ACRD impact fees, and general accounting of the building permit activity. They also receive numerous compliments for the manner in which they handle the public. If you decide to increase our building permit fees I would respectfully request that, at the minimum, their monthly salary be increased by $100.00 each. VALUAT iU:v �n 100-500 501-600, 601-700 701-800 801-900 901 -1 -ooh l,Uq -1,Luu 1,101-11200 1,201-1,300 1,301-1,400 X1,401-1,500 1,501-1,600 1,601-1,700 1,701-1,800 1,801-1,900 1,901-2,000 : a 2,001-3,000 mM 3,001-4,000 o r,0 49001-5,000 5,001-6,000 co 6,001-7,000 7.001-8,000 CD 89001-9,000 -9 9.001-10,000 4. 3 10,001-11,000_ A n K 11,001-12,000 12,00r-13,000 13,001-14,000 Q N 14,001-15,000 W w 0 15,001--169000 • "M 16,001-17,000 C> m 17,001-18,000 y 18,001-199000 19,001-20,000 20,001-21,000 21,001-22,000 22,001-23,000 231,001-24,000 0 24,001-25,000 n dP 25,001-26,000 ro 0 26,001-27,000 27,001-28,000 28,001-29,000 =r,F 29,001-30,000 30,001-31,000 x 31,001-32,000 0i0 32,001-33,000 33.001-34,000 w n.. 34,001-35,000 35,001-36,000 o .36,001-37,000 37,001-389000 38,00 -39 , 000 n w 39 , 001.40, 000 r.a 40,001-41,00.0 c 41,00142,000 F -t429001-43,000 430001-441,000 00 *'• . 50 a 16.00 0 0 17.50 N 18.00 �• "� 20 50 22 .-UU 23.50 25.00 26.50 28.00 29.50 31.00 32.50 34.00 35.50 41.50 47.50 53,50 59.50 65.50 71.50 77.50 85.00 89.50 a 95.50 101.50 107.50 113.50- 119.50-- 25.50-- 131.50 13.50- 119.50-_25.50•-131.50 137.50 143.50 149.50 155.50 161.50 167.50 173.50 178.00 182.50 187.50 191.50 196.00 200..50 205.00 209.50 214.00 218.00 223.00 227.50 232.00 236.50 241.00 245.50 250.00 254.50 29,00 to (D h' N M� !S -N N M rn r rt ... om N G C. =. N N• J C* 0 M n C N N• ct-0 w0. � nb wn m M ft O c N m co n a �y V+ C o -+ rQ JO�tTO CD 4A , 001-45 , 000 263.50 001-469000 268.00 4'F,001-47,000 272.50 47,001-48,000 277.00 480001-490000 281.50 49,001-50,000 286.00 50,001-51,009 289.00 51,001-52,000 292.00 52,001-53,000 -295.00 53,001-54,000 298.00 54,001-55,000 301.00 55,001-56,000 304:00 56,001-57,000 307.00 579001-58,000 310.00 58,001-59,000 313.00 59,001-60,000 316.00- 600001-61,000 319.00 61,00`1-62,000 322.00 62,()01-63,000 .325.00 63,001-64,000 .328.00 J 64 001-65,000 331.00 .:•,, N 65,001,66,000 336.00 •- 66.001-67,000 339.00 67 001 68 000 342.00 `' _ 68,001-69,000 345.00 _69,001=70.000 348.00 .: _� _ �• g' °i ro 70, 001-71,000 71,001-72,000 ' 351.00 354.00 _ 72,001-73,000 357.00 73,00174,000 360.00 �• 74,001-75,000 363.00- • 75.001-76,000 366.00 = - r. �° -v 76.001-77,000 77.001-78,000 369.00 . 372.00 C+ CA 9 0 .' 78,001-79,000 79.001-80,000 375.00 380.00 a o cv C �- 80.001-41, 000 _ 384.00. _ + �` 3 81.001-82,000 82,001-83,000 388.00 392.00 83.001 .84,000 39E.00 o 84.001-85,000 400.00 0 85.001-86,000 404.00 a 86.001-87,000 408.00 C* 87001-88,000 , 416.00 . 88,001-89,000 420.00 a 89;001-90,000 424.00 90,001-91,000 428.00 4A 91,001-92,000 432.00 92,001-93,000. 436.00 93.001-94,000 440.00 94.001-95,000 444.00 ... C` 95.001-96,000 448.00 96,001-97,000 452.00 97.001-98,000 456.00 98.001-99,000 460.00 99,001-100,000 463.00 100,001-466. For Firat- 100,000 + 3.00 For Each .,ditional 1,000 Or Fraq, ad CITY OF NAMPA • BUimm PERNIIT FEES Effective January 1, 199+f TOTAL VALUATION FEE From To $1 $500 $501 $2000 $2001 $25,000 $25,001 $50,000 $50,001 $100,000 $100,000 $500,000 $500,000 $1,000,000 $1,000,000 and up Basic Fee $12.30 $12.30 for first $500 $36.98 for first $2000 $206.64 for first $25,000 $339.80 for first $50,000 $524.39 for first $100,000 $1672.39 for first $500,000 $2902.39 for first $1,000,000 Other inspections and Fees: 0 $1.64 each additional $100 $7.38 each additional $1000 $5.33 each additional $1000 $3.69 each additional $1000 $2.87 each additional $1000 $2.46 each additional $1000 $1.64 each additional $1000 1. Inspections outside of normal business hours (8:00 A.M. to 4:30 PM.). $24 2. Reinspection fees assessed under provisions of Section 305(8). $24 3. Inspections for which no fee is specifically indicated $24 (minimum charge one-half hour). 4. Additional plan review required by changes, additions or revisions $24 to approved plans (minimum charge one-half hour). 5. Plan Check Fee in the amount of 650 of the Building Permit Fee will be charged for commercial prof :cts. Exceptions: 1. Fence Permit Fee 2. Wood Stoves $7 $26 3.. Portable Sign $12 03/14/94 09:32 /4&208/465 2261 �NAMPA PUBLIC WRK w lllllll.�i0ioi F" ZRAVAN11999MMani: 31___.i�nM :3r� gPAGEs: $500 $501 $2000 $2001 $25,000 $25,001 $50,000 $50,001 $100,000 $100,000 $500,000 TO: CLM UA.2 FROM: $1,000,000 and up 'i►.,�� i LOCA N: -1tri il_iAni —6�U LOCAWN: i FAX:- l _ Ui FAX: MESSAGE: PHONEII. 4ul-az.1 _ S I/I/II//llI/llllNl/lKl/II/I/KIIKIKIKI!/KK/I/ll///lK/IIKIIKKII/!/IIIfIK/IIII/i % l/IIIIIIIIIIIII/IIKKIIN�I/l/ CITY OF NAMPA BUR DING PERMrr FEES Effective January 1, 1991f TOTAL VALUATION FEE From 12 Basic Ege $1 $500 $501 $2000 $2001 $25,000 $25,001 $50,000 $50,001 $100,000 $100,000 $500,000 $500,000 $1,000.000 $1,000,000 and up $12.30 $12.30 for first $500 $36.98 for first $2000 $206.64 for first $25,000 $339.80 for first $50,000 $524.39 for first $100,000 $1672.39 for first $500,000 $2902.39 for first $1,000,000 0 $1.64 each additional $100 $7.38 each additional $1000 $5.33 each additional $1000 $3.69 each additional $1000 $2.87 each additional $1000 $2.46 each additional $1000 $1.64 each additional $1000 Other Inspections and Fees: 1. Inspections outside of normal business hours (8:00 A.M. to 4:30 PM.). $24 2. Reinspection fees assessed under provisions of Section 305(8). $24 3. inspections for which no fee is specifically indicated $24 (minimum charge one-half hour). 4. Additional plan review required by changes, additions or revisions $24 to approved plans (minimum charge one-half hour). 5. Plan Check Fee in the amount of 65% of the Building Permit Fee will be charged for commercial projects. Exceptions: 1. Fence Permit Fee $ 7 2. Wood Staves $26 3. Portable Sign $12 12; 08/95 15:54 %2208 465 2261 NAMPA PUBLIC WRK = OF NAWA BUILDING PFAWr PEES Effective January 1, 1993 TOTAL VALUATION FM From To $1 $500 $501 $2000 $2001. $25,000- $25,001 $50,000 $50.001 $100,000 $100,000 $500,000 $500,000 $1,000,000 $1,000,000 and up BasiFee $12 $12 for first $500 $36.00 for first $2000 $201.60 for first $25,000 $331.60 for first $50.00 $511.60 for first $100,000 $1631.60 for fust $500.000 $2831.60 for first $1,000,000 Pins $1.60 each additional $100 $7.2.0 each additional $1000 $5.20 each additional $1000 $3.60 each additional $1000 $2.80 each additional $1000 $2,a0 each additional $1000 $1.60 each additional $1000 Other Inspections and Fees: 1. Inspections outside of normal business hours (8:00 A.M. to 4:30 PM.). $24 2. Reinspection fees assessed under provisions of Section 3050?. $24 3. Inspections for Which no ft is specifically indicated $24 (minimum charge one-half hoar). 4. Additional pl= review required by changes, additions or revision$ $24 to approved plans (mir mum charge oae-half hoar). 5. PIan Check Fee in the amount of 65% of the Building Permit Fee will be charged for commercial projects. Excepdons: 1. Feace Permit Fee $6.50 2. Wood Stoves $�5 3_ Portable Sig. $11 199ANIFORM BUILDING CODE 4C� TABLE NO.3-A--BUILDING PERMIT FEES TOTAL VALUATION FEE $1 .00 to $500.00 $15.00 $501.00 to $2,000.00 $15.00 for the first $500.00 plus $2.00 for each addi- tional $100.00 or fraction thereof, to and including $2,000.00 $2.001.00 to $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each addi– tional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $ 1,000.00 or fraction thereof, to and includ- ing $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each addi- tional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each ad- ditional $1,000.00 or fraction thereof to and including $500,000.00 $500,001.00 to $2,039.50 for the first $500,000.00 plus $3.00 for each $1,000,000.00 additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ............. $30.00 per hour* (minimum charge–two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) ..................................... $30.00 per hour* 3. Inspections for which no fee is specifically indicated ....... $30.00 per hour* (minimum charge—one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ......................... $30.00 per hour* (minimum charge—one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees in- volved. BOISE CITY BLDG DEFT. TEL:208-384-3814 Dec 07,93 14:36 No.005 P.01 BOISE CITY BUILDING DEPARTMENT STRUCTURAL PERMIT FEES PROJECT VALUE FEE �- PROJECT VALUE FEE 43,001 -- 44,000 330.24 501 600 14.84 44,001 45,001 - 45,000 - 46.000 336.05 341.85 601 701 - 700 800 16.77 18.71 46,001 47,000 347.66 801 - 900 20.64 47,001 48,001 - 48,000 - 49,000 353.46 359.27 901 - 1,001 - 1,000 1,100 22.58 24.51 49,001 - 50,000 365.07 1,101 1,200 26.45 50,001 51,001 - 51,000 - 52,000 368.94 372.8) 1,201 - 1,301. - 1,300 1,400 28.38 30.32 52,001 - 53,000 376.68 1,401 - 1,500 32.25 53,001 54,001 - 54,000 - 55,000 360.55 384.42 1,501 - 1,601 - 1,600 1,700 34.19 36.12 55,001 - 56,000 308.29 1,701 - 1,800 38.06 56,001 57,001 Y 5'1,000 56,000 391.16 396.03 1,801 - 1,901 - 1,900 2,000 39.99 41.93 58,001 - 59,000 399.90 2,001 - 3,000 49.67 59,00) 60,001. 60,000 - 61,000 403.71 407.64 3,001 - 4,001 - 4,000 5,000 57.41 65.15 61,001 - 62,000 411.51 5,001 - 6,000 72.89 62,001 63,001 - 63,000 - 64,000 41.5.38 419.25 6,001 - 1,001 - 7,000 8,000 80.63 88.37 64,001 - 65,000 423.17 8,001 - 9,000 96.11 65,001 66.001 - 66,000 - 67,000 42.6.99 430'86 9,001 - 10,001 - 10,000 11,000 103.85 111.59 67,001 - 68,000 434.73 11,001 12,000 119.33 68,001 69,001 - 69,000 - 70,000 436.60 442.41 12,001 - 13,001 - 13,000 14,000 127.07 134.81 70,001 - 11,000 446.34 14,001 - 15,000 142.55 150.29 71,001 72,001 - 72,000 - 73,000 450.21 454.08 15,001 _ 16,001 - 16,000 17,000 158.03 73,001 - 74,000 457.95 17,001 - 18,000 165.77 173.51 74,001 75,001 - 75,000 - 76.000 461.82 465.69 18,001 - 19,001 - 19,000 20,000 181.25 76,001 - 77,000 469.56 473.43 20,001 - 21,001 - 21,000 22,000 18B.99 196.73 77,001 78,001 - 78,000 - 79,000 477.30 22,001 - 23,000 204.47 79,001 80,001 - 80,000 -. 81,000 481..17 485.04 23,001 - 24,001 - 24,000 25,000 212.21 219.95 81,001 - 82,000 488.91 25,00E 26,000 225.75 82,001 83,001 - 83,000 - 84,000 492.78 496.65 26,001 - 21,001 - 27,000 28,000 231.56 237.36 84,001 - 85,000 500.52 28,001 - 29,000 243.17 85,001 - 66,000 504.39 29,001 - 30,000 248.97 253.78 66,001 87,001 - 87,000 - 88,000 508.26 512.13 30,001 - 31,001 - 31,000 32,000 26 .58 88,001 - 89,000 516.00 32,001 - 33,001 - 33,000 34,000 266.39 272.19 89,001 90,001 - 90,000 - 91,000 519.817 523.74 34,001 - 35,000 278.00 91,001 - 92,000 527.61. 35,001 36,001 - 36,000 37,000 283.80 289.61 92,001 93,001 - 93,000 - 94,000 531.48 535.35 37,001 - 38,001 - 38,000 39,000 295.41 301.22 94,001 95,001 - 95,000 - 96,000 539.22 543.09 39,001 - 40,000 307.02 96,001 - 97,000 545.96 40,001 - 41,000 312.83 97,001 - 98,000 550.83 41,001 - 42,000 318.63 98,001 - 99,000 554.70 42,001 - 43,000 324.44 99,001 - 100,000 558.57 6 100,001.00 end up $ 558.57 for the fitst $100,000 plus 9 3.225 for each addittanalIOy 0 .0 round the results to the nearest cent9t. PLAN CHECK FEE, IF APPLICABLE, IS 656 OF THE BUILDING PERMIT FEE. Peatdt'° brand iax transmittal memo 76M rorp�ps� ► . EFFECTIVE DATE! 1/8/88 � ISIS' noo / - /,p h) 70/ 0oz- ga'o lom-7,- if — lyGb, - Ao60b J%? /,)/d / - IG 06 30 ,2 6 - Dv/ - s -7 b of 'yo p X30 fo / -- aado ?L Pd 610 / �?/ 000 a I f 43" Yob ! - 3-A Ile A4 3�•vP /-3yvoo `��/I 34- cop4- Baa 37 od i - 3,f,000 7 ?-a-/ -- > l 3lYc:-t -1904- f �2 /o ea / - i oav j e �� 3r oos j �'' AID 00 2l i--i3acc 1l �! YAck0n 2�f� 3l° 2a go / - a /a r oob 267 /,)/d / - IG 06 30 ,2 6 - Dv/ - s -7 b of 'yo p X30 fo / -- aado ?L Pd 610 / �?/ 000 a I f 43" Yob ! - 3-A Ile A4 3�•vP /-3yvoo `��/I 34- cop4- Baa 37 od i - 3,f,000 7 ?-a-/ -- > l 3lYc:-t -1904- f �2 /o ea / - i oav j e �� 3r oos j �'' AID 00 2l i--i3acc 1l �! YAck0n 2�f� 3l° - 4,3 coo 3 S'4 F /60 1- g x. 00 . b1 boi . J, Ff to I - f 0 Bao 7,66s e, 5(6 I s vao r - i 7 z S 7 oo ! A6 p 6%d7 yYav X30 7Goo t - *7ba )/,P 19 - d1oo D/ - 3.1 Dap 3 7` / i, 6a 1 .. '(p sis�> - 5.3 600 3 i b Abad d I dao �J - 4,3 coo 3 S'4 F /60 1- g x. 00 . b1 boi . J, Ff to I - f 0 Bao g }Ob I`,Y-? Goo 5(6 I s vao r - 3 6 4 U06/ •- e l eod - _ IV 4 ? -fir/_ Jul d0" Ff to I - f 0 Bao 374 g'op t- py000 oce 3 6 4 !'� - P4 00o c�?tel lip fY°a l i*7xP 41 0 b� a s'y pO a (oo go/ - i / S°O -3 r ;- Ff to I - f 0 Bao 374 g'op t- py000 4U- g Z';Q6 1; it%j - 6,0 aov 1?7 P �y� ,.7do/-6 Y' Coe, 3./3 (oo go/ - i / S°O -3 r ;- Ff to I - f 0 Bao "f 9 Ia t - 4}-vro 3 �7 yb A3 ' ?/ eav �200i - 4?ate I fq %sa/-9;k-ODo s�jl ,.7do/-6 Y' Coe, 3./3 ytooi _qy oeb )/,P 19 J 9% Coo s�jl 1v90o%-68��an t�Q/ 9� col -ell~ - 7a,�Df- V cc i • 0 February 10, 1994 Board of Ada County Commissioners Commissioner Vern Bisterfeldt Commissioner Gary Glenn Commissioner Roger Simmons Dear Commissioners: First of all let me say thank you for helping the City of Meridian by approving our updated Comprehensive Plan. We are now able to help citizens, property owners and developers evaluate quality projects throughout our community. Our new plan is used every minute of each day because it was prepared as a working document, and so far it is working! Now that it is adopted, we are able to implement development policies to achieve citizen desires for growth quality. Speaking of citizen desires, we discovered during our planning analysis phase that a portion of Section 33 T. 4N, R. IE, which is generally near Ustick and Eagle Roads, may not be sewerable by the City of Meridian. To verify our future sewer service area, we hired JUB Engineers to complete a full Sewer Facilities Plan. This Sewer Facilities Plan indicated we could provide future sewer collection service to a large area stretching from Columbia Road on the south to Chinden Boulevard on the north and everything in between. Because we have to base todays development decisions on how it affects future sewer service in the outlying areas, we have to include all sewerable land in our expanded Area of Impact and Urban Service Planning Area Boundary. These two planning area boundaries have now been combined into one boundary within the new Comprehensive Plan. This has allowed us to fully incorporate our sewer study into our planning process and the Comprehensive Plan itself. This sewer analysis also identified areas where we could not provide gravity sewer service. As it turns out, the area northeast of Ustick Road and the Eagle Road intersection is not a good area for connection to Meridian's sewer system. Future Meridian collection lines in this specific area would be relatively shallow and there is a possibility that a lift station would be required for proper sewer operation. Property owners in Meridian need deep sewers for good development and our sewer budget cannot support an additional lift station. Faced with these facts,we felt it was reasonable to give us this portion of our Impact Area and allow Boise City to shift their sewer lines into these affected properties_ This shift in impact area was also based on Boise's Sewer Facility Plan which iodicated that they could serve this area with deep gravity sewers, but not any further -wesi than approximately one quarter mile west of Eagle Road on the north side of McMillan Road. We presented this concept at each of our Comprehensive Plan hearings and citizens fully supported shifting this area back to Ada County and ultimately to Boise City for future sewer service. If you look at the enclosed 81/2" x 11" color Comprehensive Plan Map, you will notice that the new City* Impact Area Boundary excludes land areas in Sections 32 and 33 T. 4N, R. IE. All of the gray diagonal line patterns denotes the areas that we have shifted out of our Impact Area back to Ada County. As you review this map, also notice that the area next to the Ridenbaugh Canal at Interstate 84 is another area that we cannot sewer. This land area also needs to be transferred back to Ada County and ultimately to Boise if sewer is needed by these property owners. As you can see, we have fully researched the sewer issue throughout the Meridian area and we now have a plan that is based on engineering data, planning analysis, citizen input, and reasonable sewer service areas far the future. The City of Meridian has fully adopted the new Comprehensive Plan and expanded the City Impact Area boundary based cm this data. Council action was taken on December 21, 1993 with the implementing Ordinance adopted on January 4, 1994. This is Ordinance 9629. The Findings a(Fact and Conclusions of Law from the Planning and Zoning Commission and City Council public hearings and the approval Ordinance #629 include the plan text and the attached map which shows generalized land uses and the expanded Area of Impact boundary and the two areas we have shifted out of Meridian's Impact Area beck to Ada County. Because this map represents Meridian's Comprehensive Planning policy, the City fully expects Ada County to accept the two Impact Shift Areas and commence negotiations with property owners and Boise City regarding future sewer service in these particular areas. We fully support your negotiations with Boise City and the affected property owners to amend whatever boundaries are necessary to allow Boise City to provide future sewer service to the two Impact Area Adjustments as identified on our Comprehensive Plan Map. Because Impact Area and Urban Service Planning Area boundaries are so critical to good planning in Ada County and Meridian, we are respectfully requesting that Ada County approve the Meridian Impact Area Boundary as shown on the enclosed map. We desire Ada County to start the amendment process to our current Area of Impact Agreement in order for the Board of Cotmty Commissioners to fully endorse the Meridian Comprehensive Plan and Map. After this letter is hand delivered to your office, I plan to meet with Boise City officials and interested property owners to reaffirm Meridian's invitation to adjust the Impact Area Boundary between Meridian and Boise. We fully expect Boise City to honor our new Comprehensive Plan and not explore any future sewer development into the colored portions as shown on the attached map. Everything that is shown in color on this map can and will be sewered by the City of Meridian at some point in the future. We will be asking Boise City to formerly honor our request and blend their Comprehensive Plan into a compatible interface between the two communities. Once again, thanks to each of you for helping citizens and property owners in Meridian. We look forward to working with you. Keep up your good work! Respectfully, City of Meridian Wayne S. Forrey, AICP Planning Director cc: Boise City Officials enc: Colored Comprehensive Plan Map attached