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TO: Mayor of Meridian 0 SUBJECT: Oakhurst Retirement Center RETURN TO: A-95 C Ada Planning Association 650 Main Street Boise, ID 83702 344-7600 PLEASE R pane 26, 1 w DATE: 6/17/81 SAI # 00615920 RETURN THIS SHEET ONLY Please review the attached A-95 referral and provide comment. If you would like ' further information on this project please call the contact person shown on the attached A-95 form. >20 00 ( ) Support -- Project is consistent with existing plans and contributes positively im to areawide comprehensive planning programs. > ( ) Do Not Support -- Projectis not consistent with existing plans and may have W an adverse effect on the areawide planning program. (Please explain.) M ( ) Needs Attention -- Project may be a duplication of existing program. LO (Please explain.) ( ) No Comment. Q Additional Comments: JG 0 LL co W a 1 � O � SIGNATURE OF REVIEWER E, ESTIMATE OF ANNUAL EXPENSE: 11 G. ESTIMATE OF REPLACEMENT COST: I TAXES: ADMINISTRATIVE: 2. LAND INDEBTEDNESS (Or Cash required 36 b. 1. Advertising .............. $ ----- - Total Land Improvements ................ $ 2. Management ............. $ 21.400. _ -- 3. Other .................. $ -- - 313. 38. •1. TOTAL ADMINISTRATIVE , , , $ 2,400 9. ANTICIPATED DISCOVTNT ............... OPERAT11NO: 10. Working Capital (24 of Mortgage Amount) .... $ -.3,750 5. Elevator Maintenance Expense$ 12. TOTAL ESTIMATED CASH REQUIREMENT J 3,750 6. Fuel (Heating and Domestic FEES : Hot Water ......... $ 2,000 7. Lighting & Misc., Power , , .. $ 44. 8. K'Ater .................. $ _-_600 Architect's Fee - Design 9. Gas ................... $- 10. Garbage & Trash Removal ... $ -200----- 200__.-.11. 11. Payroll ................. $ 1,200 --- Bond Premium ........... $;QQ4- 12. Other .................. S ---- - -- 13. TOTAL OPERATING .. ...... $,wv nnn _-- TOTAL for All Improvements MAINTENANCE: (Lines 36c + 41 + 42 + 49) ............. $ 14. Decorating .............. $ --50Q -4_3, �a3- -43,43- 15. Repairs .. . ............. $ _--500 16. Exterminating ........... $----__-_-- Interest 9 months C _QA- 17. Insurance ............... $ -14750---_-- 18. Ground Expense, .... , .... $ ___-200 55. 19. Other .................. $ FHA hftg. Ins, Pre. (0.5%).. $ 20. TOTAL MAINTENANCE , . , , , , $ 21. Replacement Reserve (0.0060 x Total for 0 Financing Fee (_- - %)...... $ Structures, Line 41) ........... . . . .... . . $ _ _--_ 22. TOTAL EXPENSE, .......... $ -10--j-210- 0•_210 TAXES: 23. Real Estate: Estimated Assessed Valuation $__----_ C $ _ _ _. per $1000 $ - - _-__-- 24. Personal Property: Est., Assessed Valuation $ Ca $ _ - per $1000 $ 25. Employee Payroll Tax ...... $ 26. Other.. . S 27. Other .................. $ - 28. TOTAL TAXES ............ $ 0 29. TOTAL EXPENSE AND TAXES ............. $ 10L250• F. INCOME COMPUTATIONS: 30. Estimated Project Gross Income r (Line C32, Page 1) . .................... $ 75,840 31. Occupancy (Entire Project) .................. 97 32. Effective Gross Income (Line 30 x Line 31)..... $ 7.3_x_565-_ 33. Total Project Expenses (Line 29) ........... . $ 10,250 34. Net Income to Project (Line 32 - Line 33) .... $ 634315- 35. Expense Ratio (Line 29 by Line 32) ....... _ 13_- H. TOTAL REQUIREMENTS FOR SETTLEMENT: 1i $ 64,8-�0__ $ 67,_500 $711-t-3-50-- 4. '711, }50_ 1. DEVELOPMENT COSTS (Line 72) .......... Unusual Land Improvements $ 2. LAND INDEBTEDNESS (Or Cash required 36 b. for Land Acquisition) .................. 3. SUBTOTAL (Line 1 + Line 2) .............. Total Land Improvements ................ $ 4. Mortgage Amount ........ $ 750,00(1-_ 5. Fees Paid by Other than Cash $ ___- 0 -_ -- 6. Line 4 plus Line 5 Subtotal ................ Main Buildings........... $ 495900-0- 445!000 7. CASH INVESTMENT REQUIRED 313. 38. (Line 3 - Line 6) ........... surplus L $ 38,650---- 8,650 - -- t!. �. INITIAL OPERATING DEFICIT .......... $ 9. ANTICIPATED DISCOVTNT ............... $_-__- 10. Working Capital (24 of Mortgage Amount) .... $ -.3,750 11. Off -Site Construction Costs ................ $ --- 12. TOTAL ESTIMATED CASH REQUIREMENT J 3,750 (Lines 7 + 8 + 9 + 10 + 11) ............... $ ,s I 36a. Unusual Land Improvements $ 36 b. Other Land Improvements ... $ __ 10=000 36c. Total Land Improvements ................ $ STRUCTURES: 37. Main Buildings........... $ 495900-0- 445!000 313. 38. Accessory Buildings ....... $ _. - 39. Garage ................. $ - -- 40. All Other Buildings ....... $ 41. TOTAL STRUCTURES ...... $ 42. General Requirements .................. $-- FEES : 43. Builder's General Overhead p c 2- --.i ............ $ ---9,900 44. Builder's Profii C 1 ___Sc.. $ 45. Architect's Fee - Design �7 C_ `r2 --.T ........... $ --32,,175- 46. Architect's Fee - Supervisory C 1-.5.5i ........... $ 47. Bond Premium ........... $;QQ4- 48. Other Fees .............. $ 49. TOTAL FEES ............... $ 50. TOTAL for All Improvements (Lines 36c + 41 + 42 + 49) ............. $ 51. Cost per Gross Square Foot .......13.}340 $ -4_3, �a3- -43,43- 52. 52. Estimated Construction Time ............. months. CARRYINGCHARGESAND FINANCING: 53. Interest 9 months C _QA- _ on $ 375 t00Q ...... $ 260,000. 54. Taxes .................. $ 55. Insurance ............... $ 1,500 56. FHA hftg. Ins, Pre. (0.5%).. $ 57. FHA Exam. Fee (0.3%r)..... $ 58. FHA Inspec. Fee (0.5%) .... $ 59. Financing Fee (_- - %)...... $ 60. AMPO (_ �_ ,). 11ne..41 $ --14,8-%- -14, 88 ry _, 61. 61. FNMAJGNMA Fee (__%). $ 62. Title and Recording ....... $ 3,500 63. TOTAL CARRYING CHARGES & FIN.... . $ 145,95 LEGAL. ORGANIZATION & AUDIT FEE: 64. Legal .................. $ 1,000 65. Organization ............ $ 700 66. Cost Certification Audit Fee $ 67. TOTAL LEGAL, ORGANIZATION & AUDIT FEE $ _ 1 .Inn 68, Builder & Sponsor Profit and Risk ............. $ 69. Consultant Fee ........................... $ -X5,000- 70. Supplemental Management Fund ............. $ _2,D0D- 71. Contingency Reserve ...................... $ 72. TOTAL ESTIMATED DEVELOPMENT COST (Excluding Land or Off -Site Cost) (Lines 50+63+67+68+69+70+71).... $ 73. LAND (Estimated Market Price of Site) -304' 38- sq.ft. @ $- 2. 22 - - per sq. ft.... �7 �/�/� $ -67,-5W- 67, 5W- 74. 74. TOTAL ESTIMATED REPLACEMENT COST OF PROJECT (Line 71 + Line 72) ............. $ _711,350 - Source of Cash to meet Requirements Amount $ 750,000----- borrower and asors $ $ $ TOTAL $ �' Air Cond. (Equip. OnlyX Drapes ELFC.: He,,t �1 Hnt W.itrr b. Principal rZ Kitchen Exhaust Fan ❑ Swimming Poul Co..king An C'unditiunuig Balance $ Laundry Facilities Tennis Court _; Lig,its, etc., in Unit c. Annual Disposal Other (Sepcify) OTHER FITEL �. Ilvat Hut Watri Payment $- _ -- ------- _ [' WATER [ OTHER d. 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V .d o C = G n C -)(n O 11 rT�r7 L-.,.... n p� a f N n " M ^ Z (D S rt N rD -hcn W r (D O S v (D a O b rrDD rL aW n rL a .. O 5 w < fD CSD a e a m CD O •• S O (D N C � O• A• 7 W O '. C+ rt< Imp (D O s •d m c. , d H rt O O oc O _. r+ F� F� (. �. o-••� _- O n (D FW-- -- o ;j r Cl) Pi Fj• '- • -1 W (n N H rr (n tm o• C En 0 rt v` O n fD C C N O rt W l/( rt N 0 i Wi' Meridian City hall .4. March 6„ 1978 The Mayor stated that fire hydrants are needed in addition to the water lines in this area as well as all developments. Mr. Hudson was told that he could not build without the City water line in place as well as the dry line sewer ready for connection when the new sewer line is placed. Paul Stephenson, Father; and LaMar Stephenson, son, a Scout who desires to have a Community Project, were present to present a proposal of $1500.00 worth of trees and shrubs for the park. They would like to furnish the trees and shrubs and plant them in the Meridian Park. It was pointed out that the City would need to know what MAd of trees, and where they are needed. The Mayor stated that the City does not have a plan yet but would like to let them help with this program. Mr. Ellsworth stated that they have in their expertise, to prepare a landscaping plan for the City. This could be prepared in a few weeks. The Motion was made by Richard Williams and seconded by Marving Bodine that the City accept the offer of LaMar Stephenson and that a plan be developed by the City Eineer_,to assist in placement of shrubs at the Meridian Park. Motion passed: Williams, yea; Kingsford, yeas Bodine, yea; Glaisyer, yea. -' Lloyd Cook was present, living at 204 E. Franklin, to ask -for a variance set back on Williams street for 50 closer to property line. The Motion was made by Marvin Bodine and seconded by Richard Williams that this 5 foot variance on Williams Street be allowed for Lloyd Cook at 204 E. Franklin Street. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, yea. Mr. Orton of Tudor Engineers presented the proposal of removal of the water tank and tower to be taken down and placed by the Desert View Water Corporation, by Gary Cullip9 President, Mr. Orton requested that the City accept the offer givens 1. Waive the $50,000.00 perforreaance Bond requirement they intend to prepare a performance bond but not this high. 2. Will give the $250,000.00 liability insurance coverage for damage Work will be done on week ends, possibly two, and possibly removed within six weeks. 3. Will tie up the line ends in 30 days 4. Will give a time schedule by that time for completion of projects The Motion was made by Marvin Bodine and seconded by Richard Williams that the City accept the Desert View offer to remove the water tower and that the City Attorney and the City Engineer make arrangements with those developers of Desert View Ilater Corporation and that an agreement be signed by the parties concerned upon completion by the Engineers. Motion passed: Williams, yea; Kingsford, yea; Bodine, yea; Glaisyer, yea. The Mayor brought up the Smiths Food King request for a variance from the request for a 30° strip to the South of`this"building to 261.400. Earl Grossaint, representing Smith's Food King, stated that any additional set- back taken removes the building size which over the years represents sales spa -ca loss amount to approximately $6,000.00 per year, which would extend and be projected on all the years to come. Mr. Welker, Fire Chief, stated that the Fire Department could work with a 25° area but 30° would be better. Mr. Green needs to get around the buildings and the variance would not effect his efficiency in patrolling for police protection. The Motion was made by Richard Williams and seconded by Grant Kingsford that the a City approve the set back for the Smith Food King to 26.4 feet for access at Gruber Street off East 2'/2 Street. Motion rnssede Williams vein; Kingsford, vwao GIn syer,. yea. ®z EXHIBIT 18. Iv'ap showing the location of the site. The town of Meridian has only 8 percent minority, and they are scattered throughout the area of the city. Two families were found within a several block area surrounding; the site. i►: Uo.�6.66" %WVWM 04 W-*-P� C -".y low 463 Meridian City Hall e2e July 7, 1975 John Navarro reported a used St roper (tamper for streets) in gocd condition could be purchased of $1,250000 fora from Arrowhead new o ao Machinery—company ror-075,00 versus cos Motion was made by ohn Navarro and seconded by Marvin Bo ine t at the City purchase a used Storiper from Arrowhead Machinery ComPany In the amount of %%875,00.' Motion passed: Siver, yea; Rasmussen, yea; Bodine,, yea; Na arro, yea, — Ed Fels M, represen_ing__B _of e Felsing swort and Sullivan Com an Fiscal Ag int for Water -Sewer Bond issue Os ectus etc, M 9`59 raquested nnounced that they w re ready tc background tifomation proceed with - Cn City user figura on water and sewer,, value ion, etc,, J -U -Bo E .inee s to assist. i Work's Su °te Bruce 16tuart, askei that hGFire Chief Walker and City Building Inspector, Vernon Scloan regarding installtior b of info ter lines med and also sh - pato never and hydrants for stu o evel opments The Council set Friday, August 2 th for special election to deci a whether the City shall merge with Petitions with necessarys the eridi nate n Free Library District. es were presented and on ile with minutes, First publication is July 10th® to be made n the next issue of the Vailley lews I Times, - Motion was made by Marvin Bodine and seconded by John Navarro that special election be held in for the proposed mer and f er of r the the City City of Meridian on Tuesday. Au with the Meridian Free Libra st 2 , 1975 7District, Motionpassed: Skive yea; Rasmussenyea; Bodiho, yea; Navarro, yea, Mayor Storey stated hat "No Smoking" is allowed in p blic since passage by e Legislature aftir meeting places and subject Jul Ist, to f 1975. This wi11 be restr etc ne, n public Ernest Lompke°s requ st fo zone change vrgs discussed - Motion was made by W Street and known as yne S ged the A iver water d seconded by John avar o the m , Place, Ernest Lempke �� Motion passed: Meridian Manor$s.req Ski est for er,, ye approval q.; Rasmussen, yea; Baline, yea; Navarro, on neer addition eras, of acted yea, upon by --vias The Comprehensive Site P forMountain West Medical Cent r, D CO, Phase I - W. 64 %AAAAA an The Motion was made by Wa® a Skier and seconded by Kenneth Rasmussen that Center be accepted, o henriva Site Plan, Phase , yea; avarro,yea, Motion passed:, Ski er, yea; Rasmussen, yea; Baldne, Meridian City Hall .5. March 39 1975 DEVCO Washington Square c me up for discussion in re ation to pl cement according to specificatioiiso An inspection was made by Ric Orton and Bruce Stuart and has been completed. A letter was written to cover the items that were listed as unco ylthe pleted items. It was pointed out Uiat these installations had been accepted City with these exceptions and is noir automatically considered aomplete. Bob Eoff representin Custom e:rii Co Crete Products _condi ional use permit for the prop r_ ty at_22 an S ee .Cate the Ncrth East intersection — of Meridian and King Street presented a signed petition of the required number approving the use,, project at 229 Meridian Street caned by Mr. Eoff, dbe Custom Con rete Products, Motion passed: SkivOr, yea; Rasmussen, yea; Bo ine, ea; N varro, yea. � s The Mayor stated that this erni meeting g the had been set aside for a hearing and inf'ormat o� n Mme con construction of a wa er an.0 sewer proposalo and a consequent boni election nd el to be held on March 11, —-- coon would provide 19/ . e s armed also t�iao e ort :cos of tie s for City water as well as enlargement of water distribution lines for proper - as r u . on o ' trate wous also prov e a W, 0 ga . era r tan o e erected to increase the storage capacity which would increase the fire protection po en is of he i . l L°douI also provide fora new ispos-al pan tJ� lines to carry the e"flue t to new plant area, arranged to pick up other areas o be annexe y th' days opens br�ng�ng herr ins �o-Fi y _naso Completion would req ire about years time laps. The plan projections for uture growth and developme t is 20 yea s water; 20 years sewer; whi h would project to approximatel-_21_,5 00 peo,le. Mr. Don Smith, a res°dent on West Pine, requested that mora specific information - -- e pu is e o —acquaint a pe p e concerning is development, - The Mayor pointed out that this proposal had been studied for se eral years. _ The total presentati n would re uire many hours but that the city would gladly �a do this if that was the wish of others present° _ The Mayor expressed regrets that. all during the Planning stage ween the information was being pre ented to the Council there at this meeting there were very few only residents 5 or bin - --- _ --- in attendance and al o th t her were attendance for the h arin . Sumner Johnson suggested that the City use a citizens eye view if possible 7 _ to find ways and means The Mayor explained of informing the c iar�es e p ublic- rQnee I for revenue Dur ores nin the election, New Hookup fee 3250.00 water -- — --- -- - ---- $ 350.0. sewer -- 00,00 mer connection _ ._--- The water rates have alre'Idy been set and appear suf iciest to ratire is the Revenue - Bonds. It was note _fhat tax rtes trill not increase. this Bond from hater and sewage uses The Mayor made a statement toe courage those present to support this -- program he felt that it was a good project and an excellent r, - -because opportunity to rete°ve grants in aid of considerable proportions. He stated fnrtkLer that JA knour , vier.ace? vie an opportunity to receive 2 for 1 in matching grants at any future time if this one was turned down by the people. i Meridian City Ball o2a February 39 1975 A letter eras presented se ting forth the uncompleted items in relation to Vas ins a a ono Ric Orton stated that he and the Mork Sup9t. had insp cted the installation an found some porti n othe---o a pro ee icient The developers stated that it is their desire that th buildings on the V08Z Side Of Weststreet a separated 7row the ba Ox n to make it possible or t ase apartments to be occupi d. � Andy Anderson stated that a felt that these apartmen s ar undo a different vrater� lines and sena a disposal-, and that this projectis efinl, 6�y not o p e d,, Andy An arson stated e c ruc on crewsand-worki q-raacli day, In this area and within a fe vree all ahould be completed a cord ng to the,dravrings for e whole pro ec - F29170tion was made .y ^o . ver an secon e y two vaett extension b, gr ted t the Washington Squar proposal Ior completion of the ase #1 posy 5 -on o c3 ro ec o e orpo 'a iou and Davao Corporatioi. su Joct J -U -B recommended a,prov l when completed. Notion passed: Skiver, yea; Rasmussen, yea; BodLno, ea; Navarro, yea, A letter from the Cel tral istr' t Health Department s rad by''the Mayor, requesting consideraIion f extending the annual contract or aorcement o City Health matters. Tho Commission of Smiftation, Marvin Bodine, stated t t he is g4reoment ting inspection cheats on they Resta rant inspections and is satisfied that this ahould be snowed, Arca was further di cuss on co cerning inspections and it was,s ggested that perhaps the City shoi ld cbprge a restaurants for th.L-sG spoct ons because it was a direct cost involvirg ther operation. The discussion indic ted that 1ist year there was a s gges ion t mat a $$50,00 charge should be mad= to each r stahrant for this sor acme It w s thought a that oug- that perhaps this via too high,,1 The Notion was made by Marvin B dine and seconded by Kenneth Ras sen that tho --ity charge $25 -;CD per Restaurant health inspections. Notion passed: Spiv r9 ye ; Skiver, yea; Rasmussen, ea; B.dine, yea; -- A latter Sire@ west R. n,ost living at 1305 E. 23� Street Ims re . d by the -- Mayor complaining concerning th low of irrigation water, o his prem es. - -- The City Clerk s o4trol a letter o Fir, os o o m � o City Council has no ova the delivery schedula or the amount of grater -_ — —rhlr e vera oug -- rrc ga o Z c es erg n e y, opy ox letter is to be sent tote Ada County Highway District and to t e Nampa- Meridian- rl-�gA-Uon s r o a Playor announced thatus am Concrete Products, Inc. sen vrnGo , , living at 229 Meridian Street, is operating on the Ne-mith property locat6d, -- et Morialan and King Streat on the Vortheast Imersec oxo a -v "APl Residential,, The Council instruct -d th City Clerk to write a lettPr to Mr. off to coase _ a a suffor violating the zoning Ordinance,, F� i oto ®c-�obc? 7, 1974 -- -- - Rla�vnolcl L. 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I 1—c lose d La. �-,E? oaloi11,3 o 2 o September 9, 1974 joj,-M, Fitagerald represented the amity in a condofflum2atiJ involving d the Atuatez, housov loonC'd at house on the South -0 4at corner aGYIdl-M oZ " K=g AV(a MOT-nw; this intersection. --- O stu ry and The land otmeys invo5 ved Urs" HarGuorito Clyd'O re Pr sent.. Contract sell eTO Faye Atuater bor's daughtoz� -Jas albu PI -Sent) r172.o HayoT stated tha"q thea) 27F 2 L -r 2 -2, 71%, billed against the Troparty" poop 0 should abate the nAisan,e of this iuu-da'M costs I,Ir(oa Atwate? stated that the She stated that ME,. Rembke bui has a ding is structurally permit to remodel thLe stroll -S and t -rill stand building The Pay©r stated that the rrohlibitivo in costs to remodel Tho vlayar stated frwi;ho uquizzed He stated that terata City 111, poctor has informed into a safe, proper h MY,. Lembke that this ousiOusipKI d the present WL; -Y" r Probably a P_Uisaaca acedy to has a contimental wte -9 abted t%d.thin 30 dayo att2or this chmen noc! lo®rt, ca, cho 7ocoivad ho"� not_ ca �,Lrs. --E(— --T_n`_)--, �:) Ijkry, s a I -a d o Z ter stated that sha u ght did 11r I"® rnuy o not to bring atto2ncy Dec auso Csnft-aot blulyoL- 111r, Mobize that, Lie would Pref orlto herve caid Oint c'th the r�,quircmenta be better 00, him tm@ told the if it -cZaiinal to ba vvasou_ b7 tha Hayo_v that building declared a set by the codes for could be romoVG6, 3a e o ao hnta4dproviouoly T rinisa)c Ir. Loobho 6uilmingc i would Ir u, I-IMTG'MoTits Clydo ask d thc- coat act buyeTv Lembko,, if lie has any plana COMOOTMinp, this OtT tuTO, Ih-. Lombke remarked 'h -.at -Ln o Iresent conditions rcm:)dOling 'a oo anponaivo to be cono-idered at -his UE20,, Ina"Or opohe to Atwatez, attnoThed to this bul, dinef _n VIOJ41 cosmany o ru blailding back to deol rabic J,los. Atwater asked iR it would T'Lis I-layor suggested hat iihe c' attorney bscause she had 30 -e .11 jst,30�_ not the reasonable a wa?, but euo state,) gA day Cor Com that he realised the to tho state of dotorioration thousanda of dollars Much OOPO OMPonziV3 aentil*kal to roh,,;odol - thrx-3i yrLactical value end beiziS d pu t this a, possible to have this together uith Lor ccntrac-',' to abate the nuisalles leto renovation could leto v Ll and not buya:� t :?0modaHn"r? take p? wook(, and her tia-0 ace in that Bills ware read: Vou r�: Lb-cpv Date Amount Sts l ida woll W, q Labor Trainiw-� School Health & Accident Irsuraw'30 317-"D 1 60.00 417.65 6G' 6a 12 3O , �4 63 -3 -1�9�74 LA 6133 1- 8 211 74 IOU -ace 0, 2.oaT Idaho Peace Gregory Fo Boyd POY Socur:1-ty Life ox? D31170,? 68b) 80�6.74 .7 8—f tain poll City c):? Heridian City 00 NOTMIR-an Telephone Telephone- PolicO Telephone- Police 1.3 9 1100 0 • o" J ...._ .. _. ,.� ..�.� .c. Augusti 2, IY(`t Darlene and Bob Anderson were present to request La J. gasman property located 1406 24 s zone ommer were informed-tu-go befdrir— the Planning and ZonLng Commission for consideration August Hein, represe t' the new Meridian Senior High Sc ol, wis present _ to discuss la of ne Thee will be aproximate 20 onnec ions or 1700 feet of line. of official; to clarify layor to set up meeting with Sch size of line and oth r problems _ Letter from the Idah Sta a Lib ary regarding electi n to stabJance h a Meridian Library is r c was r a g sugges ng City op ostating that for the purp ses otheelection the Ci y mai tena of the cc en u rar swou a. a uspen a%�c� w per ons Meridian to vote. ity ttorn ytzgerald, suggests thi cannot be one, an willsen a e r-�Cn c- — Copy of letter from tate Libra ian, Helen M. Milleron fie witi these minutes. Upon recommendation f Fite Chi�f Rogers Welker and B ildi g ins ctor Vernon Schoen tFie or a�n3 Cou c313irec-ted-a-1e e o t -a -- City Attorney John Fitzgerald declaring the City's intention to e wa er prope:c �r ca ed at King - venue and N�er3 as -S SW ondemn - The Motlon was made 9 W: s S ver an secon3ed-b-- KI n �a nusse thaf- the City declare int ntio of c ndemnation of the Atwater property a ng venue an r r e . -- - located Motion passed: Skiver., ye ; Rasmussen, yea; Bodine, ea; N I varro, yea. Mayor Storey stated hat ropery of the School District located at Linder an Fine venue s C n_ti Ous ae-t rS� e was -dis-cussl n n the area. The Motion was made B dine and seconded by W. D. Skive that the _ ,vin C known as the Meridia o0 - Annexation, located t Li der a d Pine Avenue be annexed o the ity and Zoned "All � ec nded.�tbe Planning- and onin ommission. _ Motion passed: SUi yea, — r, y a; Ra mussen, yea; Bodine, yea; Navarro, Attorney w in�struc ed -t pre�zare Notice of Annexat' an Zoning___--_ Hearing© j Fire Chief Roger Wel er a tered�Council room to repot the a wo d be a y would est g3� onosev rat 0 r ported as a nuisance d t t th - --start burning -- --- - Letter was read byte�or fr m IDA -ORE Regional P ni and Development (IDA) -- -Ksmoc a o- ad o a sion a Meridian Water a ewer o e- has been given Numiority for the Growth CenterPro ects. oCpy of letter i these minutes. Ric Ric_Orton presented _locum nts of Federal EPA Grant tati that all agencies have affirmed and islheld for request from city. Mayor Storeg s"j,g�ed�c,tep 1 Agreement auther#-sd-ng-realmie-sast -9--paptioz from Health and Welfare, and EPA. Copy of State Clearinghouse Project Notification filed with these minutes. i<i.' Y Tuly 1- 1974 Mayor announced as reported have them all i at W by operation st He ke is repairing the 10 the a Chief and Work's up't. th the necessary re airs h ants that were The inoperative soon Mr. nd replacements, enske will Vernon representing Schoen, Builds ACHD co g In cer pecto , explained a letter n thestreet at West 3rd from rom P So ne N)rth eville , to a dead Mr. end at the schoo Sonnerville state property. tha the are not anticiQatin an street repairs in his area. t be - e City Council reco graveled by the devel ended er thatthe ditch be tiled n thi area. nd t etre he Atwater property Mr. Schoen stated tha s this scuss d. property at Meridian Street and King venue has been sold to Mr. Lemb . Lembke plans to Wild e. he At ater builds into a 4 unit a r ment house. This building is thou . Schoen is to look ht to into be unsafe to remodel in any this atter, as Buildi I way. s ect r an re rt back to the Council, The Burial Vault buss ess t_Meridian and Franklin waE —that disc this durigE ssed. busi the as bad.:agreed year granted Itwas pointed out bymbs tb,:clean this lace up me and rof the City Council have L presentable businese as a special use. This operation blocks the 1riew a the intersection to the W st ani has not been cleaned up. In The Police Department ract is to t is ixtremely unsightly. look into this matter and attempt to get them back on their own pro erty The Youth program was disc ssed: ene Crawford County Commissionerencouraged _ t e sty to hire more The City has three now youths hir if ossible. d and does not desire to t in olved with _ additional employees ind iipervl3ion involved. Bills were read: 6581 658 6.1 .74 —T-inde 6.1 .74 6.1 .74 -4----T 6.1 .74 6.1 .74 Michael A. Losh J. Hitmel Roger Welker — Labor Cis c-T7pist--W*rk-iS-titdy Volunteer Fireman Vo , tee. Fire Volunteer Fireman Volunteer Fireman Volunteer Fireman Volunteer FJ roman Volunteer Fireman Ira] u iteer-T-iryman— Volunteer Fireman r ri raman Volunteer Fireman Volunteer Fireman 100.00 74.22 42.00 —51--00 — 53.00 0 '. 6583 6585 658 658 6 - 0Robert-Donahue—_ Robert Voss Keith Ellis Me Sherman Louderbaugh 25,00 i OU OW 38.00 34 .00 42.00 32.00 38.00 -26--on 12.00 44.00 -_ 6591 659 6593 65 6595 659 6597 6.1 .74 6 6.1 .74 6.1 .74 6.1 .74 Bill Pitman Robep-t Moore Kenneth Crawford Bill Luka— Kenneth Gibson Brent Walker Charles Stuart Meridian Planning an d Zoning leeting called to order by he Acting C Members present: Don Roberts; Willard hers present: Kent Barney; Jim Fulle Bob Eoff ster Schle ob Eciff owner of Custom Concrete Prod condftional use permit to condul.t a February 17, 1975. airman, Don Roberts. :wley; Owen Frost. ; Ric Orton; Marvin Lodine; Jess Groves away. _ :ts, came before the Co ssion to request siness of manufactur g s ptic tanks at 229 Merid street in Meridian,id aho. A petition was presented corAain-ing the names of at least 75 of the residents rithin 300 feet of his property agreeing that the did not object o Mr. Eoff using ,his property for this purpose. _ MI,. Eoff stated that h fi Ted that he could find a la ger place to operate Prom b3, next winter. Tile motion was made by Owen Frost and seconded by Will d Rowley that the :ommis ion recommend to the City oun ci that Ur: Eoff operating the Cu um — toncre a products be allowe to o' rateiin an A residential under a special use ermit until January lst, 1976. lotion passed: All Yea. Jess C. Groves w as present to pre ent a letter requesting tie rezone for ots 1 through 5, "Block 2, of th Bown Addition to Meridian and Lots 1 through -------- — Blo �8, ofBowers Second Addition to Meridian' to be rezoned 'C" from "A" -� — aside tial. TIiis property is locat d BouLh of Bower from East 3rd to East 2nd, nd North_ f the alley between Bower and Ad %* Th s property intends t be used b a Lumber ompan for lumber storage. The motion was made by Willard Row ey and seconded by y ost that the �p Meridian Planning ETM.QikPnznC The motion was made b Owe Fros and seconded by Wil and w1eY, that Vhe commission recommend t of the 6 Wortierly the City Oun cil, that they ap rove he colcept t units for the Saunders To house proje, and location cont imint. pe on the approval of t e Heal th Department, for Septic amts field drains pd on the dr r val b the Iq @Ma -Meridian Irrig_aLon be placed to complete 3r Diatrict adwa W; for ain water, and that sur t bond Moti'da Passed. All Yea. r Friend was instruc ed t roc ed with the proWr 1 dr win this ea and to resent t e us' n1 dr incluiing the 1- 001 subdi i si A gap, together with the Lep al Do: 3- cri ton f or ani zation The Property of the School District, Ytich.was the Doyner bdivision DR) proposal some time past wa3 nexi disctAggM He rhl. e Motion was made Wil and R wie and seconded by 'Owen Frost that the Commission recommend to th it oun t1 I h i 0 of he coo tsl t ri Ct DI s to be known as the (Meridi n e o Pine me be anmxed to I-ba--Gj t y a Motiom Passed All Yea- % -G- Comp ornon hoon the inspe d tie Atmater r a t located new ir asar-of the -a so 131 an r - p3e Mr Scrioen stated further tiat t of co struction, en that it - possible. The framework o. f the goo ton n3n doym to be remodeled. The 031 0 has an on t the Pur- chagor that the build in,- R earn rhe Commission felt t- t is matter was out of their 'urs ctio but that t was their feels pg hat his 1 nd area hould be desi at d-11 n omma cial on the comprehensive lann n f r r. Rowle brgyaht..OUL_a� Meri I en, for review and dilgWho 1 0 0 Meridian City Hall July 2t, 1981 Regular City Council Meeting called to order by Councilman Grant Kingsford, appointed by Mayor Joseph Glaisyer to conduct the Public meeting during his absenc. President of Council, Richard Williams was also absent. Meeting called to order at 7:30 P.M. Councilmen Present: Bill Brewer; Grant Kingsford; Rick Orton Jr. Mayor Joseph Glaisyer, absent Richard C. Williams, absent Others present: Doug Nichols; Vern Schoen; Roger Welker; Skip Voss; Bruce Stuart; Earl Ward; Reynold L. Schenck, Donald & Edith Calhoun; Gary Smith; Don Storey; Ross Hadfield; Stan Welsh, Atty. Minutes of Special Meeting June 29, 1981 approved as read. Minutes of Regular Meeting July 6, 1981 approved as read. Agenda HEARING - Conditional Use for Saw Shop or Fix -it -Shop - Don Calhoun 331 W. Idaho 1 Kingsford: "Public Hearing is now open" Calhoun: "I am in for a Saw Shop and Fix -It Shop construction at 331 W. Idaho, when I thought I would go into a small engine tune up I was told I would have to have a fire safe building. I have brought up some sketches (distributed to Council) and to how a building would set on my property." There was discussion concerning property lines. Calhoun: "The building will be back in here (designating on sketch) five feet from the property line on both sides, twenty-one feet to the north side of the building to the existing shed, sixty feet from the back fence to the outlined fence on 4th St., about forty-one feet from the west face of building to the gravel driveway." Kingsford: "Vern, would that require a setback variance?" Schoen: "No" Brewer: "Have you been around to all of your neighbors and obtained the necessary signatures?" Calhoun: "Yes" Signatures were displayed by City Clerk. Kingsford: "You didn't find anyone in oppostion?" Calhoun: "No" "In fact I've had them ask me when I was going to be in business" Brewer: "You are presently retired and you would like to do this as a - Calhoun: "I'm not yet." Orton: "Do you anticipate a lot of traffic? Or just one or two car parking?" Calhoun: "No, just one or two car parking." Orton: "Would they be in the gravel parking area?" Calhoun: "Yes, they would use the bac!< part off of 4th Street." Kingsford: "Is there any comment from the public?" No response. "Public Hearing Closed" The [lotion was made by Rick Orton and seconded by Bill Brewer that the City Council approve the Conditional Use Request of Don L. Clahoun, 331 West Idaho, for a separate building facing West 4th Street with all setback requirements and to meet with City Codes, to be used as a Saw Shop. Motion Carried: Brewer, yea; Orton, yea; Kingsford, yea Agenda Reynold L. Schenck-- 22 and 30 East Franklin - Meridian Professional Center 2 Schenck come before the Council in regard to the problem between Ada County Highway District's dedication of right-of-way of his new location.at 22 and 30 East Franklin and 142 Meridian Road. 0 n ridian City Hall .2. July 20, 1981 enda 2 (Contid) Schenck: "I want to explain why I am here, why I am doing what I'm doing, so you will understand the reasoning behind it°"(Schenck uses chalk board to draw a diagram representing his property at the corner of Franklin and Meridian Roads) "First of all we had the problem with Williams Street, going through the back, it was explained to me that before I could put the building to the back I had to check on Williams Street. In the meantime while checking on it I met with Ada County and theysaid they were going to request this right-of-way, Ten feet on Franklin and five feet on Meridian Street.- Therefor,in time talking with Mr, Funkhouser, I said"What if I don't give you the right-of-way"and he said I wouldn't get a building permit and that in Meridian they haven't worked with us too well in the past so I don't know what Meridian is going to do. So we came over to the next Council meeting here and one of the members of the Council asked me "what do you feel about the Ada County requirements", you know put in curbs, gutters, 30 foot radius and give up the right -of way, etc. At that point of time I said I would not give up the right-of-way, I'll do whatever they want but I will not give up the right-of-way. Mr. Glaisyer at that point said that is between" you and Ada County, we don't care. When the meeting progressed on and someone made the motion that I be allowed the building permit contingent upon what Ada County wanted to do. J!n myr,mind at that point of time is, I still have no problem - because,I was told that problem was between me and the County, that was for me to work out with those guys. So then we went in to get our building permit, we were granted the building permit - still in my mind no problem. Three weeks ago was the first time I knew that there was something going down. We tried to get the permit to put the paving on the road, from the parking to the right-of-way. They would not allow my contractor to put the paving on the right-of-way because I had not given up the right-of-way yet. We had some meetings with your City Engineer, etc., etc. At that time I left a bunch of phone calls for someone to call me from here and everybody was out of town or they didn't get them so I still think I have no problem. In the meantime I went down to Ada County asking for an appeal. I appealed to them to change their decision, this is why I appealed it. There's Home Federal Savings which is on the corner of Franklin and First Street and was not required to give up any property at all when they built - they just barely finished construction when we started building. They were not required to give up that property at all. On this corner there is a 20 foot by 20 foot, same here on those three triangles there. Ada County on June 23rd sent a letter around. to each one of the property owners offering them two dollars a square foot for their property, which is condemnation prices plus Ada County would do the improve- ments. And also, I have a Supreme Court decision dated November 1980 from the State of Nebraska, with Federal Law cited that this practice of giving up property for future development is illegal and unconstitutional without just compensation to the owner. This is what I went in to Ada County with, and that night, Thursday night a week ago, I could see they had already made up my mind and their answers to each one of those items, Number 1 Home Federal Savings: we did not take the property from Home Federal Saving because we messed up and didn't get the job done. Number 2, the reason we offered money to the other three corners, and not you, is because they are not developing and 4, we don't think Nebraska applies to Idaho anyway. Trying to compromise this so we wouldn't have the problem we are having, I offered to put the property in joint tenure, in the Ada County's name and my name, and test it in the Supreme Court - if I lost it I would sign it and no questions asked. They looked me right into the eyeballs and said "I'll tell you what we are going to take the property and you can contest it if you want -and give it back if I loose. Well everybody knows that once people get something it's tough to get it back. So these are reasons why I'm appealing this decisions. Number 1, they are asking me for ten feet which is for the sole purpose of widening the road in some point in future time. They are asking me for five feet down Meridian which is for the same reason, at some future time. What I am saying - I'm not trying to hold up Ada County or anybody else - I'll take the $2.00 condemnation a foot, I'm not asking for the full market value which is five to seven dollars. And what they are taking in total condemnation in square footage amounts to right close $5,000.00. Arid I'm supposed to put in the curbs, gutters, etc. All I'm saying is treat me equal. Equality is all I'm asking - nobody took any property from Home Federal Savings, their putting up a bank - does that mean if I put a bank I don't have to give up property too? Or, pay me the $2.00 a sq. foot condemnation price, that's all I'm asking. Treat me ;--rival - why ar, - being teated different from these people Meridian Citv Hall Agenda 2 (Cont'd) Schenck... .3 Julv 20, 1981 and these people. And that's why I am doing what I'm doing, I'm not trying to be a son -of -a -gun and fight Meridian. Lord knows I work here and I like this community. I realize the position that you (Council) are in and all I'm trying to do is work it out with Ada County. With that Stop Work (Red Tag) - I can't stop work, I've got too much money tied up in there and too much financial loss if I do - that's why I kept going. It would drown me. I'm asking for the oppor- tunity to let me fight it out with Ada County and get the job done. Equality - hey, treat me the same. I know some of the papers has come that I'm trying to "hold up" Ada County, asking for all this money - I'm not - $2.00 is condemnation and is what they are paying everybody else. Treat me equal" Councilman Orton: "Wayne, under this red tag that we have on the building, what is the status of continuous construction, I understand we are not inspecting?" Schenck: "The inspectors were out there today..." Crookston, Atty: "It is my understanding that when it is red tagged there is no more work supposed to be done - this is under the building code." Schenck: "Again, on the red tag - there is nothing wrong with the building. Nothing wrong with the setbacks, the building, the structure, electrical, plumbing, it's not a public hazard , a menace or anything." Kingsford: "Anymore comments?" Councilman Brewer: "The night this cleared the Council, and we gave you a zero lot line on the alley, we also agreed to go along with Ada County's recommendations.." Kingsford: "This is the Motion in the minutes of that meeting "Motion was made by Williams and seconded by Kingsford that the City Council grant Mr. Schenck the setback variances as requested, rear of building against the north property line and a ten foot setback on the west and east side of building, provided: that Schenck comply with Ada County Highway District's requirements as outlined in letter dated October 22, 1980; that the rear portion of the building be no closer than ten feet from the center line of the four inch water kine on Williams St; that a twenty foot easement be provided to the City in lieu of right-of-way for utilities, fire and police protection; and an all weather surface be constructed upon City easement at the time of construction." Brewer: 'T feel we are going to have to live with that dedision." Orton: "That's certainly the way I remember that Motion and when the words comply with Ada Count's request was in there, that's what I understood the Motion to mean at that time. I don't particularly like the way they are treating you but that isn't our argument,it appears to me, I think that's your argument with Ada County and we told you to get that worked out before you get a building permit in that Motion, that's the way I understood that Motion to read, and I think by issuing a building permit we had assumed it had been worked out." Schenck: "O.K., I was told by the Mayor that night and I have been told a couple of timessince then, just like you said - that is my fight with Ada County. So all I'm asking at this point is let me fight it out. Ada County tells me that they are nothing more than an advisory board and you (Council) can do,whatever you want. And then you come back and tell me, well, I really can't do anymore than what Ada County wants." Kingsford: "That's not exactly what we said - we said that you could do it as lona as you iron it out with Ada County Highway District." Schenck: "We have been doing that." Kingsford: "But the Motion read that we agreed to those variances and setbacks conditioned to your meeting Ada County Highway Districts, which you didn't do or haven't done, we just became aware of in essence three weeks ago." Schenck: "That's when I became aware that I had a problem because I was granted the building permit. The attorneys indicate that we are trying to work it out with them, declaratory judgement and other things that's a possible means that we can. All we're asking from you (Council) at this time is equal treatment." Brewer: "Reynold, are you not wanting that after the fact?" Schenck: "I told you the night of the meeting that I wasn't going to give them the right-of-way. That was my statement in the meeting, that I would not give the right-of-way and I was told that was between me and Ada County. So we have been trying to solve that to the point of appeals, I was in appeals before you knew we had a problem." Meridian City Hall .4. July 20, 1981 Agenda 2 (Cont'd) Schenck... Kingsford:,: "Like the Mayor said that's between you and Ada County Highway, we have to live with Ada County as they take care of our streets. We are going to uphold them I think, as stated in our minutes." Schenck: "Even to the point of being inequality among the law?" Kingsford: "We are not being inequality. If you are saying that they are inequality it's the Highway District - you're suit is against the Highway District." Brewer: "Our streets are all deeded to Ada County" Orton:"We don't have any jurisdiction over those matters, when we subject our approval to their (ACHD) approval I think it's very plain - we even referenced to the letter in the Motion and the letter says "to provide". Our Motion was clear - they have the authority of making request approvals in the right-of-way." Schenck: "But every town has their. own authority'to accept or reject it." ".aJhere do we'go from here. Treat me equal, either pay me the condemnation bucks or let me build just like Home Federal built. Why am I different?" Kingsford: "I',,tagree if what you say is true, I have sympathy for you but still that's not our"s'ituation at this time." Brewer: "We haven't given Home Federal a thing that we didn't give you." Kingsford: "We gave them approval contingent upon Highway Districts standards." Schenck: "Yes,'and if they want the'ten feet on Franklin at a later date when they expand the road, Ada County will have to buy it (from Home Federal)." Kingsford: "You have an excellent case, but it isn't with us." Schenck: "O.K., all I'm asking for is the opportunity to finish it off because you know that with something like this there is'no way it's going to be settled in 10 seconds,or less - and it hasn't been, I've been through this for three months now." Orton: "The option that the Highway District offered you, deeding it to them and then suing them to get it back - you were going to sue them anyway, it may be the burden of proof is a little bit different.:" Schenck: "Would you give your car to me and then sue to get it back?" It's the same difference." Orton: "I think they have you in a different position than that." Schenck: "We're talking about inequality among civil rights here." Kingsford: "You agreed to the conditions of the Motion" Schenck: "No I did not - I said in that meeting that I would not give up that right-of-way" Kingsford: "Right, and the Motion was that we would.grant you a bwilding permit condition to you meeting their requirements." Schenck: "I still have this,!bat tle with them (ACHD) and as long as I can go I'm not going to give up that property." Kingsford: "The best I can offer you is good luck because it isn't with us. "Am I wrong Counselor?" Crookston: "You're right." Kingsford: "If you can get Ada County to drop all of that - then great. They will send us a letter that will indicate they are withdrawing their letter." Schenck: "What do we do about this stop order?" Kingsford: "As .far as I'm concerned it's still in force." Attorney Stan Welsh: "I think all he is really asking you to do, and you have i already answered it, that the debate is not with the City of Meridian but with the Ada County Highway and their procedures are. Based on our initial review, which has been very limited,just today, that he has an excellent position. We are not arguing with Meridian, he doesn't want to argue with Meridian, that is why he asked'to be placed on the Agenda. Although there was a stop order placed no action has been taken against the property yet and we would like to avoid that until he can proceed in all due haste against Ada County Highway District and i. have the Court resolve the issue.; That is all he is really asking you to do, ; delay doing anything from your standpoint. I realize the action is already taken but we would like you recind that,. which is asking to delay any action until the Ada County Highway problem is dissolved with assurances that he will proceed immediately to do that." Brewer: "Ada County owns our streets, the right-of-ways, access, and:, always have � the legal entities and we have to live with these people everyday to get our holes patched. We have to stand by them too, I just don't see how we can recind (` that red tag from that standpoint. r s .Now= Meridian City Hall .J July 20. 1961 Agenda 2 (Cont'd) Schenck... Attorney Stan Welsh: "I understand that and I appreciate the concern and the predicament that you're in. I think if you look back at what occurred it's easy from your prospective to visualize what you thought you intended from the motion. It's understandable at the same token that Reynold, when he was told that the fight was between him and the Highway District that he understood that it wasn't a matter of him given it to them. He has proceeded even to the extend of trying to resolve it with them and still want's to do that. What I'm saying is without having the City of Meridian have to get in the position with the Highway District where you own services are jeopardized that you allow Mr. Schenck to resolve it with the Highway District without taking any further action against him." Kingsford: "Wouldn't that be feasible through the courts, that they would grant a continuation for him to go on until that was resolved?" Welsh: "That would require action against the City of Meridian and he want's to avoid that." Kingsford: "He,,.couldn't record one against the City of Meridian, again the battle is with Ada County Highway." Welsh: "I understand that, the City of Meridian has now issued a..." Kingsford: "Because of a motion, we -will support that motion that he has to comply with the Ada County Highway District's regulation of that letter. So, if the court would say continue that until such time as the decision is made, we don't have any problem with that, even with the red -Vag I'm certain." Welsh: Again, the only concern that I have from Schenk's standpoint, is whether that could be directed to the City of Meridian without the City being joined in a law suit." Kingsford: "All we're saying is that he comply with the Ada County Highway District's regulations and the court says they will cont4n ue those regulations, we have no problem." Attorney Crookston: "I think Mr. Welsh is right in that the City would have to be joined as a party because they were the one that acted on the red tag. Gary brought up a point, in order to give Mr. Schenck some operating room and still live within the Council's motion would be to remove the red tag and put a "no occupancy" giving him sometime to finish the building and may give him some time to work out his problem with Ada County Highway District. i think, the tender of the deed of that portion will result in the Court letting it go ahead and let us -dight it out. if he would tender deed to the court, that's all they are asking for, if the Highway District wins all they '-a:ve to doffs haver -him produce the deed - the deed is in court and the bonds to do the work are already there - i don't see why the court wouldn't order even to remove the occupany, apparently there is nothing wrong with the building. I think the Council was correct in saying the motion was that he comply with the Highway District, but that was the alternative for giving S0e6 &� some room at this moment to finish the building." Orton: "That procedure, crudely put, would be that he would deed the right-of-way or put the deed in the courts trust until after the issue is settled In the court?" Crookston: ('indi'cates a nod yes) "5a.me kind of situation if I owe you money that I don't think I owe to you, I can tender.', it to the court until we decide our L di-Iferences. Whoever° wins gets the money. Orton.- "Certainly seems to be a 'fair way to solve it." Kingsford: "How do you feel about that Reynold?" Schenck: "I offered that to them already as I told you, I offered this as a joint tender in the courts until it was done. I have no problem in putting it in the court system." (Kingsford announced a two minute recess while Councilman Brewer left the Chamber) Kingsford: "Meeting called back to order" Gary Smith: "Mr. Ray Putman, Ada County Highway, indicated to me that any request that ACHD makes to the City of Meridian is in the form of a recommendation. If the City wants to adopt that as it's presented or a.variation thereof, it's my under- standing the City has the right to do that. In the past it has been adoption of ACHD recommendation's. One thing we run into, particularly on deeding a right-of-way, is future cost of acquiring the right-of-way for street improvements - you dont know how far away that is, it may be twenty years and it may be five years. And so the Meridian City Hal' .6. duly 20, 1981 Agenda 2 (Cont'd) Schenck... money that's put forth if that right-of-way isn't deeded in the beginning increases and comes out of the tax revenues. I would suspect unless we had a very good reasons why we shouldn't do what Ada County Highway District recommends we may end up in a dog fight." Mr. Putman stated that was just a recommendation to the City rather than a request." Kingsford: "Reynold, when do you expect to apply for an occupancy permit?" Schenck: "Probably tomorrow." Kingsford: "So it is not going to help you if we change and forbid an occupancy permit instead of a red tag?" Schenck: As far as an occupancy permit versus a red tag I probably have a problem with that because everybody will be in by Tuesday. I have to put the people in to get the rent coming in and make the payments on that place - I can't let it sit." Orton: "Reynold, how quick can you take that sort of legal action that Wayne went through - put the right-of-way in ownership ofhe court, or tender of court." Stan Welsh, Atty.; "We could probably file it tomorrow I understand the urgency but from our possible perspective not until the end of the week." Kingsford: "In terms of reality, we're not going to grant an occupancy permit as long as there is a red tag - he's not going to get very much rent if there's no water." Welsh: "I understand tlhat, that is why we are here tonight,to ask you not to take any other action, such as stopping water." Brewer: "I haven't talked to all three Commissioners but they the same as told me stat if we bucked them on this we can look for a lot of trouble. When it comes to Ada County and our streets we are definitely bumping heads,, that's all there is to it." Schenck: "What about my equal rights, Bill?" Brewer: "I can't help but think Reynold you're equality thing come about after the fact and I think if you wiill be honest with yourself, you found a lot of this after the fact - when we made our motion. It all came to light after that. I'don't blame you for wanting to tread water back upstream but as far as the Council and myself are concerned..." Schenck: "I said I would not give them the right-of-way at that meeting so there- fore in my mind I am not backing"upstream - I said no right then and just hand it over to them.' 'I knew that Home Federal hadn't granted it then, the $2.00 showed up later. And with the Nebraska Supreme Court saying taking property for future development is unconstitional without just compensation. I'm asking for the opportunity to take this to the Supreme Court. If you guy's strap me like you're talking about, shuting the water off and these things, all ,you're going to do is break my back - you're not even going to give me a chance to hassle it. I'm not trying to hassle Meridian all I'm trying to do is make this right." Kingsford: "Here's what I think might be more advised for us - leave things as they are, the water is turned on currently and if nothing happens it will be handled with the turn-off list at the first of the month. Is there anything wrong with that Counselor?" Crookston: "It would still leave him without an occupancy permit" Kingsford: "Can't give an occupancy permit if there's a red tag" Schenck: "What do I have to do to pull the red tag?" Kingsford: "Meet the requirements of the motion." Crookston: "Even if the water is o,,^,supposedly if he doesn't have an occupancy nobody can move in anyway. I haven't researched the building code or the water code to know if there is no occupancy permit, whether or not you .an turn the water off. I don't think the way you suggested is the proper way to handle that." Kingsford: "But if he has occupany without an occupancy permit and we turn the water off, we would be just in turning it off because he had not been granted an occupancy permit." Crookston: "If that's how the regulations read, that's right. I'm not sure that they do." Kingsford: "The Council's decision?" Orton: "I don't see that the compromise that we have tried to come up with does you any good because of your timing, and frankly it's about the only thing avail- able to us. If you are going to try to occupy tomorrow, that won't work. And if Meridian City Hall Agenda 2 (Cont'd) Schenck.... Agenda 3 b 7. July 20 you can't get your law suit filed before the end of the week, or the first of next week, I'm not prepared to take any action on it at all - I would prefer to leave it stand, the compromise won't work and I'm not going to compose it." Brewer: "I agree to that." ' Kingsford: "There is no need for a motion." Reynold Schenck and Attorney Stan Welsh left the Chamber at this time. HEARING - Meridian Junior Rifle Range Ross Hadfield was present to represent the Meridian Junior Rifle Club, requesting construction of a rifle range in the basement of'136 E. Idaho, Old Bazaar Bldg) Kingsford: "Hearing is now open" Hadfield: "I`ave been an instructor for the Junior Rifle Club for some 20 yrs. Jim Potter has graciously consented to use the basement of his building for a Junior Rifle Range. When we were in the Old Modern Woodmen Building, and even though in the daytime there, none of the people upstairs could hardly hear anything going on so there is no problem with noise. We will be putting in probably about six twenty-two lines, air rifle. We have to do some remodeling." Kingsford: "How many people do you have at any one time?" Hadfield: "Over the years this is the largest Junior Rifle Club west of the Mississippi. We had on the upwards off' 110 kids and the last Meridian High School graduating class, out of 537 kids graduating 51 of them had been in our program." Kingsford: "How many at one time would be in that building?" Hadfield: "Generally about 10." Hadfield explains schedule at this time. Orton: "Are you prepared to go ahead and meet the codes as stipulated?" Hadfield: "I haven't seen the things requested but I think we can come up to meet the codes. Bob Nelson was the one that knows that." Brewer: "You are speaking in terms of meeting all requirements?" Hadfield: "Yes" "The main thing would be the cost of it. Naturally it's a benevolent thing. From about 1968 to 1978 I had about $600.00 of my own money to keep this program running, until we managed to work ourselves out of the hole that the Federal Governmentiput us in. Previously we have had the kids pay so much a year then at the end of the year we would buy trophies, so maybe we would have $10.00 to start the next year. We were gambling on that then all of a sudden in 1968 the Government didn't supply us with ammunition. We were going through 100,000 rounds a year - that's a little better that $1,000. It took us several years and back where we half way solve it now. There is no problem putting in a smoke evacuation system." Kingsford: "They are talking about Fire sprinkling." Brewer: "You are not over 1500 sq. feet, you're not required to sprinkle, is that correct?" Hadfield: "No, is that what they refer to there?" You want to remember, since 1923 since any injury was occured on unapproved NRA Range, and we have to be approved by the"idA—w.have to send them our plans, etc." y Brewer: "I want to make sure, if we make a motion we may have to go against our Building Inspector." Hadfield: "We want to work with him, whatever he wants us to do I'm sure we'll do - it might take us some time to round up all the material." Kingsford: "This is a public hearing, are there any comments from the public?" Fire Chief Welker: "I want to make sure that Ross understands the expense involved in bringing that up to Code. $ringing that basement up to Code is going to cost lots of bucks, because when you put in an automatic sprinkling system, fire doors and everthing involved - about a 1.00 per square foot." It costs a lot of money to bring an old basement up to Code." Fire Marshal Skip Voss: "Also, on that basement - that basement covers the whole building size so it is of considerable size." Commission Meeting - July 9, 1981 Page 3 Boise City Conditional Use - CU -42-81 - Boise School District (Continued)__ see if they would oarticipate in building the sidevralks, cuirb, end' gutter: ACTION: SUBDIV1SIdN REVIEW �- SUBDIVISIONS - PRELIMINARY PLATS Nofth End Townhouse - Keit„ Jacobs presented the pl at =and 'expl ai ned j � ha �, ,i;n she lot split, the Highway District has required that die a1ley ey behi-nd. ,th prpr 6sgiQ townhouse be paved. The developer, Gary,Laursen, is requesting that.the require- went be deleted. After much discussion, Commissioner Jeppesen said that he Feels the cost for the paving is too excessive for that small &,' Bevel o'piii&Yi and moved that the appet! be granted. Commissioner Jackson seconded. Discussion held concerning the area involved with regard to other alleys Q - lc us'e 'oi' the' al l ey. Commissioner Jeppesen called for the question. All, three Commissioners, voted aye. Motion carried unanimously. SUBDIVISIONS - FINAL PATS North End Townhouses - Keith Jacobs stated that since the'Commisston do eted the requirement for paving the alley, all other requirements have been,,met, and he recommended that the final plat be approved and that the'Chairman of the�'Commission be authorized to sign the plat: Commissioner Jackson moved -for approval of the final Mat for North End Townhouses, and for authorization for the Chairman of the Commission to sign the final plat. Commission!r Jeppesen seconded. 'Motion carried unanimously. RESOLUTION NO. 175 - REVISION OF ORDINANCE 50 AND 51 - Discussion held concerning subject resolution: which revises Ordinance No. 50 and 51 Terry Connell .explain`ed, that the purpose of this Resolution is to revise 50 and 51, to make them more_. workable and to update the policy. Discussion held: Commissioner Jeppesen moved that Resolution No. 175 be approved as written. Commissioner Jackson seconded,.-.. Motion carried unanimously. C. W. MOORE PARK - Jack Cooper, Boise City Parks Dopor4merli, 'brought in a graphic showing the way the park will look.after it is buil:. die �xpA���ed iha-� 1'� is :� two lot park at 5th Street and Grove. Much discussion hold''cone-nang'the:park. Mr. Cooper stated that he appreciates the cooperation the Highway District'�,has shown in helping to fund this park. They hope to be ;ender constructioniq date August or early September. DIRECTOR'S REPORT enol d Schen r < Appeal - Gary Funkhouser expl ai ned the reason for Horne Federal Savings no c be�7g s_equ i red to dedicate public i ght-of=way, that being that the Highway District was not reviewing Conditional Uses at t6 -sat time. He stated that it slipped by because the process had hot been set up with the.City of Meridian. He further explained that the Highway District has recommended the dedication of right-of-way and the installation of improvements and the City of Meridian has made that recommendation a condition of the Conditional use. The Mayors still asking for the requirements as recommended by the Highway District unless the, Hic'nway District Commission wants to reverse their previous decision.. CommissiIner Jeppesen explained that even though the one develop -ren -l: was missed, he feels we should stand by the policy and require the dedication of the right-of-way., Mr, Commission Meeting - Jul, 1981 • Page 4 Schenck asked about the offer made to the property owner on the corner, and 'about the Supreme Court decision in the State of Nebraska. Commissioner Jeppesen stated that the Supreme Court decision is definitely different from this one in that there is a plan for the right-of-way which is being taken. Mr. Funkhouser explained. that the property owner being offered payment for right-of-way is•on a corner, where the intersection is being improved for safety reasons, and the property involved is not being developed. Mr. Schenck does not object to giving up the right-of-way, only the fact that he is not being compensated for it., He then asked the Commission to allow him to deed the required right-of-way over in his name and the Highway District's name, to be put in a Trust Fund, and to take it to the Supreme Court and if he loses, he will sign it over to the Highway District, and if he wins, the HJ ghway District will pay him for the property. Gary Funkhouser recommended that it would be better for Mr. Schenck to take the Highway District to court and we would give him back the property if the court decides in his favor, rather than to enter into any agreement with the property owner. The Commission agreed that there was no need for a vote on the subject appeal, since the decision of the Board remains the Same, that the recommendation to the City of Meridian is to ask for right-of-way and improvements for his Conditional Use. Change Order - Linder Road Project - Gary Funkhouser explained the request for the change order and the need for same. Discussion of the project followed. Commissioner Jackson moved for approval of the Change Order for the Linder Road Project in the amount of $4,985.00, as presented. Commissioner Jeppesen seconded. Motion carried unanimously. Change in Policy - Obstructions within the Right -of -Way - Frank Capshaw presented pictures of mailboxes in the public right-of-way that, under the,existing policy, would have to be removed. He asked for authorization to change the policy to allow him to make the decision on whether or not they should be removed, subject to confirmation by the Director. Discussion held. The Commissioners directed staff to write letters inviting the homeowners involved to apply for a License Agreement allowing the mailboxes so that the Highway District is held harmless if someone should run into the mailboxes. Commissioner Jackson moved that the policy for removing obstacles from the right-of-way be amended to allow the Director to make the decision as to whether it is necessary to have the obstacles removed, rather than to bring_ it to the Commission. Commissioner Jeppesen seconded. Motion carried unanimously. ACTION: TRAFFIC ENGINEERING Contract for Paving the Yard behind the Traffic Building_ - Subject contract was approved last week. Gary Funkhouser presented the document for signature. Letter from Boise Cit, Mayor Dick Eardley - Discussion held concerning the subject letter copy attached), requesting that the rocks be left in the median on Harrison Boulevard. After much discussion, it was agreed that the rocks be left in the median as requested. Sight Obstruction - Bike Pa -Ch - Mountain View and Bond - Commissioner Jeppesen reported a sight obstruction on the bike path on Mountain View and •Bond and asked staff to check into the problem where the rose bushes are located. ACTION: TRAFFIC ENGINEERING I I t Meridian City Hall Agenda 4 (Cont'd) July 6, 1981 payment in July,and one-half the balance in August, balance to be current in September. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Mayor Glaisyer: "Is there anyone else for the pre -termination hearing?" No response "Due to their failure to pay their water bill or to present and valid reason why the bill has not been paid, their water shall be turned off on July 9th, 1981 In order to have their water turned back on, there will be an additional fee of $10.00. There are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Williams and seconded by Orton that the delinquent users of water and sewer have their water service shut off. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Kingsford, yea Agenda Bills 5 The Motion was made by Kingsford and seconded by Williams that the bills be allowed. Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea; Orton, yea The Motion was made by Kingsford and seconded by Williams that J -U -B Engineers, Inc. Statement No. 3 1981 HUD Application bill in the amount of $225.00 for professional services be paid from the Block Grant account. Motion Carried: Williams, yea; Kingsford, yea; Orton, yea; Brewer, yea Agenda 6 OTHER BUSINESS: Agreement by and between SANITARY SERVICES, INC. and BOISE COMPANY (previous Boise Cascade Corp) and the CITY OF MERIDIAN. Attorney Crookston: "I think this contract is in order, it is just a matter of approving the situation of him (Mohammad Sanitary Service) performing on a outside basis. All the billings will go through the City, the City will collect his collection fee. Mohammad Alidjanini explained the agreement for the trash hauling for Boise Company. The Motion was made by Kingsford and seconded by Williams that the City Council approve the agreement between Boise Company, Sanitary Services, Inc. and City of Meridian. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea. Agenda 7 MUNICIPAL BEER AND WINE LICENSE FEES Mayor Glaisyer read the passage of S.B. 1010, amending Sections 23-1016 and 23-1315, Idaho Code increasing the maximum ceiling for on premise sales (bars, etc.) from $100 to $200 and the off premise sales (grocery stores, etc.) from $25 to $50. - The Motion was made by Kingsford and seconded by Brewer that the City Council increase the City Beer and Wine License fees to $200 maximum for on premise sales and $50 maximum for off premise sales, and that an Ordinance be drafted. Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea; Orton, yea Agenda DEPARTMENT REPORTS: 8 Bldg. Inspector Vernon Schoen: "In reference to Rey -hold Schenck Office --Complex on Franklin and Meridian Roads the Ada County Highway, in the City original minutes the City gave the setbacks and variances providing Schenck met with Ada County Highway's request. Possibly the on-site drainage will not be a problem but Mr. Jacobs N' Ys t I t Meridian City Hall .7. Jud 6, 1981 Agenda 8 (Cont'd) is concerned about the right-of-ways, they can't work with him (Schenck) and are going to go all the way and take it to court. I want to know if the Council want's me to "red tag" the project or hold up an"occupancy" - or whether our Attorney would advise us to drop it and let the Ada County Highway and Schenck settle as they should." Gary Smith, Engineer: "I don't know if the Council is aware of what has transpired or brought all of this to a head. I have also been in contact with Reynold Schenck and ACHD about two weeks ago. Reynold Schenck was in City Hall while I was here one morning and we met and discussed this for a moment. Part of the problem between Schenck and AND is that they want a certain amount of right-of-way dedicated to them from his property, and he is not willing to dedicate that amount for no fee. He want's to reimbursed for it. At the time the project was approved by City Council he indicated that he was losing approximately 15% of his land in dedication to ACHD and was excessive for the reimbursement that they were willing to give - which was nothing. At the time of City Council approval that project was based on acceptance of ACHD's recommendations which included dedication of the right-of-way. Prior to that time Mr. Schenck has submitted a site plan to ACHD for approval and AND has reportedly sent that back to him, I have not seen it, with comments and he did not resubmit it. Then Mr. Schenck went to AND to get a permit to operate in the right-of-way which means he needed to make the connection from the parking area to the pavement from both Meridian Street and Franklin Road. ACHD withheld that permit based on his noncompliance in the past, on site drainage plan, dedication of right-of-way, etc. At the time I met with Mr. Schenck I read a copy of the minutes that stated that your approval was based on ACHD's recommendations. Further dis- cussion with ACHD indicates that the City can accept them, the City can reject them, modify them as they are recommendations only. I have not talked to Mr. Schenck since that meeting and I have not talked to ACHD. I believe that on Meridian Street the setback variance is 10 feet from the existing right-of-way line of 30 feet from the center line and I believe AND want's another 5 feet. In the future it may be necessary to widen Meridian Street, install a left -turn lane or they may install a signal light. If a dedication is not carried forward at this time then its difficult to settle in the future as far as getting that dedication is concerned. So Mr. Schenck feels that AND owes him something for the property and at this point of time they (ACHD) are not relenting as far as granting his right to work in the easement, therefor he cannot make a paved connection. I can't speak to the legal end of the situation." There was much discussion concerning the right-of-way width along Franklin. Schoen stated that the request was for 5 feet along Meridian Street and 7 feet along Franklin. (Tape on file) It was the feeling of the Council to stand on the Motion made granting the variance with the stipulation that Schenck comply with ACHD's requirements. The Motion was made by Kingsford and seconded by Brewer that the Reynold Schenck Business Complex building under construction be "Red Tagged" by the City Building Inspector. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda 9 Engineering Report: Engineer Gary Smith recommended approval of a bill from Water & Waste Water Equipment Company for Project Items in the amount of $446.11. Smith stated that the items were reimbursable. Invoice dated 1.9.81. The Motion was made by Kingsford and seconded by Williams that the bill from Water & Waste Water Equipment Company in the amount of $446.11 for project items Waste Water Plant be paid and that the funds for payment be transferred to the Construction Account. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Gary Smith reported that he had received a telephone call from Dennis Burton concern- ing Meridian Business Industrial Park. Smith displayed a map and explained the request to phase develop the Park. They will start on the West boundary on Franklin and go up to what would be East Fifth Street, up to King Street and then East for 760 feet and then south to Franklin, back to the point of beginning. Burton has ,L ADA COUN*f HtGH'` AY Dl -� t h CHARLES L. WINDER, PRESIDENT KARL JEPPESEN, VICE PRESIDENT BOISE, IDAHO SZ704 LAWRENCE C. JACKSON, SECRETARY PHONE, 304.4050 r 9 9 Jacobs, Ray Putman, Ron Cotterman, Mar C4 -rue, Alice Sinsel. t Commissioner Jeppesen -opened the meeting and stated that Commissioner Winder I. is out of town this week. EAGLE ISLAND ACCESS `=,D DISCUSSION - Commissioner Jeppp asen stated that he feels TF -at when the park is built it will be a definite benefit to the whole community i' but that with the Highway District funds being what they are, he feels 'that the. Highway District cannot build the road to the park. Dale Christensen of the Parks Department stated that the Parks -Department has a. very restricted budget also and if they have to expend very much on,the road -- way, the possibility is that°the project will have to be scrapped. 'e le said they feel that the total development of the park may be twenty years down the line. He asked for clarification of what specifications,the Highway District is requiring. Terry Connell explained that.%.he Highway District would only, be requiring a widening and hard surfacing of the existing roadway to make it safe. It would be a country road construction of 24' paved surface with shoulders,and� a barrow. Discussion held concernin-g the costs that would be involved with the development of the park and the roadway to it. Also discussed was how the funds might be raised by use fees for the park. It was determined that the Parks' Department should work further with the Highway District staff to see what kind of figures would be required and what specifications could be used,to.make the roadway adequate for development of the park. Parks Department to work with Keith Jacobs on the specifications for the roadway. Commissioner Jackson stated that he is anxious for the park to be de+eloped`and, hoped that the Highway District could play a part in expediting the development. Keith Jacobs explained than: the Highway District is requesting. only the minimum specifications of a 24' paved width with 3' shoulders on either side and'a barrow ditch. Discussion held. Parks Department to work with Highway District staff.' APPEAL - REYNOL 5CHENCK_OFFICE COMPLEX - Reynold Schenck attended to explain his reasons for appealing the requirement by the Highway District to dedicate right-of- way on Franklin Read and Meridian Street in Meridian. He stated that Home Federal Savi gs was not required to donate right-of-way when they developed, their .parcel'. He further sta;ed that the rig, -,t -of -way requirement takes 10.5% of his total property, and feels he should be compensated for that take. Discussion.,.followed,. Mr. Schencke 2xpl ai ned -C-hat a prc;� erty owner in the same vicinity has beeni,' o Y , ered money for right-of-way the Highway Di sari c -C. needs for a new s vgna1;.. He fufther stated that l andbanki ng or acquiring land for possible future ;ase -Wi i;hou-� us'4* ' compensation has been ruled illegal according to the Nebraska Supreme Cou,r.t..,,He Minutes of the regular meeting held aIuly 2, 1981, at 12,00 Noon, in the offices of the "Ada County Highway District, 318 East 37th Street, Boise, Idaho'. Commissioners Jeppesen and Jackson present. J Eleven citizens present. Ada County Hi hwaY �`bistrict staff present: Terry Connell` Frank CapshaW,'Keith 9 9 Jacobs, Ray Putman, Ron Cotterman, Mar C4 -rue, Alice Sinsel. t Commissioner Jeppesen -opened the meeting and stated that Commissioner Winder I. is out of town this week. EAGLE ISLAND ACCESS `=,D DISCUSSION - Commissioner Jeppp asen stated that he feels TF -at when the park is built it will be a definite benefit to the whole community i' but that with the Highway District funds being what they are, he feels 'that the. Highway District cannot build the road to the park. Dale Christensen of the Parks Department stated that the Parks -Department has a. very restricted budget also and if they have to expend very much on,the road -- way, the possibility is that°the project will have to be scrapped. 'e le said they feel that the total development of the park may be twenty years down the line. He asked for clarification of what specifications,the Highway District is requiring. Terry Connell explained that.%.he Highway District would only, be requiring a widening and hard surfacing of the existing roadway to make it safe. It would be a country road construction of 24' paved surface with shoulders,and� a barrow. Discussion held concernin-g the costs that would be involved with the development of the park and the roadway to it. Also discussed was how the funds might be raised by use fees for the park. It was determined that the Parks' Department should work further with the Highway District staff to see what kind of figures would be required and what specifications could be used,to.make the roadway adequate for development of the park. Parks Department to work with Keith Jacobs on the specifications for the roadway. Commissioner Jackson stated that he is anxious for the park to be de+eloped`and, hoped that the Highway District could play a part in expediting the development. Keith Jacobs explained than: the Highway District is requesting. only the minimum specifications of a 24' paved width with 3' shoulders on either side and'a barrow ditch. Discussion held. Parks Department to work with Highway District staff.' APPEAL - REYNOL 5CHENCK_OFFICE COMPLEX - Reynold Schenck attended to explain his reasons for appealing the requirement by the Highway District to dedicate right-of- way on Franklin Read and Meridian Street in Meridian. He stated that Home Federal Savi gs was not required to donate right-of-way when they developed, their .parcel'. He further sta;ed that the rig, -,t -of -way requirement takes 10.5% of his total property, and feels he should be compensated for that take. Discussion.,.followed,. Mr. Schencke 2xpl ai ned -C-hat a prc;� erty owner in the same vicinity has beeni,' o Y , ered money for right-of-way the Highway Di sari c -C. needs for a new s vgna1;.. He fufther stated that l andbanki ng or acquiring land for possible future ;ase -Wi i;hou-� us'4* ' compensation has been ruled illegal according to the Nebraska Supreme Cou,r.t..,,He Commission Meet,irg -,0y 2, 1981 s Page 2 was not objecting to giving up the right-of-way, only that he is not being compensated for the property. Much discussion followed. Commissioner Jeppesen explained the requirement for additional right-of-way when a new development goes in. Keith Jacobs explained that the City of Meridian has just recently been sending the Conditional Uses through the Highway District for review and comment, and that Home Fe(e ral Savings was probably built before the Highway District was reviewing the pians. The Commission took the subject under advisement and stated that they will notify Mr. Schencke of their action.. Keith Jacobs to check to see why Home Federal Savings was not required to donate right -of, -way for their development. Discussion held. The Commissioners agreed that this developer should not be treated any differently than other developers and instructed staff to check into the whole area to see if there is any reason the right-of-way should not be required. ACTION: SUBDIVISION REVIEW SUBDIVISIONS - PLATS Palace Heights No. 2 - Keith Jacobs presented the plat and explained where the deve opment will -be located. He recommended approval of the plat. Commissioner Jackson moved to approve the plat for Palace Heights Subdivision No. 2 and to authorize the Chairman of the Commission to sign the plat. Commissioner Jeppesen seconded. Motion carried unanimous':y, Five Mile Professional Park - Keith Jacobs presented the plat and recommended approval. Commissioner Jackson moved to approve the plat for Five Mile Professional Park as presented and to au'rhorize the Chairman of the Commission to sign the plat. Commissioner Jeppesen seconded. Motion carried unanimously. SUBDIVISIONS - ON THE TECHNICAL REVIEW COMMITTEE AGENDA OF JUNE ?41_1981 Keith Jacobs asked if the Commission had any problems or questions concerning the proposed developments as presented on subvect agenda. The following were on that agenda: 'Zegent Center No. 1 - Preliminary Plat; A-2-81 - The Canus; RZ-6-81 - John Farley and Michael Dilworth; RZ-7-81 - Michael Messina; RZ-8-81 & Cts -45081 - Sherman Heights; RZ-9-81 - Jamac Company; CU -41-81 - Gary Kurn; CU -42-81 - Boise School District; 'U-44-81 - Edgewater Group; CU. -46-81 - David Pavlis; CU -47-81 - Ken Acuff. The Commission agreed with staff Requirements/Comments on all above as presented. SUBDIVTSIONS - PRELIMINARY PLATS North End Townhouses - Keith Jacobs presented the plat and explained,__the require- ments. Discussion held. The Commission agreed with staff Requirements/Comments as presented on t"re July 2, 1981 Subdivision Plat Agenda. SUBDIVISIONS - ADA COUNTY CONDITIONAL USES 81 -24 -CU - Pete Comae - Keith Jacobs recommended that the requirement to deposit to the Road Trust f=und should be deleted because of the location of the proposed development, but recommended that the developer be required to - provide the dedication of right-of-way. The Commission agreed with staff recommendations. • ADA COUNTY HIGHWAY DISTRICT MICHAEL WARDLE, PRESIDENT (CARL JEPPESEN, VICE PRESIDENT CHARLES L. WINDER, SECRETARY April 27, 1981 Keith Inveless Loveless Engineering 3330 Grace Street Boise, Idaho APR 2 & 1 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 384.4050 Re: Reynold Schenck Office Complex Meridian CU Dear Mr. Zoveless, 1Ihe Highway District is unable to approve the plans as submitted. The District needs the richt-of-way for both Franklin and Meridian Road and the street improvements. This is a necessary step to promote safe public transportation as set down in the District Policies. In addition, the Meridian City Council granted Mr. Schenck's setback variances provided "that Schenck comply with Ada County Highway District requirements as outlined in the letter dated October 22, 1980," and other city conditions. This quote is from the Meridian City Council meeting minutes of November 3, 1980. The letter of February 11, 1981, by Mr. Stu Rich, is in error. Condition No. 2 of that letter is stated incorrectly. The October 22, 1980 letter correctly states the District's position. If you have any further questions, please contact me. Sincerely, KeiWa,., E.I.T. Design & Review Engineer KJ: sj 1 cc: Reynold Schenck Meridian City Council File Ava,fAno OFFICIALS LA WANA L NIEMANN, City Clerk, A. M. KIEBERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. 0 HUB OF TREASURE VALLEY � A Good Place to Live ` `� I T MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888-4433 JOSEPH L. GLMSYER Mayor April 27, 1981 COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L SHARP Chairman Zoning & Planning Mr. Reynold Schenck 2855 Magic View Meridian, ID 83642 Dear Mr. Schenck: Your account has been brought to my attention as being delinquent. Specifically you owe the City of Meridian $100.00 for granting a variance for your new office building. Please remit the amount due at your earliest convenience. If you should have any questions please contact me. Best Regards, Joseph L. Glaisyer MAYOR CITY OF MERIDIAN JLG:ln cc: File 4�. Meridian City Hall .3. November 3, 1980 Orton brought up Settlers Village action in regard to smaller unit dwelling and if they (Settlers Village and Sheri Lynn) were about the same legally. There was much discussion concerning the difference. Attorney Crookston explained that Mr. Harper's Subdivision covenants were adopted with a certain standard, which he agreed to; Settlers Village never did have the 1,350 square footage requirement," Crookston: "If they (Settlers) were allowed to be platted with covenants that had to be approved, that was one of the conditions - 'you bring the covenants to us so we can approve them' - if they come in and replat and they want to change their covenants, then you have to approve their covenants. The two are not the same as you are talking about something that had a restriction - Mr. Harper's has a restriction, Settlers Village had no restriction. They are in essence two different ideas." Harper questioned the 1,350 square foot policy, stating that this policy has crippled them and costing him more money a week in interest alone. Mayor: "Are you clear on what has happened tonight?" Harper: "Yes, I'm clear. If we go ahead and start out,there and our first home is 1;350,, you have to give us a building permit -" Mayor: "Correct." Harper: "And then when you people finally get to your zoning ordinance, then I can bring this in and it has to be accepted." Mayor: "As far as I'm concerned." Harper: "What about the rest of you?" Orton: "It's certainly the way I feel." Harper: "OK, thank you very much.. Agenda 2 Reynold,Schenck Variance - located NE corner of Franklin and Meridian Rd7 . Schenck was present to request variance of rear setback on north property line and 10 foot setback on the west and east side of proposed building in Williams Addition. Plan was displayed and Schenck stated he had checked with Ada County Highway District concerning Williams St. There was no record of Williams St. being dedicated. Mayor Glaisyer stated that the Fire Chief is concerned about Williams St. for access. There is a 4 inch water line through the middle of what would be Williams St. _. In regard'to the. Ada County Highway District letter dated October 22, 1980 Schenck: "I have a problem with deeding them 1.01eet of additignal right-of-way - I have no problem doing what they ask, but deeding it over is the problem. That comes up to almost 15% of that total piece of property, just handing it over to them - they want 10 feet on Franklin and 5 feet on the other side on Meridian Rd. as a right-of-way. I have no problem with complying with what they want, the sidewalks, the switching station, its the deeding of 15% of my property that's the problem:' Williams: "I think from the standpoint of further development,obviously if they don't get the right-of-way, either Meridian Rd. or Franklin Rd. will never be improved to handle; - the traffic that will be down there some day. My major concern is not your building to the property line per sae, but I have a feeling that the person owning this land to the north is going to sell the other portion off and we are going to have a 50 or 40 foot right-of-way, whatever Williams St. is - you will have your building here and they will have their building there and there will be a pile of junk in the middle - it will never get improved, or even graveled. 'I'm concerned about the utilities that are there now, access to those utilities access for fire through the back part of this property, realiz- ing only half of this is your responsibility. I seriously question whether you need to lay a full curb and gutter, a sidewalk - I would hope that this would be somewhat improved. for fire, police and utilities." Brewer: "Would you be willing to improve half of it, blacktop up to your building?" Schenck: "And utilize it for parking? Brewer: "Not and have it open for fire protecti-on. It seems it would be an improvement for the back of your building." Williams: "Maybe parallel parking." Schenck: "I have no problem with that if I could get some parallel parking - that could put about four cars there. Brewer: "You would also have access for trash pick up and not have a mud hole - a nice appearing back building I would certainly like to see the corner built if we can get together with him, but like Dick, I feel it has to fit into the future." Williams: "I don't see any problem with parallel parking back there - you can parallel park on Franklin or the other street." , e it_v Hall .4. November 3. 1980 There was much discussion concerning Ada County Highway District's letter of September 1978, regarding the request to close Williams St. Ada County Highway District states Williams St. was never dedicated and therefore could not be vacated. Crookston: "As I understand it, the background there is that there was never a dedicated ; street. Somehow on a map somewhere back in time, someone did extend Williams St. - on a map - from the back property line of Larry Barnes, westerly to Meridian St. Who did that,. I don't know, but everybody got the idea that it was dedicated. There are theories that once it is in use as such, then it becomes a dedicated right-of-way - it's never been used, there is no street through it. As far as the easement, I'm quite sure that the City can claim an easement for the utilities to go through there. As far as who the owner is, you would have to run a title search on it to find out to whose name that property really exists. To my knowledge, there has been no dedication of that portion of the property. The City would have an easement simply because of the long existance of that property for water." Engineer Smith: "I have a copy of Williams Addition, which is the plat adjacent to the piece of property proposed tonight for variances. The description for the Williams Addi- tion starts on the east property line. Williams. Ave. is shown in 'light lines' as going across to Meridian St., but this portion of Williams is not included in the plat that did dedicate Williams up to the east property line of this piece of property." Crookston: "That's right Gary, that is where it did come about,was on the plat." ` Smith: "It's misleading because it does show the lines going through to Meridian St., but it is not part of the dedicated Williams plata That is probably why they can't find record of any dedication - the only thing we have in there is a water line that reportedly`. has an easement." Williams: "How wide would this easement be?" Crookston: "How big is the line?" Stuart: "Four inch." Crookston: "Probably between 16 to 20 feet." Williams: "Who owns the northern property." Crookston: "Lempke owns it." Orton: "Then all the easement in the future would have to come off of Lempke - is that correct?" Crookston: "With a descriptive easement like that, it would be half on each side of the line, wherever that line is." Stuart: "It is on the south side of where the street (Williams) would be." There was more discussion. is Brewer: "What the City needs is to end up with a 20 foot easement through there with Schenck sharing half of it." Crookston: "The City has a claim for easement based upon prescription use of that land for. public utilities." Building Inspector stated there was no problem with requested variances. Smith: "Is it my understanding that the street will be constructed for width, per Ada County Highway District's requirements without the additional right-of-way request?" Williams: "No, there is no street requirement." Smith: "Excuse me, I mean on Franklin and Meridian." Williams: "There isn't for dedication." Schenck: "There is curb, gutter and sidewalk dedication." Smith: "Do they need the additional right-of-way for that sidewalk, curb and gutter con- struction?" Schenck: "What they ask for was, from where the property line is, to come back 2 1/2 feet with nothing so they can eventually dig up if and when, and then five feet of sidewalk, then 2 1/2 feet of lawn, whatever, with nothing. That's how they wanted Franklin St. laid out. On Meridian St. they just wanted five feet, sidewalk, curb and gutter all tied in, but on Franklin they want ten feet laying out there. I'm willing to put it where they want it." Chief Sherwin: "No objection to proposal as long as sight triangle is clear and access to the back for police protection." Leri di an City Hall .5. _ _ _ November 3, 1980 Mayor: "The only right way I know to do this is have Engineer Smith to do a research, get a proper legal description, search out the title and have Reynold and whoever owns the other half, deed over to us - or give the City a recorded easement." Schenck: "I have no problem with the easement on the back side." The Motion was made by Williams and seconded by Kingsford that the City Council grant Mr. Schenck the setback variances as requested, rear of building against the north property line and a ten foot setback on the west and east side of building, provided: that Schenck. comply with Ada County Highway District's requirements as outlined in letter dated October " 22, 1980; that the rear portion of the building be no closer than ten feet from the center, line of the four inch water line on Williams St; that a twenty foot easement be provided to the City in lieu of right-of-way for utilities, fire and police protection; and an all weather surface be constructed upon City easement at the time of construction." Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 3 Harold Wilkins - 707 E. Pine sewer Wilkins was present to request information concerning sewer lines going into the east of his property, can he hook on, cost and if it would.be a neighborhood project. Ward: "He has access fairly close. I believe the sewer runs through the 900 block and he is located in the 700 block. I didn't get to measure, but it is a layable four inch line. The cost effective would depend on how Wilkins looks at it and his neighbors' situation. They are having problems with their drainfield - they do not have access to another pro- perty to put in an alternative drainfield, from what I understand, what his question might' be, if a line was laid there servicing the property adjacent to him; where would he stand in regard to latecomers charges or other charges such as an eight inch line that would be laid to service that property in that area." Kingsford: "We would have to take a look at this before we'could answer his questions." Ward: "Wilkins cannot get into the line at Miss Oliason's as it is too shallow, he would have to go to Phase III. This apparently is going to be a problem coming up more and more in that area. It has high ground water and most of the houses are relatively the same age." There was discussion. The Wilkins' property is a one acre lot, not wide, but deep. The property on the north has indicated putting in multi -family. Mayor Glaisyer stated that the policy has been that they can be on City water and sewer, but fees are all double, and their cost. The City has no latecomers charge at this time. Wilkins: "In other words, unless I could get someone to help me, I would have to lay three or four hundred feet of line myself plus paying the cost of hooking on to it." Williams: "Yes, sir. Hopefully that you can get some of your neighbors to participate. We will provide any assistance we can for you." Wilkins thanked the Council. Agenda 4 Senior Citizen ° Elizabeth Ryan representing the Meridian Senior Citizens Board of Directors directed a letter dated November 3, 1980 to Mayor Glaisyer and the City Council as follows: "On October 29, 1980, the Meridian Senior Citizens Board of Directors and their Advisory Board voted to request your initiation of a release of up to 3 acres of the property east of the race track and west of the park for a senior citizens center "We will appreciate your earliest consideration of this request and wish to thank you for your interest in our goals." Letter on file with these minutes. Brewer: "I would like to address a few of the items and criteria that was involved in the senior citizens arriving at this request. Primarily, they feel that location, the most important aspect, would be close to a future City Center complex, possibly, and its proxi- mity to the park - the picnic area, horseshoe pits, the existing parking, sewer and water! proximity is desireable - these things convinced them the park property would be preferable i OCT ADA COUNTY HIGHWAY I TRICT t� KARL JEPPESEN, PRESIDENT 318 E. 37TH STREET x LEON FAIRBANKS, VICE PRESIDENT BOISE, IDAHO 93904 M04AEL WARDLE. SECRETARY PHONE: 394.9039 October 22, 1980 ' A w Mayor dn.d City Council L City of Meridian 728 Meridian Street 0 Meridian, ID 83642 Re: Reynold Schenck Office Complex at Franklin and Meridian ` T•,. ,. Sect. 7; T 3 N; R 1 E gar' Ada County Highway District b Requirements ^Yr Dear Mayor and Council: y 4. Provide a 30 foot radius turn at the intersection of Franklin and Meridian and to include a pedestrian ramp. ";1 5. Retain all drainage on site. ,F. i 6. Submit street, drainage and access plans for the development prepared by an Idaho regist ed professional engineer. 9 Sincerely, ADA COUNTY IGH STRICT Keith L. Jacobs, Jr., E.I.T. Design Review Engineer i A-0: Heads Chi The Ada County Highway District's Technical Review Committee met with the Developer's representative to discuss ACHD requirements concerning the subject development. The Highway District recommends the following requirements be established in granting approval for the development: 'P 1. Provide by dedication in Trust Deed form, Ten (10) feet of additional right-of-way on Franklin Road for street portion` " abutting thea nt . 2. Provide a right-of-way easement of five (5) feet for Meridian Street for the street portion abutting the development. 3. Provide full improvement to the north side of Franklin and the east side of Meridian to include curb, gutter, five (5) foot wide sidewalk and match paving. y 4. Provide a 30 foot radius turn at the intersection of Franklin and Meridian and to include a pedestrian ramp. ";1 5. Retain all drainage on site. ,F. i 6. Submit street, drainage and access plans for the development prepared by an Idaho regist ed professional engineer. 9 Sincerely, ADA COUNTY IGH STRICT Keith L. Jacobs, Jr., E.I.T. Design Review Engineer i A-0: Heads Chi 0 OCT V 190Q ADA COUNTY HIGHWAY DISTRICT KARL JEPPESEN, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT MICHAEL WARDLE, SECRETARY Mayor and City Council. City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Mayor and Council: 318 E. 37TH STREET BOISE, IDAHO 83704 PH ONE: 384-8938 October 22, 1980 Re: Reynold Schenck Office Complex at Franklin and Meridian Sect. 7; T 3 N; R 1 E Ada County Highway District Requirements The Ada County Highway District's Technical Review Committee met with the Developer's representative to discuss ACHD requirements concerning the subject development. The Highway District recommends the following requirements be established in granting approval for the development: 1. Provide by dedication in Trust Deed form, Ten (10) feet of additional right-of-way on Franklin Road for street portion abutting the development. 2. Provide a right-of-way easement of five (5) feet for Meridian Street for the street portion abutting the development. 3. Provide full improvement to the north side of Franklin and the east side of Meridian to include curb, gutter, five (5) foot wide sidewalk and match paving. 4. Provide a 30 foot radius turn at the intersection of Franklin and Meridian and to include a pedestrian ramp. 5. Retain all drainage on site. 6. Submit street, drainage and access plans for the development prepared by an Idaho registered professional engineer. Sincerely, ADA COUNTY IGH STRICT Keith L. vacobs, Jr., E.I.T. Design Review Engineer Meridian City Hall .5. October 20, 1980 what we would like to have is annexation and zoned tonight - if that is not going to be the situation, and the Council is going to favor either a written pre -annexation agreement or an informal verbal pre -annexation agreement which contains nothing more than the minutes of the Council." Orton: "I would like to ask the Council under the motion that's on the floor now, if they come back in with a client, can we avoid all hearings and business of annexation later on?" Williams: "That's what the motion said Rick." Crookston: "You have had one hearing, you can table it for however long you want to table it." Williams: "That's actually what the motion has done, taking it under advisement rather than tabling for a set date." Crookston: "Pre -annexation agreement itself, we have never approached and I have never reviewed as to whether or not they are a good idea or not." Williams: "I question the legality of them because you are commiting future Councils. Under State Law, you can'.t do that. In essence, you are bonding it - there may be a grey area there." Mayor: "Any further questions from the Council? There's a motion made and seconded to take the request for Arnold Annexation under advisement until any future potential users come before the Council. All those in favor?" Williams: "Aye." Kingsford: "Aye." Mayor: "Opposed?" Brewer: "Aye." Orton: "Aye." Mayor: "I'll break the tie and go with the motion. Motion carries." Agenda 4 Variance - 662 - 694 W. Idaho, Gem Estates Ron Alvey was present to request 13 foot variance for erection of a 6 foot privacy fence around a patio :located on the corner of W. 7th and Idaho. Alvey stated that they have been trying to upgrade the four-plexes. The one patio faces the street, does not have enough room. Alvey displayed pictures and explained visual effects. He stated following the plot plan, measuring from the center of the streeto, the property line comes back into the lawn appro)'i- mately 4 feet. The fence will be 4 feet from the building - down 14 feet and back in. There is asphalt all the way around the four-plexes and vehicles were cutting through,so this will prevent trespassing as well as desirable for the tenants. The Motion was made by Williams and seconded by Brewer that the fence variance request of Ron Alvey for 662-694 W. Idaho, Gem Estates, be granted. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 5 Reynold L. Schenck - Variance - located NE corner of Franklin and Meridian St. Reynold L. Schenck was present to request variance for the purpose to construct the rear of the building against the north property line and have a 10 foot setback on the west and east side of the building. Schenck stated they would like to build an office building. There was much discussion concerning Williams St. The easement on the street is on Lembke property (Atwater homestead). It was the feeling of the Council that Ada County Highway District should be contacted. There had been a previous request for closure of Williams St. Williams stated if Ada County Highway District doesn't have any problems with it, then the Council could take both the rear variance and side variance under consideration at one time. Crookston stated that as he recalled, Williams St. was not vacated because of the water main. r� Meridian City Hall .6. October 20, 1980 Welker stated this would have to be considered carefully for fire protection. Chief Sherwin stated sight triangle should be kept in mind. i The Motion was made by Brewer and seconded by Orton that the variance request of Reynold L Schenck located in Williams Addition be tabled. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 6 Public Hearing for proposed ordinance qualifying Planning and Zoning Members. The Motion was made by Williams and seconded by Kingsford to open a public hearing for the proposed ordinance. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Mayor Glaisyer read the purpose of Public Hearing, stating the present City Ordinance stat that there must be an engineer on the City Planning and Zoning Commission. This has cream an undue burden trying to find an engineer,so the proposed ordinance will include the City' Area of Impact to be on the Commission. Attorney Crookston stated that also the Local Planning Act requires that if the City has enacted an area of impact that Planning and Zoning Membership comprise those who are 'residents of area of impact, but outside of the City limits. Laura Connor: "Is the area of impact still pending?" Mayor: "Yes, but we are pretty well geared to where our boundaries are going to be ,we. just haven't got them negotiated yet as far as our public hearings." There was discussion concerning selection of'member from an area not under dispute or ra one. -mile from present boundary. Brewer: "Once the City Area of Impact has been established and we find a member was sel ted not in that area, a change would have to be made at that time." No other comments from the public. Williams moved that public hearing be closed. Brewer seconded. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda 7 Mayor Glaisyer read Ordinance #381 entitled: AN ORDINANCE AMENDING TITLE IV, CHAPTER 1, ENTITLED PLANNING COMMISSION OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY SPECIFICALLY SETTING FORTH IN SECTION 4-102 OF SAID CHAPTER FROM WHAT AREAS RESIDENTS ON THE COMMISSION MUST COME. The Mayor called for the request to have Ordinance #381 read in its entirety. There was no request. The Motion was made by Brewer and seconded by Williams that the rules and provisions of 50-9002 and all rules and provisions requiring that ordinances be read on three different days, be dispensed with and that Ordinance Number 381, as read, be passed and approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. 'Agenda 8 Proclamation - Don Roberts Day - October 28, 1980 Mayor Glaisyer read the following Proclamation: 1. WHEREAS, the City of Meridian commends efforts of the merchants of the City of Meridian. 2. WHEREAS, Don Roberts has contributed greatly to our city with continued efforts in its behalf. 3. WHEREAS, Don Roberts has been a leading merchant for the past 35 years. 0 CITY CF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: Revnold L Schenck PHONE 88_4500 Owner or holder of valid option n ADDRESS: ` 2855 Magic View, Meridian, Idaho 83642 GENERAL LOCATION: Northeast Corner of Meridian & Franklin LEGAL DESCRIPTION OF PROPERTY: See Attachment "A" PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option :v agreenen.t ,mus:t',be attached, PRESENT ZONE CLASSIFICATIONL C = Commerical _VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (Thigs information is available from the County Assessor.) :� DESCRIPTION OF PROPOSED VARIANCE: Construct the rear of the building 3` a ainst the north -property -line and have a 10 foot set bact-on,;theJ es r and East side of the building. Plot 21an will be prp i SI 4— CITY COUNCIL RECORDS Date Received Cit Council Hearing Date Received By—OLL16 199a)) T • n 728 Mer`d;Cn S{. `fierid4:ani Tn 83642 VARIANCEA??LIGATION (RE: Meridian Zoning Ordinance NAME: eynold L. Schenck 'HONE 888-4500 Owner or holder of.va'.. opt, on; j` ADDRESS: 2855 Magic View Meridian Idaho 83642 k••'"GENE RAL LOCATION: Northeast Corner of Meridian & Franklin LEGAL DESCRIPTION OF PROPERTY: See Attachment "A11 ?W, PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement .mus.t be -,51.7' ed.. ,., PRESENT ZONE CLASSIFICATIONL C - Commerical e VICINITY SKETCH: A vicinity map at a scale approved by the Maycr showing f property lines, streets existing and proposed zoning and such other items as the Mayor may require. p-, " SURROUNDING PROPERTY OW ERS: A list cf all 7roperty owners and addresses dP within contiguous to, direct?y acres the street: from, and within a 300' radius of the parcel (s) proposed 'or a Variance must be attached. (This information is available from the Ccur:ty Assessor.) o.' DESCRIPTION OF PROPOSED VARIANCE: Construct the rear of the building a ainst the north ro ert line and have a 10 foot set bac h es and East side of the building. Plot lan will be r i � f Si ,1 ' CITY COUNCIL RCORDS C h. Date Received Cit Council Hearing Date Received By R Commencing at the rSWC�of Section 7, Township 3 North, Range 11 East of the Boise Meridian, Ada County, Tdaho: thence East parallel with the South Section line 30 feet; thence North parallel with the West Section line 30 feet to the true point of beginning: thence East parallel with the South Section line 150 feet- thence North parallel with the West Section line 126,91 feet; thence West parallel with the South Section line 150 feet; thence South parallel with the West Section line 129.91 feet to the point of beginning, .. k tip -!. 1. North Lot Commencing at a point 30 feet east and 375 feet north of the southwest corner of Sedtion 7, Township 3 North, Range 1 East of the Boase Meridian, and running thence east parallel with the south boundary line of seid section 7, 150 feet, thence north parallel with the west boundary line of said section 146 fset, thence west parallel with the swath boundary line of said vection 150 feet, thence south parallel with the west boundary line of said section 146 feet to the place of d beginning. South Lot Commencing at the Southwest corner of Secthon 7, Township 3 North a�! of Range l East of the Boise Meridian, in Ada County, Idaho and run ning thence East parallel with south section line 30 feet@ thence North parallel with West section line 39 feet to the true place of beginning, running thence East parallel with South section lime 150 feet; thence North parallel with West section lino 31?)fi feet, thence West 150 feet to a point ad 30 feet East of west line of said Section, thence South parallel with We3t line of said Section, Thence South parallel with West line of said Section 317 �a feet to the true place of beginning. • e. nay . . 4 av r a �f y e r,f S v 9 ..) , p a, ti{ 14:V.,t pfr lfll.:E, �,C�o- it »''.1p\d }.- < .. ,,r a jt 0:`i, -i R�r7��'frtyy ,} 1 Cdr r u>P t '° ,1-. t(J tt'rl��d ',,RUM YF t d ) C -yip ��+"' v., rr. tf�V�rrt ril •r 1. 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Meridian St to Larry Barnes t ItComment Chevrolet 3 r em 1. Ada County Highway District find no record that this has ever been dedicated. 2. Fire Department would review all building plans and cause the de- veloper to maintain proper fire access, before allowing this closure. 3. There is always the possibility that this roadway was dedicated and not brought to the surface as yet. Y� 4. Bruce Stuart, Public Works Supt. Would not recommend closure of Williams St. for there is a water main going from Meridian St. East on Williams Streef, { j. S. Richard Williams: 1 It would seem that the request may be premature depending upon what happens with the development of Meridian Street. 6. Chief of Police Gary Green: Recommend approval. 7. Roger Welker, Fire Chief: Recommend a close look be taken -at Type of development and Fire Fighting Requirements As this could preclude some Developments (because of exposures and lack of adequate entry way for Fire Fighting. y No representation at meeting of 11.6.78 To be presented 11.20.78 Council ELQUEST imiw 11.20.78 J4 I �,rl'Meridian Cit Hall .2. November 20L 1978 �; Agenda T. F. Henson (Cont'd) LL 3 , The Motion was made by Joseph Glaisyer and seconded by,Marvin Bodine recommending pip approval of the vacation with the Fire Chief's'recommendations incorporated into all future fencing of the area. Motion passed: Bodine, yea; Williams, yea; Glaisyer, yea, Kingsford, yea. ' Agen 4 Lembke - Closure of Williams Street. ? r; Frank Marcum was present representing the request, He stated that ACRD had told him traffic hazard for the light if the street was continued through.it would create a at Franklin and East First. They do not want the street to go through. Williams inquired about a water main going throught the proposed closure area and if there was an easement for the water line. Stuart replied that the line was located from Meridian Street straight East to „s Williams Street and there is an easement there. Ellsworth drew a diagram to clarify the areas in question. The Situation was discussed. Ilk Marcum stated that he did not know there was anything in there except the sewer line in the alley. ? Williams recommended denial until there is a development plan submitted. The Council {k concurred. ,.. The Motion was made by Richard Williams and seconded by Joeseph Glaisyer to deny the ` request for a closure of Williams Street. Motion passed; Williams, yea; Bodine, yea; Glaisyer, yea; Kingsford, yea, "'Age eridian Park Subdivision - Preliminary Plat 'Larry Sale was present representing Meridian Park Sub. and stated that he wasn't sure what was supposed to be ready for the Council meeting. They understood the Protective Covenants were to be submitted before the Final Plat. (See Agenda Item 9, Council minutes, November 61 1978 The Motion was made by Williams, seconded by Bodine, to table the request" "Motion Carried") Williams informed Mr. Sale that the Restrictive Covenants go with the Preliminary Plata !A Sale stated that he wanted to know what was required. He stated that the Plat was feet too longs and the submittal of theJ approved subject to shorting of a Culdesae, 37 Covenants was his understanding. They understood those changes would be made when the Final Plat came in. Joy stated that it was his understanding that the Preliminary Plat had not been of the Covenants. He stated approved subject to changes in the Plat and submittal the matter, that wou esearch Sale stated that they need to discuss the process more than they need to discuss this particular Subdivision. Storey inquired if it was a prerequisite to have the Restrictive Covenants approved with the Preliminary Plat. Kingsford stated, not'approved, but submitted for consideration. Sale stated that he did not think that was the wording of the Motion. \ Storey concurred with Mr. Sale and stated that he should work with Joy and schedule it r for the December 4, 1978 Council meeting. Medtihg.called to order at 7:35 P.M. by Mayor Don Storey CoUh6ijmeh'0resent:. Richard Williams% Marvin Bodine, Joseph Glaisyer and Grant Kingsford. Other oresent: Carl Ellsworth; Al and Irene Chastain; G.L. and B. D. Morgan; Lallore Joknson;'Kevin Ross; Ted Hanson; Norman Fuller; Jack Fuller Bruce Stuart; Roger Welker; Del Gould; Herald Cox; Vern Schoen; Olive Davis; Robert Davis; Dave Albiston previous meetings were approved as read. terri�,Anc. Subdivision had cancelled. 1,1 91 fehs Ohl Closure and vacation of East 2nd Street from Bower to Railroad Track: OnStth Was present representing the requested vacation. He stated that he Ohdledr�on what was needed by the Fire Marshall. He could move,the building in. tho existing structure but.it would eliminate their parking area. 01,ke..stated that he -had notseenany design plans for the proposed area and Ike, 0 see some drawings to ensure adequate fire access. yfr b ht' Moen e,d a -plat map and tentative building location proposal utilizing the 00',, Stwo6h the' bUilding'as parking. He brought up the question of the sewer line "pi, it, �had been abandoned. They had recently put in a gas line and had not the' line. - they proposed Using the old sewer line to the building together 10 3 104 -4in 0) RON", Mated .ifAhe ' y kept the south end open and parked on the sides it would ote.-,the.problem. -stetted that they had a problem with security, breaking overhead lights was a pot glstt"t Oroblem and they would like to fence the north end. e W,: had M:Problem with` this if the south was kept open. C, d ihquired if.it was used for parking why it needed to be vacated. s to tea that if. the street was vacated they would have no access control for fire. eh9*h.thoqqht the rear access by the siding was exceptional for fire fighting. hQord'stated that it runt close to the building if cars were parked in there they 41 --have problems getting a truck through there. Henson concurred but felt it was 01k' J they would incur. Ihe; Situation was discussed. Uand nd the existing line needs varification of,users. anted that the history,as he remembers it, of the line use and thought the trust J06t:060019 Were still using the line and believed the line was live. J2, withthat.Mr. Henson, Chief Welker and,Engineer Ellsworth get together conte Up s olid recommendations for the November 20th, 1978 Council meeting, N 51 ..tidiUre of Wi I I i aini.*Street to West line of Larry Barnes Chev.: resen representing the teqUest and the request was laid aside. h Morgan and"Stwatt Ann' exation request: st: 0 P ihed the properties requesting annexation. Ve"H6sac was ftsent and buti *6.,,t6Y'",'had met with Planning and Zoning and received unanimous approval recommendations J, f.Dftj:thoMli.-Ae presented a scheme of the proposed development for the Stuart property PAtio homes, 1* acres, dens'ity 5.27 per acre. Streets would be public, Jericho 60' Ais,a.mai6r street -:0ruber Street would be a through street. p, X AMBROSE, gITZGERALD Fd 'CROOKSTON NOV 0 6 1978 , ATTORNEYS AND COUNSELORS GRANT L.AMBROSE (1915-1068) 929 EAST FIRST- P. O. BOX 427 TELEPHONE 888-4461 JOHN O. FITZGERALD WAYNE G. CROOKSTON, JR. MERIDIAN, IDAHO 83642. AREA CODE 208 November 3 , 197"8 Mayor Don Storey and City Council City of Meridian 728 'Meridian Street Meridian, Idaho 83642 Re: Lembke Property ej Dear Mayor Storey and City Council: ` It appears that there will be some conflict over the City's action pertaining to the above referenced ": property in making a statement to the Ada County Highway ` District that the City does not want Williams Street to be continued on - through from East 1st Street to �. Meridian Road. Therefore, I will not be handling this matter either for Mr. Lembke or Timber Supply, Inc. a,b I am sending copies,of this letter to Mr. Lembke tPP yr and to Russell D. Hunemiller of Timber Su 1 Inc. so `w g that they will know of my position on this matter, which a.. position I have previously explained to them. If either party, desires further action on this matter before the #' City Council, I have informed. then to • be present in person at the City Council meeting to be held'on November 60 1978. Very truly yours, Way G. Crooksto4Jr..;, WGC/pb r cc: Ernest Lembke Russell D. Hunemiller Fn i J•I 4' P v, 9 Meridian City Hall Agenda 4 Agenda 5 Persons stated that Hansen was not there but felt he wanted to. put a_ n:�ilding,�i, A. ' The Motion was made'by Grant Kingsford.and seconded by Richard Williams to table until we know what is going in there and the plans for the area. o • .2. October 16, 1978 Closure of Williams Street East to Larry Barnes Chevrolet. Ellsworth outlined the street crosses the property but no easements he was concerned with building over water mains. Crookston stated that he represents the developers but if there is a problem then he will drop the matter and they will have to find Council elsewhere. He contacted AND and they wanted City input. The status of the Street and request was discussed and outlined"and clarified. Crookston outlined the legal discription and sequence of events in chronological order. Welker stated consideration should be given on what type of installation is . proposed in relation to fire considerations. Williams moved to make a negative statement on vacation. Crookston outlined Planning and Zoning comment. Kingsford moved to table for further study seconded by Joseph Glaisyer. Motion passed: Glaisyer, yea; Williams, yea; Bodine, yea; Kingsford, yea. Closure of 2nd Street: a' The Mayor outlined the situation. Welker raised the question of fire protection expecially if a building is put in therd. Agenda 6 Motion passed: Kingsford, yea; Williams, yea; Glaisyer, yea; Bodine, yea. Williams stated that the Council needs to see a plat. The Mayor stated that the City is short on the Planning and Zoning Commission. There have been two applicants, Mr. Tewksbury and Rev. Michelson. Tewksbury had been contacted prior and the Reverend has only been in the area a few months, so probably does not qualify. The Mayor requested the Council to fill the vacancy. Glaisyer inquired where the Engineer was employed. Ellsworth stated that he was employed with International Engineering. The Mayor had talked to both applicants. i Meridi in i Item 4: Primrose Subdivison .'Thomas'Linville was present representing Frank Marcum Fs development. • .3. the behalf ,o f the The motion was made by'Burl Pipkin and seconded by Lee Mitchell that T refer this natter to'the.City Council without any recommendation. I '� � temm ; ': � • T.F.!HOnson (Closure of 2nd Street From E. Bower, North to Track T. F. Henson was;'present representing himself for of 2nd :Street from E«,Bower,, North, to Track Siding. `owne'r of, the, property.adjacent to both sides of the Don, Sharp Ca1.1ed forany comments. The motion was made by Lee Mitchell and seconded by Commission recommend to the City Council the closure North.:t( 'track siding. Motop gassed..y { r,7 Siding -the request of the closure N He stated that he. is'the proposed abandonment. Closure :of Wi111ams .;Street from Meridian, East to Larry Barnes Chevrolet name. N11:�Ifik j1j i "'I p A7y'�/a y� RT. ,/R7Rte Propert�... _ \� Y•1 A� sw;p'��r?s�tyne,'cOkston`was present reprssting the request. i � �Y, •:; ,-,..r �- �- ,; - .t w , , % -w. _ p'�, �d' tti*e ar"�hl','; ' tb ty, 1 ! 'ro } n exR l a�ined the prabl ems of�i` a..and . expl a i ned the 1 ego ti descri pt`a He , stated .that al.l maps of the area, except one,: show, Will I i�� �� °d " ,s; Streetf M rFf�'heeyver and water eesemcnts along Wi11 iams Street. was discussed. rE tr mr,F, °a }There wds muoh discossion concernjnojhe area and other alternatives to acce$$ 1+K�+a' kk 3 ii 4o mSt#on:,:was.;'made by Burl Pi kin and seconded by.Annette Hinrichs` to ecommaa }'t Cpuncl recognize `that W 1iams, Street ,has never been dedicated to pub is use, prpvided.that the owners' recognize easements for utilities , All F fqureo:street was then discussed at length.14 y� t,A JI ryr ywj 4q ;l•'tt ., ';nli i,lV �� The'totion was made by Burl Pipkin and seconded by Annette Hinrichs that'the on _recommend to the City .Council a and the Ada County Highway District,` ismsrea� :ii�,� Vic.:t��itinup�J Ghrduyl� 9tia NtwaLur Nwi�Nerty. iMo ipt� passed v All ayes ,yo- 'leetlln9 •adjourno a .10:35 P,M. AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS GRANT L.AMBROSE 1916.1966) 920 EAST FIRST- P O. BOX 427 TELEPHONE 8BB•4461 fOHN O. FIT7GERALDAREA CODE 208 WAYNE G. CROOKSTON, IR. MERIDIAN, IDAHO 83642 October 2, 1978 - Meridian Planning & Zoning Commission Meridian City Hall Meridian Street Meridian, Idaho 83642 Re: Property known as Atwater place and undesignated road through said property being an extension of Williams Street. Gentlemen: I have been requested by Timber Supply, Inc. and Ernest Lembke to obtain a letter from you indicating that the City of Meridian has no desire to see Williams Street physically extended from East First Street to Meridian Road. )Enclosed in support of that request is a copy of a letter directed to the Ada County Highway District from Chicago.Title Company of Idaho which is self-explantory. Also, enclosed is a copy of the Plat of Williams Addition to Meridian, Idahor showing that the road was never dedicated. I realize that this request is made on behalf of one client of another of my clients, the City of Meridian Thereforer if this request is at all controversial, please let me know ^nnotherwill counsel�urHowever�out ifand youhave choosemtorgrant Supply obtain thaws requestr please inform me. WGCf Q'M Enclosures Very truly yours, J � Wayne G. Crookstonr Jr. SEP 2 6 1918 Meridian City Cocmci lmen d ept. 2 3, l97R Me'ti.dian, Pdaho Subti: r)aopeatq !nown aj the Rtwote2 pace b,/ Kind :S -t., llleaidian :St. and (I'VIi.amu St. Jo ,,,y .lrnowtedre N,r..l.�iam4 4t-toet ha4 reue2 been a de4irfrated ataee-t to rso thtourh the gtwatet p�topetty went ,to Me�iirlian ---M2eet. 9 woutd like the City Councils appaouat in. w�ci•tinq, to keep thi,4 as an undeaignated 4&ee-t. ld.ourG tette't is a ma-tte2 o f &eco�td to eonio2aa with the /lda County kichwa y Dist t ici which -they feet id not a dediqna-ted ataee-t. khan you, 71) ��u�ea�t n, d'e►rsl,lze I DA COUNTY HIGHWAY MIKE SILVA, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT DAVID A. WEEKS, SECRETARY .. September 22, 1978 City Council City of Meridian 728 Meridian Street Meridian, Idaho 83642 Gentlemen: • DISTRICT 318 E. 37TH STREET BOISE. IDAHO 83704 PHONE: 384.8838 The Highway District Commissioners have before them a request to vacate a portion of Williams Street as indicated on the enclosed map. Our research has been unable to ascertain the status of this portion of Williams Street as we cannot find any constructive recording.of dedication of right-of-way. It is our understanding that Mr. Wayne Crookston, who represents the applicant, has approached the Council for a meeting on the subject of vacation. We therefore solicit your comments concerning both the vacation itself and any additional information you may have on the status of the area in question. Since ly, Dennis Schaffner Director DS:ko Enclosure c TCAGO TITLE C01MANY OF IDAHO 1412 IDAHO STREET, BOISE. IDAHO 83708 (208) 338.6515 , September 21, 1978 TO: Ada County Highway District Gentlemen: After researching the chain of title to the property lying west of Block 3 and 4 of WILLIAMS ADDITIONS and east of Meridian Street, South of Icing Street and North of U. S. highway 30, I found no dedication of roads or alleys across said lands by persons in title to said property. Nor do I find any reservation of road or alley rights of way in any conveyances. DC/7f Sincerely, CHICA TI=TLEC ANY OF IDAHO Dennis Clark Title Officer REPRESENTING CHICAGO TITLE INSURANCE COMPANY