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HomeMy WebLinkAboutCountry Terrace No. 2 Replat0 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS .1OF MERIDIAN LAWANA L. NIEMANN, City Clerk �6 A A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BRUCE D. STUART, Water works Supt. MERIDIAN, IDAHO JOHN 0. FITZGERALD, Attorney 83842 ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. Phone 888-4433 JOSEPH L. GLAISYER Mayor February 19, 1982 Steven W. Hosac NorthView Center Meridian, ID 83642 Dear Steve: COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning & Planning Please be advised that you still have a delinquent account with the City of Meridian. Presently you owe the City $188.12 for Country Terrace No. 2 Subdivision Replat Request. Letter of request on file. If the entire amount is not paid to the City prior to March 1, 1982 I will forward said bill to the City Attorney with instructions to place a lien upon your property. Thank you for your cooperation, est r gards, J/eph L. Glaisyer MAYOR CITY OF MERIDIAN JLG:1n pc: Mayor and Council Country Terrace No. 2 File Bookkeeping • .rid F?�, % — "» -y a OW ADA Co' t,ws CHARLES L. MINDER, PRESIDENT KARL JEPPESEN, VICE PRESIDENT LAWRENCE C. JACKSON, SE&JrrARV 318 E.37TH STREET BOISE, IDAHO 83704 PHONE:384.4050 Minutes of 'th -regular meeting held October .8.,. 1981 , at 7:30 p.m., in the offices of the Ada County Highway District, 318 East 37th Street, Boise, Idaho. Commt loners Winder, Jeppesen and Jackson present. Five citizens present. Ada County High1,ray -Di_strict staff present: Gary Funkhouser, Frank Capshaw, Terry Connell, Chuck Smi'tl%•Kejth Jacobs, Dave Zielinski, and Alice Sinsei. Commissioner Winder called the -meeting to order at 7:35 p.m.* PUBLIC HEARING - PROPOSED VACATION OF BLOCK 1, DUNDEE 1ST SUBDIVISION Chuck Smith stated that this is the time and puce as advertised for the hearing of the request to vacate th- alley in Lot 1, bock 1, Dundee's First Subdivision. Mr. Smith explained that the applicants are planning to upgrade the restaurant and have been reg-,_�i rcd to have coati nguou _)roperty for addi ti onial parking. Discussion head concerning the request. Mr. Smith read Mr. Thomas G. Mays', 1321 Denver Street, letter as testimony in hearing.. kvir> Mays objects to there being access onto Denver Street from the proposed development. %Ir. P,icyys' letter is on file in the Right -of -Way Department. Mr. Smith stated that staff recommendation is to vacate the alley, subject to the retention of a fourteen foot wide access easement for the cd;;acent and ab Acting property owners, Mountain Bell telephone cables, Boise CTty'sewer lines and other pub'i;c'utility easements and drainage easements and/or other easements of record or not of record or in use under said allrey located in Block 1 of Dundee's 1st Subdivision. Discussion held. The Commissioners stated that they would like to see the glans -,=or the area before they approve the vacation. Commissioner Winder opened the meeting for comments from the audience. Al Welch, 1412 Denver Street,'stated that he is opposed to any curb cuts from the proposed development onto Denver Street, but would not object if there are no curb cuts. After further discussion, Commissioner Jeppesen moved to continue this matter for further hearing after a plan is received on the development. Commissioner Jackson seconded. Motion carried unani l�ously. ACT.' :jN: RIGHT-OF-WAY SUBDIVISIONS - FINAL PLATS Country Terrace No. 2 - Keith Jacobs presented the plat and explained the notes included on the pjat for no construction on Lot 9, Block 1, until the improvements are installed. Discussion held. Commissioner Jeppesen moved that Country Terrace No. 2 plat be approved and the Chairman of the Commission be authorized to sign the plat. Commissioner Jackson seconded. Potion carried unanimously. i Commission Meeting - October 8, 931 Pare ."_ SUBDIVIS?ONS - BOISE CITY RZ'S AND CU'S - Keith Jacobs presented the Technical Review Committee Agenda of October 5, 1981 and asked if the Commission have any comment's on the proposed Comments/Recommendations. The Commissioners agreed with staff Comments/Recommendatior- as presented. Presented on this agenda was RZ-14-81 - Henry Rensmeyer; CU -67-81 - Cole Community Church; CU -60-81 - Kathy Riebe & Michelle Smith; CU -69-81 - Western Aircral't Maintenance, and CU -70-81 - Aaien Mabe Construction. e SUBDIVISIONS - PRELIMINARY PLATS Elm Creek. Subdivision - Keith Jacobs presented the proposed subdivision and explained the area and the Comments/Recommendations as presented on the Technical Rev2-ew Committee Agenda of �'ctober 5, 1981. Discussion held. The Commission agreed with staff Comments/-Recomi^endations as presented. ' VACATION RE'_''_'EST - NEW YO",K AVENUE BETWEEN 1ST STREET AND THE TEED LATERAL IN KUNA - Chuck Smith explained t request from Babbette White for the vacation of F portion of New York Avenue between 'st Street and the Teed Lateral and asked •or Commission d.rection. He stated that the portion requested to be vacated has never been opened. Discussion of the entire area held. Commissioner Jackson moved to accept the application for vacation as requested and set the public hearing for December 10, 1981, at 7:30 p.m. Commissioner Jeppesen seconded. Motion carried unanimously. VACATION REQUEST - ADA STRrET BETWEEN 9TH AND LOTH STREETS - Chuck Smith explained that t,'Ie Longfe ow School r—f;.s requested that Ada Street between 9th and 10th Streets be vacateti'., and asked for Commission direct4'on. Discussion of the area- and reaand the request followed. Commissioner Jackson moved to accept the application for vacation as requested and set the public hearing for December 10, 1981, at 7:30 p.m. Cor,miss-'oner Jeppesen seconded. Motion carried unanimously. APPROVAL OF MINUTES - OCTOBER 1, 1981 - Commissioner Jerpesen moved to approve the minutes of ciiFKc� 1, 1981, as writtEM. Commissioner Jackson seconded. Motion carried unanimous'rv. NORTHr,nT SUPDIVISION NO. 3 - EXTENSION OF LETTER G= CREDIT - Mr. Stubblefield was _`,q attent_.;ce an�� reeuested that is Letter of Cres;t be extended for sidewalks on Lots l and 2, Block 5, Northrgate Subdivision No. 3 and also for thirteen feet of curb'and sidewal< on the north end of 13th Street where it abutts the vacant property to the north. He explair:ed the reasons the improvements have not been installed and the situation with the sewers in the i,;erid-'an area. Much discussion rolloweri. Commissioner Jackson moved to approve the extension of the Letter of Credit on Northgate Sup division No. 3 for one year. Commissioner Jeppesen seconded. Discussion held conce -ni nr ''�e Vi m,e for the extension and it was decided that one year would be all that the Commission could approve at this time but that Mr. Stubblefield could come in +N . th -i` s re:;uest "or ar ct;her extension at the end -of the year. The Commission would determine at t -hat time if it could be extended again. Further discussion held concerning having the sidewalks all installed at the same time. Mr. Stubblefield sty: ed that he will be glad to do both lots at the same time when the market improves. Motion carriec'.unanimously. I ACTION: SUBDIVISION REVIEW Commission Meeting - October 29, 1981 Page 2 will have to be extended for tha period. Commissioner Jeppesen explained that contractors are going to have to live up to the standards of today and that the Commission needs to back up staff when these problems arise. However, due to mitigating circumstances, the appeal was approved subject to the above conditions. SUBDIVISIONS - FINAL PLATS Plantation Subdivision Nos. 4 through 8, Inclusive - Bob Sorcic presented the plats and recommended approval of all the plats, and authorization for the Chairman of the Commission to sign the pats. Plantation Subdivision No. 4 - Commissioner Jackson moved to approve the plat for subject subdivision and to authorize the Chairman of the Commission to sign the plat. Commissioner Jeppesen seconded. Motion carried. Plantation Subdivision No. 5 - Commissioner Jackson moved to approve the plat for subject subdivision and to authorize the Chairman of the Commission to sign the plat. Commissioner Jeppesen seconded. Motion carried. Plantation Subdivision No. 6 - Commissioner Jackson moved to°approve the plat for subject subdivision and to authorize the Chairman of the Commission to sign the plat. Commissioner Jackson seconded. Motion carried. Plantation Subdivision Nos. 7 and 8 - Commissioner Jackson moved to approve the plats for subject subdivisions and to authorize the Chairman of the Commission to sign the plat. Commissioner Jeppesen seconded. Motion carried. SUBDIVISIONS - BOISE CU'S, ANNEXATIONS Bob Sorcic presented the Conditional Uses and Annexations as prepared on the Technical Review Committee Agenda of October 29, 1981 (5 pages) and asked if there are any questions or changes from the Commissioners. Commissioner Jeppesen asked about the CU -72-81 - Spencer C. Barrett - and why the alley should be paved. Bob Sorcic explained that they are having to use the alley to get to a parking lot. The Commission agreed with staff requirements. Discussion held concerning the CU -74-81 - Retirement Center - Trinity Investments, International. The Commission agreed with staff requirements. Also included in this Technical Review Committee Agenda is CU -71-81 - River Run Develop:*ent; CU -73-81 - Mesa View Land & Livestock Company; CU -75-81 - Ronald Yanke;' A-3-81 - Roger Crande mire; A-4-81 - Terteling; 81 -37 -CU - ACHD. Also included in this Technical Review Committee Agenda was two preliminary subdivisions - Summer Place and Hillcrest Lane. The Commission agreed with staff Comments/ Recommendations. COUNTRY TERRACE SUBDIVISION NO. 2 - Gary Funkhouser explained that subject sub- division has been approved by the Highway District Commission but we need to sign it as an owner. The Chairman of the Commission signed the plat as an owner as required. AUTHORITY TO INVEST - Mike Brokaw presented his request for authority to invest copies attached . Discussion held concerning the proposed investments. Commissioner Jackson moved to aPprove the Authority to invest $1,300,000.00 from the General Fund and $288,000.00 from the L.I.D. Trust Fund No. 5. Commissioner Jeppesen seconded. Motion carried. C CENTRAL t L IISTRICT H '1EPARTMENT MAIN OFFICE 1455 NO. ORCHARD BOISE, IDAHO 83706 TELEPHONE 375-5211 Mr. John Bastida Ada County Recorder Ada County Courthouse Boise, Idaho 83702 September 30, 1981 Re: Country Terrace #2 Subdivision Dear Mr. Bastida: This office has reviewed and approved the final plat of this subdivision under the following conditions: (1) Water to be supplied by central water under a community well. (2) Individual on-site disposal systems can be approved for the modified trench style sized at 165 square feet per bedroom. Lots 3 - 7, Blk 1 The trenches are to be constructed into the sandy gravel found at about 3' - 4". The bottom of the drainrock is to be no deeper than 24" below original grade. Backfill up to the 24" depth with pit run.. The systems are to go into the front yard. The bottom of the system must main- tain 4' above high seasonal ground water. Lots 1 - 2, Block 1 The trenches are to be constructed into the sandy gravel. The bottom of the drainrock is to be no deeper than 36" below original grade. Backfilling with pit run to the 36" depth may be necessary. The bottom of the sewage system must be maintained 4' above high seasonal ground water. The systems are to go in the front yards. Lot 9, Block 1 This lot can be approved for only one single family residence located with its sewage system on the bluff next to lot 1, block 1. This bluff site can support either a 2, 3 or 4 bedroom residence according to the plans submitted to this office by the developer. The portion of lot 9 that lies below the bluff does not meet regulations for on-site sewage disposal and could not be approved for individual on-site sewage systems. This lower ground is flooded periodically with irri- gation water. The system is to be dug into the sandy gravel and backfilled with pit run to a depth of 36" below original grade. The bottom of the drainrock is to be no deeper than 36" below original grade. Lot 1, block 2. The system is to be constructed into the sandy gravel. The bottom of the drainrock is to be no deeper than 7' in order to maintain 4' above high seasonal ground water. (3) The low ground on lot 9 is to be maintained so that it does not create a,mosquito,breeding,site. (4) All sewage systems are to maintain 100' from the community well. (5) No lot size may be reduced without prior approval of the health authority. Sincerely, Pr Nancy Go ell, E.H.S. Sr. Environmental Quality Specialist cc: City of Meridian U.S. Department of HUD Conrad King Ada, County Building Department Steve Hosac, Engineer Tom Turco,,Chief, of.`Environmental Health.Services hmo J CHARLES L. WINDER, PRESIDENT KARL JEPPESEN,VICE PRESIDENT LAWRENCE C. JACKSON, SECRETARY 0 C �1 'CUIN7Y HPG!—I AY DISTRICT August 12, 1981 City of Meridian City Hall 728 Meridian Meridian, ID 83642 Attention: Meridian City Council Gentlemen: The Highway District Commissioners are considering using the following note wording to address a special situation encountered with the processing of the Country Terrace #2 Subdivision Plat: No building shall be constructed on Lot 12, in Block 1 of the amended plat of Country Terrace Subdivision prior to approval of the Ada County Highway District, pertaining to completion of improvements of Country Terrace Way lying southeasterly of the cul-de-sac. 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 384-4050 The construction of Country Terrace Way from the cul-de-sac to the east boundry of this subdivision may be inappropriate at this time, since the east bordering land development is not certain. Presently, the Country Terrace Way cul-de-sac is fully improved, thus providing improved public access for all lots, except Lot 12 and Let 13 (the well lot) within the subdivision. Since Lot 12 does not have improved public access and furtha r subdivision of Lot 12 is anticipated, the District is considering the above note in-lue-of actual improvement ,of Country Terrace Way, from the cul-de-sac to the subdivision boun- dry. Please consider this matter at your earliest convenience. If you have any questions, please feel free to contact me'. Sincerely, Keith L. Jacobs, Jr., E.I.T. Design and Review Engineer KLJ:clg cc: Gary Funkhouser, Director, A.C.H.D. Terry Connell, Deputy Director, A.C.H.D. Subdivision Review, A.C.H.D. File 47 6;%"., Ile �i�s�'�✓s ss, ✓i Poeax- ADA COUNTY HIGHMAY PISTRICT 318 E. 37TH STREET CHARLES L. WINDER, PRESIDENT BOISE, IDAHO 83704 KARL JEPPESEN, VICE PRESIDENT PHONE: 384-4050 LAWRENCE C. JACKSON, SECRETARY Minutes of the regular meeting held August 6, 1981, at 12:00 Noon, in the offices of the Ada County Highway District, 318 East 37th Street, Boise, Idaho. Commissioners Winder, Jeppesen, and Jackson present. Six citizens present. Ada County Highway District Staff present: Gary Funkhouser, Terry Connell, Chuck Smith, Mike Brokaw, Keith Jacobs, Dave Zielinski, Marcia True, and Alice Sinsel. APPEAL - LICENSE AGREEMENT - BINGHAMSHIRE SUBDIVISION SIGN - Jim Howard was in attendance representing the developers of subject subdivision and explained the history of the plat and said the island has been shown on the plat all along and that they dedicated an additional ten feet of right-of-way to allow for the island. Discussion held concerning the request for a sign in the island area. The Commission was concerned for the safety of the traveling public and the staff has recommended that the sign not be allowed. Much discussion followed. Mr. Howard explained that the developer would not have any objection to making sure the sign is placed and designed as required by State law. The Commission suggested that the developer re -design and bring the new design of the sign back for approval by the Highway District. Commissioner Jeppesen then moved that the appeal be granted, subject to re -design of the island and sign to comply with State law and with the standards of the Ada County Highway District. Commissioner Jackson seconded. Motion carried unanimously. Right -of -Way Department to prepare the License Agreement for Commission signature. ACTION: RIGHT-OF-WAY. APPEAL - COUNTRY TERRACE NO. 2 - John Carter attended representing Hosac Brothers, the developers of Country Terrace No. 2 and explained their objection to the requirement to improve the portion of Country Terrace Way from the cul-de-sac to the end of the development. He stated that at the time the deeds were exchanged to align the roadway with the Meridian Greens Subdivision, there was no requirement for improvement of that section of the street. They are recommending that the street be improved at such time as Lot 12 is developed and that the requirement could be put on the plat. Much discussion followed. Gary Funkhouser explained the problems the Highway District has with making sure the street is improved some time during development. Staff to see if the County would be willing to have the condition for improvements tied to the development of Lot 12 and to have it indicated on the plat. Commissioner Jeppesen moved that the appeal of Country Terrace No. 2 for the deletion of the requirement to further improve Country Terrace Way be held in abeyance until the Highway District determines whether the County will allow a restriction on the plat to provide for the future improve- ment of Country Terrace Way. Commissioner Jackson seconded. Motion carried unanimously. ACTION: SUBDIVISION REVIEW SUBDIVISIONS - BOISE CITY CONDITIONAL USES Keith Jacobs presented the Technical Review Committee Agenda dated August 5; 1981. All Conditional Uses were approved as presented with the exception of the following: �1 CENTR* DISTRICT HEALTH DEPARTME4 Review Sheet Rezone # Conditional use # PreUminary/Final/Short Plan,., q Return to: Boise rKunaEagle eridian _ ACZ 1.' We have no objections to this proposal. 2. We recommend denial of this proposal. 3. Specific knowledge as "to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: _Cent al sewage _Interim sewage Individual sewage and Central water _Individual w ter _Community water well. 8. Plans for _Community sewage _Sewage dry lines, and 41entral water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. IF l �� .(e- oIaxw � `-=- �'y 117 �l I - l iu.4 9. L Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. RebieweA °by : Date r4 ® JUL s '� 1981 JUL 27 1991, ' STEVEN W. HOSACIConluf'Ung 0vd Fn EnEzz 2128 NORTH COLE ROAD • BOISE, IDAHO 83704 • PHONE 12081 375-7100 24 July 1981 Mayor Joseph L. Glaisyer Meridian City Council City of Meridian 728 Meridian Street Meridian, Idaho 83642 ATTN: City Clerk RE: Country Terrace No. 2 Subdivision Gentlemen, This letter is to inform you that we have notified by certified mail the twenty-nine (29) property owners whose property is located within 300 feet of County Terrace No.2 Subdivision, of the public hearing on this matter to be held on Monday, August 3, 1981. Enclosed are copies of the postal receipts for these notifications and of the return receipts. Yours truly, Stev n W. Ho ac, P.E. C lting_givil Engineer Jc/dd Enclosures 7.16.81 Re: COUNTRY TERRACE SUBDIVISION NO.2 After the Ada County Z oning meeting it was recommended by the ACZ to approve: To vacate the twenty (20) foot easement which appeared on the original plat and is now located in Calderwood Street. This vacation should be presented at the Public Hearing for the replatting of above Sub. 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J. - a J. m J• m J• n to m O cC w w v m c+ 'S w C+ cfl O w v, C+ C+ H J. N O J• =r Q c+ 'O A X a w O C+ mV o. O N n -o v v C+ J. Ccr r.' m N '* cam+ n 3 COC O J z Q� Cr O O w O f<D C r -o y C+ < 'l7 5.0 ai p m ew+ ' C O m O 4C m -7 H C-) M A a w Q C. 0 w N m m r+ w tn O m A m N w C� w r co M -Soc !L�\l -s o O m c O m O c+ w -0 N 3� O N C+ W a M ntn 0 c � E �� w cA-1 D r0D � =- w m to — J J. CL m H C-) 0 3 m z N n Z v m C-) 0 a v 0 z N J• � n � --�• o0 a CD J.'O m rni= J• N W 0 0 0 m CL -1 0 0 r+ I m 0 fl. 3w m C+ S J. 0 M N �w -00 J w ct J. =r t0 N w -s M M-0 C O N O C+ m m=� 5 CL -S cCl U3 wwC? m m o -►+ C �w cr J. 'J o O o w< o -'' Mo. C-) _ V C+ = wo e"% o fiQ m m o (A a 7< g C) m CD m s [� 0 -0 w w Q w c+ O J. La 00 O. O -h o 77 n r C O O w c+ Cl. N I:tsl __j o o s o 0 C N 0 m c rn ..�. G� J. A O' N 3 m .-a D r•r �z AL 3 1s,fl: ' STEVEN W. HOSAC Cons.ufan ctvlf � ineEa 9 n9 2128 NORTH COLE ROAD • BOISE, IDAHO 83704 • PHONE (208) 375-7100 10 July 1981 Mayor Joseph L. Glaisyer Meridian City Council City of Meridian 728 Meridian Street Meridian, Idaho 83642 ATTN: City Clerk RE: Country Terrace #2 Subdivision Gentlemen, This letter is to request that the City of Meridian initiate the appropriate procedures for consideration and approval of Country Terrace No. 2 Subdivision. Country Terrace No. 2 Subdivision is a re -platting of a portion of Country Terrace Subdivision, which is located South of Overland Road, 4 mile East of Kuna- Meridian Road. The subidivision is outside of, and within one mile of, the Meridian City Limits. We are enclosing fifteen (15) copies of the plat of County Terrace No. 2 Subdivision. If you have any questions, please do not hesitate to call. Yours (truly, Stevefz W. 4psac, P.E. Consiltirivil Engineer Jdn Carter JC/dd Enclosures 0 July 9, 798' Wayne G. Crookston, Attorney 1530 W. State Ave. Meridian, ID 0j3642 Would you please initiate a NOTICE OF PUBLIC .TEARING before the City Council August 3, 1981 at 7:30 P.M. for the following: A replatting of Lots 1 through 7, 12, and 13 of Block 1, Lot 1 of Plock 3, and a Portion of Co<<n":ry Terrace Way, a?1 in Country Terrace Subdivision as recorded in Book 42 of P ATS at Pages 3433 and 3434, Records of Ada County, Idaho Thank you,, la's a.n? L. Niemann City Clerk HUT' GI' TUASURr A Gooc. `'lace to wive OFFICIALS .�' �', -°> 's P f �!`� COUNCILMEN LAWANP.t_.N''.-'VANN,City Clerk �� � -� - `ms s __ ,>1:i.,.L��L.d• RICHA=ID C. WILLIAMS n7�ri�r .r•. 728 Meridian Street GRANT P.KINGSFORD 0 �P. .-�'.Ch'.efo?.olice 31LLBREWER 'UCD. Sur..10 Aftcrney MERIDIAN, IDAII RICHARD F.ORTON, JR. r 83o`s� HL) f': VV _ ,_ - _ -.,o Chln,. DONALD L. SHARP IARL'NAiRD, �j — Supt. Phone 838-4433 Chairman 7-onlnq B Plannln® JOSEPH L. GLATSYER Mayor July 9, 798' Wayne G. Crookston, Attorney 1530 W. State Ave. Meridian, ID 0j3642 Would you please initiate a NOTICE OF PUBLIC .TEARING before the City Council August 3, 1981 at 7:30 P.M. for the following: A replatting of Lots 1 through 7, 12, and 13 of Block 1, Lot 1 of Plock 3, and a Portion of Co<<n":ry Terrace Way, a?1 in Country Terrace Subdivision as recorded in Book 42 of P ATS at Pages 3433 and 3434, Records of Ada County, Idaho Thank you,, la's a.n? L. Niemann City Clerk `slenda 2 (Cont °'d) Milton Sub... There was more discussion concerning the difference of distance between the Preliminary Plat and Final Plat. Tape on file. Gary Smith concluded that he would talk to Tom Eddy, J -U -B Engineers Surveyor, to j us,t fy, the changes. _' Smith "Also, "Sanitary.Sewer" should be included in the utility easement for c-lari y sake and called out in the legend." r° Potter: That would be no problem" Smith:­"Z,want.to make's re when someone looks at the plat they`will know that M sewer, 1s,there..'k y , A at °..Fire Chief Welker questioned the street improvement. Potter.!`:, "Ada County Highway District;did.not require it at this time." Kings fo rd One of the conditions of both Planning & Zoning and the Council n, on thg Preliminary Plat was that they have to go before both bodies before this cdul tie developed.. Potter: . "Tfire-are struptures ion Lots 1 and 3" I�°,ngsfot°d:� , "Platting "doesn't change the back" iaotter.! Anything that happens on the Lot 2 would come before you and it was by �l,,,reement.that,replatti.ng would be considered necessary at that time." 'nu Nlrorfi`lai,yer: "Ts there anyone from the public that wishes to make a comment zd, cgncell�ing Rit1_P1 at..gf Mi 1 ton ESubdi vi cion?" 4 ,.,torn Crookston advised that there -,be no full !approval :unti..l !proof of concurrence. ThelMoti.on.was:made by,,Kingsford and seconded by Rick Orton that Milton Subdivision 'Ina, Alat.be approved with the cgndit'i•on same as Preliminary Plat approval; no development of,any kind, or'building of any kind, take place on Lot 2 until brought �F back to the ;Planning and Zoning Commission and the City Council; and with the .5tipulation';that the Viten (10) foot utility be changed to sixteen (16) feet; and that the .City.E'ng1heer;proves concurrence settling the property dispute." *t1on Ca.rried: Kingsford, yea; Orton, Yea; Brewer, yea Agenda V 3 Country Terrace No., 2 Replat and'Vacate 20 foot Easement in Calderwood Street 4 Jon Carterp.l40sac Brothers Inc., was present to request that the Country Terrace } 2 Rnplrat be removed- from the Table. (ACRD letter of 8.12.81 on file w/minutes ) payor 4144syer read from the Ada County H ghway District's letter of August 12, 1981 ",No buirdfng Shall be constructed on Lot 9, in Block 1 of the amended plat of f Country; Terrace SubdiOslon prior to approval of the Ada County Highway District, pertaining to, completion of,,improvements of Country Terrace Way lying southeasterly ;1$° of the 'cul-de-sac. The' -construction of Country Terrace Way from the cul-de-sac to .04, east boundry of this subdivision may be inappropriate at this time, since the east bordering land, development is,;not certain. Presently, the Country Terrace Way cuI-de-sac, is fully improved, thus providing improved public access for all ;s '1•ots,, except L'ot 12 and Lot 13 (the well lot; within the Subdivision. Since _„Lot l2 does not have improved public access and further subdivision of Lot 12 11 i:`anti;cipated, the District is considering the above note in-lue-of actual improvement oftountryjerrace Way, from the cul-de-sac to the subdivision be�undry..":{ OTS: Lot 12 gas changed to 9, Lot 13 changed to 8, see page 3.) Or Zbn.Carter: p1We have not received this letteret but we would y propose to amend th';is hate to -,place a similar restriction for t:.-2 water and sewer - that nothing can be`done- with that property until such time the street improvements, water and sewer 1i.nes instal ed., Th6 .Highway District of course is concerned only with the street." 1, Chapin; �;�,towner of Lotl ('changed to Lot 1, Block 2, page 3) and Al Capaul ��rece�ve�d 'cop,is otletter datedAugust 12, 1981. 1' �N1,flay.9r el leds; for comments or questions. wry ,nth, nsi neer ot that ,the Ci ty• has any contro' but the possibility exists ti � � 1 � i � � 15�'� c �^s i .P Cts :q i pg { 1 _ ,✓ f� 1 ir MeriHiar N Agenda 3 (Cont'd) Country Terrace....... that the City wou`d have control of the operation and maintenance of the water system and the well, and my concern is the access to that well if that should ever happen. Presently there is - Jon please correct me if I'm wrong - there's a 10 easement along the east side of the S-_idivis on down to Colcerwood." Jon Carter: "We have widened that easement to make a way get into the well lct, that was one of the Count/s request. You probably had one of the early copies and we have quite a bit of 1=eni back from Cn !ty Zoning since Qnp and their concern wis access to the well 7ot and w? have prow oed access hnze and easegont here. Qrter points out easement on m:.p) Smith: "Ts than: a travelable access?" "Will there be a road there?" Carter: "Yes - but on this one we weren't p"anning a road, yow can drive a well maintenance vehicle to the well 1ot,nowever." Attorney Crookston: "The now easegent - is t4at included as part of the amended plat?" Carter: "Yes, it would be on the ned7 olat" Crookston: "Who owns the lots that t:1is width for access is on?" Carter: "We do" (Hosac Brothers) Smith: "The record on this now is Lot 9 and not Lot 12?'' Carter: "Yes, we have been asked by Ada Zoning to renumber !:hese lots so there isn't the confusion between the nuTbering on the original Country Terrace and the new Plat. So we have numbered these lots one (1) through nine (9), Block 1 and Lot 1 of Block 2. There has teen notification of everyone involved in that. Smith: "Soo Lot 9 will be referred to as the previous Lot 12?" Carter: "1 ,was Loi: 12 on tin,s old Plat" Mayor Glaisyer: "Are there any other questions?" Bob Chapin: "What did you say about the change of Lot 9?" Carter: "This was an item brought up by the County Zoning Department Staff, they suggeVed that we ranumber the lots in the new S00 'vi s i on . i believe this is something we had discussed with you or one of the other owners, if .there was any problem involved kith the renumbering. There are d•s r.ferer t blocks now. Chia pi n' s lot 1s Lot 1, Block 2 now.'' Councilman Orton asked to see the new Subdivision map and 2o have the new numbering explained. Carter displayed plat and explained channe of Lot and Blocq; Numbering: QBlock 1 and Lots 1 ,through 7, 8 ant 9 and Lot 1 of -what was originally Block 3 is Lot 1 of Block 2," Kingsford: "Then the letts- from the Highway District 07 be changed to read the same?'' Carter: "Yes, it will be changed to read the same. Also should be worded so that it would include the dry yes sewer and water w4h t: _ streEE '`mprovemcrts , " Carter marked change of Lot and Black numbers or City Clerk's File Map. The Motion was made by Pick" Orton and secoUed by Bill Brewer that they approve Country Terrace Subdivision Nog 2 Replat with stipulation that wordir is placed or the Plat as re:conven0d by the Ada County Highway D`strict with the Lot changed to Lot 9, Block i; Well Lot changed to Lot 3, gook 1; Chapin Lot changed to Lot i Block 2; and wording added to include 0/2 v 7awar ann �nter tc the facilities and improvements to be made ',..-~:ore roadway is completed; and to approve vacation of the 20 foot easement in Calderwood Street. ;'Motion Carried: Kings"ord, yea; Brewer, yea; Orton, yea. Councilman Brewer questioned Keith Jacobs about street, gutter v d sidewalk improvements on the corner of Veridian and Cherry _7ne. Keith Jacobs: "The imc•:.ovemen's'at Meridiport Cherry L aqe in Vat area are about 300 feet designed further to Q; West, thrcugh that Qtersection. That has been a design :hat's been on the boars,, f bink has be< n approved. There's been some talk of poss? _ 'y' doing it but 1 aur,'''.:. know why=s^ it will come about.'' Mayor: "Keith, T thdught ACRD had made a deal wi Q Paul Za ti ka that yon would cut back that concrete island and they, were to n..end in lue V Yookup sidewalks all t1e • I • Meridian City Hall .3. August 3, 1981 Agenda 3 (Cont'd) Condo,'s...... Question Williams: "I would think under this motion we have circular logic - they cannot bring the project into compliance until we approve it. Right now it is not in compliance with the Code but they can't bring it into compliance until we allow them to obtain the building permits to go through the motion." Attorney Crookston:. "They can get a building permit to improve their housing." Williams: "O.K., so then they come back to us?" Crookston: (Indicates yes) "Just like you do an addition to your house, or bringing a garage into a room." Mayor Glaisyer: "Any problems with that Jim?" Potter: "No,,.I believe he understands that" Question Kingsford: "This is a public hearing, do we continue the public hearing until such time as they do bring it back to us?" Crookston: "The Public.Hearing for this particular action. If you deny it, he has got to come back. -You probably could table it and he can come back when he needs it and then you have another report by the Building Inspector." Brewer:' -"I recall the second." Orton: "I recall the motion.". Question. Williams: Mr. Mayor, we should not have to table this because of setting a definite time." Croodston: "You should set a definite time." There was discussion concerning the time frame of structure change or plans approved. The Motion was made by Ortbh and seconded by Kingsford to table the request of Jim Kane, Valley Contractors, to convert a four-plex to condominiums until the regular Council meeting to be held September 8th, 7981. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda �- 4 HEARING - Country Terrace No. 2 Replat & Vacate 20 foot Easement in Calderwood Street Jon Carter,for the Hosac Brothers,was present to represent Country Terrace No. 2 Replat. Mayor. Glaisyer: "Hearing is now open" Carter: "About a year ago at the request of the City of Meridian, we made some changes along Country Terrace Way within the Subdivision. This was done by exchanging deeds with the property owners and the Ada County Highway District. These deeds have been reviewed by the Meridian City Engineer. Since that time have run into a problem with the County Zoning people and they said the best way to do this is not by deed but to do it by plat and we can't do a short plat on it under their platting procedure, so we have to go with a full blown subdivision plat. This amounts to reaffirming what has been done by deeds in the past. That is basically what this plat is -°a re -drafting of Country Terrace with the road straightened out as has-been done by the deeds." Carter displayed plat and pointed out changes of Country Terrace Way and Calderwood St. Mayor Glaisyer: "Are there any comments from the public?" Robert "Bob" Chapin: "May I see the plat?" Mayor instructed Chapin to come forward to view the plat. Al Capaul: "i.have some maps of MeridiA (displayed) and when this was originally platted there was a culdesac with a golf cart lane between (Country Terrace and Meridian Greens) and the Council made them change' it for a road. I have one question, these are all maps of Meridian, why weren't more (culdesac's) made to go through for fire trucks and emergen"ty vehicles." Mayor Glaisyer: "Well for instance on this one, they have other accesses." Capaul: "The reason they are changing this is you say the emergency vehicles could make a wrong turn,havo to come back around in here before getting into here (Meridian Greens). What happens here?(refers to maps displayed." Mayor: "I don't know what the distance is on that map but a culdesac has to be a certain distance - maximum distance - and also a certain width for a fire truck turn -around. You didn't have the access to and from.." • weridian Citv Hall .4. August 3, 1981 ends 4 (Cont'd) Country Terrace #2..... Kingsford: "Your original plat did have this, then the developers drew a golf cart path after that. The original plat showed that right-of-way through." The original plat was displayed and discussed at this time. Tape on file. Kingsford: "The culdesac was a temporary culdesac and never intended, at least by the City of Meridian to be a permanent culdesac." Williams: "It was approved as a temporary culdesac and that is the original plat." Kingsford: "February, 1977 is the date." Capaul: "What.was the reason the street was changed around then?" Orton: "Since the original plat was - we decided to make themrtake the right-of-way through and not allow the golf cart path as this was a mistake in communication - we made them Out the right-of-way through as was originally planned. Between that time this plat became available and now, instead of going of to the side, it would be of_course smarter to match this road up with that one rather than going down here." Capaul,: "Is this{A`recorded?" Williams: "It's in final plat stages" Capaul: "How come we are worried about this one if it's not completed actually?" Williams: "We are providing ingress and egress - that is the final plat." Kingsford: "This has been approved by the City as a final plat" Capaul: "So they can't change this, no matter what then?" Kingsford: "They would have to amend their plat again." "As this one is" Capaul: :"Sd if they ever build anything without any further notice�)thi's is the way it has to be?" Williams: "Right" Capaul: "I was under the impression this wasn't -recorded yet." Williams: "It's not recorded it is final platted." Kingsford: "And approved by the City" "If they decide to do anthing else there will have to be Public Hearings on it." Capaul: "What about when he changes around here, are the covenants going'to be the same here as for here?" Kingsford: _ "That's entirely up to the developer" Carter: "Yes, they will be. This was our thinking, as we were dealing with a portion of;a subdivision that has covenants it would also apply to this. Conrad King with County Zoning tells us that's not so - we would need a new set of covenants `or what we call Country Terrace Number 2, and we would propose to record exactly the same covenants that we now have, unless the majority of the property owners want to rewrite them somewhat. The covenants must be approved by 75% o-`' the property owners, I believe, or the owners of 75% of the property, I'm not sure - whatever the owners would like we would be happy to write in the covenants." Capaul: "This 6 .6 acres here, there's a building lot here - there's only one 'on this six acres - Carter: "Well,actually the entire lot would be a building lot" Capaul: "right" Carter: "the only site suitable for a settling system is right here in this corner" Capaul: "If someone buys that whole six acres - is�there anyway they could put cows, pigs, etc?" Kingsford: "That's in county - and your restrictive covenants." Williams: "That would be a civil situation." Capaul stated to City Clerk that he was owner of Lot 3. David Hansen: "You indicated that plat had been approved by City Council, will the change be made prior to the subdivision being annexed into the City, or can they be made prior to the City annexing the subdivision?" "We are not part of the City ;et and I was wondering if that road, or the culdesac be straightened prior to being part ;N of the City? Or are we leaving this to be done again?" Carter: "The road has been straightened now by means of exchanging deeds between the owners of the property adjacent to the road acrd the Ada County Highway District. All the plat is doing is recording an accurate picture of what has been done by deeds - trading slivers back and forth." Chapin: "I just want to leave this with the Council - when we came in here and bought property I was told , I have nothing in writing, that this was a culdesac - they didn't say anything about a temporary culdesac or anything else. I was led to :believe Meridian City Hall Agenda 4 (Cont'd) Country Terrace..... 5 Auaust 3. 1981 that there was a golf cart lane that was going to go down through there. We did give an easement for that road later on, when we paid $18,000,�for the lot we thought that was going to be a culdesac. We would have never built there if we had known that was going to be a temporary thing. I never saw this original drawing of showing the street the way you want to put it today." Kingsford: "This isn't what is attached to your title policy?" Chapin: "It probably is - I didn't see when we bought it" Capaul: "This is the way it looked when I first saw it but now it's like this." Chapin: "I was told it was going to be a golf cart lane." Carter: "One thing you may have seen, in the original designs for Meridian Greens, we had Country Terrace Way going this way and I believe there was a golf cart path going about this location into Meridian Greens, connecting between the two subdivisions. The street has always been there from the original plat, subsequently this golf cart path was removed and the street was straightened out." Kingsford: "I'think Mr. Chapin was right, after it was done, the developer made an effort to changi�It to a golf cart path. I don't think it was ever quoted by any govenment agency." Chapin: "I don't want to go on record as saying that Ii thought they told me, they did not, that the golf course was the sure thing - they didn't say anything like that, but they did lead me into thinking it was a possibility and this was going to be a golf cart lane." Al Capaul:" "If this road goes through - the one at that bottom (Calderwood) - who is going to have to pay for this work?" Kingsford: "The.developer of that subdivision" Gary Smith, City Engineer: "ACHD has requested that the developer include Country Terrace Way with the Subdivision boundary from the culdesac - that the development of Calderwood would be done by the owner of Lot 12." Carter: "As of such time it is necessary of development..." Smith: "Right" "How does he get from here to here?(pointing out plat)assuming that this doesn't get developed?" Carter: "At the time that this lot 12 is developed, if that were to happen before Meridian Greens were to be developed, we could only assume he would have to replat Lot 12 and possibly bring the road back this way (pointing out plat), because right now there is no way to for the other end of Calderwood to connect either." Smith: "Alright, the second thing - the access to Lot 13, the Well lot, has been changed. Is there now a way to get to that well, lot? The one time I was out there you went through lot 7 to get to it. Carter: "There is a pretty steep cliff. I do believe people have used Lot 7.for access to Lot 13. If someone were to build on lot 7, 6 and 7.they are both now vacant, that means would not be available. This is why we have left an access easement here, down to Calderwood Street. We have a drainage utility easement here and we have shown an access easement here. This was one of the County's conditions that we provide a way into Lot 13." Smith: "The'City isn't concerned with the well itself because it's a private system but I f the Homeowner's Association has to get back there, they can get back there is that correct?" Carter: "Yes" Smith: "My other comment has to do with the water and sewer extension from the culdesac to the property boundary line." Carter: "That would have to be done along with the street improvements" Mayor Glaisyer: "Any other comments from the public?" Williams: "Are they going to improve that?" Carter: "At this point it is a condition of the Highway District's approving the plat. We have a meeting set up with the Highway District Board this Thursday and we will get their input at that time.` Williams: "That does concern me quite a bit Mr. Mayor, I would hesitate to approve this tonight without firm assurance that we were going to get those water and sewer lines extended to the Subdivision boundaries. I would hate to approve this on the basis they say yes, we'll do it and then everybody conveniently forgets about it. It's dry lines and if that ever comes into the City we are setting there with 200 feet, dig up the street and put in water and sewer lines - I'm not atuned to do that." than City Hall Agenda 4 (Cont'd) Country Terrace.... w August 3, 1981 Carter: "Well, it is a condition of the Highway District's approving the plat" Williams: "Not for water and sewer" Carter: "On the original plat on Country Terrace there was a 20 foot utility easement on the south boundary. That area is now in the right-of-way area of Calderwood Street and we would like to vacate that easement. It is not being used .for any utilities." At this point we have an easement on top of a street right-of-way. which the County does not approve of. Before we can get approval of the plat we have to vacate that easement." Mayor Glaisyer: "Any comments from the public?" Chet Hosac: "I developed this Subdivision. After many, many months before you gentlemen - some of you were here at that time - all of our requirments were met of,the City of Meridian, also by Ada County. You all know about our long crying time -" be had. We do -.have dry lines in, the same conditions would apply - this man couldn't get -a building,�p',ermit without water and sewer from the City -" Williams: "Not from us - we don't give them." Hosac: "Well, from the County - from anyone. Ada County Building Dept. is not going to give a building permit without a water and sewer line i,�." Williams: "I'd think they could put in septic system" Hosac: "I would assume that the original plat as shown here, conditions of that time would apply to any future development of this plat." Mayor Glaisyer: "Can you put that condition on it - that sewer and water would have to be ­nstalled when the street was improved?" Hosac: "It would appear inequitable to expect us to develop 200 feet to a dead end street until such time as Meridian Greens is developed - aru at such time then obviously the developer would move the equipment in and there would be no pavement there to break up, pick up the end of the dry line, the water line, and extend it through to the other development. To put a restriction on this at thi' time - put in $25,000 to $30,000 worth of street, dry line and water line, to achieve one (1) building 'site is not too reasonable.in my opinion." Williams: "Isn't that what Ada County Highway District is asking, that street to be erxtended?" Hosac: "I don't believe it's a condition but until such time as this future development to the east." Williams: "Sounds like it was a condition of the plat." Carter: "It is a condition of this plat, yes" Kingsford: "You don't want to tear up new asphalt to put in dry lines" Hosac: "Absolutely not, if we did this the dry lines, water lines are laying right here at the end of the culdesac at the present time." Williams: "But if Ada County Highway District is going to require you to put the street in, before they sign that plat, why not put in water and sewer lines?" Hosac: "Certainly, we would before we pave the street" Williams: "But they are saying they are not going to sign the plat until you put the street in" Hosac: "What was your condition in wanting to table it tonight?" Kingsford: "We just want to put -'7e same condition that the sewer and water be extended under that street." Hosac: "Is there a possibility a variance could be granted in case we didn't consider this as a building site on lot 12, before this street was extended or water and sewer put in." Brewer: "I think it is only fair to those people who own those adjoining lots now that they see the finished project close to their homes. I think that should have to be completed right up to the edge, right where it shows." Hosac thanked the Council and was seated. David Hansen: "Did I understand that when that street is knocked through it does not necessarily be paved?"` Mayor Glaisyer: "No, I think that the ACHD requirements was to be paved." Williams: "Let's go back a period - you say there will be a hearing before the ACHD Commissioner's this week?" Carter: "Yes" "Regarding the plat of Country Terrace" • Meridian Citv Hall Agenda 4 (Cont'd) Country Terrace.... .7. ust 3. 19 Williams: "But the initial condition they have said was that before they sign the replat they want the street improved, is that correct?" 8il r on: "Doeyou plan to try and talk them out of that requirement?" Carter: "We are not going to try and talk them out of it - obviously the street is going to have to be improved." Orton: "Are you going to try to delay it?" Carter: "There's a possibility" Until the improvement of Lot 12. Orton: "What's the future plan for Lot 12?" Carter: "It's on the market - we don't plan to develop it. As I understand, it can't be developed due to the water table until central sewer is available." Mayor Glaisyer, (addresses Attorney):"Couldn't they give us a Bond, same as they do Ada County Highway District? Because I don't think AND is going to require them to put that pavement in therg until such time as they do develop." Orton: "I hate to see us getting into excepting bonds - business develop beyond." Carter: "There:'.s always the possibility that if we were to go ahead with the conditions like everyone has laid them out for us now, improve the street, put sewer and water out to the boundary - we understand that the Meridian Greens project, the property, is now for sale. And someone has raised the thought of putting an Industrial Park in that area - at that point would anyone want the street connection?" Into the residential subdivision?'' We might have to tear it all up and change it." Mayor Glaisyer: "We don't know that Jon we are just going by pure speculation." Williams: "I think if that happens we will see more neighbors of Country Terrace than we see tonight." Al Capaul: "What if that does happen and you make Hosac's put that through there now, and a couple of years from now here comes Industrial in there I sure don't want to live on a street where big trucks come through all day. I've got little kids and there are other little kids out there- if this does happen there's going to be one headache after another." Mayor Glaisyer: "If there is a request and they have intentions,Al you will be notified by certified mail, there will be hearings and you can come in at that time and make any kind of comments you so wish. Today it's just speculations - I don't know what we would do, it depends on what their use would be." Al Capaul: "Could we make them take that road out if this would happen?" Would we have the right to say "take.that road out?" Mayor: "Very possibly" future Brewer: "I think this Council, or any/Council, if it came down to that would be to protect the people within those boundaries. I think we would try to start all over again and try to make it right for everyone. I wouldn't want to live there in that circumstance either." Engineer Smith: "What was the problem with the Quick Claim Deed?" Carter: "The County Zoning Department seemed to feel something was not done the proper way and we might have an illegal Subdivision and split out there and they wanted us to do a plat on it." "The Highway District didn't have any problems with it - it's the Zoning people." Williams: "As I said four years ago, this Subdivision should have come into the City in the first place - we are going to have more problems because too many jurisdictions with their thumb in it." Smith: "It may be part of the stipulation, but when Meridian Greens develops that Subdivision it may be that they develop that extension to tie into Country Terrace." Carter: "That's one of the things we wanted to discuss the possibility of with the Highway District, that they make the extension of Country Terrace Way from the Culdesac to the boundary with the condition of off-site/required of the Meridian Greens plat." improvement Smith: "And they would extend the water and sewer at the same time. At least it would tie that street with the future development, if it does develop as a Subdivision." This of course would be contingent upon the County excepting the Quick Claim Deeds." Orton: "From a practical standpoint, when Lot 12 will be developed, and it will be developed at some time, that construction could occur at that point with the condition of that plat too - the only trouble would be in the meantime Meridian Greens may develop and we may need the hookup and we would be sorry we didn't get it done now." ridian Citv Hall Au4ust 3, 1981 J Agenda 4 (Cont'd) Country Terrace.... Mayor: "Any other comments from the public?" No Response "Public Hearing closed." There was discussion. (Tape on file) ni Chapin stated that the culdesac is now paved, curbed, guttered and sidewalk all the way around. There was more discussion concerning the condition of the property if the street was to be extended. Country Terrace property owners stated that they 1 have tried to keep the weeds down on Lot 12 and that desired the culdesac not to be torn out at this time. (Tape on file) 1 Williams states that he would personally like to hear the decision of ACHD and that he would like to see Country Terrace within the City Limits. The Motion was bade by Kingsford and seconded by Brewer to table the request to replat Country Terrace #2 until August 17th, 1981 pending outcome of the Ada County Highway District's meeting. Motion Carried: Kingsford-, yea; Williams, yea; Orton, yea,, Brewer, yea A7da 5 Bills were read. The Motion was made by Kingsford and seconded by Williams that the bills be allowed-... Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Ageenda DEPARTMENT REPORTS: WasteWater Sup't Earl Ward reported on Surface Well #2. Ward: "During the last Coucil meeting I was directed to get a price on getting Surface Well #2 bucketed out, obtain one of the other pumps. Ken Witt, Well Driller who did the work originally, estimated around $2,000. That would be to clean the rod, about 45 feet, the casing is perforated so there is no problem there, and move the other well. This would not include electrical wiring which would be in the neighborhood of $300.00. There was much discussion concerning Water table at ZamZows and Storey Feed & Seed. (Tape on file) Sewer Commissioner Williams instructed Ward to put together the cost information of bucketing, moving pump, electrical, etc. to present to the two mills. It was thought that these two entities would consider sharing the cost to re-establish Surface Well #2 in order to reduce the water table problem at their businesses. Fire Chief Welker announced a 10:00 A.M. meeting at the Fire Station to view a new,fire truck and for demonstration. Fire Commissioner Kingsford described the trucks performance. Fire Chief Welker announced the Annual Salmon Feed presented by the Volunteer Fire Department to be held August 7th. Attorney Crookston presented a proposed Ordinance pertaining to "Second Hand,tand Precious Metal Dealers" Crookston suggested a hearing and working with the Pawn Shop. r; Agenda 7 QTHER=BUSINESS:-;: The Motion was made by Kingsford and seconded by Williams that a bill from the American Arbitration Association for $1800.00 against deposit for Arbitration Compensation be Tabled. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea Planning & Zoning .3. July 13, 1981 Agenda 3 (Cont'd) Andrews: "The only reason I thought about retail is that somebody else had asked me if they could put a beauty shop in there." Hinrichs: "Are there any comments from the public for this rezone request?" Jim Potter: "I support the applicants request, I own the property across the alley and slightly to the east and I believe that is the proper zoning for all of that." Hinrichs: "Since there are no further comments the Hearing is closed." The Motion was made by Spencer and seconded by Sharp that the Commission recommend approval to the Council of the rezone to "C" Limited Office for 223 East Idaho. Motion Carried: All yea Agenda REPLAT 4 Preliminary Plat Country Terrace Subdivision No. 2 Steve Hosac:d John Carter were present to request the replatting of Lots 1 through 7, 12' and 13 of Block 1, Lot 1 of Block 3 and a portion of Country Terrace Way No. 2 Steve Hosac explained to the Commission in.detail why the requirement was placed to extend the road into future proposed Meridian Greens. Hosac displayed the original Subdivision Plat and the Replat map. Hosac: "All of this right-of-way exchange has been done by deed" "The reason we are here today with this application is that everything that was done was done by deed - the right-of-way exchange, the excepting off of the rear most oart of the lots and so forth." Tape and all maps on file in City Clerks Office, Mer$dian City Hall. The Motion was made by Lee Mitchell and seconded by Don Sharp that the Commission recommend approval to the City Council of the Preliminary Replat of Country Terrace Subdivision Number 2, replatting of Lots 1 through 7, 12 and 13 of Block 1, Lot 1 of Block 3 and a Portion of Country Terrace Way. Motion Carried: All yea Agenda HEARING for converted Four -flex to Condominiums - Fanklin Square 5 Jim Potter, Potter and Associates, Inc., was present representing Jim Kane, Valley Contractors. Hinrichs: "The public hearing is now open." Potter: "Have you read the FINDINGS OF FACT?" Sharp: "I agree with Dick Williams, we live in Idaho - not New Jersey." Potter: "Unfortunately we have no case law here in Idaho." Potter: "We have an existing four -plea. At the time it was constructed it met all fire and safety and other codes.for apartments. There is also a basic law that has been upheld in several state courts including the U.S. District Court in New Jersey that says that you cannot impose different 'standards from tennant occupants and owner occupants. When somebody sells a home in Meridian we do not require that the home be brought up to current specifications. This is what my client is being asked to do in this case. The problem we see is this, he has been told that he can convert this to two different ownerships - a cooperative ownership._j4hi_ch_means I get four of you together and I go down and file a cooperative papers --)I Sharp: "Who told him this?" Potter: "Building Inspector; and I understand it has been done here in Meridian. That's what is disturbing to us as that is what "Condiminium" means, ownership is cooperative in this." "These units meet all fire and safety codes, whether they are tennant occupied or owner occupied there should be no difference. The only factor is that the Safety Code has changed in the last two years." Eddy: "You can't compare with a residence." Potter: "It is a residence." Eddy: "A residence is four people, not one person." Sharp: "I disagree with you Jim because this is not a resale of an existing lot,