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HomeMy WebLinkAbout1995 11-21• ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 21, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 8, 1995: (APPROVED) PRESENTATION BY STATE ATTORNEY GENERAL ALAN LANCE: 2. TABLED NOVMEBER 8, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: (APPROVE AMENDED FINDINGS; CITY ATTORNEY TO PREPARE AN ORDINANCE) 3. TABLED NOVEMBER 8, 1995: CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: (TABLED UNTIL DECEMBER 5,1995 AT THE APPLICANT'S REQUEST) 4. TABLED NOVEMBER 8, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS N0.3 SUBDMSION: (TABLED UNTIL DECEMBER 5,1995 AT APPLICANT'S REQUEST) 5. TABLED NOVEMBER 8, 1995: ORDINANCE #718 - SALMON RAPIDS SUBDMSION N0.3 ANNEXATION: (TABLED UNTIL DECEMBER 5, 1995 AT APPLICANT'S REQUEST) 6. PUBLIC HEARING CONTINUED FROM NOVEMBER 8, 1995 MEETING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDMSION BY BRIGHTON CORPORATION: (DECISION NOT TO REQUIRE VARIANCE FROM PIPING REQUIREMENT) 7. ORDINANCE #719 - LANGLY 8~ ASSOCIATES ANNEXATION: (TABLED UNTTL DECEMBER 5, 1995) 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 30 ACRES TO C-G BY MICHAEL PRESTON: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAV1~ 9. PUBLIC HEARING: REQUEST FOR A VACATION OF AN EASMENT BY JEFF COFFER: (CONTINUE THE PUBLIC HEARING UNTIL • • 5, 1995 MEETING AT THE APPLICANT'S REQUEST) 10. PUBLIC HEARING: REQUEST FOR A VARIANCE TO ALLOW A BLOCK LENGTH OF MORE THAN 1000 FEET FOR SALMON RAPIDS SUBDMSION N0.3 BY FARWEST DEVELOPERS: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAVA) 11. PUBLIC HEARING: REQUEST FOR A VARIANCE TO OBTAIN A ONE YEAR EXTENSION ON THE FINAL PLAT FOR FIRELIGHT ESTATES SUBDIVISION BY FIRELIGHT ESTATES, LLC: (APPROVE FINDINGS; APPROVE DECISION TO GRANT ONE YEAR EXTENSION TO SEPTEMBER 6, 1996) 12. REQUEST FOR HOOKUP TO WATER SERVICE FOR SHERWIN-WILLIAMS WAREHOUSE BY JACKSON FOOD STORES:(APPROVED WITH CONDITIONS) 13. REQUEST FOR TIME EXTENSION ON FILING FINAL PLAT FOR HONOR PARK SUBDIVISION N0.3: (APPROVED) 14. NON-DEVELOPMENT AGREEMENT FOR HAVEN COVE NO. S SUBDMSION: (APPROVED) 15. DEPARTMENT REPORTS: A. CITY ATTORNEY: 1. HI-MICRO RESOLUTION: (APPROVED) 2. INDEMNIFICATION AND COMPENSATION AGREEMENT: (APPROVED) B. WALT MORROW, COUNCILMAN: 1. NEWSPAPER PUBLICATIONS: (CITY ATTORNEY TO DRAW UP AN ORDIANCE) C. MAYOR KINGSFORD: 1. ECONOMIC DEVELOPMENT CORPORATION APPOINTMENTS: (APPROVED) 2. PLANNING & ZONING COMMISSION APPOINTMENT -TIM HEPPER: (APPROVED) • • MERIDIAN CITY COUNCIL NOVEMBER 21, 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Max Yemngton, Walt Morrow, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Jim Babbitt, Chief Gordon, Dave Couch, Glenn Bentley, Morgan Plant, Raquel and Murray Hansen, Norm Brown, Elwood Rennison, Hoyt Michner, Allan Lance, Bill Quinn, Dave Turnbull, Marion Hansen, Michael Preston, Royland Doskeland, Ann Witherell, Jim Witherll, Marty Goldsmith, Steve Peterson, Date Binning: MINUTES OF PREVIOUS MEETING WELD NOVEMBER 8, 1995: Kingsford: Any corrections to those minutes? Yerrington: Mr. Mayor I would move for their approval. Tolsma: Second Ingsford: Moved by Max, second by Ron to approve the November 8 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: PRESENTATION BY STATE ATTORNEY GENERAL ALAN LANCE: Kngsford: It gives me great honor to welcome the distinguished Attorney General for the State of Idaho Mr. Alan Lance. Lance: Mr. Mayor, Council members, Wayne, Will, I have appeared before you on many occasions on a variety of different subjects. Generally they were controversial, hopefully this evening will be an exception to that track record. A few months ago the consumer protection division of the Attorney General's office filed a lawsuit alleging price fixing against Reebok sporting equipment company. The settlement agreement that was ultimately reached with Reebok provided approximately $32,000 to the State of Idaho. In keeping with my philosophy that the best government is that which is closer to the people. Rather than keeping the $32,000 and trying to figure how the State can spend it to benefit the citizens of the State of Idaho we decided to distribute it to communities throughout the State. Eight cities were selected for distribution, Meridian my home down happened to be one of those interestingly enough, but it is my pleasure to present to the Council and to the City of Meridian this evening a check in the sum amount of $4,012 which as I understand it will be used for your playground and sporting field facilities. It is really a pleasure to be here and Mr. Mayor do you want this or would you like me to give it to somebody we can Meridian City Council November 21, 1995 Page 2 trust? Ingsford: Of course I will take it, we never tum down cash. Thank you very much. I will give this to Mr. Berg so it is properly receipted. ITEM #2: TABLED NOVEMBER 8, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R~0 BY BILLY QUINN: Kingsford: Does the Council have questions with regard to that? Morrow: The legal description has been corrected as I understand it. Quinn: Yes sir. Kingsford: Other questions of Mr. Quinn? Morrow. I have none of Mr. Quinn, I would like to ask our staff both Gary and Shari if they are both totally satisfied at this point? Smith: Mr. Mayor and Council members, we did receive the revised legal descriptions and they were checked and found to comply with the requirements fior the annexation. Kingsford: Do you have any other comments on the annexation or proposal? Smith: No I don't Mr. Mayor. Kingsford: Shari? Stiles: Mr. Mayor and Council, I believe there was some reference to the R-20 did you get my memo dated November 3 that there was some confusion about the densities and what was surrounding and what had been approved there. I just wanted to make sure you had that memo. Kingsford: Has the Council seen that? Any question of Shari on that? Anything else Shari? Stiles: No Quinn: (Inaudible) Kingsford: That is up to the Council. Any other questions of the Council? • • Meridian City Council November 21, 1995 Page 3 Morrow: I have a question Mr. Mayor, the findings of fact and conclusions that we are dealing with are the ones that were dated October 17 in our packet, is that correct? Crookston: That is correct. Morrow: On page 14, item 17, this may be the item that Shari was referencing in terms of the confusion. It says that since the City has previously zoned property in the area to be R~0 but restricted development to R 20 there is a scratch out in mine indicating R-15. And then it says it is concluded that the Ciiy may take similar action in similar cases. In item 18, it again refers to that it is concluded that since the property is 2.3 acres in size to zone the property R-15 requiring a park or open space corridor is impractical. So what I am asking of the City Attorney is was the intent in these findings of fact to be R-15 and that is a typographical error? Crookston: The intent was in the statement to state R-20 meaning we don't have a zone that is called R-20 it is a referencing to 20 units per acre that is how I should have stated it rather than using R-20 because we do not have that zone. The idea was to allow the annexation but limit it in development to 20 units per acre which we have done in a previous annexation and zoning where the request was for R-40. Morrow: Then i have another question on page 16, under decision and recommendation it says that on the property to be zoned R-40 development shall not occur at a density greater than R-15. Are those two not in conflict with each other? Crookston: That is in conflict. That should be R-20 or 20 units per acre. Tolsma: On page 14, item 16, it says the request for the R-40 zoning was to avoid the requirement to have a park or open space corridor. Crookston: That is my understanding because in that zone in the R-15 zone you are required to have that open space or access to a park. Tolsma: So the R-40 zoning (inaudible) to bypass the park and the corridor (inaudible). Crookston: I don't know what the applicant's thinking was, but that is the end result of doing it that way. Having the request at R-40 and then ultimately saying you will zone it R-40 but you will limit development to 20 units per acre. Tolsma: So limit the development to R-20 Kingsford: Limit it. to 20 units. Any other questions? If it is your desire to approve of the • • Meridian City Council November 21, 1995 Page 4 findings of fact you need to amend page 16 and have it read 20 units rather than R-15 to be consistent. Morrow: Mr. Mayor, I would move that we amend the findings of fact and conclusions of law as follows on page 14, item 17 starting with R~0 but restricted to development of 20 units per acre comma. Also to amend the decision and recommendation on line ten that the development shall not occur at a density greater than 20 units per acre comma. Cowie: Second Kngsford: Moved by Walt, seconded by Bob to amend the findings of fact page 14, item 17 to say 20 units per acre comma and on page 16, line 10 to say 20 units per acre instead of R-15, roll call .vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor I would move that the City Council of the City of Meridian approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law including R-4 for the applicant's land that he desires to split off and including R-40 for the land other than the property for his house. He shall provide separate legal descriptions for his house and the property to be zoned R-4. That on the property to be zoned R-40 development shall not occur at a density greater than 20 units per acre. That the applicant and owners be specifically required to the all ditches, canals and watenarays as a condition of annexation. Applicant meet all of the ordinances of the City of Meridian specially including the development time requirements and entering into the required development agreement and the conditions of these findings of fact and conclusions of law. And if the conditions are not met the property be de-annexed. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: Ail Yea Crookston: Is it the Council's desire that I change the findings to meet as it was read? • Meridian City Council November 21, 1995 Page 5 U Kingsford: Do you need to do that or can we have them just (inaudible). Crookston: It is up to the Council. Kingsford: What is your decision Council, do you want those pages re-done? Morrow: I would prefer that from my standpoint. Kingsford: It looks like it is the will of the Council to have those re-done. Entertain a motion to have him prepare an ordinance. Yen'ington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City Attorney prepare the annexation and zoning ordinance for Billy Quinn, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED NOVEMBER 8, 1995: CONDITIONAL USE PERMIT FOF~ A FULL SERVICE RESTAURANT, LOUNGE, AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: Ingsford: We have a request for that to be tabled until the next meeting, is there a motion to that effect. Morrow: So moved Tolsma: Second Ingsford: Moved by Walt, second by Ron to table item 3 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED NOVEMBER 8, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS NO. 3 SUBDIVISION: Kingsford: Any questions of the Council on those amended findings? Meridian City Council November 21, 1995 Page 6 Crookston: Mr. Mayor, I had a request from Mr. Goldsmith to table those items 4 and 5. I just had delivered to me at 4:48 this afternoon some changes. I have not even looked at those. Mr. Goldsmith also requested that be tabled excuse me both items 4 and 5. Morrow: So moved Cowie: Second IGngsford: Moved by Walt, second by Bob to table items 4 and 5 Salmon Rapids issue, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING CONTINUED FROM THE NOVEMBER 8, 1995 MEETING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: At this time I will re-open that public hearing and invite anyone from the public that would wish to make comment on that. Mr. Tumbull, you did get a chance to speak before didn't you, you didn't? My apologies we always invite the owners or their designee to speak first. Dave Tumbull, 12301 W. Explorer Drive, Boise, was sworn by the City Attorney. Tumbull: Brighton Corporation here is on a variance application which actually we don't believe is necessary but it has been mandated by the City Staff. Brighton does not believe that a variance is required because because of the following reasons. Number 1 the drain in question the South Slough Stub does not fall on Brighton's property nor it is the border of Brighton property. The centerline of this ditch excuse me drain is some 20 feet from the western boundary of Brighton's Bedford Place project. The edge of the water is some 17 feet from the western boundary. Nampa Meridian Irrigation District does claim an easement running to the edge of the Brighton property. There is some, I guess there could be some discussion about where that easement actually runs because the legal description calls out an area 20 feet east of Centerline of the ditch and 30 feet west of centerline of the ditch. Now, that was done, I don't know when that drain was put in, it was many years ago and if that centerline should happen to move because of caving in on one side or the other I don't know that they can legally take additional ground just because the centerline of the ditch moves. But in any case neither Brighton Corporation nor any of the previous owners of the land in question every granted an easement to Nampa Meridian Irrigation District. It is pretty clear from the layout of the property that the irrigation district came in on the properly to the west and with that owners consent installed the drain. Like Meridian City Council November 21, 1995 Page 7 I said, in fact I had just point of clarification I will hand out a little bit of a graphic that can help you visualize what the situation is here. Kingsford: I have to tell you Dave, I looked at this and it confuses me. When I looked at the ditch I thought I knew what we were talking about. Turnbull: My drawing is not so good, is that what you are saying? Well, basically this shows the fence that we have installed on the western boundary of our property and it shows the easement 20 feet to centerline running east and then 30 feet from centerline running to the west. The maintenance access road for that drain is on the west side of the property. Also, regardless of whether the easement or where the easement exists, the easement is not the physical drain and those are not one in the same. Where as the claimed easement comprises a total of 50 feet the drain is obviously contained within a small portion of that easement. The second reason we don't believe that a variance is even necessary is this is a drain, it is not a ditch, lateral or canal as addressed in the ordinance. It serves the exclusive function of draining natural ground water from the surrounding areas. Such drains have been exempted from tiling ordinances in the past perhaps has natural waterways. But for whatever reason they have been exempted. The drain on the southern boundary of the neighboring Fothergill Subdivision is not piped although it carries significantly more water than the South Slough Stub that crosses Meridian Road in a 36 inch pipe which is less than the threshold of greater than 48 inches which has been adopted by Meridian City as a policy. Finally, if a variance were required we don't believe that tiling this drain, we believe that tiling this drain poses the threat of raising the ground water level in the area. There is at least one neighbor in the vicinity with the basement who would be impacted by a rising table. We do not believe it is sound public policy to jeopardize the surrounding properly owners with the potential of raising the ground water. I understand that this is the same issue as raised on the Waterbury Subdivision with the South Slough. There I believe one of the adjacent farmers understanding the purpose of the drain threatened that if some sort of action with that drain were tiled and the water level came as a result. Finally, Brighton Corporation in the preliminary plat process to fence this boundary and we have done so. I believe that should satisfy any safety concerns, I know that Shari in her comments brings up safety as an issue. If safety were a sole criteria or even a primary criteria I think it is hard to justify that when the drain such as the Fothergill Subdivision was left open. I understand that has been landscaped but still by inviting people along that drain including little toddlers those are really the ones that you are trying to protect and. if a little toddler went into that one I don't think they are going to come out any easier than any other drain. So, we think that what we have done by fencing off that area provides the safety that is needed and required obviously older kids are going to find water wherever it exists. Any kid that is big enough to vault a 6 foot fence is going to find water wherever he can. The South Slough Stub doesn't pose a danger to people of that ability. I would like to address any questions i • Meridian City Council November 21, 1995 Page 8 that the Council has. Kingsford: I would agree with you on most issues there Dave. I guess one of my major concerns is the long term maintenance of that ditch. How do you keep the weeds, they are virtually on your fence now. My concern is with fire hazard and so forth and transporting of weed seed and that sort of thing. Is there a vehicle through your covenants that might deal with keeping that ditch cleaned up a bit? Tumbull: I would be willing on that 3 or 4 foot strip there up against the fence to have a maintenance company as part of the common area maintenance agreement to go in and keep those weeds down if that eases your concern on that matter. I think that is a valid point. Kingsford: Any other questions of Mr. Tumbull? Morrow: I have a question with respect to that, maintenance, now who owns this ditch? Kngsford: Well, I would assume that the ditch is owned by Nampa Meridian, excuse me, they have an easement for it It is their drain, am I right there Gary, it is their easement, so it has to be their ditch? It is not deeded so it actually belongs to the people on the west in terms of title. Morrow: Would it not be their responsibility to keep the weeds clean? Kingsford: Nampa Meridian's or the owner. Morrow: Well, in our ditch ordinance, which I recognize that the people to the west are not within the City of Meridian, in our ditch ordinance it is a requirement of the property owner to keep the ditch clean to and through the property. This ditch clearly falls on their property the entire length. But if Nampa Meridian has a maintenance easement to maintain the ditch they not also have an obligation to keep the weeds and the fire hazard down in conjunction with the fence. Kingsford: I would think that they probably would, but the reality is that I doubt that ditch has been cleaned for the last 10 years. Mon-ow: That is why I am asking, I understand that from a practical standpoint, it hasn't been cleaned in probably 10 years and it is not kept clean on an annual basis, but if Nampa Meridian is the one that is responsible to serve that function it would be in the City's best interest to see that they start doing those things. The same is true of the railroad right of way. You have a 200 foot right of way that goes down through the City of Meridian City Council November 21, 1995 Page 9 L town and it nothing but a fire hazard year after year. Someday somebody is ultimately going to set the thing on fire and we have a one mile section of ground that bums because it is not kept in control in terms of the weeds. It looks to me like we need to be pressing forward with those issues even though they are public entities or semi or in the case of the rail road the private sector they need to be resppnsible citizens to the City of Meridian like our average citizens are. So, I can be sensitive to Mr. Tumbull having his maintenance company perform some maintenance and maybe that is ultimately what happens in the short term. It looks to me like we ought to start leaning on Nampa Meridian to accomplish that since it is their easement and apparently their ditch. Tumbull: Excuse me Mr. Mayor, Councilman Morrow, Nampa Meridian has acknowledged the need to come in there and do some maintenance work. They want to do that, this is a conversation they had with one of my fieldmen but, over where we are installing our pressurized irrigation facility there is a crossing of the Onweileer Lateral and it is time that crossing is re-done. They want to come in and do some maintenance, but I think the reality of it is that #hey are not real meticulous on some of those issues. So if it solved the fire hazard problem I would be willing to go in a couple times a year and chop down weeds and keep them down. Morrow: What about soil sterilents for that 4 feet next to that fence? Tumbull: That could welt be the right solution. ICngsford: Well, regardless of which avenue you take I think it is probably prudent for the safety of your subdivision that it might be best done in that maintenance agreement. Tumbull: I agree, and I did speak previously with my field man about sterilents and that is one way of solving the problem long tens. If that is not acceptable to the irrigation district we can go in and chop the weeds down if that is what it took. It is not that big of a deal. Cowie: Mr. Mayor, I have some questions of Dave, it looks like your 6 foot fence is right on your property line is that correct. The easement that you say they have, what happens if they come and clean this ditch out and they dig that out next to your fence and everything else starts falling into the ditch? If you are right up to that there is not a whole lot of land there. Is there a foot? Tumbull: No, there is 3 or 4 feet. Cowie: And then, if they do clean that out and they dig out of there and those fences aren't falling down then what are you going to do? Meridian City Council November 21, 1995 Page 1 p • Tumbull: Well, they would have some responsibility for maintaining the improvements on our property. Corrie: What about, there was something else that Shari mentioned here about if the variance is granted some lots will not meet the 6500 square foot area required in an R-8 zone. Tumbulll: I would like to address that, like I said Nampa Meridian claims an easement. Just because they claim it doesn't necessarily mean they have it. It was never granted to them by us or any of the previous property owners of our property. That is what is known as a taking and Government in order to effect a taking on our property would have to provide just compensation and there is no record in the title history of this property that any easement was every granted by the property owners previous to us to Nampa Meridian Irrigation. It is obvious to me that what happened was they came in they dealt with the property owners on the west side. They may have put that straight down the 20 foot centerline to begin with and other the 50 or 60 years that has been in existence there may be some shifting back and forth but I think that justifies any claim of easement on our property. Nevertheless if the Council had a concern about that t would ask one of two things. The obvious one would be a waiver of that requirement on maybe 2 or 3 lots on the very south end of the property that might be affected. The other option would be that we replat those lots with a lot line adjustment to another foot in width so that it goes up above the 6500 square foot minimum requirement again. Which I think is the more difFcult of the two solutions. 1 don'# see that it has any material impact on the Bedford Place pla# and the usability of those lots. Corrie: So you are going to put your 6 foot fence on the easement line, the 20 foot from the center of that ditch? Tumbull: On the property line. Corrie: So it would be less than the minimum 6500 if you did it that way. Turnbull: No, if we put the fence on the property line we have the 6500 square foot minimum. Kingsford: What Shari is suggesting there Mr. Corrie is that the fence that there may be a variance in some places inside of that fence. The fence is already erected on the property line and she is saying if you pull a tape from the centerline and the ditch isn't perfectly straight there could be some of those lots that perhaps the easement would go inside the fence. Meridian City Council November 21, 1995 Page 11 • Tumbull: Excuse me Mr. Mayor, I know I met out there with Walt and I think he probably agrees it would be fairly difficult to pin down where the centerline of that. Kingsford: We went out again this evening and looked at it, I think that is true. I think his map is fairly accurate there. I would be willing to bet that if you were reasonably close to the centerline of that ditch that the easement probably stops real close at the fence line in almost all instances down through there. Is that your feeling Mr. Morrow? Morrow. It is, and 1 guess my question would be that even if the easement came 6 or 8 or 10 inches or a foot within the fence, it is strictly and easement. That would not take away from the square footage requirement of the lot would it? Kingsford: Well, we have used the requirement that an easement can't be used in the minimum lot size in the past. Morrow: In this particular case what is the difference between this easement and the back lot easement that the telephone company, cable company and every utility user has? Kingsford: That is a valid point. Morrow: So I guess my observation of this particular situation is that the fence is on the property line. The property line appears to be straight, the intent of the ditch originally being (inaudible) appears to be straight. It is my feeling that the easement tine and the property line were probably meant to be the same line. From a layman's standpoint they appear to be and so I don't see where this property is affected by the ditch ordinance. Kingsford: Any other questions of the Council of Mr. Tumbull? David Couch, 395 East Ustick, was sworn by the City Attorney. Couch: I am the owner of the property to the west. I think Mr. Tumbull has done a very good job of explaining the facts, etc. I think that the only thing I wanted to go on record saying was strictly the safety hazard. He has basically already addressed that. My issue with the subdivision when it came in was that their would be toddlers that would make their way over to that slough. You guys observed tonight, it is probably 6 to 8 foot deep with very steep side walls. It reached, it was probably 4 to 6 feet deep this summer when it was blocked. The water coming in was exceeding the outflow. It caused some concern to the neighbors to the west of me. I think a perforated pipe would drain the water. That would be high ground water but I think my main concern is strictly the safety and the liability of the subdivision, the dogs, the children they will make their way to that slough one way or another. So, I basically just want to go on record stating about the safety hazard. By the • • Meridian City Council November 21, 1995 Page 12 way I am a surveyor and it would be very close to get to where centerline is on that measuring that easement. He is very close to his 20 feet. Kingsford: I guess as I looked at that, Dave, today, my concern is our legal ability to ask somebody to make improvements on something that they don't own at all or really don't have access to. (Inaudible) Couch: David and I had that discussion informally ourselves. Kingsford: Anyone else? Murray Hanson, 375 E. Ustick, was sworn by the City Attorney. Hanson: I am the property owner just to the west of Mr. Couch. My concern is that ditch or that slough is piped that will raise the ground water. We do have a basement and the basement is 42 inches below ground level. This past summer when that ditch did raise our basement did flood from the water seeping over from that ditch. It is interesting your brought up the point of maintenance of that ditch. In the eight years that we have lived there Nampa Meridian Irrigation District they have not maintained that ditch except when we called them because it was plugged and wasn't going under the road. They of course say that they had no fault with flooding because they did their job, it did not flood over the banks. I am really concerned that if it is piped that we will be flooded if the ground water raises. Kingsford: Any questions of Mr. Hanson? Thank you, anyone else from the public? Seeing none I will close the public hearing. This, Counselor, the first issue might be whether or not a variance is even warranted am I right there. Crookston: That certainly is a question for the council. If you determine that the variance is not required you do not need findings of fact. If you determine that the variance per our ordinance requires it to be piped than we do need findings of fact. Kingsford: I have been here way too long, I agree with you. Morrow: Mr. Mayor, I would move that a variance is not required of Bedford Place Subdivision and that Brighton Corporation because the ditch is not on their property. Yerrington: Second Kingsford: Moved by Walt, second by Max to not require a variance for Bedford Place Subdivision on the South Slough portion because the ditch does not fall on the applicant's • • Meridian City Council November 21, 1995 Page 13 property, all those in favor? Opposed? MOTION CARRIED: All Yea Turnbull: I would like to know if there is any clarification needed on the square footage requirement? Kingsford: There would be if in fact and our engineer will be checking if they do meet that minimum lot size from your fence property line there would not be a requirement for a variance. ITEM #7: ORDINANCE #719 - LANGLY & ASSOCIATES ANNEXATION: Crookston: Mr. Mayor, that ordinance has not been prepare because we do not have an accurate legal description from the applicant. It is my understanding that they are putting that together. Kingsford: I would entertain a motion to table ordinance #719. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to table Ordinance #719 until the December 5 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 30 ACRES TO C-G BY MICHAEL PRESTON: Ingsford: I am sure the public that has interest in this may wonder what is going on, when the Council dealt with this last time we had improper material. We were reading from one set of music was reading from another and I have no idea what the residents out there were reading. But Mr. Preston brought that back to the Council, the majority of them though that it would be appropriate to re-hear it. So at this time I will open that public hearing and invite Mr. Preston or his designee to begin. Michael Preston, 420 Bitterroot, Boise, was sworn by the City Attorney. Preston: Thank you for the introduction and I want to keep this brief, I don't want to go Meridian City Council November 21, 1995 Page 14 over the past, a lot of the things I said before I want to pretty much stay with the new stuff now realizing that when I was talking about my map you were looking at a different map than what I was talking about. The reasons for your denial part of the reasons for denial were that you did not have enough information. The Planning & Zoning Commission had the same concern about this property. Even though we are only asking for annexation and rezone and I submitted a conceptual plan a very conceptual plan they made the decision in that process that I needed additional information so I supplied that additional information and subsequently got their unanimous approval recommendation to you that we go ahead and annex and rezone this as per my request based on this plan. I just assumed that you had this plan but you didn't. The plan here shows all the building locations the uses, the landscaping, the proposed parking, and everything else about the project that I am proposing. There has been a lot of confusion, part of the statement in the findings that Mr. Preston agreed that he can postpone this and come back later or something along that line. The only, in my recollection of the record, I did say that I would hold back from my neighbors in directing roads to their properly because they came out in mass and said that didn't want to have anything to do with any kind of a commercial development. Well that was mistake so I clearly said I am going to revise it, pull the roads back so that I do not interfere with them. I thought I was doing them a favor that is why I did it, 1 was supplying them access and utilities but that is not what they wanted so this plan here clearly show that I have completely buffered my project from them. Now in relation to the Comprehensive Plan this entire layout is in conformance in my opinion with your comprehensive plan. C-G is very definitely one of the uses that is designated for this property. I was going to have Monty McClure, he hasn't' spoken here so I specifically requested that he come to let you know his feelings about this. He was going to but he had another meeting that he had to go to so he wrote a letter. If I might I would like to read his letter, it is very short and give it to you for the record. It is to the City Council, ICngsford: You can go ahead and read it so long as it is signed by him and then it will be acceptable for the record. Preston: Okay, Gentlemen, I am sorry that I cannot testify in person but I have a previous commitment tonight. I am writing this letter in support of Mr. Preston's request of zone change on my property from RT to C-G zone. When the Comprehensive Plan was written I discussed the proposal the proposed use mixed use with your Planner at the time Wayne Forrey. He told me that mixed use meant high density residential, commercial ar a combination of the two. I agreed with him, those uses were consistent with my belief of the highest and best use of this property. The plan as submitted is in conformance with the Comprehensive Plan as approved by the City of Meridian. I have owned the property for over 20 years and it was purchased for speculation to be sold when the time was right. The time is right, however, it cannot be sold as anything except a pasture without zoning that would allow it to be developed to its highest and best use. In talking with Mr. Preston, Meridian City Council November 21, 1995 Page 15 • Mr. Doskeland, they are serious about proceeding with the project that will put the property to beneficial use. Thank you for your time and again I am sorry that I couldn't be here in person to talk with you. Sincerely Monty McClure. I just wanted that of record because there have been some statements made and it is even still in the record that I didn't' even have an option with Mr. McClure, but I do and he is totally in favor of what we are proposing here. Another clarification I believe the Council was confused on and it must have been something that I said but this project that 1 show on this plan is to be a phased project. Most projects are phased I put on here what I in my opinion phase one would be something that could be developed right now. That was the professional office complex which is in the middle of the project. One of the reasons that I put this professional office complex here is to be a better neighbor and do a better job of buffering to the neighbors there is no quieter use, parks wouldn't even be, than a professional office complex because they have office type hours. They are gone on weekends so it is a very compatible use to residential neighbors. Plus then I can buffer it and put up a solid wall between them. I have committed at the past hearing that I would extend that masonry wall to Mr. Brown's property it is not shown on the map but I want it to be of record saying that I will do that because he wanted it. He, Mr. Brown is in favor I believe of this project if can give him some access back there. He wants access, I will commit to give him access on his property back there. But anyway, phase one is the commercial or the professional office complex The important part of this layout is this major collector street. This will be a sixty foot right of way, 41 foot back to back curb, gutter, sidewalk, landscaped both sides all the way through the center of this property in a north-south direction. This will be or could be a very important additional access to the existing commercial development that Mr. Nahas and Mr. Hon have out there that is filling up very rapidly. This will be a back entrance and it will allow traffic from Locust Grove if it goes over the over pass when it goes over the freeway I mean. (End of Tape) clearly indicates that I have in excess of your requirements for landscape. I wanted to do that. I have bicycle paths all the way around it, we concur totally with bringing the sewer and water to the property and we will, our first step of development will be to construct to prepare a plat showing tha# these individual parcels could be sold off, someone could buy this whole complex or individual lots, we will have a plat that allows them to do that as many developers in Meridian have already done, it is a standard procedure. We will develop the road and then starting marketing this project. As I told you at the last hearing we have done a lot of marketing but we can't get to first base to anyone without having the zoning. They all tell us get your zoning and come back and talk to us. We have a lot of interest in this property. One of the things that I want to add to this or two things actually, one is that I erroneously indicated that I thought the property along Franklin Road would be the very last and I show it five and six phase, the last phases. But the last to develop and the last to sell, I have a real estate marketer here to testify that i~ probably not true. He gets calls all the time for property along Franklin so it might go a lot quicker than I expected. So anyway the office complex, the flex space, which is office warehouse, the product supply area, those were • Meridian City Council November 21, 1995 Page 16 first, but this is a possibility too. We intend, if you annex and approve and rezone this property to immediately start developing this in 1996 as far as putting water, sewer, fire protection, major landscaping along the streets and so forth and marketing the pads. That is our plan, I am going to have Hoyt Michner testify as to what the interest might be along Franklin and Royland Doskeland who is a partner of mine in this venture to give just a very brief background of his involvement. Rather than stand here I do believe that this Council probably doesn't know me very well and needs to know me better. Rather than stand here blowing my hom as to how great a developer I am which you wouldn't believe anyway, I would advise you or request that you go out and see what I just got through doing. It tells the whole story, if you don't' like than I am not a good developer. If you think it is the nicest project in town, one of the nicest and maybe I am a good developer it is Kentucky Ridge Estates out off Victory Road between Kuna Meridian and Linder. It is about 99% done, it tells the story. I just invested a million dollars out there, it is selling very well now. That is really who I am and that is my project and I would expect #o do an equally as good job on this project. I am associating myself with people that know commercial very well. With that 1 would be very happy to answer any questions and then tum it over. Kingsford: Questions for Mr. Preston? Thank you Royland Doskeland, 10235 West Hensdale, Boise, was swom by the City Attomey. Doskeland: As Mike mentioned I have associated with him and this project and my background is I have been involved in real estate projects for many years. Investing, financing, developing, probably an excess of $100 million. I am excited about this property because I think Franklin is going to be a real key road and the people I have talked to we have quite a bit of interest but at the same time we also know they tell me well we don't know what they are going to do in Meridian. So, come and talk to us when they tell you what you are going to do with the property. So we are anxious to proceed with it. Commercial along Franklin I think make sense to everybody. I guess that is all. Kingsford: Any questions? Thank you Hoyt Mitchner, 7009 Bel Haven, Boise, was swom by the City Attomey. Mitchner: I guess what I wanted to present a little bit is just a short letter of opinion that I wrote up on the property and I have copies (inaudible). Basically Mitchner Investments has been in business for 20 years, I worked for my father Roger Mitchner, dealt with all kinds of clients, retail, office, industrial you name it we have located just about everybody one place or another one time or another in Boise. Meridian is really noticing a tremendous surge as you know, I don't have to tell you that. Everybody is looking over here, everybody is looking for land and existing buildings. They want it right now, if they can't • • Meridian City Council November 21, 1995 Page 17 find it right now that usually means buying land. There are not that many possibilities or that much for sale. So we have to I guess develop and establish subdivisions so these people can look and build their buildings over here and establish some new business and growth to keep up. We get calls not only on Meridian but Franklin, Fairview. I think Franklin has probably handled mare traffic this past couple years than 1 don't anybody really expected. The Highway Department is going to need to expand it and widen it, the traffic with the Eagle exit has really generated a great deal of flow coming in from Boise as people take the Eagle exit and heed into Meridian to different subdivisions. You can pretty much read the letters based on the opinion. We get calls weekly people looking, I want warehouse space right now what do you have in Meridian. You can show them about 1 or 2 projects and they have to decide whether they want that or #hey go build a new one. Then we go show them land for sale there are a few choices. Definitely the subdivisions are selling very fast, the Nahas project is selling very fact, the Yanke project on Locust Grove it is over half sold. So you can really see a tremendous need I guess for other possibilities for other tenants. That is about all I have to say, any questions? IUngsford: Any questions? Anyone else from the public? Ann Wetherell, 215 South Locust Grove Road, was sworn by the City Attorney. Wetherell: Gentlemen, this annexation has been denied and is now before on an appeal. An appeal means that there is a significant new information which can overturn your decision. A part of reconsideration is that Norm Brown as an affected party spoke in favor of the development. If so consider that Norm Brown is a former business partner with the developer and also be aware that Mr. Brown has is properly for sale and is moving. The other part of reconsideration is the plat. Over the past 18 months 8 affected parties who oppose the development have written about 50 pages of testimony single spaced. The Council and the Commisison have written 4 times that. The concerns all reduce tp four areas of serious concern. Serious because they regard legal liabilities. Number one, the Federally regulated corner, wetland and flood plain at Locust Grove and Franklin. This includes Council's previous prohibition of C-N retail on that comer, that is the gas station. Berming and transition to the adjoining R1 single family residence, this means landscaping facing outward. Irrigation water, in previous applications this developer has constantly platted buildings over ditches and easements. Number four the drinking water, this development sits immediately atop our water table and must affect our water. Now gentlemen look at the new information, the discovery on this plat. The gas station which you already denied is s#ill in the middle of the Federally regulated comer. Number 2 transition, once again is just a fence and the landscaping is still facing inward. Number 3, the irrigation district's ditches and easements once again are platted. About the only new discoveries a restaurant with a (inaudible) pumice factory and the cemetery. There are no new discovery here, there is no reason to over turn your previous rejection. For al • • Meridian City Council November 21, 1995 Page 18 the cities expense your time and ours not a single finding of fact issued to this developer over the last 18 months has been addressed in this application. Apparently he has not teamed that findings of fact are findings of fact. They are not suggestions. This is called a slow teaming curve. With slow learners you start all over and maybe the next time they will try to team. If you reject this of course he (inaudible) he always is. But it will cost him another $900 in change to start over. Perhaps when he pays enough application fees his cognition will improve. Thank you. Kingsford: Thank you, anyone else from the public? Jim Witherell, 215 South Locust Grove, was sworn by the City Attorney. Witherell: Gentlemen, it is good to see you again. I have talked with Commissioner Rountree with Planning and Zoning and my wife has talked with Councilman Corrie and I want to make sure we understand this. The action before you is just an annexation, basically it is just the go ahead for further planning and the commercial property taxes will be immediately assessed when the gavel falls and these will be assessed to the properly owner. I assume this is correct. The next step and this is important will be for him to file a preliminary plat. And at this point we can renew our battle or (inaudible) the project over the basis of water. Well, I am song I am mis-reading, we have to have a preliminary plat next. Under best circumstances this could take a year if things get ugly which this property does have a lot of problems with it, it could be two maybe so. If this is approved then the landscaping goes in first in its entirety and this requires bringing in the water half a mile at that time in order to water the plants, I assume this is correct. If this is approved then the spine road will follow, and if this is approved then every unit will then be subject to a conditional use and individually go through the review process again. Now, if this is correct, how do we come to the prospect of we are going to start developing this next summer. Now, about this road, I am confused on this because in the transcript of this last meeting Mr. Morrow is expressing some concern that it could be seven years before we see this development done. And actually I think it could be seven years before you see it begin. Because we are talking roads everything seems to be hinge on these roads and they have just said it here that ACRD is going to have to fix those roads. Franklin Road is not an urban arterial it is a Rural collector, they put out these long range maps which of course show it five lanes. But they have not intended use in the next five years to fund that or make any developments. In fact I was amazed to find out they don't' have any plans for it in the next ten years. With regard to Locust Grove going over the freeway, they have no plans for that at att. They were going to re-pave South Locust Grove within the next five years but the don't have the money for that now so it has been deferred. As far as that overpass that everybody is waiting for ACHD cannot build that. That belongs to the State Transportation Department, it is over an interstate. I checked with the Transportation Department District Three and they have not plans within the next 20 years to build an • Meridian City Council November 21, 1995 Page 19 • overpass there. Now, mind you things can always change they always come up with that caveat. But todays funding, you just built a power mall, they are going to start building the power mall and that shifted ACHD's funding. So logically we don't see anything happening on these roads for at least five years and that is local pressure. We want it fixed too it is a goat trail. But, there is not going to be the traffic if the issue here is traffic, don't wait for those roads to come. In fact I was told by the planner at the Transportation Department don't wait for it in my lifetime. If you wish to verify this about the overpass and the Transportation Department please contact Jeff Mites, I spoke with the transcriptionist, Miles at District Three Transportation Department. If you wish to verify with the ACRD, I will site Larry Zurek at ACRD. Thank you. Kingsford: Thank you, anyone else from the public? Morgan Plant, 300 South Locust Grove, was sworn by the City Attorney. Plant: I would propose that this entire zoning be rejected on the grounds that it is entirely too vague. It is the same battle that we have been putting up with Mr. Preston the previous times he has appeared before you. It is vague, the plan does not fit the area. If there is such a crying need for the commercial development he needs to look around back and forth east and west. From his viewpoint there is an abundance of commercial property ready to go. The roads are not and there is not dealing with the vagaries that we are dealing with here tonight. This looks like another great smoke screen and I would recommend that you reject it. Thank you. Kingsford: Anyone else from the public? Elwood Rennison, 990 Mustang Street, was sworn by the City Attorney. Rennison: I have been to several of the meetings here, most of them regarding this particular property. Tonight has been rather enlightening. I was rather under the impression that Mr. Preston had an ownership in the property. If I were the owner of the property I would certainly be down here representing my interests. The fact that the owner has never been here to any of the meetings and Mr. Preston has been representing him shows a lads of interest really wanting to sell the property and develop it. I think the whole thing from appearances and from what I have been listening to has been a pressure by Mr. Preston to have this property developed. Of course it is all for people to make money. It takes a lot of work to develop a piece of property that we all know. I came down to City Hall and I bought a zoning map. 1 took it and I drove around a good part of the town here and I did this about a year ago. I looked at the property that has been zoned for commercial development and I saw how much it was developed and how much it was still sitting basically idle. Gentlemen, there is a lot of land sitting around Meridian that is Meridian City Council November 21, 1995 Page 20 ~~ already zoned. I went around two weeks ago and I looked and I see that as we all have things are really starting to pop at the seams. It is getting exciting and it is getting stressful too for people. The excitement can be pretty overwhelming, I have a chance to make a development here now and 1 want to get it going. There is something to put a driving force into an individual or a firm to do a development. People are starting to do it all over town. I think that Meridian still has a great deal of zoned property available to be developed. Based on what I have seen and I would invite you to go out and look around and look also and I am sure you have this is your community and you are here, you have vested interest in it and everything. That you please take a look at what is available and what has been sitting around, its locations and how the development is going. After you have done that I would like you to consider rejecting the rezoning at this time on this piece of property because of all the various disciplines of involvement from all different sources. You have got the Five Mile Creek, you have the cemetery adjacent to it. You have the property owners adjacent to it, irrigation. You have so many different things involved in it I think it takes a lot of consideration. To do justice to it I think you need to reject this request for rezoning and please review it again and maybe you will have a little bit better chance to make a very just recommendation. That is all I have to say, thank you for listening to me. IGngsford: Anyone else from the public? Seeing none I will close the public hearing. What is your thought with regard to findings? (Inaudible) certainly the map that 1 had was different as I look at the testimony and the process. Do we need to have new findings? Crookston: I believe that we do, not only because of the map but because we are actually dealing with in essence a new matter as an appeal. It still is a request for annexation and zoning which the first one was also. I think that there are maybe a need for the Council to think about it some so I would request that the findings be asked to be developed and bring it up at the next meeting. Morrow: Mr. Mayor, I would move that we instruct the City Attomey to prepare a new set of findings and facts for the request of annexation and zoning of 30 acres to C-G by Michael Preston. Tolsma: Second IGngsford: Moved by Walt, second by Ron to have the City Attomey prepare new findings of fact and conclusions of law for the 30 acres to C-G by Michael Preston, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF AN EASEMENT BY r • Meridian City Council November 21, 1995 Page 21 JEFF COFFER: Kingsford: This has asked to be tabled although it was noticed for a public hearing. We will open the public hearing if there is anyone that wants to give testimony but it will be continued to the next meeting at the request of the applicant. At this time I will open that public hearing and invite the owner if he is here to speak first, if not anyone from the public that would like to offer testimony. Apparently no one interested in that item, I will then continue that to the next meeting held December 5. Entertain a motion from the Council to table that to that point. Yerrington: So moved Con-ie: Second Kingsford: Moved by Max, second by Bob to table the request for vacation of easement by Jeff Coffer to the December 5 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE TO ALLOW A BLOCK LENGTH OF MORE THAN 1000 FEET FOR SALMON RAPIDS SUBDIVISION NO.3 BY FARWEST DEVELOPERS: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attorney. Goldsmith: Mr. Mayor and Council members I am before you this evening asking for a variance on a block length of over 1000 feet in Salmon Rapids. The circumstances that surround this are that Kachina Estates surrounds Salmon Rapids and this is 5 acre pieces of property that Ada County Highway District has recognized and has asked us to not stub a street into them or we would gladly have done that. By stubbing a street into that block length it would have met your requirement. I have visited with the Fire Department and believe that they have, that we have their blessing on that and that their only recommendation is that we install adequate amount of fire hydrants. Kingsford: Any questions for Mr. Goldsmith? Morrow: So you say you have resolved the issue with respect to the number of fire hydrants? Meridian City Council November 21, 1995 Page 22 Kingsford: No, they have just said that they have, that he will have to meet what they term to be the set number I believe from this. Morrow: And that is in response to Chief Bowers Comment on his sheet? Goldsmith: Yes, we will meet his requirements and we will work with Gary Smith and make sure to meet your guys requirements as well. Walt, I don't know if he wanted any additional fire hydrants, if he does we can do that. Otherwise it is just standard spacing between fire hydrants. We do have a preliminary plat on that area. Morrow: Well to read his comment, his comment is that as long as Meridian Water Department puts in the correct number of hydrants exclamation point, exclamation point, Meridian Fire will not have a problem. So I think what he is trying to tell us is that we have a problem with that some time before and he doesn't want to see that (inaudible). Kingsford: I think clearly his comment needs an addendum, it is not Meridian Water Department but rather the developer we will have to put in that number. Any other questions of Mr. Goldsmith? Morrow: I have a question with respect to the block length, you indicated, according to this map that I have from, or the small map from Roylance and Associates you indicated in your testimony the reason that the block length is such is because of Kachina Estates. That isn't what is shown on this map, is this map correct. This is the block length that you are talking about here? Goldsmith: (Inaudible) Morrow: Is this not the one that is an issue? Goldsmith: (Inaudible) Corrie: You mean South Redside Street, being there cuts that block up. (Inaudible) this is the one that I thought it was (inaudible)1400 foot, this is not the one that you are talking about, it is this one over here? Kingsford: Mr. Smith, the variance request on block length which street does it deal with? Smith: Mr. Mayor as I understood the application it was the interior block parallel to the Eight Mile Lateral that was in excess of 1000 feet. The narrative that I read this evening that accompanied the application I think it referred to that block, block no. 3. r: Meridian City Council November 21, 1995 Page 23 Kingsford: It does, the request is for Velvet Falls Way. So that would render incorrect your comments about the abutting Kachina Estates. Goldsmith: Gary can you look at the map and help us which one. Kingsford: Marty, it is right here, (inaudible) (Discussion Inaudible) Kingsford: I guess that is the issues, Gary are you looking at the map? Smith: I am looking at a map yes sir. Kingsford: The street that goes between South Velvet Falls Ways and East Spring Bar Drive does that break that up so it is in fact, or are you talking about along Eight Mile on the back that requires it? Smith: That is the block that I was assuming the variance had been submitted for. On the east side of Velvet Falls Drive. Kingsford: So he is talking about the east side of that street. Smith: Those lots that back up to the Eight Mile Lateral. Kingsford: And that is what the request is for. Goldsmith: ~th regard to the Velvet Falls Road, it has been ACHD's requirement that we only have one crossing, they did not want two crossings on the Eight Mile Lateral. From what I am seeing that although those block lengths are broken up and that there isn't any exceeding 1000 foot is that what you are seeing as well that there wasn't even a variance required on those? Kingsford: What he is saying is if you will look at this map is this block on the east side here of East V®Ivet Way is in excess of the 1000 feet. So that is the request that you have made and we are acting on is the variance on that. Goldsmith: (inaudible) Kingsford: Looking at that map, Ron makes a good point Gary, what about the, as you follow that street around, East Lake Creek and so on, the exterior of that is a block all the way around it. There has to be 3000 or 4000 feet using that scenario. Again we get back Meridian City Council November 21, 1995 Page 24 to what constitutes a block. ~~ Smith: Mr. Mayor that is correct, but the application or the request for variance was filed for that length of block no. 3 that backs up to the Eight Mile Lateral and that is what we were responding to was that 1000 foot length. We continue to bump into this 1000 foot block length limitation on exterior boundary lots. In this particular case as Mr. Goldsmith stated we have a 5 acre subdivision adjacent to the boundaries of this thing that would make it a little difficult I suspect to stub roads into for any real purpose other than future resubdivision of a 5 acre lot which may or may not require a stub street. It is kind of a crap shoot on that part. Tolsma: Wouldn't it also then if it requires a variance against Eight Mile Lateral, require a variance on the other side also? Smith: Technically yes it would. Tolsma: On the Kachina Estates side and also on the East Lake Creek side too. Kingsford: I think Kachina goes all the way around. Tolsma: So you would have two variances then one for Lake Creek and South Redside Way also. Smith: Yes Kingsford: I guess a question Gary or Shari, did we institute this requirement for a variance or was that brought by their engineer? Who requested this be on for a variance? Stiles: I believe Bruce Freckleton made, just made the comment that the block length exceeded 1000 feet as part of his review of the plat. That is where it came from. Goldsmith: That is correct, we are responding to a comment trying to follow up. Kingsford; What is the Council's pleasure, Ron makes a good point if you are going to deal with it being a 1000 foot block length on one certainly it is on the other. Marty clearly began his remarks by beginning with the one that is even longer but that wasn't his application. Where do we head with those, what constitutes a block again. We have been over this at least all the time that I have been here. Morrow: I think from a practical standpoint from my perspective is that in terms of the exterior that borders Kachina Estates if you are going to go by lot and block description • Meridian City Council November 21, 1995 Page 25 and call it legal and call that what determines the length of a block then it is very simply a matter of breaking up those blocks into smaller blocks in terms of lot and block description. Clearly on a five acre subdivision that borders on the two sides it doesn't make any sense to have stub streets stick through there to something that may never be re-developed for the sake of the block argument. Common sense would indicate that it doesn't make a lot of sense to address that because there is nothing that can be done with that. In my mind and what I see of Mr. Roylance's engineering letter he is responding to an observation that was done by our staff and it would seem to me that the correctable issue or the variance issue would be the Velvet Falls Way that is in excess of the of 1400 feet. I guess what I would like to see is that Mr. Goldsmith has testified that apparently ACHD doesn't want another crossing of Eight Mile Creek, I'm sorry Eight Mile Lateral, but I would like to see that in writing from ACHD from my perspective. I think in terms of us we need to make a determination with respect to the exterior block and the block length. Really you could start that question clear up in those upper cul de sac's and come all the way around the entire perimeter, the outside perimeter of the subdivision. To me that doesn't make sense. So, I think we are dealing with the center section. And I think that before I would be willing to grant the variance I would want to see that ACRD says no there can't be a crossing. If there can't be a crossing this is the best layout then the variance proceeds ahead. Kingsford: And to extend just a little further on that Walt, I think this Council needs to do a little investigation make a determination on the exterior block length and come up with something that is concise so the staff knows what to deal with. Your point is correct, the entire north and west part of the south portion of that all one block. I have always maintained that if a street breaks on either side it changes the block and you saying change the designation may make some sense, I am not sure whether that is just confusing or what. I think we need to make a determination from a political standpoint as to what constitutes a block so our staff won't have to deal with that. Morrow: I can see that would be very tough because the surrounding properties to this were just raw agricultural ground but not a five acre tract then clearly they can require some stub streets. So how are we going to give them consistent guidance with respect to surrounding properties that are within the County and that may or may not be zoned and annexed within the City in the near term. Clearly a five acre tract subdivision is a different (inaudible) Ingsford: Well, I think you can do that simply by saying that if there is subdividable land and our ordinance already speaks to that issues that you shall not land lock them. Here Clearly we are not land locking and we can deal with that in that fashion. I think there is a lot of, we have already dealt with probably half a dozen parcels similar to that this year. That it wouldn't be difficult at least in my judgement to write an ordinance to that effect. • Meridian Ci#y Council November 21, 1995 Page 26 Morrow: Do we write it as an ordinance or as a guideline, a staff guideline. Kingsford: Either one, since we have an ordinance though that dictates the block length I would think that an ordinance would be most appropriate. Morrow: Well, maybe it is 1A giving some guidelines as to what the block length is. Kingsford: Could be. Any other comments of Mr. Goldsmith, 1 agree with Mr. Morrow, I would like to see that comment from ACHD that they don't want to see another crossing. Goldsmith: So we should be okay on the Kachina Estates Street and then on the other? It was Kachina Estates also that did not want these streets. Kingsford: I would suggest that probably even though the request is not there but since staff made a request on one that we treat them both at the same time and not require him to make another application. I do think we have to deal with both of those issues because they are one in the same. I think with regard to the testimony and the requirements though into the Kachina Estates side that logically I think we are in agreement that is not something that is something that is not prudent to necessarily plug a street into. Goldsmith: I originally did have two crossings in there and removed one per ACHD's comments. Kingsford: We would still like to see that. Goldsmith: That is not a problem I will produce that or ask them to. Ingsford: I can see way too many places in this city that just arbitrarily we have set stub streets and they've had barriers that are now fialling down. You don't have to walk very far in town to where you can count 20 or 30 of those things. Any other questions or comments to Mr. Goldsmith? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. Mr. Goldsmith you do have a request fqr a letter from ACHD on their request not to cross that. We would like that within the week or probably within the first of next week with the holiday. We will have to have findings for the next meeting. Yerrington: Shall we table it then? Kingsford: I think we can request findings of fact and conclusions based on receiving that. There was no other testimony. Meridian City Council November 21, 1995 Page 27 Tolsma: So moved Yerrington: Second C Kingsford: Moved by Ron, second by Max to have the attorney prepare findings of fact and conclusions of law on the variance for Marty Goldsmith, Salmon Rapids Subdivision block length, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A VARIANCE TO OBTAIN A ONE YEAR EXTENSION ON THE FINAL PLAT FOR FIRELIGHT ESTATES SUBDIVISION BY FIRELIGHT ESTATES, LLC: Kngsford: I would open the public hearing and invite the owner or his designee to speak first. Steven Peterson, 2401 South Apple, Boise, was sworn by the City Attorney. Peterson: Mr. Mayor and Council, I believe you have reviewed this issue. I won't go into the issues. The Planning Director Shari Stites has been helpful in this issue in recommending that this may be solved all in one night without doing findings of fact delayed until the next meeting. We have comments from the City Engineer, the police department, the fire department, the school district and Central District Health. 1 believe your have the application that explains the details so I won't go into that. If there are any questions I would be glad to answer those. Kingsford: Any questions of the Council? Morrow: Question with respect to Bill Henson's comments from Nampa Meridian Irrigation, it says telephone lines have already been installed in the easement of Nampa Meridian Irrigation Districts Nine Mile Drain. A license agreement is required and this has not been done. This must betaken care of before any further construction is started in Firelight. Can you comment on that for me please? Peterson: I can, that was done without our knowledge. The US West for some reason was putting a phone line in there without our knowledge and we found out and called them and halted their operation immediately. So we were unclear why they did that and stopped their operation. Kingsford: So that is unfinished? • Meridian City Council November 21, 1995 Page 28 Peterson: Yes Morrow: Have you made comment with Nampa Meridian to explain that to them? Peterson: I have not, and they have not been in contact with me. I can certainly take care of that. Morrow: Needless to say Nampa Meridian has made their comments to us that they want to see some action and it is contingent upon you (End of Tape) I have a couple of other questions with respect to your application. You are talking about, on page or item 15, the question is are there unusual or peculiar circumstances which indicate the regulation of the ordinance should not strictly be complied with. The answer is something that if when we purchase the property the final plat had been approved yet there was still some outstanding issues that needed to be resolved for example Meridian City requires us to change the water main from a 6 inch to an 8 inch, this took time for the engineers to complete and for the City to review all of which had to be completed before we could begin the recording process. I think that Mr. Freckleton has commented in his comments to us in terms of the packet. Peterson: That is right, he has included a letter. Morrow. That those things in fact were done based on my preliminary research it looks to me like our staff had given notice to then owners on March 27, it was completed and the plans received on July 13. If I understood your deed right here your title on the ground didn't pass until the 28 of July and was recorded August 2. So my point being it would appear to me that these things were done in fact before you owned the property. Peterson: That is correct, the request for the upsizing of the water line was made before we owned the property, that wasn't disclosed to us until after we had purchased the property. Morrow: But if Mr. Freckleton's scenario is right it had already been corrected in terms of the plans being received. Peterson: We authorized Hubble Engineering to upsize that water line, that is something that we had to do after we had purchased the property. When we purchased the final plat it was the six inch line it what was showing on the plat and then we did the upsizing of that. Morrow: You did that on July 13? ~ ~ Meridian City Council November 21, 1995 Page 29 Peterson: That is correct. Morrow: And then you purchased the property July 20 that is when title passed. Peterson: Well title passed from one of our, we purchased the property from the original land owners at the end of May and then that passed from one of our corporations to another development entity. So the final property owners now purchased from a property that was also one of our corporation if that makes sense. Morrow: So actually there has been 3 changes of hand in the course of Peterson: That is con'ect, two being the same entity just under a different development name. Morrow: Okay, thank you. Kingsford: Any other questions? Thank you. Anyone else from the public that would like to offer testimony on this issue. Seeing none I will close that public hearing. Counselor with regard to the applicant's comments of not necessarily needing findings and conclusions what is your opinion? Crookston: His comments are not addressed in the findings. You could address them tonight or you could ask me to change the findings either way. Cowie: So what we have here are the fill in the blank ones isn't it? Crookston: That is correct. Kingsford: Would you say though that there is a significant difference necessarily in his testimony attitude to what we have? Crookston: I don't believe that there is. Kingsford: Is the Council prepared to adopt the findings? Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as written for Firelight Estates, LLC and that the extension of one year to September 6, 1996 be granted. Yerrington: Second i Meridian City Council November 21, 1995 Page 30 C~ Kingsford: Moved by Walt, second by Max to approve of the findings of fact and conclusions of law as presented for Firelight Estates, LLC and extend the time period to September 6, 1996, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, the decision would be that it is decided that the variance from the 11- 9~0411 is hereby granted and the plat must be recorded on or be#ore September 6, 1996. That this is then an extension of approximately one year of the time requirements of 11-9- 60411. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST TO HOOK UP TO WATER SERVICE FOR SHERWIN-WILLIAMS WAREHOUSE BY JACKSON FOOD STORES: Kingsford: Does the Council have questions on that? Tolsma: Gary, (inaudible) water main out there (inaudible) 1500 gallons per minute? Smith: At this location, this building location? I believe that is a requirement by the Fire Department I am not positive of that. Tolsma: Do we have adequate capacity (inaudible) Smith: We will have, we don't have 1500 gallons per minute right now, no. Well No. 16 was just finaled this past week, last week. It is ready to be turned on, we have a couple of check valves to install in the system which will be initiated immediately. I think Bruce Stuart has the contractor selected and we will get those installed. That will isolate that northeast part of town and then Well No. 16 cah be turned on. With Well No. 10 we will have #hat flow available. Meridian City Council November 21, 1995 Page 31 Tolsma: (Inaudible) Kingsford: Any other questions of the Council? Is there a motion? Tolsma: Mr. Mayor, l would move that we grant the request for water hook up for Sherwin Williams paint warehouse by Jackson Food Stores. Morrow: Second Ingsford: Moved by Ron, second by Walt to allow Jackson Food Stores the hook up for Sherwin Williams warehouse, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13 REQUEST FOR TIME EXTENSION ON FILING FINAL PLAT FOR HONOR PARK SUBDIVISION NO. 3: Kingsford: Is that applicant here? Does the Council have any questions of staff? Shari did you speak to the applicant on this or Will? Stiles: Mr. Mayor and Council I did talk to Becky Bowcutt and they would like one year extension to file their final plat. This is one that has changed names several times and gone on for quite a while. I would like to know if I could make a request on the previous item. Kingsford: The applicant got up and left, what is your comment? Stiles: That they be annexed to the City of Meridian, that was the requirement for Pacific Water Works when they made a similar request. Ingsford: We have already missed on the building permit. Let's get the double hook up and then annex them. I was thinking the same thing, we missed a building permit I don't think it is inappropriate we hit them a double hook up fee for water and look at bringing them in wi#h the rest of that. Stiles: To force an annexation? Kingsford: When those other properties over there are annexed and Mr. Van Auker has already said that he is bringing adjacent properties in. I think we ought to look at annexing the same time. But I don't think it would hurt our coffers any to hit them with a double water hookup since we missed a building permit. I understand what you are coming from Meridian City Council November 21, 1995 Page 32 and that is a good point. Stiles: What incentive do they have to come into the City now. Morrow: I think clearly make it a requirement of when the annexation occurs over there that they are a part of that. Did we not when we authorized them to use the septic system indicate that they had to be annexed at the earliest possible minute and as soon as sewer service became available they had to hook up to sewer service. Kngsford: I am sure that is correct. Stiles: I didn't think Sherwin Williams was part of that request. Morrow. Well, it was part of the Jackson properties. If memory serves me that was part of the testimony and with respect to that area. Stites: Okay, I thought that was just part of the Van Auker. Kingsford: Well, given some of our review of minutes it probably wouldn't hurt to double up if we don't have it. Morrow: That they be annexed. Kingsford: That as soon as sewer is available that they be annexed. Morrow: I think my preference would be to do it sooner than that because clearly the annexation will come before the sewer is totally available in terms of my recent conversations with Mr. Van Auker. So I think I would like to see that as soon as that annexation begins to take place they be part of that. That everybody understand that as soon as sewer is available they hook onto sewer and that will reaffirm what I am under the impression we have already done. Kingsford: Well let's make that in the form of a motion and send that out as part of the minutes to the applicant. Crookston: Mr. Mayor, I think that you need to deal with Honor Park No. 3 and then go back to the Jackson Food agenda item. Kingsford: There was a motion right, Walt you made that motion didn't you? Morrow: I did • Meridian City Council November 21, 1995 Page 33 Kingsford: Is there a second? Yerrington: Second J Kingsford: Moved by Walt, second by Max to require that the Sherwin Williams store be annexed as a condition to this water hook as soon as either the adjacent properties are annexed or when sewer is there which ever is first, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now we will move onto Honor Park subdivision. Morrow: Point of clamcation. I thought that the motion included that sewer be hooked up to as soon as available also as a reaffirming of what we had done before. Kingsford: Okay, is that agreeable on the second? Yerrington: Yes Kingsford: Does that change any votes, all still in favor? Okay thank you. The extension then on Honor Park, do you have anything to add now that you have (inaudible) Shari? Stiles: No I do not. Kingsford: Is there a motion then to extend one year the final plat on Honor Park Subdivision. Yerrington: So moved Morrow: Second Ingsford: Moved by Max, second by Walt to extend for one year the filing of final plat for Honor Park Subdivision No. 3 all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: NON-DEVELOPMENT AGREEMENT FOR HAVEN COVE NO. 5 SUBDIVISION: Kingsford: Does the Council have questions on that? i Meridian City Council November 21, 1995 Page 34 Morrow: I think my question is didn't we just have something to deal with Haven Cove No. 5 last meeting? Crookston: Yes, they filed an amendment on the plat. Morrow: So, what sequence does this work in, do we give it anon-development agreement before we do the amended plat? (Inaudible) does that stop everything that has gone on before? Crookston: It does, I think that there is a possible problem with the development agreement because it references certain lots and calls those out but there is no plat recorded. It does then say that those lots are described in a meets and bounds description. It is my understanding that we do not have a meets and bounds description attached to the agreement. Shari, did you see a meets and bounds attached to that non-development agreement? Smith: Wayne, I did receive that meets and bounds. Crookston: So if the Council desires to act on it, I believe and I indicated to Gary that they could do it by a meets and bounds description rather than using the lot numbers because there are in fact no legal lot numbers because the plat has not been recorded. It can proceed on the basis of meets and grounds description if it is attached to the agreement. Tolsma: Wayne, there is an amended preliminary plat for Haven Cove No. 5 that just come from P & Z that P 8 Z had at their last meeting that will probably be down here in 30 days. So this non-development agreement is going to be in effect until this preliminary plat gets back to us then? IGngsford: No, it would be ongoing. At issue is we can act on it on the basis of a meets and bounds description rather than waiting for that plat to come in and possibly be approved and then designate it by lot and block. This meets and bounds would still be in effect through the duration of the non-development agreement. Morrow: My question would be if we do that then would that not stop the forward motion of that preliminary plat. IGngsford: Oh no, you could still act on the plat, it would just mean that portion of the plat that is covered by the meets and bounds description couldn't be developed. Crookston: That is correct, what has gone on with the amendment of the plat is in fact an amendment of the plat because we have already dealt with that and what t hey are doing • Meridian City Council November 21, 1995 Page 35 • is including the Eddy property as part of the plat, is that not correct Mrs. Eddy. (Inaudible) Crookston: Your property then is included in Haven Cove No. 6? Smith: Mr. Mayor and Council members, maybe I could back up and run back through the sequence of events on Haven Cove. Haven Cove No. 5 plat has been approved by the Council as a final plat. That is for the total parcel of property from the existing boundary of Haven Cove No. 4 to Pine Street, 20 acres I believe. That has received final approval, development plans have been prepared by an engineer, submitted to the Public Works Department and they have been basically approved with some modifications requested. As Councilman Tolsma mentioned Planning and Zoning at their last meeting heard or held a public hearing on an amendment to Haven Cove's plat which basically involves the portion of Haven Cove No. 5 that the applicant is requesting anon-development agreement on. The remaining portion of Haven Cove No. 5 will remain as it has been approved by you in the amended plat. That portion will not change. The only portion that will change of Haven Cove No. 5 in the amended plat submittal is the portion that is being requested for the non-development agreement. As Wayne mentioned that plat no. 5 is a norl-recorded plat therefore those lots do not ofFcially exist and that is the reason for the reference to the lots by tot and block but also the inclusion of a meets and bounds description of the land that will not be developed. As part of that non-development agreement, the applicant has agreed that if he is not successful in obtaining an approval on this amendment to the plat they will prior to recording of the plat extend the access and water service to Pine. So that northerly portion of Haven Cove No. 5 will have access to Pine Street, will have water service to Pine Street. The reason for all of this as you are probably wondering is to allow the applicant this winter to begin construction of sewer and water lines in the northerly portion of the subdivision and during the process of the resubmittal of the amended plat. So that he has a little bit of a jump on having his construction completed by next Spring or at least finishing up early in next Spring. But if you read the paragraph I assume that you have read it in that development agreement copy there is a paragraph that is pretty explicit about what he will do in order to provide that this subdivision is a completed subdivision if he is not successful in obtaining approval for the amendment that he has proposed. Kingsford: Is the Council clear on that, are there any other questions of staff? Morrow: Was that the Reader's Digest Version of this deal. Smith: It is a little foggy I agree with ypu. We kind of fashioned language between Wayne and I that we put into this non~levelopment agreement so that we did hold the Developers Meridian City Council November 21, 1995 Page 36 • feet to the fire and make sure that we are going to retain the plat in house. He is not going fo have the plat, the mylars. Morrow: So what is the benefit here to us as a City and a benefit to him as a developer? Smith: I don't think there is really any benefit as far as the City is concerned. The benefit is to the developer in that he has an opportunity to begin his construction on the northerly portion, the sewer and water line construction on the northerly portion of this subdivision this winter and get those water and sewer lines installed during a season I guess when not much else is going on. So that when Spring time breaks he can complete the job to connect it to either Pine Street or through the small plat that Tom and Betty Eddy have submitted Haven Cove No. 6 which will connect it by access and by water tp Haven Cove No. 4. Morrow: Let me ask you this then, is the net effect of what we are doing here really is making it two phases out of one plat, is that really what is going on? Smith: Yes Kingsford: I would entertain a motion to approve of the non-development agreement for Haven Cove No. 5 Subdivision. Morrow: So moved Tolsma: Second Kngsford: Moved by Walt, second by Ron to approve of the non-development agreement for Haven Cove Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: DEPARTMENT REPORTS: Kingsford: Lt. Bowman? Gary? Shari, would you introduce your cohort? Stiles: Thank you Mayor and Council, I am very proud to introduce Jim Rabbitt, he comes from the University of California with a bachelors in Political Science and Psychology and is now working at Boise State towards his masters in Public Administration. Ithink we are very fortunate to get him and he is excited. If you expect those ordinances to be enforced it is going to be (inaudible) because he is ready. Meridian City Council November 21, 1995 Page 37 Kingsford: Anything else? Counselor? • Crookston: Yes, I would like to bring to the Council's attention and action on Hi-Micro Tools, the development corporation met last night and passed the inducement resolution and the indemnification and compensation agreement. If it is the Council's desire those two items need to be passed and approved by the City Council. If you want me to explain them I will. Kingsford: Those of you that are newer than the last six years we haven't done one of these for some time. The Economic Development Corporation for the City of Meridian was setup so as we could meet State Law and issue industrial revenue bonds. It gives them the applicant a more favorable interest rate. Mr. Newberry has twice now come to the City prior for industrial revenue bonds. Has expanded twice and now this is a third expansion as the resolution shows. I think the Council also got the application this they not. Maybe that was just the board then that got them. But at any rate he is requesting $4 million for expansion and building purchase of equipment and rolling over existing debt in the first bond and for some salary I believe or equipment. It is first off a requirement that the applicant indemnify the City so there is not financial obligation back to the City. We can issue those through the corporation with indemnification if they can't come back (inaudible) so that is the purpose of the indemnification and compensation we require that they pay the City a fee so as to handle our audit. That fee has been penciled in and the original here for $500. Typically that has easily covered our audit expenses. Crookston: Excuse Mr. Mayor, the $500 is the application fee. Kingsford: Excuse me there is a percentage on the audit fee I am sorry. Crookston: There is a percentage but that is maxed out at not more than $1000 that is the administrative fee. Ingsford: That is on page 2, thank you. Any questions the Council may have? Let's take them separately. In the resolution we still have a typo the amount in there is $5 million and up to, so that is alright. The resolution neither Wayne nor Will were able to have the time today to ascertain what the number was. So we would approve of the resolution for Hi- Micro Tool and they will put in the proper numbering in. So let's move on the resolution first. Morrow: So moved Cowie: Second • • Meridian City Council November 21, 1995 Page 38 Kingsford: Moved by Walt, second by Bob to approve of the resolution for industrial revenue bonds for Hi-Micro Tool, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We need a motion on the indemnification compensation agreement. Morrow: So moved Cowie: Second Ingsford: Moved by Walt, second by Bob to approve of the indemnification compensation agreement for Hi Micro Tool all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I have a question of Will, if we meet our publishing requirements. Crookston: Yes, I inquired of Rick Skinner who is the bond counsel on this matter. I asked him about its publication and he said there does not need to be a publication for adoption of these matters. He said that there will need to be a public hearing before the City Council prior to the final documents and the issuance of the bond. Kingsford: While we are on that counselor if you wouldn't mind let me fall back to the board of directors. We are in a rear on re-appointments of those people. The code does state though that they serve until they have been replaced. So we were alright with that meeting. I would like to make the following appointments for the Economic Development Corporation. And acknowledging that in our bylaws that automatically the Mayor is the President of that Corporation and automatically the President of the Council is the Secretary of that Corporation and would make these appointments with confirmation of the Council. Wally Lovan to have a term that runs through March of ~, that Walt Morrow have a term that runs through March of 97, and that Dr. Tom Hammonds have a term that runs thorugh March of 98. And advisor, those are 3 year terms in that stagger, advisors to the board are the City Attorney and the City Clerk. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of my appointments for the Economic Development Corporation board members, all those in favor? Opposed? • Meridian City Council November 21, 1995 Page 39 MOTION CARRIED: All Yea Kingsford: Thank you, anything else Wayne? Crookston: No Mr. Mayor. Kingsford: Mr. Morrow? :J Morrow: A couple of things. One is that in our box there was a letter to the editor, Mr. Rogers responding or indicating that in terms of our approval of the power mall. I just wanted to point out a couple of discrepancies there with respect to that the Council will be aware of. One is that Ada County Highway District did not change from 5 lanes to 3 lanes having anything at ail to do with the power mall. What happened with that section of Overland between Five Mile and Cloverdale that was approved over our objections at the expense of Franklin Road, Waltman Lane and East First. The issue clearly was there that the City of Boise wants to put a sewer line down through that section of Overland and that they had requested ACRD to expand that portion of the road so that they didn't have to spend $75,000 in temporary asphalt. The Citizens Advisory Committee to ACHD voted in favor of our project, the two County Commissioners and Boise City wrote fetters requesting the Commissioners #o reinstate this project ahead of our project. So what the Commission did in terms of the budget for fiscal 95/96 was that they approved the widening to three lanes not five lanes to accommodate Boise City in their sewer line expansion in that area. The information that Mr. Rogers wrote in that letter to the editor is incorrect information. The second point being is that we did in the findings of fact and conclusions talk about hydrology studies and monitoring wells not nearly to the extent that Mr. Rogers indicated in his testimony that he would have liked to have seen. So, that was a point of clarification so that you guys and the general public can understand that the road change on Overland Road had nothing at all to do with either our actions or anybody else's actions relating to the power mall. Second item Kingsford: Of course your comments will dully be noted in the paper. Morrow: I am sure they will as well as we took some hits in the recent past in terms of not recruiting commercial and industrial stuff and most of those people giving us hits had no knowledge at all of the economic development corporation nor (inaudible). Obviously the paper is not here tonight to understand that this process is going to mean 24, 25 more jobs to the City of Meridian and it is something that we have done in total anonymity again and so that is an unfortunate deal also. Second thing is the strategic planning meeting a week from tonight. The topics we will covering is a meeting with the school board, Will you confirmed that Mr. Carbury and Mr. Haily will be at that meeting. We will talk about impact fees and where we are at with the status of that ordinance. And then we will talk about job ~~ Meridian City Council November 21, 1995 Page 40 .7 descriptions and salary levels as an appendix to the personnel manual. The final item and it is in regard to our conversation last night with the publishing requirements for this. In our ordinances in the City we clearly spell out that the Valley Times is to be the official newspaper which precludes us from using somebody else to publish publications of legal notices. It would be my desire in terms of these kinds of things to speed up the process to modify that ordinance to allow us to use other publications within Ada County as being acceptable published legal notices. From that standpoint and the second standpoint is that we have taken some criticism in the recent past for sweetheart deals. This clearly is a sweetheart deal in terms of naming one newspaper to receive publication and it is a weekly newspaper at that. It seems to me that it would make some sense to broaden that ordinance to allow a daily newspaper that has a large circulation within our community to be used as publishing for legal notices. 1 throw that out for discussion by the Council. Yerrington: Is it true the rates that the paper charges is the same regardless of which paper prints it? Kingsford: I think that is State code yes. Yerrington: I other words the Statesman even though it goes to a lot more people will not be any more money. Ingsford: Correct for public notices. There have been times that it would constitute being able to get it on a one meeting earlier agenda either at P & Z or at the Council. Other discussion of the Council? Cowie: Mr. Mayor, would you then eliminate the Valley News entirely. Ingsford: I think Walt is saying just open it up to where we could put it in a daily paper if need be so that we could expedite those meetings. Morrow: I am saying open it up and do away with the named monopoly that currently we can publish nowhere but the Valley News. That seems to me that given the volume of business that we are beginning to do given the change and given the criticisms of this City in recent past that it no longer makes sense to do that. Kingsford: Any other discussion? (Inaudible) Ingsford: Mull it over, digest it, regurgitate it and bring it back up at the next meeting. If it is your desire than I think it requires an ordinance. We by ordinance now have • Meridian City Council November 21, 1995 Page 41 designated the Valley News, have we not? Crookston: That is correct. Kingsford: So it would require an ordinance. Crookston: If you want to change. • Yerrington: Just make an amendment to the ordinance can't we? Crookston: It requires an ordinance to change it. (Inaudible) Kingsford: Whatever the Council's pleasure is. Yen-ington: I would move that we direct the attorney to draw up a new ordinance stating this. Ingsford: And you are stating that it could be either the Valley News or a daily newspaper in Ada County. Morrow: Or it could be a newspaper in Ada County are regularly circulated paper in Ada County. I don't know that you have to spell out by name papers that are acceptable unless you wanted to list. Ingsford: I guess what you are saying is that if you state it in the way that you have the only one that is a daily newspaper is the Statesman. If you say a daily newspaper that is circulated in this are then you would be including the Nampa paper. Morrow: And I don't know that I object to that. The very clear (inaudible) and the final point of argument would be what if the Valley Newspaper shuts its doors tomorrow. By ordinance we can't publish any place else until we change the ordinance we don't, how do we get to where we want to be Wayne is the question? Crookston: Well I am not sure exactly how the Nampa paper, I don't know how many people take the Nampa paper. I think you have to Yerrington: Probably more than takes the Valley News Valley News only has 600 circulation in the City. Meridian City Council November 21, 1995 Page 42 Crookston: I don't know how many people take it weekly. I don't know how many people take the Nampa paper. I think it would be reasonable at least to find out what land of circulation, whatever papers you are going to use have in this area I think that just for purposes of notice that may make some sense to compare that at least. The Valley News was when we put that ordinance in effect it was the and is now the only paper that is published in Meridian. I think those are things that you need to consider particularly the. Kingsford: I think what I am hearing Walt say is not that we don't want to utilize the Valley News in any stretch but if we are going to be into the 21st Century here and be able to make decisions at a little faster rate and move things along at a faster clip then we need to from time to time use a daily newspaper or have the ability to. Are you suggesting that in that ordinance would have to be designated by name or could it just. I have a little problem by just saying another newspaper. l think that citizenry has a right to know where they might look for legal notices. Crookston: If you are going to change I think that is very appropriate. So that people are put on notice that (inaudible). Morrow: I think that is fair, I agree with that, I don't have a problem with that. Kingsford: I was fouling up Robert's rules pretty badly, I had a motion and not a second and we were discussing it. But Max's motion was something along the lines I move we do it and I wasn't clear on what we were going to do. Yerrington: My motion still stands or dies for lack of a second. Morrow: So would you review the motion then Mr. Mayor? Kingsford: Max's motion was that we adopt an ordinance to do that, we are clear on that motion. I think I would like a clearer motion if that is possible please. Yerrington: I think we should either look into the Statesman or Idaho Free Press to see what their circulation is into this area. We can call them in the morning and find out. Morrow: I think clearly the issue is that if you are going to name newspapers, you can add the Idaho Free Press later but clearly right now the Statesman has a substantial circulation in this area. It is fair in terms of our citizens to expect them to be able to easily find a Statesman and look up what it is they want to look up. I am not aware that the free press is sold or easily obtainable to the average citizen. Ingsford: It is in the boxes on the streets and they are delivering it. I don't know what the • • Meridian City Council November 21, 1995 Page 43 volume is that they are delivering. So is your motion then Max to have it be either the Valley News or the Statesman at this point? Yerrington: Right Kingsford: Is there a second? Morrow: Second Kingsford: Moved by Max, second by Walt to change our ordinance to incorporate publication either in the Valley News or the Statesman, discussion? Corrie: Yes, how much time do you think we are going to save by doing this? Morrow: Well, Bob, in some cases you can save from 2 weeks to 30 days depending on the rotation whether it is P & Z hearing or a City Council issue or with respect to the inducement of bonds. Ingsford: There have been numerous times we have slipped a full month at P & Z by not meeting the publication deadline. Con-ie: (Inaudible) Morrow: And even with us every two weeks. Ingsford: We have had a fall back of two weeks numerous times. The big one has always been P 8~ Z (inaudible). Any further discussion? Aware of the motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Walt? Question Wayne? Crookston: I just had one, as far as preparation of the ordinance how are we going to determine which paper to use? Ingsford: Well, I would suggest that you probably stay with the Statesman for most things unless you designate otherwise. Or you, if you designate any one of them. Morrow: That easily could be a determination made by the City Clerk who publishes and sends those publications out based on the deadlines. For example in terms of these things Meridian City Council November 21, 1995 Page 44 that we had to have this right of way we couldn't have had it. We could have (inaudible) we need it published within in 7 days and (inaudible) submit it to the Statesman tomonow morning. Cowie: Mr. Mayor, I have a problem with that because you have 2 papers involved now. Where are the people going to go either the Valley News or the Statesman. If we make the Statesman the official paper then the Valley News is not going to be the paper. You are saying now that if you put it in the Statesman it is not going to go in that one so where are the people going to look there are here. So the people are really going to get confused which is the paper. Morrow: The paper is either or Bob. Cowie: That is what I am saying, are we going to confuse the public. Is that our purpose to confuse the public where these notices are going into. It may save us some time but is it going to confuse the public. If it confuses the public than I am not for it. Morrow. I think clearly the is issue is it doesn't confuse the public from the standpoint that there are other entities that require publication in multiple numbers of papers, two or more, maybe three so that you have your choice as a taxpayer of finding that publication in any of the three. I think clearly that everytime I have been involved in that from the time of the taxpayer the indication by the entity is that we publish in papers 1, 2 and 3 and it is your obligation to find that. And so off you go. Come: I don't like that, I don't like that. I think that we should make it as easy as possible for the public to know what we are doing and if all we are doing is confusing the public of if it is going to be in one paper or it is going to be in the other so you have it in one or the other. As far as I am concerned you are confusing the public here. If I am looking at, if I have been used at to looking at the Valley News for my statements and than all the sudden I have to look in the Valley News or I can look in the Statesman. If it is in the Statesman and not in the Valley News than as far as I am concerned i have to go back and forth and take both papers. Because if it is not in the Valley News it is in the Statesman and I don't take the Statesman I don't have a publication so I have to take two papers. Morrow: Well clearly Bob the issue is that the circulation of the Valley News within the City limits is 6U0 homes (inaudible) Cowie: I don't object to that but I am just saying you can't have it in both papers. FCngsford: Well, point of clamcation Bob, what was your vote, were you thinking you were voting to switch to the Statesman than? • • Meridian City Council November 21, 1995 Page 45 Corrie: Well, that is what I was thinking, it has to be one or the other. You are going to confuse the people (inaudible) have it in the Statesman at one time and the you are going got have it in the Valley News another time. If people are going to do that they have to take both paper to really get what the hell is happening down here. i really think we should not be trying to confuse the public in notifications. If we make it one or the other that is fine I have no objections to that but let's don't confuse the issue of having one or the other or both because just to have us save some time it goes in the Statesman and the Valley News doesn't have it, so the people (inaudible) not in the Valley News so it must not be coming up. We can post it down here but how many come down here and look at it. Kingsford: We have had that confusion already, We have had a lot of people come in and testify that they don't take the Valley News (inaudible) but you make a good point. What is your reaction Counselor. Do you think, what is the protocol (inaudible) can you designate new papers and publish it in either or, what has been the history. Crookston: I have not dealt with that issue before. Kingsford: Well maybe it would be a good idea to check around. Coeur d'Alene, Post Falls, do they publish in the Spokesman Review or do they publish only in their own papers. Perhaps Lewiston, Moscow some of those surrounding cities. You might check with AIC. Crookston: Do you want to then retract the motion about doing it either in the Valley News or the Statesman? Ingsford: Well, I would suggest that maybe the Council wait for the attorney to draw that and wait until the next meeting and find out some information from Mr. Berg. Morrow: (Inaudible) Kingsford: Let's wait to draw the ordinance then until after the strategic planning, does that meet with everyone's favor? Morrow: He is going to draw the ordinance two weeks from Monday night. Ingsford: Anything else Walt? Morrow: No that is it. Kingsford: Mr. Yerrington? Meridian City Council November 21, 1995 Page 46 Yen-ington: Nothing your honor. Kingsford: Mr. Cowie? Cowie: Nothing Kingsford: Mr. Tolsma? Tolsma: Nothing • Kingsford: I have one more appointment that I am remiss in. Likened to the Economic Development Corporation, (inaudible) I always ask him at the end of the year are there appointments that need to be made for Planning and Zoning. It has been called to my attention that the appointment of Tim Hepper has been nearly one year expired. Again though he must serve until his replacement is dully made. So I would like to appoint tim Hepper to another term effective the 2nd of January of 1995 for a second year term. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to confine the appointment of Tim Hepper to Planning and Zoning for another 6 year tens effective January 2, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea Ingsford: Mr. Berg? Have I done everything I am suppose to do? For those of you that are interested the golf committee development committee is meeting at 1:30 tomorrow at City Hall trying to put together a time line budget for that project. Anyone would be welcome. Happy Turkey Day. I would entertain a motion to adjoum. Con•ie: So moved Morrow: Second Kingsford: Moved by Bob, second by Walt to adjoum, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:55 P.M. Meridian City Council November 21, 1995 Page 47 (TAPE ON FILE OF THOSE PROCEEDINGS ) APPROVED: NT P. KINGS ~ ORI7` YOR ATTEST: WILLIAM G. BERG, JR., C LERK • • MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 21, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 8, 1995: Q~P~o% 1. PRESENTATION BY ST~TE ATTORNEY GENERAL ALAN LANCE ~e.r~ae ~~O/Z.pO.~r~- 01.e~o~ ~Q~/P~e~.~~m.~~~c,er~~~~,e~ct 2. TABLED NOVMEBER 8, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: a~~~ove d~ie~d~cl ~'/~' ~~lC ~ppr®~~ ~'~ci~i~ G'r~y atf~ryey ~® p~-Qpar2. ~~-drl~ahee. 3. TABLED NOVEMBER 8, 1995: CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: ~b~e~e ud+.t>? fee. ~~ a.t ff~ N-e~ ~pJ ~ v~ ¢~ 4~~i2a d~r, f 4. TABLED NOVEMBER 8, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS N0.3 SUBDMSION: z~~~/Pd ~h t~? ,rec. 5~ ~ t t/~ l~Qu.eJ ~ ©~ ~d~ ~~~/r 2a vc t 5. TABLED NOVEMBER 8, 1995: ORDINANCE #718 - SAL ON RAPIDS SUBDMSION N0.3 ANNEXATION: fa.~h/~c~C uactrl ~e- ~~ ~f ~~-e- ~L~et2S'~ ®~ t~.e e~~/i'cahz~ 6. PUBLIC HEARING CONTINUED FROM NOVEMBER 8, 1995 MEETING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDMSION BY BRIGHTON CORPORATION: Q°eci~~~ rzo~ fc9 re~~~3--~ ~ Y~vt.. %wrze~Qi 7~ p~~/hy - 7. ORDINANCE #719 - LA GLY Sz ASSOCIATES ANNEXATION: 8. PUBLIC HEARING: REQUEST FORANNEXATION AND ZONING OF 30 ACRES TO C-G BY MICHAEL PREST~N: C~i~-y atforh.~.y fv p~~ep~ ~,- ,e' ~' ~~lc 9. PUBLIC HEARING: REQUEST FOR A VACATION OF AN EASMENT BY JEFF COFFER: ~-z`~h~ ~~~ 10. PUBLIC HEARING: REQUEST FOR A VARIANCE TO ALLOW A BLOCK LENGTH OF MORE THAN 10~ FEET FOR SALMON RAPIDS SUBDMSION N0.3 BY FARUVES DEVELOPERS: pity e~tf~~-ney ~ pee~c~e ~~~ ~`c1L 11. PUBLIC HEARING: REQUEST FOR A VARIANCE TO OBTAIN A ONE YEAR EXTENSION ON THE FINAL PLAT FOR FIRELIGHT ESTATES - SUBDIVISION BY FIRELIGHT ESTATES, LLC: aPpna~-~ ~/~' ~ el ~ rpprov~ decr:~i~,k, - ®~ Ji ~a~ .e ~C~eKJ/'rr,•r (~ro-rti- Sept 6~ ~9e1~, • ~ 12. REQUEST FOR HOOKUP TO WATER SERVICE FOR SHERWIN-WILLIAMS WAREHOUSE BY JACKSON FOOD STORES: a,~~o.-over ~'on~~ibhe~ 13. REQUEST FOR TIME EXTENSION ON FILING FINAL PLAT FOR HONOR PARK SUBDNISION N0.3: ~~~~-o~~ 14. NON-DEVELOPMENT AGREEMENT FOR HAVEN COVE N0.5 SUBDIVISION: ~~~ro ~~ 15. DEPARTMENT REPORTS: CITY OF MERIDIA ~ PUB C MEETING SIGN- SHEET N o v~ 2 1 195 CITY ®I+ ME~IDIA~ N,~* lE PHONE NUMB -3 ~1 e ~' ~5~ sir ,Y~ ~ ~ 7~ Sr~B" - ~ ~ ? ~ S ~GeU O 000 c s~.cJ S'd~J'-G ~4~~' •CITY OF MERIDIA REC~iVEp PUBL'YC MEETING SIGN- HEET Nov 2 ~ ~~~~ QTY ®F SERI®1P-~i