Loading...
HomeMy WebLinkAbout1993 08-03 e MERIDIAN CITY COUNCIL AGENDA TUESDAY, AUGUST 3, 1993 - 7 :34a P. M. CITY COUNCIL CHAMBERS ORIGINAL MINUTES OF THE PREVIOUS MEETING HELD JULY 20, 1993 tARPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUES T FOR APPROVAL OF PRELIMINARY PLAT FOR BRIDGEWOOD PARK SUBDIVISION, 18 FOUR-PLEX UNITS BY HUNEMILLER- WURTZ: tAPPROVED) ~. FINDING5 OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE 13.5 ACRES FROM R-4 TO R-8 AND 2.89 ACRES FROM R-4 TO L-O WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN RICKS: tAPPROVED) 3. ORDINANCE #6rD7: REQUEST FOR REZONE 13.5 ACRES FROM R-4 TO R-8 AND 2.89 ACRES FROM R-4 TO LO WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN! RICKS: tAPPROVED) 4. ORDINANCE #6Q'18: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH PRELIMINARY PLAT FOR SADDLEVIEW ESTATES, 73 L OTS B1' DICK-CON CORP: tAPPROVED) 5: ORDINANCE #6Q19: REQUEST FOR ANNEXATION AND ZONING R-4 BY NELSON AND MYRNA PERRY: tAPPROVED) 6. ORDINANCE #bifD: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT FOR FOTHERGILL SUBDIVISION BV E41ING CO.: tAPPROVED) 7: FINAL PLAT: VALERIE PLACE #2, 34 LOTS BY EMERALD FALLS ENTERPRISE: tAPPROVED) 8: FINAL PLAT: HOWELL TRACT, 97 LOTS BY KEVIN HOWELL CONSTRUCTION: tAPPROVED) 9: FINAL PLAT: TRACT #4 SUBDIVISION, 69 LOTS BV PROPERTIES WEST, INC.: tAPPROVED) ita: FINAL PLAT: MERIDIAN MANOR #8, 34 LOTS BY BEDELCO, INC.: tAPPROVED) • • ii: PUBLIC HEARING: TABLED FROM JULY ~tt1TH CITY COUNCIL MEETING, REQUEST FOR ANNEXATION AND ZONING OF R-4 WITH PRELIMINARY PLAT KNDWN AS LOUNSBURY LANE SUBDIVISION PLUS VARIANCE TO CULDESAC LENGTH BY CHRIS WILLIAMS: tAPPROVED - FINDINBS TO BE PREPARED ON CULDESAC LENGTH) 12: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL FOR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN ~ DUANE STUECKLE: tTABLED) 13: PUBLIC HEARING: TO CONSIDER POSSIBLE ECONOMIC DEVELOPMENT GRANT APPLICATION FOR INFRASTRUCTURE IMPROVEMENT TO ASSIST CHECKMATE INDUSTRIES: tAPPROVED) 14: WATER AND SEWER DELINQUENCIES: tAPPROVED) i5: APPROVE BILLS: tAPPRDVED) i6: DEPARTMENT REPORTS ~ ~ ORIGINAL MERIDIAN CITY COUNCIL MEETING AUGUST 3. 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:3G P. M.: Members Present: Ron Tolsma, Bob Corrie, Max Yerrington: Members Absent: Bob Giesler: Others Present: Richard Jewel], Ginger Jewell, Raleigh Hawe, Vicki Welker, Cris D. Williams, Ron Walsh, Don Bryan, David Collins, Brian Chapman, Walter Casey, Jim Merkle, Becky Bowcutt, Gary Seith, Bill Gordan, Wayne Crookston, Wayne Forrey: MINUTES OF THE PREVIOUS MEETING HELD JULY 20, 1993: The Motion was made by Tolsma and seconded by Yerrington to approve of the July 2B, 1993 minutes as written: Motion Carried: All Yea: ITEM #i: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR APPROVAL OF PRELIMINARY PLAT FOR BRIDGEWOOD PARK 5UBDIVISION, 18 FOUR-PLEX UNITS BY HUNEMILLER-WURTZ: The Motion was made by Tolsma and seconded by Corrie to approve of the Findings of Fact and Conclusions of Law for Bridgewood Park Subdivision. Roll Call Vote: Corrie - Yea; Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #~: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE 13.5 ACRES FROM R-4 TO R-H AND c. 89 ACRE5 FROM R-4 TO L-O WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN RICKS: The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law far Steven Ricks. Roll Call Vote: Yerrington - Absent; Tolsma - Yea; Yea; Corrie - Yea; Giesler - Motion Carried: All Yea: • • MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 2 ITEM #3: ORDINANCE #607: REQUEST FOR REZONE 13.5 ACRES FROM R-4 TO R-8 AND c. 99 ACRES FROM R-4 TO L-O WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN RICKS: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 1~, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #607 read in it's entirety? No response. The Motion was made by Yerrington and seconded by Tolsoa that the rules and provisions of 50-90~ and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #607 be passed and approved. Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Absent; Tolssa - Yea; Motion Carried: A11 Yea: ITEM #4: ORDINANCE #608: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH PRELIMINARY PLAT FOR SADDLE VIEW ESTATES 73 LOTS BY DICK-CON CORP.: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST QUARTER NORTHWEST QUARTER, SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who would like Ordinance #608 read in it's entirety? No response. The Motion was made by Tolsma and rules and provisions of 50-90~ requiring that Ordinances be re. dispensed with and that Ordinance Roll Call Vote: Yerrington - Absent; Tolsma - Yea; seconded by Yerrington that the and all rules and provisions ad on three different days be #609 be passed and approved. Yea; Carrie - Yea; Giesler - Motion Carried: All Yea: • • MERIDIAN CITY COUNCIL AUGUST 3, 1993 pAGE 3 ITEM #5: ORDINANCE #609: REQUEST FOR ANNEXATION AND ZONING R-4 BY NELSON AND MYRNA BERRY: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTHEAST @UARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who wishes Ordinance #609 read in it's entirety? No response. The Motion was made by Corrie and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance #609 be passed and approved. Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Absent; Tolsma - Yea; Motion Carried: All Yea: ITEM #6: ORDINANCE #610: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT FOR FOTHERGILL SUBDIVISION BY EWING CO. . Kingsford: AN 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. Is there anyone from the public who wishes Ordinance #6i0 read in it's entirety? No response. The Motion was made by Yerrington 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 #610 be passed and approved. Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Absent; Tolsma - Yea; Motion Carried: All Yea: ITEM #7: FINAL PLAT: VALERIE PLACE #2 - 34 LOTS BY EMERALD FALLS ENTERPRISE: Kingsford: Council members do you have any questions about this request? • s MERIDIAN CITY COUNCIL AUGUST 3, 1993 I~'AGE 4 Corrie: Have you seen the Engineer's comments? Jim Merkle: Yes, we have and we will take care of thew. The Motion was wade by Tolswa and seconded by Yerrington to approve of the Final Plat of Valerie Place #2. Motion Carried: All Yea: ITEM #8: FINAL PLAT: HOWELL TRACT - 97 LOTS BY KEVIN HOWELL CONSTRUCTION: Kingsford: Any questions on this request? Do you have any problew with Mr. Swith's comments? Jim Merkle, Hubble Engineering: On #li, provisions far the turn around at the end of Sharptail and Sagehen - Explained on map. What we are proposing to do is to provide a gravel emergency area sufficient for ewergency vehicles. Corrie: How long do you think it will be before you have that done so we're going to have a connection there? Merkle: It's a different applicant than this one. When the woratorium is up on new applications possibly he will have his application in for preliminary plat. It's already annexed and we've already got conceptual layout with the Highway District. The Motion was wade by Corrie and seconded by Tolsma to approve the Final Plat for Howell Tract Subdivision conditioned upon ®eeting on the requests by the City Engineer. Motion Carried: All Yea: ITEM #9: FINAL PLAT - TRACT #4 SUBDIVISION - 69 LOTS BY _ PROPERTIES WEST, INC.: Kingsford: Does Council have any questions for the Engineer or Staff on this? The Motion was wade by Tolsma and seconded by Corrie to approve the Final Plat for Tract #4 Subdivision. Motion Carried: All Yea: ~ ~ MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 5 ITEM #i~t: FINAL PLAT: MERIDIAN MANOR #8, 34 LOTS BY~BEDELCO, INC. Corrie: Again, I'd want to make sure that the comments from the City Engineer are met. Becky Bowcutt: I didn't receive them. Corrie: I noticed there was letters fro^ Nampa Meridian Irrigation and the Bureau of Reclamation. Have you seen those? Bowcutt: We've been working with the Bureau of Recla®ation. The Motion was made by Corrie and seconded 6y Tolsma to approve the Final Plat for Meridian Manor #9 conditioned upon all comments being met. Motion Carried: All Yea: ITEM #il: PUBLIC HEARING: TABLED FROM JULY ~iQITH CITY COUNCIL MEETING, REQUEST FOR ANNEXATION AND 20NING OF R-4 WITH PRELIMINARY PLAT KNOWN AS LOUNSBURY LANE SUBDIVISION PLUS VARIANCE TO CULDESAC LENGTH BY CHRIS WILLIAMS: Kingsford: At this time I'll open the public hearing and invite the applicant or his representative to begin. David Collins, 3351 Americana Terrace, Boise, was sworn by the attorney. Collins: This project is on Meridian Road north of Cherry Lane approximately a half mile. It's 41 lots on 13.75 acres. The client wished me to submit some sketching that he's done as to how the entry to the subdivision will look. tSketch presented and explained) At the previous hearing several issues were addressed. The primary one was a request by us that you re-look at condition #13 that conditioned the piping of all irrigation ditches, tied that to the annexation of the properties. The property to the south is not owned by Mr. Williaus, the gentleoan on that property has provided a letter as requested by City Council stating he would like a waiver of condition #13 as he r~ishes to continue agricultural use of the property tletter read - see tape). Corrie: The person that is on the property now is different from the owner of the property? MERIDIAN CITY COUNCIL AUGUST 3, 1993 pAGE Ca Collins: Yes. Corrie: Does it make any difference if the owner is not the one writing the letter? Crookston: It should be confirmed by the owner. Collins: Mr. Williams states that he does have power of attorney on the property so if we provide that to you that should suffice for the letter. Crookston: It would be upon examination. Tolsma: Is this ditch under the jurisdiction of an irrigation district? Collins: No sir, it's his ditch. Kingsford: Thank you. Anyone else to offer testimony on this issue? ldicki Welker, 2057 Monaco, was sworn by the attorney. Welker: I'm working on a property directly to the north of this subdivision owned by Mr. 8 Mrs. Barton which adjoins the subdivision that I*m working on through the county on the corner of Meridian and Ustick Road. It comes within the service area from this subdivision and I wanted to ask what provisions are being made for water and sewer to go to the north from this subdivision? Collins: The sewer is being brought in on the west side of the property and will come up approximately 700 feet to turn north with a 10" line going to our north property line. Discussion between Collins and Welker - see tape. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Crookstan: I think that it would be appropriate to have a deed restriction placed on that property stating that this will be complied with, to be abandoned or piped upon development. ~ • MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 7 The Motion was made by Corrie and seconded by Yerrington to approve the Findings of Fact conditioned upon reviewing the power of attorney and deed restriction stipulating to filling the ditch or abandoning it. Roll Call Vote: Yerrington - Yea; Corrie - Yea; Giesler - Absent; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Corrie and seconded by Tolsma to have the attorney prepare Findings of Fact and Conclusions of Law for the culdesac length. Motion Carried: All Yea: ITEM #~1~: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL FOR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN AND DUANE STUECKLE: Kingsford: At this time I'l1 open the Public Hearing and invite the owner or representative to speak first. No response. Anyone else that would like to speak to this issue this evening? No response. I will close the public hearing. Corrie: Have they seen the comments from the Engineer? Forney: They were sent but I don't have the enact date. The Motion was made by Yerrington and seconded by Tolsma to table this item until the next meeting. Motion Carried: All Yea: ITEM X13: PUBLIC HEARING: TO CONSIDER POSSIBLE ECONOMIC DEVELOPMENT GRANT APPLICATION FOR INFRASTRUCTURE IMPROVEMENT TO ASSIST CHECKMATE INDUSTRIES: Kingsford: At this time I'll open the Public Hearing and invite our Planning Administrator to speak first. ~- MERIDIAN CITY COUNCIL AUGUST 3, 1493 PAGE B Wayne Forrey, 5~ E. Franklin Rd., was sworn by the attorney. Forrey: The Department of Commerce has a successful block grant program that helps City's in a partnership with private industry solve infrastructure problems to help new business expand in the community. A gaod exasple of this is the Computrol Project. There was a situation where business needed infrastructure, sewer and water, the City felt that it was desirable to attract that industry into the community so there was a good partnership. That grant pt^ogram is still viable and the next application deadline is mid-August for funding considerations in September. It appears now that there is another opportunity similar to the Computrol project that is an opportunity for the City. It involved Checkmate Industries. They approached the City about four months ago and indicated that they would like to expand and identified a location in the Meridian area as a possible site for corporate expansion. They are currently an Idaho Industry with branch offices in Utah and Las Vegas and California. They've hired a local representative and he is here tonight. Like the Computrol Project there are some deficiencies. One of the areas they are looking at is in the Pine Street area just west of Locust Grove, near the Foreign Trade Zane. We need water in that area, we need trunk line sewer extended into that area and Pine Street needs to be upgraded. The Highway District is anticipating in the future putting some money into tl'ie Pine Street extension project. They have already started a study to look at the alignment with Executive and Eserald. <Further - see tape) Kingsford: Thank you. Anyone else to testify? Ron Walsh, 1~Qtf~t~ Fiddler, Boise, was sworn by the attorney. Walsh: I'm here tonight representing John Wasden, he's the President and CEO of Western Electronics Incorporated and that's a five state corporation. Gave brief history on company. Since we've started this facility research we had targeted a facility that would accommodate iiitm employees and since we've started this facility researchi the business has expanded to the extent that .just today we revised the facility and we're looking for 150 employees within two and a half years. We're a little different than Computrol as much as Computrol is a highly automated c®mpany that does basically the sa®e thing but uses a great degree of automation to do it. We use automation and hand assembly. SExplained further - see tape) ~ • MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 9 Kingsford: I had a meeting with John and Ron and it's an exciting venture. Thank you. Anyone else fro^ the public that would like to offer testimony on this issue? No response. I will close the public hearing. The Motion was made by Tolsma and seconded Yerrington to continue with the application for Checkmate through the Department of Commerce. Motion Carried: All Yea: ITEM #14: WATER AND SEWER DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P. M. 08-03-93 before the Mayor and City Council, to appear in person to be judged on facts and defend the clai® made by the City that your water, sewer, and trash bill is delinquent. You may retain Counsel. Is there anyone present who wishes to protest their water, sewer and trash delinquency? No response. This service will be discontinued on August iB, 1993 unless payment is received in full. The Motion was made by Tolsma and seconded by Corrie to approve of the turn off list. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by Fourth Judicial Court, pursuant to Idaho Code 67-501. Even though they appeal, their water will be shut off. The amount of the turn off list is ~ 13, 134. 3~. ITEM #15: APPROVE BILLS: The Motion was made by Tolsma and seconded by Yerrington to approve the bills. Motion Carried: All Yea: ITEM #16: DEPARTMENT REPORTS: Eng. Smith: I wanted to alert the Mayor and Council that our bid process is under way for our new pump and pump-house for Well #15, we'll open bids on August 13th for that project. • h9ERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 11~i Corrie: Is that going to help the Cherry Lane area with pressure? Eng. Smith: Well #1~ is back on line in the Cherry Lane area. #15 will be a high volume well and it should help pressure because it will help better establish a higher water level in the tank. Currie: They are really having some pressure p-^oblems out there. Eng. Smith: I wasn't aware of a problem. Kingsford: Thank you. ORDINANCE #611: VACATION OF EASEMENT FOR APPLEGATE SUBDIVISION: Kingsford: AN ORDINANCE RELEASING AND VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 394691, RECORDS OF ADA COUNTY, IDAHO, AND, A WATER LINE MAINTENANCE EASEMENT RECORDED AS INSTRUMENT NUMBER 76~Q12®4, RECORDS OF ADA COUNTY, IDAHO; AND, A WATER LINE EASEMENT RECORDED AS INSTRUMENT NUMBER 762095, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #611 read in it's entirety? No response. The Motion was made by Yerrington rules and provisions of 50-902 requiring that Ordinances be re dispensed with and that Ordinance Roll Call Vote: Yerrington - Absent; Tolsma - Yea; and seconded by Tols®a that the and all rules and provisions ad on three different days be #611 be passed and approved. Yea; Corrie - Yea; Giesler - Motion Carried: All Yea: Wayne Forrey: Development Fee Committee - we've had a number of good meetings. In the Comprehensive Plan that each of you have received there is a hand out, typed pages in the back that gives some information and recommendations from that Development Fee Committee and I encourage you to read that and look over those choices. Comprehensive Plan status - we've met our schedule and the draft plan is out. The Hearing is scheduled for August 10th with the Planning and Zoning Commission and then on September 7th with the City Council. • MER I D I Ahl C I TY COU{dC I L AUGUST ~, 1993 RAGE 11 Budget: We met today with Jo Bolen, the City's Auditor and we are starting to put some final touches on the draft budget package that we can get back to the Council. We're going to meet this Thursday ar~d I think maybe by Friday we'll have a draft budget that we can get to each Council Member and each Department Head as well. Sometimes when we're flying around and someone says is there anything I can do to help ared we sometimes say no, well in this case I said yes to a fellow, his name is Richard Jewell. At the time we were discussing parks and in the Comprehensive Plan, citiaens had identified an area out 6y the Waste Treatment Plant as a possible site for a regional park and Richard Jewell does a ]ot of land development work and his wife is with Boise City Parks Department so they carried that forward and did a layout and some conceptual ideas of how that property could be used. He's going to take a few minutes and present some ideas to the City Council. Richard Jewell: It's a pleasure and honor for me to be here. iRead and presented copies of a letter on park ideas - see tape) Discussion - ~tingsford: Thank you. I applaud Richard and Wayne's efforts on this. Yerrington: I'd like to reco®mend in the budgeting that we increase the salary of the Councilmen by ~1~-O.~D~ a month and our Mayor by 32Qt~1. PDT a month. The Motion was made by Yerrington and seconded by Tolsma to increase the Mayor' s salary by 'b~0Q1. ~~'1 and the Counci l by Motion Carried: All Yea: Corrie: I am working with tl they are wanting to do. subdivisions that are being all over the place. Perhaps or something to have these about where they are putting he Senior citiaens on tl I'm getting a lot of built and the trash is we may need to look at builders start being therAe stuff. ~ieir sign that calls about being thrown an Ordinance more cautious • MERIDIAN CITY COUNCIL AUGUST ~, 1993 p'AGE 1 Z • Kingsford: I've had some dialogue with some builders and they said in times like these if you did put a fine on it they wouldn't-care they would pay the fine and move along it's faster than picking up the trash. My suggestion would be, if you do such an Ordinance that it result in a red tag and then they don't move along and you'll get their attention a lot quicker. Corrie: I agree. Kingsford: Mr. Collins, you have something further? Dave Collins: Further on his request Item #11. A power of attorney was presented with his application. We felt that if that being done, this letter should go by the same power of attorney. We can get you another copy of the power of attorney but it's already been accepted by the City and he has been accepted as the legal representative for that parcel. The question of the deed restriction, there's not much chance that they'd want to put that on the property. You have an ordinance that says, when you develop, pipe your ditches. That' s a law, isn't it in Meridian? Why do we have to make that a deed restriction? We'd request that you reconsider the approval tonight and remove the deed restriction request. Crookston: The purpose of the deed restriction is to let any prospective buyer or the buyer know that that's there and that is a requirement for development of the property. What the Council is doing is in essence waiving the requirement that that be done now. Collins: Where in the annexation law is it required to be done upon annexation rather than on development? It's part of the Development and Subdivision Ordinance, Title 6, Chapter 9, Paragraph 6-9Q15M, it's in the developsent ordinance and it goes with the ground that when - it is also in that development ordinance the roads will be built to ACRD standards, you don't put a deed restriction on for that. If I had brought it in with a preliminary plat on both pieces it would have not beer required, correct? Crookston: That's true. 4Further explanation from Collins - see tape) i ~ MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 13 2Further Discussion - see tape) Kingsford: Does the Council wish to reconsider? Cowie: I think if the City Attorney recommends this that is what we should do. Collins: This is an individual supply ditch off the Onweiler. Explained flow of ditch. 4Further discussion - see tape) The Motion was made by Tolsma and seconded Yerrington to withdraw the requirement for deed restriction on the property far Lodlnsb1lry Subdivision. Motion Carried:. ~ Yea; 1 Nay; Kingsford: At this time I would like to appoint Charlie Rountree to the Transportation Advisory Committee to fill the vacancy that was created by Pete Michaelson. The Motion was made by Yerrington and seconded by Tolsma to approve of Charlie Rountree to serve on the Transportation Advisory Committee. Motion Carried: All Yea: Kingsford: I'd like to appoint William Berg Jr. to be our new City Clerk. The Motion was, made by Tolsma and seconded by Corrie to approve of the appointment of Willias Berg Jr. to the City Clerk position. Motion Carried: All yea: The Motion was made by Corrie and seconded by Yerrington to adjourn the meeting. Motion Carried: All Yea: • MIERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE 14 tTAPE OW FILE OF THESE PROCEEDINGS) • APPROVEDt NT P. KIN R , YOR ATTEST: WAYNE F REY, CITY CLERK clt AMENDED ORDINANCE NO. 607 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, 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 the said city to amend and change the zoning from R-4 Residential to R-8, for the following described parcel: A parcel of land lying in a portion of the NE 1/4 of Section 12, T.3N, R.1W, B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 7, T.3N, R.1E, B.M., Section 1 and the said Section 12; thence South 8949'10" East 672.71 feet along the said Northerly boundary of the NE 1/4 of Section 12 to an iron pin; thence South 017'50" East 40.00 feet to a 2-inch galvanized iron pipe marking a point of beginning of curve, said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins; Southwesterly along a curve to the left 31.42 feet, said curve having a central angle of 9000'00", a radius of 20.00 feet and a long chord of 28.28 feet bearing South 4449'10" West to a point of tangent; thence South 010'50" East 4.22 feet to a point of curve; thence Southeasterly along a curve to the left 205.24 feet, said curve having a central angle of 5243'25", a radius of 223.04 feet and a long chord of 198.08 feet bearing South 2632'33" East to a point of tangent; thence South 5254'15" East 46.74 feet to a point of curve; thence Southeasterly along a curve to the right 37.38 feet, said curve having a central angle of 931'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing South 4808'44" East to a point of ending of curve; thence North 8949'10" East 464.33 feet; thence South 4758'50" East 110.85 feet; thence North 8949'10" East 40.28 feet to a point on the centerline of 4th Street; thence South 022'10" East 788.17 feet along the said centerline of 4th Street; thence South 8958'10" West 158.95 feet; thence South 017'50" East 70.00 feet; thence South 8958'10" West 298.44 feet to a point on the Bank of the Hunter Lateral; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE PAGE 1 thence North 1823'22" West 1291.07 feet along the said Bank of the Hunter Lateral to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence North 8949'10" East 138.41 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 017'50" East 40.00 feet to the point of beginning. be, and the same is rezoned from R-4 Residential to R-8 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same; and the real property which is described as follows: A parcel of land lying in a portion of the NE 1/4 of Section 12, T.3N, R.1W, B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 6 7, T.3N, R.1E, B.M., Section 1 and the said Section 12; thence South 8949'10" East 672.71 feet along the said Northerly boundary of the NE 1/4 of Section 12 to an iron pin; thence South 017'50" East 40.00 feet to a 2-inch galvanized iron pipe marking the real point of beginning (initial point) of Midtown Square Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book of Plats at pages and , also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence North 017'50" West 40.00 feet to a point on the said Northerly boundary of the NE 1/4 of Section 12; thence along the following courses and distances to iron pins; North 8949'10" East 402.29 feet along the said Northerly boundary of the NE 1/4 of Section 12; thence South 017'50" East 48.78 feet; thence South 2924'05" East 161.59 feet; thence South 4758'50" East 156.60 feet to a point marking the Northeast corner of Lot 5 of Block 3 of the said Midtown Square Subdivision; thence along the Northerly boundary of the said Midtown Square Subdivision the following courses and distances; thence South 8949'10" West 464.33 feet to a point of beginning of curve; thence Northwesterly along a curve to the left 37.38 feet, said curve having a central angle of 931'03", a radius of 225.00 feet and a long chord of 37.33 feet bearing South 4808'44" West to a point of tangent; thence North 5254'15" East 46.74 feet; thence Northwesterly along a curve to the right 205.24 feet, said curve having a central angle of 5243'25" a radius of 223.04 and a long chord of 198.08 feet bearing North 2632'33" West to a point of tangent; thence North 010'50" West 4.22 feet to a point of curve; AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE PAGE 2 thence Northeasterly along a curve to the right 31.42 feet, said curve having a central angle of 9000'00", a radius of 20.00 feet and a long chord of 28.28 feet bearing North 4449'10" East to a point of ending of curve, also said point being the point of beginning. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amende to reflect the same. Section 2. That the Findings of Fact and Conclusions of law adopted by the City Council on the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the above described property and they shall be met. 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 2nd day of August, 1994. APPROVED: MAYOR - GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR., CITY CLERK AMENDED ORDINANCE/RICKS-MIDTOWN SQUARE PAGE 3