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HomeMy WebLinkAbout1993 08-07~ • MERIDIAN CITY COUNCIL AGENDA TUESDAY, AUGUST 17, 1993 - 7 :30 P. M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD AUGUST 3, 1993: tAPPROVED) 1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: RE@UEST FOR VARIANCE TO CULDESAC LENGTH FOR LOUNSBURY LANE SUBDIVISION BY CHRIS WILLIAMS: tAPPROVED) 2: ORDINANCE #612: RE@UEST FOR ANNEXATION AND ZONING OF R-4 WITH PRELIMINARY PLAT FOR LOUNSBURY LANE SUBDIVISION BY CHRIS WILLIAMS: tAPPROVED) 3: FINAL PLAT: FOTHERGILL POINT SUBDIVISION, 80 LOTS BV JOHN AND SARA EWING: tAPPROVED) 4: FINAL PLAT: DOVE MEADOWS SUBDIVISION, 113 LOTS BY DAVID LEADER: tAPPROVED) 5: FINAL PLAT: WATERBURY PARK #3, 2 LOTS BY RAMON YORGASON: tAPPRDVED) 6: FINAL PLAT: WINGATE PLACE #1, 22 LOTS BY WINGATE PARTNERSHIP: tAPPROVED) 7: PUBLIC HEARING: TABLED AT AUGUST 3, 1993 CITY COUNCIL MEETING: RE@UEST FOR PRELIMINARY PLAT APPROVAL FOR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN 8 DUANE STUECKLE: tAPPROVED) B: PUBLIC HEARING: RE@L.IEST FOR ANNEXATION AND ZONING TO R-4 WITH SUMMERFIELD PRELIMINARY PLAT BY USTICK 40, RAYMOND ARTE AND VIENNA VAUGHN, TRUSTEE: tNEW FINDINGS TO HE PREPARED) 9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF R-4 WITH PRELIMINARY PLAT FOR TUMBLE CREEK SUBDIVISION, 292 LOTS BY ARNOLD STUBBLEFIELD: tAPPROVED) 10: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT TO ALLOW A .FAMILY CHILD CARE HOME OCCUPATION BY DEBB CARSTENSEN: tAPPROVED) 11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH CHAMBERLAIN PRELIMINARY PLAT BY KEVIN HOWELL: tNEW FINDINGS TO BE PREPARED) s ~i 1~: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH COUGAR CREEK PRELIMINARY PLAT BY RIDDLEMDSER: tAPPROVED) 13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L AND C-G PLUS MID VALLEY BUSINESS PARK PRELIMINARY PLAT BY MARY MOON:tAPPROVED) 14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH KENTFIELD MANOR PRELIMINARY PLAT BY PERSONALITY HOMES: tAPPROVED) 15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH ENGLEWOOD CREEK PRELIMINARY PLAT BY ENGLEWOOD PARTNERSHIP: tAPPROVED) 16: REQUEST FOR CLARIFICATION ON DDUBLE PERMIT FEES FOR PLUMBING PERMITS BY KEN SKINNER: tRESCHEDULED FOR SEPT. 7 MEETING) 17: REQUEST FOR CLARIFICATION OF PLUMBING FEES BV DENNIS BUTTERFIELD: tRESCHEDUtED FOR SEPT. 7 MEETING) 18: DEPARTMENT REPORTS: C~ ~ ~~ /~ l~ ~ ~ l3 PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: --------- -o-!-` _- ~ - - ~ ~ ~ ~ a s e __ cam. ~` ~ ~ - S C~c~ ~- -- ~-~o~. ~ ~~ za 3 y ~ ~~ sip w ~ ORIGINAL MERIDIAN CITY COUNCIL AUGUST 17. 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:3Qi P. M. Members Present: Ron Talsma, Bob Giesler, Bob Corrie, Max Yerrington: Others Present: Helen Sharp, Dale Sharp, Vicki Welker, Cris D. Williams, Dan Wood, Erica 8 Gearey Galeau, Gwyn Barry, Richard Jewell, Will Berg, Wayne Crookston, Wayne Forrey, Bill Gordon, Gary Smith, Dave Roylance, Don Hubble, Gary Lee, Morrie Evans, John Ewing, Dave Leader, Vern Alleean, Bev Dalry®ple, Paul Spurk, John Montony, Rod DeVinaspre, Steve Sherer, Carolyn Wagnild, Allison Donahue, Emily Beaulieu, Dave Jillson, Beverly Donahue, Peggy Moyer, Diane Beaulieu, Bill Levey, Helen Sharp, Kathy Brown, Arnold Stubblefield, Herb Endicott, Ty Sindon, Kris Sindon, Warren Watson, Max Boesiger, Jr., Debb Carstensen, Pat Kelly, Kelly Ready, Gwyn Barry, Joyce Russell, Peggy Moyer, Chris Jacobson, John Carstensen, K. Galea'i, Brent Borup, Vern Alleman, Dale Sharp, John Sower, Don Bryan, Joy Brown, Jim Merkle, Greg Johnson, Michael Clark, Jo Bolen, Janice Gass: MINUTES OF PREVIOUS MEETING HELD AUGUST 3, 1993: The Motion was made by Yerrington and seconded by Tolsma to approve the minutes of the previous meeting as written: Motion Carried: All Yea: ITEM #i: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO CULDESAC LENGTH FOR LOUNSBURY LANE SUBDIVISION BY CHRIS WILLIAMS: Kingsford: Council members you've had those Conclusions, are there any questions or comments about those? No response. The Motion was made by Carrie and seconded by Giesler to approve the Findings of Fact and Conclusions of Law on culdesac length for Lounsbury Lane. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #~: ORDINANCE #61~: REQUEST FOR ANNEXATION AND 20NING OF R-4 WITH PRELIMINARY PLAT FOR LOUNSBURY LAND SUBDIVISION BY CHRIS WILLIAMS: MERIDIAN CITY COUNCIL AUGUST 17, 199 PAGE 2 • Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #612 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 #612 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #3: FINAL PLAT: FOTHERGILL POINT SUBDIVISION, 80 LOTS BY JOHN AND SARA EWING: Kingsford: At this time I would invite Mr. Ewing or his designee to discuss the drainage ditch. Gary Lee, JUB Engineers, representing the applicant. I'm here tonight to answer any questions you may have and also here tonight are some gentlemen from Cloverdale Nursery who have prepared a conceptual plan for the landscaped bike way and bike path along the Jackson Drain. Kingsford: You've reviewed Mr. Smith's comments? Lee: Yes I have. I had a couple of questions and their directed mainly towards the open landscaped areas. It is our intent and it has been all along that we provide that landscape park for the City but that it be dedicated to the City far their operation, maintenance and use. There's a couple items in his comments that address the maintenance of those areas. Giesler: Are the bike paths and those things something the City will be excepting for maintenance purposes? Kingsford: I think if we're going to ask developers to have open spaces and bike paths, I think we should accept some responsibility for maintaining them. If you leave them for the homeowners to take care of they are going to feel ownership and MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 3 other people wouldn't be able to use them logically and I think this is a benefit to the whole City. All along it's been my understanding and intent that they would be managed by the City. Why don't we have the presentation fro® Cloverdale now. Morrie Evans, Cloverdale Nursery: Gave explanation and presented conceptual plan. tSee tape) Tolsma: How has this been working with the Environmental Group as far as wet-lands are concerned? Have you got any comments from those people on what your doing here? Evans: Well everything we've done on any kind of a water feature, I think the thing is how you really treat the edge. tExample given - see tape) Giesler: Does this ditch in question on Mr. Ewing's property flow about the same speed? Evans: Yes. That ditch is year around now. Kingsford: Thank you. Giesler: If we went with this concept would this be something that we would try to phase in to any additional type subdivisions? Kingsford: That's what we had hoped is that this would be kind of a benchmark. ,john Ewing: Since this is the first that the City Council has really looked at I don't know that we're necessarily saying take what we've offered here or nothing.. We're open to other ideas too. Kingsford: I think that the thing that we had discussed at a preceding meeting was, do we in fact want to vary from our ordinance to tile, is this an amenity that is appropriate and help us to facilitate utilising bike paths, roller-blading, jogging type of paths for the City. In incorporating our transportation plan of ,course you'll resember that it did speak to bike paths in varies areas and this is a start on that. This is certainly a gaod place to start from. I would com®end all of you for the efforts you've put in to date. • ~ MERYDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 4 The Motion was made by Yerrington and seconded by Giesler to approve of the Final Plat for Fothergill Pointe Subdivision and to approve of the finding for open space and bike path. Motion Carried: All Yea: ITEM #4: FINAL PLAT: DOVE MEADOWS SUBDIVISION, 113 LOTS BY DAVID LEADER: Kingsford: Any questions the Council may have for Mr. Leader? Giesler: Have Gary's comments been answered? Eng. Smith: I haven't heard back from the Engineer on the project yet. Dave Leader: Looked over comments and has no problem. The Motion was made by Corrie and seconded by Yerrington to approve the Final Plat for Dove Meadows Subdivision conditioned upon Engineer comments being met and also comments from Fire Chief being met. Motion Carried: All Yea: ITEM #5: FINAL PLAT: WATERBURY PARK #3, ~ LOTS BY RAMON YORGASON: Corrie: Have all comments been net? Kingsford: I don't think there is a representative here. The Motion was Wade by Corrie and seconded by Yerrington to approve the Final Plat for Waterbury Park #3 conditioned upon the comments being met. Motion Carried: All Yea: ITEM #6: FINAL PLAT: WINGATE PLACE #1, ~~ LOTS BY WINGATE PARTNERSHIP: Kingsford: Mr. Tolsma has received from U. S. West their comment sheets back separately that ask to have those easements specifically to them. Eng. Smith: Those are typical easement requests. MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 5 • Discussion with gentleman in audience tree tape). The Motion was made by Giesler and seconded by Tolsma to approve the Final Plat on Wingate Place #i. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: TABLED AT AUGUST 3, 1993 CITY COUNCIL MEETING: REGlUEST FOR PRELIMINARY PLAT APPROVAL FOR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN 8 DUANE STUECKLE: Kingsford: At this time I'll open the Public Hearing and invite the owner or his designee to speak first. Crookston: I have a conflict with this item. Dave Roylance, 4619 Emerald, Boise, was sworn by the attorney. Roylance: I'm a civil engineer representing the applicant. This is a 16 lot residential project near Pine and Linder. It's 33t?- feet east of that intersection. It's a R-4 cone. Project will have central water and sewer and streets will be to ACRD Standards. Tolsma: Have you seen the engineer's comments' Roylance: Yes, I have and there are no problems. Tolsma: Have you seen the note on the bottom stating this plat needs to be resubmitted with all the iteo~s in red. Roylance: That is what I have intended to;do is submit the final plat with those corrections on it. Kingsford: In visiting with Gary and this would apply to some of the other Engineers perhaps in the room, we're getting stuff in that is changed drastically and he has to keep going back to his initial red-line master that get's changed constantly. I think you need to get those things upgraded before we ever get to this stage. Roylance: Yes, we can do that. • MERIDIAN! CITY COUNCIL AUGUST 17, 1993 PAGE 6 Kingsford: We do have several public hearings so I would appreciate it if those people that wish to make public comment would have them concise and keep it at a reasonable time. Anyone else fro^ the public to testify of this issue? No response. I will close the public hearing. Corrie: The Findings of Fact and Conclusions stated this was in zoning of R-S. Crookston: That's an error, the application was for R-4. Vou amended the findings when approved. No need for additional findings. The Motion was made by Giesler and seconded by Corrie to approve the Findings of Fact and Conclusions of Law with the stipulation that they be changed to the R-4 zone rather than R-8 for the preliminary plat for Piedmont Subdivision. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Tolsma: Discussion on submittal of a new preliminary plat. Eng. Smith: The main reason for that statement was so that I would have in my file a revised preliminary plat containing my comments so that I can refer to that when the final plat comes in. Also it would afford the engineer of the project an opportunity to update his preliminary plat so that future final plats off of that preliminary plat would contain the comments that I had requested and that you had approved to pass on as conditions. In this case I believe it will be submitted as one final plat. Main concern on larger preliminary's that I had everything taken care of as far as requested revisions as the final's came in then I would have an up to date preliminary. Everybody would be working off the same preliminary that way. Motion Carried: All Yea: Corrie: I think at this point we better make sure that the Engineer's and Developers understand that these. comments that Gary has before that come to us in the preliminary plat that they should have those taken care of before they bring them to us from now on. That would save us all a lot of trouble down the path. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat for Piedmont Subdivision. Motion Carried: All Yea: • • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 7 ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH SUMMERFIELD PRELIMINARY PLAT BY USTICK, RAYMOND ARTE AND VIENNA VAUGHN, TRUSTEE: Kingsford: I will open the Public Hearing at this time and invite the owner or his designee to speak first. Don Hubble, 9550 Bethel Court, Boise, was sworn by the attorney. Hubble: I am here as the representative for this proposed project. I'd like to explain a little bit about it. Presented map for Council to view. This project is located at the intersection of Ustick and Locust Grove, Ustick is on the lower portion of the map the southerly boundary and Locust Grove is on the westerly boundary. It consists of approximately 69 acres and we have a total of 197 lots. Our request tonight is for preliminary plat, rezone and annexation. All the streets within subdivision are going to be public streets and they will meet all ACHD standards. They have also asked for widening on Ustick and Locust Grove and the developer will do that as well. At Ustick and Locust Grove they have asked for a total of 90 feet of right of way, that would give us approximately 20 feet of room to landscape with and the developer is allowing an additional 241 feet so we'll have a total of about forty feet of open space along Ustick and Locust Grove. That will be landscaped, this is a concept of what the landscaping wil] look at the entrances tplan shown and explained - see tape). Sewer and water will be provided by the City and they are currently planned to come down Locust Grove Road and will be stubbed into this development and constructed as developed. The drainage within this area will be handled like other subdivisions, all additional run-off will be retained on site and the overflow will be discharged into a natural drainage way. We have additional open space which consists of bike paths and a large common open space-near the center of the project. The developer, is proposing to do a soccer field here, this will be landscaped. It will be owned and maintained by the homeowners association and in total the open space will consist of approximately 3 acres. As said in the record and at the Planning 8 Zoning Hearing the minimum home size will be 1500 sq. ft. far single stories and 1800 sq. ft. for two stories. The developer has prepared covenants which state in essence that the intent of the development is to maintain a minimum home price of '130,000 and we have a copy of those covenants here tonight. We have made an effort to make some of the changes requested by the City Engineer. One of those changes MER I D I Atd C I TY COUhIC I L AUGUST 17, 1993 PAGE A was to connect one of the streets on the east which would eliminate the length of a loop street. We've also looked at the culdesac lengths to make sure that we're within the 45Q1 foot criteria. If we haven't heard back from the City Engineer yet whether that complies with that iGGG foot maximum length bbt if not we will need to request a variance for that loop street but our intention is that by re-designing these streets we've complied with that one condition. The additional comments made by the City Engineer we have acknowledged and attempted to ~°esolve those on this layout and if that is still not satisfactory we'll do that in the final planning here and would re-submit that to the City Engineer prior to submittal of final plat. We've seen a number of concerns raised by neighboring property owners the primary concerns are density, traffic and school crowding. Our density for this project is slightly less than 3 lots to the acre and we're applying to be coned as R-4 which will allow a total of 4 lots to the acre so we're not near what the maximum density would be for this gone. The developer has also engaged a traffic engineer to look at the traffic flow within the subdivision and on the adjacent streets and that has shown that we will not adversely impact the traffic in the neighborhood to the extent that those streets can handle that amount of traffic. They are designed as a minor arterial and an arterial and can well accommodate whatever additional traffic is created here. As far as school crowding, the developer is sensitive to that issue just like everybody else and as stated that they will participate in any kind of a transfer tax or other fee that may be assessed in the future to help with the school funding. I might just note that the Planning 8 Zoning Commission voted unanimously to recommend approval and we hope that you will to. I*d be happy to answer any questions you may have. Giesler: On the traffic of Locust Grove, were they aware of all the other subdivisions that are proposed on that same street? Hubble: I think that that probably just considered whatever subdivisions have been final platted. Whatever is in existence today. I don't think that he necessarily accounted for proposed subdivisions. atingsford: Is this a document that we have access to? Hubble: It's not yet been submitted but you will have access. C J hIERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 9 • Crookston: If I'm remembering this application was heard at Planning and Zoning I think discussion as to whether or not there needed to street to the north. Hubble: Yes I remember discussion, but don't was a requirement or not or a recommendation. that Ada County Highway District has reviewed sure that they made that same condition. at the time it there was some be a connecting remember if that I might just say this and I'm not Kingsford: I don't recall that being their findings. We're very sensitive to tt^affic flows and land-locking so consideration needs to be given, I don't know where would be the appropriate place but not getting in there to far there ought to be some consideration given to the north. Hubble: Now there was one to the east and that's the one that was added. Crookston: As I remember there was some question as to whether or not the owner to the north had any intentions immediately of developing and I think that they owner was at the P 8 Z hearing and he said he did not decided anything one way or the other. But it just seemed to me that that would be appropriate to have a stub street to the north upon eventual development. At our growth rate now I would anticipate that that would occur relatively shortly. Kingsford: Any other questions or comments? No response. Anyone else from the public that would like to offer testimony on this issue? Vern Alleman, ~i~tl E. Ustick, Meridian,, was sworn by the attorney. Alleman: I would suggest that they not only consider the present traffic that is there and the ones that are approved but they also consider the traffic from the ones that are in consideration or going to be considered because I live across the road from this subdivision and there's going to be a problem much more than it is now. Kingsford: I would hope that they used the population density's for our Comprehensive Plan as they figured those. Alleman: If there is a problem with the schools how are we .going to solve the problems after this is all approved? • • MERIDLAhI CITY COUNCIL AUGUST 17, 1993 PAGE i tb Kingsford: Thank you. Anyone else? Bev Dalrymple, 3539 N. Locust Grove, Meridian, was sworn by the attorney. Dalrymple: Our driveway is directly across from the entrance of this subdivision. We are a small horse breeding operation. I'm very concerned about the kids in this subdivision and my horses, because stallions and kids don't mix and pets and horses don't mix. We've had small problems with people's dogs and kids. Kids are attracted to horses and a stallion does not understand and they are dangerous. We're very concerned about this. I'm a small trainer, I don't want kids in my place, we have that understood. We haae another place in Ada County and you can't keep kids out, they don't stay out. Concerned somebody will get hurt. Giesler: What would you like to see done with that property? Dalrymple: Just exactly what it is, hay fields and agriculture. Kingsfard: Thank you. Anyone else? Paul Spunk, 3534 Curt Drive, was sworn by the attorney. Spunk: One of the concerns I have is the fact of the density. One of the reasons why I built and bought the house that I live in right now is because it's on an acre and the fact that Ustick Road had mostly larger acre lots. When I see this I'm appalled at the amount of houses that they are going to put in 69 acres. Kingsford: Thank you. Anyone else? John Montony, 1790 Paradise Lane, was sworn by the attorney. Montony: I live in Heritage Subdivision and we're probably the nearest siaeable subdivision adjacent to this proposed developwent with only a band-aid separating us from the proposed housing. We're being conditioned daily on the assumption that you can't stop progress. By classic definition progress represents a better way of life, higher quality of life, more efficient lower cost living for services received and security for our families. I doubt that any of us are against progress by that definition, however what we're seeing and the clear outcome of the recent direction of this community and the instant • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 11 • question of the adjacent high density proposed Summerfield Develop~aent promises none of the features expected of progress. We're already facing greatly deteriorating quality of life in this area from existing growth patterns. In the last two decades we've seen our property taxes almost triple, traffic and urban noise an intrusion increase. Our schools are over burdened, our water supply is threatened, for all this we're paying more. We're paying more for less, more for less quality, less security, less efficient schools, less quiet, less for our buck, that's not progress. Our is a maturing neighborhood and many with grown families and many are retired or approaching retirement. Most have always intended this as their home. The majority selected their residence here for it's quiet. rural atmosphere. tFurther on same concerns - see tape) Corrie: Let me make sure I'm hearing you correctly, you want Meridian to shut the door. Montony: I speak for the area that we live in. Most of us our sensitive to things that are right in our back yard. I do have a personal opinion, of course I wish that we'd slow down development until we have a more contingent plans in place for the problems that already exist. Kingsford: I might ,just comment that those sam made prior to your subdivision going in. All have happened have been on-going. I've been district for ~3 years and we've had all those years and we had them before I came. All of the talking about, you started off right it's question. e state®ents were the things that with the school problems for ~3 things that your a philosophical Montony: I just think that there's a lot of people that feel the same way. Kingsford: Thank you. Anyone else? Rod DeVinaspre, 346b Curt Drive, was sworn by the attorney. DeVinaspre: All I have to say is that three years ago I moved to Meridian because it was quiet here, I bought myself a small acre of property so I cou]d have something to live on and retire on and I guess I'm just totally appalled to see all this building that's going on in all these subdivisions that are being developed. My kids go to Chief Joseph, three years ago it was -~ MER I D I Ahl C I TY COUhIG I L AUGUST 17, 1993 !WAGE 1 ~ r empty and now it's almost full. Where are they going to put all these kids? Further concerns about school overcrowding, bike lanes, walkways. Yerrington: The street you live on, how close are you to this subdivision? DeVinaspre: I'm half a mile. Kingsford: Thank you. Anyone else? Steve Sherer, ,^~Q19Q1 Star Lane, Meridian, was sworn by the attorney. Sherer: I live in the Heritage Subdivision also. There are some serious problems that I see with the proposed subdivision. General issues of traffic and school have already been mentioned. tGave view on school overcrowding - see 'tape) This property right now is zoned RT which means nothing of a residential nature smaller than 5 acres, so what he proposed to do is to increase the density that's allowed there right now by 15 times. I don't think that's insignificant. There are many open parcels of land in Meridian and close to Meridian that are closer to existing City water and City sewer than this one. tFurther concerns - see tape) Kingsford: Thank you. Anyone else? Carolyn Wagnild, c800 Jasmine Lane, was sworn by the attorney. Wagnild: My family and I purchased some acreage off of Eagle Road roughly three years ago. At that tine it was about 39 acres and we were in the middle of the impact zone, two impact zones, Boise and Meridian. After some tine it turned out that we got the RT zoning which was five acres to one dwelling. We were happy with that. We have six horses, five children, and we moved to Meridian for the same reasons as many who have already spoken here this evening. In June, as a group, we neighbors met with Wayne Forney the City Planner and we had a lot of concern as well as coming with a spirit of cooperation because we really felt that that spirit was what would help everyone come to a conclusion that would be harmonious for all of us. But 15 times as the previous speaker talked about in a density increase within two years because we cane in 1991 and this was zoned RT. Is R-4 coning in this area, which is a dispute at this point, is that MERIDIAN CIT1~ CQUNCIL AUGUST 17, 1993 RAGE 13 • responsible on the part of the City of Meridian? I don't think so. In a letter that I submitted to Mr. Forrey in June I cited that the State of Maryland actually has a law that requires developers to put two percent up front in education. It's been in place for some time, obviously we know Idaho doesn't have that law but it would be nice if the developers would at least perhaps do this on a voluntary basis. They also put money up front for sidewalks, water and sewer. tFurther - see tape) Kingsford: Thank you. Anyone else? Al 1 i son Donahue, 3775 PI. Locust Grove, Meridian, was sworn by the attorney. Emily Beaulieu, 1895 Star Ln., was sworn by the attorney. Donahue: We both go to Meridian Middle School but back when we were in the fifth grade we were bath in the same classroom at Joplin. We were in a very small classroom that contained quite a few kids. We were in a part of the library, they had just put up a wall around it and it was very small and very cramped. Beaulieu: With our new Middle School, the population of the children i5 growing so rapidly that our new school already this year is putting in three more portables. We think that instead of building more new houses that you should put Meridian's children's education first. Kingsford: Thank you. Anyone else? Dave Jillson, 3387 Curt Dr., was sworn by attorney. Jillson: I live on Curt Drive just about a half a mile west of Locust Grove and besides the problem with the school, the biggest problem we see living there is traffic. Addressed traffic issues - see tape. Kingsford: Thank you. Anyone else? Beverly Donahue, 3775 N. Locust Grove, was sworn by the attorney. Donahue: I'm here tonight because everyone else is concerned about this subdivision going in. I do have the new Comprehensive Plan, it's 330.G~1 if your interested. I was reading it and on page 1 there's six points for community values. C MERIDIAN CITY COUNCIL AUGUST 17, 1443 PAGE 14 • The first one is manage growth to achieve high quality development; the second is to enhance Meridian's quality of life for all residents; I can't see annexing the County to the City would help that at all. I would maybe propose that when we start going on the north side of Ustick why don't we go one acre subdivisions or at least half acres. That would slow down a lot of the growth. The next one is, new growth should finance public service expansion; I don't see how it's happening because every time I turn around our property taxes are going up, we're paying for this. The next one is, prevent school overcrowding, enhance education services; the schools are overcrowded, their to their limit and some are over. I talked to Dr. Clark today and she told me they cannot keep a child out of any school they want to go to because the City of Meridian School Board does not believe in busing. So you can have four hundred kids and they can go to Joplin, it doesn't matter. tFurther on school overcrowding - see tape3 The next one is, expand commercial and industrial development; I am all for that, we've got to have jobs for all these people that are going to move in here. The next one is, protect Meridian's self identity; this is the agriculture area, we're going to celebrate i@1~t years. Now this used to be known as the Dairy Country, those homes are going right up next to a dairy. The other question I have is regarding financing the school district that Mr. Hubble mentioned, what kind of money figure is he talking and when does he plan on paying it? Thank you for your t i me. Giesler: Did you attend any of the public hearings for this comprehensive plan? Donahue: No, I could not. But I will be at your next one. Kingsford: Thank you. Anyone else? Peggy Moyer, ~Qt15 E. Paradise Lane, was sworn by the attorney. Moyer: We live in Heritage Subdivision and have lived there ~3 years and recognise that growth is bound to come and I understand that your trying your best to do it in an organized fashion because it has come up Locust Grove to Ustick. and then by going point to point it would involve this subdivision. I have two specifics and maybe they have been covered before. Concerned about the roads and schools - see tape. Kingsford: Thank you. Anyone else? MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 15 Diane Beaulieu, 1®95 Star Lane, was sworn by the attorney. Beaulieu: You heard my daughter testify earlier this evening and I hope that she learns that when you speak up and you have a point to make that those of you who are on the Council take their points into consideration. Hopes Council will listen to concerns voiced this evening. Your decision will affect all of us even though we are in the County. Kingsford: Thank you. Anyone else? Bi 11 Levey, ifs75 Star Lane, was sworn by the attorney. Levey: Concerns about school overcrowding, traffic, high density and public transportation. tree tape for full explanation) Kingsford: Thank you. Anyone else? Helen Sharp, X445 Wingate Lane, Meridian, was sworn by the attorney. Sharp: All things that have been addressed tonight are true. In the other meetings I've attended we were going to get a good study on :what they propose to do with Locust Grove because of all this traffic. Opposed to high density. Kingsford: Thank you. Anyone else? Kathy Brown, 1795 Paradise Ln., Meridian, was sworn by the attorney. Brown: We move to Paradise Lane about two and a half years ago to get out from the City into a rural subdivision. You pay the price to get the land to move to the country and you expect it to stay country. There's numerous places they can build these high density subdivisions. All the way around us are one to five acre pieces of property. Kingsford: Thank you. Anyone else? No response. -I will close the Public Hearing. Crookston: I think there's been a substantial difference from the Planning and Zoning Hearing mostly in the context of what everybody said and the number of people. I think we need to at least take another look at the findings. MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 16 The Motion was made by Corrie and seconded by Giesler to have the attorney prepare new Findings of Fact and Conclusions of Law on Summerfield anneacation and zoning. Motion Carried: All Yea: Corrie: I really appreciate you people do listen. One thing that I hope you do far as the school bond is that you consideration too because we can't do Council to alleviate the school problem. do everything we can. coming out tonight. We when you go to vote as give that a lot of anything here at City We're going to try to Tolsma: I noticed everybody here addressed one subdivision, the school overcrowding is probably pertaining to every subdivision that's down here but you only regulated one subdivision. Also we had a hearing here a while back on a moratorium to stop building in the City of Meridian, our local school district did not really support the moratorium. That's why we're having to call it off after 1~6fl days. You might question your local School District and the School Hoard about why they would not support our moratorium on new building. We have no legal grounds to stop building. Kingsford: In my c3 years in Meridian School District we've been crowded every one of those years and at some point and time as you people arrive at least the ones that I heard that said I moved here two years ago, ten years ago, someone was saying the same thing about you as you came. This is a progression that takes place and we recognize this. Kingsford: We will take a five minute break - Meeting called back to order. ITEM #9: PUBLIC HEARING: RE@UEST FOR ANNEXATION AND ZONING OF R-4 WITH PRELIMINARY PLAT FOR TUMBLE CREEK SUBDIVISION, a92' LOTS BY ARNOLD STUBBLEFIELD: Kingsford: I will open the Public Hearing and invite the owner or his designee to speak first. Arnold Stubblefield, 641 Franklin Rd., Meridian, was sworn by the attorney. • MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 17 • Stubblefield: I've reviewed the letters from .the City Departments and the Government Agencies about our project and I believe that we can comply with the intent of the letters and recommendations. I would address a couple of the letters - Meridian School District, we support the real estate transfer fee on all properties. We think that is the best way, most efficient way to contribute to solving the school problem as it exists today. Ada County Highway District - we have obtained the traffic studies for this project and have supplied them to the Ada County Highway District and I don't know if we have yet to the City but if we have not that will be done immediately. The project will have perimeter fence along Ustick and Linder, it will also be landscaped. I sense the frustration of the people that have spoke tonight and I share some of those frustrations because I have felt thee, I can sympathize with them. I would like to say that we as the development community we do not create growth. When I bring a project before you, I do not create the growth, that demand as already here. It has already been created. I only supply a demand. If that demand is not there I have no market. I think we have to deal with demand if we're going to solve some of these problems that we all have. tExplained he also has the same feelings and problems - addressed further supply and demand -see tape) I would asked for your approval of our project and we will cooperate with you in every way passible. Kingsford: Thank you. Anyone else to testify? Herb Endicott, 145~- W. Ustick, Meridian, was sworn by the attorney. Endicott: In June we had a meeting here for Zoning and we asked as neighbors that a fence and berm be put in around that piece of property before the construction started to keep the construction trash on the developers property. We didn't get a firm "I will do that" tonight we got a firm "we will put in a fence and berm". Nothing was said about how high. We want the fences and berm put in before the construction starts to keep the trash on their property. It should be a six foot fence, chain link fence or solid wood, not wire. He didn't bring any pictures up tonight, he had pictures before and they were small. The last developer up here showed at least a three acre opening in the middle out of sixty one acres three acres were common green, I don't believe Mr.. Stubblefield is doing this. Mr. Ewing's picture showed a green belt, bicycle path along the drain ditch, we've got Five Mile Creek that should be addressed in the same manner. MERIDIAfV CITY C®UNCLL AUGUST 17, 1993 F~AGE 18 • Explained needs of a park, bicycle path, etc.. The subdivision on the north side has a deep drain ditch parallel along side the road, there's no safe place there for kids to ride bicycles or walk especially with all the traffic that's going to be coming on. Project needs common green 8 bicycle paths. Any questions? Kingsford: Thank you. Anyone else? Ty Sindon, 1515 W. Ustick Rd., was sworn by the attorney. Sindon: Also concerned about schools, traffic and density. I think what we have to do as Councilmen, that we have to do as the Mayor, what we have to do as citizens and what we have to do as developers I think is all get together, share our own responsibility in this thing and do the very best job we can. Kingsford: Thank you. Anyone else? Kris Sindon, 1515 W. Ustick Road, was sworn by the attorney. Sindon: Concerned about the safety of animals with additional traffic. Kingsford: Thank you. Anyone else? Warren Watson, 168QI W. Ustick Rd., Meridian, was sworn by attorney. Watson: My property lays between Mr. Stubblefield's properties. On the north side I believe he owns fifteen acres that access over my property and the other that he's trying to subdivide lays on the south. I have no personal vendetta with Mr. Stubblefield, he's one of the nicest people I know. My north property on the north side of Ustick Road has been an R-i for about 2~ years, County designation. I could have build one house per acre of ground according to the County Planning and Zoning and everybody asks me why didn't I do it. I have one answer, I don't want people that damn close to me. I like to walk down my property line. I'd like to address Mr. Stubblefield - on that piece of property right south of Ustick Road there it get's awful narrow. Five Mile Creek runs along there, theoretically I own underneath where Five Mile Creek is they tell me, but it is a long drop off down there. The County has very graciously put a steel bannister along there but it's still a hazard. I'd like to know, does he intend to widen Ustick Road over towards his subdivision so there .7 MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 19 • won't be such a crowded thing with' the bicycles on the road. Along with the berm-on Ustick Road to block out some of the people so I won't have to look at th m I'd like to see a little widening of Ustick Road on the south side at least to give some relief. I think Mr. Stubblefield o es it to the neighbors to give us a better sketch of this. Stubblefield: Ustick Road is schedul~d to go to 90 feet, I think that's wider than anything you have new. Kingsford: Anyone else from the pu lic who would like to give testimony on this issue? Max Boesiger, Jr., 1399 E. Montery D}~., Boise, was sworn by the attorney. Boesiger: I've heard a lot of what' being said tonight myself. We've been doing business in Meridi n for decades. We started out a long time ago and remember wh t things were like ten and twenty years ago. Many of you are bu iness men who remember what it was like ten years ago in Meridian You couldn't beg, borrow or steal a company to move into tow and hire a few people to increase the tax base and make things better in Meridian. Many of you businessmen that sit up here and are behind me work long and hard to get Meridian long and ha d to get Meridian to where it is today. Meridian is a vital om®unity now and with that comes growth. Everybody has to think about this and this is the point I want to make tonight. There's this issue of tax base. We understand we have these proble®s and I think everyone is sympathetic with the severity of these problems. The bottom line is dollars. It's going to take dolilars from somebody to solve those problems. One of the places those dollars have to come from is property taxes. If you were to stop growth today, and I think this is important to realize, ~ if we put a stop to growth today is that going to solve the prolblem? No it just leaves the problem as it is. It will take everybody to solve this problem. dExplained further - see tape) Kingsford: Thank you. Anyone else? the public hearing on this issue. No response. I will close Crookston: I don't think that there Corrie: From the letter from Mr. current Comprehensive Plan, if we e and Conclusions will that give us line later? are substantial differences. Forrey he stated about the prove the Findings of Fact y problem with this down the MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 20 • Forrey: This memorandum pertains to he current 1978 Comprehensive Plan, not the proposed ~uendments. Kingsford: Then his question is I ~elieve further that if we approve of these Findings what does t at do to your comments with regard to this issue? Forrey: We're at a difficult cross-r 6G days of a Comprehensive Plan Upd project before you that does not comp current Comprehensive Plan but the ap my listening of his comments was tl elements that would bring this proje~ current Comprehensive Plan. The considering in the proposed Comprehe thinking forward and that is the sch the density issues, the setbacks, the all of those same concerns that we re important today. We've carried it t attention in the Comprehensive Plan issue here is if this project is ap The Stubblefield Development Corpora those items that need to be addressed bring this project into compliance w either the 1978 or the amended Comprel ads, we are probably within te, yet tonight you have a y with some elements of the licant did state, at least at he would provide those t into compliance with the amendments that we are live Plan carries this same of issues, the green belt, screening, the landscaping, i®portant in 1978 are still a more refined and focused Update. I think maybe an roved allow the applicant, ion and the City to work on in this preliminary plat to th the Comprehensive Plan, ensive Plan. Corrie: My question to Mr. Stubblefield would be - do you agree to all of this just stated? Stubblefield: Yes. We will re-plat that will not be a problem. The Motion was approve of the prepared for preliminary plat Roll Call Vote: Tolsma - Yea; made by Tols®a and Findings of Fact P 8 Z for the S and coning. Yerrington - Motion Carried: All Yea: The Motion was made by Giesler attorney prepare an Ordinance Motion Carried: All Vea: seconded by Yerrington to nd Conclusions of Law as ubblefield annexation and Yea; G esler and se onded annexin and I - Yea; Corrie - Yea; by Tolsma to have the zoning this property. • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE ~1 ITEM #iG: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT TO ALLOW A FAMILY CHILD CARE HOME OCCUPATION BY DEBB CARSTENSEN: Kingsford: I will now open the Public Hearing and invite the owner or designee to speak first. Debb Carstensen, 184~- E. Meadowwood Street, was sworn by the attorney. Carstensen: I have a thousand square foot play area that is separately fenced from the back yard which includes a round pea gravel base and an eighty square foot sand box with ~ yards a sand, a fort, a swing set and other associated play equipment and picnic area with table. The children have access to my back yard only, which is completely enclosed by a six foot fence. Submitted pictures of fence and back yard. We have a large family room which is designed as the playroom. My front door and garage door remain locked and dead bolted during the day. The children are not allowed to play out in front at all. Health and Welfare has inspected my home and has concluded that it is a safe home far children. I abide by Idaho's Health and Welfare guidelines for an in-home day care. As seen in the packet, the Meridian Police and Fire Department both have approved this. There was some stipulations that were set by Planning and Zoning and I will abide by those. Many of my neighbors that I've talked with were not able to be here tonight, they have written letters stating that they are not opposed to my day care.' Letters submitted for the record. I am requesting an Accessory Users Permit for an in-home day care. The Accessory Users Permit I know is required by the State of Idaho for me to receive my day care license. Kingsford: Any questions for Debb? No response. Anyone else to testify? Pat Kelly, 1855 E. Meadowwood, was sworn by the attorney. Kelly: I am against this for several reasons. Number one we do have a respective covenant in Chateau Meadows of which I have brought a copy. It does state that you are not to conduct any type of business out of your home. Also what Debb didn't mention is that right next door there is another day care center. Between those two homes there are twenty children. I'm questioning does the City or does that restrictive covenant hold any power over this? Is it ever considered in a proble® such as this? MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 2? • Kingsford: It is considered and we used to like to really consider it heavily until a judge over in Boise said that we best not. Kelly: Then possibly a law could be set up that you do not have two day care centers side by side. I have spoken to a realtor and if I were to put my home up for sale I would have to disclose the fact that there are two day care centers right across the street. Now what is that going to do to my property value? Concerns about additional traffic and two day care centers side by side. Kingsford: The City cannot enforce the restrictive covenants. They are enforceable by the residents in the subdivision. Thank you. Anyone else? Kelly Ready, 18141 Meadowwood, was sworn by the attorney. Ready: I live next door to the Carstensen's. I'm not here to criticise anybody's care or how they care about children. There is a definite need for that and there is a need in our area. We've talked all night tonight about the traffic problems and the safety problems with children. The traffic is getting out of hand if it's not already. There is a need for day care centers and there is also places for them in the com®ercial areas. or places designated for that. To approve licensed day cares is a green light for all these others to start the business and get funding from state or federal or whoever to encourage this. My suggestion would be to find a place outside the residential area to do this. People don't want it in a residential area. This is going to be a money making deal. tExplained - see tape) Kingsford: Thank you. Anyone else? Gwyn Barry, 19641 E. Meadowwood, was sworn by the attorney. Barry: First off I think you guys need to consider the difference between a center and a private home. In my eyes as a working mother who does depend upon private day care a center is somebody who has many children and many employees. As you have noticed in previous documentation, day care is hard to come by. People who work in day care are paid minimum wage, you pay minimum wage you get minimum services and care. You also have the chance of having many different people working. I would also like to state that I live in that subdivision and Mrs. Russell • MERIDIAN CITY COUNCIL AUGUST 17, 1993 1='AGE 23 • does provide day care for my family, it is greatly appreciated. I cannot thank day care givers enough for the care they give to my children. I would like to see Mrs. Carstensen receive her license so that she can lower her numbers so that she can provide the care that is needed for those children. I am very much for it, I have no problems with it. I ae one of those cars that drive up and down the street and I leave at different times and I do not notice a lot of cars going up and down the street for day care. Kingsford: Thank you. Anyone else? Joyce Russell, 196~t E. Meadowwood, was sworn by the attorney. Russell: I'm the licensed day care provider that lives next door to the Carstensen's and I do not see a traffic problem. I have four to six children I watch and I know Debb has four to six children, I have two to three cars and she has two to three cars and I take attendance every day and I went over my past three weeks and none of them were there at the same time so there was no major traffic there. As far as going to and from school the kids are dropped off between seven and eight, school doesn't start until nine so there's no traffic there. The kids are picked up between four thirty and five thirty, school let's out at three thirty five so there's no traffic there. So I don't see any problem with the traffic or with the kids safety going to and from school. Kingsford: As I read the letter from Kelly Ready they speak to having not received notice when you obtained your day care. Did you ever get a permit? Russell: Oh I got my permit, yes. Kingsford: From us? Russell: Yes I've been licensed for a year and a half now. Kingsford: You did get a home occupation permit from the City of Meridian? Russell: Yes and I was told I had to send letters out to all next door neighbors across the street and caddie corner and he is two doors down. Kingsford: Thank you. Anyone else? MERIDIARI CITY COUh1CIL AUGUST 17, 1993 PAGE 24 Peggy Moyer, 2015 E. Paradise Lane, was sworn by the attorney. Moyer: The lady who wants the permit does not have any idea that I was going to speak. This issue came up when I was sitting at a Planning and Zoning meeting and I was intrigued by the conversation and the testimony. I did not know at that point where she lived. I work when the Legislature is in session and was involved when the day care licensing came into being and so I chase to go down the street they talked about and did it at different times, at different hours to see if I could find out which house she lived in. I couldn't tell so finally I got her specific address and went by it and then noticed more specifically and I think that street is, and they have much to be thankful for we live on Paradise Lane, their streets are very wide. It's a very safe place, they don't have tremendous traffic problems within the subdivision itself. As I mentioned before we have lived there 23 years and watched the growth and the other thing that I would like to comment about is thank the almighty that we live in a free country and private enterprise can do it's thing. There was never the intention from the Legislature to say that there can only be one or two in a designated area. That is free enterprise working at it's best and I think this is a very positive thing. The intent of the Legislation was to allow that very kind of thing in residential areas so that everything would not be commercialized. Kingsford: Thank you. Anyone else? Chris Jacobson, iS35 E. Meadowwood, was sworn by the attorney. Jacobson: I'd like to .bring us to the issue that's really at heart. It's important to have day care for our children and it's important to have private enterprise in America and I think there's a place for both. I think it's also important to recognize what people are doing when they are moving to places like Meridian. They are taking their belongings, they are selecting a lifestyle and their buying it. That lifestyle doesn't include businesses across the street. To me it's a very simple issue. It's a subdivision, it's a place to live and that's what I want to be done there. Kingsford: Thank you. Anyone else? K. Galen' i, 2190 Lochness Way, was sworn by the attorney. MERIDIAW CITY COUWCIL AUGUST 17, 1993 PAGE ~5 • Galea'i: I'm going to tell you guys the neighborhood I was raised in families look out for each other, not worry about the family across the street opening up a business to make better for themselves. People move into neighborhoods where I come from to live, to raise their children, not to worry about the guy next door except to look out for him. I bought this house just two doors down from the Carstensen's a year ago thinking, this is our first home by the way. This neighborhood is the coldest neighborhood I've ever lived in. When I see people like this bickering about the care and welfare of our children, you can't look at that as a business. That's care for our children. Kingsford: Thank you. Anyone else to testify? John Carstensen, 184@f E. Meadowwood, was sworn by the attorney. Carstensen: I'm Debb's husband. The kids all come and leave at different times. The mothers pack them up at staggered times every day. We don't have the luxury of being a one income family, we need two incomes and my wife chose to watch kids in her home to provide the service that we would like to have for our kids if my wife chose to work outside of the home. The in home day cares are in high demand. My wife get's phone calls all the time and has to turn them down because there's only so many you can care for. This Accessory Use Permit is required by the State of Idaho for my wife to obtain a license. As far as the letters I submitted and also one from one of the neighbors, she's a real estate agent, and I have called and talked to an actual appraiser that's done appraisal of homes in Chateau Meadows. I explained the situation of the day cares and so forth. He asked how many kids she was watching and then he said if it's not a big commercial day care he wouldn't even take it into consideration. As far as parking we've heard the concerns of our neighbors, we're not cold to them, we want to try to work this out. They said they have problem with parking, since then we've asked every parent to please park in our driveway, sometimes they forget or the father picks them up and not the mother or something like that, but we've really tried. I received a letter from Wayne Forrey and it states as far as the covenants pertaining to the subdivision do not prohibit home occupation as long as it's approved by Planning and Zoning. Don't leave things laying around out in front and I try real hard to keep the front of the house looking real nice. My wife works hard to watch these kids and is trying to work her own way through school. Kingsford: Thank you. Anyone else? IVo response. I will close the public hearing. MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE ~6 The Motion was made by Yerrington and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the request for a Home Occupation permit for Debb Carstensen. Roll Call Vote: Yerrington - Yea; Giesler - Vea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Tolsma to approve the Accessory Use Permit. Motion Carried: All Yea: Giesler: I want to say something about this issue. There isn't anybody on this board I'm sure that isn't more sensitive to children than we are. I have had them and I still have them and I've needed your services before. But I also see the people that have read this piece of paper saying that there will 6e no business in their subdivision and this is something that they can go by and they can purchase their home by and I've always gone with the idea that if the neighbors did not mind having this business next door to them then it was fine with me. I think there is a real need for children to be in a residential atmosphere. It's always been my contentions that if someone did oppose it they had a right to oppose it and I would vote for that person that owned that home because they bought there with the idea that there would not be a business next to them. I think that their rights have been taken away but by a decision of that Judge in Boise we have no other choice other than to approve this. I hope you all understand. ITEM #ii: PUBLIC HEARING: REQUEST FOR ANNEXATION AND 20NING TO R-8 WITH CHAMBERLAIN PRELIMINARY PLAT BY KEVIN HOWELL: Kingsford: I will open the Public Hearing and invite the owner or a representative to speak first. Jim Merkle, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the attorney. Merkle: This particular application is for annexation and preliminary plat proposed for 27 acres located directly north and contiguous to the existing Chateau Meadows Subdivision No. 8. MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE Z7 The line on the west, the up and down north/sauth is Locust Grove that's on the west and we're approximately at least a quarter mile south of Ustick on the east side of Locust Grove. We are proposing R-8 Zoning for this project which is consistent with the existing Chateau Meadows Subdivision to the south of us and also to the Hunter's Pointe Subdivision on the other side of Locust Grove along with Pheasant Pointe Subdivision on the other side of Locust Grove. This proposed subdivision contains 99 single family residential lots on approximately ~7 acres. This calculates out to a density of about 3.6 lots per acre. The applicant is proposing home sines with a minimum of 1300 sq. feet as stated in the Findings of Fact. He estimates the range of value of these homes to be 590,000 to '~1~0,000.00. The lot sines range in sine from about 6700 square feet to upwards of 13,500 square feet. Access to this subdivision is off of Locust Grove at the north there. Also there will be a secondary access at the south, that will be an existing access, that's where Chateau Meadows #B Laughridge Drive is the street. Also in the future there's an access to the north planned and also an access to the east which the highway district has requested that that be to a Collector status. All streets will be constructed according to ACHD Standards for public right of way. The streets will be residential streets with fifty foot of right of way and 3b feet of street and five foot sidewalks on each side as required by the City. Sewer will be provided by the extension of the south slough sewer, which right now sits at Meridian Road. I understand the City is working right now to get a project started to run that sewer past Meridian Road and then private developers are going to be continuing it on to Locust Grove. When that sewer gets there we will extend it through this subdivision. City water will be provided by extending existing lines in Locust Grove into the subdivision and also will tie into Chateau Meadows to the south of us through that same street. Regarding the City Engineer's comments, myself and the applicant have both reviewed the comments and I believe we can or have resolved these particular comments. I'd also like to address a couple of items that came up at the Planning and Zoning Meeting, there was concern from neighbors regarding irrigation and drainage. I'd like to point out (shown on map) what we're proposing to do is contain all our street run off within that area. Also on the north piece there will be a drainage facility that will contain all our drainage on site. Everything that comes from off-site whether it be the irrigation ]fines or the existing drainage will be picked up and continued on through our subdivision. Any questions? I'WER I D I Ald C I TY COUNC I L AUGUST 17, 1993 RAGE 28 Kingsford: This was another of these subdivisions that the City Engineer specified the preliminary plat should be resubmitted that there have been a numerous changes. Tolsma: The vacant space there where it says residences, those are not going to be inside the City? Merkle: Those were not part of the annexation application, it's a different ownership and we really have no control over that piece. Explained further - see tape) Corrie: Have you seen the memorandum from Wayne Forrey? Merkle: Yes we have reviewed those. A couple of them - adequate recreational facilities for neighborhood, this is a 27 acre site and the applicant chose not to provide open space. He's got some larger lots in there and he feels for the product that he's going to supply that this wil] adequately address his needs. Goal#7 it really doesn't state what we're trying to dor; we will try to comply with them as best we can. The last one as far as the greenbelt, you can't see it here but on the very north edge of the ten acre lot there's a short i~dt0 foot length that we're actually adjacent to the south slough and I believe that's designated as one of your green belt areas and we'll provide what we need to on the back of those lots to allow for that in the future. However, there's only a piece of it that touches our subdivision so we'll comply with what Wayne needs there. As far as a school site being reserved in advance of development, school sites basically on a twenty seven acre lot you really couldn't reserve a school site and have a single family development if we were allowed to do density transfer or something like that on a ~7 acre site you might have a ten or twelve acre school site and to get a density transfer your density is going to be so high that I don't think any of the neighbors would like that either so we didn't allow for a school site on this particular project. The applicant has told me that he is in favor and will support any transfer tax or anything that comes about from your Comprehensive Plan Change or anything the school district wants to try to do. Kingsford: Anyone else to testify? Burk Horup, Wingate, was sworn by the attorney. i MER I D I Ah! C I TY COUhIC I L AUGUST 17, 1993 RAGE 29 Borup: This really goes back to a planning and zoning meeting on the 12th of November in 1991. I was here prior to Mr. Woods getting approval and addressing the water proble® and not necessarily irrigation, but surface water that is created by some of the irrigation but rainfall and just a natural course of water in that area. I asked the panel why can't we fix the water problem and know that it is fixed before we develop any farther. I was told that they don't have jurisdiction over irrigation water, which I knew. They felt that I was bringing that up to possibly penalize Mr. Woods on his development, which I wasn't. This is going to create a real problem over here because we have one already. The developer that did Chateau Meadows did not allow for the hard pan in that area at all. There are five homes that I know of that have standing water in their crawl space. They put a storm drain that empties into a wastewater ditch which is highly illegal. They put a manhole over part of this storm drain. Some people want to look at the farmer as being the problem but farmers were here a long time before the farmer was here. It's ground water not irrigation water that's causing the problem. I'm not against growth but what I want to see done is people move into houses that they don't have to worry about. Would like to be sure developers do project the right way. tFurther statement - see tape) Kingsford: Thank you. Anyone else? 6Jern Alleman, 21~fi E. Ustick, Meridian, was sworn by the attorney. Alleman: As you know we presently have a problem with the Chateau Meadows Subdivision with water underneath homes. I would ask the Council if you have addressed the liability problem that comes with bike paths along drainage? Kingsford: We're aware of that, yes. Alleman: Concerns stated about water in crawl spaces and drainage problems tree tape). Kingsford: Thank you. Anyone else? Dale Sharp, 2445 Wingate Lane, was sworn by the attorney. • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 31~ Sharp: When they granted Chateau Meadows Subdivision I pointed out the problem that we had with irrigation and it should be taken into consideration. Since those subdivisions have come in I've had calls from people stating they are getting flooded and they want the ditch rider's na®e. The Wood's stated they would put up a fence between my property and that Nampa Meridian Irrigation Ditch and they were supposed to put a fence there and that hasn't been done yet. There's kids coming down there with motorcycles and they could go off into that ditch and get hurt. We ought to take a look at the density of these subdivisions that we're putting in. Take a good look at traffic, water problems, density and school situations. Kingsford: Thank you. Anyone else? John Sower, X550 N. Meadowglen Place, was sworn by the attorney. Sower: tCopy of letter distributed to Council) We the property owners in that northeast corner of Chateau Meadows have mailed this letter both to the co-developer of this project in question and the other property owners which are irrigating the surrounding area to the north and to the east of the project. One guy is in violation of damming a waste ditch, which puts a nice volume of water on his field but it also provides a big head for our end of the subdivision. When those houses were built they were set right on the hard pan and then filled around the stem wall. This is where the water problem is coming. We've got the water from irrigation, rain and what have you and it is coming right on that hard pan and finding the crawl space of the homes. At the time I wrote the deal on my home it was still under construction. I came back a few days later to check it and the Building Inspector had red-tagged it due to all the water in the crawl space. Feels Meridian is not taking the time to do the .job right. As of this date I've been fighting this since the 8th of April. Nobody wants to take responsibility for this problem. On September 1 beings the City of Meridian signed that house off prematurely they are going to be part of a law suit and it's going to entail six property owners in Chateau Meadows. The State of Idaho Law says that a property owner whether it be a live ditch or waste ditch is responsible for the cleaning and maintenance of that ditch if it crosses their property whether they use it or not. Also I understand it the City of Meridian has an ordinance that is worded pretty close to the same and that's not being enforced. I've been talking to Nampa Meridian Irrigation and that's a waste of time. Somebody has to be responsible and take the time to do these things right. fWERIDYAN CITY COUNCIL AUGUST 17, 1993 PAGE 31 Kingsford: Thank you. Anyone else? • Don Bryan, 2@t7Qt N. Locust Grove, was sworn by the attorney. Bryan: This problem started along tie~e ago when they first started developing in 1988 or 89 with Mirage Meadows and from that day on I've been here everytime there's a subdivision going in, you've all seen me in here and I fight these things and every time I ask about the water problem I'm told your addressing that and looking into it. It's an on-going mess and now we're looking at another subdivision and we've still got water problems from 1989. In fact when Mr. Woods developer Kearney Meadows, which is .,just to the south of the proposed development on the other side of Chateau Meadows, I have a copy of the minutes from Planning and Zoning Meeting stating there were property owners in the immediate area that testified and objected to the application stating that there were water and drainage problems in the area and that those problems need to be resolved before additional development is allowed. It also goes on to state, it appearing to have been likely caused by Chateau Meadows East Subdivision or downstream development that did not adequately size drain pipes and devices. Half of that problem has been taken care of with the removal and replacement of that tiled ditch on the back side of the first part of the development. The second half of that, which is affecting me has not been addressed, the undersized pipe downstream. I think I've been more than easy to get along with as far as getting something done with the problem but it's been three years since I first had a probles with this. Now we're looking at a development that's already been developed and I think, as much as I hate to think this, I think we're just looking at the tip of the ice berg with these crawl space problems. Something needs to be done about this, we just keep adding to the problem. Kingsford: Thank you. Anyone else? Helen Sharp, 2445 Wingate Lane, was sworn by the attorney. Sharp: We've been listening to how many proposed subdivisions and you say we're listening, we hear all your problems but you aren't hearing! Kingsford: Anyone else? Joy Brown, 2795 Wingate Lane, was sworn by the attorney. tMERIDIAN CITY COUNCIL AUGUST 17, 1993 l~AGE 32 Brown: My property is just east of al] of this and it's a farm and I do have a lot of irrigation water that goes somewhere and the ground there is real hard clay and it has no drainage. Kingsford: Anyone else to testify? No response. I will close the public hearing. Crookston: There has been a change in the testimony, I think it's appropriate to address it in the Findings. The Motion was made by Giesler and seconded by Tolsma to have the attorney prepare new Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM 1112: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH COUGAR CREEK PRELIMINARY PLAT HY RIDDLEMOSER: Kingsford: At this time I'll open the Public Hearing on that issue and invite the owner or his designee to speak first. Jim Merkle, Hubble Engineering, 955Q1 Bethel Crt., Hoise, was sworn by the attorney. Merkle: This application is for annexation and preliminary plat for approximately 12 acres located directly north and contiguous to Hunter Pointe Subdivision and south of Pheasant Pointe Subdivision which has final plat approval. Locust Grove is on the east and we're approximately 4 miles south of Ustick on the west side of Locust Grove. We're also proposing R-8 coning for this project which is consistent with both Hunter Pointe and Pheasant Pointe. This proposed subdivision contains 35 single family residential lots on 12 acres. This calculates out to a gross density of about 2.9 lots per acre. The applicant is proposing home sizes for this project with a minimum of 13iP1~f1 square feet ranging in value from ~9G,~d0~1 to ~120,QIG0.. This particular piece of ground is about 33~ to 354 feet wide by a quarter mile long. To the south of us is Hunter Pointe Subdivision as I spoke, there is no stub streets allowed for on Hunter Pointe. Pheasant Pointe on the north there are no stub streets allowed on it, we're kind of between a rock and a hard place as ,far as trying to hook into those subdivisions. However, what we worked out with the Highway District is picture shown of overall area) you can see Pheasant Pointe at the north, you can see our proposed project and to the south of us is Hunter Pointe MERIDIAN C I TY COUI~IC I L AUGUST 17, 1993 PAGE 33 • which I didn't show but there's no stub streets. What the Highway District is requesting and what we've shown here on this wap is that this particular street will eventually tie up to the north. This is a conceptual layout that the Highway District has approved with our traffic study. What we'll do on our subdivision is at the end there where we're going to turn up to the north we'll provide a temporary turn around within our subdivision and eventually it will be punched through and tie up with Pheasant Pointe so that we'll have two accesses there for emergency vehicles. The streets will be built to ACHD Standards. Sewer for this project will also tie into the South Slough Sewer. We are waiting for construction of that project so this particular subdivision cannot be constructed until we do get sewer. City water will be extended up from Locust Grove and into this subdivision and eventually tie into Pheasant Pointe and Hunter Pointe. Addressed Engineer's comments and will comply. I'd be happy to answer any questions. Corrie: It's X.915 acres, 35 lots, density is 2.9 per acre, why are you asking for an R-8? Merkle: Lot widths. Your R-4 required 8G ft. lot widths, we're in the 7Q- and 75 foot range on R-8 here. We have real deep lots. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Corrie: Are we going to have water problems with this one? Merkle: I'd like to say a word about the previous project. The problems we're talking about are basically existing problems or problems that came about in the past. They have nothing to do with this particular application other than in the fact that in our final design we address drainage and irrigation. Our particular drainage that we'll be creating on site in that subdivision will be stored on site, it will not be deposited into that drainage area on the east side of the property that's existing. We'll pipe that to the appropriate outlet at the north and west end of the property and it possibly could solve their problem. We're not going to add any to it from that particular subdivision. Those issues I think can be resolved in the final design of that subdivision. r: MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 34 .] Kingsford: My suggestion to you is that you visit with Mr. Smith, with Mike Preston. We've experienced a very similar thing in the City before and we found that break through the hard pan layer and put in a rock drain in least in that area and remedy those problems but they had to do it lot by lot. Merkle: They are digging test is, we know where the ground Engineer is requiring on all f the bottom footing elevation seasonal ground water so that's set. I think it's a solvable through it in our final design. pits, we know where the hard pan water is right now. The City final plats that I'm aware of that is a minimum of 1~" above high a requirement that you folks have problem and we just need to work Kingsford: I agree it's solvable, I'd just like to see it solved. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Nay; Tolsma - Yea; Motion Carried: All Vea: The Motion was made by Yerrington and seconded by Giesler to have the attorney prepare an annexation and zoning ordinance. Motion Carried: All Yea: ITEM it13: PUBLIC HEARING: REGlUEST FOR ANNEXATION AND ZONING TO I-L AND C-G PLUS MID VALLEY BUSINE5S PARK PRELIMINARY PLAT BY MARY MOON: Kingsford: At this time I'll open the Public Hearing and invite the owner or designee to speak first. Greg Johnson, 2433 Can-Ada Rd., was sworn by the attorney. Johnson: We're requesting an annexation of property. Graphic presented) The majority of E0 acres, would be used for a recreational includes a driving range and some miniature golf up in the northwesterly corner there's 10 ac aside as Mid Valley Business Park. We're asking some commercial the annexation, facility which and an R. V. park res that are set for Industrial r~ MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 35 Zoning on that and that would be developed as an office warehouse development. It is anticipated that that office warehouse development would develop over the next five to eight years and we'll do that in phases and that's why we're asking for the individual lots in there as we develop that. Mr. Clark has purchased the portion that is being developed as recreational and he'll address that specific development. It's my understanding that his funding is in place and he is ready to proceed with that this fall. Any questions? No response. Kingsford: Thank you. Anyone else? Michael Clark, 4~t198 N. Juliann, Hoise, was sworn by the attorney. Clark: The plan has right now 85 R.V. spaces with amenities for the R.V. spaces. This wouldn't be permanent trailers or mobile homes, this would be overnight camping mainly. It would have multiple batting cages, a 36 hole miniature golf course and a driving range with a practice putting green and sand trap. We have further development on the diagram that says commercial paths but those are to be left open for further expansion of other recreational items that we'd like to add in later on. We feel like this would be a real nice attraction to the City of Meridian. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Corrie to have the attorney prepare an ordinance. Motion Carried: All Yea: ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH KENTFIELD MANOR PRELIMINARY PLAT HY PERSONALITY HOMES: Kingsford: I will open the Public Hearing and invite the owner or designee to speak first. tAERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 36 Richard Cummings, Hubble Engineering, 9550 Bethel Crt., Boise, was sworn by the attorney. Cummings: We are requesting annexation for an 18.1 acre piece of property located east of Ten Mile Road, approximately 2000 feet north of Cherry Lane. On this piece of property we're requesting a preliminary plat approval for a 56 lot single family residential subdivision. tPicture presented to Council) Originally this development had 57 lots but Ada County Highway District required ~a stub road to the north to a proposed and I believe approved subdivision and that has been placed on the preliminary plat. Ten Mile Road is on the west side of us and a road to be constructed Chateau Lane on the south side of us. Chateau is to be a Collector Road as required by ACHD and will be constructed as such. We have read through all of the Findings and agency comments and we will comply with all of these prior to final plat. Kingsford: Any questions? Tolsma: This Chateau Drive you show will that be a half street? Cummings: It's going to be improved one half plus twelve feet. Corrie: Your going to get in and out of this subdivision from the north and off Chateau? Cummings: That's correct, one to the north and two to the south. Corrie: Do you have any idea when that to the south of you is going to be developed? Cummings: No. Corrie: So you've got a half a street south of you and one entrance to the north. Cummings: Half plus twelve, in other words the full width paving is required. There is a 10" water line existing in Ten Mile Road and we have sewer coming down from the north from Saddle View Subdivision which will provide sewer service to this subdivision. One issue that was brought up by Gary Smith was the situation concerning the eye brows on the two corners both to the east and the west as not having proper width for their lots. He indicated at that time that they should have 80 foot widths, we are I ~ U MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 37 • requesting that these remain platted as shown to allow additional lots in those corners. If we go with 80 feet lot frontages we only end up with basically one lot in each corner. Kingsford: Anyone else? Wayne Forrey, 5~ E. Franklin Rd., Meridian, was sworn by the attorney. Forrey: Something sticks in my mind with the developer and I hope you can shed some light on this. A representative from Personality Homes, after the Planning and Zoning Commission meeting when we were discussing my comments, a copy of the memorandum that you have and the lack of public facilities to serve this area, we started talking about fire service and the developer indicated that he would be willing to talk to the City seriously about donating one of the residential lots to the Fire Department for a future satellite fire station. Has that been carried forward? Cummings: Yes we will still address that. Cowie: Did the Fire Chief state that he wanted it that close to Cherry Lane? Forrey: Well as I recall Councilman it was something that the Fire Department wanted to discuss with Personality Homes and I ,just wanted to make sure that my memory was correct and if we could at least get those conversations going. We do need a satellite fire station in this area of the City. Cummings: I need to make a correction, this plat was submitted to the City as Personality Homes being the owner/developer, that name has now changed to Merit Homes Inc., 342°- Stone Creek Way, Boise. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Cowie: I have a question for our Engineer, there is a considerable list of submittals here, is this one of those places where you really feel that you need that taken care of before you start this final plat? Eng. Smith: I guess if the plat is going to be submitted in more than one phase I would say yes. • ~. MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 38 Discussion - see tape. The Motion was made by Yerrington and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Kentfield Subdivision. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to have the attorney prepare an Ordinance for annexation and coning. Motion Carried: All Yea: Kingsford: Five minute break - Meeting called back to order. ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND 20NING TO R-4 WITH ENGLEWOOD CREEK PRELIMINARY PLAT BY ENGLEWOOD PARTNERSHIP: Kingsford: At this time I'll open the Public Hearing and invite the representative to speak first. Richard Jewell, 108 Arlington, Eagle, was sworn by the attorney. Jewell: We have received the comments from the various agencies and to my knowledge I believe that we've addressed most of the concerns of Meridian City. There's a couple of things that I would like to go through. Communication has been given with the Bureau of Reclamation, we have contacted the School District and we have resubmitted a plat to Engineer Smith. A copy of it is here tonight. Addressed suing of culvert underneath Ustick Road, that culvert will be sued to maintain a hundred year storm. A twelve inch water main will be provided in Ustick Raad. One item of concern that we're still in negotiations with is pertaining to properties dedicated to the City for either a well lot or fire station. We will satisfy the needs as to what the City would agree to. In revising the plat we've taken care of several different things. Explained those revisions - see tape) Kingsford: Thank you. Anyone else? No response. I will close the Public Hearing. MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 39 The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Corrie to have the attorney prepare an ordinance for annexation and coning. Motion Carried: All Yea: Kingsford: Items ii16 ~ 17 will be heard at the September 7th meeting. ITEM it18: DEPARTMENT REPORTS: Eng. Smith: Last Friday we had the bid opening for outfitting Well No. 15 with a pump and pump house. We had two bidders, Riverside Inc., of Parma, Idaho and Owyhee Construction of Boise Idaho. The low bidder was Riverside Inc. of Parma and their bid was 3137,024.74. As you can see on your bid abstract it's slightly less than the Engineer's estimate. All of the mathematics have checked out. I would request the•Council's acceptance of this bid and award the bid to Riverside Inc., of Parma, Idaho. Also, I would request that you allow the Mayor and City Clerk to sign a Notice to Proceed and the agreements for the contractor to build this project. Kingsford: Did you hear anything back from Owyhee Construction that was challenging? Eng. Smith: Was unable to reach. About 4:30 Riverside called me and said that they had been in conversation with the License Board at that time and the Public Works License Board person they talked to said that they didn't have a problem with this bid. For the Council's information, Owyhee Construction had called me and questioned whether or not Riverside was licensed to build this project. I did same checking into that and they are licensed as a specialty contractor and according to the person I talked to at the license departe~ent today, he said that a specialty contractor can bid a project as long as the specialty contractor is qualified and licensed to accomplish at least 50x or more of the work and he can subcontract the remainder of the MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 4G work. According to the bid items. on this project the emergency generator which is Item #7, the discharge piping which is Item #4 and the vertical turbine pump and motor which is Item #3 are the three items I believe that Riverside is qualified and licensed to do and percentage wise it works out to about 53.6% of the total. The Motion was made by Yerrington and seconded by Tolsma to award the bid to Riverside Inc., of Parma, Idaho in the amount of ~137,G24.74 and authorise the Mayor and City Clerk to sign the blot i ce t o Proceed. Motion Carried: All Yea: Kingsford: Item #D under Department Reports is a request to set up a temporary trailer to use as a sales office by Vicki Welker. Yerrington: How long do you want to leave it on this lot? Vicki Welker: A year or year and a half maximum, hopefully it will be six months. Kingsford: I think more traditionally we've granted for a lesser period and been fairly accommodating in extensions. The Motion was made by Giesler and seconded by Tolsma to approve the temporary sales office for a period of one year to come up far review at the end of that time. Motion Carried: All Yea: Kingsford: Next item is the Amended Budget as a result of increased revenue to the City through a variety of areas, specifically additional building permits, grant money, we have re-opened the budget to cover the expenses we've had in hiring additional people. Are there any questions of the Council in reference to this amended budget? Discussion on additional areas - see tape. The Motion was made by Giesler and seconded by Corrie to approve the Amended 1993 Budget to be scheduled for Public Hearing Sept ember 8, 1993: Motion Carried: All Yea: • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 41 i Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 1-31G1, SALARIES, OF THE REVISED AND COMPILED ORDINANCE OF THE CITY OF MERIDIAN; AND RE-ADOPTING SAID SECTION 1-1161, SALARIES, TO PROVIDE FOR AN INCREASE IN SALARIES OF THE MAYOR AND COUNCILMEN; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #613 read in it's entirety? No response. The Motion was made by Corrie and seconded by Yerrington that the rules and provisions of 5~1-90~ and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #613 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: Kingsford: The next item then would be to approve of the preliminary draft of the 1993-94 Budget. 1'd like to publicly thank Jo Bolen and the members of our staff that put this budget together. Are there any questions about the Fiscal 1994 Budget? Ron has asked that maybe you would address your August 17th 1 et t er. Jo Bolen: I was talking with Ron the other day and one of the questions that came up at one point during the budget process was regarding putting in an item for computer services, then at one paint it got kicked out and then it got thrown back in at the last minute and so in talking with Ron he asked me to put my concerns down regarding it. So I did a letter today and got it faxed over since I knew the meeting was tonight. Our biggest concern is the fact that I don't feel it is necessary to enter into a contract on a monthly basis for your computer services. A couple reasons far that are I don't know, based upon the service in the past you normally have not utilised the programmer an awful lot except for when you were requesting a new program. I think you would be better off in requesting a new program that you negotiate a fixed cost for that program if you are not able to find a program out there that is already in existence, has all the bugs worked out and generally that is much more cost feasible for you to do it that way. The other concern is the fact that frequently in going into a monthly contract along that line they have very basic services they will provide you, anything above and beyond that you end up having to pay over the hourly rate. I • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 42 • don't feel that it's necessary for you. I think one of the main things that you've got to look at is that I really feel that in the next year or two you need to be looking at getting a new system. There are a lot of problems with the current system that require a lot of work to be done manually before it can even be entered into the systems Jack and I had talked about this in the past. This year it became especially noticeable as your amount of work has grown. In working with Janice on the budget, trying to get information she had to go to several places to find it, she couldn't just pull it up on the screen of the computer. So any type of data research takes a lot of manual work and I think with the siae that you've become that looking into a new system that will allow you to do a lot more will eliminate a lot of the work that's done by hand. That's the basis of the letter. Kingsford: As we were looking at that we were talking about programming so that we'd have item budgets that would parallel those that we get off of the monthly reports so if we were to do, and Janice and Ann went over and took a look at_Nampa's program and they like how it runs and so on, we would do that on a PC so we wouldn't have that - as I'm trying to compare those wouldn't know where we stand really month to month by those line items would we? Bolen: The program that Janice is talking about is a permit program. There may be some of that information that would correlate into the general ledger. Discussion and explanation - see tape. The Motion was made by Tolsma and seconded by Yerrington to Notice the Fiscal Year 1994 Budget for Public Hearing on September 7, 1993. Motion Carried: A11 Yea: Wayne Forrey: About three weeks ago Hest Western Concrete submitted a site plan in response to my letter to them asking for a site plan with all the specifics of their development plans. It came in, it was deficient, I took a red pencil and went after it, submitted that back to Best Western. They called and acknowledged that they had received it and asked why all the detail and I cited in the Ordinance the things-we needed. They said okay we'll get right on it. I did get a call this morning from Bill Collins, their legal counsel and Bill indicated they • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 43 • had made those changes to the site plan, all the things we had asked for and that I had pointed out and now it was time to schedule a meeting to review that. I think we can call it a compliance meeting, so I think it would be appropriate to invite Mr. Johnson and Mr. Andrew and Ellen Andrews and anyone else to this compliance meeting and I presume that will be this week. Don't have a specific time set. Corrie: You will have the time set up and notify everybody? Forrey: Yes. Kingsford: Thank you. Chief Gordon: The new Police Department is really taking shape and I would welcome any of you to come down and take a look. Kingsford: Thank you. Anyone else? Corrie: We've got two cards back - Stubblefield Development that's between Linder and Cherry Lane, they have received notice and nothing has been done to clean up the weeds. Kingsford: The time limit is passed and if you can't get it in a day let us know and we'll get somebody out there right away and do it. Corrie: The other one is between Burger Den and Apollo Cleaners, they came in and took one slice through with a machine and some of those weeds are six foot tall they didn't even get. Supposedly they are to be getting that cleaned up. Kingsford: Proceed with another notice on that. Corrie: Is the cleaning supplies for the Fire Department put out on Bid? Kingsford: No. I'd be interested in your thoughts on that. There's some real trade-offs if you can buy locally, those people pay takes. Give some thought to that. The Motion was made by Tolsma the meeting at 1~:4~ A. M. and seconded by Giesler to adjourn Piotion Carried: All Yea: • MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 44 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVEDs • NT P. KIN O MAYOR ATTEST: ~~~ r-- i~~ WILL BERG, TY CLERK clt 2 a s• • ~~ ORDINANCE N0. 611 AN ORDINANCE RELEASING AND VACATING A SEWER EASEMENT RECORDED AS INSTRUM•Ef~TT NUMBER 3,94690, RECORDS OF ADA COUNTY, 'IDAHO,' AND, A WATER LINE MAINTENANCE EASEMENT RECORDED AS' 11~1STRUMENT NUMBER 7620284, RECORDS OF ADA COUNTY, IDAHO; AND, A WAZ~ER •LINE'EA'SEMENT RECORDED AS" INSTRUMENT NUMBER 7620285, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. ~ ~~ •~ WHEREAS, the. City Co•unci•1 and the Mayor of the City of Meridian, Idaho, have concluded that~it is in the best interest of said City to release and• vacate the sewer easement recorded as Instrument No. 394.690, the water line maintenance easement recorded as Instrument No. 7620284, and the water line easement recorded as Instrument No. 7620285.• NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: .Section 1. That since the land owner has requested that the sewer easement recorded as Instrument No. 394690, the water line maintenance easement recorded as Instrument No. 7620284, and the water line easement recorded as Instrument No. 7620285, be released and vacated., and the land owner having granted new sewer and water line easements and the City of Meridian agreeing to release the old sewer and water line easements, the City of Meridian hereby vacates the sewer easement recorded as Instrument No. 394690, the water line maintenance easement recorded as Instrument No. 7620284, and the water line easement recorded as Instrument No. 7620285. Section Z. WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 3rd day of August, 1993. APPROVED: ATTEST: T P. I G RD, MAYOR WAYNE FOR EY, CI Y CLER • • 197 ORDINANCE N0. 608 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST QUARTER NORTHWEST ~)UARTER, SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. r -~ ' WHEREAS, the .City Council and the Mayor of the City of Meridian, Idaho, have concluded that~it is in the best interest of said City to annex to the said City real property which is hereinbelow described: ' A parcel of land located in the SW 1j4 of the•NW 1/4 of Section 2, Township 3 North, Range i West, B.M., Ada County, Idaho, more partfc~ilarly described as follows: Commencing a:t the corner common to Sections 2, 3, 10 and 11, Township 3 North ,. Range 1 West, B:M.; thence North 00°19'07" East, 26~l2.98 feet to the quarter corner common'to said Sections 2 and 3; thence South 89°12`•32" E'as't, 132.5.13 feet to the C-W 1/16 corner; thence North 00°19'59" East along the 1/16 1 ilne, 40.09 feet to the REAL' POINT OF' BEGINNING`. Thence North 89°05'34" West, 1325.1.0 feet to- a point on the west boundary of said Section 2, from which the corner common to said Sections 2 and 3 bears south 00°24'20" West 42.77 feet; ..... . thence along said West boundary North 00°24'20" East, 738.66 feet to a 5/8" iron pin marking the southwest corner of Parkwood Meadows Subdivision No.i; thence along the Southerly boundary of Parkwood Meadows Subdivisions. No. 1, and proposed Parkwood Meadows Subdivision No. 2, the following courses and distances to 5/8" iron pins; South 89°16'36" East, 293.2'5 feet; ' North 00°43'24" East, 10.00'feet; South 89°16'36" East, 80.00 feet; South 00°43,2.4" West, 10.00 feet; South 89°16'36" East, 950.8'8 feet; thence departing said Southerly~•boundary South 00°19'59" west, 742.92 feet to'the Point o'f Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: 199 • Section 1: That the above and referenced real property described as: • A •parce 1 .of. 1 and located i n :the SW 1/4 of the NW 1/4 Qf .~ Section 2., Township 3 North, ~ Range 1 ,West,, ,B:.M. ,.Ada County, Idaho, .more particularly described as,follows: • .. Commencing at the corner common to Sections 2', 3, 10 and 11, Township 3 North, Range 1 West, B.M.; thence North 00°19'07" East, 2642.98.feet to the quarter, corner common to said Sections 2 and. 3; thence South 89°12'32" East, 1325.13 feet to the C-W 1/iC •corner;•th~ence North 00°19'59" East along the 1/16 line, 40.09 feet to the REAL POINT OF.BEGINNING. Thence North 89°05'34" West, ].325.10 feet to a point on the West boundary of said Section.,2,:from which the corner common to said Sections 2 and 3 bears South o0°24'20" West, 42.77 feet; thence along said West boundary North 00°24'20" East, 738.66 feet to, a 5~8" iron pin marking the Southwest corner of Parkwood Meadows Subdivision No.i; thence .along the Southerly boundary of Parkwood Meadows Subdivisions No. 1, and proposed Parkwood Meadows•Subdivision No. 2, the following courses and distances to 5/8" iron pins; South 89°16'36" East, 293.25 feet; North 00°43'24" East, 10.00 feet; South 89°16'36" East, 80.00 feet; South 00°43'Z4" West,.10.00 feet; South 89°16'36" East, 950.88 feet; thence departing said Southerly boundary South 00°19'59" West, 742.92 feet to the Point of Beginning. is hereby. annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow single family dwellings to be constructed on the parcel which would have a density of 3.24 dwelling units p•e.r acre and no more than 3.24 dwelling units per acre shall be placed on the property or the land shall be de-annexed; 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 including that the houses contain at least 1400 square feet; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partial.Iy located on the property. . • • 199 • Section 2. That the property shall be subject to de- annexation if the owner constructs more than 3.24 dwelling units per acre or if hquses less than 1400 square feet are constructed; the property shall also be subject to de-annexation if the owner does not construct water and sewer line extensions to serve the property, construct streets to and within the property, fails to meet the requirements of. the Ordinances of the. City of Meridian, or fai l~s to meet the . requirements a:nd conditions." of the Findings of Fact and Conclusions of .law anal of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de- annexation, which conditions shall run with land and. also be personal to the owner." 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 3rd day of August, 1993. APPROVED: T P. KI G 0 D, MAYOR ATTEST: WAYNE S. ORREY,. ITY CLER ~0~ • ORDINANCE N0. 609 b~ AN ORDINANCE OF'THE CITY OF MERIDIAN ANNEXING AND 20NING CERTAIN REAL'PROPERTY WHICH IS DESCRIBED AS THE NORTHEAST QUARTER OE SECTION 9', TOWNSHIP 3 NORTH, RANGE~1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the. City of Meridian, Idaho, have concluded that it is in the best interest of said city to annex to the said City real property which is hereinbelow described: A tract of land in the Northeast Quarter of the Northeast Quartet of Section 9, Township 3.North, Range i West, Boise- Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Southeasterly corner of the Northeast Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 West, Boise-Meridian, which point bears South 1,324.17 feet from the section corner common to Sections 3, 4, 9 and 10, Township 3 North, Range 1 West, Boise-Meridian; thence North 89°48' West along the Southerly boundary of the Northeast Quarter of the Northeast Quarter of said Section 9, 777.90 feet to a steel pin; thence North 0°06'40" West, 280.00 feet to a steel pin; thence South 89°48' East, 778.44 feet to a point on the section line common to said sections 9~and 10; thence South• along said line, 280.00 feet to the POINT of BEGINNING. NO6d, THEREFORE,~BE iT ORDAINED by the Mayor and City Council o~f the ;Ci'ty'•of Meridian, Ada County, Idaho: SECTION 1: That the above and referenced real property described as: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 West, Boise- Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Southeasterly corner of~the Northeast Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 West, Boise-Meridian, which point bears South 1,324.17 feet from the sect i o~n corner common to Sections 3, 4, 9 and 10, Township 3 North, Range 1 West, Boise-Meridian; thence North 89°48' west along the Southerly boundary of the Northeast Quarter of the Northeast Quarter of said Section 9, 777.90 feet to a steel pin;~thence North 0°06'40" west, 280.00 feet to a steel pi'n; thence• South 89°48' East, ?78.44 feet to a point on the section line common to said Sections 9 and 10; thence South along said line, 280.00 feet to the POINT of BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-2 Residential; if the zoning is not followed the property shall be subject to de-annexation; that the Findings of Fact and Conclusions of Law are incorporated herein by reference and requirements are a part of this ordinance; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner constructs more than two dwelling. units on the entire parcel; the .property. shall also be subject to de- annexa~t i ~on i f t`he owner f a i 1 s . to . meet the requ i ~~ement s and conditions of the Findings of .Fact -and Conclusions. of. Law and of this ordinance, and the other Ordinances of the City of•Meridian, which conditions shall run with land and also be personal to the owner. ~..~. Section 3. -That the City: Clerk shall cause one (1) copy of the legal descri'ption,~ and map, which shall plainly and cle.arl~y 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 ordin~nce.~ •• Section 4: EFFECTIVE DATE: There being an emergency, which emergency is here}~y 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 c5 f• Meridian, .Ada County, Idaho, this .3rd day of August, 1993. 2 0'2 •.: • APPROVED: OR - - G KINGSFORD ATTEST: WAYNE F REY, C TY CLER •. ORDINANCE NO. 610 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OE GOVERNMENT LOT 5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER, OF SECTION 6, 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 •t he said City real property which is hereinbelow described: A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16~37~~ West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the• centerline of Meridian Road, to the Southwest corner of "' Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right of way line of Meridian Road and continuing • • 325 AMENDED ORDINANCE NO. 610 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT:~5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER, OF SECTION 6, 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 whch is hereinbelow described: - The SE 1/4 NW 1/4 Section 6, T.3N, R.1E, B.M. and A parcel of land. being~a part of~Govemment.Lot 5 of Section 8, Town"ship 3 North Range 1..East of the Boise ~ilAeridian, Ada County, State of Idaho; more particularly described as follows: Beginning at the: Northwest comer of :Section 6, Township 3 North, Range 1 East, Boise,;Meridian; thence South ~°16'37" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also .being the. centerline of Meridian Road, to the Southwest comer of Govemment Lot 5 of said Section 6; thence North 89°34'50" East 951.34 feet along the Southerly boundary of Govemment Lot S ~ said Section 6 to. an iron pin, said pin bein the REAL- POINT OF BEGINNING; thence continuing .North. 89°34'50"East 139,19 feet along the Southerly boundary of Govement Lot 5 of said Section 6 to an iron pin marking the Southeast comer of Govemment Lot 5 of said Section 6, thence leaving said Southerly boundary of Govemment Lot 5 of Section 6, ~ ~ ~ ~ - North Dd°17'35" East 624.66 feet along the Easterly boundary of Govemment Lot 5 of said Section .6:to an iron pin; thence leaving said Easterly boundary of Govemment Lot 5 of Section 6, North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1056.67 feet to an iron pin on the Westerly boundary of Govemment Lot- 5.~of Section 6;~ thence South 00°,1.6'37" W®st 196:62-feet along the Westery boundary Hof Government Lot ` 5 of Section 6 to an iron pin; thence 32fi ~ i of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particulalry described as follows: Beginning at the Northwest comer of Section 6, Township 3 North, Range 1 East, Boise Meridian; .thence South 00° 16'37" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the center{ine of Meridian Road, to' the Southwest comer of Government Lot 5 of said Section 6; thence North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to. an iron pin marking the Southeast comer of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6, North ~°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66°47'10" West 37.03.feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North~89°50'10" West 1056.67 feet to an iron pin on the Westerly boundary of Government Lot 5 of Section 6; thence South 00° 16'37" WEst 196.62 feet along the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence South 68°30'07" East 1020.47 feet along the centerline of Jackson Drain to THE POING OF BEGINNING. is hereby annexed to the~City of Meridian, and shall be zoned R-8 Residential; that the reason for the R-8 zoning is to allow the property to be used residentially; that no duplexes, townhouses or condominimums shall be constructed; that all houses constructed on and within said property shall be at least 1,300 square feet in size;. that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property; that there shall be a bike path along Jackson Drain; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact • ~ 327 the Findings of Fact and Conclusions of Law, those: stated herein, and the Ordinances of the City~of Meridian •which •conditions shall run with the land and also be personal to the owner. .. Section .3. 'ghat the,City Clerk• shall cause one {1) copy of the legal descxiption; 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 Ordiance.. .... . Section 4. ~ EFFECTIVE DATE:. There being an emergency, which. emergency is .- hereby declared. too sexist, 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 or the City of Meridian, Ada County, Idaho, this 17th day of May, 199x4. APPROVED: .. , . NT P. KING RD, R ATTEST: WILLIAM G. BERG, JR., CI CLERK