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A G E N D A
MERIDIAN CITY COUNCIL ,
OCTOBER 21, 1985
1 ~ ITEM:
MINUTES OF PREVIOUS MEETING HELD OCTOBER 7, 1985:(APPROVED)
1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY CLAREMONT DEVELOPMENT
(ATTORNEY TO REVIEW FINDINGS OF FACT )
2. FROM THE TABLE: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT BY
LORRAINE & CHESTER HOSAC:{ATTORNEY TO PREPARE FINDINGS OF FACT)
3. ORDINANCE# 457: (APPROVED)
4. DEPARTP~ENT REPORTS:
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MERIDIAN CITY
CIL
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OCTOBER 21, 1985
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Meeting called to order by Mayor Grant Kingsford at 7:30 P.M.: ,
Members Present: Bill Brewer; Ron Tolsma, Bert Myers:
I Members Absent: Bob Giesler:
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, Others Present: Lloyd Howe, Chet Hosac, Cora Allen, David Allen,
~ Clyde Rockharm, Carmen Mayes, Oreri Mayes, George Wendt,Ruth DeWard,
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~ Alan Lance, David Powell, James Kiser, Betty Bischoff, R. D. Bishoff,
i Ryan Anderson, Roy Porter, Kevin Robertson, Gary Schaffer, Kenny Bowers,
i Gary Smith, Miriam Barr,.Bob Hammons,. Rick Orton, Dean Mayes, Jr., Lee
j Nelson, Wayne Crookston, Ronda Lowe, Bob Spencer, Arley Nuss, Steve Hosae
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~ The Minutes of the previous Meeting held October 7, 1985 were ap~roved as
; written:
Item #i: Public Hearing Annexation & Zoning Request by, Claremont Develop-
ment Company:
Mayor opened the Public Hearing, is there anyone from the audience who
wishes to testify on this application?
Ruth DeWaard, 525 West Washington Ave, Meridian, Idaho.
Mrs. DeWaard was sworn by Attorney Crookston:
Mrs. DeWaard, we have owned property in the Meridian Area for many years
and I would like to go on record that I favor this request.
There was no.further testimony from the public. 6
Mayor Kingsford stated that there~had been two letters received that were
to be entered into the record. One from M.L. Sutherland, 320 W. Montue
Drive and one from James W. Kiser, 5000 Fairview Ave. 'Boise, Idaho,
Attorney for the Nahas Site Developers.
Mayor Kingsford also read a letter from the Price Development Company
signed by Carl Olson, Vice President of Development requesting that the
developer presentation and response to public testimon~y be deferred until
later date due to Mr. Rasmussen being unavail~~bl~.
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(These letters are on file with these minutes.)
Being no further testimony Mayor Kingsford closed the Public Hearing.
The Motion was made by Brewer and seconded by Tolsma to have the City
Attorney review the Findings of Fact and Conclusions of Law and that
this request be brought up on the November 4, 1985 meeting.
Motion Carried: All Yea:
Item #2: F~om:~he:~~'able, Annexation & Zoning Request w/Preliminary Plat
for Chester & Lorriane Hosac.
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MERIDIAN CITY COUNCIL
! OCTOBER 21, 1985
PAGE # 2• ~
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~ Mayor Kingsford, with regards to this request Councilman Giesler has
submitted th~ following written comment, I feel this should be done on
~ a Conditional Annexati.on and Zone change, the home and property should
j be annexed and included in the plat, water and sewer should be e.xtended
j down Locust Grove Road to end of property,. if these issues are met; I
would have no problems with this request. Also we received a letter
I dated October 18, 1985 from Mr. Osborn T. Stenberg on this subject which
i is to be entered into the record. (These items on file with these minutes)
; Mayor Kingsford, any questions or comments from the Council?
' Councilman Brewer, Mr. Smith what is your thinking on this annexation and
; zoning request, do you still have problems with it?
~ Smith, it is my opinion that the property Mr. & Mrs. Hosac own should be
~ included in the annexation request and as far as I know it.is still part
I of the orqinal description that was submitted. I also believe that this
I property should be part of the plat. This would reduce their cost for
i connection to City water & sewer. It would also insure that water & sewer
' was extended past their property for future extension if something devel-
~ ops to the South.This would make a lot cleaner annexation and allow future
~ splitting of thier property or resubdivision if they chose to sell. ACHD
~ will not allow any lot frontage on Locust Grove Road.
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; Brewer, Mr. Hosac do you have an actual development time table?
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I Hosac, No, this would depend on market and that type of thing.
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Mayor Kingsford, would you be opposed to a Conditional Annexation, Mr.
~ Hosac, that as such time development starts every thing is go?
~ There was more discussion on the subject of Conditional Annexation.
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; The Motion was made by Tolsma and seconded by Brewer to have the City
I Attorney prepare Findings of Fact and Conciusions of L~aw on this request.
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~ Motion Carried: All Yea:
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Item # #: Ordinance # 457:
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~ Mayor Kingsford, An Ordinance amending & changing the Zoninq in certain
! real property which is part of the SW 4 of the SE 4 of Section l,in T. 3N,
I R. 1W., B.M. , Ada County, Idaho. 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 f,rom R-4 Resident-
~ ial to L.O. Limited Office for the following described Land, is there
i anyone in the audience that wishes Ordinance #457 read in its entirety? ~
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i There was no response, it was explained this was the Matunus property
i located at the corner of Cherry Lane and.NW 8th Street which was approved
some time ago and an Ordinance had not been passed reflecting this change.
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j The Motion was made by Tolsma and seconded by Myers that the rules and
~ provisions of 50-902 and all rules and provisions requiring that Ordinances
~ be read on three different days be dispensed with and that Ordinance #457
j as read be passed and approved:
I CITY COUNCIL
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i OCTOBER 21, 1985
~ PAGE # 3:
Motion Carried: Roll Call Vote: Myers, Yea: Tolsma, Yea: Brewer, Yea:
Department Reports: .
City Engineer, Repairs on the sewer line at~the Creamery Bldg. and the
Fire Hydrant replacement project are being completed.
Councilman Tolsma, I would like to thank Mr. Lloyd Howe for his hel-~-. on
the trailer repair place, Omaha called me and this should be cleared up.
Being no further business to come before the Council the Motion was made
by Myers and seconded by Tolsma to adjourn at 8:25 P.M.
Motion Carried: Al1 Yea:
(Tape of these proceedings on file at City Hall:)
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~ Ja Niemann City Clerk
~,/pc : May~ & Council
i P &~ Z Commission
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Atty., Eng.., Fire
Stuart, Ward, Mitich
' Police, Keibert,
~ Valley News, Statesman
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~ Hallett, ACHD, CDH,
~ ACC, ACZ, NIMD, BRA
APPROVED:
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GRANT KINGSF RD, MAYOR '
File ( 3)
Mail (2)
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- _ ORDINANCE NO:. 457 .,
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AN ORDINANCE AMENDING AND CHANGING THE ZONI~NG IN C~ERTAIN REAL
~~' . PROPERTY WHICH IS A PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 1,
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','~ I.N T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO.
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} WHEREAS, the City Council and the Mayor'of the City of
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; Meridian, Idaho, have concluded that it is in the best interest of
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said City to amend and change the zoning from "R-4" Residential
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~;. to "~L=O" Lirnited Office, for the following described land:
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F A parcel of land lying in the SW 1/4 of the SE 1/4 of Section l,
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Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho
~~?; and anore particularly described as follqws: ~
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Beginning at the Southwest corner of the said SW i/4 of the SE 1/4
~ of Section l, also said point being the REAL POINT OF BEGZNNING;
~': thence N~orth 89°49'10" East 262.9I feet along the Southerly
(;; boundary of the said SW 1/4 of the SE 1/4 of.Section 1, which is
}~'~ also the centerline of Cherry Lane, to a point;
~~ thence North 0°24'S0" West 221.94 feet to a point on the Southerly
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t, , boundary of Meridian Manor No. 1 Subdivision, as filed for record
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~. in the office of the Ada County Recorder, in ~ook 33 of Plats at
~ pages 1989 and 1990;
~' thence South 89°49'10" West 262.91 feet along the said Southerly
~~ boundary of MPridian Manor No. 1 S.ubdivision to a point marking
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. the Southwest corner of the s,aid Meridian Manor No. 1 Subdivision;
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~~ thence Sauth 0°24'50" ~ast 221.9~ feet along the Westerly boundary
k of the said SW 1/4 of the SE 1/4 of Section l to the point of
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°-==E~XC~EPT THEREFROM,` -the following described parcel: ~
F ~ A parcel of land lying in the SE 1/4 of Section 1, Township 3
~ North, Range 1 West, Boise Meridiar~, Ada County, Idaho, more
f. particularly described a.s follows:
a
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~ B.eginning at,the South Quarter corner of said Section 1;
;; thence North 89°49'10" East 262.91 feet along the Southerly
~ boundary q£ the said SE 1/4 of Section T, which is also the
~~ ' centerline of Cherry Lane, to a point;
(~: thence North 0°24'S0" West 25.00 feet to a point, also said point
t~~ being the REAL POINT OF BEGI~NNING; thence continuing North 0°24'50"
~;, West 15.00 feet to a point;
~ AMBROSE, . thence South 89°49'10" West 258.27 feet along a line 40.00 feet
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~ FITZGERALD
~cROOKSTOr,
Northerly of and parallel to the said Southerly boundary of the
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~, SE 1/4 of Section l to a point;
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F.O. Boz 427
~; ' Meridlan, ldaho
~ 83842
~ ~~ ~Telephone 888-~r81
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F.e ~ AMBROSE,
f . FITZGERALD
~,'! SCROOKSTON
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j ' Attorneys and
Counselor5
9 ~ P.O? Box 427
~ ~ Meridlan, Idaho
4:`' 63842
° TelepAone88B-4~81
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thence South Q°24°50" East 22.00 feet along a line 30.00 feet
Ea:sterly of and parallel to the centerl.ine of N.W. Eighth~3Street
to a point;
thence North 89'49'10" East 262.91 feet along a line 25.00 feet
Northerly of and parallel to the said Southerly boundary of the
SE 1/4 of Section 1 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 aforementioned real property which is
described ~as follows:
A parcel of land lying in the SW 1/4 of the SE i/4 of Section l,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho
and~more particularly described as foliows: ~
Beginnirng at the Southwest corner of the said SW 1/4 of the SE 1/4
of Section l, also said point being the REAL POINT OF BEGINNING;
' thence North 89°49'10" East 262.91 feet along the Southerly
'~i boundary of the said SW 1/4 of the SE 1/4 of Section 1, which is
! also the centerline of Cherry Lane, to a goint;
thence North 0°24'S0" West 221.94 feet to a point on the Southerly
boundary of Meridian,Manor No. 1 Subdivision, as filed for record
in the office of the Ada Gounty Recorder, in Book 33 of Plats at
pages 1989 and 1990;
thence Sout:h 89°49'10" West 262.91 feet along the said Southerly
boundary of,Meridian Manor l~o. 1 Subdivision to a point marking
,the~.Southwest corner of the said Meridian Manor No. 1 Subdivision;
'"thence South 0°24'50" East 221.94 feet along the Westerly boundary
of the sai.d SW.,1./4 of the SE 1/4 of Section 1 to the point of
beginnin:g.. ~ ~. , '
~ E~XGEPT THEREFROM, the following described parcele
A parcel of land,lying in the SE 1/4 of Section 1, Township 3
Nor~th, Range'1'4Jest, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Beginning at the South Quarter corner of said Section 1;
thence North 89°49'].0" East 262,91 feet along the Southerly
boundary of the said SE 1/4 of Section 1, which is also the
centerline of Cherry Lane, to a point;
thence North 0°24'S0" West 25.00 feet to a point, also said goint
being the REAL POINT OF BEGINNING; thence continuing North 0°24~'50"
West 15.00 feet to a point;
thence South 89°49'10" West 258.27 feet along a Tine 40.00 feet,
Northerly of and parallel to the said Southerly~ boundary of the
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SE 1/4 of Section 1 to a point;
thence North 33°58'S3° 4~Test 8.42 feet to a point;
thence South 0°24'S0°.East 22.00 feet along a line 30.00 feet
Easterly of and parallel to the centerline of N.W. Eighth Street
to a point;
thence North 89°49'10" East 262.91 feet along a line 25.00 feet.
Northerly of and parallel to the said Southerly boundary of the
SE 1/4 of Section l to the point of beginning.
be ~and the same.is hereby rezoned fr-om °R-4" Residential, to
"L-0" Limited Office, and Section 11-2-425, qfficial Zoning Maps
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is hereby~amended to re£lect the same.
Section 2. This Ordinance shall be in full force and effect
from and after its passage and approval as reqnired by law.
Passed by the City Council and approved~by the Mayor of the
City~. of Meridian, Ada County, Idaho, thiso~S-~ day of October,,
1985.
~ST •.~
f~. yCLE:RK ~ ~ J CK •'
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APPROVED:
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~ OR - GRANT P. KINGSFO '
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STATE OF IDAHO, )
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County of Ada, )
I, Jack Niemann, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE AMENDING AND CHANG:I~NG THE Z.ONIN.G IN CERTAIN ~REAL
PROPERTY WHICH IS A PART OF THE SW 1/4 OF THE S'E 1/4 OF SECTI~ON
l~ IN T~3N.~ R. TW.~ B.M.~ ADA~ COUNTY~ IDAHO"~ passed as
~-,,Ordiriance No. ~ by the City Council and Mayor of the City
of Meridian, on,the ~ ~~- day of October, 1985, as the
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' same appears .'i'n m,"y office.
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DATED this r~ day of October, 198'S.
, City Clerk Mf e Gity of Meridian,
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~ Ad ~County, . daho
STATE.OF IDAHO, ) ~.
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County of Ada, )
On this ~~ day of October, 1985, before me, the
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undersigned, a Notary Public in and for said State, personally
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~; appeared Jack Niemann, known to me to be the person whose name is
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~' subscribed to the within and foregoing instrument, and
~., acknowledged to me that he executed the same.
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~i:,'' . IN WITNESS WHEREOF, I have hereunto set my hand and affixed
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~.' my offical seal the day and year in this certificate first above
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~written.
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~~~. ' ° 4SE~L ~'"~' Residing at Meridian, Idaho
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~,. AMBROSE,
~ FITZGERALD
~, BCROOKSTON
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¢ Attorneys and
{j Counaelora
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E'~ ~ P.O. Box 427
' Merldian, IdaAo
~ 83812
{~ ~Telephone 88B-I481
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Adr County.,; '1dr~.ho, sG
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TIME -~jp~~ ' /,~ ' M~~' G~!
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'Deputy
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M. L. SUTHERLAND
320 W. MONTVUE DRIVE
MERIDIAN, ID. 83642
MERIDIAN CITY COUNCIL
CITY OF MERIDIAN
728 MERIDIAN ST.
MERIDIAN, ID. 83642
GENTLEMEN:
OCTOBER 8, 1985
I HAVE RECEIVED NOTIFICATION OF THE CITY COUNCIL MEETING
SCHEDULED~FOR OCTOBER 21ST, 1985 FOR THE PURPOSE OF CONSIDERING
THE APPLICATION OF CLAREMONT DEVELOPM£NT C0. FOR ANNEXATION AND
RE-ZONING OF THE PROPOSED SITE FOR THE REGIONAL SHOPPING CENTER
AT EAGLE ROAD AND THE FREEWAY.
I WILL NOT BE ABLE TO ATTEND THAT MEETING, BUT I WANTED TO
FORMALLY NOTIFY THE CITY COUNCIL THAT I AM IN FAVOR OF THE
REGIONAL SHOPPING CENTER BEING CONSTRUCTED AT THIS LQCATION, AS
LONG AS THE MONTVUE PA RIC SUBDIVISION IS NOT ANNEXED INTO THE
CITY.
I LIVE IN THE MONTVUE PARK SUBDIVISION RIGHT NEXT TO THE PROPOSED
SHOPPING CENTER SITE AND I WOULD RATHER SEE A WELL PLANNED
DE VELOPMENT THERE THAN TO END UP WITH AN UNDESIRABLE COMMERCIAL
DEVELOPMENT AT THAT LOCATION. THE ONLY CONCERN I HAVE IS THAT
THE SUBDIVISION REMAIN IN THE COUNTY AND NOT BE ANNEXED INTO THE
CITY.
THANK YOU FOR YOUR TIME IN CONSIDERING MY COMMENTS.
VERY TRULY YOURS,
l'/~~i j' ~~G2 ~y~~ rY`'"~~'., ~
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M.L. SUTHERLAND
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October 21~ 1985
I~r. ~layor and Council~
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In regard to the request by Gl~aremont Development, I feel
that I would have no problems with it after reading the findings.
If we should receive different testimony tonight 3.n our public
heasing' I would need the chance to go over that information
before voting.
Thanks~
Councilman Giesler
P •
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cIAMES W. KTSER
ATTORNEY AT LAW
6000 FAI~RVIEW AVE.
(FAIRVIEW AT MTN. VIEW DR.1
HOISE. IDAHO 83706
208 376-3100
October 21, 1985
Honorable Grant Kingsford
Mayor of Meridian
Councilman Bill Brewer
Councilman Bob Giesler
Councilman Ron Tolsma
Councilman Bert Myers
City Hall
Meridian, ID 83642
Re: Eagle Road Annexation and Zoning
Gentlemen:
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I write to you as attorney for the developers of the Nahas
Regional Shopping Center site at I-84 and M.eridian Road. In
particular I write for the record in these proceedings to object
to the granting of the annexation and zonin.g of the proposed
Price/Claremont lands at Eagle Road and I-84.
In support of this objection we would like to incorporate as part
of this record all prior evidence, testimony an.d documents which
have been introduced in opposition to this Eagle Road site in
prior proceedings before Planning and Zoning and the City Council.
We would also like to incorporate the Richa.rd Slaughter study and
the City Council's Findings of Fact and Conclusions of Law entered
in the Quong/Watkins proceedings.
Furthermore, we object to the annexation on the grounds that it
violates Idaho Code 50-222 in two respects. One, this annexation
does not provide for the "orderly development" of the City of
Meridian because:
(a) It is outside Meridian's original
sewer facilities plan.
(b) It is 2-1/2 miles from Meridian's core.
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Page 2
October 21, 1985
(c) It has no present police or fire support
and the City has no financial reserve:s to
provide those services even with the
Price "Development Agreement°' with the
City.
(d) It will create an enclave of Ada Coun~~ty
property of nearly one squar~ mile
surrounded by City limits and I-84.
(e) According to the various studies
performed, specifically Richard
Slaughter's, development of a
Regional Shopping Center at 13agle
Road will bankrupt the City in the
early 1990's.
Two, Idaho Code 50-222 is violated because this annexation
property is connected to Meridian only by a shoestring of land. A
layman's view of the annexation map included as part of the
application will show that the vast majority of the~ land proposed
to be annexed has no connection or relation to the present City
limits of Meridian.
We also would contend that conditional annexation and zoning,
conditioned on some future performance by a developer, will not
pass legal muster, and that any ordinance so provided will be void
from the beginning.
Finally, since all evidence in this and other proceedings clearly
shows that the City simply does not have the financial capability
to provide for the services necessary for development at Eagle
Road, then this annexation and zoning violate Idaho~Code 50-1006
which provides in pa.rt:
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Page 3
October 21, 1985
"Neither the City Council nor any
department or officer of the corporation
shall add to the corporation expenditures
anything over and above the amount provided
in the annual appropriation bill. for the
year. ..and no expenditures for• any improve-
ment to be paid shall exceed in any one year
the amount allocated for such i~provement
in the annual appropriation bill."
cer ly, R
J~s W. Kiser
K:da
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PRICE DEV~PMENT COMPANY ~ i
~ 1_J ' I SHOPPING CENTERS / INDUSTRIAL AND OFFICE PROPERTIES ~
35 CENTURY PARK-WAY ~ SALT IAKE CITY, UTAH 84115 ~ TELEPHONE (801) 486-3911
October 21, 1985
The Honorable Mayor Grant Kingsford
and Mr, lJack Niemann,
~City Clerk - City of Meridian
728 Meridian Street, City Hall
Meridian, Idaho 83642
RE: PUBLIC HEAP.ING EAGLE ROAD & I-84
Gentlemen:
On behalf of Claremont Development Company and Price
Development Company, we regret to advise you that as a
result of a death in the immediate family of Mr. Duaine
Rasmussen, Director of Land Acquisition, he will be unable
to attend the Public Hearing scheduled for this evening,
October 21, 1985.
Because of the on-going and extensive involvement of
Mr. Rasmussen in this project, we request that the developer
presentation and response to public testimony received
during tonight's Public Hearing, be deferred to a later date
in view of Mr. Rasmussen's circumstances.
Thank you for your kind consideration,~
Sincerely,
PRICE DEVELOP T COMPANY
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Carl Olson, Vice President
Development
CO/kaf
cc: Rex Frazier
Phil Davidson
Al Lance, Esq.
Duaine Rasmussen
A SUBSIDIARY OF PRICE INDUSTRIES CORPORATION
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October 21~ 1985
i~r. Mayor and City Council:
~ Regarding the zoning and annexation by Hosacs, I feel it should
be a conditional annexation and zone change.
We already have enough in the City unless tfiey are ready to go.
If and when that time comes we could pass it then as requested.
Also~ the home and property should be annexed and included in ~.
the plat.
Water and sewer should also continue down Locust Grove to end
of property which would include the home.
If those issues were met~ I would have no problem with annexation.
; Thanks~
Councilman Gielser
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3600 Greenbrier Drive
Boise, ID ~3705
October 18, 1985
Grant Kingsford, Mayor
Bill Brewer, President,
Members of the PJleridian
Gentlemen:
City of 1l4eridian
I4~eridian City Council
City Council
This letter regards the annexation and zoning of the Hosac property de-
scribed as follows: The NW~ of the SW~, excepting .the North 28 acres
thereof, of Section 5 Township 3 North, Range 1 East, Boise Meridian, in
Ada County.
My name is Osborn Stenberg, residing at the above address in Boise. I am
the owner of 40 acres, the northern borderline of which coincides with the
southern borderline of the Hosac property described above.
My concern is that, as a condition of approval of the annexation and zoning
of the Hosac property, their entire property be platted into lots, including
the area located in the southwest corner which fronts on Locust Grove Road
and that sewer and water lines be extended southward along Locust Grove
Road fo the southwestern most corner of their property where it adjoins
mine.
I regret that at this time this would incur additional costs to the Hosacs
above what it would cost if they would be allowed to extend sewer and
water lines only as far south as to provide service to the residence in
which Mr. and 1Vdrs. Hosac now reside. However this would add proportion-
ate value to their property for future development, and adding that value
will never cost less than at the time the pipe-laying operation is already in
progress.
At some time in the future I hope to abe able to develop my property,
hopefully into its highest and best use and to the benefit of the City of
Meridian and the surrounding community.
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October 18, 1985
Page 2
My concern is that another enclave will be developed within the city limits
of Meridian that might become an obstacle and unnecessary source of future
problems to the development of my property at some time in the future.
V'~hoever might be the owner or owners of that property, now or in the
future, might resist paying for the cost of sewer and water service across
the front of their property where it adjoins mine .
Now is the time to avoid possible future conflicts. I hope and trust that
your concerns about orderly development of the City of Meridian will coin-
cide with mine.
Res tfully yours;~
.
Osborn T. Stenberg
eb
cc: Bert Myers, Meridian City Council
Bob Giesler, Meridian City Council
Ron Tolsma, Plleridian City Council
Gary Smith, City Engineer