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HomeMy WebLinkAbout1993 03-02AGENDA MERIDIAN CITY COUNCIL MARCH 2, 1993 MINUTES OF THE PREVIOUS N MI'ING HELD FEBRUARY 16, 1993: (APPROVED) 1: FINAL PLAT ON DANBURY FAIR SUBDIVISION #2: (APPROVED) 2: FINAL PLAT ON SUNNY.6ROOK SUBDIVISION # 5: (APPROVED) 3: FINAL PLAT ON FIELDSTONE MEADOWS # h (APPROVED) 4 FINAL PLAT ON GOLF ESTATES SUBDIVISION # 3 & # 4: (APPROVED) 5: ORDINANCE # 595: ORDINANCE A10ND1TG CCMPREFIELVSIVE PLAN* (APPROVED) 6: FINDINGS OF FACT & CONCLUSIONS ON ANNEXATION & ZONING REQUEST ON RUNNING BROOK ESTATES: ( APPROVED ) 7: PETITION FROM'RESIDENTS: OF --K? EfTl%Ui- -'' lES & NEUMAN GREENS REGARDING MESA WAY: 8: PRE:-. TION.•.HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 9: APPROVE THE BILLS: (APPROVED) 10: REVISED BID ON DOWN'T'OWN PRCGEC,T PHASE II: ( APPROVED ) iii BID ON PIPING TULLY PARK & GLENFIELD'MANOR: (APPROVED) 12: BID ON WELL # 15: (APPROVED) 13: BID ON FIVE CREEK STRUCTURE: (APPROVED) 14: REQUEST BY TERRY BEAVER FOR REFUND OF LIQUOR LICENSE FEES: (APPROVED) 15: DEPE�,'T REPORT: MERIDIAN CITY COUNCIL MARCH 2, 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Max Yerrington,.Bob Corrie. Others Present: Frank Thomason, Gerald Marions, Don Bryan, R. Brienbolt, Members of Troop #129, D. J. Holler, Bruce Freckleton, Dan Wood, Les Schild, Gary Smith, Wayne Crookston, Dan Torfin, Gerald Martens, Bill Gordon: MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 16, 1993: The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held February 169 1993 as written: Motion Carried: All Yea: Kingsford: Welcomed Boy Scout Troop #129 to the meeting. ITEM #1: FINAL PLAT ON DANBURY FAIR SUBDIVISION #2: Giesler: There was a letter here from Settlers Irrigation saying that they were not approving their plan. Has that been resolved? Dan Torfin: Representing the developer of Danbury Fair Subdivision. We have seen that letter and our intention is to pay the well development fee similar to what we did in Phase I and not provide the pressurized irrigation to the subdivision. This subdivision is unique that it is located in two districts. There is not a constant flow provided in the irrigation ditch that flows through the property adjacent to this phase. Giesler: So your saying that this has been resolved. Torfin: Our resolution would be to pay the fee. We feel that we can comply with the State Code regarding the irrigation water without providing the pressurized irrigation. Kingsford: It's the City's unwritten policy to encourage people to utilize those irrigation systems. We have had quite a little dialog now particularly with Nampa Meridian, they have been in dialog with Settlers, certainly it would be our desire if those irrigation facilities would be used. • MERIDIAN CITY COUNCIL MARCH 21 1993 PAGE 2 Torfin: We can support a system similar to what they are proposing in the Vineyards and we have had discussion with Nampa Meridian in most of the cases we have intermittent ditches where farmers are still using the water and we just don't see it as being a feasible system right now. Kingsford: They didn't make any proposals to you in terms of the delivery system. Torfin: No this letter is it. Kingsford: Again, I would just encourage you to try and work with them. Giesler: One other thing was the recommendation or a quote here from the Ada County Engineer that Block 5 was miss numbered. Torfin: We can resolve that. The Motion was made by Giesler and seconded by Yerrington to approve the final plat on Danbury Fair #2 conditioned upon resolution of the Settlers issue, the Ada County Engineer and the City of Meridian Engineer. Motion Carried: All Yea: ITEM #2: FINAL PLAT ON SUNNYBROOK SUBDIVISION #5: Corrie: We have some of the same problems with a little different conditions as far as irrigation. Have you seen that letter too? Dan Torfin: Yes we've got the letter and I guess we have the same situation there. We do not have a large ditch that provides a continuous flow of water. Your stipulation on resolution of Settlers Irrigation District requirements, what would that be specifically? Giesler: That you look into their questions and that they feel comfortable with it. I would like that report given to our City Engineer and that he feels comfortable with it. This system that the Mayor is talking about is something fairly new that looks very attractive to the City and not many developers are aware of what's going on with Ada County. Maybe you are but it's something we're excited about. I would like you to research that a little more. MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 3 Torfin: Your referring to the system that Nampa Meridian Irrigation District is proposing to joint venture with Boesiger. Giesler: Yes. Torfin: We have been involved in come discussions with Nampa Meridian regarding that. If there is no resolution with Settlers, I believe they've taken a stance that this is their requirement. What does that mean to the developments that are taking place right now? Kingsford: This is the first time we've seen a letter like this. I would say you know again, you need to contact them. If they can't come up with a system that delivers water during a normal irrigation season then I certainly wouldn't hold you to it and I don't think the rest of the Council would either. Torfin: We have had some discussions with them and we can continue to have some dialogue with them. Steve Bradbury, representing B. W. Inc., Dennis Baker's Corporation involved in this project and several others. Dennis and I and Dan have had several discussions over the course of the last couple weeks with respect to this letter that we received from Settlers. I'm not representing the developer of Sunnybrook, but Danbury Fair. I guess the reason that I wanted to stand up here is because it seems to be my client is being placed in an awkward position for practical reasons and probably for legal reasons as well. From a practical stand point we'll have if Settlers, what we're being is we're being batted back and forth a little bit between Settlers and the City and from that standpoint we're going to be trying to deal with Settlers who would like to impose upon I guess everybody the requirement that they deliver irrigation water to lots in subdivisions. The statute that I looked at this afternoon before I came here today 31-3805 doesn't provide irrigation district's with the authority to impose that requirement but instead gives the developer of subdivisions essentially three options. Either deliver water transfer from the lands out of the district or disclose to buyers that they are within a district. That statute does not provide the irrigation district with the authority to impose one or more of those conditions upon a developer. Now in this particular subdivision, in the preliminary stages of this subdivision I didn't find any condition of approval that required delivery of water to the subdivision from the irrigation entity. I guess from what I MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 4 understand Phase I of this subdivision was approved on condition that the developer enter into an agreement with the City to pay a certain amount of money per lot, which in fact he did. Now in Phase II we may be facing the situation of having to deal with Settlers Irrigation. In future phases we're likely to be in a situation where we've got not only Settlers but Nampa Meridian, so if we follow this process through we're likely to have a situation where Phase I is getting City water and future phases are getting water either from Settlers or from Nampa Meridian so we're likely to have in the end if this all works out to the possible scenario, three separate water delivery systems in this single subdivision. So from a practical standpoint, I think you can understand that that's more than a little awkward. From a legal standpoint, I realize that you don't want to get caught in a situation where your between the developer and the Irrigation District, and I can appreciate that. By the same token I'd ask that you not make the situation any worse by imposing a requirement that we somehow resolve the situation with the irrigation district who apparently has taken a rather stiff stance. I guess the suggestion that I'd like to make is that rather than having a requirement that we some how resolve it to the satisfaction of the irrigation district, that instead you simply approve the subdivision the same way you approved the previous phases of the subdivision so that we can get the subdivision going and if in fact we can come up with a situation that makes good sense to deliver water from the irrigation district as opposed to paying the fees that were paid for Phase I then perhaps we can back track at that point. Kingsford: Counselor that's what we just did. In terms of legalities, our Council has adopted an Ordinance that says you will provide pressurized system in lieu of that we have set up a lot fee thing that we would hope in the not to far distant future to abandon so that all developments will have to be on pressurized system. I think what Mr. Giesler proposed is that yes we go ahead but please do continue that dialogue. In terms of Phase I, that not all that far down the road that Settlers and Nampa Meridian may be able to come up with a system to go in and pressurize that system as well. Once the plat is signed it's a done deal. Bradbury: How will we know whether your going to sign the plat? Kingsford: When we get feed back from the developer or the engineer that, Yes we have tried this and these are the problems. Bradbury: Okay so just some indication that there's been some further dialogue. MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 5 Bradbury: Okay I follow you and I appreciate you taking the time to hear me. The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Sunnybrook Subdivision #5 conditioned upon a dialogue continuing with Settlers Irrigation and meeting the City Engineer's requirements. Motion Carried: All Yea: ITEM #3: FINAL PLAT ON FIELDSTONE MEADOWS #1: Corrie: The Fire Department had one question on that N. Fieldstone Way needing a turn around. Torfin: We'll have a turn around on the plans for that. The Motion was made by Corrie and seconded by Tolsma to approve the final plat on Fieldstone Meadows #1 conditioned upon the engineer's report being met and the dialogue with Settlers Irrigation District. Motion Carried: All Yea: ITEM #4: FINAL PLAT ON GOLF ESTATES SUBDIVISION #3 & #4: Gerald Martens, EHM Engineers, representing the developer of this project. I have reviewed the letter from the Engineer with the comments and we concur with all the recommendations of the City Engineer and Mr. Niemann and we will be making those changes on the plat. Kingsford: Asked City Engineer to address where we stand with lift station. Eng. Smith: The lift station is active as of yesterday I believe so it is in operation and pumping sewage as it was designed to do. Engineer Martens was in my office this morning and we met 0 MERIDIAN CITY COUNCIL MARCH 21 1993 PAGE 6 L� and talked about the location of the lift station with respect to the #4 subdivision and the alignment of the streets as being submitted on #4 verses the alignment that was approved under the preliminary plat of Golfview Estates as a total development. Mr. Martens stated that they would be willing to withhold the request for building permit on the lot that is shown on the present submittal of #4 that would be directly east of the location of the lift station so that we would have access to that lift station and they would provide access to that lift station for US. At the time that the sewer line or at the time that #4 subdivision is constructed they would propose installing a wet line sewer that would flow to the south and dump into the existing manhole at that cross intersection that they show on the #4 plat and then at the time that #5 was submitted for approval and construction they would move the lift station, they would abandon the sewer line that now flows north to the lift station then the sewage would flow on to the west toward Blackcat. It would work from a standpoint of operation of the lift station where it exists and the only thing that we would have that might be contrary to the way things would be done on a usual basis would be two sewer lines in that street, one flowing north and one flowing south and one of them would be abandoned as #5 phase is developed. We had that same situation develop on the #1 subdivision where we had two lines, one flowing east and one flowing west and as the existing lift station in Cherry Lane Village was taken out of service then one of those lines was abandoned. So that was Engineer Marten's proposal to me this morning by his developer. At that time, although I haven't had a lot of time today to really sit down and consider it in detail, it didn't sound to me as though it was a major problem, as long as we have their written authorization and agreement that they would not pursue a building permit on the lot opposite the lift station as it exists today and that we would have an all weather road access into that lift station. Corrie: The Fire Department had that on North Golfview it needs a turn around there. Martens: We would provide the necessary turn around at that location. Eng. Smith: I might make one other comment, when we noticed that there was a problem with the location of the lift station and the alignment of the streets in the #4 subdivision, I visited with Jack and the City Engineer's Department did not submit a detailed review of the final plat to Jack so that has not been done yet. • MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 7 The Motion was made by Tolsma and seconded by Yerrington to approve of the final plat of Golf Estates Subdivision #3 & #4 conditioned upon the development agreement as per the City Engineer's requirements and the receiving of the proper documentation the Zoning Administrator requested. Original Motion made by Tolsma withdrew, and Yerrington withdrew his second. The Motion was made by Tolsma and seconded by Yerrington to approve of the Final Plat of Golf Estates Subdivision #3 & #4 conditioned upon a development agreement as per the City Engineer's requirements and receiving documentation as required by the Zoning Administrator and the continuation of the dialog with Settlers Irrigation on a pressurized system. Motion Carried: All Yea: ITEM #5: ORDINANCE #595: ORDINANCE AMENDING COMPREHENSIVE PLAN: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILES ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT, ADOPTING THE 1992 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE AREA OF IMPACT BOUNDARY AND CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY AND CHANGE THE MERIDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #595 read in it's entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #595 be passed and approved. Motion Carried: All Yea: ITEM #6: FINDINGS OF FACT & CONCLUSIONS ON ANNEXATION & ZONING REQUEST ON RUNNING BROOK ESTATES: Giesler: Questioned issue of wetlands. Kingsford: It is my understanding that it is resolved or it will be de -annexed. C� MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 8 G The Motion was made by Corrie and seconded by Yerrington that the Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Tolsma - Yea; Corrie - Yea; Giesler - Yea; Yerrington - Yea: Motion Carried: All Yea: Crookston: If you still want to address the wetland issue further, it can be done in the Ordinance. The Motion was made by Yerrington and seconded by Tolsma that the City Council hereby decides, that if the property is included in the Urban Service Planning Area, the annexation and zoning requested by the Applicant for the property described in the application is approved with the conditions set forth in these Findings of Fact and Conclusions of Law and compliance with the Ordinances of the City of Meridian. Motion Carried: All Yea: ITEM #7: PETITION FROM RESIDENTS OF KACHINA ESTATES & MERIDIAN GREENS REGARDING MESA WAY: Yerrington: Conflict of interest, will be stepping down. Les Schild, 2554 Mesa Way, Meridian. Previously I submitted a petition with some signatures and I have a couple more that we were able to get today. Those are residents of Meridian Greens Subdivision who also oppose the connection of that road. Originally that connection was desired to give an emergency access with the Glenco Development. Concerns stated about increased traffic. Kingsford: It would be my recommendation that the Council amend their requirement of Glenco to pave through that subdivision but require them to pave up to their property line and to not allow vacation of the easement. Schild: It is paved now. - Giesler: Would we need to remove that condition on Glenco? • MERIDIAN CITY COUNCIL MARCH 29 1993 PAGE 9 • Kingsford: As I recall the condition was placed on Glenco that they pave that to the current Mesa Way and so we would need to remove that requirement and state a position opposing vacation of that easement and direct that to the Highway District. The Motion was made by Giesler and seconded by Corrie that we remove the requirement for Glenco Development that they do not be required to connect Kingsford Drive to Mesa Way but that we do oppose the vacation of the easement going through that property. Discussion Held (See tape) Giesler withdrew original Motion and Corrie withdrew the second. The Motion was made by Giesler and seconded by Corrie that we remove the requirement for Glenco to pave that section upon continuation of an access to Meridian Road to the west and oppose vacation of an easement between Kingsford and Mesa Way. Motion Carried: All Yea: Yerrington - Abstained: ITEM #8: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre -determination hearing at 7:30 P.M., 03-02-93 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued 03-17-93 unless paid in full. Is there anyone present who wishes to contest their water, sewer, trash delinquency? O. J. Hollar, Pastor of Ada County Baptist Church. We've been given this letter and I have talked with the office the beginning of February and asked them for a re -reading on the meter. They wrote up a re -read on it and we have not received anything yet. I was assured at this time that this wouldn't occur and yet I have not received anything on it. We're being charged for more gallons of water than what we have used in over three years. Gave examples of last years billings. Account number is 60468 and the address is 301 E. 3rd. The Motion was made by Tolsma and seconded by Yerrington to approve the turn off list with the exception of account #60468. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 10 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 is $8,545.31. ITEM #9: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Yerrington to approve the bills. Motion Carried: All Yea: ITEM #10: REVISED BID ON DOWNTOWN PROJECT PHASE II: The Motion was made by Yerrington and seconded by Tolsma tie. authorize the Mayor and City Clerk to sign the Notice to Proceed'-, to Barton Construction. Yerrington withdrew original motion and Tolsma withdrew second. The Motion was made by Yerrington and seconded by Tolsma to approve of the Barton Construction Bid and to authorize the Mayor and City Clerk to sign those documents. Motion Carried: All Yea: ITEM #11: BID ON PIPING TULLY PARK & GLENNFIELD MANOR: Eng. Smith: On February 19th at 4:00 P.M., we opened bids for the tiling of Settlers Canal through the future Tully Park area and also through Glennfield Manor #3 Subdivision and we had five bidders and we did have a low bidder. (Abstract of bids passed out to Council Members) The low bidder is St. Clair Construction at $126,086.40 and that was for the reinforced concrete pipe alternate. The cost for the section through Tully Park was $73,459.40 and the section through Glennfield Manor was $52,627.00. I've been in contact with St. Clair Contractors concerning any possible savings to us in terms of construction of the pipeline, in light of the funding requirements for the project and the information that St. Clair Contractors came back to me with amounted to about $3500.00 in savings is all they could do. He also indicated that he would like to proceed as soon as possible and get pipe hauled into both of the areas while the ground was still frozen. We've reviewed the bid documents 0 MERIDIAN CITY COUNCIL MARCH 21 1993 PAGE 11 a and I have prepared a Notice of Award letter and documents that I would transmit on to them with your approval as award of the project and then they would need to return signed contracts along with their performance of payment bond and certificates of insurance prior to us issuing Notice to Proceed. Corrie: Will there be any open ditch there at all now after they get all this tiles? Eng. Smith: No. Well in the Tully Park area there would be a drainage ditch out of that last structure to the north that would be an emergency drain or a flush drain that would be opened by a slide gate in that last manhole and they would drain that onto the north into Five Mile Creek. The section through Glennfield there wouldn't be any open ditch through the developed areas of Glennfield. With the development of Valerie Place Subdivision, which is to the south of Glennfield #6 and adjacent to the east side of Crystal Springs, Settlers Ditch would then be tiled all the way to Cherry Lane. As Cherry Lane Roadway Project develops they would then tile Settlers Ditch on to the west until it crosses Cherry Lane Road and then on to the west until it crosses over — well actually I guess Settlers would be tiled all the way to Golfview then. The Motion was made by Tolsma and seconded by Yerrington to approve of the low bid for tiling of Glennfield Manor #3 and Tully Park ditches and to authorize the City Engineer to proceed with the Notice of Award and to authorize the Mayor and City Clerk to sign the appropriate documents. Motion Carried: All Yea: ITEM #12: BID ON WELL #15: Eng. Smith: On February 26th at 3:00 P.M., we opened bids for drilling of City Well #15. (Bid Abstract passed out to Council Members) We had four bidders, which in my experience bidding wells is unusual. Pete Cope Drilling was the low bidder and they bid the reverse rotary method and their total bid was $67,670.00. The one thing that still remains undone on this project is that I haven't received formal approval from State of Idaho Department of Environmental Quality on our Bid Specifications. Is you do want to proceed with this award, I would request that the award be made contingent upon our receiving approval from DEG on our bid documents and also on the well site. • 0 MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 12 Corrie: Where is this well going to be drilled? Eng. Smith: This would be on the west side of Linder Road about eight hundred feet south of Cherry Lane. It would be in a l.ot at the Linder Road entrance to the Vineyards Subdivision. The Motion was made by Yerrington and seconded by Tolsma to approve of the low bid of Pete Cope Drilling for Well #15 conditioned upon approval from DEQ and their approval on the well site. Motion Carried: All yea: The Motion was made by Yerrington and seconded by Giesler to approve of Mayor and City Clerk signing documents on Well #15. Motion Carried: All Yea: ITEM #13: BID ON FIVE CREEK STRUCTURE: Eng. Smith: We had another bid opening on February 26th at 4:00 P.M., on construction of a flow measurement structure in Five Mile Creek and this was being bid and constructed to meet our requirements on our EPA discharge permit from the Wastewater Plant. (Abstract passed out to Council) The purpose of this project was to provide a method of continuous flow monitoring in Five Mile Creek. Our permit requirements for discharge to Five Mile Creek require that we do certain thing when the dilution ratio reaches a certain number when it gets to small then we have to pump the Boise River because of the dilution. We are required to maintain a certain dilution ratio in order to discharge to Five Mile Creek. As part of our new permit EPA wants us to continuously monitor that flow in Five Mile Creek and that necessitated building a concrete structure in Five Mile Creek, getting approval from FEMA because it is a flood plain area out there and the Nampa Meridian Irrigation District because it's there maintenance jurisdiction. (Explained further — see tape) We have three bidders. Bermensolo Construction was the low bidder at $31,434.00. I would recommend that we proceed with award to Bermensolo and the construction of the project. The Motion was made by Yerrington and seconded by Tolsma to approve of the low bid from Bermensolo Construction and authorize the Mayor and City Clerk to sign the appropriate documents. Motion Carried: All Yea: s MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 13 ITEM #14: REQUEST BY TERRY BEAVER FOR REFUND OF LIQUOR LICENSE FEES: Kingsford: Mr. Beaver has requested a refund because he is not open. Beaver: I paid the fees on the anticipation that I'd come up with a partner and it didn't come through and the bar is still closed and I lost the bar and I'm asking for my money back. The Motion was made by Giesler and seconded by Tolsma to approve of the refund request for liquor license in the amount of $762.50. Motion Carried: All Yea: ITEM #15: DEPARTMENT REPORTS: Eng. Smith: Back on February 19th, I handed out a memo to each one of you concerning building permit issuance for residential construction in our subdivisions. I need to get your guidance as to how to proceed on this matter. In that memo I outlined several items that were of concern to your staff. I also raised a question about the availability of emergency vehicles to respond in subdivisions that didn't have a roadway that you could travel on. I have several permits that are held up at this time, pending a resolution of this matter. I've been in contact with several of our sister City's to see how they handle issuing building permits and I'd like to relate this information to you. In Boise if the Fire Department can't provide Fire Safety to a building under construction then no building permit is issued. They will issue a footing and foundation permit only without access that would be available for a fire truck. The City of Nampa building permits are issued as soon as the plat is recorded and a subdivision improvements bond is posted with the City. No occupancy permit is issued until sewer and water systems are operational. When I talked to the City of Nampa Official he said, I don't think you should use us as a sterling example of how this should be done. They have some concerns with the way it's being handled there now. In Caldwell building permits are issued only after an all weather roadway is built that would allow fire truck access. In Caldwell, the building department is under the jurisdiction of the Fire Department so that may be one reason why it's that way. Today I met with two developers that MERIDIAN CITY COUNCIL MARCH 21 1993 PAGE 14 are being impacted by my holding of these building permit requests. The Boesigers, who are doing the Vineyards Subdivision. I also met with Gary Lasher and Rod Trumbull from Rod's Parkside Creek Subdivision, farther to the west on the south side of Cherry Lane, south of Cherry Lane Village. Probably the one development that brought this to a head was the Parkside Creek Subdivision and the fact that two of our inspectors have four wheel drive vehicles allowed them to get into those sites for inspections. The Builders have been parking out on Cherry Lane and walking in. They've been pumping concrete to the foundations because they couldn't get the concrete trucks in there. At this time, the Vineyards Subdivision does have graveled roadways and reportedly they have been accepted by the Highway District as base for a paved roadway. According to our Building Inspector, Daunt Whitman, the roadways are in good condition in the Vineyards. The Parkside Creek Subdivision, as long as it stays frozen is accessible. The developers report that they have placed about $10,000.00 worth of gravel into those roadways and the net result is the gravel has gone underground and I don't think it's serving much purpose. In the Parkside Creek Subdivision, they have committed to two parade home lots or two lots for the parade of homes for this year. In order for those homes to be part of the parade, they have to be constructed by the middle of May. I believe that as of late today, Gary Lasher informed me the Parade of Homes has been moved back one week because of the wet conditions we've experienced in the valley. My discussions with Mr. Lasher and Rod Trumbull and Boesigers today and it was an agreed upon discussion between all of us that we would issue a foundation only permit to the Lasher- Trumbull Development for the two parade homes that have been committed, that would allow them to build the foundations and within the time period of building the foundations and having to start framing the weather will cooperate allowing them to install some gravel in their roadways and give us access that we need. They agreed to this. My recommendation would be that, and 1 don't know how this is to be done by the Council but I would like to see something of a formal nature that would require a stable roadway surface be prepared in a subdivision prior to issuance of building permits. This would be with an exception at this time of those two homes in Rod's Parkside Creek Subdivision that are being prepared for Parade of Homes. Kingsford: Mr. Corrie, might it be reasonable that we have that stable road then be approved by the Fire Department since likely theirs will be the heaviest equipment. Corrie: I would recommend that. MERIDIAN CITY COUNCIL MARCH 2, 1993 PAGE 15 Corrie: A stable road — what do you mean by that? Eng. Smith: It would need to support a fire truck and I think that would probably amount to a road bed the highway district would accept. We need to work with the development community and allow them to access these subdivision as soon as possible. In my opinion, this is a reasonable request. The Motion was made by Tolsma and seconded by Corrie to approve of a Resolution outlining the requirements for Building Permits, that they have a stable road bed approved by ACHD before issuance of any permits, exclusive of the two in Rod's Parkside. Motion Carried: All Yea: Tolsma: I have three gentlemen at the Water Department that have received new degrees. Bruce Stuart, Greg Walker, Harold Hudson, Jr., Donald Cade and also Clifford Ayers from Wastewater. They are all doing this on their own time. Kingsford: I think this is real commendable that they all went to that degree to improve themselves and help the City. I have three things I'd like to mention. First off this Friday at 12:30 there's a planning session at Boise City Hall that I'd like either Bob Corrie or Max to attend with me. Corrie: I can attend. Kingsford: We tried to close on the post office property today and were advised by the title company that we need to have to them tomorrow a Resolution authorizing the Mayor and the City Clerk to sign those documents. The Motion was made by Yerrington and seconded by Tolsma to authorize the Mayor and City Clerk to sign the documents purchasing the old post office building. Motion Carried: All Yea: Kingsford: I'd ask the Council to go into Executive Session for about five minutes to discuss personnel. The Motion was made by Tolsma and seconded by Corrie to go into Executive Session at 9:00. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 29 1993 PAGE 16 Kingsford: I will call the meeting back to order at 9:25 P.M., in Executive Session we discussed personnel. At this time, I'd entertain a motion to approve of advertising for a new position with the City. Combination Planner/Administrative Assistant who answers to the Mayor and Council. The Motion was made by Yerrington and seconded by Tolsma to approve of advertising for the new position. Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Corrie to adjourn the meeting at 9:26 P.M. : Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT P. Oft., ATTEST: ■- ATTEST: JA NI-EE MAN , CITY CLERK r s R F •' 1 0 40 r Q.,0. .0. 0 o Q o 0 •- .. . 0 o Q O O G G a x.... 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FIRST AMENDMENT TO THE IRRIGATION WATER CANAL REPAIR AND ESCROW AGREEMENT The First Amendment to the irrigation Water Canal Repair and Escrow Agreement ("First Amendment) is an amendment to the irrigation Water Canal Repair and Escrow Agreement ("Agreement") recorded on July 9. 1992, as Instrument No. 9245518 with the Ada County Recorder, and is entered Into on this„ day of 1993, by and between the Settlers Irrigation District ("Settlers"), an Irrigation district organized and existing under and by virtue of the laws of the State of Idaho, and Golfvlew Associates Limited Partnership ("Purchaser"), an Idaho limited partnership. This First Amendment shall not, except as herein provided, release or otherwise effect New Concepts Developers, Inc. ("New Concepts"), an Idaho corporation which was a party to the Agreement but which is not a party to this First Amendment. First Amendment pertains to that property attached hereto in SLA• The purpose of this First Amendment Is to; (1) extend the period of time for the Purchaser, substituted for the Developer only for the purpose of this First Amendment, to complete the repair of the System crossing the Easement Property from December 1, 1992 until March 1, 1993; 121 -extend the -period of time lot the Pwohowir , (3) set out a schedule for the construction of the System crossing the Easement Property; and (4) provide further assurances to Settlers First Amendment • 1 e:78p1oaaoo7.AoM/�.e.o� eels. by the Purchaser providing a one year warranty for the construction of the System crossing the Easement Property. In consideration of the foregoing, the Agreement, Is hereby changed to read as follows: 1. In Section One (1) of the Agreement, the date of December 1, 1992 shall be changed to read February 19, 1993; the dote January 31, 1993 shall be changed to read March 1, 1993; and only for the purpose of the First Amendment, the word Developer(s) shall be changed to read as Purchaser; 2. Section Two (2) of the Agreement shall be replaced with the following language and shall be changed to read as follows: 2. Notwithstanding anything to the contrary in Section 1, the Developers shall not be required to repair the System upon the Easement Property If all of the following conditions have been satisfied;�� adv� a. The Developer o taie written approval of Settlers concerning the design, materials, location, a now easement, and construction, Including construction supervision, for the relocation and construction of the System crossing the Property prior to commencement of any System relocation construction, which approval must be obtained on or before February 15, 1993. Such approval shall be in Settlers, sole discretion; b. The relocation and construction of the System crossing the Property must be completed on or before March 1, 1983; C, After construction and Installation of the System crossing the Property Is completed, the Purchaser shall provide a certificate from Gerald L. Martens, P.E., EHM Engineers, Inc. that the System crossing the Property has been constructed according to the plans and specifications approved by Settlers. First Amendment - 2 3470 ►coo MOM/=.S.0 vin 0:,,09, 93 11124 $ ©Or0000a3800 G 0 f A K ►.0d d. The Purchaser shatf provide reasonable notice to Settlers concerning all work schedules and test schedules so that Settlers may attend if It so desires. e. The existing pipeline and canal will not be removed until the now pipeline has been completed and approved by Settlers. f. The costs for any such System relocation shall be borne solely by the Developers; and g. Developers agree to indemnify and keep Indemnified Settlers from any and ell damages, losses, or expenses occasioned by claims from anyone or any entity arising out of any flooding or out of the interruption or Interference with the flow of irrigation or drainage water caused by the Developers due to the alteration, construction, modification, relocation or change of the System across or adjacent to the Property. 3. A new section is to be added as Section Fourteen (14) which shall read as follows: 14. The Purchaser warrants and guarantees to Settlers, for a period of one (1) year following the completion of any repair or construction, that any repairs or construction of the System performed by the Purchaser, or ite agents or assigns, pursuant to the Agreement or the First Amendment, shall be free of all defects In materials and labor. Promptly upon notification by Settlers of any breach of this warranty, the Purchaser, at its sole expense, shall take all steps required to correct any deficiency. in the event the Purchaser falls to commence within ten 110) days to undertake and complete, using all due diligence, the correction of deficiencies following notice, Settlers shall have the right to: undertake action to correct any deficiencies, Including hiring of an engineer to properly design and construct the System and to charge the costs thereof to the Purchaser. 4. The Purchaser agrees, upon demand by Settlers, to reimburse Settlers for any and all reasonable attorney's fees they have Incurred due to the preparation and negotiation of this First Amendment and any representation related to the First Amendment - 3 32"OW,0O ? AOMf2.A.G3 8919 M.- 02/0'3'93 113224 0 a 00000000000 • G 0 F A X P.135 Purchaser's failure to comply with the terms of this First Amendment and the failure of the Purchasers to maintain the System on the Easement Property. S. All capitalized terms, not herein defined, which are contained In this First Amendment shall bo defined terms and shall have the meaning given to them in the Agreement. S. No other terms and conditions of the aforementioned Agreement are hereby changed by this First Amondment and these changes shall take effect upon the date of execution of this First Amendment by the last party to so execute. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day end year as Indicated below. -V2-113 ( ate) R� R 1973 (Date) First Amendment - 4 3279019100007.AOM12.3.93 SETTLERS IRRIGATION DISTRICT -0� J - - ,� Don Smitchger, Preslden GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP By: SEABOARD CORPORATION, General Partner Brian M. McCoy, Pre dent • STATE OF IDAHO is . ss. County of Ada ) On this& day o , 19 before me, a notary public in and for said state, personal- ly appeared ON SMITCHGER, known or identified to me to be the President of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand the date first above written. Notary Public for Idaho Residing at: _ Q ez_2i My commissi n expires: STATE OF IDAHO . ss. COUNTY OF Ada On this 71# day of FfB , in the year 1992, before me, a Notary Public in and for the State of Idaho, personally appeared BRIAN M. MCCOY, known or identified to me to be President of Seaboard Corporation, General Partner of Golfview Associates Limited Partnership, who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and official Jeal the day and year first above written. �. i••Op''''�, AA KRIS c s • a iCj OF• First Amendment - 5 327801 OOW 7.AGM/2.3.83 Baine NOTARY PUBLIC in and fdF the State of Idaho, residing at i w--'" L S My commission expires ao r, /7, /777 EXHIBIT—A A parcel of land being a portion of the Southwest 114 of Section of 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said Southwest 1/4 of Section 3; thence South 89 ° 14' 51 " East 1023.64 feet along the Southerly boundary of said Southwest 1/4 to a point, also said point being the REAL POINT OF BEGINNING; Thence leaving said Southerly boundary North 00045'09" East 968.84 feet to a point; Thence North 77°30'00" West 115.22 feet to a point; Thence North 63010'00" West 365.00 feet to a point; Thence North 65 010'00" West 428.00 feet to a point; Thence North 89°21'59" West 195.00 feet to a point on the Westerly boundary of said Southwest 1/4; Thence along said Westerly boundary of the Southwest 1/4 North 00038'01" East 151.88 feet to a point on the centerline of the Safford Sub Lateral; Thence along said centerline of the Safford Sub Lateral the following courses and distances South 89018'03" East 1303.75 feet to a point; Thence South 89019'47" East 573.58 feet to a Point; Thence North 77007'56" East 25.12 feet to a point marking a point of curve; Thence along a curve to the right 34.28 feet, said curve having a central angle of 28008'20", a radius 69.80 feet, tangents of 17.49 feet and a long chord of 33.94 feet bearing South 88047'54" East to a point of tangent; Thence South 74043'44" East 46.27 feet to a point; Thence leaving said centerline of Safford Sub Lateral South 00°30'11" West 146.44 feet to a point; Thence South 89019'58" East 330.12 feet to a point; Thence South 00028'53" West 459.03 feet along the Westerly boundary of the Amended Plat of Cherry Lane Village No. 1 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 45 of Plats at Pages 3647 and 3648 to an iron pin marking the Northeasterly corner of Golf View Estates Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho In Book 57 of Plats at pages 5348 and 5349; Thence leaving said Westerly boundary of the Amended Plat of Cherry Lane Village No. 1 Subdivision North 52001'07" West 372.47 feet along the Northerly boundary of said Golf View Estates Subdivision to an iron pin; Thence leaving said Northerly boundary of Golf View Estates Subdivision along the following courses and distances along the Westerly boundary of said Golf View Estates Subdivision to iron pins South 37058'53" West 275.40 feet; Thence South 26013'23" West 110.76 feet; Thence South 20032'06" West 110.43 feet; Thence South 12051'01" West 110.43 feet; Thence South 05009'56" West 110.43 feet; Thence South 02031'09" East 110.43 feet; Thence South 00050'41" West 108.35 feet; Thence South 00018'09" East 50.00 feet; Thence South 89041'51" East 20.54 feet; Thence South 00° 19'53" West 185.64 feet to an iron pin on said Southerly boundary of the Southwest 1/4; Thence North 89°14'51" West 735.81 feet along said Southerly boundary of the SW 1/4 to the point of beginning, comprising 37.49 acres, more or less. TOGETHER WITH a portion of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found brass cap monumenting the Southwest corner of said Section 3; thence along the Southerly line of said Section 3 South 89°14'51" East 2645.03 feet to a found brass cap monumenting the South 1/4 corner of said Section 3; thence continuing along said Southerly line North 89014'51" West 330.63 feet to a found steel pin on the Westerly line of the Amended Plat of Cherry Lane Village No. 1 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 45 of Plats at Pages 3647 and 3648; thence along said Westerly line North 00028'53" East 40.00 feet to a set aluminum cap monument, said aluminum cap monument being the REAL POINT OF BEGINNING; Initial Point Thence continuing along said Westerly line North 00028'53" East 830.00 feet to a set steel pin; Thence leaving said Westerly line North 52001'07" West 372.47 feet to a set steel pin; Thence South 37058'53" West 275.40 feet to a set steel pin; Thence South 26013'23" West 110.76 feet to a set steel pin; Thence South 20032'06" West 110.43 feet to a set steel pin; Thence South 12051'01" West 110.43 feet to a set steel pin; Thence South 05009'56" West 110.43 feet to a set steel pin; Thence South 02031'09" East 110.43 feet to a set steel pin; Thence South 00°50'41" West 108.35 feet to a set steel pin; Thence South 00°18'09" East 50.00 feet to a set steel pin; Thence South 89041'51" East 20.54 feet to a set steel pin; Thence South 00° 19'53" West 185.64 feet to a set steel pin on the Southerly line of said Section 3; Thence along said Southerly line South 89014'51 " East 555.00 feet to a found steel pin; Thence leaving said Southerly line North 00028'53" East 40.00 feet to the POINT OF BEGINNING, comprising 12.30 acres, more or less. 158 40 so ORDINANCE N0. ' 595 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILED 'ORDINANCES OF THE CITY Or MERIDIAN AND BY SAID AMENDMENT,' ADOPTING THE 1992- AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS• CHANGE THE AREA OF IMPACT BOUNDARY AND CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY AND CHANGE THE'ME.R'IDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY; AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the Mayor and the City Council 'of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the.said City'to amend the Comprehensive•Plan of the 'City of Meridian; - WHEREAS, the Planning and Zoning Commission of the City of Meridian instituted proceedings in November of 1992 to amend the Comprehensive 'Plan of the City of Meridian by petitioning for amendment; and.. WHEREAS, all of the requirements of the Local Planning Act of 1975, Chapter 659 Title 679 Idaho Code, and all of the requirements of the amendment procedures of the Comprehensive Plan of the City of Meridian -have been met, including adoption of findings of fact and conclusions of law; and WHEREAS,. Section 67-6509 Cc), Idaho Code provides that Comprehen'si•v-e .:Plans* and ' 'amendwents thereto may be adopted by reference;' WHEREAS, Section 2-1102 of the Revised and Compiled Ordinances of the City of Meridian was previously adopted to amend the Comprehensive Plan of the City of Meridian and whereas it is in the best interest of the City to amend the Comprehensive Plan by amendment of Section 2-1102 and incorporation of said amendments by reference in that section; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 2-1102 of the Revised and Compiled Ordinances of the City of Meridian is hereby amended to read as follows: • 4 159 2-1102: AMENDMENTS TO THE PLAN: The amendments to th•e Comprehensive Plan of the City, which were processed pursuant to the Meridian Comprehensive Plan and Title 679 Chapter 659 Idaho Code, are hereby adopted by the City and said Comprehensive Plan is hereby deemed amended as provided in said amendments; the amendments have respective dates of April 2, 1.984, February 19, 1985, September 3, 1985, January 39 1989 and July 17, 1992., and March.2. 1.993. Said amendments to the Comprehensive Plan of the City are hereby adopted by reference thereto above, as authorized by section 67-7609 (c) and 50-9019 Idaho Code, but said amendments are incorporated herein as if set forth in full. Three (3), copies of said amendments are on file in the office of the City Clerk, City Hall, 33 East Idaho Street, Meridian, Idaho. All said amendments are hereby authorized to be set forth in manual form and copies maintained in the office of the City Clerk. SECTION 2: That the amendments to the Area of Impact as proposed in the Meridian Planning and Zoning Commission Petition to amend the Meridian Comprehensive Plan, have been -shown in the Comprehensive Plan but they have not been approved by the Ada County Commissioners as .required by Idaho Cade, Section -67-6526, and therefore the Area of Impact has been officially changed only by the City of.Meridian; that upon approval of the Area of Impact amendments by the Ada County C.ommi.ssioners, the Area of Impact Ordinance,. Chapter 139 Title 19 of the Revised and Compiled Ordinances of the City of Meridian, will be amended; that the amendments to the Urban Service Planning Area and the Policy Diagram are official and shall become effective upon passage and publication of this Ordinance. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and.effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 2nd day -of March, 1943. T D A M WATER AND WA S T&A T E R OPERATORS CERT 2 F =CATION BOARDS, P.O. BOX 551 LEWISTON ID 83501-0551 (208) 743-8302 BOARD OFFICE: 746-3479 January 19, 1993 Honorable Mayor City of Meridian 3401 N. Ten Mile Rd. Meridian, Idaho 83642 Dear Mayor: RE: NEW & ADVANCED CERTIFIED WATER & WASTEWATER OPERATORS STATE OF IDAHO - DECEMBER 1992 EXAMS INC - We are honored to announce the following operators from your City passed the examination for classification as a Certified Operator in the State of Idaho: Clifford L. Ayers Kuna, Idaho Donald R. Case Meridian, Idaho Harold N. Hudson, Jr. Nampa, Idaho Bruce D. Stuart Meridian, Idaho Gregory B. Walker Meridian, Idaho Certificate No. 718 Wastewater Operator Class II Certificate No. 124 Distribution Operator Calss II Certificate No. 28 Distribution Operator Class III Certificate No. 188 Distribution Operator Class IV Certificate No. 1 Distributon Operator Class IV The Board offers their congratulations and wishes them continued success in advancing their certificate status and pursuing their water or wastewater career. Sincerely, u a, w Urban H. Wessels Executive Secretary -Treasurer Certification Board DATE: 2-9-93 PETITION BY THE MERIDIAN GREEN HOMEOWNERS We, the undersigned property owners within the Meridian Green Subdivision are opposed to the construction of a road on the existing right of way between lots 7 and B of block 2 of the Kachina Estates Subdivision. Pursuant to this, the Ada County Highway District has been petitioned to vacate the easement now in existance. DATE: 2-9-93 PETITION BY THE MERIDIAN GREEN HOMEOWNERS We, the undersigned property owners within the Meridian Green Subdivision are opposed to the construction of a road on the existing right of way between lots 7 and 8 of block 2 of the Kachina Estates Subdivision. Pursuant to this, the Ada County Highway District has been petitioned to vacate the easement now in existance. - FEBRUARY 17, 1993 MAYOR COUNCIL MEMBERS ATTORNEY ENGINEER ATTACHED IS A COPY OF A PETITION SUBMITTED BY MR. LES SCHILD AT THE COUNCIL MEETING HELD FEBRUARY 16, 1993: THIS PETITION IS SI 20TBT THE PROPERTY OWNERS OF MERIDIAN GREENS SUBDIVISION AND THE PROPERTY OWNERS OF KATCHINA. ESTATES OPPOSING THE ROAD CONNECTING KINGSFORD DRIVE TO MESA WAY: THE COUNCIL WILL NEED TO TAKE SOME ACTION ON THIS AT THE NEXT CITY COUNCIL MEETING TO BE HELD MARCH 2, 1993: JACK NIEMANN. CITY CLERK . • • DATE: 2-9-93 PETITION BY THE MERIDIAN GREEN HOMEOWNERS We, the undersigned property owners within the Meridian Green Subdivision are opposed to the construction of a road on the existing right of way between lots 7 and S of block 2 of the Kachina Estates Subdivision. Pursuant to this, the Ada County Highway District has been petitioned to vacate the easement now in existance. Luc,4 F(8'8 -.7 Ll p s ell) r 6 ` 4o, - - W j1a L 0 P 3 Y 6--� �6 , DATE: 2-9-93 PETITION BY THE MERIDIAN GREEN HOMEOWNERS We, the undersigned property owners within the Meridian Green Subdivision are opposed to the construction of a road on the existing right of way between lots 7 and B of block 2 of the Kachina Estates Subdivision. Pursuant to this, the Ada County Highway District has been petitioned to vacate the easement now in existance. 01 '1� „� • �/'� x'7'!1 � fe v S . fir ke? 77 5-Y J(.j t �tf f/Ij C'A- 9973 JALV\-9F;Jk1\ oL Tom fAtic 14 lj�WWtim 0k) (jA:tb"'--j Q c� •, a� /off(6 s DATE: 2-9-93 PETITION BY THE MERIDIAN GREEN HOMEOWNERS We, the undersigned property owners within the Meridian Green Subdivision are opposed to the construction of a road on the existing right of way between lots 7 and 8 of block 2 of the Kachina Estates Subdivision. Pursuant to this, the Ada County Highway District has been petitioned to vacate the easement now in existance. /✓9/Li� WO'Ope E 6'S PNon/c / 3 LA, I(A 00 v► +1T4�0�. 6}�74p�F R; C�wl'PPL£A R�i� 6. & FJO -7 O(F a /3 iy TO: Meridian Planning & Zoning Board 2-16-93 FROM: Douglas V. Hoy 1806 S.E. 5th Way Meridian, ID 83642 SUBJ: Additional Street Outlet Connecting Meridian Green to the Katchina Estates neighborhood by extending Kingsford Dr. to Mesa Way. I would like to submit this letter as formal opposition to this proposal and offer an alternative to the additional outlet proposed by the P & Z. I see no need to connect Kingsford Dr. with Mesa Way for the purpose of having an outlet for emergency purposes. I can only see additonal traffic being added to the already busy and extremely fast moving 5th Way. I cannot see why anyone would want to exit Meridian Green toward the South for any purpose. I was in attendence at an Ada County Hwy District hearing for the purpose of opening an outlet from Meridian Green to the Kuna/Meridian highway. This opening would serve the purpose of having an additional outlet for emergency purposes and allow a traffic relief for 5th Way and 3rd Way. I do not know the status of this proposed outlet but would like for this alternative to be studied for a decision before the next phase of Meridian Green is begun. Thank you for your consideration regarding this matter. � / • 0 Feb.25,1991 Petition by the Kachina Estates Homeowners We, the undersigned property owners within the Kachina Estates Sub. are opposed to the construction of a road on the existing right of way, between lots 7 & 8 of block 2. Pursuant to this, we have petitioned the Ada County Highway District to vacate the easement now in existence. iJ >� P �� . , , -- ���s m��► �,�� �'�-may/! zl ✓ i ��S /l(e.% e. -77 � CNO ;�/Z2 7 — YC-zcl a V Q� � M � N 2 � � 1 O S Z N � v d CO. 0m FV F 20 0m t- V ;O <m F� `. 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STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer March 3, 1993 6. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO Mr. O.J. Holler, Pastor Ada County Baptist Church 301 East 3rd. Street Meridian, Idaho 83642 MERIDIAN, IDAHO 83642 Phone(208)888-4433 FAX (208) 8874813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROSERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI u%' rz.,u,q�,u r«,«li, wawa- uiumg was drougltt to my att�tion at the March 2, 1993 meeting of the Meridian Cit11 y Couirerl Tpon review Of y historical water use dating back to January of 1991, it appears that yarn average use i somewhere around 550 gallons per month. The month in question, December ' 'M; showed a usage of X21,500 gallons. This amount far exceeds your historical use, and t�eieefor. `§eemu unrealistic, l�eatngs since the December 1992 reading indicate a usage more in%'line with your historical average We will be sending you a revised billing for theperm of December 1992 through February. 1993, which will be at the City's minimum rate. °A✓N If you should have any question or concerns,, please. don -'t hesitate to contact Gary Smith or myself at 888-4433. Sincerely, ce reckleton City Engineer's Assistant cc: City Clerk Bruce Stuart • 1534 W. MAPLE AVE. DELINQUENCY LIST TURN OFF LIST SCHEDULED FOR 03/17/93 ACCOUNT # NAME 8 ADDRESS AMT PAST 03604 TAMERA PERKINS 71.95 233 CHERRY AVE. 03612 RICHARD SCHERER 82.15 201 CHERRY AVE. 04090 JOHN D. HANSFORD 61.75 1303 W. 4TH ST. 04366 WALTER RYAN 89.75 1131 W. 7TH ST. 05348 BOYD BOWER 13.26 1208 ELM COURT 05372 MICHAEL S. MYERS 92.35 1224 NORTHGATE 05568 TOMMY VINCENT 84.40 1329 W. 13TH AVE. 05608 DAVID FUNK 124.30 ([ 1414 W. 14TH ST. 05700 KENNETH WOOD 71.95 r ,� 1538 N. L I NDE R RD. �J 05736 JACK WARD 58.80 1407 W. 14TH ST. 05746 STUBBLEFIELD CONST. CO. 61.20 1426 MAPLE 05748 STUBBLEFIELD CONST. CO. 78.30 1434 MAPLE AVE. 05750 STUBBLEFIELD CONST. CO. 116.45 1500 MAPLE 05752 STUBBLEFIELD CONST. CO. 84.60 1508 MAPLE 05760 STUBBLEFIELD CONST. CO. 78.65 1534 W. MAPLE AVE. 0 • 05794 STUBBLEFIELD CONST. CO. 64.90 1533 MAPLE AVE. 05796 STUBBLEFIELD CONST. CO. 77.95 1523 MAPLE AVE. 05800 STUBBLEFIELD CDNST. CO. 68.55 1507 MAPLE AVE. 05804 STUBBLEFIELD CONST. CO. 87.00 1435 MAPLE AVE. 05834 JAMES R. RANSOM 69.40 1017 W. 15TH AVE. 05848 MONA NIMMO 51.55 1327 W. CARLTON ST. 05858 LINDA SOULE 38.80 1004 W. 13TH AVE. 05874 MICHAEL HOLT 21.95 1432 W. CARLTON 05882 DONALD STIERMAN 29.00 1443 W. WASHINGTON 05888 SHIRLEY MARINEAU 38.80 1037 WASHINGTON CIRCLE 06564 GLEN SCHILDHAUER 29.60 1203 W. 8TH 06590 J. W. MARSHALL 29.20 932 W. WASHINGTON DR. 07407 MARK E. BIRD 54.60 1915 W. CHERRY LN. 10831 BRIAN SCHWEITZER 28.30 703 N. ROTAN AVE. 10846 DAVID E. MAYER 52.55 814 N. ROTAN AVE. 22010 J. ERIC ZELLER 54.10 1885 N. OAKHILLS DR. 0 • 22086 RICHARD LOVAN 37.25 3728 SUGAR CREEK 22200 RODNEY T. MORSE 89.80 3684 WOODMONT DR. 22230 DONALD L. BLOOMQUIST 51.15 2110 SCIOTO PLACE 22324 RONALD R. WILSON 59.20 2153 TURNBERRY CIRCLE 22330 ESTHER AGUILAR 37.85 2133 TURNBERRY CIRCLE 30814 DAVID WHITTEN 59.20 2151 TODD WAY 30920 RICK K. COFFMAN 79.60 1960 MARIANNA PLACE 30990 CLINTON BARNHART 70.25 2580 MISTY DRIVE 31036 JEFF ABBOTT 59.40 2613 REBECCA WAY 31040 MICHAEL MCCOY 77.05 2603 REBECCA WAY 31064 HERBERT C. LAW 40.25 2511 REBECCA WAY 31080 STEVEN CANTRELL 71.95 1750 W. CHATEAU 31088 PATRICIA KOBERSTEIN 74.50 1810 W. CHATEAU DR. 31720 RONALD POLLARD 99.75 2307 N. KUBIK PLACE 31778 H. JASON ELLIOTT 57.20 2115 MONACO WAY 32244 LIFESTYLES MANAGEMENT 122.40 2065 LASHER COURT • 32310 RODNEY WILLIAMS 34.70 1908 MONACO WAY 32342 MICHAEL SCHAEFFER 108.45 1933 SANDALWOOD DR. 32466 CARL L. KOCH 82.15 1994 SANDALWOOD DR. 32520 GERALD LEE STALLSMITH 32.15 1841 W. CHATEAU DR. 32536 ALLYN HILTON 87.60 1687 BEARDEN CT. 35352 CAL PERMAN 72.40 1481 DARRAH DR. 35680 JAMES & BARBARA CALLISON 44.55 2662 W. 12TH ST. 37220 MARK BAIL 59.20 1310 DARRAH DR. 37248 KELLY KING 43.90 1433 CLAIRE ST. 37286 LEEANN BRIGHT 53.00 2791 NW 15TH ST. 37668 NICHOLAS CORRAL 29.60 1300 YOST CT. 38284 ROBERT L. MILLER 59.05 1521 KINGSWOOD AVE. 38298 MICHAEL WALKER 71.95 1333 NEWPORT DR. 38426 THOMAS PIEPMEYER 82.15 2218 FAIRWOOD DR. 38472 JOHN MCKAY 64.30 2132 NW 12TH ST. 38516 VICKEE K. LARSON-POOLE 43.90 1328 W. CHATEAU AVE. 38518 M. FRANK JAKOME I T 14.10 1338 W. CHATEAU AVE. 38532 TERRY B. WHIPPLE 49.00 1522 W. CHATEAU AVE. 38572 ROGER G. JOHNSON 66.85 2229 NW 14TH ST. 38576 FORREST SCHUSTER 64.30 2218 NW 14TH ST. 38600 ROBIN YELTON 79.00 1089 W. CHATEAU DR. 38646 STEVEN WATERS 72.95 2263 NW 11TH AVE. 38650 DAVID E. MCGOWAN 69.40 2211 NW 11TH ST. 38682 LAVON C. WEBB 33.50 1100 W. NEWPORT CT. 38752 TROY WESTON 48.80 987 DELMAR DR. 38766 JUDITH CRYER 54.10 811 DELMAR DR. 38804 JERRY GOULDING 59.20 2271 NW 10TH ST. 38824 PHILIP E. CARROLL 59.50 1080 DELMAR DR. 38836 MARY H. UL I N 105.65 1111 FAIRWOOD CT. 38850 JULIA COUCH 53.75 1012 FAIRWOOD CT. 38922 RUSSELL HUNEMILLER 49.00 2089 NW 10TH PLACE 39330 STEPHEN L. JOHNSON 43.40 2026 NW 10TH ST. • • 39342 WM. A. INGRAM SR. 43.75 1937 NW STH ST. 40128 VINCENT GARDNER 64.30 2070 CRESTMONT DR. 40150 ROBERT HAMPTON 71.95 451 W. WILLOWBROOK DR. 41208 ROGER F. BECKER 84.70 671 TIFFANY DR. 41216 BILL L. LINDAUER 54.10 551 TIFFANY DR. 41280 CHARLES R. MORGAN 24.50 2183 KENMERE DR. 41284 DONALD RAY 38.80 2141 KENMERE DR. 41372 MELVIN & DEANNA FISHER 38.80 620 CRESTMONT CIRCLE 41434 ROY PECKHAM 43.90 1934 NW STH ST. 45876 TEL -CAR INC. 130.30 220 E. FAIRVIEW 47884 DAVID L. STUCKER 61.75 1164 TORRINGTON CT. 47936 JOHN HALL 24.50 2178 N. SAPPHIRE PLACE 48744 WAYNE MCGURER 128.05 1011 CLAYBOURNE DR. 48990 WILLIAM G. MILLER 79.40 1855 TEARE AVE. 49238 HEIDI TYLER 64.30 1034 TAMMY ST. 49250 GLEN SCHMIDT 64.30 1920 TEARE AVE. 50882 KENNETH D. CHAPPELL 59.35 2190 N. LOCHNESS WAY LA 0 53670 GEORGE & NADINE FREEMAN 38.80 31 E. WASHINGTON AVE. 53692 GARY TIMSON 45.15 1302 E. 1ST ST. 53748 DONALD & ROBIN MOFFITT 38.80 1420 E. 1ST ST. 53884 MARVIN M. TAVARES 74.50 38 E. WASHINGTON AVE. 53886 MARVIN M. TAVARES 54.10 38 1/2 E. WASHINGTON 53890 STEVE HUNT 71.95 16 E. WASHINGTON AVE. 53930 CHERRY'S BUILT IN VACS 39.15 1624 MERIDIAN ST. 53946 CLYDE E. BRINEGAR 38.80 1625 MERIDIAN ST. 56090 FRONTIER TIRE 156.40 614 EAST 1ST 56100 BOISE CASCADE 427.70 415 E. BRAODWAY 56340 MONIKA LITTLE 49.80 412 E. BROADWAY 56376 GORDON HEATH 70.80 200 E. BROADWAY 58514 TAUNO WATIA 37.80 526 E. PINE AVE. 58524 BETTY JACOBSON 71.80 436 E. PINE AVE. 58648 E.E. BRINEGAR 38.80 135 E. STATE AVE. 58680 JEROME W. ROE 38.80 930 E. 4TH ST. 58696 PATSY BARRETT 39.30 934 E. 5TH ST. 60266 DALE E. BLAKE 64.30 55 E. ADA 60268 DALE BLAKE 123.35 331 EAST IST 60284 DON SCHNEE 43.90 203 E. ADA 60350 ROBERT D. RANKIN 68.20 122 E. ADA AVE. 60468 MERIDIAN MISSIONARY 84.70 301 E. 3RD 61778 BERNARD MEYER 110.05 212 E. 2ND ST. 70562 MICHAEL L. BACHMAN 59.20 1836 SE 5TH WAY 70564 MAX MILLER CONST. 46.35 1822 SE 5TH WAY 70630 JEFFREY MENDIOLA 54.10 512 SE ANTIGUA DRIVE 92856 SHERYL MOORE 51.55 656 FULMER CT. 93334 ROSA ROGERS 181.60 652 BARRETT ST. 93357 GARY E. FRANK 38.80 140 SW 7TH AVE. 93782 BRADLY MICHAELSON 46.45 46 ROSE CIRCLE 93825 JUNE MCKINLEY 38.80 103 W. 1ST ST. SO. 94172 JOHN DANZER 22.40 613 S. MERIDIAN 94608 RALENE J. GREGORY 61.75 1125 CRESTWOOD DR. 95271 LONNA M. NELSON 77.05 1502 W. PINTAIL DRIVE 95306 PERRY ELIASON 19.10 1367 W. PINTAIL DRIVE TOTAL $8.1545.31 3 BEFORE THE MERIDIAN CITY COUNCIL GLENN L. JOHNSON ANNEXATION AND ZONING SW 1/4 NW 1/4 OF SECTION 19, 71.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 16, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and Richard Jewell, appeared in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 16, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 16, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 reference is incorporated herein; that the property is approximately 8.9 acres in size; it is in the southeast quadrant of the intersection of Meridian-Runa Highway and Overland Road. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property to the east is not within the City limits but other land in the area, Meridian Greens subdivision, is in the City limits and is zoned R- 4 but developed at less density than R-4. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property and the owners of record are Steven and Marcia Anderson and Lee R. Stucker and Fae M. Stucker and they have consented to the application to be annexed. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is not presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that an amendment to the Urban Service Planning Area has been processed and will likely be enacted at the same time FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 as consideration by the City Council of these findings of fact and conclusions of law. 9. As found above the Application requested that the parcel be annexed and zoned R-4. The applicant has indicated that the intended development of the property is for an R-4 subdivision and the Applicant has submitted a proposed preliminary plat. 10. That at the hearing before the Planning and zoning Commission there were property owners in the immediate area that testified objecting to the Application; the objections were based on increase in traffic, that there was a wetlands area in the proposed property that needed protection, that street connection to Meridian-Runa needed to be completed as part of this development, ground water -and drainage problems in the area, and concerns about road connection to Meridian Greens Subdivision; that at the hearing before the City Council Richard Jewell stated that the subdivision had been redesigned so that there would be no traffic from Country Terrace Subdivision and the re -design provides access from Meridian Greens Subdivision to Meridian Road; he further testified that the ground water on the property was there due to the embankment that was built up along Ten Mile Creek; that there was also a drainage, at one time, that went from Country Terrace Subdivision over to Ten Mile Creek and then drained through there, however over the years, it had not been maintained and had been blocked out. He also testified that the majority of the wet area is down by the well area of Country Terrace Subdivision and FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 not on the subject property. Mr. Jewell further testified that he was aware of the dampness on the property and that he was going to make every effort to get some drainage to the area. 11. That at the City Council hearing there was testimony from Sid Harmon concerning access to the Country Terrace Subdivision well lot; that access to that lot has been shown on the revised plat of Running Brook Estates; that the testimony requested that the access be fenced and that the access be dedicated; the City Engineer commented that the access should be an all weather surface. Mr Harmon also submitted testimony concerning the ground water and stated that the ground water problem was not emulating from Country Terrace Subdivision. He wanted it known that the residents of Country Terrace Subdivision would not be responsible for any ground water problems. John Gaige also testified as to his concern over drainage and ground water. 12. That there was testimony from Addy Huston indicating that she was contesting the boundary line of the subject property adjacent to her lot in Country Terrace Subdivision; she testified that she owned a portion of the land included within the description of the subject property; that she did not submit any documentary evidence to show this and did not submit any court documents showing that this was involved in court proceedings. 13. That the property is in the MERIDIAN HILLS Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Meridian FINDINGS OF FACT & CONCLUSIONS'OF LAW Page - 4 Comprehensive Plan, property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 14. That property outside the Urban Service Planning Area, but within the Area of Impact, may be annexed and developed but only at densities allowed. 15. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer but since it is outside the Urban Service Planning Area the Urban Service Planning Area must be amended for the City to legally provide water and sewer service and other urban services. 18. Ada County Highway District, the Department of Health, Meridian School District, Idaho Power Company, Meridian Police Department, City Engineer and City Fire Department submitted FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 0 comments and such shall be incorporated herein as if set forth in full. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 20. That the Applicant stated in the Application that Applicant intends to have a density of about 3.37 dwelling units per acre and stated at the Planning and Zoning hearing that the house sizes would be a minimum of 1,800 square feet and probably 2,000 square feet plus, with the lot sizes having a range of 8,000 to 11,000 square feet. 21. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 22. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged this annexation and zoning use application by the provisions contained in Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 14 the Applicant with the consent of the owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. 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; that when this application was before the Meridian Planning and Zoning Commission the land was not within the boundary of the Urban Service Planning Area; that it is likely that the Urban Service Planning Area boundary will be considered for amendment at the same time as these findings of fact and conclusions of law will be considered and therefore inclusion within the Urban Service Planning Area will not be an impediment to development of this property and if the Urban Service Planning Area is amended, the Applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That since the Applicant's property is in the MERIDIAN HILLS NEIGHBORHOOD of the Comprehensive Plan, the annexation is in conformance with the Comprehensive Plan and upon amendment of the Urban Service Planning Area could be developed in the R-4 fashion. 11. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested. 12. If the land is ultimately included in the Urban Service Planning Area, the conditions should be those stated above and others determined at final platting; annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de -annexation if the R-4 density is exceeded or if dwellings other than single family dwellings are allowed and this restriction shall be noted on the plat of the subdivision. 13. That all ditches, canals, and waterways shall be tiled, as required by ordinance, as a condition of annexation and if not so tiled the property shall be subject to de -annexation. 14. That the wetlands issue and ground water are of great concern to the City Council and these problems must be resolved, prior to final platting; that this is a condition of annexation and zoning and if it is not resolved prior to final platting, the property shall be de -annexed. 15. That the requirements the Ada County Highway District, the Department of Health, Meridian School District, Idaho Power Company, Meridian Police Department, City Engineer and City Fire Department shall be met and the Applicant shall meet his representations as to house size and the property shall be subject to de -annexation if these requirements are not met. 16. The access to the well lot of Country Terrace has FINDINGS OF FACT & CO)RCLUSIONS OF LAW Page - 9 apparently been agreed to and consented to by the Applicant; it appears that the desire of the residents of Country Terrace Subdivision to have the well lot fenced and to have a dedicated access is a matter that should have been addressed by the previous owner of this parcel and the well lot, which was the same party; that it is suggested, however, that the access be placed in an all weather condition by County Terrace Subdivision. 17. That it is concluded that since the Applicant has submitted copies of his deeds to the property, the land is owned by the Applicant and Applicant may request annexation and zoning for the property; any claims by Addy Huston should be resolved between Applicant or the owners of the property and Addy Huston, or by the courts, and not by the City of Meridian. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 0 APPROVAL OF FINDINGS OF FACT AND CO The Meridian City Council hereby adopts Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA V COUNCILMAN BOB CORRIE V COUNCILMAN BOB GIESLER V COUNCILMAN MAX YERRINGTON V GRANT P. KINGSFORD (TIE BREAKER) V MOTION: APPROVED: DI IONS and approves these DECISION The City Council hereby decides, that i; included in the Urban Service Planning Area, 1 zoning requested by the Applicant for the properi application is approved with the conditions s Findings of Fact and Conclusions of Law and c4 Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPR FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE f� the property is he annexation and y described in the :t forth in these mpliance with the