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HomeMy WebLinkAbout1994 08-02~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, AUGUST 2, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JULY 19, 1994: 1. TABLED AT JULY 5, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: (TABLED UNTIL AUGUST 16, 1994) 2. TABLED AT JULY 5, 1994 MEETING: LID ORDINANCE - GLENFIELD DITCH: (TABLED UNTIL AUGUST 16, 1994) 3. TABLED AT JULY 5, 1994 MEETING: LID ORDINANCE-DOWNTOWN PHASE 2: (TABLED UNTIL AUGUST 16, 1994) 4. TABLED AT JULY 19, 1994 MEETING: FINCH CREEK FINAL PLAT: (APPROVED WITH CONDITIONS) 5. TABLED AT JULY 19, 1994 MEETING: BEDFORD PLACE PRELIMINARY PLAT BY BRIGHTON CORPORATION AND HUBBLE ENGINEERING: (AMEND FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE ORDINANCE; TABLE PRELIMINARY PLAT UNTIL AUGUST 16, 1994) 6. TABLED AT JULY 19, 1994 MEETING: ORDINANCE #658 - G. L. VOIGT ANNEXATION/ SUNDANCE: (APPROVED AS AMENDED) 7. TABL~D AT JULY 19, 1994 MEETING: ORDINANCE #659 - ST. LUKES/L-0 (APPROVED) ORDINANCE #660 - ST. LUKES/I-L ORDINANCE #661 - ST. LUKES/C-G ORDINANCE #662 - ST. LUKES/C-G 8. TABLED AT JULY 19, 1994 MEETING: AMENDED ORDINANCE #607 - MID- TOWN SCtUARE: (APPROVED) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES REQUEST FOR ANNEXATION AND ZONING: PRELIMINARY PLAT FOR PRESTON'S ASPEN GROVE ESTATES: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; DENIED PRELIMINARY PLAT) ~ ~ 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR SUNDANCE SUBDIVISION REQUEST FOR A VARIANCE: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; DENIED VARIANCE) 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION REQUEST FOR A VARIANCE: (APP~tOVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; APPROVED VARIANCE) 12. ORDINANCE #663 - CHAMBERLAIN ESTATES NO. 2 ANNEXATION: (APPROVED) 13. ORDINANCE #664 - FAWCETT'S MEADOWS NO. 2- ANNEXATION: (APPROVED) 14. PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2: (TABLED AT JULY 19, 1994 MEETtNG) (APPROVEDj 15. PRELIMINARY PLAT FOR FAWCETT'S MEADOWS NO. 2: (TABLED AT JULY 19, 1994 MEETiNG) (APPROVED) 16. PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 5 SUBDMSION BY INTERWEST DEVELOPMENT AND DAVID GOLLINS: (TABLED UNTIL SEPTEMBER 6, 1994 FOR A NEW PUBLIC HEARING) 17. PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING FOR ASHFORD GREENS SUBDMSION BY BOISE RESEARCH CENTER AND HUBBLE ENGINEERING: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE AN ORDINAIdCE) 18. FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK BY STEVE RICKS: (APPROVED) 19. FINAL PLAT: WESTDALE PARK SUBDMSION NO. 2 BY MAX BOESIGER AND HUBBLE ENGINEERING: (APPROVED WITH CONDITIONS) 20. FINAL PLAT: FAWCETTS MEADOW SUBDMSION NO. 1 BY RONALD HENRY WITH CONVENANTS, CONDITIONS AND RESTRICTIONS AND DEVELOPMENT AGREEMENT: (APPROVED WITH CONDITIONS) ~ ~ 21. G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR A TEMPORARY SALES TRAILER: (TABLED UNTIL AUGUST 16, 1994) 22. DEVELOPMENT AGREEMENT: COUGAR CREEK SUBDIVISION (APPROVED) 23. WATER/ SEWER/ TRASH DELINQUENCIES: (APPROVED) 24. APPROVE BILLS: (APPROVED) 25. DEPARTMENT REPORTS: A. SHARI STILES, PLANNING DIRECTOR: 1. RELOCATION PAYMENT TO THE CARPENTERS: (APPROVED) B. GARY SMITH, CIT1( ENGINEER: 1. NEED TO HIRE 1 FULL TIME PARKS EMPLOYEE: (APPROVED) 2. LEGAL DESCRIPTIONS NEED TO BE PREPARED BY BY A REGISTERED LAND SURVEYOR: (CITY ATTORNEY TO PR~PARE A RESOLUTION) 3. SEWER EASEMENTS: ~ • MERIDIAN CITY COUNCIL AUGUST 2, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M. Members Present: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: Others Present: Anna Doty, Wayne Crookston, Gary Smith, Shari Stiles, Jim Johnson, Chief Gordon, Jim Merkle, David Collins, Mike Wardle Gary Voigt, Max Boesiger, Ronald Henry, Steve Ricks, Bruce Borup, David Turnbull, Ann Witherell, Jim Witherell, Thomas Geile, Archie Robertson, Elwood Rennison: MINUTES OF PREVIOUS MEETING HELD JULY 19, 1994: Kingsford: Are there any corrections, additions, or deletions to those minutes? Tolsma: I move the minutes be approved as written. Morrow. Second Kingsford: Moved by Ron, second by Walt to approve the July 19, 1994 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea tTEM #1: TABLED AT JULY 5, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: ITEM #2: TABLED AT JULY 5, 1994 MEETING: LID ORDINANCE - GLENFIELD DITCH: ITEM #3: TABLED AT JULY 5, 1994 MEETING: LID ORDINANCE - DOWNTOWN PHASE 2: Kingsford: If I might batch those, item 1, 2 and 3 all have been requested to be tabled by fhe City Attorney for further consideration. Morrow. So moved Tolsma: Second Kingsford: Moved by Wa(t, second by Ron to table items 1, 2, and 3 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ~ • Meridian City Council Rugust 2, 1994 Page 2 ITEM #4: TABLED AT JULY 19, 1994 MEETING: FINCH CREEK FINAL PLAT: Kingsford: Does Council have any question of staff or the developer? Morrow: Could we have a brief review of as to why that was tabled? Kingsford: Who would be the most likely candidate, Shari would you maybe have a summary as to how that ended being tabled, Finch Creek. Morrow: It was tabled at request but it was a request of the applicant apparently. Corrie: Yes, by Mr. Borup. Stiles: Mr. Mayor and Council the meeting prior to that we tabled it to allow review of the CC&R's and then for some reason they requested that it be tabled I don't know if that is because they weren't sure Mr. Crookston's comments had been met or not. Kingsford: My recollection is that was the only reason, does that meet with everyone's recollection? Morrow. Yes, so my question would be to the Counselor, have those CC&R's been done in the proper format? Crookston: I have reviewed them, it is my understanding the Borup's did not receive those from the City until yesterday or today so they don't have the changes that I suggested into them. I suggested to them that the Council might be able to approve the plat subject to those CC&R's being approved. Morrow. Approved by who? Crookston: By the Council. Morrow. So we won't see those until the 16th is that correct? Kingsford: I think that would be true but by the same token the City Clerk and City Engineer wouldn't sign them until that has been done as well. Morrow: Would not sign the plat? Kingsford: Would not sign the plat so it w~ouldn't go forward if you condition it in that regard. Any other questions of the Council? • • Meridian City Council August 2, 1994 Page 3 Corrie: Let me see if I am understanding everybody right we won't approve this until the 19th so in ather words we would table it until the 19th? Or we would approve it based upon our own Kingsford: That is up to you, what Mr. Croakston is suggesting is that the Council could approve it conditioned upon those being changed and meet with Council approval which would, if you are satisfied with them, if you are satisfied that the attorney review those and meet his approval I think you can condition it to that as well. Corrie: In other words, each of us has to look at it and approve or (inaudible) Kingsford: You can grant the attorney the domain to approve it if you want to, or the Pfanning Director, or you could table it there are a lot of things you could do with it. Crookston: I probably reviewed those at least 2 weeks ago. Kingsford: What was the nature of your comments counselor? Crookston: There was something to do with the covenants, conditions and restrictions, there was some wording differences to be changed. Kingsford: They provide for mandatory homeowner association? Crookston: Not to my knowledge. Morrow. I think the other issue there with respect to Mr. Smith's easement for the sewer route (inaudible) addressed in those CC&R's was that an issue that was not quite clear yet also? Crookston: I don't recall that, you would have to ask Gary about that one. Kingsford: Gary, did that involve an easement on Finch Creek, a sewer easement? Smith: Mr. Mayor and Council members there is a common lot that was provided by Finch Creek for the sewer line from Howell Tract through Finch Creek and to Tract Subdivision. and the developer and engineer revised the lot layout in that particular corner so we do have the 20 foot wide common area and centered the sewer line in that common area. And that took care of that problem. Morrow. Did not the CC&R's needed to address the maintenance specifics with respect to that common lot also is that correct? Was that part of the issue? • • Meridian City Council August 2, 1994 Page 4 Smith: I don't recall that was part of the issue, they do have a requirement for the homeowners association to be formed in this copy of the covenants that I have. I made a few comments on that and transmitted it to Wayne and they were just minor things. They had the subdivision in the wrong section in the preamble of the covenants. Tolsma: (Inaudible) Mr. Corrie asked the question is it a mandatory homeowners association and Mr. Borup said yes. Smith: It is in the copy of the covenants that I have that I reviewed, item 31 on page 6 says, "the Finch Creek homeowners association shall be formed and maintain the common easement lot and the surface drainage disposal system in Finch Creek Subdivision." Crookston: The problem with that is it says shall be formed, the covenants don't in fact bring that to formation. I think that is a problem in doing it that way, because we never know that the homeovmers association is in fact formed. Kingsford: That is like anything else in the covenants Wayne if it is stated like that it is a violation of the covenants and anyone could pursue that through litigation is that not right? Crookston: That is true, it is just, my opinion, better to have it formed right up front and that is what the Council is approving. That is the way most of them are done. Morrow: I think Mr. Mayor, and for purposes of discussion I won't make a motion but it appears to me that all of these technicalities ought to be handled before we take any further action. And if the development folk have not had an opportunity to read Mr. Crookston's comments they may not wish to comply with his comments so it looks to me like we are leaving quite a few things in a gray area that probably v~ould be more comfortably handled by us if they were ironed out prior to being brought to us. It is an observation. And I would entertain the observations of the rest of the Council I guess. Kingsford: I think my recommendation, I feel comfortable with Wayne's review of those changes if they are met. t certainly have no problem with the Council approving conditioned upon that. And again like I said those signatures wouldn't be prescribed to the Final plat unless that was done. I think that is something that can take place in 2 or 3 days versus 2 weeks and 1 don't knowwhat the developers time table is, but he would be waiting 2 weeks for another Council meeting and I think it is something that is basically just technicalities. That I agree with you need to be remedied but it can be remedied very rapidly. Corrie: Mr. Mayor, I would go along with you, if it is mandatory for the homeowners association, not shall but it will, because I am still getting phone calls of areas that don't . Meridian City Council August 2, 1994 Page 5 • have it and there are areas that they don't have clear, covered and mowed and they are fighting among themselves and I wou~d like to see that in there if it can be done. I have no problem with that. Kingsford: Other comments, is there a motion? Morrow: Mr. Mayor, I would move the final plat for Finch Creek be approved subject to compliance vuith the Council and City Attorney's recommendations with respect to the CC&R's and the approval of staff conditions. Corrie: Second Morrow: Moved by Walt, second by Bob to approve the final plat for Finch Creek subdivision conditioned upon the CC&R's being reviewed and approved by the City Attorney and other staff conditions be met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT JULY 19, 1994 MEETING: BEDFORD PLACE PRELIMINARY PLAT BY BRIGHTON CORPORATION AND HUBBLE ENGINEERING: Kingsford: Does Council have questions on Bedford Place? Morrow. I think w~e need to see a presentation by the development folk, the tabling of this was at their request. It has been a month since we have heard anything concerning this. Kingsford: Mr. Wardle. Wardle: Mr. Mayor, members of the Council, I think the issue that come up heard when the Council received the findings of fact and conclusions of law and that has been many w~eeks ago, I don't remember the date. It was at least early July. At that time the issue that was decided was that the requested R-8 zone that the application of an R-4 would be applied to the parcel and at that time I believe Mr. Turnbull who is here requested that the Council defer final action and accept~nce pending the opportunity to discuss those issues and at the last meeting it was simply the fact that not all of those discussions had taken place. So, rather than to address them we simply asked for a delay for the additional 2 weeks. I believe and I don't know exactly what the action was, whether they had been adopted at that previous meeting to whether it was still an issue on the table. But the issue on the subdivision plat was held quite some time ago. Just for a brief review, this particular parcel is in fact contiguous to the subdivision that you just considered, Finch Creek plat lies just to the east. Fothergill Estates lies to the south, the area in this ~ Meridian City Council August 2, 1994 Page 6 s particular section has largely developed through a number of plats that have been on going for quite some time. This is one of the remaining parcels of 40 acre total parcel. When the application was made for the R-8 zone is was basically to be in harmony with all the other adjacent properties. The issues that did come up were of course the size of the property, the individual lots and the size of the homes, the dwellings. I think there has been considerable discussion since. So, some and I don't remember the numbers precisely (inaudible) that was reviewed with a number of the Council members, but approximately 40% af the lots in the subdivision are w~ell in excess of the R-8 standard and many of them range up into the 10, 12 and 13,000 square feet. Based on the location those are primarily on the east and west boundaries and along the north property line adjacent to Ustick Road. So, I believe the issue before the Council at this point is to find a determination on the findings of fact and conclusions of law particularly with respect to the application of the requested R-8 zone and the size of the dwelling to be affixed. I would be happy to answer questions. Kingsford: Questions of the Council? Tolsma: I met with Mr. Turnbull last week and on the entryway into that subdivision or main street in the subdivision I thought that on the corner lots that abut that or that there should be a possible deed restriction or whatever to guarantee that those people that build fences in their back yard do not build them within 10 feet of the back of the sidewalk that goes to that main arterial through there or that main street through there. It seems like everybody with a corner lot wants to build a fence clear up to the sidewalk and there is nothing worse than a subdivision (inaudible) through a tunnel and fences abut the sidewalk in there. That w~ould also make it look considerably better with the green on both sides of the street all the way through there rather than just a board fence all the way through there. The other corner lots basically are the same way, there should be something in there so our fence committee doesn't get over run with people wanting to do away with the ordinance that w~e have in the city or variances on fences. I think if that was rooted in the covenants or just a deed restriction on those lots that abut that main road that would probably ease a lot of the problems on that. He mentioned one time about putting a 10 foot easement along both sides of that and just grassing it and making that the property of the homeowners association to maintain that rather than each individual lot owner along the pathway project that is in the south end of that project. Wardle: Mr. Mayor, I believe that the way your city policy is now the areas shown on the greenbelt has to be homeowners association owned and maintained and therefore nothing could be closer to the street than that particular property line. The other elements I would assume could be looked at and I am not familiar with what exactly your fence setback requirements are but certainly to guarantee that they were met I would believe could be placed under those covenants but that is something that Mr. Turnbull and his counsel ~ ~ Meridian City Council August 2, 1994 Page 7 would have to look at. Tolsma: As far as the rest of the subdivision, he is abutted by R-8 on the south and R-8 on the west and the only other thing we have discussed is the minimum house size and that was 1350 square foot. That is what we had discussed when we met over there. Morrow: I have a couple of questions, with resQect to this plat is not the R-4 plat that basically the findings of fact and conclusions of law that we adopted represent. The next question is that the annexation for this property has not taken place as of yet as per adoption of an ordinance. And so what we are being asked to do then is resend the findings of fact and conclusions and go with a preliminary plat that was essentially the same concept that was presented to us when we came with the findings of fact and conclusions. The concept plan that came before us when the annexation and zoning request had been processed. Kingsford: I think fundamentally that is true Walt with the exception that the developer (inaudible) received an opportunity to visit with each one of you about the trade offs, the amenities that would be here versus (inaudible). And that was between you and him in that discussion. For example if you look at the balance of the thing it meets an R-4. You are talking about a couple of good sized green areas, that is up to you to perceive that to be an adequate trade off to what you stipulated to in the findings. Morrow. 1n correction Mr. Mayor, I have seen no presentation by anybody (inaudible) other than our last meeting, this was heard the 5th of July. Tumbull: Walt is correct, I did place calls to each of the council members, 1 met with and 1 can't remember the specific dates, but I met individually with Bob and Max on the same day although separately. I met with Ron last week, I did place a call into Walt and I never did receive a retum phone call. Bob said he would speak with Walt so I did try to, I know everybody has busy schedules. But 1 did place calls with each of the council members and did meet with 3 of t'he 4. Morrow: For the record we have answering machines and there was no call from your company on our answering machine. Turnbull: Well, I left a message with the secretary or excuse me your wife at home. Morrow. Maybe Turnbull: I called your home first and then called your office. ~ • Meridian City Council August 2, 1994 Page 8 Kingsford: Any questions or comments from the Council? Corrie: Mr. Mayor, David we talked about square footage, your letter here mentions half of them at 1300 and half at 1400 or above and all of them at 1350 and we discussed the 1400. I guess, seeing the greenbelt and all of that I don't have a real problem with the R-8 if we can get this house size up because w~e are moving in that direction that there are no more R-8's as you are aware. Are you, I should say could you comfortably live with a minimum 1400 square foot on the whole thing with the R-8 and the lots the way you designed them nov~/? I know I am asking the same question t did before and t may know the answer and maybe I don't, you may have changed your mind. Turnbull: I think Bob we did discuss, you know how I feel and everything around that property is R-8 and nobody else around that property is proposed to actually install a greenbelt, an open green belt fronted by public street. All I asked was that we be treated on an equal footing with everybody else. I understand that you want to upgrade some of that (inaudible) as a first option that everyone else around has been approved at 1350 square feet minimum. Understanding that you want to get some larger ones and maybe particularly on the perimeter I proposed an altemative that half of the lots be 1300 plus and half be 1400 plus. So our alternative to all of them be at 1350 plus and rn~ are to everybody else around us. 1 understand where you are coming from Bob, but from my viewpoint, I spoke with Rnn and he made a good point about that collector going in and about not wanting fences barricading it aN the way along. I said I agree with that we do place that in our covenants, but in order to ensure that happens I told Ron that I thought we ought to go ahead and put in the 10 foot grass area along the entire length of the collector on both sides and declare it common area so that no fences could encroach upon that. And that does create an attractive entrance not only to our through our project but into the Fothergill subdivision to the south. It helps protect that major collector that would be an entry and exit from the subdivision. So, back to your basic question Bob, 1 know how you feel I think you know how I feel. I would like to be treated no worse than the developments around. Corrie: Let me understand you right, you would do the green area all the way through like you had discussed David if we went the 1350 vve kind of get both ends of this thing. Turnbull: Ron was working for assurances that the fences would be put in, one of the gripes I have is when you don't create that common area that one neighbor will maintain and the next one won't and therefore you have a patchwork going all the way. So, if we install it up front and we maintain it through a homeowners association then it would be consistent. Kingsford: Other comments of the Council? ~ Meridian City Counci{ August 2, 1994 Page 9 ~ Turnbull: I might point out that since the last hearing I did receive a copy of the findings of fact, I pointed out in my letter to the individual councilmen and a carbon copy to the Mayor 3 points that I find I hate to say in error but basically incorrect information in the findings of fact and those I noted in my letter. I would like those to be properly reflected and I also pointed out some of the other issues that we have talked about tonight. Corrie: Is that this one that you are talking about? Oh I'm sorry, if I look at the heading I would know what I am talking about. Kingsford: Is Council prepared to make a decision if it is your desire to go back and allow the R-8 it would be required that you amend you findings to reflect that. Morrow. Mr. Mayor, I have a couple of comments that I think are appropriate here. One is that I think it is up to us, I hear some negotiation going on back and forth in this to what each thinks and basically it is up to us as the City Council representing the homeowners and voters to design the city to our standards and for the development community to comply with what those standards may be. I don't see in terms of annexation request in particular or if w~e determine as a city that there is some direction that we wish to head that we need to be open to compromise. They certainly don't qualify as in fill situations or hardship situations that a piece of property that exists within the city currently and has for some time and needs to be developed. So I think there are a difFerent set of standards there. I think in this situation is if we are going to set a certain level of standards that we want as a city that we ought to determine what those are and not have them subject to negotiation as each time. tt is not up to us to guarantee the development community or anybody else to make money. It is up to us to generate a community that is the goal that we want. I have a bit of a problem here with the negotiations back and forth. If we determine we want 1400 square feet and we want to make the resend our findings and go to R-8 than let's make the determination that every thing is 1400 square feet as a minimum and let the development community and us in the construction community adhere to those standards. I think that would be my comments with respect to this project and the fact that we seem to the in the negotiating position and we are the ones that hold all the cards as a city. Kingsford: What is the Council's pleasure. Again if it is your decision to change you need to do that through the findings first. Corrie: So we would need a motion to change the findings of fact and conclusions that w~ould be zoned an R-8 with the recommendation that the square footage be whatever the motion is and then Kingsford: Not a recommendation a requirement ~ ~ Meridian City Council August 2, 1994 Page 10 Corrie: A requirement I am sorry, and then a requirement of the green belt down that colleetor street. 1 hear what Wa{t is saying and I do agree with him somewhat hov~ever { do feel that everybody I think is on notice of what we are doing as far as R-4's are concerned they happen to be in the line of fire. They are doing some extra things that some of the other haven't. So I will make the motion Mr. Mayor that v~ re-do the findings of fact and conclusions to request the annexation of R-8 zoning with the minimum square footage of the homes being 1400 square feet and that the collector street be 10 foot of grass down the main collector street as well as the entrance. Yerrington: Second Kingsford: Moved by Bob Corrie, second by Max to approve of amending the findings to atlow for an R-8 subdivision, 1400 square feet minimum and the collector street through it be required to have the 10 foot wide green grassed area, roll call vote. ROLL CALL VOTE: Morrow - Nea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: 3 YEA, 1 NEA Kingsford: The next item then woufd be to prepare an ordinance annexing and zoning. Tolsma: So moved Yerrington: Secor~d Kingsford: Moved by Ron second by Max to have the Attorney prepare an ordinance annexing and zoning the property for Bedford Ptace Subdivision, all those in favor? Opposed? MOTION CARRIED: 1 NEA, 3 YEA Kingsford: I guess the preliminary plat needs an approval at this time or it can be continued until the annexation what is the Council's pleasure? Crookston: It should wait until the annexation. Morrow: Should tMe preliminary plat be tabled until next meeting by Council action? Kingsfard: I would entertain a motion to table the preliminary plat to the next meeting. Morrow. So moved ~ Meridian City Councii August 2, 1994 Page 11 Corrie: Second i Kingsford: Moved by Walt, second by Bob to table the preliminary plat for Bedford Place subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea 1TEM #6: TABLED AT JULY 19, 1994 MEETING: ORDINANCE #658 - G. L. VOIGT ANNEXATION/ SUNDANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the pub{ic that would like to have Ordinance #658 read in its entirety? Entertain a motion on Ordinance #658. Morrow. So moved with suspension of the rules. Yerrington: Second Kingsford: Moved by Wa(t, second by Max to approve Ordinance #658 with suspension of the rules, roll call vote. ROLL CALL VOTE: Marrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #7: TABLED AT JULY 19, 1994 MEETING: ORDINANCE #659 - ST. LUKES/L-O: Kingsford: AN ORDINANCE ~F THE CITY OF MERiDiAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL QF LAND BElNG THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is St. Luke's Limited Office annexation, is there anyone from the public that would like to have Ordinance #659 read in its entirety? I vrrould entertain a motion. Morrow. So moved with suspension of the rules. Tolsma: Second ~ • Meridian City Council August 2, 1994 Page 12 Kingsford: Moved by Walt, second by Ron to approve Ordinance #659 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: A{I Yea ORDINANCE #660 - ST. LUKES/I-L: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAlN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND BEING A PORTION OF THE INTERSTATE 84 EAGLE ROAD INTERCHANGE, SITUATED IN THE EAST 1/2 OF SECTION 17, AND THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is the St. Luke's annexation for Light Industrial, is there anyone from the public that would like to have Ordinance #660 read in its entirety? I would entertain a motion for approval. Yerrington: Mr. Mayor, I move that we approve #660 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of Ordinance #660 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, To4sma - Yea MOT10N CARRIED: All Yea ORDINANCE #661 - ST. LUKES/C-G: Kingsford: AN ORDINRNCE OF THE CITY OF MERfDIAN ANNEXING AND ZONING CERTAiN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTEF~, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. !s there anyone from the public that would like to have Ordinance #661 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mr. Mayor, I move we approve Ordinance #661 with suspension of the rules. Corrie: Second • ~ Meridian City Council August 2, 1994 Page 13 Kingsford: Moved by Ron, second by Bob to approve Ordinance #661 with suspension of the rules, roll cal4 vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ORDfNANCE #662 - ST. LUKES-C-G: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATEd IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 9/4 OF SECTION 171N TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like to have ordinance #~662 read in its entirety? Seeing none I would entertain a motion. Corrie: Mr. Mayor, I would move we approve Ordinance #662 with the suspension of the rufes. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #662 with suspension of the rwles, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor, I have a question with respect to Item #6 the ordinance #658 that was the ordinance for the 97 acres of property and was there not supposed to be a deed that was come to us for 4 acres prior to the enactment of that ordinance? Or prior to the signing off of that ordinance for the park. Kingsford: f believe that is correct, t was absentee at the last meeting, f think that was conveyed to you myself by you and I think by Mr. Crookston? How was that handled Wayne, was that a conditional annexation or how was that handled? Crookston: It was, I don't have the particular ordinance in front of ine, Initia4ly there was no condition on the deeding of the 4 acres for the school and or park property. And pursuant to instruction from you Mr. Mayor l did prepare an ordinance that said it was conditioned upon the land being dedicated to the City and or the school and that if it was ~ Meridian City Council August 2, 1994 Page 14 not that it be de-annexed. • Kingsford: I believe that you conveyed that to Mr. Voigt or his representative? Crookston: I did Corrie: if I recafl Mr. Mayor, I beiieve that I mentioned that the deed was to come to the city. (Discussion Inaudibie) Crookston: This particular ordinance is not the one that contains the deeding. Kingsford: Well, pray tell me which ordinance does. Crookston: Another one that was subsequently delivered. Genie delivered it when she was down and I don't know who she delivered it to. This is the most recent. Kingsford: That is the proper one, well that is the one that we will sign. Corrie: And does that read wifl be deeded to the City? Crookston: It is in the later part of section 1 and it is. Kingsford: Mr. Voigt, while we are discussing I understand there was some difficultly with regard to determining just what the configuration would be is that correct? Have you not worked with the adjacent property owners that are doing the same thing to determine just what configuration they are having. (Inaudible) Kingsford: WeN the ordinance says we will de-annex if you don't. I would think in the very near future certainly the plan of what you are going to do with that whole are be in your best interest and certainly ours. So that should be forthcoming. (inaudible) Kingsford: Otherwise you wnuld be developing in Ada County and with that size acreage I think they would allow you some 20 lots. Does that meet with your approval, ordinance #658? C~ Meridian City Council August 2, 1994 Page 15 • Morrow. No it does not Mr. Mayor, my objection is that it says for annexation and zoning on the deeding to the city and/or Joint School District No. 2 of 4 acres in the southeast corner of said parcel. The motion that was made at our prior meeting and was discussed by us on the Council was that deeding would be to the city not and/or. Crookston: So the procedure then would be then a motion to withdraw the passage of the ordinance and to have the ordinance either re-drafted or re-drafted by interlineation now and then 1 wilt subsequently prepare. Kingsford: Well, you can just interlineate that with the old pencil, that is how I work on all my documents. Crookston: To have a final ordinance though I vrnould just re-draft it. Kingsford: I would entertain a motion to withdraw approval of ordinance #658. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to withdraw approval of Ordinance #658, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Is it your desire to amend that by lining it and getting (inaudible)? Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of Ordinance #658 with suspension of the rules by linear change to reflect that the city will be the recipient of the deed to those 4 acres, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea • • Meridian Ci#y Council August 2, 1994 Page 16 ITEM #8: TABLED AT JULY 19, 1994 MEETING: AMENDED ORDINANCE #607 - MIDTOWN SQUARE: Kingsford: AN AMENDED ORDfNANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PRUPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDtAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that wou4d like Ordinance #607 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayar, I make a motion that we (End of Tape) with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve amended Ordinance #607 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTQN'S ASPEN GROVE ESTATES REQUEST FOR ANNEXATION AND ZONING: PRELIMINARY PLAT FOR PRESTON'S ASPEN GROVE ESTATES: Kingsford: Council members you have had those findings (inaudible). Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law for the Preston's Aspen Grove Estates as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law for Preston's Aspen Grove Estates, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea • • Meridian City Council August 2, 1994 Page 17 Corrie: Mr. Mayor, t have one question I would like to ask the counselor if f may. On the comments that Mr. Rennison made in reference to the environmental impact statement woufd that come iater, we discussed that on the phone that it needed to be put in there. Can it be added later? Crookston: It actually depends on what the app~icant proposes to do. Kingsford: Is a representative of Mr. Preston here this evening? For the record those are public findings now, they have been approved, those findings found that the Councit was opposed to the development as he proposed and thereby not allowing. At this point the next item on the agenda v~rould be dealing with the preliminary plat. Morrow. Do we do a decision, do we do a motion on adopting the decision? Kingsford: Welt, you turned the preliminary plat, you turn dov-m the annexation based on your findings. Morrow: Mr. Mayor, I would move that we disapprove or turn down the preliminary plat. Corrie: Second Kingsford: Moved by Walt, second by Bob to disallow the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Do we need to likewise turn down the annexation request Counselor? Crookston: No, because the findings give him an opportunity to re-plat. If he does not do so within 60 days then that failure means that all applications would be denied. ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR SUNDANCE SUBDiVISION REQUEST FOR A VARIANCE: Kingsford: Council members reviewed those findings. I would entertain a motion for their approval if that is your desire? Morrow: Mr. Mayor I move we approve the findings of fact and conclusions of law for Sundance Subdivision as written. Tolsma: Second ~ ~ Meridian City Council August 2, 1994 Page 18 Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law for Sundance Subdivision as written, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: The next item then would be to deal with the variance. Morrow. We need a motion based on the decision of the findings of fact is that correct? Kingsford: Right Morrow. The decision based on the findings of fact and conctusions is that it is decided that the variance from the R-4 street frontage requirement of 80 feet is hereby denied. Yer~ington: Second Kingsford: Moved by Walt, second by Bob to disallow the variance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Again those findings are now public and you will have access to those either tonight or in the morning. ITEM #11: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION REQUEST FOR A VARIANCE: Kingsford: Council has had those findings any questions or comments on those? Morrow. Mr. Mayor, I wou{d move that w~e adopt the findings of fact and concfusions of faw as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law as written, rolf call vote.' ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea ~ ~ Meridian City Council August 2, 1994 Page 19 MOTION CARRIED: All Yea Kingsford: Motion to approve. Morrow: Mr. Mayor 1 would move that the decision of the findings of fact is decided that the variance requested which are set forth in paragraph 3 of the above findings of fact are hereby granted. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the variance request as stated in the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRtED: All Yea ITEM #12: ORDINANCE #663 - CHAMBERLAIN ESTATES NO. 2 ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4!N SECTION 5, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that vu~uld like ordinance #663 read in its entirety? Seeing none I would entertain a motion. Morrow. So moved with suspension of the rules. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of ordinance #663 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #13: ORDINANCE #664 - FAWCETT'S MEADOWS NO. 2 ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 2 UF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the ~ Meridian City Council August 2, 1994 Page 20 ~ public that w~ould like ordinance #664 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I move that we approve #664 with the suspension of rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve ordinance #664 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #14: PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2(TABLED AT JULY 19, 1994 MEETING): Kingsford: Do Council members have questions with regard to the preliminary plat? Morrow: The reason for table at the 19th meeting was? Kingsford: Shari, what was the reason for tabling Chamberlain No. 2 preliminary plat. Stiles: (Inaudible) Kingsford: There were no other objections from staff? Gary do you have any probtem with the preliminary plat for Chamberlain No. 2? Smith: (Inaudible) (Discussion Inaudible) Kingsford: The minutes of the last meeting show that Council President Tolsma (inaudible) "it is moved by Bob, second by Max to table the preliminary plat for Chamberlain No. 2 until such time as the ordinance is approved." All voted affirmative on that. Shari or Gary do you have any problems with that preliminary plat at this point? Smith: (Inaudible) Morrow. Mr. Mayor I would move then that we approve the preliminary plat for Chamberlain Estates No. 2 subject to compliance with all of staff requirements. ~ ~ Meridian City Council August 2, 1994 Page 21 Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the preliminary plat for Chamberlain Estates No. 2 subject to all of staff requirements, all those in favor? Opposed? MOT10N CARRIED: All Yea ITEM #15: PRELIMINARY PLAT FOR FAWCETTS MEADOWS NO. 2(TABLED AT JULY 19, 1994 MEETING): Kingsford: I assume that was also on the basis of an ordinance not being passed. Morrow: And did not Jim make that same presentation and he verbally answered staff conditions? Kingsford: No, this was Ron Henry. Does staff have any problems with those, they meet the same request. Tolsma: Mr. Mayor, I move we approve the preliminary plat for Fawcett Meadows No. 2 subject to the staffs approval. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Fawcett Meadows subdivision No. 2 conditional and staff approval, all those in favor? Opposed? MOTION CARRlED: All Yea ITEM #16: PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 5 SUBDIVISION BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Kingsford: Counselor, for edification not being at that meeting, did w~e meet the notice requirements and so forth to continue a public hearing, was that accomplished, how does this work? Crookston: We can continue that at the hearing without further noticing. Kingsford: So we are on board? s ~ Meridian City Council August 2, 1994 Page 22 Crookston: Yes Kingsford: At this time I will re-open that public hearing for continuance and invite the owner or his representative to speak first if that is their desire or anyone else that would tike to offer testimony. Do you want to make comments Mr. Collins? (Inaudible) Kingsford: Anyone else from the public that w~ould like to offer testimony on the annexation and zoning for Haven Cove No. 5 subdivision? Thomas Geile, 2150 West Pine, was sworn by the City Attorney. Geile: i have received 3 plats for this subdivision that is adjoining my property. The first plat was back in the 18th of January, and then I received a second one with a plat that has been changed partly and then in July I received another plat from the City that was exactly as the same as the first. So I don't understand where we are really going. The letter I had written to the Planning and Zoning Commission requested that the property that I have drains ftom the east to the west. The piece of property that they are planning to develop is on the west side of my property. I was hoping that v+~ could get some sort of sevu~er system that Wvould drain from the high part of my property to the low part of my property in through the part that was being developed. I was somewhat assured and my boy has been talking to the engineer and I believe he met with Mr. Crookston the other that some of this w~ould be taken care of. As far as I have seen none of it has been taken care of. So at this point you get a map first this one thing, a second map that is changed a little bit and a third map that is the same as the first one. I don't know where we are going or what the engineering company is doing. So at this point I would like to have if we are going to improve anything some kind of plat or something that is telling me what they are doing. Kingsford: Mr. Collins can you look at those 3 maps and tell him which one is on first and throw the other 2 out. (Discussion Inaudible) Geile: Well they come from the city, this is the third one the original one, this is the original one I got with this all attached. This is the second one with the road up front, this is the third one that is sent. (Inaudible) Geile: And where this road is not really within the lowest part of my property. ~ , Meridian City Council August 2, 1994 Page 23 Cotlins: We are still working on the sewer design trying to see if we can get the whole parcel onto this sewer or whether we need to take some it down south across the street. Geile: Who is working on that? Collins: I am Geile: I guess I am confused because of what has been coming to me as the plats that have been sent out. It is just not consistent with what I think should be done. So, until we get them I v~rould like to see something in my hand of what is actually going on. Kingsford: What we send out at least hopefully what we send out is exactly what is brought to us. We send them out certified mail, they provide us a list of property owners adjacent and we send out what they bring to us. (Inaudible) Kingsford: So it is the middle map? (Inaudible) Col{ins: That may have been mailed out while I was in the hospital by my daughter. (Inaudible) Kingsford: What kind of a problem does that constitute Mr. Crookston? Collins: I am sorry I was reading what Mr. Collins delivered to me. Kingsford: If we sent out a map that was incorrect where do we stand? I assume that would have been for the hearing that started on the 19th. Colfins: We w~ould need to determine which hearing the notices w~ent out with. The notices whether it was th~ variance or whether it was the annexation and zoning to determine whether or not we have the appropriate map for the annexation and zoning. Stiles: Mayor and Council the variance hasn't even left my desk, nothing has happened with it, we still have the ownership problem. I would prefer to see a corrected plat so that it is mailed out to the property owners so they see what they are going to get and not continually have to go back. Just make the corrections change it and get the road where it is going to be and then have a proper public hearing. ~ , Meridian City Council August 2, 1994 Page 24 Kingsford: What is the issue with ownership, 1 have heard that comment? We don't have an adequate that shows ov-mership for annexation? Stiles: No we do not. Crookston: Mr. Mayor, Mr. Collins just delivered to me right now that says please be advised that we sold our property at 2470 North Pine to IntenMest Development we concur with their desire to rezone the property for purposes of development. Our cooperation with this rezone is in keeping with the terms of our agreement and does not alter any other terms of that agreement. It is signed by a person, the first signature that I can't tell what it is. One appears to be by the name of Joann C. Conrad. There is no indication that they are the owners and no indication that 2470, just on this document, 2470 North Pine is the property that we are dealing with. Stiles: We have never received a valid warranty deed from them, all we have is an option agreement or something. Morrow. Mr. Mayor, I think in the interest of time it appears to me that this is one of those presentations that sometimes comes before us where everything is not in proper order, not very w~ell done and that it is contingent upon us to either remand this back to P& Z or table it until all of the proper documentation all of the questions are answered. I have before me 3 letters before me that were done in February by various property owners one of which is Mr. Geile. There still not clear in his mind nor is it c~ear in my mind what is going on with those properties and how those things are being done. Certainly we delegate to our staff responsibilities to put these things in proper sequence. We are delivered a letter here 8:30 or so the night of the hearing that would seem to or at least the applicant's desire is we would press ahead with that as evidence of apparently warranty deed interest. And none of that seems to make sense to me. 1 think what probably what ought to happen from my perspective is at the very least it be tabled until some point in the future when all of these things are put in the proper format. All the questions are answered in terms of the staff and the surrounding property owners. Those v~rould be my comments. Kingsford: Any other comments from the Council? Corrie: I agree, that is not much of a comment, but I agree with him. Tolsma: Is that a motion Walt? Morrow. It can be if you wish. Kingsford: Given that would it be your desire then to continue the public hearing until ~ Meridian City Council August 2, 1994 Page 25 those proper documents. Morrow. No ~ Kingsford: Anyone else from the public then that would like to offer testimony at this before I close the public hearing? Collins: (Inaudible) Do we need a warranty deed, fhat means he needs clear title to the property before we can proceed with this? That is my question. Crookston: You have to have the consent of the titled owners. Collins: So I need to back that with proof that the Conrads own it. Crookston: The legal description should tie in so that we can show that Mrs. Conrad and this other person own the same property that you are asking to be annexed and zoned. Kingsford: I will close the public hearing, Council members 1 entertain your motion. Morrow. I v~ould move that this project be tabled, and we have to do it to a date certain in the future? Kingsford: Correct. Morrow. Which the meeting of the 16th would be too quick in terms of the notification so Anna what woould be the next meeting that it could be accomplished by? I would move that this be tabled until September 6th. Yerrington: Second Kingsford: Moved by Walt, second by Max to table Haven Cove Subdivision annexation and preliminary plat to the September 6th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND HUBBLE ENGINEERING: Kingsford: At this time I will re-open that public hearing and invite the owner or his designee to begin. • Meridian City Council August 2, 1994 Page 26 ~ Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Mayor, the particular evening in question was the hearing for the annexation and zoning issue related to this project and we had requested that it be continued or deferred and frankly when it got to that hour of the moming I wasn't present. The simple issue really is one of completion of annexation of the portion of the property and I am not going to put out the big board tonight but simply pass to the Mayor and Council the vicinity map that shows the parcel. Previously the land to the north and the land to the south was annexed by prior ordinance, the Gotf View Estates was annexed in the area to the south. The portior~ of the Fuller and Thomas properties a portion of which this parcel is were annexed previously also to R-4. We simply have requested completion of that to an r-4 zone and that is the issue that is before the Council. Kingsford: This is the former Baxter property, Thomas property that was not in the city limits that is part of the project to expand the golf course to a larger area. Tolsma: (Inaudible) Wardle: Yes, on the north 30 acres was previously annexed and I don't know why they were separated but that is correct. Kingsford: 1 think it was at one time different ownership of those or something I don't remember how it worked. The rest of that property was ann~exed I believe back in the late 70's early 80's. Corrie: We did acquire from the City the ordinances that brought in both of the parcels to the north end south of it and checked the dates. This one is the last parcel lying east of Black Cat Road. So I would answer any questions but that is the really the sole issue. Kingsford: Any questions of Mr. Wardle from the Council? Morrow. The only question I have is the letter that ACHD, dated today and received today have you reviewed that with respect to. Apparently what they are trying to get at is they have some problem with the collector status of (inaudible) Wardle: May I read a copy of that I have not seen it. Morrow. I have not read the whole thing either. Kingsford: (Inaudible) talking about Interlachen being a collector in their functional street classification. • • Meridian City Council August 2, 1994 Page 27 Morrow. The status af collectors has changed and that this is now a sub-standard collector. Wardle: Yes Mr. Mayor, Mr. Morrow because of the frontage of the homes on Interlachen is the reason for that statement as I read it. I don't know if that has a direct relationship to the annexation. It is certainly an issue that needs to be discussed in the preliminary plat that I believe is before the Council in 2 weeks. Kingsford: Any other questions for Mr. Wardle? Wardle: Thank you Kingsford: Anyone else that w+ould like to offer testimony on this issue? Seeing none 1 will close the public hearing. One of the things Mr. Turnbull that you and I have a concern about and l have discussed it with you on at a couple of occasions is with regard to the deed for transfer of the golf course area. I knew I was going to be absent last time and asked the Council to condition an annexation based on that transfer in a timely fashion. Where are you at with that? (Inaudible) Kingsford: Would it be possible to have that at the preliminary plat stage? (inaudible) Kingsford: Wou1d you come up here, we are getting several things here that won't be on tape. Turnbull: I just would like to have a meeting before that on the 16th for the preliminary plat hearing and make sure w~e are straight on aH of the issues. So that we know that once the preliminary plat is approved and things are going forward we are ready to get the deed and get rolling on the development of phase one. Kingsford: My concern was that not too much development take place and us have to traverse streets and so forth with materials. Corrie: What conditions are you talking about? Tumbull: Well the sewer issue and I think vve have it all worked out I just want to be clear on it that we have sewer ability to the property and so forth worked out. • • Meridian City Councit August 2, 1994 Page 28 Morrow: I think my concerns would be that if in fact we are w~orking on this from a standpoint of a deed to the city of the property that we have that deed as quickly as possible and there is a potential for being held hostage so to speak and the negotiating things that are down stream that may not be issues at the current time. Crookston: I think that is something that the counselor will spell out in that ordinance. And basically w~e are prepared to grant the city the deed we just want to know that we have the approvals on sewer and water and so forth to proceed with development. There is no sense of us giving a deed to the property if we are not able to develop. And you and I talked about that and I think we are all ready to go. Kingsford: I don't think w~e are in disagreement, but if he can't get sewer and water I guess you would like to farm. And likewise if he is going to develop we need to be developing a golf course. I don't think it is a held hostage issue I think it is a timing thing and we need to make sure the t's are crossed and the i's dotted and so forth. Corrie: Just as long as those things whether it is sewer and that sort of thing nothing nuts and bolts that we talked about earlier. Doesn't have to do with the zoning? Turnbull: No, issues of the platting. Kingsford: Any other questions? Counselor? Crookston: 1 can bring it up when you go to make your motion. Kingsford: I believe I closed your public hearing. Tolsma: We need a motion to approve the findings of fact. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law for Annexing and zoning Ashford Greens subdivision, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea Kingsford: The next item then would be to have the attomey draw up an ordinance annexing that portion of Ashford Greens subdivision. • Meridian City Council August 2, 1994 Page 29 ~ Crookston: Is this designed to be conditionary as was the Voigt condition on the deed of the golf course property. Kingsford: t personally think that is not a bad call. Morrow: I think it ought to be consistent what is good for Mr. Voigt is good for this subdivision and we ought to be consistent in terms of the City Council. Kingsford: I don't think the second was finished do you want to back up on the motion? Yerrington: Withdraw, I make the motion that we have the City Attorney draw up the ordinance with conditions so stated. Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney draw up an ordinance annexing and zoning a portion of Ashford Greens subdivision conditioned upon transfer of title for the golf course portion to the city of Meridian, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINAL PLAT: MIDTOWN SQUARE COMMERCIAL PARK BY STEVE RICKS: Kingsford: Are there questions from the Council on that issue? Morrow: Shari has a letter dated the 29th, apparently she has 3 or 4 comments or thoughts in that letter. Can you talk about that? My questions, item #1 was city of Meridian's ordinances must be complied with for landscaping, buffer zone, screening, parking, etc. particular attention must be paid to the buffering the adjacent residential use. Item #2 was the city of Meridian Comprehensive Plan encourages a landscape setback of 35 feet along the entrance corridor. We took some actions at our last meeting that w~ould seem to indicate that is not our current policy with respect to project that we (inaudible) veterinary clinic. Ada County Highway District review and approval is required prior to the issuance of a building permit. (Inaudible) give us more or are you telling us in terms of our motion that we should cover those things? Stiles: Yes, Councilman Morrow I am. I realize that last time we fa(ked about the veterinary clinic which was an unusual piece of property and very limited frontage. Across the street from almast across the street from this will be the new West One Bank. And they have complied with the 35 foot landscape setback I would like to continue to encourage 35 foot if it is at alt possible. ~ Meridian City Council August 2, 1994 Page 30 • Kingsford: Any other comments? Would you like Mr. Ricks to address that? Ricks: This is the first time that I have seen this, I will just go through them one by one. We have, Shari was that about March or April or February when w~e brought the plat layout into you and Wayne, it was your first day. When Wayne Forrey was still here we w!ent through the (inaudible) layout on this office park and received Shari's and Wayne's blessing on our setbacks. The sideline, back front landscaping, parking and everything, so w~e went ahead and designed to those standards which were in the Meridian City code at that time. If there has been a code change I am not avware of it. We designed and laid out the 4 buildings in this office park to those setbacks. I know along Cherry Lane we have some 35 feet back of the sidewalk, from back of sidewalk to the buildings. That is on the Cherry Lane side, on the entrance which is I think the County Engineer called that Cresmont Drive, 1 think it is about the same. On the back which v~ould be the east side of the office park against that four-plex I think it is about 25 feet as our setback. Kingsford: I don't think that would be applicable, we are talking about the Cherry Lane corridor I think is what we are (inaudible) here. Ricks: I think we are at least 35 feet from back of sidewalk to building wall. Kingsford: I think that was just a general statement that you put in this (inaudible). Ricks: Well, you can generally see what is there, berms and trees and what not. I think that would probably cover item 1 and 2. Item 3 we have received ACHD's preliminary approval, they should be signing the plat at their Thursday meeting this week. There is no public street into this, that is the main reason I am here tonight. Mayor and Council is it simply a central parking lot which the 4 buildings all face into the parking lot. But I noticed the County Engineer requires us to name that anyway so we put a name to it but it is not a public street. Number 4, a CU permit for office space, I think I have sent Shari some of the inquiries and referred them to Shari and didn't appear to me to be professional office space inquiries. 1 believe she has handled those inquiries appropriately they haven't called me back so I am assuming they didn't want to go through with the CU permit. 1've go# the plans all ready for site review now. 1 don't have any problem with this and I think we have complied Mr. Mayor. Kingsford: Any questions otherwise for Mr. Ricks? Morrow. Have you seen Gary Smith's comments or Bruce Freckleton's comments under Gary's signature, based on the 27th of July, the 5 things that they have alluded to? Ricks: Yes ~ • Meridian City Council August 2, 1994 Page 31 Morrow: And you are in agreement with those? Ricks: Yes, Mr. Mayor and Mr. Morrow, I received those last Friday and they are simply housekeeping items. Kingsford: Any other questions from staff, are you prepared to make a motion. Morrow. Mr. Mayor, I move w~e approve the final plat for Midtown Square commercial park subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat for Midtown Square commercial park subject to staff approval all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: FINAL PLAT: WESTDALE PARK SUBDIVISION NO. 2 BY MAX BOESIGER AND HUBBLE ENGINEERING: Kingsford: Does Council have any questions for either the developer or his representative? Morrow. I would like to see a short presentation on it by Mr. Boesiger and have the staff make whatever comments they may wish to make. Boesiger: Mr. Mayor and members of the Council, have you seen any presentation on Westdale No. 2 at all? Morrow: I don't believe I have. Boesiger: This site plan here will kind of help you to get accustomed to where it is. This is Cfoverdale Road, Fairview is right up here and Franklin ~nrould be down this way. Westdale Phase 1 is apparently developed and finished and filled with houses. Of course Phase 1 was in Boise's Impact Area and this is the dividing line here so now we are doing Phase 2 in Meridian's Impact Area. The construction of Crossroads subdivision to the west is what made it ~ssible to do this project because it brought the sewer and water to us. So we are ready to move on that, this right here is the future Pine Street is already showing along the southerly boundary of Crossroads subdivision out here and it comes along and Pine Street meanders down and ties in with Executive Drive. So this is on ACHD's plan to eventually extend this through there is no timing on that yet. So Phase 2 . Meridian City Council August 2, 1994 Page 32 • is basically a mirror image of Phase 1 botM parcels are identical in size and they are very similar in design. It ends in a short culdesac at this point here there is a road, a stub street to the north and a stub street that comes down into the future Pine Street extension. Kingsford: What does the one go to the north then Max? Boesiger: Nothing, it was just something that was provided for, to the north is the Seventh Day Adventist (End of Tape) long term development plans for that ground but they are assuming that it will be probably be some kind of open space or ball park maybe another school facility of some sort. So they thought they might need access at this point in time they just don't know. So this is the Phase 2 portion, the lots are fairly narrow but they are very deep so they have huge badcyards. We are requiring a 25 foot front setback minimum for these houses because we have so much depth and in the phase one portion of it it really made for a nice looking project because of the 25 foot setback. And even with that these yards are stilt very large. The price range of the houses probably runs from $115,000 to a$140,000. We agreed to require a minimum of 1500 square feet for the house square footage. This portion on the big plat here, this is the Pine Street extended and you can see how it comes through here and begins to meander away. We are going to put in a landscaped 25 foot wide landscaped buffered landscaped area here along that road. Kingsford: Is that called out Max so that a purchaser there would know that they are going to be double fronted? If not I think there ought to be a note on the plat to iden#ify that. Boesiger: Well, they are actually not double fronted because this is a separate lot so they can't take access across it without the approval of the homeowners association. And of course they can't anyway because ACHD will deny. So it really isn't a double fronted lot because. Kingsford: That is a homeowners Boesiger: Yes, there will be a fence and a berm and they won't be able to use that. Do I have any questions on the general concept of it? I have a few other comments. Morrow. The general concept is in line (inaudible) out there. A couple of specific issues with respect to pressurized irrigation and those amenities that we require that Boise doesn't could you address those for us please. Boesiger: Yes, there is a real interesting point here, I kind of hate to bring it up because to be it was bad news, but we do intend to put in pressurized irrigation in this phase. We wanted to in phase 1 but w~e couldn't get it organized v~ don't have water rights so v~e just • • Meridian City Council August 2, 1994 Page 33 w~eren't able to get it put together in phase 1. We have since found out that we are on the water rental rolls which is different but there are laws at the State that gives those who are on water rental rolls nearly the same water rights as those who have water rights that go with the deed. Something we never knew about until this year. Morrow: I don't know what a water rental roll is could you explain that to me? Boesiger: No, because I don't know either. Kingsford: Being an old farmer there is a different water allotment that says specific properties have the right to rent water but it is contingent upon availability they don't have rights in the dams and reservoirs that a water right would have specifically for an irrigation district. Morrow: I got it Boesiger: From what I am hearing they never in the past denied people who were on the water rental roll water without also denying those who have deeded water. So it must be a pretty secure system. Anyway we weren't able to put it together in phase 1 so we went ahead and designed it for phase 2 and we felt that now we have this new option that w~e would go back to the people in phase 1 and say would you like us to retrofit your lots with pressure irrigation and we said we would get back to them on what that would cost. We did our calculations and found that we could provide them with pressure irrigation water for $600 a lot which we felt was a pretty fair number. We thought it would pay itself back in a minimum of 3 years on these big lots and that their total yearly water bill w~ouldn't be more than $100 a year. We asked them to just commit they didn't have to send us any money just commit that yes I would like to have it and I would be willing to pay the $600 and I am willing to pay the $100 a year water bill. If we just had a commitment from them then we would go ahead and engineer it. There are 38 people in phase 1 we got 4 commitments. It is something to think about , it is not as big of thing to the general public as we think it is. I happen to agree with all of you though, v~ have to do it. Apparently the general public doesn't agree with us. Morrow. I would say it is a$600 deal. Boesiger: You and me both. Morrow: When they get their bills for sprinkling and they are well in excess of $100. Boesiger: Aii of those people, well almost all of them have their back yards in, they know what it is going to cost them. • Meridian City Council August 2, 1994 Page 34 Morrow. (Inaudible) . Boesiger: One point I need to mention if, we just received this letter from Shari Stiles today outlining 5 points. The first one there being that this final plat is in general compliance with the approved preliminary plat for this subdivision. We concur with all of these points, except for one and I think w~e just need a clarification on it, on item #3. There it says as the adjacent zoning to the south is currently M1 the 20 foot landscape buffer should be continued along the entire southern boundary of this subdivision. Now if the preliminary plat hearings the City of Meridian made the requirement that we put in a 15 foot wide berm landscaped and fenced buffer strip and by the way we have since made that 20 foot wide. And that it should be provided along the south subdivision boundary adjacent to the north side of the pine street extension. Now like we mentioned before Pine Street meanders away from this parcel of ground and it leaves this parcel of ground right at this point here. If you look at the big map, there is a long sliver of property here that goes all the way back to Cloverdale Road and of course as you get further towards Cloverdale this triangle gets thicker and thicker. Our intention of course was to run this 20 foot landscape strip to the end of our property and then whoever develops this property here vuould theoreticaiiy continue it or there would be some other kind of additional buffer. It makes sense tha# this whole triangle at least probably to here v~rould all be buffer, end up being a buffer because what else can you do with a piece of property tha# probably isn't deeper than 50 feet at this point. I would anticipate that will all end up being buffer along there. So contributing another 20 feet out in the middle of kind of a no man's land doesn't make sense. And I don't think that was meant here, I think what might , 1'm not sure of this but Shari can straighten us out on this. For some reason we have stopped this landscape area right here and of course we need to continue that on like this. And of course we would be happy to do that. If that is what she meant then of course we will do that. If she meant bringing this 20 foot strip all the way along here I don't think that makes sense for the homeowners here to maintain a 20 strip of ground that is kind of out in no man's land that no one can use or see. Corrie: Do you have any idea of what that little triangle is going to end up as, a dump ground or is the County buying it, that could be a mess. Boesiger: The only thing I know of, you are referring to this area here, the only thing I know of is this whole section here is owned by Van Auker and I think he is kind of partnering up with Dick Phillips. Anyvv~ay, they are looking at putting some high density type apartments, townhouses that kind of thing in there. And I think they are kind of going to use Pine Street as their secondary access so they will probably motivate the eventual extension of Pine Street. That being the case 1'm sure that area would end being some kind of a buffer in there, 1 don't know what else they can do with it. ~ Meridian City Council August 2, 1994 Page 35 ~ Morrow. I think this is another example of the problem with the 1/4 mile west of anything for Impact Areas and ultimate city limits. Quite candidly Max's presentation here, the city of Boise through their impact area would be administering the part that had something buildable on it, should it be Mr. Van Auker's presentation v~ would be administering what amounts to a green area. As I see it based on the information that Max has given us. I agree with the information that he is giving us. It is unusable for anything but a buffer. But I#hink the other thing is how do we get to that point when that proposal comes before us it will be just for that sliver of property because the rest of it. Kingsford: One thing that I guess comes to my mind that I think maybe and I guess we are all speculating on what Shari's comment was. Certainly if I were in your shoes and we anticipate that either high density or commercial or whatever Ron elects to go with and tries to sell. It would behoove you to have some buffering from that and particularly as deep as those lots it might very well be in your best interest and I think in ours in terms of disgruntled property owners that might be extended along there disrespectful of where Pine Street is at that point. Boesiger: But don't forget these lots have backyards that are 100 feet deep and that in itself is an awfully good buffer. And where you already have a 20 foot landscaped berm and fence I think you have plenty of buffer there. Kingsford: Not having review~ed your covenants or whatever and knowledge of that depth of lot and what people don't do to them, I am concerned about an extension of not doing anything to them. Now if there is something green back there it is going to encourage them to deal with their lots and those vvould be nice and they would be separated from whatever it is to the south. Boesiger: Now remember that those people that live along there vwn't even be able to see this nor will they be able to use it. They would have to cross private property to get to something that they maintain and what can you do with a 20 foot wide berm, you can't even have a picnic on it. I have a hard time seeing the practicality of spending the expense of maintaining a green berm out in the middle of a field for who knows how long and then even when it does finally get built being out there mowing a 20 foot wide patch of grass next to whatever else it is just doesn't make sense to me. There is an expense there that (inaudible). Kingsford: It certainly protects those people from whatever might be developed there and c~rtainly and lends a little credence to the Council in a transition from something be it high density housing or commercial or industrial or whatever. Boesiger: Here is another consideration too is that there is a ditch, I don't know if you can ~ Meridian City Council August 2, 1994 Page 36 ~ see it here but this straight line here is a ditch it flows through here and that ditch also separates Pine street from our projeet. So t think that in itself becomes another form of buffer something that will keep any kind of development other than open space from going in there. It seems to me that you in your position would have the ability when that plat does come in, by the way I should clarify he vuouldn't just be bringing this little triangle in he wr~uld be bringing this whole piece in. I think they own, I don't know if they own clear to Eagle road or not, but they own close to it. So when they bring that in that will be a full blown project of some sort. I think you can look at this and see that there is buffering needed in certain areas even he is going to need to buffer up against the railroad tracks. So I think that is going to be all part of his plan. Morrow: The sequence of your buffer along the Pine Street Extension to clarify in my mind it starts out with the tandscape area then the fence and then the property. Boesiger: That is correct. Morrow. So the homeowners that have the lots adjacent to the buffer don't have any access thought the 24 foot buffer strip. Boesiger: No they don't have access, they would have to jump the fence. Morrow: I was confused because I was thinking the other way. Corrie: You also realize that you have a little fire department problem since Boise goes and takes that in that other section. Is it annexed to Boise novi/? Boesiger: I am not sure I understand your question. Corrie: No. 1 is that in Boise city limits nov/? Boesiger: No it is not. Corrie: Okay when they do that if Boise fire department until that road gets through v~ have to eome all the way around Cloverdale and come through Boise's territory to get into ours. Boesiger: That is correct but we do have an agreement, it was arrived at betw+een Meridian, Kenny Bowers Corrie: And Whitney right now ~ ~ Meridian City Council August 2, 1994 Page 37 (tr~audib{e} Kingsford: ft is Whitney through Corrie: if the thing gets annexed it will go to Boise and it will be taken over by Boise. Boesiger: (Inaudible) worked it out betv~een themselves that they would be able to serve it in the interim until Pine Street goes through. Kingsford: The interesting thing about that Bob is that was the dividing li~e for Meridian fire district all along. Corrie: I know it. (Discussion Inaudible) Corrie: There is an agreement now but there is no agreement between Boise and Meridian is what 1 am saying. We are going to run into the same problem north, the whole section is going to be a real problem. Morrow. (Inaudible) v~e just annex to the center of Cloverdale Road, Mr. Van Auker is agreeabie to that. Boesiger: I would have been too. Corrie: I have one other question Max, in reference to a letter we got in reference to drainage, did you get this letter about your subdivision draining into Crossroads and they vwuldn't altow it, Settler's? It is no problem as far as you can find out, just wanted to make sure you had a copy of it. So you are an R-8 with a 1500 square foot minimum. Morrow. You have read Gary Smith`s comments and are agreeable to all of those on the letter dated July 27th? Boesiger: Yes Morrow. Mr. Smith, do you have any comments with respect to this. Could we have Shari enlighten us with what she meant with respect to the berm issue? Stiles: Mayor and Council, the landscape buffer doesn't really have that much to do with Pine Street although it is needed against the high traffic that (inaudible) expected there. The buffering is in our ordinance and comes about as a result of the adjacent property ~- i Meridian City Councii August 2, 1994 Page 38 being zoned M1. Now Mr. Boesiger has told you stories about what is may be happening and stories he has heard about what is happening but at this time we don't know it is M1. Especially with that little unusable piece of property there that you don't know what its going to be it could be dirt, it could be who knows what its going to be. If it is going to be in the right of way, it is certainly not going to be maintained by Ada County Highway District I was just concerned that those people be able to have the same buffering that is afforded to the remainder of the subdivision. We don't know what is going to be and the thing of it is it is zoned M1 right now. Morrow: M1 in Ada County. Stiles: Right, which means they could put a gravel pit there if they decided. Boesiger: Do you have no say so when someone comes along with a plan that meets M1 standards you can't require anything of them? Kingsford: You can require things only so long as they apply to that particular zone. We would be limited greatly and that is what I alluding to Max with regard to protecting that subdivision from subsequent development. Tolsma: (Inaudible) Morrow. But the other thing is from a practical standpoint is that if they want any kind of services they have to be zoned and annexed to our zoning and annexation. Kingsford: That is correct. Morrow: And the health department is not going to approve any septic systems there for commercial or industrial development, it is pure and simple. So they are going to be annexed by either us or Boise. 1 don't know what that says I just thought I v~uld make the comment. Kingsford: Again, my experience has been where you have a transition from residential to I guess you could say less desirable that I would like to protect those people as much as possible. Regardless of who may be sitting here later on and whether they ele~t to say well woe wnn't give you sew~er and water or whether they do. I think you are going to build it sel{ it and be gone and f would iike to see, and I know you build quaiity projects but I would like to see that those things not be a thorn in the side of the city long term. I don't know that necessarily a landscape berm but maybe something, I am getting real big into some of these foot paths and stuff. I have said this several times but I absolutely enjoy going over and seeing my brother and walking around some of those areas in Hewlett ~ ~ Meridian City Council August 2, 1994 Page 39 Packard area. There are some neat things, they have some trees, just walkways and so on. I think there could be some things that become a transition change but it v~rouldn't necessarily have to be a berm. Tolsma: (Inaudible) commercial property if such developed down there we require them to build a buffer area between residential also as far as lighting, sound and noise and everything else. (Inaudible) most all of our commercial is abutting residential on Fairview over there (inaudible) amenities to protect housing behind it. Corrie: (Inaudible) Boesiger: I think another thing you have to consider too this I'd consider if I lived there is going off and capping off that sprinkler system in that stretch and just let it die because why spend all of that money on something that no one can see or use. I think that is probably what they vwuld end up doing and then what do you have, you have a piece of ground that become a 20 foot wide by 450 strip that will never change. People aren't going to move their fences badc they are not going to do anything about it, I think because of the practicality of it, it is going to end up being a problem in the future if we don't design it in such a way that it is beneficial to the people of Westdale. Morrow. I think the way to handle that situation is to make it a common tot like you already have it on the rest of this stuff and it becomes the homeowners responsibility. And then if the homeowners association does not maintain it the City has a hammer reai quick to maintain it and to take care of it. I think that if the desire is to have that 20 foot berm continue on than it ought to be part of the homeowners association and not left up the individuaf property owners to maintain it. You are absoluteiy right if it is left up to the individual property owners to maintain it they won't touch it. Boesiger: What 1 am saying is that the homeowners association may choose not to maintain something that they cannot see or use that is all I am saying. Morrow. And what I am submitting back to you is the city has a hammer to force them to maintain it. Kingsford: The other thing that w~e are not really considering again will be abutting Boise, is that is not extended through their portion. You have something that runs off their and it stops at a particular lot and those homeowners are not gaing to differentiate betv~en who is in Boise and who is in Meridian when they are looking out their back yards. I don't know I guess it makes a logical determination as it is shown as it might in any regard. Corrie: There is nothing in the things about making that a pathway along there is there, ~ • Meridian City Councii August 2, 1994 Page 40 I am not aware of it. Morrow: The other thing is quite candidly when Mr. Van Auker and his group come before us we can offer some encouragement to do something with that Iittle triangular piece of property in terms of whether it is high density residential or commercial or industrial that would serve to buffer the lots that are under us at any rate and quite candidly it comes a bastard piece of property. Because there is nothing he can do with being in Meridian and the rest of it being in Boise un4ess we annex it all. Kingsford: Any other questions of the Council? Entertain a motion. Morrow. Mr. Mayor I would move that we approve the final plat of Westdale Park subdivision No. 2 subject to staff conditions and that the berm configuration be as presented. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Westdale Park No. 2 final plat conditioned upon Staff recommendations being met and stipulating that the berm be developed as presented in the presentation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: FINAL PLAT: FAWCETT'S MEADOWS SUBDIVISION NO. 1 BY RONALD HENRY WITH C4VENANTS, CONDITIONS AND RESTRICTIONS AND DEVELOPMENT AGREEMENT: Kingsford: Counselor have you seen those CC&R's? Crookston: I believe that I have, I can't remember right now. Kingsford: When were those submitted Ron? Henry: Today Crookston: I think I reviewed them but I haven't seen the revised ones. Henry: Okay, I got your comments and then I incorporated your comments and produced a revised set. Corrie: So the only 2 dogs and 2 cats ~ Meridian City Counci{ August 2, 1994 Page 41 Kingsford: And you included all of his comments in there? Henry: Yes ~ Corrie: Who made the comments of only 2 dogs and 2 cats for animals? That is what you have in their now. I have one other question on street lighting, yard lights is that all no street lights? Henry: We are going to go to street lights. Corrie: The fire department had some concerns. Henry: I considered that and after (inaudibfe) Meridian Greens has yard iights (inaudible) street lights. Morrow. You have read Gary Smith's comments, the City Engineer's comments as of July 27th and you are agreeable to a41 of those including item #5 creating a 20 foot wide common lot area for place of easement indicated in between lots 3 and 4? Henry: Yes, I had a discussio~ with Gary today and I have kind of changed my mind as far as what I suggested to you and I will go along with the 20 foot wide (inaudible). ! had a discussion with Gary Smith today and gave an altemative to the 20 foot wide !ot and this afternoon I took a look at that and said maybe that is the better way to go. So everything on his list is acceptable. Kingsford: I have joined with Gary in supporting that 20 foot easement. Henry: Well, w~at it forces me to do it adjust some (ot lines and what I have to do is go this last lot which is down here at the bottom comer I am going to have to actually adjust th~ 21ots down in Fawcett's Meadows No. 2 skinny them up a little bit to 90 feet rather than 97 and the add that this last lot so that will be big enough. So I am making that adjustment I think everything works fine. Kingsford: Any other questions for Mr. Henry? fs councii prepared to take action? Morrow. I would like to hear something from Gary and Shari if they have any comments? Kingsford: How are you Shari, are you fine? Stiles: I am fine I would like to (inaudible). Mr. Mayor and Council we pretty well wrorked out the things I think in the development agreement. One thing Mr. Henry is rea! • Meridian City ~ouncil August 2, 1994 Page 42 • concerned about and I am also wondering what to do about the Ten Mile Creek. Mr. Henry has proposed letting the homeowners landscape it the only problem is I am afraid we will end up like out in Candlelight subdivision where they actually sodded over sewer easements and things like that. (Inaudible) did not want to have a useless corridor there that 300 feet of bike path and then nothing beyond there. I have to talked to the people at the Bureau of Reclamation and they say they don't know when but they are proposing someday to go through Meridian Greens regardless of their landscaping down to the, I am sure it wifl meet a lot of opposition at Meridian Greens but that is within their easement and something that they would still like us to pursue. My question is whether we should ask for fencing at the easement line or require the bike path to be landscaped and put in at this point. I would believe it vu~uld be a hardship to require both and was wondering regarding the development agreement if simply lea+~ing those 50 foot corridors is adequate with fencing. I am in a tough situation not knowing, I hate to make a requirement to put a bike path there before Nampa Meridian Irrigation District, before we have a license agreement with them. I don't want to cause any problems with them. So I kind of need your direction on what to do in that case. That is the only thing remaining that I have a question on. Kingsford: Mr. Smith, given what has happened in Candfe{ight, what v~auld be your recommendation? A fence at the easement? Smith: Mr. Mayor and Council members, this particular section of ditch does not have a sewoer line along side it, the waterway. The other d~culty with this section of ditch is what is happening to the east or up stream in Meridian Greens. That developer has forged ahead and or the buitders { don't know who took the initiative but they have landscaped both sides of Ten Mile Qrain down to the water. And if and when Nampa Meridian comes through to clean Ten Mile Drain there will be a lot of kicking and screaming and hair pul{ing and so forth. I guess I am a little parochial concerning sewer tines. Wherever I have a sewer line or the possibility of a sewer line I would request your suggestion that it be fenced at the right of way or easement line. So that there isn't any intrusion. Nampa Meridian is losing control and we are about to. I have an item that 1 want to discuss with you out in Candlelight Subdivision, these property owners are pushing us right to the edge as far as the use of these canal banks. I think we are in a position in that particular subdivision that if we don't do something about it we are going to lose it. And Nampa Meridian is going to lose their access to clean the ditch. We are going to lose access to our sewer line. I think it is time to take the bull by the horn, I think we have got to, maybe w~e have to be more specific in our zoning and development ordinances and specify what and where these fences have to be placed and what ditches are involved and name them. I don't know, but I know that something has to be done and it has to be more definitive so that when a developer comes in or the engineers that are doing the development work, the engineering for a development they knowfrom the very get go what is required by the City of Meridian. On this particutar development I don't have a real strong opinion other than ~ Meridian City Counci! August 2, 1994 Page 43 • t will testify in support of Nampa Meridian maintaining their access to that ditch for cleaning purposes. Morrow. I guess we can discuss the bigger issue later. My question with this portion of that ditch, you don't have any future need for sewer along through there? Smith: No, the sewer came along or is alongside the west side of Ten Mile Drain coming from Overland Road until it gets partway into the opposite Running Brook Estates and then it crosses under the drain and goes into Running Brook into a public right of way. And it continues onto the south and east in public right of ways and will eventual4y exit Meridian Greens east boundary again at the ditch on the south boundary of Ten Mile Drain. Now at that point it will continue to the east then along fences a4ong (inaudible). Through Meridian Greens, through Fawcett Meadows, through Running Brook Estates, there are no fencing requirements there I don't believe in Running Brook Estates, there is a bike way ! pathway on Running Brook Estates side of Ten Mile Drain. They have dedicated an easement for that pathway, but like ! say the pathway for all intent purposes unless it is forced through Meridian Greens stops at Calderwood right now. Not an easy answer, not an easy question to answer. Morrow: From the standpoint of property owners and the construction industry I can tell you that any kind of thing that is a water amenity like Ten Mile Creek which flows year around the naturally inctination is to want to landscape to that and to make it look really nice. Because we don't have any other water type amenities within the community any place. Smith: And you can see that in Meridian Greens, what they have done is very attractive no doubt about it. It looks very nice and it is a very nice amenity for the development. That is why that developer always referred to Ten Mile Creek as Ten Mile Creek and we we refer to it as Ten Mile Drain, Nampa Meridian won't let us use the v~ord Creek, it means something different as far as water quality is concerned. It is a nice amenity. Morrow. And that belongs to the Bureau of Reclamation, is that correct with a 4icensing agreement by Nampa Meridian? Smith: Correct Morrowr. Do they give, the Bureau of Reclamation doesn't have any guidance of what they expect on these things. Smith: In the past the Bureau of Reclamation has been very supportive of use of the drains by the City as far as pathways are concerned. They have been very supportive of ~ • Meridian City Council August 2, 1994 Page 44 that. Nampa Meridian has not because of their problems of access and the obstacle they feel the path~nrays put in front of them. Generally the pathways are not constructed in such a standard that they wil! support the equipment to clean the drains. The problem as I see it if we fence it, like on Linder Road where you have an ungodly mess along the drain on the drain side of the fence because nobody maintains that either. Smith: There is not enough room to get through there to maintain it really. Morrow. And late fall you have a fire hazard because all of the weeds die or grass or whatever natural vegetation occurs there and nobody takes care of it. If you want to see another nice landscape scheme go out to Jackson Drain along side of Fothergill, John Ewing did and you all approved his landscape plan and that is really well done. It is very nice. Nampa Meridian has no way to access the drain from that side. They are going to have to access it from the other side which is proposed as a multi family dwelling area. But again you see that kind of landscaping amenity taking place on one side and a deve(oper on the other side says gee this would really enhance my project. !t becomes a real issue with Nampa Meridian and these drains that they don't move the velocity of water is not that great and you can see growth taking place there that someday they are going to have to dig that out of there so the water can flow otherwise the level of water will continue to raise. Morrow: Then you get into floodplain issues. Smith: Nampa Meridian's charge is to maintain the drainage so they carry water through the city and dispose of it downstream. If they can't get into clean these ditches then they are not fulfilling their responsibility. Tolsma: When they clean it is not a pretty sight. Smith: That is right it is (inaudible) like Sherman's march to the sea. Henry: Is there any estimate on how often they have to clean those ditches? Is it an annual? Smith: No it is a 10 to 15 year I would say. Henry: So if there was some damage to landscaping each homeowner could be responsible to repair and get it back into order and if it is going to happen once every 10 years. Smith: The amount of damage that they do and the debris that they leave again is not a • • Meridian City Council August 2, 1994 Page 45 pretty sight. Your area wouldn't readily recover from that. It would take a great amount of effort. Kingsford: They go through there typicaliy with track and drag lines and where they scoop that out is where it lays and they move on. Morrow. The only they take off site Ron is the trees and they will take the trees off site, they cut them down and take them off site and everything the root system and all that structure stays there. Henry: Well, it is interesting, somebody planted some trees in the last several months and maybe 6 months ago in that 50 foot easement. Somebody did, the owner didn't, I didn't but yet there are some new trees there. So it had to be Nampa Meridian I guess. Smith: They don't have a problem with trees that are above the bank of the ditch unless it is in the middle of their roadway. Any tree that is below the bank down toward the water level comes out when they clean. Henry: There are some right now. Smith: When they get up that way they would come out. Kingsford: Well 1 think one of 2 things the Council needs to do, is either they stipulate the (inaudible) you stipulate the fence which I agree with Walt is the most desirable, I think that we could require a note be placed on the map or in the CC&R's that says that is an easement that they can't block to try and protect Nampa Meridian's easement. The other thing is that we just turn our head and let Nampa Meridian deal with their own easement. Morrow: 1 think we have to do a little bit, option No. 2 because quite candidly it is contingent upon us to be somewhat cooperative with Nampa Meridian in terms of trying, we struggled a lot of years to get into a coopera#ive nature with those falks and it looks like we are making some progress. So l think that from my perspective that we treat it on the plat as a view corridor or something that is restricted from any and all types of building and shown in terms of cross hatched marks and something like that whenever a builder such as myself gets one of those small piat maps it shows right on that smali plat map that it is a no go no use area and if nothing else maybe it is treated like a(inaudib{e} that is adjacent to Logger Creek or something like that where you don't touch anything in there but the natural growth growing and that becomes your landscaped amenity so to speak. Of course you can get rid of noxious w~eeds and those kinds of things and everything else stays. . • Meridian City Councii August 2, 1994 Page 46 Kingsford: I would certainly agree with that, if we don't we are going to be looking at a couple of weeds stacking up and junk and all sorts of things. Smith: And the other issue too Mayor and Council is the sideyard fences that v~rould cross this access way over to the bank, you can't do that because that just completely eliminates access. Kingsford: Which again I think ought to be spelled out on the recorded plat. Smith: These lot areas were calculated without that easement included so the 8,000 is exclusive of the easement for the ditch. And that is as our ordinance requires. Kingsford: Thank you Gary I appreciate it. Are you prepared to deal with. Morrow. f have a question that comes to mind is there some sort of, if v~ne are going to do it that way is there some sort of inechanism within the CC&R's that alludes to the no fencing along through there and maintenance by the homeowner even though it is an ea$ement that belongs to Nampa Meridian, and have we spelled out in the CC&R's exactly how that area is to be treated? Which is generatly the norm (End of Tape) In areas where I have v~orked with these things that are being handled they are very site specific in the CC&R's as to what can and can't be done in that area. And so it looks to me like (inaudible) as a natural area then we ought to spell out not only it is an easement it is up to the homeowner or the homeowners association ta maintain it if it is going to be a common area. If it is going to be identified by each 1ot then it is up to each lot to maintain it and the specifics are that what they can and can't do with that area. Kingsford: I think that would certainly be my recommendation that maybe you go back and amend your CC&R's that they specifica~ly say that you can't build fences in that easement that any landscaping may be removed by Nampa Meridian and replaced at the homeowners expense. All sorts of things to protect the easement. Henry: There are some stipulations in the CC&R's but I am going to have to review just to see how specific they are. Kingsford: I wrould like to see those beefed up to make sure that these concerns are met. Henry: I don't see any problem with that. My objective initially was to make the homeowner responsible for #hat whole thing and make them at least keep it up so it is nice fooking and it is an upgraded area. t just hate to see it go to a natural state because then from lot to iot you are going to have a variation and you don't know what is going to happen. Some dried grass in there, f would rather see it the responsibility of that ~ • Meridian City Council August 2, 1994 Page 47 homeowner to keep it up. Kingsford: Well, ideally a lot (inaudible) they ought to maintain the ditch on their own but that isn't going to happen. Is there a motion? Morrow. Can you review where we are at here now/? Kingsford: I think w~e are more or less comfortable (inaudible) in the final plat exclusive of the easement I would suggest to the Council if it is their will to approve the final plat that they stipulate that the CC&R's be amended and reflect those concems and you might even write those specifically. Morrow. Mr. Mayor, I would move that we approve the final plat for Fawcett's Meadows Subdivision No. 1 subject to compliance with all of staff conditions, also that the Covenants and Restrictions reflect the special usage of the easement for Ten Mile Drain, reflecting the uses the fencing requirements and the types of landscaping that can be done and the notification that it is an easement subject to use by Nampa Meridian at their will. And that the homeowner is responsible for any types of repairs or things that Nampa Meridian may destroy in their maintenance of the ditch. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Fav~cett's Meadows No. 1 subject to staff approval, and that the CC&R's reflect the easement protection on Ten Mile Drain, spells out uses and fencing, landscaping, note of the easement is a protection of the Nampa Meridian Irrigation District, the homeowners have to repair at their own expense any damage done by Nampa Meridian in maintain that ditch, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor on that development agreement will that be included in that? Kingsford: I think that is where we started out with this, that ought to be in there Shari something along those lines as v~ll as the CC&R's. ITEM#21: G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR A TEMPORARY SALES TRAILER: Kingsford: Anyone here still from that group? Mr. Merkle, they better not want it for more than 6 months or they are in deep trouble. ~ • Meridian City Council August 2, 1994 Page 48 Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering here on the behalf of Mr. Voigt w~o had to leave town earlier this evening. You do have some sample photos of those trailers that the Park Pointe has put up on other projects. They are requesting that, anticipate the trailer to be used for up to 18 mQnths, it is 12 more than the 6 you just talked about. However, in their application they talk about a holding tank for human waste, I talked to him outside before they left, we are going to hook that up to sew~er and city water for that particular lot. And the lot they are talking about would be either, it will not be on the soccer field or the well lot it will be on one of the 2 lots to the east or the west at their choice. Corrie: 10 or 13? Merkle: 10 or 13. Kingsford: Well to be consistent with what the Council has done in the past I suggest it be 6 months with a renewal upon request (inaudible). Merkle: We are talking about, Voigt probably owns what will be 140 to 150 lots in the subdivision. They would like fio get established there and I think 6 months is a little bit short of a period of time for that type of market. Kingsford: We recognize that, we just have a precedent on the length of time, if there is not a problem I don't think this Council has ever had a problem with extending that (inaudible). Tolsma: Have you seen Shari Stiles's comments? Merkle: No I have not but I vrrould like to. Morrow. Could woe have her expound on those comments while Jim is reading them? Your letter dated August 2nd which vwuld be today's date which Mr. Merkle is currently reading can you expand on that, we have already addressed the issue of the trailer being in the soccer fietd which is not the case, but paragraph 2 and then your recommendation is a denial of the temporary sales trailer can you give us some background on what is going on there? Stiles: Councilman Morrow and Mayor and Council I have been getting calls from the Davis's on a w+eekly basis and I think Bruce Freckleton has been and sometimes on a daily basis. (Inaudible) during the annexation and zoning process and the preliminary plat. The problem is there is separate ownership now with Voigt and Boesiger, neither one ctaiming responsibility for what the other needs to do. The perimeter fencing was required at the ~ ~ Meridian City Council August 2, 1994 Page 49 beginning and I interpret that to mean perimeter fencing of the entire annexed property. Boesiger says it is not a condition of his property until he actually starts constructing. The problem now is that Gary Voigt's properties are (inaudible) and they are going ahead and building all of that debris is going over into the Davis's property. I asked Mr. Boesiger if he would consider putting that fence up now to help out the Davis's and get rid of that problem. He said that he didn't want Gary Voigt's trash on his property either. So we are at a point where vu~e really need a development agreement that is signed by both of the owners and can't seem to get an agreement or any satisfaction of something done. And the reason I was recommending it be denied was that one that is was on the parksite and the other that to get these other issues cleared up before we allow any special privilege or something of that nature. Morrow. How did we get into this mess? Kingsford: Well a variety of things happened, one was Voigt thought that we was buying the whole parcel didn't have the option to buy and Boesiger did. And so we sat here with the problem even on annexation at one point because of who owned what parcel of property. It has had its problems along that line from the beginning. 1 think I concur with Shari having heard those comments I was unaware the fence wasn't built. Merkle: I v~uld like to address. Kingsford: Let's clear the damn thing up and get a development done would be my recommendation. Merkle: Regarding the development agreement Summerfield #1 development agreem~nt was before the Council probably 2 months ago with an approval based upon details being w~rked out between staff and the developer. Mr. Boesiger, myself and Shari met last week or the previous week to try to come up with a development agreement that just dealt with his property. The things like pressurized irrigation, landscaping, fencing that belonged to his phase. And we have submitted that to Shari. I am not sure of any subdivision and t vu~uld like to know one that if you annex 60 to 70 acres that it is completely fenced upon ann~xation, 1 don't think there is one, you fence as you go within each phase. And 1 think I have heard Mr. Morrow say in previous meetings that fencing prior to construction means home construction. That is the way I understood you to say that at a meeting here a couple w~eeks back. Mr. Boesgier is not against fencing it, it is just impractical and causes a hardship for him to fence the back of his lots before utilities that go along the back of the lot lines are installed. If there is possible grading that has to be done for the lots. Kingsford: I would call attention to #he approvals at the time were conditioned upon us protecting the Davis's that is not being done and it needs to be done before anything else • • Meridian City Council August 2, 1994 Page 50 happens. Merkle: I will pass that on, 1 wish I w~auld have had this letter dated August 2nd earlier this evening we would have had both of them here this evening to clear it up but we don't. I don't have the minutes in front of ine but the condition was perimeter fencing prior to construction. Kingsford: And as I recall that discussion it was to protect blowing debris from going onto the Davis's property. (Discuss'ron Inaudible) Merkle: One solution w~e tatked about was some kind, Mr. Boesiger does have a hardship to try to fence his back property line it wnuld cause telephone cable, pressurized irrigation just a big conflict to construct adjacent to a fence. t think one option would be to have them provide a temporary fence around their phase where they are constructing. Kingsford: It w~ould be my recommendation to the Council that they do that and then come back and talk to us about the temporary sales yard they are building. Tolsma: (Inaudible) one of their comments was that the Council said that ~nrould all be protected (inaudible) very unhappy that it wasn't. 1 said come to the Council meeting and tell us about it and she didn't (inaudible). You already agreed to that and promised it and everything else and nothing has happened (inaudible). Morrow: l,et me ask you, you handle both Max and Voigt's deal? Merkle: Yes Morrow. This is one of those deals that we discussed in terms of a social obligation that we have as builders and developers to make sure that the side property (inaudible) impacted. Those 2 boys had better get their act together, get the side property thing protected. All of us here understand and you included the intent in terms of fencing is just to keep the construction debris out of their fields. How many $1500 cows do you want to buy. And the question is, you are going to buy them if one of them gets sick because of something they ingested because vve are such pigs that w~e can't take care of our neighbors property. I think from my perspective is that if w~e are going to get their attention w~e shut down the whote project until the issue is settled. Not only their little trailer house deal which is a minor inconvenience, but let's get the thing up on the table and let us in our industry do what the hell w~e said we were going to do. And let's protect those other folks interest. That is as I see it, if v~ are not doing the job we are supposed to do we need to • • Meridian City Council August 2, 1994 Page 51 do it. Merkle: I suggest with your proposal tonight it will bring it to a conclusion real quick. Morrow: If they can't get along, they can figure out a way to get a{ong to solve this problem, because their fighting doesn't mean that the Davis's should suffer because they disagree. Let them (inaudible). Merkle: A clarification for my point, when you are talking about an annexation of say 100 or 80 acre or whatever the perimeter gets fenced prior to the development of the property. (Discussion Inaudible) Kingsford: What we are saying is, and the whole intent of that fencing was to protect that transition to agricultural. That was discussed at great length here. Don't let's move that into an area of what is generafly considered, you have to fence the whoie project, we are looking here at protection. They have got to do that. Morrow. Perimeter fencing Jim in my mind means after the utilities are in (inaudible) make sense to put up 6 foot cedar fencing and then beat the hell out of it with track hoes and everything else putting in all kinds of irrigation (inaudible). You have a 5 foot easement across the back of the property for that kind of stuff you and I both know that in the sweep of (inaudible) back hoe the fence is history. But if in fact vrre are going to start building on those phases before that (inaudible) is done we need to protect those folks with at best temporary fencing so that stuff doesn't happen. Because their rights to use pre-exist or come before (inaudible) in terms of developing. So it is kind of a grey area to say the ieast, the other side of the coin is that we need to solve that problem. From my perspective it does not mean permanent fencing when we are several hundred feet away from that phase being done. Because if you put the perimeter fencing in now as you well bring out that is gets destroyed putting in the utilities. Merkle: That is better, that is a good solution, they just need to come to it. Kingsford: Bring that to their attention and let Shari know what that is and we want to see a site inspection, have Mr. Freckleton look at that and make sure it is adequate (inaudible). We they have met that then w~e wi11 discuss the temporary sales trailer, if that is alright with the Council? Morrow: That would be my suggestion and quite candidly a follow up to that would be if that doesn't come post haste that all building permits cease. • Meridian City Council August 2, 1994 Page 52 Crookston: I think you need a motion to that effect. CJ Kingsford: f v+~uld entertain a motion to table the temporary sales office for Voigt and Park Pointe until the r-ext meeting pending remedy of the building debris and fence encompassing the Davis's. Y~errington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table to the next meeting the request by Park Pointe Realty for a temporary sales trailer pending a remedy of blowing debris and temporary fence, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, a point of discussion was that Bruce Freckleton and Shari are going to (inaudible) Mr. Davis be a part of that because quite candidly he knows what works there and the wind pattems and so forth. Kingsford: Yes, a 3 barbed fence isn't going to protect it. ITEM #22: DEVELOPMENT AGREEMENT: COUGAR CREEK SUBDIVISION: Kingsford: Who is dealing with that, Shari? Stiles: Mayor and Council do you all have a copy of this? 1t is still a basic boiler plate, Wayne Crookston made some comments on Hartford subdivision but he will make some comments on this. It is not very detailed as you probably figured out on these development agreements. The main issue is the exhibit B and what we require there. We aiso have another bikelpedestrian path along the south slough here. And again I am wondering whether to make fencing a requirement of that subdivision or ask them to construct that bike path. Right now they have 15 feet from the top of bank, this is a very wide area. I am not sure it is called the Slough, it is a wide canal it is not a natural kind of a stream as it is further to the vvest. Kingsford: What was the disposition of the Board of Directors at Nampa Meridian when that was discussed? Stiles: No ~ Meridian City Council August 2, 1994 Page 53 ~~ Kingsford: Not no but hell know didn't they on that particular parcel. Stiles: But the Bureau of Reclamation still does claim that it is a natural drain. In this area it really is not but our Comprehensive Plan calling for a bike path along that entire slough from West of the treatment plant clear to the other side, the east side of our impact area, we either need to say no or. That is one reason I am realiy leery about this one because I don't want to say put in a bike path and then get Nampa Meridian upset with us. Morrow. Does this flow water all year round? (Inaudible) Morrow: So it is truly a lateral. Merkle: It takes storm drainage, there are years it is dry there are years it flows. Kingsford: That is what I understand that a lot of years it flows through the winter. Right now it is being fed by (inaudible). (Inaudible) Kingsford: Mr. Crookston, where are we at with that license agreement with the other parcel? Crookston: What other parcel? Kingsford: The one that Mr. Ewing has, that one and through our park and so forth. Crookston: I haven't had an opportunity to find out where Nampa and. Kingsford: I don't care where they are I promised Nampa Meridian Commissioners that we vwuld have that damn thing let's get with it. And then let's deal with them on this. I think I vwuld reserve it as a bike path and try to put that in there. I don't know v~ want to right now construct it. Stiles: So the fencing would be, w~e vu~uld require fencing along that easement (inaudible) the applicant has a license agreement already to encroach into their easement but they have allowed a 15 foot area from the top of bank for a future bike path. Morrow: Explain to me what the encroachment is? ~ Meridian City Council August 2, 1994 Page 54 ~ Stiles: They actually get a reduction of the easement area so they can put fencing or part of the lot actually includes that easement area. But they already do have an agreement with Nampa Meridian to do that. Morrow: I see, then it becomes part of the 8,000 or 6,000 or whatever square feet are required for (inaudible). Stiles: I think they have done that. Morrow. So in essence the license agreement really gives them all of the property rights of deeded property? Stiles: Yes I believe so, across the lateraf to the north at Pheasant Pointe there is an 18 foot roadway left that will be used by Nampa Meridian Irrigation district to service this. Morrow. So it makes a certain amount of sense to do it with the bike path? Kingsford: I think so on the fence because Nampa Meridian has already agreed to that they would want to see it fenced is my understanding. Your comment Mr. Merkle? Merkle: The bottom line (inaudible). We reafigned that whole slough in that area to allow (inaudible) Nampa Meridian v~ron't allow (inaudible). Kingsford: I hesitate to say let's make them make the bike path. ! think w~ want to reserve the ability to make it. Let's don't get in#o Morrow. We can't win that match fet's just do it this way. Kingsford: 1 think eventuafiy we can win the match because I think (inaudible) they don't control (inaudible). And we have people t think we can deal with that (inaudible) Let's go with that. Does that meet with the Council approval? Morrow: Meets with mine. Stiles: Thank you ITEM #23: WATER/SEWER/ TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have the right to a pre- termination meeting at 7:30 P.M. August 2, 1994 before the Mayor and Council to appear in person and be judged on the facts and defend the claim made by the City that your • • Meridian City Council August 2, 1994 Page 55 sewer, water and trash bill is delinquent. You may retain Counsel this service will be discontinued on August 17th 1994 unless payment is received in full. is there anyone from the pubfic that would like to attest their sewer, water or trash delinquency? Seeing none I would entertain a motion to approve the turn off list. Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the turn off list, all those in favor'? Opposed? MOTION CARRIED: AI{ Yea Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is $16,452.28. Morrow. Mr. Mayor I have a question do we need to take Council action on ltem #22 the development agreement, do w~e need to have a motion and take some sort of action or do we just let it be in limbo? Kingsford: Well I think w~e gave direction but I think probabfy it is most appropriate that v~ do, you are right, take a motion on that. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for Cougar Creek Subdivision that stipulates that a fence will be built 15 feet off of the easement and that a ieveled strip will be provided for a future bike path if it can be obtained, all those in favor? Opposed? MOTION GARRIED: All Yea ITEM #24: APPROVE BILLS: Morrow. So moved Corrie: Second • • Meridian City Council August 2, 1994 Page 56 Kingsford: Moved by Walt, second by Bob to approve the biils, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: DEPARTMENT REPORTS: Kingsford: Ms. Stiles Stiles: Mayor and Council have you al! seen a copy of this form? This is just part of the block grant project as the property purchased with Federal funds relocation payments vvere required to be paid to those renters. They are now out of the house and in another location in Boise. Morrow. Shari can you bring me up to speed I don't know what this is? Kingsford: Phase 2 Walt of the downtown project encompassed buying some properties, w~e w{ere successful in buying 2, this being one of them. This is a house that sits over on Pine, there is a vacant lot behind the old Van Papehghan station and this property. These renters occupied that, as a condition of federal funds they just changed this we find out when you take a grant you have a lot of joy. Part of the requirement is that v~ have to pay both the moving expense and a relocation allowance and that relocation allowance is a differential between what they are paying and what they will be paying and it doesn't matter what they say there they are having to pay. It is based on an average or something. Stiles: It is actualfy based on a comparable rent. Kingsford: And so Shari's breakdown here spells out what it is and what rent it amounts it, I guess I can say and probably shouldn't they owe us a bunch of back rent that I don't think we would ever get anyvvay. We would go to court and I don't think we vwould ever get it there. But w~e can deduct it from what we have to pay (inaudible) relocation allowance. The bottom line is we are going to have to cut them a check for $757. Morrow. And then we have recaptured our back rent. Kingsford: (Inaudible) pay them $4,374 (inaudible) not appropriate. Any other questions on this for Shari? Where are vwe at on tearing it down 1 was asked that by an adjacent property owner? Stiles: I have been trying to get to that, we need to get an asbestos test done. I don't believe there is an asbestos there is lead paint on the outside of the building. Wayne i • Meridian City Council August 2, 1994 Page 57 Forrey had put a notice in the paper, house to be moved and people took it as a first come first serve kind of thing that they could just first to the door got the house. We also got an offer of $5700 to buy the house and move it. Instead of giving it to the first come first serve because the advertisement didn't really specify how the successful person would get the house. { taiked to Wayne Crookston and we agreed that it shouid go out for a competitive bid and I just haven't got that done. But hopefully by next Monday I will have that in the paper. I will also need to ask you to authorize the asbestos testing which could be anywhere from $200 to $400 for that testing. EPA requires that it be certified that no asbestos wiH be disturbed as a result of a move. Morrow: So moved Mr. Mayor Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the expenditure of the asbestos testing of not more than $400 all those in favor? Opposed? MOTfON CARRIED: Aff Yea Corrie: If they move the house can they take the lead paint? Kingsford: Moving it won't disturb, but if we had to dispose of it we would have to take it over to Grand View. Corrie: Do we need to approve this? I make a motion that w~e pay the $757 difference due to the Carpenters. Yerrington: Second Kingsford: Maved by Bob, second by Max to approve of the payment to the Carpenters of $757 to close out the relocation for them, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Gary Smith: Mr. Mayor and Council members I've got a couple of items that I need your assistance on this evening. The first one I would like to hire a new full time parks employee. Most of you know him, Rick Heller is his name and he is interested in coming back to wor4c for the City. I don't have a budget item for this year's fiscaf year. i do have a full time man in next year's budget. I talked to Jo Bolen our Auditor she said that if ~ Meridian City Council August 2, 1994 Page 58 u money is available eisewhere in the parks budget that I could move it up to the labor line item, but she recommended that I bring it before the Council and get your concurrence. We would be looking at half of August and September about $2,000 is what the salary would be for a month and a half pfus benefits. Corrie: And that is still w+thin the parks budget? Smith: Yes, basically the money that is available is in the Tulle park fund. It doesn't appear that the total funding will be expended. Morrow: How do we fund this on a long term basis? Smith: It comes out of the 01 fund. Kingsford: We are expanding parks and we have to take care of them. Corrie: You said you had that in your budget for next year, a new hire. Smith: Yes l do, l just wanted to get him started because we are just paddling behind and I think the hot weather is causing part of the problem. The median, Ron and I have been taiking about to Dennis about that because w+e have been getting some calls about it. The north curve, it is just a lot of things that require labor that 2 guys just can't get to. Morrow: Gary are you comfortabie that he can make the transition to whatever his job description is? Smith: Yes we have had a iittle talk about that and he understands what the situation is and who is in charge. He will be working for Dennis and the hours that Dennis w~orks and not 8 to 5, early morning to early afternoon. And he has worked parks before, he worked for a number of years in the parks here and then w~ent to Ada County and worked #he parks down there. So he is a parks type person he understands that part of it. Kingsford: tsn't that something, I am not trying to cut, the opening and ciosing of parks that is something that disposition will save us some money in? Smith: I don't know Grant, what Lloyd does for us is vveekend stuff and coming down at night and closing up the restrooms after everybody is done and it would be overtime stuff for our employees to do that kind of work. Kingsford: Wouldn't it be logical that we couid have this employee come in fater in the day and leave later at night? • ~ Meridian City Council August 2, 1994 Page 59 Smith: We11 during the summer I think Uoyd is closing up the restrooms about 9:30 at night is when he comes down, we pay him for 1 hour when he comes down and closes up. I don't know if it takes him an hour but for $5.00 he comes down and makes sure no one is in the restrooms and locks her up and goes home. Kingsford: That is a small item. Smith: As cantankerous as Lloyd gets sometimes he is still a good hand to have. It doesn't cost us much and he is pretty conscensous and watches out for our parks. Morrow. Mr. Mayor I move we authorize Mr. Smith to hire Mr. Heller for the remainder of this calendar year, to and including the transfer of the funds from the Tulley park fund and into the salary fund to fund that position. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of hire of Rick Heller for the remainder of the year and transferring funds from Tulley park fund to salary fund and benefits, all those in favor? Opposed? MOTtON CARRIED: All Yea Smith: Thank you, my second item concems legal descriptions for annexations. !t seems as though, for quite some time all of the legals that we have been getting have been in various states of confusion and or aecuracy and very few of them are correct. I would like to some way get authorization from the Council to require that tegal descriptions submitted for annexation purposes be prepared by a registered land surveyor. Morrow. They are not now? 5mith: No, what w~e get are copies of deeds, copies of descriptions from title companies, and these descriptions are generally taken from deeds sometimes massaged by lawyers, and not always do they do that. But generally speaking these things are massaged to a point where they come in and Will's office and Anna has been good to shuffle them to my oifice and I try to go through them and justify the boundaries and distances and bearings that are shown on the descriptions. But one thing we need accuracy on is the legal description is describing a piece of property that is contiguous to existing city boundary. And secondly that is describing a piece of property that closes, the baundary starts at a point and goes around and comes back and stops at that some point. So it is a complete piece of property. And we don't always get that and the St. Luke's hospital annexation route is a good exampie of hodge podge legal descriptions that, it was a wrestling match • Meridian City Council August 2, 1994 Page 60 to try and go through it and sort through those things. ~ Kir~gsford: Is that something that we can do by resolution, I think the Councii will certainly wili concur. I don't know how many times we have gone back and done an amended ordinance because we had an improper iegal description. We had to go back and annex because they left out streets or the freeway. Is that something we can do by resolution or does it require an ordinance to require a land surveyor to prepare those. Morrow. What is happening is the land surveyors don't come into the plan untii v~ start into the plat. Smith: Correct. Crookston: I think it wou{d require ultimately a change in the ordinance because our ordinance does not speak to the presentation of the legal description. I have no problem with doing it as a resolution. Kingsford: Well, I would certainly recommend that we have Wayne prepare a resolution for the next meeting to do that. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the attorney prepare a resolution addressing the requirement of a ficensed fand surveyor prepare the legal documents for annexation. Discussion Mr. Crookston. Crookston: I wonder if we couldn't add that it has to be forwarded also in computer tanguage, let's say WordPertect 5.0. Kingsford: Is that what we are running? Crookston: Yes, 5.1 Smith: You are something different, you are 6.0, that is for transfer onto your ordinance right? Kingsford: You are 5.1 ? Crookston: We have capacity for al! of them in our office. At least WordPerfect 5.0. • • Meridian City Council August 2, 1994 Page 61 Kingsford: Is that alright for the motion? All those in favor? Opposed? MOTiON CARRIED: All Yea Smith: The third item I have I alluded to when we were discussing the Ten Mile Drain for Fawcett Meadows. It has to do with Candlelight subdivision i visited with Wayne Crookston the other day about this. We have a gentleman that occupies Lot 17 of Block 1 in Candlelight 2 subdivision. His name is Thomas Williams his address is 2883 West Ravenhurst Street. Mr. Williams has seeded his lawn across the sewer easement, across the roadway that Nampa Meridian uses for access to Nine Mile Drain. He is in a fight with a real estate agent Charles Ward from I think he is from Caldwell Banker. He has taken him to test with a claim of misrepresentation of the property that he purchased. The thing that bothers me about this whole thing is that he has seeded his lawn and the next thing that is doing to happen is a fence is going to go up. I can just see it coming. I for one am not willing to lose that sewer line easement, Nampa Meridian is not willing to lose their access to clean that ditch. 1 asked Wayne if I was within my rights to have the sewer department hook up the hydrocleaner on the back of the pick up and haul that baby down that road through that seeded area and continue on and we need to look for manholes anyway because the cleaning operation of Nampa Meridian has covered them up. I want to impress on them that is an access way and it is not a lawn area. The guy knows it from the very beginning because he was involved with meetings on the site with the real estate agent with our people with Nampa Meridian's people. It was agreed upon that their back property line was for development purposes was 91 feet aff the front property line. And yet we have a lawn now that has been seeded in that area. I am looking for some guidance particu{arly from Wayne, f don't want to let this thing rest, I don't want to let that sit and {et that grass grow. Morrow. My comments or feelings on that w~uld be this is a pe-fect issue why those things should be on the pfat to show. Smith: Right, (inaudible) the one thing that v~ne missed was we didn't say the fence was required. Morrow: (inaudible) so have the boys run up and down it a few times. Tolsma: Are they irrigating? Smith: 1 don't know, t went down part way and I didn't realize how far it was from Ten Mile today and I walked down as far as I could see it, but it is quite a ways down on Candlelight it is pretty close to their east boundary from Ten Mile Road. • • Meridian City Council August 2, 1994 Page 62 Morrow. 1Nell if they get stuck send him the easement for goofing our easement up when you get the tow truck to tow it out. Kingsford: I guess Counselor I~nrould be interested in the legal assessment. Crookston: What I asked Gary to do is get out the easements where that was granted to the City of Meridian for my review and i don't have them yet. I am sure Gary is going to get them to me. Kingsford: Well certainly that would be my recommendation unless Crookston says otherwise after his review that we go ahead and traverse that. Smith: Maybe even v~e coufd proceed the hydrocfeaner with a blue and white with a bubble on the top. Kingsford: Is he that kind of a person? Smith: I don't know who he is. It is going to be interesting because there are 2 houses to the east of him, one of them has put up a fence along the edge of the roadway where they talked about putting a fence up no probfem. The other one the foundation is going in and the same procedures to be set there. Crookston: What is his name? Smith: His name is Thomas Williams 2883 West Ravenhurst Stre~t. Kingsford: (Inaudib4e} do w~e give up that easement, (inaudible) real legal responsibilities to make sure that, but the feces flows and we don't want it backing up. Morrow. This was part of the issue v~ne vvent through off of whatchamacallit street.(End of Tape) Smith: I haven't heard anything from Mr. Flatten lately, no one has. I talked to Chris Wiltiams he hasn't heard anything from him. The trench is still dug across the access road, we still don't have access to the sewer tine. Morrow So do we fi11 it in and send him the bill? Smith: I don't know, he has posted the property, no trespassing. We do have access to the easement as I understand it so maybe we can. • Meridian City Council August 2, 1994 Page 63 • Crookston: He did leave a message with my office, but I have not contacted him because I have not had the time. Smith: Well I guess we will just wait and see what he says, but he is aware of the letter and has received it. Kingsford: (Inaudible) they haven't had the opportunity to take out because they have been (inaudible). Smith: And Chris Williams says as soon as he can get in there he would pull that gravel out ~ike he said he would, that excess gravel on Flatten's property. Morrow: So both of these are really the same issue are they not? Denying us access to our easements. Smith: Right Morrow: t think it is one of those things you can't get let get started you have to press ahead pretty hard and pretty quick. Kingsford: Well, stay on top of that counselor and apprise us at the next meeting. Smith: The last item I have concerns our Billing department. Daunt advised me tonight that there are probably 12 builders in the city that are allowing their home buyers to move in and occupy homes before the occupancy permit is issued. And these home builders have been advised by Daunt that they are in viofation and he is seeking guidance as to whether or not citations can be issued to these home buitders as a misdemeanor in accord with our ordinance where they are subject to I think it is a$300 fine or 6 months in Jail or both. And if this is, if you do concur in this procedure that v~ have, t guess it v~utd be Richard Donauhe from the police department vwuld be issuing the citations, is that correct Chief or not? ({naudible) Smith: He doesn't want to get involved in issuing them himseif. (Inaudib{e) Kingsford: i don't think it would hurt to advise those foiks also we will shut their water off if they move in before that. u Meridian City Council August 2, 1994 Page 64 ~ Smith: Daunt and I talked about that and it is really unfortunate because the people moving into the house don't know what is happening. They don't understand the process. He said in most cases if a homeowner is going to a title company the title company will make sure that the occupancy permit has been issued before they will close the deal on the house. Morrow: That is not accurate, they only require of occupancy certificates is individual lenders that may or may not have that policy. The title companies have absolutely (inaudible). Smith: So that doesn't always happen then? Morrow. In many cases it doesn't happen Gary. What the deal is you have slop builders that are trying to beat the system and so to hell with them. Let them pay the fine. Smith: Daunt said that they have been warned and told several times what the policy is and they haven't abided by that. They just forged on and done their thing business as usual. I think a lot of these things that I am talking to you about tonight are frustrating as can be because we are awful busy, your employees are awFul busy in handling the work necessary to process developments through the city and yet v~e have to bird dog these guys wf~ether it is a developer that v~ron't build a fence to keep trash off of adjacent agricultural property or they vwn't build a berm or won't put the sprinkler system in or they vwn't do something else. Or they dig a pond out there or a pit in order to move soil from one property that they own over to another property in order to fill in that they are devefoping and they leave this pit that fills up with water and we have property owners cal4ing us saying what is going on this has 4 feet of water in it and the weeds are 8 feet height and these people are just running wild. And we are trying to take care of business and process things that are new developments and yet we have to police these guys too. It really does get frustrating, I called, this pit thing out at Chamberlain Estates, I called Jim Merkle and I guess I sounded a little put out and I really was because he told me that it was going to be taken care of. And of course he tells me that all he can do it tell the developer what needs to be done. If the developer doesn't follow through then he doesn't have much recourse. Which is probably true and I don't doubt Jim didn't cal! him but nevertheless he was notified on July 12th or so about this open pit with 4 foot of water standing in with mosquitoes and today is August 2nd and the pit is still there with water in it and they have been notified twice now so 1 don't know, it is frustrating. Morrow. I think from my perspective it goes back to what I talked about earlier with respect to playing by the n.,les, if we as a Council are going to set up the rules then let's everybody play by them and have the courage to stand by them and say if they are, maybe the next you lose is that you f II in the pit by Monday the 5th or whatever it is or no more building C~ Meridian City Council August 2, 1994 Page 65 • permits or something. Because ultimately this negotiation back and forth (inaudible). Kingsford: I see Chamberlain we approved the preliminary plat I think they need to be advised that there scant be any processing of the final plat until those things are remedied. It will be backed up in the thing until the second coming. Morrow: But the other perspeetive is they may not want to bring the final plat before us for another 90 days and the probfem sits there for another 90 days. Tolsma: (Inaudible) Morrow. Ron the purpose of thing is to get the problem solved today and to take the action that is takes to get it settled today. Kingsford: And of course in regard to that they are not in a, they are in a preliminary, you can't cut off buitding permits on something they don't yet have the ability to sell. Smith: That is right Kingsford: Let's exercise what ever we can on them. Morrow. I was using that as an example I don't know what the recourse. Kingsford: I think Mr. Merkie would understand that if he ever wanted to get that thing approved he had better get that done and had better convey that to the owner. Tolsma: I think he found that out on the trailer tonight. Kingsford: Knowing him he is not going to carry that to anything else. He needs to be advised that is not going forward period and he is going to look for muddy water if he doesn't get that pit filled. Smith: I sent a letter to the developer today and advising him of what his situ~tion was. But it just takes time to write these letters and sit down a pen a fetter to these guys and tell them to do something that they should be doing anyway. Morrow. The other thing is we as a Council could give you more suppart at the very front of these things with respect to the annexations and so on and so forth and sitting down and saying this, this and this is done on this schedule as a condition of the development agreement or the annexation or whatever and then stick by it and not negotiate our way out of whatever the case might be. With respect to fencing the Davis's it was my • Meridian City Council August 2, 1994 Page 66 • impression and my understanding that the Fence thing was going to be done before there was even any construction. Kingsford: I think they were assured that we were (inaudible). Morrow. I guess the point is whatever action we take is strong enough so that the word gets around so that, you do what you are supposed and (inaudible) Kingsford: Look in our nuisance ordinance perhaps the mosquito and hazard and those kinds of things maybe we can fine them a bit too on the puddle, it is 4 feet deep and mosquitos breeding, I think we have a heaith and safety problem. Corrie: I think the maximum w~e can do we should do it. (Inaudible) misdemeanor then do after it. Morrow: Do you have some recommendations Gary? Smith: No I don't, I real{y don't Walt. I guess as a development agreements are signed and become part of our file then v~ will have something to really look at and grab a hofd of and as far as enforcement is concerned if time limits are set to these things or time periods are established for these different things that need to be done that we can look at and say here when you get to this point this fence needs to be built or this berm needs to be built or whatever the conditions are. I don't know who is going to do all of this enforcement based on how much business you have as to how much time they are going to spend. But it certainly needs to be done. Morrow: I think long term what happens is that as the City grows and Shari gets an assistant that is a ptanning and zoning assistant or that is in charge of compliance enforcement and that becomes a full time job checking everything from required landscaping on a commercial building to all of these other things we have discussed tonight. Kingsford: The sad true tale here is that we need that now and we can afford to maybe have it when we won't need it as badly. Morrow That is true, maybe in the budget hearings that we are talking about in terms of strategic planning we determine how soon we can get there. Smith: I have talked to Shari a little bit and our new gal Cheryl Sable I think she would make a good helper for Shari and doing some of this kind of work. I really do, she seems to be very thorough and she is not afraid to talk to people either. That is all I have, thank ~ Meridian City Council August 2, 1994 Page 67 you. • Tolsma: Before you {eave, { had a conversation with Bruce today on cross connections our here at Waterbury, have they got anything alieviated on that yet? Smith: They w~ere still chlorinating when I w~ent to get a bite to eat at 6:00 tonight because 1 saw their truck and cars at the water department. Tolsma: Have they (ocated where the cross connection is coming from? Smith: Bruce said late this aftemoon that they think they found 2 places that are possible, but he didn't say specrficaliy what they w~re. The front half of the subdivision, the east half of the subdivision seems to be pretty clear. It is to the west. Tolsma: Do people have permits that put their own sprink{er system in? Smith: 1 don't know 1 haven' chased that down yet. Kingsford: What Bruce came in and asked me is if I would be supportive of him getting a letter that they have to remedy that cross connection within 5 days and 1 said I was perfectly satisfied in supporting him on 3 days or less. Morrow. What was the issue? Kingsford: We have contaminated water in Waterbury subdivision off of Meridian Road. And it has been determined it is because of cross connections or sprinklers. This particular one happens to be a first water table well, probably could be much more of a problem if it were surface water, in any rate here he is talking about notifying them they witl be responsibie for re-chlorinating the pipe and that they have to disconnect that within a certain period of time or we will shut their water off. Morrow: To the subdivision? Kingsfiord: To each individual, the individuals that are contaminating. Tolsma: What w~e've got is several people putting in sprinkler systems and without getting permits and they are using the wrong back flow preventers and that is what is causing the poflution to get in the water system. I don't know what the penalty is for installing a sprinkler system without a permit but if they are tying into pressurized irrigation and they are tapping into the water main of the city and no back flow they are running irrigation water right into the main pipe line. • • Meridian City Councif August 2, 1994 Page 68 Smith: And especiaily now this time of the year where our water pressure has dropped anyway because of the demand we have a well system or any kind of a pump system the chances are very good that you are generating more pressure in your irrigation system then t~ey have in the water lines. Tofsma: Before we put the booster pump in out at Meridian Greens Smith: Exactly (Discussion Inaudible) Totsma: (Inaudible) their valve wouldn't shut it off. Smith: This growth issue, it impacts us from all different directions. There are so many things that we can't keep up with that just boggles you. You try to grab the big ones as you go by and the other ones sneak up and bite you on the hiney every once in a while and this is one of them. And it is a pretty major concem, when you have to go door to door and put notes on the people's houses and tell them their lines have been chlorinated because of bacteria and that they need to open #heir rear hose bid and flush their system for 3 to 5 minutes before they drink any water to get rid of the chtorine it is pretty sobering. This is one thing that Bruce bless his heart has preached from the very beginning on these irrigation systems is the importance of this back flow prevention, how critical it is. Tolsma: (Inaudib{e) Smith: We don't have any way to know, the week end guys putting their sprinkler systems in and digging down and tapping into their water iine and we never know it. Tolsma: You might check, there is a brand new house (inaudible) 11th street and Pine, guy had a back hoe digging down right next to the water meter. (Discussion inaudible) Morrow: Other than double fees what is the penalty of that? Tolsma: Is it a$300 fine. Yerrington: Can't you check with the water bills against. Tolsma: If it is a brand new house and they start up with the thing (inaudible). ~ ~ Meridian City Council August 2, 1994 Page 69 Kingsford: ff they are running much over 7,000 gallons we know that (inaudible). Tolsma: (Inaudible) Smith: That is all I have Kingsford: Chief Gordon: Did we decide what wear goir~g to do as far as Daunt issuing citations. We did that once and it became a compfete gifroy, Daunt filled it out at my direction, it went to the courts and they didn't have any idea what it was, didn't know who he was, didn't know what the code was so consequently it got lost. Daunt kept asking me and I couidn't find it. And then we finally ran it down and they just basically the guy shov~ed up here in court they didn't know what the heck he was talking about so they dismissed it. So what I v~rould recommend is that it just stays within, say if it is a building violation or a plumbing violation that they just do a short report give it to the city prosecutor and go a formal complaint summons. It avoids that court system down there and when it comes in it is fed through a different route than the citations are. Tolsma: (Inaudible) Gordon: We can do that on atl city ordinances, but I don't have a probfem with Daunt doing these. 1 guess 1 am fike Gary i am looking for a littie guidance. Tolsma: Well it would be you or Bruce authorize one for the water deal (inaudible)issue the permit or issue the citation. (Inaudible) Gordan: I think that would be the more efficient method. Kingsford: Let's do the more efficient method. Morrow: Wefl, I think too that if Bruce finds the guy and there, there are 2 possibilities there was a permit issued and an inspection not made or an improper inspection or something that was changed after the inspection was made. The first way to do that is you take the inspector and you have him excavate whatever should have been inspected and have them pay the double permit thing and if it is found that none of the stuff is there than you give him a time to comply and if he compliance isn't done then you do the (inaudible). Kingsford: I think you have to go beyond that we have to protect the water system, I think ~ ~ Meridian City Council August 2, 1994 Page 70 we have to shut them off. Morrow. Well what you have to do is disconnect that thing at that point in time, then they go through the process, pay the double fees, get the inspections and so on and so forth. And if they do the same thing you go on and do whatever it is. Because quite candidly some folk with respect to sprinkler systems may not even know they need a permit. Kingsford: I am sure that is true of a lot of people. Gordon: But by having the inspectors doing their own summons then we don't have to worry about informing Donahue or bringing him up to speed. They know it needs to be done and they correct the problem, get a hold of the city prosecutor and Donahue is not involved. Morrow: That is a better way to do it and with the guy starts asking questions (inaudible) neither would I. Gordon: We w~ere awarded the tr~c safety grant, $139,000, I received o~cial notification of tha#. Kingsford: Please make certain that w~e have those grant things in a nice neat order. You and Janice, I don't want to go to jail (inaudible). Gordon: It is under control (Discussion Inaudible) Gordort: One other thing, the Freeman homicide up here, this 2 1/2 year old boy I've got 2 detectives that gathered enough forensic evidence to convict this guy and then tumed around and teamed up on him and got a confession out of him. So he is locked up good and tight and if any of you have any questions about that I would be willing to answer them off the record at the end of the meeting. Morrow: I have a comment (Discussion fnaudible) Gordon: He is locked up, in fact they have already received some calls at the penetiary that they are waiting for him. Morrow. In all seriousness would you convey at least from my standpoint and the ~ Meridian City Council August 2, 1994 Page 71 ~ Council's congratulations on a job well done and express our thanks. Because quite candidly that is a segment of society that we don't need. If you would convey the same thing to the judges and legal beagles you have done a hell of a job. (Discussion Inaudible) Kingsford: This is something certainly and I have always maintained well we have to 1 think by law take our share of low income housing and all of that stuff. Case in point and I would advise the Council again if you don't believe you have more problems with that stuff just go over and fook at his pin map and the particufar piece of property in question has so many cotton picking pins in it and that is just one of them. Gordon: There are 3 sections and those 3 sections require more law enforcement than the rest of the town does tota{{y. Morrow. And we have almost no tax revenues from those. Gordon: Correct and that is the down side. There is no income everything is out go. (Inaudible) Gordon: Any time you start cramming people into small areas then we start having more problems. Kingsford: Thank you Chief, Mr. Crookston Crookston: Nothing Kingsford: Walter Morrow. Nothing Kingsford: Maxweil Yerrington: Nothing sir Kingsford: Robert Corrie: I have a letter here in reference to the police departments cracking down on sandwich boards. I want you to hear this Chief, I have a letter from Something Special gifts, they are asking that they have a small 2 foot x 4 foot made of w~ood and it • Meridian City Council August 2, 1994 Page 72 • professionally painted sandwich sign. It is on private property they have permission to have the sign. We have an ordinance on the books that does not allow off premise signs unless the council gives a variance. I have a letter requesting permission from the council to let them use this 2 foot x 4 foot sign. 1 don't know exactly how to do other than bringing it here tonight. Yerrington: Where do they propose putting this? Corrie: It is in front of Meridian Vision center, it is there now it is the little sandwich sign. (Inaudible) this suntanning salon or Betty's (Inaudible) Corrie: And that was finaiiy brought to the attention of the police department and 1 was under the impression that as long as it is on private property they could have it and I was corrected by the Chief. And was therefore told that they either needed to get a letter to the Council, our pleasure if we wanted to do it or not as the case may be. Kingsford: I think this one has some unique circumstances, I'd have to go back and look but when that use to be the dairy and it was subsequent{y sold and Dr. Nielsen and Mr Alger and then that property was divided up, now f recognize clearly now that sign is sitting on Dr. Niefsen's property. tt was a joint purchase and I can't remember how all that went about but (inaudibie) has some areas of being an on site thing because of the way that property sofd. I can't remember what all of that was that is going back in my mind several years. Well in additian our ordinance stipulates no off site off premise signs. Now the issue that the Chief has is 2 fold, sandwich signs are not allov~d on the right of way and over here the right of way is the sidewalk,the can't put them out there. This is a little different in that it is private property but it still violates our ordinance. Gordon: Betty corrected hers after she told me where to put her sign. She moved it off of the sidewalk and now she has it on private property which is that Ugly Duckling property. She has thumbed her nose at us she is not moving it. Corrie: There is another one across the street from that (inaudible) sandwich board right on the sidewalk. Baby clothes it is a brand new one there today. Gordon: They will be told to remove it. Corrie: So I guess the point it, the thing is if it is on their property (inaudibie) so where do you allow. That to me • Meridian City Council August 2, 1994 Page 73 . Kingsford: You go even further we have request here that you denied not that long ago for bill boards on the freeway for an off premise sign. My gut reaction is we ought to just stay with the ordinance (inaudible). Corrie: Now what happens if, this is cutting hairs but if Nielsen's property says ~lielsen's optomitery also go to (inaudible) (Discussion Inaudible) Kingsford: (Inaudible) same situation as you are at Cherry Plaza where they have a bill board out there in the common area (inaudible) Gordon: They have sandwich signs out there too, Kowioon's and Councilman Yerrington went and looked at that is still on premise the mall, that whole area is premise. (Inaudible) Corrie: If Dr. Nelson puts his name out there plus (inaudible) there is nothing we can do about it. Gordan: Yes you can because basically they are stifi advertising something else off premise. Even if it is on the same billboard it is still ofF premise advertising. Kingsford: You have a single owner at Northgate and Cherry Lane. And they can advertise the properties that are on there. Here you are talking about separate ownership. (Inaudible) Corrie: It is entirely up to Councit, I can see both sides of this thing. I can see you are penalizing some legitimate people but you have to do that to keep some of the others off the street. f understand that. Kingsford: (Inaudible) Corrie: I am just saying (inaudible) It is Council appraval if they want to do if they don't they don't. Kingsford: Then you get yourself in a position or setting a precedent. Corrie: I am not saying its good (inaudible) • Meridian City Council August 2, 1994 Page 74 (Discussion Inaudible) . Kingsford: Let's take a motion, is it your desire to ask them to remove for conformity. Yerrington: I would make that motion to deny it. Morrow: Second Kingsford: Moved by Max, second by Walt to deny the request for a sandwich sign off premise, al1 those in favor? Opposed? MOTiON CARRIED: All Yea Corrie: One other thing, this letter from the sheriff I don't know what we want to do with it. It has been suggested by the Mayor and I talked a little bit that maybe we should get together with other fire districts and also the Mayor of Garden City is having some problems with the same thing. Maybe we can sit down and discuss together what they want to do. I agree with the Mayor l don't think we should be single (inaudible). Kingsford: I don't necessarily think we want to be the tead (inaudible} ramifications of us being out there and getting (inaudible}. Corrie: I still say that it is wrong, he is basing everything on his (inaudible) that he befieves the police department is it is his duty to serve full 24 hour dispatching for public safety which does not incfude fire and EMS. Morrow. From my perspective for the record I have talked with Bob several times and Grant that when voted for that 911 stuff as a taxpayer I assumed that it covered everything and I still feel that way and I disagree. I have read the letter that was returned to Bob's letter and I disagree with his disposition and quite candidly I don't think there is any air between Bob's and mine opinion. Kingsford: I think in that letter didn't he stipulate that he would be glad to answer questions (inaudible) is that something you want to follow up. I think (inaudible) to have other agencies on that. I know it has the ire of others, particularly the fire department and emergency people. Corrie: ({naudible) I don't understand why the Sheriff has no statutory (inaudible). Kingsford: I know the Chief has some problems with how he administers that too. I think that some how we need to get those people (inaudible) ~ ~ Meridian City Council August 2, 1994 Page 75 (Inaudible) Gordon: (Inaudible) let us form that emergency communications which is nothing but just a pleasurizing committee. We don't do anything they meet every once in a while. They serve no purpose. Like I say Garden City is fed the other fire departments are getting fed up with it. And they are talked back to a joint powers board, but that will have to be from you folks to the commissioners. Kingsford: Why don't you Chief since you have taken a lead on that work with the Chief a little bit Bob and try and get that group back together and see if v~ can get some direction. I am all for it but I don't want just us (inaudible} Gordon: I don't think it would be tough Mayor, I know the Eagle Mayor and the Mayor in Kuna are stili not satisfied. Kingsford: (Inaudible) Motion to adjourn. Morrow: So moved Yerrington: Second Kingsford: Moved by Waft, second by Max to adjourn all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) . ~ ~~i' GRANT P. KINGSFO D, A R ATTEST: , ~~ ~~~ i WILLfAM G. BERG, JR., CI GLE K ~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, AUGUST 2,1994 - 7:30 P.M. CITY GOUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JULY 19, 1994: 1. TABLED A JULY 5, 1994 MEETING: LEASE AGREEMENT WfTH KEN HAMtLTON PRESEMTATIONS: -};s~~ 2. TABLED AT JULY 5, 1994 MEETING: LID ORDINANCE - GLENFIELD DITCH:~-}z~ 3. TABLED AT JULY 5, 1994 MEETING: UD ORDINANCE-DOWNTOWN PHASE 2: -~i~ 4. TABLED AT JULY 19, 1994 MEETING: FINCH CREEK FINAL PLAT: 5. TABLED AT JULY 19, 1994 MEETING: BEDFORD PLACE PRELIMINARY PLAT BY BRI HT N CORP TION AND HUBBLE ENGIN ERING: '~~ c~,~~ ~~~, ~~~ c~~.~.~ ? -r-~ ~a~I 6. TABLED AT JULY 19, 1994 MEETING: ORDINANCE #658 - G. L. VOIGT ANNEXATION/ SUNDANCE: Ovw.4~s~ 7. TABLED AT JULY 19, 1994 MEETING ORDINANCE #659 - ST. LUKES/L-0 ~~~~~ ORDINANCE #660 - ST. LUKES/f-L a-P~~~ ORDINANCE #661 - ST. LUKES/C-G ~'•-p~'~~i! QRDINANCE #662 - ST. LUKES/C-G ~~-~-~J 8. TABLED AT JULY 19, 1994 MEETING: AMENDED ORDINANCE #607 - MID- TOWN SQUARE: G f ~~- 9. FINDINGS OF FA(3'f~AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES REQUEST FOR ANNEXATION AND ZONING: a~'p'~'~' PRELt~MINAR~ FOR PRESTON'S ASPEN GROVE ESTATES: 10. FINDINGS OF FACT AND CONCLUSfONS OF LAW FOR SUNDANCE SUBDIVISION REQUEST FOR A VARIANCE: 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE LAKE AT CHE Y LANE NO. 3 SUBDNISION REQUEST FOR A VARIANCE: 12. ORDINANCE #663 - CHAMBERLAIN ESTATES NO. 2 ANNEXATION: G f~~ . _. . C8'~'"i ~r ~~9ERiD1AtV ~ • i~C~B ~r TRE,~~~~E ~'~~~.EY ~ ~ ~~ cR~ i B~,~F~t3~ Nf~~~Dl~-N, I~A~lE~ 83642 PUBLIC MEETING SIGN-UP SHEET ~ NAME: PHONE NUMBER: \ AUG 0 2 1994 ~1TY i~~ ~l~l~itl~Hiv ' ~ brK-~4~~ ~ ~ ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONTNG CERTAIN REAL PROPERTY WHICH IS DESCRIBED A5 A PORTION OF GOVERNMENT LOT 2 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED b~r the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel. of land being on the Easterly side of the centerline of State Highway No. 69, Project No. SR-RS-3782(2) Highway survey as shown on the plans thereof now on the file in the office af the Idaho Transportation Department, Division of Highways, and being a portion of Government Lot 2 of Section 19, Township 3 North, Range 1 East, Boise Meridian, described as follows, to wit: Commencing at the Northwest corner of Section 19, Township 3 North, Range 1 East, Boise Meridian; thence South 0°37'25" West (shown of record to be South 0°55' West) along the West line of said Section 19 a distance of 2,103.42 feet to the Northwest corner of the tract of land as described in that certain Deed dated February 1, 1983, recorded March 4, 1983 as Instrument No. 8310549 records of Ada County, Idaho and being the REAL PLACE OF BEGINNING. thence continuing South 0°37'25" West (shown of record to be South 0°55' West) along the west line of said Section 19 and the West line of said tract of land 194.50 feet to the Southwest corner of said tract of land; thence North 89°43'10" East (shown of record to be South 89°59'15" East} along the South line of said tract 60.0 feet to a point in a line parallel with and 60.0 feet Easterly from the centerline and bears South 89°22'35" East from Station 411+15.46 of said State Highway No. 69, Project No. SR-RS-3782(2) Highway Survey; thence North 0°38'31" East along said parallel line 194.50 feet to a point in the North line of said tract of land and opposite Station 413+09.96 of said Highway Survey; ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 PBge 1 ~ • thence South 89°43'10" West (shown of reaord to be North 89°59'15" West) along said North line 60.0 feet to the REAL PLACE OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request 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 Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which sha11 plainly and clearly designate the boundaries of said property, to be f.iled with the ANNE7CATION ORDINANCE - FAWCETT MLADOWS NO. 2 Page 2 ~ ~ ~ Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Ca.ty Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ ND day of August, 1994. C!~ ~`~ ~~ ~R^4qR ~~~a ~ ~i'y s.m. rira 'y, A~ ~y ~ ~ ~ ~~ ~ x ~, ~ APPROVED : ~ ~ ~ ~ <~T ls~' `~ ~ ~ ~ C~t~~ ~ ~ . ~'~ . OR -- GRANT . N FORD ATTES : ~ ~._. WILLIAM G. BERG, JR. - ITY CLERK ANNEXATION ORDINANCE - FAWCETT MEADOWS N0. 2 Page 3 ~ ~ STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 2 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 664 , by the City Council and Mayor of the City af Meridian, on the 2 ND day of August, 1994, as the same appears in my office. ~ C3'~A~~ ' s~ day of August, 1994 . U \~~a'~~~~. ~~~ Q ~} ~ 7 ~ ~ ~ ~J a ~, ° :~ .~ ~ ~ +~ ~~ \ ~ i,d1~a~~ " ,i~i~fi.'C R ~~~ cQ ~"~ •- City Clerk, City o Me idian ~ ~~~ ~ ° ~, ~~., . ,` - '~; :~ Ada County, Idaho '~' '~, 1i '' t'.`t'~ B 01 S`~ +:? ~~~~~`Y . ~~ /k ~ ' ~ ~ •~ uµ-- STATE OF IDAH~}~~ ~(~~ 5~ ii: ~ 1.i1 '`'~r' J ~' ~ ~ County of Ada a 0~ ~/1l~ ~~~ _~r.~- On this ~t'tl~`y of ~ Augu` ~t; ~1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate irst above written. ~ ~~~~tnrr•.,, ... .•~' r, E L . ''•., ; `~~~` ~^n.°°~~~'4~;'~. SEAL ~ '~~~~-~~~ ~~~' = _ i '~ ~ a _ ~-. _$ ~ , ~.~-~~1.~~' ~~~~ :~~ `~~~~a~~ ~~? ;,~~'~rf 0~ 1~~'~'~., ~,,,,~~~~~+ ~ ~fry Public for ldaho idi.ng at Meridian, Idaho Commission Expires ~8- D.?- 9~ ANNERATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page 4 ~ ORDINANCE NO. 663 • AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T.3N., R.lE., B.M., ADA COUNTY~ IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The North half of the South half of Government Lot 4 in Section 5, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.lE., and sections 5 and 6, T.3N., R.1E., B.M., from which the quarter corner common to said Sections 5 and 6 bears South 00°24'35" West, 2603.50 feet; thence South 00°24'35" West, 636.40 feet to the Northwest corner of the North half of the South half of said Lot 4; thence South 89°38'45" East, 45.00 feet to the REAL POINT OF BEGINNING (Initial Point) thence continuing South 89°38'45" East, 1282.39 feet to the Northeast corner of the North half of the South half o~ said Lot 4; thence South 00°26'06" West, 319.39 feet along the East boundary of said Lot 4 to a point; thence North 89°35'39" West, 1327.25 feet to a point on the West boundary of said Section 5; thence North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East, 45.00 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 1 ~ • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant 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 inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. 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 ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 2 ~ • 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 2~~ day of August, 1994. ~~ ~~ `~ F~ ~ a~'wa'~4, .,+ APPROVED: ~J ~'~v '~' 'f"o ~. ~ ~ '~ ~~~~ ~ ~ 7p' `~/ `a~s ti ~ ,f . G~~ ~,~, ~~~ 1 st'\~ ,,~~5 OR -- GRANT P. IN ~ a `~`~' ~''1 ~ ATTEST: i~~~t.~~--~~ ~ WILLIAM G. BERG, JR. -- CITY 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 THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T~.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 663, by the City Council and Mayor of the City of Meridian, on the ~ of August, 1994, as the same appears in my office. ~ ~ ~ 8~ day of ~°j~t~ , 1994. '~ o"p"",~ ~' ~ . C3 `~~ `.~.. '~~'~ ~`~ ~ ~ ~~~~. ~ ~ ~ ~ ~ `c~ G'~ r i ~~ ' ,~+s '~, y c'~ ; ~~~ :"S i 1 . ~ ~Y' , ,_G~r~'~, ~' ~ . City Clerk, City o ridian Ada County, Idaho INANCE - CHAMBERLAIN EST. #2 Page 3 ~ ~ STATE OF IDAHO,) . ss. County of Ada, ) On this ~~ day undersigned, a Notary Public appeared WILLIAM G. BERG, JR. name is subscribed to the w~ acknowledged that he executed of August, 1994, before me, the in and for said State, personally known to me to be the person whose .thin and foregoing instrument, and 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 $~,.'~,~'~`` ' `~,~~ : ~ ~~'~ /@ ~, ~ w @ S t _ : ~'~ ~ V ~ L~G ~ ~ . ~ - ~ ~ e i ~ ~ ,~ . ,,'~~~~~I Of' `~~,`, Publi'c fo~'~daho g at Meridian, Idaho ~~}~~`f `~?i~ ~ ? ., ~~~' ~?,GI~~; ~ i ~~~~, ' ~ ~' ~ -„ ~ ~ ~`~ i~j`. ~ `i ~'i U u D~ 4"c-E ~~ •• - ftEU( _ ., , ST OF ANNEXATION ORDINANCE/CHAMBERLAIN EST. #2 Page 4 ; ~, ~, ,, ~, ,, ~, _ _, _ ' ~ 2-= --_ _ _ __ -. -- _- -_ ---- - --_ -_~ -__-- -- - ' -- --------------. -- --- --- - - ------------ --- - ----- - - -- --- _.__ - ---- - --- - - -.~ ~ - -- --- ilk - - - Lateral ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ , ~ ~~ ~ ~ ~ ~ ~_ , - ' ' 3 ~--- , ~ ~ _- --- ~ , ~ e - '~- ~ __ - ~ I ~ -_ _ - - - -- - ~__ _ _ I I i _ _ _ _ - __- _ _ _ _ \ I I ~ • I I I I I I Q~ I I I I __._..__. . I 1 I I I 1 ~ / ~ _ ' I ' ' ~!_ i , "~ I , _ - ~ r~-~ ~ \ _ ~ ....- -... _. _ _'" ~ ~ ' 8`I °3~ 45"~ Aa6.ao- ` - -~-~'~ , ~ f~ ' ~ ' ~9 Dt~tN~E No. ~ofi'~ ~ ~ ~ = - ~ ~atrtt~~~t No• ~- -~ ~ ; , ~~ ~ ; ~~; _ ~' ~~ ~ ~1 -~- .s ~ z ~ ~ ~,. ~ ~ - ' --- ~-----------=E MEAD_ WGFi~4SS ST ; ~ ~- ~ - ------- ~ ~ , _---- -- ,w, r _ _l ~ ~ -_. - J~ a , e s ~ ~ ~ ; ~ ~ ~ „ z-- ia~ ~~ . i 111~~y I I ~ I ~ :iM1.i~"..." ~y~ T ~ I ' I ____.__._' :w r ~ i ~ , i' i ~ in i~i ~ ,~ _ ~ 'd , C---T- ~, ' ~ ~ ~ ;u"~ 9' jai,_-----E -~LENt~~H~S b ~... . I i) ~_- ~~'y 1 7 I ~ I ~ ~i - (~ fi 1 • 18 5 1 1) 1 i ~': I I 1 yF e IZ II 1 6 ~:. I ~ ~ 1-l _-'_'_ ~ ~} 9 { 6 fl / . ~ ~ ~ 1~ ~ ~~ ~~ 6 4~ ~ ~~ i'-~. ~~ I 1 r ; ~ ~~ o~a----~ -----~ ~ ~ ' - -- _ - - ---r- _ _-- ~"~~x ~~~ - ,~ ~ Lp „ iC' }5 29 17 ~ 1 t ~ ~ j \\ ~ ~ I ~ ~ ~; ~ `` ~g~ ~ \ j'~ .. ~ 17 '~ IYICJ'11JOW _l1 ~__, ~. ~~:.. .... i '~!~~~~~~~ ~ ~ _ I i 98 ~ t2 I D~ ~ 9 ~-. „ ,Q I ,~ „ 9 ' `' ~ , _ ~, ~ ~, ~ ~ ~ i ~, ~ ~ ~ ~n _ .___.. IWI - ~ i i ~= i~i iai ~ + i ~ ,n „ --g; I ~~ ~ ,~ iX! ~ ~ I i ~ ~ ' ~ I I ~ O ~ I~~ jZi , ,' ~ E l Z~CFiIVIEA[ fOW ~ ~~ _ -___ _______ ____ __ /~ 9 I ,~ r :, ~~ ~ ~ B ~ I I • ~ ~ ~ i `__' _" ~ i,l ; ; , ~ ~ a~`, ( _E _iCATELYN ~5R QI ~ ~ ` ~.--- -- --- ~ i _--_-J ~~ lD ~~ //E'_\ ~--- ~~~ y ~W1 I7 I~I C ^ ~j --- l ~ 4 ~ GREEN -- W i C1. l iX~ ° ~I ~ J' i l~~`~ i ~ ~~ , ~ ? i0~ I M '^--= ' ie . . i e i !•-7V0. ~Qi IZi ~o ~Li 2 ~ ~ ~ ~ ~ ' __---pR -------- -- ~_~HATFA[I_D~i ---'f-~ _ ~ ~ ~ I --- - - --~ ° '~~~J^ . -- - --- , e i~ `` ~ ~ ~ ' __------------- ~ ~ 6 ~~ ~''"~[~T ~~~~~~ ~ ~ -=-~~? ~~\ '~ -H~'~FF~I l I~ . I , w~ nr~~''~~. 5 ~~ / ,a " ' ' 9 _- ~ ~ i i I ~ ~ ORDINANCE NO. 1~~~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTATN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 17 IN TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Counail of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the Southeast 1/4 of the Southwest 1/4 of Section 17 in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Beginning at the quarter corner in South side of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho (centerline of Overland Road) thence; North 0°11' East 1227.7 feet; to the Southerly side of the right of way boundary of interstate 84N; thence South 79°49' West along said Southerly side 435.19 feet; thence; South 25°41' East 125.75 feet; thence South 15°26' East 179.69 feet; thence South 24°36' East 337.77 feet; thence South 55°30' East 100.8 feet; thence South 0°11' West 500 feet; thence East 100 feet to THE TRUE POINT OF BEGINNING. ANNEXATION ORDINANCE - ST. LUKESIPECKIC-G Page 1 ~ ~ is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; 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 1and. 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 authorixed by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusians of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. ANNEXATION ORDINANCE - ST. LURES/PECK/C-G Page 2 • ~ Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby deolared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PAS5ED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Z^~b day of ~~~~t, 1994. ~ ~, r ~,~ ~ ,~ ~Dwna.R,~~ E+~, ~ ~~ "~' ~o ;,' ' ~' ~ ~ ~7'~ ~ ai ~ ~~ ~ a ATTEST: ~ IAM G. ~,~v ~~~,r ~ st '~ ~~~? .~ ~ ~~~~~ ~ ~~•~ APPROVED: /Y+~ V ~ ~ -- GRANT P. , ~t. ~- CITY CLERK 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 enta.tled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH TS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 114 OF SECTION 17 IN TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 66 2, by the City Council and Mayor of the City of Meridian, on the ~ day of Lc.~ tcs't , 1994, as the same appears in my office. DATED this '~" da of Kl~ 1994. -~ t Y ~' ~- Y ~Z~' +~~ ~ w a~~ ~ ~,v ~ f~ ~ - .r - ~ ~ ~ ~~~~ ~ ~• City Clerk, City o M idi n~, ~'~ '~° ti Ada County, Idaho ~,~,~~ ~+-~' L, ~ ~. •~~~~~ ~t , ~~ . ANNEXATION ORDINANCE - ST. LUKE3/PECR/C-G Page 3 ,~ ~ STATE OF IDAHO,) . ss. County of Ada, ) On this ~h day of c(S~'" , 1994, before me, the undersigned, a Notary Public in a 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. .. . ~I ,,., .. ,,'~~~111er~e~qs, ,~~~ ~ ~ ~. . ~ °~ •~~, `` ~~~~~ ~,~~s~ii sE~ ~`~ ~~ ~p't ARy ~"~ ' a ~~- ~ ~~~ ~ ~' ~ ~ 1.\G ~,~ ' - : ~ ~ s` ~ «~ie ~~Aa'~J ~.~~~i ~~` ~ ~ -~ ~~ a~ ,~. F•~~~ ~~ i ~ i ~ ~~ ~,`` Public for ldaho g at Meridian, Idaho ission Expires 4f1~4~-99 ~ ~~ ~ ~ ~ ~ [) U r ..tiJ ~~~.~~• ~: i ' ` n~/~ ~? b `'~` / ~~~ ~ ~~ _~ ~ „~ `; `~ ~ ~~~~ ~~..,._~_ . ~~T OF kEui,.. _ z, .,. ANNEXATION ORDINANCE - ST. 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ORDINANCE NO. ~ ~ ~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The West Half of the Southeast Quarter, Section Seventeen, Township Three North, Range One East, of the Boise Meridian. LESS: A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I-80N-1(29~ 45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to-wit: Commencing at the Southeast corner of the NW 1/4 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; thence North 0° 11' Q6" West along the East line of said NW 1/4 SE 1/4 a distance of 204.0 feet, more or 1ess, to a point on a line parallel with and 120.00 feet Southeasterly from the centerline of said Interstate 80N, Project No. I-80N-1(29) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0°11'06" West along said East line 256.0 feet, more or less, to a point in a line parallel with and 120.00 feet Northwesterly from the oenterline of said Highway Survey; ANNEXFITION ORDINANCE - ST. LURES/C-G Page 1 ~ A1`1BR05E.FITZGERALD&C 208-H88-3969 08-19-94 15~47 P.02 ~ i thence Southwesterly alonq gaid last paralle~ line being a 9429.30 foot radiue curve right 1259.0 feet, more or ~,ess, to a point oppoaite Station 2402+00.00 of said Highway Survey; thence South 75°51'07" West 104.0 ~eet, more or leas, to a point in the Wegt line of the W 1/2 SS 1/4 of said Section 17; thence South 0°18'12" Weet along eaid West Line 231.0 feet, more or lese, to a point that beare South 10°58' 15" East ~12.03 feet from Station 2400+52.63 of sAi.d Highatay Survey; thence North 81°34'32" East 149.A6 feat to a point in a line parallel with the 120.00 feet Southeaeterly from the centerline and opposite Station 2402+00.00 of eaid Highway Survey; thence Northeasterly along said last parallel line being a 9fi69.3Q foot radiu~ curve left 1211.4 feet, more lesa, to the REAL POINT OF BEGTNNING. Highway Station RefeXence: 2400+75.00 to 24~4+40.72 The area above deecribed contaxns appz~oximately 7.51 acres. LESS: That portion of the W 1/2 SE 1/4 of Section 1?, Townehip 3 North, Range 1 Eaat Boise, Meridian, lying North of the Interstate Highway No. 80 North, coneieting of 32.02 acres. LESS: That poxtion of the W 1/2, SE 1/a Sec.l7, T.3N., R.1L. H.M. described as fallows: Beginning at the eec. cor. common to sec.g 17 and 20; thence S. 89°57' E. 690.00 ft. along Overland Road; thence N. 0°38' E. 1231.21 ~t. to center of an irr~gation ditch; thence N. 50°19' W. 17~.00 ft. along said ditch; to I^80 Highway boundary; thence S. 76°54' W. 416.80 ft. along long chord oi highway curve Rt., thence S. 81°35' W. 152.00 ft. alonq eaid bounda~cy; thence S. 0°38' (~. 1225.0 ft. to the poxnt of beginning. ~Bxn~r=o~ ow~IS~-wcE - sT. Lu~slc-a . _.__.~- AUG 19 '94 15~45 208-888-3969 rag• a PAGE.02 ~ ~ Contains 20.38 acres more or less. LESS: A parcel of land being on both sides of the centerline Ramp AB survey of the Eagle Road Interchange as shown on the plans of Interstate 84 Project No. IR-84-1(12) 45 Highway Survey now on file in the office of the Idaho Transportation Department, Division of Highways, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to-wit: Commencing at the South quarter corner of Section 17, Township 3 North, Range 1 East, Boise Meridian. thence Easterly along the South line of said Section 17 a distance of 1328.43 feet to the Southwest corner of Overland Way Subdivision, according to the plat thereof filed in Book 46 of Plats at pages 3798 and 3799, records of Ada County, Idaha; thence North 0°08'17" West (shown of record to be North 0°08'14" West) along the Westerly line of said Subdivision 1027.67 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and bears South 25°48'36" West from Station 2414+58.80 of said Ramp AB Survey of the Eagle Road Interchange as shown on the plans of said Interstate 84, Project No. TR- 84-1(12) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0°08'17" West (shown of record to be North 0°08'14" West) along said Westerly line 539.20 feet to a point in the Southeasterly right of way line of existing Interstate 84; thence Southwesterly along said existing Southeasterly right of way line 792.0 feet, more or less to the most Northerly corner of the tract as described in that certain Warranty Deed dated June 11, 1981, recorded June 22, 1981, as Instrument No. 8127745 records Ada County, Idaho; thence along the Northeasterly and Easterly lines of said tract of land as follows: South 50°35'45" East 170.13 feet (shown of record to be South 50°19' East 174.0 Feet) to the Northeast corner of said tract, South 0°21'15" West (shown of record to be South 0°38' West) - 21.66 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and radially from station 2407+66.43 of said Ramp AB Survey; thence along said last parallel line as follows: ANNEXATION ORDINANCE - ST. LUKES/C-G Page 3 ~ ~ Southeasterly along a 1809.86 foot radius curve right 634.015 feet to a point opposite Station 2414+34.97 of said ramp AB Survey, South 64°11'24" East 23.83 feet to the REAL POINT OF BEGINNING. Ramp AB Survey Station Reference: 2407+66.93 to 2414+58.80 The area above described contains approximately 4.9302 acres. And that portion of the W 112 SE 114 , Section 17 , T. 3N ., R. 1E. B.M. described as follows: Beginning at the Section corner common to Sections 17 and 20; thence S. 89°57' E. 690.00 ft. along Overland road; thence N. 0°38' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50°19' W. 174.00 ft. along said ditch to I-80 highway boundary; thence S. 76°54' W. 416.80 ft. along long chord of highway curve Rt.; thence S. 81°35' W. 152.00 ft. along said boundary; thence S. 0°38' W. 1225.00 ft. to the point of beginning, except that porti.on thereof described as follows; Beginning at the 1!4 Section corner common to Sections 17 and 20, T. 3N, R. lE. B.M.; thence S. 89°57' E. 550.00 ft.; thence N. 0°35' E. 25 ft. to true point of beginning. Thence S. 89°57' E. 140.00 ft.; thence N. 0°38' E. 311.14 ft.; thence N. 89°57' W. 140.00 ft.; thence S. 0°38' W. 311.14 ft. to the true point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of ANNEXATION ORDINANCE - ST. LUKE3/C-G Page 4 i • 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- annexativn if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ANNEXATION ORDINANCE - ST. LUKES/C-G Page 5 ~ • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2ND day of u,tE, 1994. ~ ~9~ `~~' ~ APPROVED: „~ ~L~;t°v~,~r~ ~°r . V ~ '~"' o °'' ~ ' W ~~~~ ~ ~ ~ ~~ , ~~~ ~ ~ R GRANT P KT G ORD ~,~, t~~ i ~1 • ,~C~ ATTEST: ~ ~ ~~~j~-r~ , `q ~ WILLIAM G. BERG, .- CITY CLERK STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., Ci.ty 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 "AP1 ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 66/ , by the City Council. and Mayor of the City of Meridian, on the 2 K~ day of ~~-f , 1994, as the same appears in my office. ~ DATED this ~~ day of City Clerk, Ada County, ANNEXATION ORDiNANCE - ST. LUKES/C-G Page 6 ~, ,. .; , ~. ~ n~~~~~~~j - .~ iF; ~. ~ ... . ,~a,U ~Ul~~ ~'.~ , STATE OF IDAHO,) ~' ~ ~ ~ ~ 4 ' ~ . ' : ~ ~ n '' ~7 . ss . ~' ~ ~;,~~~ i+: . i County of Ada, ) ~~ i= r . ~f On this ~~ day of y 3: 1~994~:.~ fat~e me, the undersigned, a Notary Public in a for said ate, 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 .~•'~ ~~~ ~ ~... ~, °~: ry Public for ldaho ~ Re ding at Merid.ian, Idaho ~~ M Commission Expires D~Y D~ -~9 ~ ~~~j~~d~ '°~~ ~\~ ,~~ ~,,~-,,~,~,,:- '~..;~P~ p~ `~` ~;.•~ ''•~~,-~~-«.•• ANNEXATION ORDINANCE - ST. LUKES/C-G Page 7 ~ ORDINANCE NO. ~ ~O ~ AN ORDINANCE OF THE CITY OF MERIDTAN ANATEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A5 A TRACT OF LAND BEING A PORTION OF THE INTERSTATE 84 EAGLE ROAD INTERCHANGE, STTUATED IN THE EAST 1/2 OF SECTION 17, AND THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Tdaho: Section 1. That the real property described as: A tract of land being a portion of the Interstate 84 Eagle Road Interchange, situated in the East 1/2 of Section 17, and the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of the Southeast 1/4 of said Section 17, said Northeast Corner being the POINT OF BEGINNING. Thence along the easterly line of said Southeast 1/4, South 00°41'32" East a distance of 1914.04 feet to a point, Thence leaving sai.d easterly line, 5outh 89°18'28" West a distance of 75.02 feet to a point on the southerly right-of-way of said Interstate 84, Thence along said southerly right-of-way the following courses: Thence North 44°41'28" West a distance of 70.71 feet to a point, Thence South 89°18'36" West a distance of 465.70 feet to a point, Thence North 79°24'20" West a distance of 413.11 feet to a point, ANNEXATION ORDINANCE - ST. LURES/I-L Page 1 ~ i Thence North 64°11'24" West a distance of 384.39 feet to a point, Thence northwesterly along the arc of a circular curve concave southwesterly a distance of 696.49 feet, said curve having a central angel of 22°02'57", a radius of 1809.86 feet, a chord bearing North 75°12'53" West, a chord distance of 692.20 feet to a point, Thence North 86°14'21" West a distance of 470.97 feet to a point, Thence South 81°00'29" West a distance of 159.49 feet to a point, Thence South 79°49'00" West a distance of 435.19 feet to a point, Thence leaving said southerly right-of-way North 08°23'52" West a distance of 226.91 feet to a point on the northerly right-of-way of said Interstate 84, Thence along said northerly right-of-way the following courses: Easterly along the arc of a circular curve concave northerly a distance of 372.48 feet, said curve having a central angle of 02°15'39", a radius of 9439.30 feet, a chord bearing North 80°28'18" East, a chord distance of 372.45 feet to a point, Thence North 75°00'48" East a distance of 100.93 feet to a point, Thence North 77°11'57" East a distance of 90.02 feet to a point, Thence North 69°18'S0" East a distance of 618.00 feet to a point, Thence northeasterly along the arc of a circular curve concave northwesterly a distance of 1020.20 feet, said curve having a central angle of 15°40'20", a radius of 3729.72 feet, a chord bearing North 59°47'59" East, a chord distance of 1017.02 feet to a point, Thence North 53°25'59" East a distance of 389.93 feet to a point, Thence northeasterly along the arc of a circular curve concave southeasterly a distance of 494.03 feet, said curve having a central angle of 27°21'O1", a radius of 1034.93 feet, a chord bearing North 65°38'20" East, a chord distance of 489.35 feet to a point, ANNEXATION ORDINANCE - ST. LURES/I-L Page 2 • . Thence North 79°18'S0" East a distance of 116.60 feet to a point, Thence North 35°43'47" East a distance of 127.97 feet to a point, Thence North 73°02'56" East a distance of 174.56 feet to a point, Thence South 46°13'58" East a distance of 142.42 feet to a point, Thence leaving said northerly right-of-way, South 00°45' 13" West a distance of 54 .92 feet to a point on the southerly line of said Northwest 1/4 of Section 16, Thence along said southerly line, North 89°14'47" West a distance of 149.48 feet to the POrNT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned I-L Light Industrial; that the annexation and zoning is subjeat 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 Subda.vision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. 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 ANNERATION ORDINANCE - ST. LUKES/I-L Page 3 . ~ development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which sha11 plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the 5tate Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian Ada County, Idaho, this Z"~D day of ye~t, 1994. 0.a ~ ~ ~~ ~~ d',~•, ~'.~ ~~~vsrr, t'~- CJ ~~~' `w'° '~o `~ ~ M~~~~. ~ *~ o ,. ,~ ~ ~' `~.. • ~~ ~'~,T ! 5't' ,~~ ATTEST: ~ ~~~ # ~''4 ~ ~~ ' , /~ ~ _ ,. _ ,~ / APPROVED: ,.,~ v ~ ~ -- GRANT P IAM G. BERG, JR. /- vCITY CLERK l ~ ANNEXATION ORDINANCE - ST. LUKES/I-L Page 4 • • STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHTCH IS DESCRIBED AS A TRACT OF LAND BEING A PORTION OF THE INTERSTATE 84 EAGLE ROAD INTERCHANGE, SITUATED IN THE EAST 1/2 OF SECTION 17, AND THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. f~6o , by the City Council and Mayor of the City of Meridian, on the 2 N'd day of tctE , 1994, as the same appears in my office. DATED this U~ day of STATE OF IDAHO,) . ss. County of Ada, ) City Clerk, Ada County, On this ~ day of u t' , 1994, before me, the undersigned, a Notary Public in a 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. qc}~~1~`~~~ ., ,'~~N~ie~~to~~~ ,... ~ . ~ ~~.~ G ~, L . _ c ~•,, - ~ G'~U,~~"~ ~~,,~` ~~~~'~p~~(~1,~j~ ~ ~ -, _~' ~ i\ ~ ~~ V ~ ~ ~ h ~ A/ ~F f ~ s„~ SEAL ; e~~~~~~~s~ `; ~ N ta y Public for ldaho ~. ~r `' ' " _ ~ ~a;-~ ~(~~~.`°~' ~. o ~ ~ ~.~~, ~ ,. = r: + ', ~,~ ~, y... ''~~yi~ ~ ~~ ~~~b~ s' ding at Meridian, Idah$iCl 15 ~. ~~ Commission Expires d~ 02-9~ 3;~~~ IiUt .t ~ i ~. " ~-~ Jri "" i- /~O • - F r' ~ ~K-- _ _~... ~ . ~ ~ 1 ~1 r REi.Gs:': _. .,. ,.._ . ANNEBATION ORDINANCE - ST. LURESII-L Page 5 ~ ORDINANCE NO. l~ ~ I ~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONIPIG CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that .it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Secti.on 1. That the real property described as: A parcel of land being that portion of the Southwest Quarter of the Northwest Quarter of Section 16, Township 3 Alorth, Range 1 East of the Boise Meridian, Ada County, Idaho, lying North of the right-of-way of Interstate 84, East of the right-of-way of S. Eagle Road and Southerly and Easterly of MONTWE PARK SUBDIVISION, being more particularly described as follows: COMMENCING at the West Quarter corner of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence North 0°30'S2" West 1321.35 feet to the'intersection of the West line of said Section 16 and the Southerly boundary of MONTVUE PARK SUBDIVISION extended; thence South 89°35'25" East 69.59 feet to the intersection of the South line of MONTVUE PARK SUBDIVISION and the Easterly right-of-way of S. Eagle Road, THE REAL POINT OF BEGINNING of this description; thence continuing South 89°35'25" East 941.72 feet to the Southeast corner of MONTVUE PARK SUBDTVISION; thence North 0°20'17" West 2.21 feet to the intersection of the Easterly line MONTVUE PARK SUBDIVISION and the North line ot said Southwest Quarter of the Northwest Quarter; thence South 89°26'11" East 338.32 feet to the Northwest 1/15 corner of said 5ection 16; thence ANNEXATION ORDINANCE - ST. LUKES/L-O Page 1 ~ ~ South 0°21'56" East 1281.37 feet along the East l.ine of said Southwest Quarter of the Northwest Quarter to a point on the Northerly right-of-way of Interstate 84; thence North 85°45' 10" West 438.46 feet to an angle point in the Northerly right-of-way of Interstate 84; thence South 89°09'38" West 758.53 feet to an angle poi.nt in the Northly right-of-way of Interstate 84; thence North 46°13'58" West 142.42 feet (formerly 141.43 feet) to an angle point in the Easterly right-of-way of S. Eagle Road; thence North 0°50'36" West 394.41 feet to an angle point in the Easterly right-of-way of S. Eagle Road; thence South 89°09'24" West 5.00 feet to an angle point in the Easterly right-of-way of S. Eagle Road; thence along said right-of-way an a curve to the right 432.62 feet, said curve having a radius of 5659.58 feet, a central angle of 4°22'47", tangent of 216.42 feet and a chord of 432.52 feet which bears North O1°20'47" East to a point of reversed curvature in the Easterly right-of- way of S. Eagle Road; thence along said right-of-way on a curve to the left 342.87 feet, said curve having a radius of 5799.58 feet, a central angle of 3°23'14", tangents of 171.48 feet and a chord of 342.82 feet which bears North O1°50'33" East to THE REAL POINT OF BEGINNING of this description. is hereby annexed to the City of Meridian, and shall be zoned L-O Limited Office; 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 for this annexation shall be required to connect to Meridian water and sewer at its expense 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 - ST. LUKES/L-O Page 2 ~ ~ Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Develapment Agreement are not satisfied. 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these aonditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Z~'~ day of a u.t'~ , 1994 . ~ ~ C3'~ "'° ~.~~,. APPROVED : . O ~ O~F:1dj4 ~Iy ~ ~+P~ cwes j~~y +~ a ~ ~ ~~Y'~~ ~ ~ ;t ~ ~ ~"' ~ MA OR -- GRANT P KI G ORD ,~, p~ "r`" ~, p ~d ~~r ~et' ".y ~ ~ ATTEST: ~ . ~~~r~ ~'~ ~ ~` - :;t x. ` ~~~,~-s`""" / WILLIAM G. BERG, J.- CITY CLERK ANNEXATION ORDINANCE - ST. LUKES/L-O Page 3 ~ J F~ U! j~~ U , , , . _ :`~ Y'~ ... _.. . ,,;{~ ^~~~~ , ' • ~ STATE OF IDAHO,) ~~~~~ : ss. ,._;,< ~,,„ , t ,. County of Ada, ) ~ ~ ~~~~ ~~~~' ~~' ~ ~ I, WILLIAM G. BERG, JR., Cit~E~~erk af- of Meridian, Ada County, Idaho, do hereby cert ~~t"'~K~it th~" d~Ft 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 PP,RCEL OF LAND BEING THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWE5T QUARTER OF SECTION 16, TOWNSIiIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 6 59 , by the City Council and Mayor of the City of Meridian, on the ~ ND day of us'~ , 1994, as the same appears in my office. DATED this ~ day of ~~f~ , 1994. City Clerk, City Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) r-'"t bOqv~Dqif ~f . ~ ~~' aves r'~y ~q.~ " ~ '~ ~~~~ m 6~ ~ 7~ Y~~~ ~ ~ ~',~ ~ t :.~ • ~a a ~ ~~'~l' j~ Y~ , oa On this "F day of ~-, 1994, be `"` , the undersigned, a Notary Public in a for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscr.ibed 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. ,-~.-``,`^ itC;SD~~ _ ft ~ ~a ,` ~ [ L !~,~pt~I `,~~~~'+~~20tiGyH;:` "A~.,~~e/ ~ V' : ~ <~~~s~~~,~`~~ a ;~ f~' i~ SEAL ~ ~, W : . o ~ ~,~ ~ ~'.~ w ~, B a~ g~\ F;~ a ~ ` o~ ~ . m ~ > _,j_ ~,~r ~~`~. ~%~"s°~ ~„~~~ ~~ . ~, ,yr'' ^..,, c,h, ya r~ ,,,~~ ~~ ~ ~l/~- P~~~. Public for ldaho g at Meridian, Idaho ission Expires ~'~ ANNEICATION ORDINANCE - ST. LURE3/L-O Page 4 ~ I I ~ 8 .9 `„ _ _ _ ~".@*~II~E ' i~/S~'~""Y ---- ---- - --- -- -- ~ ---- - I i ~ ~ ° ~ ' S MO~ ~ s ~ i f l ~ -__ -~_ ~ , e ~ -' t _ ~~ ~ I Z _` \ ' ~ ' ~I ' ,~ '' \ ~ ~~ ~ ~ ~I~ 1 1 ~ ~ I I ; p 3 I ,~ ,~, ai,a , a ~ ~,~ -~ ~~ ~; ~ , , ~ , ~ ~ ~ . ~. \ ~_ „ „ ~ `m ~ ~~ ~ , ~ . ! ;r,- g.~°35'1,5U w i y'~aR g. ~2~ r1" , '~ a ~ . a141.12 E '~FS.3~ I ~ ~I r~' ~\\ ~1, ~^~~^' ~~R/ ~ ~ ~~ ~~: ww~ ~.-~ o . _ - z ~ ~~\ -~c~ '~~ o ~ `` w ;~\ . ~ ~ ~ z ~ ,/ ~ , ~ ~ ey.o~l.~l/ '`, v~ ~ {'1. ~e~ ~ / ul / s~ i ; .. -- _~ _~~~ / ~ ~ ~ ~ p T ~ ~1 V ~ ~.3 ~,yQ1 °~Mp~ti ~-• ~. ~4p y~~ g. gq'o~1`38" W.K59.53` we5•,¢y~.. .. ~ ; `._`.i_d1UJ11~XQ~AE ~ ; SU DIVI ION ~ ~ 5 , ~ - ~---^- - _ _ ______T___r_' - ------ _' 1 1 ~ 1 I ~ I ~ ~ 2 I i FARM NGTON'~,_ ~~~, I, 1~ '~ NO. 2 I ~l , ~ , ' % ~~ ~ „ , ~ ~; ; ,, , -~--_ ;~.,, , 7 ~ I + i~ ~ ~ I . ~ ~ i ~ ~ ;~ ~ 3 ~ ~ ~ / ~ S ~ ~ , ~ , , ~ ~ , r ~ ~ r s ~ I ~ ~ /± I e ~ ; FARMI L] ~ ~ ~ S \' ~ ~ 2 'p~ 3 ,~,~ ~ EST~ITES~% ~ '~" ; ,~ ~ e i i _~"~- a 4 i ~ , ~a ~ ~ 1 t ^ _ - , ~ ~ ~ '~ p ~C - - _ -_.._ \` ~\\ O. I - -~'- ~\ ~~` i r ~/r~-,WI`~~~`~R~ ~R --- ~ , ---- I ~_J ~ ~ ~ , . ; , , , ~ : ~ ~ , ~ ~ , , ~ ~ ~ ~ ~ i ~~~ i =~--`~ ' ---~ ~ ~ ` ` ~ ~ i , ~ ~ ~ I ~~ : 1 ~ \ ` ~_ I I ~ I ` ~ ``\\ I ~ ----------------- w R~ , i ------------------------------ ------- - - ---- ------- - - - - ------~-~, ~--! ---------------------------------------- _----- _ _ _ ------------ ---------------- J ---------~---~ ,~- ` ` ~- - ----------------,.- --------- -----------~ ------- ------------ '~ - ~-' __----- --------------------------- --- ~ _.- - _ _ ------ _ __ --- - --------------------------------------, ~I _ ~~- " = --._ _-Y _~1_84-- --------__.--- --- -- _ ~ - - ---------------------------- ~ - - ----' _ - - - - ~-" ~ __--- ----__ - ~=84_.~--------- _ _ _ ~ ~ ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF SECTTON 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Merid.ian, Ada County, Idaho: Section 1. That the real property described as: A part of the Northwest quarter of Section 20, Townahip 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the quarter section corner between Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian; thence South 0°14' East 2,645.6 feet to the center of said Section 20; thence South 89°18' West 944,0 feet to the center o~ a lateral; thence traversi.ng along the center ot said lateral North 39°33' West 232.0 feet to a point; thence North 12°44' West 626.0 feet to a point; thence North 54°38' West 570.0 feet to a poi.nt; thence North 14°06' West 202.0 feet to a point; thence North 21°36' West 48.0 feet to a point; thence North 11°50' West 150.0 feet to a point; thence North 8°16' West 150.0 feet to a point; thence North 5°06' West 150.0 feet to a point; thence North 13°02' West 150.0 feet to a point; thence North 19°55' West 450.0 feet to a point; thence ANNEXATION ORDINANCE - VOIGHT/SUN DANCE Page 1 ~ i North 16°24' West 122.0 feet to a point; thence North 8°48' West 15U.0 feet to a point on the North boundary of said Section 20; thence North 89°31' East 2,062.0 feet to the real point of beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning and upon the deeding to the City of four (4) acres in the southeast corner of said parcel, which four (4) acres shall be in a rectangular from sufficient for a park and/or school site. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant wi11 be required to aonnect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to, and controlled by, the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Campiled Orda.nances of the Ci.ty of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-f16, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions sha11 run with the land and bind the Applicant, the titled owners, and their assigns. ANNEXATION ORDINANCE - VOIGHT/SUN DANCE Pa9e 2 ~. ~ f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. g. Deed the four (4) acres referenced in Section 1 above. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Ca.ty Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2~a day of ccf~, 1994. APPROVED: ~ ~ MA. OR -- GRANT P. KI G FORD ATTEST: .~~~~`-"~~ ~ WILLIAM G. BERG, J. - CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) ~-~ - -~ ~- ~ r~ ,~ : ~ V O ~@ ~`~~ ~.+~' ~ev'~ ~ r~ .~ y, ~ r~' • k ~~A` ~~~~ ~ ~ z.. ~ ~~ ~ ~ s ~ ~°'L~~ ~ `-~~~r. _ ~ A ~ . r ~~ . ~ ~'V ~ ~4 1 ~ ~ `f ~~ I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, R.ANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 658 , by the City Council and Mayor of the City of Meridian, on the z~~ day of ~~ccff , 199~, as the same appears in my office. ANNEXATION ORDINANCE - VOIGHT/SUN DANCE Page 3 ~ ~ DATED this ~ ~ ~ G~fs'~ , 1994 . ~ ~ ~~ v ~~~~~~ f ~. ~~' .~• .a ~~~~~ '~ Clerk, City o Me idian * ounty, Idaho ~ «-~- ; STATE OF IDAHO, ) ~~ ~'3T ~ ~ti • ~~d ~ County of Ada, ) ~ ~~~0l~j't , ~~ On this day of ~u s ~f', 1994, before me, the undersigned, a Notary Public in a^ n8' 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 offiaial seal the day and year in this certificate first above written. k,e~3tetari e~~~~d~g ^ae~ ~ y^~ ~ . . ~ °sr v0 y, A'. ~~ ~...__ R ,.,,~f`+a~, SEAL ~ ~' ~ ~ . . ~~~~~ ;u ':., ~ . <~ ~. ~ d: ~~~, ~ y;;~ = /~,D "''e j~ ~ ~~9 ~ - ~L ~ ~ ~ ~v. ~ ~O i ~a ^ ~M`` ~:~L"'~~ ~~`~~ e'~~/~6 r. ~~':j' ~.~ ~\~ ~~~Illliil~~~,, ~iry Publ'.rc for'~daho iding at Meridian, Idaho Commission Expires ~-.2 - 99 ~'4~~ ~ ~.~~ i .: t 1 ;~ 1 r _, -., - n ._ ;i,,;r~...: ... ~.: -. . , ..-.yi:! ~ ,~ i ~~..{ ~ ~ //~,(_~`J// ~~~ ) sy -.~~:°z .~~,/) 9`i t-~{.~ ~tl~ ~ ~ ~~ Fe~ ~.~ . ~ , ~~~ RECc~ __~ , ~T ~F ANNEXATTON ORDINANCE - VOIGHT/SUN DANCE Page 4 ` } • 1-1160 DONALD J. FLATEN 32 W. IDAHO AVE 1-1860 THOMAS A MURRELL 661 W. IDAHO AVE 1-2000 HEIDI SELLERS 331 W. IDAHO AVE. 1-3250 DEI~iNIS F. TAYLOR 801 W. PINE ST. 1-3310 EMIL & E. BRINCKEN 711 W. PINE AVE. 1-3 520 KENT Fi:~fiRMAN 830 W. 2ND ST 1-4100 HAROLD BRISCOE 646 W . FRANKI.,IN RD 2---70 CYNTHIA THOMAS 922 W. 2ND ST 2--630 FLOYD MADSON 930 W. PINE AVE. 2-1050 BILL GRAU 820 N. LINDER RD 2-1160 DION STATES 37 W. CHERRY AVE 2-1370 DEBRA LYNN WHITE 1607 W. 1 ST ST. 2-1440 DAVEN L. STORY 1513 W. 1 ST ST. 2-1430 DOROTHY WADDOUPS 1427 W. 15T ST. 2-1450 MICHAEL RANSLEY 1419 W. 1 ST ST. • 56.00 226.80 98.60 68.80 67.80 80.80 30.00 54.00 108.80 130.00 95.00 72.40 86.40 55.60 88.00 , ~ • 2-1570 MICHAEL LOCK 76.80 1410 W. 2ND ST 2-1610 DENICE DESILET b9.80 1502 W. 2ND . 2-1730 DR. BARRY SAMS 88.00 403 W. CHERRY LN. 2-1960 DONALD M. DICKSON 93.20 233 W. MAPLE AVE. 2-1970 KERRY L. LARSON 56.80 225 W. MAPLE 2-2180 DUWAIN SHEPHARD 108.80 238 CHERRY AVE. 2-2280 RICHARD SCHERER 130.20 201 CHERRY AVE 2-2490 MANUAL BARROSO 67.20 330 CHERRY AVE. 2-2540 PAUL PACK 114.00 1323 W 4T'H ST 2-3180 WALTER RYAN 124.45 1131 W. 7TH ST 2-3702 E. E. BRINEGAR 46.00 1635 MERIDIAN ST 2-4340 RICHARD CARRIER 49.00 1215 ELM COURT 2-4430 PETER F. SNIDER 72.20 1223 NORTHGATE CT 2-4550 TOMMY VINCENT 76.40 1329 W. 13TH AVE 2-4770 CHRISTI FRENCH. 86.40 1430 W. 14TH ST. , ~ • 2-5030 MARTHA JONES. 52.25 1535 NORTHGATE AVE 2-5160 JACK WARD 45.00 1407 W 14TH ST. . 2-5170 JII.L RODRIGUEZ 96.50 1401 W. 14TH ST 2-5610 HOPKINS/ARCHULETA '76.80 1504 W. WASHINGTON ST 2-5670 JAMES R. RANSOM 66.80 1017 W. 15TH AVE. 2-5840 GARY FRAIVI~ 72.20 1338 W. CARLTON ST 2-5850 PHILLIP DUPEROUZEL 57.75 1406 W. CARLTON ST. 2-5870 CONCHETA STALLIVERE 171.10 1432 W. CARLTON ST 2-5960 E. GAINES/R. SCHULER 67.20 1104 WASHINGTON PL 3--394 3 C'S DEVCO b9.00 857 N. TALL PINE PL 4-2280 STEVEN HAMMOND 104.80 1842 W. SONOMA DR 20-163 8 THOMAS LINK 113 .20 1920INCLINE WAY 20-1664 STEVEN MEDLEY 118.50 3761 WOODMONT DR 20-1698 MICHAEL L. MEACHAM 116.20 3720 WOODMONT DR 20-1846 MICKEY L. WARE. 138.20 3721 SEA ISLAND CT , ~ • 20-1862 JOHN QUAPP 104.80 2071 TURNBERRY WY 20-1880 JON D. ROHOLT 111.20 2050INTERLACHEN WY 20-2020 OPAL L. BLUME 119.40 3 815 SUGAR CREEK DR 20-2034 MICHAEL M. GROSSMAN 87.40 3606 QUAKER RIDGE DR 20-2054 FREDRICK C. HUTH 145.00 3419 SUGAR CREEK DR 21---34 LARRY HOCKEMEYER 110.00 1952 KRISTEN WAY 21---38 BOB CHARTERS 47.00 1996 KRISTEN WAY 21-1174 DAVID TWADDLE 127.40 2492 W. CHATEAU DR. 21-1480 BETTE LESTER 103.80 2663 W. CHATEAU DR. 21-1590 DAVID WIIITT'EN 88.40 2151 T4DD WAY 21-1658 R& M HOMES 66.00 2150 TODD WAY 21-1928 BRUCE R. BAII,EY 120.50 2590 REBECCA WAY 21-2940 LAWRENCE KOERNER 88.40 2963 W. FIELDSTREAM DR 21-3088 THOMAS & L. KORELL 43.35 2958 W. RAVENHURST ST 22--326 ROBERT GARRISON. 68.60 1890 W. CHATEAU DR . • • 22--338 JEFF R. BURROUGHS 105.60 1861 TRACY CT. 22--464 KEVIN & M. GLENN 76.65 23 84 N. GLENNFIELD PL 22--840 ROBERT & J. BRAINARD. 69.60 2179 W. CHATEAU DR 22-1060 WII,LIAM & D. HAWI~INS 110.80 2052 N. SPARKLING PL 22-1356 MARVIN L. KERBS 141.30 1983 HENDRICKS CT. 22-1404 ERIC FULKERSON 76.60 1816 MCGLINCHEY ST. W 22-1420 DUANE DAVENPORT 64.60 1719 MCGLINCHEY ST. W 22-1504 RANDY L. SIMPSON 93.00 1764 SANDALWOOD DR. 22-1524 CARL KOCH 84.80 1994 SANDALWOOD DR. 22-1558 EVELYN LOVERDI-CRUZ 217.20 1860 TANA COURT 22-1602 ALLYN HII,TON 99.20 1687 BEARDON CT. 22-1614 DONALD H. FISHER 64.60 1750 BEARDON CT. 22-1634 EVA LOUISE REED 78.20 2291 LIIVDER RD. N 31-10 LINDA L. PADDOCK 102. 80 1131 CHERRY LN. N 31-140 NICHOLAS CORRAL 72.80 1300 YOST CT. W . • • 31-234 JIM F. GABRIELSON 71.40 1625 13TH AVE. NW 31-538 ROBERT L. MILLER 148.80 1521 KINGSWOOIa AVE. 31-776 THOMAS PIEPMEYER 92.20 2218 FAIRWOOD DR. 31-818 TI~RESA FI,OYD 52.60 2104 12TH ST. NW 31-840 GERALD R. BARNOWSKI 126.75 1312 TANA DR. 31-848 PATRICIA G. BERNHARD 44.00 2240 12TH ST. NW 31-874 EDWARD SPELLMAN 112.80 1424 CHATEAU AVE. W 31-1002 COE KIEBERT 70.70 1571 CLAIRE ST. 31-1264 BRENT & JEAN MORGAN 72.60 1232 DARRAH DRIVE 31-2238 MARK TUBBS 80.70 1310 DARRAH DR. 31-2300 DOUGLAS HALLOCK 85.60 1532 LOWRY ST. 31-3002 DAVE CHRISTENSEN 102.60 2240 15TH ST. NW 31-3018 FORREST F. SCHLJSTER 102.40 2218 14TH ST. NW 31-3058 DOROTHY L. HARBOUR 87.00 940 CHATEAU DR. W 31-3060 DAVID BASTIAN 111.00 960 CHATEAU DR. W • • 31-3236 VICKIE HRUSKA 2267 11TH ST. NW 31-3364 ALLEN BURGESS 2282 IOTH NW . 31-3422 TIM ALLEN 1034 FAIRWOOD CT 31-3458 DARRYL HOPKINS 2048 9TH PL. NW 31-3474 SHAWN MCDONALD 2082 l OTH PL. NW 31-3504 LINDA PADDOCK 1 b43 11 TH AVE. NW 31-3514 GEORGE OSTLLTND 1786 11TH AVE. NW 31-3 528 JACK TEATER 193 8 11 TH AVE. NW 31-3620 JOSEPH V. KIEBERT 941 STOREY AVE 32-586 LINDA L. PADDOCK 1717 CRESTMONT DR. 32-652 ROBERT HAMPTON 451 WII,LOWBROOK DR. W 32-884 DEBORAH J. CARLSON 566 TIFFANY DR. 32-1100 JACK & ROSE MARY BURTON 330 CHRISFIELD DR. W 32-1380 CHERRY LANE CONSTRUCTION 524 WATERBURY DR. W 33-108 AMERICAN TEXTILES 200 FAIKVIEW AVE. E 78.40 74.60 70.25 70.20 48.23 44.00 81.50 99.00 103.20 132.00 173.60 70.20 154.80 44.00 86.20 , ~ ~ • 33-348 IVA KISSINGER 229.80 1990 MERIDIAN RD. N 34-366 RONALD PETERSON 72.80 1926 JERICHO RD. 34-496 TIMOTHY LOVE 69.60 2089 SAPPHIRE PL. N 34-588 CHRISTOPHER ERIC JANSEN 66.20 2298 AMETHYST AVE .N 34-800 KENNETH ZEAR 104.20 998 CHATEAU DR. E 34-944 RICHARD DEBRIAE. JR. 85.85 2418 VALMET AVE.N 34-1018 DONALD & JULIE ANN RICE 61.50 2548 ELK COVE WY. N 34-1792 AIVITA NASH 164.50 2167 JERICHO WAY 34-1854 WAYNE MCGURER 84.60 1011 CLAYBOURNE DR. 34-1948 FORREST MOORE 78.60 821 WII,LOWBROOK DR. E 34-1976 MARJO LACROIX 116.40 1028 CLARENE ST. 34-2044 WILLIAM G. MILLER 95.40 1855 TEARE AVE 34-2114 TRACY GRANO 96.60 1842 TEARE AVE. 42-1134 KAREN BLAYNEY 3b.00 2000 APPLEWOOD AVE. N 42-2024 ROBERT V. STEEN 118.20 2149 CHATEAU DR. E . • • 42-2404 PHOEBE ROSE 74.40 2277 LOCHNESS WY. N 42-2496 LESLIE SIEMON 114.80 1961 GLENLOCH ST. E 42-2712 TERRY B. KNAPP 91.35 2581 LAUGHRIDGE AVE. N 50-30 E.E. BRINEGAR 75.90 115 STATE AVE. E 50-226 JAMES HOWELL 14Q.20 234 STATE AVE. E& 236 50-354 ARDIS M. AGAN 166.25 141 b E. CARLTON AVE. 50-1404 MERIDIAN ASSOCIATION 223.70 1406 15T ST. E 50-1452 TED HEPPER 147.50 39 FAIRVIEW AVE. E 50-1778 CECIL CHERRY 63.20 1608 MERIDIAN ST. 50-4482 JOHNNY & HELEN MEYER 64.20 526 PINE AVE. E 50-4506 BETTY B. JACOBSON 64.00 436 PINE AVE. E 50-4582 CAROLE BARRIETUA 140.80 914 2ND ST. E 51-50 AMYX FAMILY LIMITED 70.60 37 BROADWAY AVE. E 51-306 MONIKA LITTLE 87.40 412 BROADWAY AVE. E 51-486 KATHERINE KEELE 117. 70 325 IDAHO AVE. E , , ` . • 51-518 KENT FLJ~~RMAN 509 IDAHO AVE. E 51-714 JOHN M. HUMPHREYS 408 IDAHO AVE. E 51-3234 GARY R. KNOX 205 2ND ST. E 51-3430 ROBERT STRASSER 218 KING ST. E 51-3670 DALE E. BLAKE 55 ADA ST. E 51-3 820 JEFFREY L. CHANCE 342 3RD ST. E 51-4110 STEVEN NESMITH 47 BOWER ST. E 51-4330 JOHN NESMITH 505 1 ST ST. E 52-1100 MERIDIAN SPEEDWAY 322 1 ST ST SOUTH E 69-566 LAWRENCE & DEBRA CHURCH 1035 SHEPHERD ST. E 72-204 THE DEVELOPMENT CO. 1962 RIPTIDE AVE. S 74-18 ALFRED & JEAN HOCKLEY 43 7TH AVE. SW 74-74 DALE HACKING 781 PENNWOOD ST. 74-80 RICH R. BURWELL 513 KEARNEY PL. 74-322 KEVIN EVERSON 684 PENNWOOD ST. 44.00 81.00 67.00 67.00 91.25 50.00 44.00 148.00 1646.70 103.20 91.90 46.80 105.00 88.00 90.70 ~ .,, 74-1316 74-1478 74-2368 74-2442 • ~ NORMAN FULLER 417 MERIDIAN ST. S JOHN DANZER 613 MERIDIAN ST. S FLOYD ELDRED 1014 CRESTWOOD CL. JOHN NESMITH 112 12TH AVE. SW 51.00 32.00 91.30 66.00 TOTAL DUE: 16,452.28