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HomeMy WebLinkAboutGem Estates Project FileMeridian City Hall .5. April 201, 1981 Agenda 5 (Cont'd) the Council decided to hook that up then they would have to come up with funding for those checkers and probably for the main lift station." Kingsford: "So you are saying the sewer would be routed on down Franklin, to Black Cat and then pressurized over - that there will never be a total gravity line?" Orton: "That is correct. Gravity lines will follow the drainages - that was the plan." r ;,-Agenda 6 I v, Mayor: "Earl do you have any comments? Ward: "That the topography and that's what we have out there - if you go for a regional you go for a lot of little lift stations, for individual pockets." Orton: "How many of these are in the current plan?" Ward: "Off -hand I would say around a half of dozen - depends how far you want to go." Orton: "And of course if we change our Urban Service Planning Area several of those will be dropped out if we drop that south-western portion on Urban Service Planning." Orton: "Our current Comprehensive Plan calls for this to be industrial use?" Morrow: "It does" Mayor Glatsyer called for further comments. Fire Chief Welker: "Relating to the statement on the Fire sprinkling, there is other things to take into consideration. One is the type of the building, the other is the water flow demand and supply available for sprinkler systems and fire fighting and the third is that we don't have the equipment. We don't have the equipment for an area this size and require a purchase of another fire truck." Chief of Police Nichols: "The Police Department will need more people to cover for patrol." Brewer: "I do not like being so negative that we can't overlook some of these things - granted, I know our Police Force might be slim and our Fire Department aren't prepared, but these people are not about to come out and develop all 135 acres of this off the cuff anyway. I can't help but keep thinking that supposedly growth pays it's own way and if we sit here and continue to vote negative and say it's not going to pay it's own way - we are never going to get a blasted thing here in town. I think if this is to grow in parcels, if it goes, and the City starts reaping some of the benefits then we can afford to do a few of these things that the area is going to require - and I'll gamble on it." Mayor: "What do you estimate the evaluation to be at completion?" Knickrahm: "Probably around one-half million per acre - that's fairly conservative. Say a 60,000 sq. foot warehouse including land might be a million and a quarter to a million and one-half - that would consume outside, parking etc. Times that with 135 acres - so you are talking about 60 million dollars on a conservative estimate." Orton: "Their land use conforms for planning, their sewer proposal seems to conform to our planning - I'm sure they will follow -the water plan." The Motion was made by Orton and seconded by Brewer that Linder Industrial Park Annexation request and Zoning "D" Industrial be approved. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea Williams, nay Williams: "I don't think the numbers are there. I think this Council should very well sit down and look at the 1% and run some numbers on some of these projects and find out what it costs. I'm a businessman, like these gentlemen are, and I will not invest in something that's going to cost me $1,000 and then I sell it for $500.00. I think we have some facts very, very wrong and should look at some numbers."' Mayor: "Gentlemen you are now Annexed." Hearing Closed Gem Estates Final Plat Mayor: "Our Engineer Gary Smith is not present tonight but I understand he has no problem with the Final Plat. Earl?" Ward: "All they have not completed, as far as I'm concerned,is the payment repair. I °have no idea what the cost, willbe.' Ih i .� to b� 1 y t I • 0 P Meridian Cid Hall .6. _ April 20, 1981 Agenda 6 (Cont'd) Attorney Crookston: "The only question that was raised when I talked to Gary was whether or not Gem Estates Hearing prior to Subdivision approval. And the question came up whether they had Final Plat approval back in 1973. They will have to go through that Hearing procedure again." Kingsford: "Is there any way at all for the City to go ahead and grant this Final Plat? How does it benefit us - because it sure isn't what they originally set out to have - or even close. I can see it benefiting the owners - in what way would it benefit us to Final Plat?" Crookston: "It will be easier to discuss that property as Lot and Block." Kingsford: "The Reeves Estate is still included as Lot 2 Block 2, -" Crookston: "Well that's the other question as to whether all the property owners have signed this plat. This is the biggest question." There was more discussion concerning the fact that the Final Plat had or had not been approved or filed. The Motion was made by Kingsford and seconded by Brewer to Table Gem Estates Final Plat until the next meeting. Motion Carried: Williams yea; Brewer, yea; Kingsford, yea; Kingsford, yea Agenda DEPARTMENT REPORTS: 7 WasteWater Sup't Earl Ward: "The progess on the Locust Grove sewer line is satisfactory. They will have a problem though, if they don't come up with the railroad crossing easement - they are going to have to stop." Fire Chief Welker: "The more people we take in the more need some pre -planning on equipment." Agenda 8 Mayor Glaisyer: "We have an Interim billing from J -U -B Engineers, Inc. for the HUD Community Block Grant Application, the sewer rehab on the older part of town. The Motion was made by Kingsford and seconded by Williams that the billing from J -U -B Engineers, Inc. for HUD Community Block Grant Application request in the amount of $1,437.57 be approved. Motion Carried: Williams, yea; Kingsford, ,yea; Brewer, yea; Orton, yea Agenda OTHER BUSINESS: 9 Under other business Brewer commended Leroy Nelson, the operator of the Meridian Speedway, on the opening day races. Brewer stated Nelson had the track interior looking better and that speedway had been handled professional. Orton reported that"they did have a test on Locust Grove Well and it is showing unacceptable levels of iron and tepidty, those are perameters that may disappear after a lot of pumping. We will just keep an eye on that." Orton: "The bids were let on the water project on East Carlton and he is about 80% done at this point. He was the low bidder and come forward with his bonds (Dean Crane Construction, Huntington, Oregon). We have two houses on that line that hooked up from behind previously - this water line will be out in front. At least one of those property owners got this project confused with the HUD project and thought that this project was going to put the service line from their property line to the old meter, which would be on private property. The intent of this project is not to do that - we bring the line to the property line and install a new leader if necessary. Bruce Stuart: "I've got her squared away on that" Orton: "We'll drop that now" Orton: "We took bids on the equipment. If we sell all the equipment that was reasonably priced we end up with about $4,800. The items that we did not get decent bids on were pumps, motors and discharge bases which we'll scrap out for more than was bid on them. In the bid which we haven't aborted at this point was the Pick Up and the old dump truck. The Pick Up we had in our budget this year to replace anyway but the dump truck is somewhat of a question - do we want to sell it, we are only going to get $235.00 - that's why we haven't awarded the bid yet. We need a good dump truck P Absent: Bruce St Gary Vez Bever Dr • Hehi Jung 23, 1975 le C*airmafi, W. D e Pkivere tlo�4kon ertse Oren Frost® ills; Al Pipiniche to Voen Richard Orton J asmOrY, H orman Fulle g ®1 ®V+twood. Robort e P r Lembke s`i Yot► 4 6'6'l to the would OL a e b U11W Ui �W - - --- C` r Mhe- e t the D strict Health would ro`e D lines t o t ora bas s )ettez! was then rea� C t D tr ct Healt Da rtffi®n statin — _, �-_:. .,4+s, A V Ii as fo connection S e a d co inatall tion of d roes nd drain ore tI ev s been seer a* ed the En inner, Ing vlo' COMPIlt oR n etz 4n es t t. t e t he En Hearin firm would know the a e s of lines to b, s alled under the ro act and Raoul be a 10 to ve d rection of floes a d r a le els-to enter the now ines Ho ful � ;his 7oLlld take place be a th deve o er would need to 1 ce his lin se ro osal from Merid an H_i hts sass discussed® This s a nVu r osal _ Invol in additional lands in tis ar a Between victorano Ami on Meridian � d l�in� to the �le�te his ropos 1 is to include W s pan ti ter ct Sewer ro r t was decided that t is a � ea isloutside _ the Meridian lane ng ar -- a and that no re gsonse was necessa ' as 1 n as they assad the se er an gate use and wdi�droto ---- b th@ Distr .ct Hl�alth Department,, he letter was read c ncer�i Cre t twood @ failure to Rr Glai er t prop rly - Subdivision land int his ame f om Mr. reco the ownership of th Voll An® h®r letter was read stati g that this transfer f of ershi has been prop ly transacted and th t th plat is recorded and can a ax cuted for land ales, _lot he Commlssion then our ed to the Hearin Roo to ake uthe 6attora 1�1 0 40 AWN, Meridian Plannine and Zoning April 149 1975® Meeting called to order by the lChairman, Wm D. Skiver® - - Memters Presents Owen Frost; 1 Pip nick, Willard Rowley it Jas ted that the March 17 h min tes stated r6commend d multiple Iwellings, M Stated single family 1 st ry on Pine and Broad y, for the Roy Wood arty, which Is to be o d Marcum and Dawdle, _-An-Y-roWit _= � t _� _ favor dwel.Lin_gs d -going back to the wi& 1 motion which hdd - recommended, _nu ltiol - n the lots told the boty c erks that he favored the tip3e duelling Mot on of March 17 the Jack Dawdle i ndica ed that his financeing would sui best the Multiple dwelling sid concept. In facts r the development any there wa oth way. a possibility that they would not con® Jack aoudle also stated that they ere providing two off stre t parking fac lities for each lot, whit was to be placed in back of the apartments, Thi would allow vehicles toldrive out of the back parkiag instead of back- ing out on to Pine and B oadv y. There would be 19 lots in thiq deur opmente The motion was made by en Frost and seconded by Willard Rowley, that the commission rec o mme d to Est the City Council that the Froper y dev lopment byKarcum and Dawdle, Gen tea, be accepted for multi -family dwel ings, awas originally plannel and passed on March 17, 1975- , a 'est: W. Do Skiver, Chairmm _ I I �I I I Mor idi=- Planning and Zoning March 31. 1975� called to order by the Chairman Skiver nmnt*. Don RobQt I_EipinLch•, Mlard Rgw�IV- yj 0UQ n Frost PAdWonal disoussi n fro u the last g®tin when Hultiple dwellings iad be , -n tentatively approved. in the devolopmont, of Frank Marcum and Jack Doudle menti nod that he felt that the present TA Chairman --W,, D4 Sklk"r type of welli mntal should rr should be maintaincd n le am is sin le family dwellings on ins ?ino and f one f one continued on 'West -Broad story conotruction,, load Y,, yo Ihis area TI motionf made jo motion tmq made b_y ' m Oven r rost, md seconded by Al Pipinic that that comision the Cit to the C 'Ounc .1 tha A in t he Roy wood propertY o be developed -the by Isme woa DLb .b and Dowdlon that all that a, IhI fr front olt lots facing Pine and Br adwav be r otricted I aiJln f dwellin s o� or lot with single story constru.-tion otion Passed, All Yea, .0 Jacd pz!pposal in ft FixhU etas taken up from the Labbe and diocual�ed. Ar- Skkvnx- oDoned the roma kis bT stat in that the planning in this ar a is no P_ompW,sd at this tims., and that fe he fe t that t that to allow Mr. Fairch Id to be granted TOnr,, than go to Conmercial would not not a wise at this Lim®o td In cogs grin this t® tL Fuller ler d vel Selo merit a distance '01 h r furth r i7jos '7'0 s a where a wh —small -ommorcial is being liposcd t® t1he Count V Zoning, it eras n ed t 3 n t0 a'— at this h: sroa 13 in a i)lanned devoloLent area the midst®fa large roe reoDdonti I proposaL, P ropor al. .f Lk thio c3mmorcial is to SUPP4 the needs of the immediate are e of Uio noi.hborhood, T tj Mr. Fa 0 property of �rchild IVi ig vest of Moridian o ' Cher Cher�y Ian in the in the Imiddle of the mile betwoon Ln&4 and ,en Mile, is an isolated aid would reproclant a spot Comm orciak, vji h con4ontration for problems-rolited -parcel tat would res t difficulties in con� rods (thers of the cow soi n vo cod tiva 'cod thoughts that this type '5tt f do Ilopoment might not blend with the wth hat .4ght extend to this area a a latj-T timed Tho motion eras made b Will rd Ro4py and seconded by Owen Frost the the commi-aion recommend to th� Citi jCount 4 that thG property ; opocal by Jim Fairchild on wort Under West of Meridian,, requesting a zond ch go to commercial be deglod, Notion 12aased, All Yea,, Hoz,id Plnnninrg- and Zoning HeetiaG called to o,ldes b� the phairman X. N SUvop llembsz�s present- O��on FIs",- ))Ln Roba is 9 Willard p' ) wley � Al P-2pi nicEag - N e h, ,a � rlc,' ox voce - — � �? � ,®' �� ® ®�e nye Ias U-scussc,ao V 10 pot `�00 clea2- .n� th ovdi Dceso Mese should be --- re Ye and Touglitt Up j � '� Ic - --"t tno pointed out ����_ ®���� E a�a been � ®�_� a n®I, is p���ia9ic he'al'ing � ���b? `s c �?.C"`�S" fid `I li C.R�Ii� � � 3 �Q�Q � }'� &1 G ©i �_gY "i 5'3 �'� FL'Q�� � �j.411� �5 &�. c Iia'. n, G -- ---_ t � � > V�� ®s ��1 ln�Q �� 'FII'® �A_ I" lie D ®GCcdu e Mora cf ea i �' �E-I, i L'9a��i-'a_ Do i cv All l -- be C`'1`? Fnt'r.`1i ne, 1 aaccor I id(y �p3 �l l a�tion by tho City cou!aQil ! ast oq,nth.-----�-__--- Hz. SEs i ever zemarl�co'd hat: ince �,he Dond Elaot;i on hawould ���� 1 t E?eN�e d be - 00: - ---� -----� -0_ r0 r0Tu(a 0In® sole _chafes caro nd the C I! t vo ?_ SE-loez- ChOuGht iiElhn, t.,13 Fath ol boayd should be C�ns.ql£�ed to i inn uhialb con"Col_ iag develovment and places that _, oOwvh to o`�'cl or ^ ow,,I d no-c,� ire' a `� ©C9c,�o - --�--- - ----- - -�- - Imo- , i --- -- - -�----0- - ¢. 'j^d (� 9- p� y q�/�-1+�-q-- 9-9q-9--- �- - �y ry—^� �r�r� ��1 �e i d6b ®�pI 1S sdL' S V on +��e.1Ild coop�I �l+ �v0i d Geo ci�..'on ag -.. - -- Hr o SE `i neT reported Ithat he has' nott with tha staff pnl ®ple] ® t h� l�C�JG o `� ��ey 8 s"1�% toI~E®k`�`a �i �`?��'�:�®s1 tll� t =4.uQ e�'®s'�-' -- -- ----- �e 51 ®� t� e� Ul assume afoul be to � r fi�e�� 'o . sad all nape ani 4n ro at iohi to all Suz o4 ndi ne condition C, -9 �- ��wuC E��%1 a�a, for the o' V.-ud ' c` i-ld c --'ow" `�..l �'7(�S C�51 a � � if��_$1. a -a�V' " � �i I�®l� 4�� �� Z-0 --- i —moi 8'7 - o ZR�, VeL sta �ec� YaLfa l'n �d5e g.66e 7,D,_T17,. � ��''EH`li 49U. Ili ha Cb�{N. `p .�c�-.y ®� ���' 1��.?e� EV`�('-_�'. on Gins Cat the G ©is ��� n� _ -I- � � � � �� �.�t;��!Eg3�-�i{���. �.� � too — I DE". prn`� ley stated v7� b d �E�.� �.en�de benefits for t ho C_� t t;� UO3 wE _ _ Qs 1-1110 p a n4 rp, 02ZDels'tieo and knowled.SQo 5 �, L `, btt b- - 1 - tE�o$ s evel'� before ®ter 1"a� d_L Ci s=5 on weldna and us� t he �- t eCIn� a a e o _ _ Eze s��ou� i E°eek o ® a i nist,r a ��? on at t M s - --- y s 9 n the pas: ®n ti,y� u 0 o � th(3 r E o a � � - I b',2 e7o,21d no`s desiLoe th6i attempt;in�g to z(,un CiA - - - - Q Fairchild natter, vasOiscusI ed in e� ��°—�®�? t��o i�,,e;rad --�� J so_'Ling if this waye -_02— --- Zzo 1 G IL-- I OtNa yF7Q11Q 1;�ao - Roy Uood _rogYt kporth of Wes,, Broad y , is to be ��s��u�,se� -r" -- `L �9 €3t the E'ca` :im­5�- E aping in mind mac ® � st3ioa desires Vast 7� j Co bi Sevopod fz o - --- - roa��vt © pine-nd IaZOe` the �, Ovt h sidL, off' P -De to ; the Volker [Subcli vi cion �("� l F.J _1ca?"1 a L ass r d_ q-� i �� ��S ti yP.i to ��� ,-� ed � -- - -J- Meridian Planning and Zoning •; i 1 n '1 nr'72 Special meeting time set for Monday November 26, 1973 at 7:00 p.m. to meet with Linda Lund to discuss a comprehensive plan. Meeting called to order b the C irman, W. D. Skiver 7 Members present: W. D. S iver; wen Frost; Willard R wley Jack Chard; Dr Lee Pulle ; on o er s A letter was read from AC con erning the matter of installation of _ YInes in eve o en in the future. s w ere lines ale sewer mightecome a s a e at some time It was discussed that dry -a --sewe should be installed. It r no a - ssa as also discussed ham lrinot aval should be allowed. The Motion was made by Wi lard Rowley and seconded by Jac Charl that in response to the req s City Council that sewer om y lines , e ommission wo r would be required in th o e se ar as that would be serve y e se studies that are underway er sy em according o e eng eer an Motion passed: All ea. i The matter of a development by Wirt Edmonds was presented,, Lan - located 112 i-i-l-e--s-o-u-t-h--o-f—Mei�-idiaInreq4sted This land area deve opmen cons rezoning rom lcu sts of lucre tracts ura o A. Ada County Zoning has den'ed proposal, It was decided to s stain and refu a this re- oning th the f re ue s request in a letter tha ndings of the Ada Canty t. acro panied this ooing Commission ' The Motion was made b Dr request of Wirt Edm nds f Lee r a r i lle and seconded br Jac -zoning from Agricul ural Chard that the to R- be denied. Motion passed: All yea. - Roy Woods property, locat discussed. It was the opini if thelComm*sion d on �J I est Pine and extending to - that West 7th should w Broad y was extend from Pine to Broadway. Mr. Wood's propebrty The Motion was made by D . Lee I Pulley Commissionrecommen to a City is sketched to cl se t and seconded b Jac Council that West 7-th be is ro dwray. Chirc. that-the— t-tineCommission required to extend from Pine to BroadwA,y in ture development. Motion passed: All yea. , fi Dr. Pulley left at his time. Regi p ate t pla n concerning the Urb n Fo I reg rt which A letter was read f om the — is aproection of e It was discussed as to w grow or e u ur . s should be made tokeep n ste with u ure growth, I It wa-pointed out that _�long ese lines, Linda Lund re esent no Ada County Zoninghis re4uesteo a meeting with the M ridi n P1 'ng and MPr rlian aroma_ Special meeting time set for Monday November 26, 1973 at 7:00 p.m. to meet with Linda Lund to discuss a comprehensive plan. Meridian Planning & Zoning -- - --- —__'" November 19, 1973 The matter of access to t road ay from the Paul's C erry Mall as discussed. It was pointed out t or approva s o oa it is completed to d at t Ada way a cesse te. ounty highway Distri t wa This area is a Taff to b contacted c ha rd the wa y The Commission enter y e evelopers. d the heari room to discuss the ro osals resented Jack Dowdle was pres nt to Weser . discu Pine s the Roy Wood propo al o 'n the vicinity of We t 7t a r xi_matel_ Stre t and y acres oca e a on extending to Broadwa The 18" sewer line 1 Mr. Dowdle asked if Broadway to an area to the sewage dis os ys ac his hat 1 oss t t unk w uld b a e property diagonall . wer coul extended from a tru li a on o the North Mr. Dowdle is intere preliminary platting it was thought that ted i would est 7 rc asi the 4 lots fac n B be ac epted. The Commissi n pa h sho ld be extended from ine o dwa if th nted ut that ro d y- osed to 7th s ould be It was explained b extend from the Welk extended on to Broad he Co r Sub a to missi n th t West 7th ha lrea ivisi n to Pine Avenue and that contr 1 the flow f a Owen Frost stated th pro ec a streets pi t dev ns. lopme t of land programs s ould coin de with was poen a out b borne by the develop o e y ounc 1 drawiigs to record t Mr. . o dec e ste lover that the moving of t e se is de ision however, would be t de th course of action, t geth s tak n. er li a would be e_ es onsibility r wit engineered Mr. Dowdle stated th to Present a t he ould ontact Mr. Wood to a cert in wh ther he wished property and answers cone ning he sewer line. Mr. owdle left at t 's t' e. --.------Wirt — _ Edmonds was Pres nt t in s ze oca ed sout of 0 Mr.tcbatbstated that ell which would include c rbed' Mr. Edmonds also stat d th acre �cfs with cen al w disc ss a parcel of land ro erlan along the Meridian- una nned o develop his land ' to guttered and paved street. t he thought that this r el w uld ter a d septic tanks. imate 40 acres _ oad. cre m e desirable Mr. _ ___ comprehensiv_e Skiver stated th t the lanned area —;r - r and water sery ces t Commi sion discourages dev lopm nt It ears that it is no fea ible this area. out ide the to extend —i'he Commission Motion was made Wil nd at t recom_e_ that this plan p esent and R wley and seconded by Don oberts e Cit sustain the Count n d by iEdmonds be disap rove . that the ecom dation and Motion passed: All a. Mr. Owen not Frost is the Mer ian_ a Frost stated that he elt 9 ffAm-n+4 "_ +.. +.. .e.,._ _L'_ res ntative on the Regional P1 M ridian should create an t__ I-----... nni Commission. get t we are ^" 4'1 s^o Maridian Planninosmd Znnina eting came to order. the first rder of business was to f 1 the vac ey of he Ch n, U. D. Skiver o ha .sub tted his resignation from the C ssioa. There was some discussion as to wh6 should accept this position. D . Pulley nominated Willard R owls This was seconded by Jklen Fr st. ion All Yea. Don _passed, Roberts made the m tion that a unanimous ballot b® east for Willard Roulej f r Temporary Chairman of the Zoning and Planning Commision hs was sec nded by en F ost. Motion passed all Y6, illard Rowley opened the Uning and P1 mning Meeting. Members resent: Annetta Hi riche Don toberts, Dr. Lee Pull Willard Rowley, Jinn Grant. 0th rs: Richard Williams e land owned by Roger McGeiiee was discussed. This pr ert is 1 L Gated be- a>'' seen dog4 and�Pine on W t Id ho 1 in East of the Gem Estatels. the land f rmerI3, owned by Roy Woods. This propertV was presented as i parcel to be divided ° to 6 lots facing gest Idah tha woul be developed. Om n Frost stated that is i res ntlyan un latt ed plircel of laid that hae en in the City for m e s; aid that this should be encoura ed io,be devel pdd. Dor, Roberts mentioned that the com ehensive plan should be worked cn to get i completed. Ogen Frost stated Ulat at the present time it appexed t at the c'om�reh naive plan needs the Williams stated impact that area the Im selected and acted upon first. act Area is- being st died by the Ada County,— Richard omrls icnera at this time. - J. Tasman is requesting a "C" commercial for her proper'y proper' located South ----Lat,ry f the Lembke Heating property on the hast Side of East First Str et. This matter as been Comission presentevvioubl and by the City. in 19 4 and was denied by tha Plaiming nd Zon- - Dr Pullev stated that the comnission should have a. poli y or plan to adhere o to aid in requests of this kin i. It was pointed out that the commission remain had ruled in this areabefor and had o ted a stance that this area should residential in sthe is s oundixi for the dPnti r h access to the CIty, 1-_ There is commercial to the <IVort the the res® • !radian Planning and Zoning .4. November 13, 1979 lenda 3 Dave Reeves - regarding property - 711 W. Pine. Reeves stated that the 4-Plex on the corner of 7th and W. Pine is an infringement to his property. There are 4 units that the contractor was allowed to build 6 feet from his property line at the rear of the building; the renters in Reeves house are mad,as this 4-Plex looks into the kitchen, bedrooms, etc., no privacy at all; the lawn is damaged; the builder refuses to put up a fence; they are building a deck and stairway from the top of the two story 4-Plex and no matter what type of fence this stairway is looking right into their windows; the lot is only 67X105, the wooden fence to the south is not on the property line, but 15 feet back towards the 4-Plex. There is only 6 feet to the foundation on the south and the east side from the property line. The required setback distance was discussed. It was thought that the height of this building would require a greater setback from back property line. It was not determined if the minimum is spelled out in the Ordinance. The Motion was made by Orton and seconded by Mitchell that the Commission request the Council review the Dave Reeves' matter with the Building Inspector in compliance of the Ordinances. Motion Carried: All yea. Reeves stated that he felt the City should keep a plot plan on the contractors to make sure they comply with approved plan. 1. Benda 4 Morgan and Marilyn Plant property - 28 acres at 1150 W. Overland. Morgan Plant stated that they currently have some active interest in the purchasing of this property, intended use is Light Industrial Park. Property is adjacent to the west of Mountain View Equipment. Their property is bare field and runs around the 6 acres of William Spear. The Vet and Spear properties have a common boundary. Plant is north of the Spear property. Plant asked for feedback on sewer, water and annexation. Sharp stated that the Plant property is not contiguous with the City at any point. If Fountain View Equipment would be willing to come in, annexation could be considered. The proposed location of sewer line was discussed. Jim Halley, Harm Bureau Realty was present and introduced Bruce Johnson, Santa Clara, California, who has the option to purchase the Morgan property. Johnson explained that his company is a mortgage banking company and real estate developing of office .buildings and industrial properties. He stated they have a project that is moving their project in total,to this area. Their concern is the ability to build this project at this.location. Johnson explained that he favored this location rather than a Boise City Limit, as the park here could have better controls; landscaping, setbacks, etc. It is important that they do have City sewer and water. The Commission felt there was no problem with zoning. Sharp stated_ when the City built the Comprehensive Plan, that is the type of industry we were looking for; good, clean Light Industry. - The City Clerk was instructed to place Mr. Johnson's proposal on the City Council Agenda.. The Motion was made by Tewksbury and seconded by Orton that the Commission allow the Committee, as formed from the realtors, developers, surveyors, and engineers to review the existing proposed Zoning and Development Ordinance in preparation of the new Ordinance, section by section, develop their recommendations on the Ordinance; that the Planning and Zoning Commission meet with two (2) of their Committee people for five (5) meetings beginning January, 1980, the representatives of the Committee and the City of Meridian Planning and Zoning Commission be requested to use the format of the existing proposed document. Motion Carried: All yea. 0 Decembet^ `10,, ' 1979 Meeting called to order by Chairman Don Sharp at 8:06 P.M. Members present: Rick Orton, Annette Hinrichs, Burl Pipkin, Lee Mitchell, Ken Tewksbury, absent. Others attending.: Rex J. Black, David,L. Reeves, Cecil Thomas, Carl Stewart, Ernest Lombard. bt.. The minutes of the previous meeting stand approved as read. (. Agenda 1 Dave Reeves 711 W. Pine - Gem Estates .Reeves referred to list `of questions and statements of research that had been distributed to each member and stated he had talked to his attorney after appearing before the City Council without satisfaction. Reeves presented complaint of Gem Estates:illegal development, (on 'file with these minutes.) Sharp commented that the .Commission did not have time to research. He questioned that there was anything the Commission could do, reminding Reeves they are a -recommending body rather than a decision.body, Time was needed to research and,answer questions. -,Hinrichs stated that this body is aware of unfavorable situatton,, but there was ' 'nothing the Commission could do about it now. .' Orton reviewed the problem of an adjoining builder constructing a 4.-Plex (2 -stoat) giving exposure to Reeves house and asked if the Buidling Inspector had investigated. The City Clerk stated Vern Schoen had been contacted and that the foundation of the 1,4 -Flex was:16 feet from Reeves property line which is within regulation. 'Reeves stated this is not all the facts. First of all, this building does not meet the high density requirements of the City of Meridian, it is better than 20'units per acre, Hinrichs stated that this was approved for multi -family before the Comprehensive Plan was adopted and that this type of development is exactly what this Commission had been striving to prevent: This body had no jurisdiction as the density was already approved in 1975. Pipkin stated that some of the outlined questions imply that this Commission would have some type of authority. He commented that this authority would be f the Cit (4Council's. One possibility would be an injunction against the structure Plex' and the +construction of the stairs. Reeves.stated that if the City cannot enforce the regulations they have in effect right now, then we don't need the City Administration, If every citizen has got to take his case to court to get an answer, there is something wrong with the administration. Sharp explained that Gem Estates. did not come in under the current Comprehensive Plan and the requirements and limitations imposed by that, This was an approved ' development in 1975, 3 years prior to adoption of the Comprehensive Plan. They did set maximum densities. Reeves agreed, but stated the developer is not living up to what was approved five gears ago, referring to the plot that was approved at that time. Pipkin stated that if the City is not responding in a manner he desires, this would be a matter of taking them (City) to court and having them (City) co-respondents in addition to the constructor, or owner of that property. The City would- have to show good cause as to why they have not enforced their own or and if'the court is not satisfied with it, then of course the court would invite the order to enforce the ordinance, cease the operation and whatever else is necessary, Pipkin stated that this problem is out of the Commission's i hands and they could do Reeves no service. Mitchell staled that the City Council has to be the final enforcer of anything approved. Reeves stated he did not obtain any.satisfaction with the City Council and wanted to make the Planning and Zoning aware that the City is not enforcing the �_ —77 - Meridian Planning and Zoning .2.. December 10, 1979 "M- U-4.4-- —A- '4.- U-;+nhnll on..4 dennnAna .Ihv D4nL,4n that thn (lava Dnnunc matter' this the present ordinance. The Building Inspector says that this.(Gem Estates) is an illegal' subdivision so that plot doesn't count. If the plot doesn't count and the builder 'does not have to build according to that, then he has to meet the density codes of the present plan, which is a maximum of 15 on a high density area. He 'is allowing 20.. What authority does the Building { I-nspector have to approve those plans, he is taking it upon himself. i Mitchell stated that the City has access to legal councel,where the Commission does not. They sympathize with Mr. Reeves, but the Commission can only recommend.*. Sharp stated this matter should be referred on to the City Council's legal advisement. Reeves.questioned that if the City Council sees fit,then there is nothing the Planning and -Zoning can do about it. 4 TMe Commission explained that the City Council can override any of their i recommendatigns and must make the legal decisions, f. Reeves stated that he appreciated the.position that the Planning and Zoning Commission is in., but something needs to be done to give the Planning and Zoning more of the say there needs to be checks and W!ances. r Hinrichs stated that they (Planning and Zoning) are appointed and they do not "have that much power. Sharp stated that he thought the State limits the authority that can be given.to a Planning and Zoning. 'Commission. = f Hinrichs.stated that the Council considers any matter before they do overrule. Reeves stated, then, on any matter that the City chooses to disregard present laws, State laws and so forth, it is beyond the Planning and.Zoning Commission's control. He had researched and found out that Gem Estates is an illegal subdivison' = and cannot be divided, lots sold off are illegal. It is against State law to sell ^4 off lots on an.unplatted piece of land. This has not been recorded in Ada County. He had been to Ada County and the Attorney General has written the City of Meridian informing them that this is an illegal subdivision - it continues to operate - they continue to allow 4-Plexes'to go up in violation. He felt that the City Council r and,the Planning and Zoning has to work together and that the Planning and Zoning does have some obligation, if not legally, morally, to tell the City Council we d9n't like what is going on. The City Council can override tW commi°ssiontiF butnot :State Qdilding Inspector does not have authority to authorize construction upon illegally solei off lots. He stated he would take Planning and Zoning Commission advise and go .before the Council: Hinrichs reminded Reeves that this body has not researched this matter, but would in behalf of the new zoning ordinances. Sharp stated that this development was all done under metes and bounds. ReeOes stated that since the new Mayor has-been. in, there has been a -mass building F project down there. Things have set down there since 1975, but since Joe has been Mayor, over'40% have had construction started on them and they are all illegal. They, do not comply with the plot approved in 1975. Something is going on. Citizen Carl Stewart spoke from those attending, stating that in his experience with government, that if this subdivision had not been recorded, they were certainly: building illegally, "M- U-4.4-- —A- '4.- U-;+nhnll on..4 dennnAna .Ihv D4nL,4n that thn (lava Dnnunc matter' this Hayne Crookston9 City Attorney,;presented a Union Pacific Railroad matter, Tho Notion was made by Marvin Bodine and aeoonded by Grant Kimmge2ord that tha City resolve tb, auathorize the Mayor to sign the easement document, in the form of a resol® cation of easement to place City service lines across Rmilracd ]dight-af-ter and the City will pay 0200.00 for this easement on a standard prrocqdwo of the Railroad Comp. Notion passed*. Kingsford, yea; Bodinog yea- Glaisyer9 yeao The City Attorney is to make this Resolution Motion for the Rmilroad Compal . wemont® Hrr.Lorin Saunders was present to Mlain his proposal of the Broadweg Eztratera Condomium3 he proposes, which was developed as Dowdle-Saunders Annonation for � in plat of ground to place a 12 -plea apartment project at Broadway and heat 8th Str�ato.. . This is a process to secure financing that tdl.l make it possible �P con t parcel. by single apartments to separate individuals. Be is encountering a problem selling the whole plat to one ownerrchipo Mr. Crookston stated that Mr, Saunders has a problem. Be will havo to go throlagh thQ platting procedure or get some sort of a variance from tho procont codes° :Thr Guarantors of the loan to the pu rchwors of these apartments Qe�l�a�eeab� o : f�a oplitting these apartments for separate ounarshipo Mr. Crookston stated further that the sellimg of apartments Is a chmge 00 tho ? platting9 variances or conditional uao permit will be necessary, �p Mr. Saunders stated that teabaee ted ll bo incrreac®do Appraical an Conde�minlud r ai. e'a the value of each apartment that is sold, 4 Mr. Sanders atated that tho plumbing is coparato along with the c►le ctriccLIO but only one water motor serves. Separate meters can ba inotallod and he is t ing 'tend the courts, Thecae wound meets tho-FHA approval, Mro Schoen stated that at present the ordincaco requires cepa rate units dovele pme mt *, to be 5 foot from the property linea This causan a no lot line or a aharc d c®mea wall. This is a real problem because' aerq are not two separate won-, Boundary lineae would be involved, Mr. Kingsford stated that the City faced a problem of a precedent sottim rVotoro '& that could open tho doors to all they other multiple= buildings In Voridim, They might all want to do this. A variance allowed now miglitt cans© other d©vcjoparO tO desire the same release from Coda. *aad involve many complus problew, The Motion was made by Joseph Glainyor and seconded by Merin Bodine that th16 tatter be tabled until February 21st meeting and that a meeting will be hold with thea Work°s Sup°t.9 Building Inspector, City Council and 1hginocrra to ed1comem this t3atte�ra Motion passods Kingsford, yea$ Bodine, yea- 01rday©r9 yea, Bills were reads s Date Vouchorse Affio � ®Pura 1.5.78 12743 Idaho First rational Bank WeLtor=Sower Account 203. 056 Y 1.12078 12759 Idaho First National Bank dater-Sowerr Account 6593307.3 1.19.78 12817 Idaho First National Bank Vater -Sower Account 10907-.33 1.20.78 12819 Meridian Rural Fire District QRD 2¢96�0�C 1.30.78 12820 Idaho First National. Bank Waterr-Sewer Account 29634054 l p'o78 12821 Gary Green or City Telephone 1A6 1.27.78 12822 Larry Scarborough or City Tolophono 2�So�a 1027®78 12823 Greg Boyd or City Tolophono 21a 1.27o78 12824 (barren Calhoun or City Telephone 19 1027o78 12825 Sumner Johnnom 2:�gineer Aet2D► 1.27.78 12826 Marvin Bodino councilman 89.t�5. 1027078 12827 Richard Williams Councilman 1.27.18 12828 Grant Kingsford Councilmen 1027078 1,2829 Joseph GWoyar Councilman 89Q45 t d Agenda 1 Agenda 2 • City Hall Meeting called to order by Mayor Joe Glaisyer at 7:35 P.M. 'Ja Councilmen present: Richard Williams, Grant Kingsford, Bill Brewer, Marvin.Bodine Others present: Claudette Young, Roger Welker, Bruce Stuart, Earl Ward, Ray Sotero, Vern Schoen, Jeff V. Kunz, Reuel Smith, Gary Smith, Roger Sherwin, Jim Coleman, Doug Nichols, Kevin Robertson. Minutes of the previous meeting were approved with the correction of Agenda 7, inserting quotes of statement of Don Leavitt for entire paragraph. Engineer report - Gem Estates Gary Smith, J -U -B Engineers, Inc. stated that Gem Estates Subdivision exists within the City -boundary on a metes and bounds basis. This was not formally platted,at the time, by the developer and was developed lot by lot over the last several years. The development plans were done which included the street plat profile design, sanitary sewer and domestic water. These items were all constructed and approved by the various agencies. It has now been brought to the attention of the City that Gem Estates is not a formally recorded subdivision. Smith recommended that the City require the developer to formally record it. `The developer needs only to break down into a simple Final Plat because.the development portion of the subdivision has been constructed, it's there, and to go back and resurrect allr:that-�,.- was':. done at that time, will not add anything to the situation, there would be no benefit!* Smith stated that as a condition of the Final Plat, several conditions should be set forth: (1) The boundary be certified as to its dimensions, the distances and variances. (2) Each lot that has been developed, be defined and certified to its dimensions, and also that the developer provide the City with copies of correspondence from all of the approving agencies; Central District Health, Ada County Highway District, and.Department of Health and Welfare, that all the improvements have been made according to plans and specifications are acceptable to them. Smith stated that this would eliminate this problem of a metes and bounds subdivision, Each property owner will have to sign off as an owner for the Plat. Crookston stated that as long as the lot owner signs off, this can be recorded. Williams questioned the lots being platted when the subdivision was metes and bounds originally. Crookston stated that the metes and bounds description of the entire parcel will include the varying smaller metes and bounds descriptions. The owners of the smaller metes and bounds description will have to sign off and thus be converted into lot and block. Kingsford asked specifically what the problem was. Smith stated that there is a State Code that requires a plot that is broken into more than four parcels is a subdivision. Part of the requirement for a formal subdivision is that they be recorded. The Motion was made by Williams and seconded by Kingsford to instruct Engineer, Gary. Smith to propose a letter to Jack Dowdle and inform him of recommendations and requirements of Gem Estates Subdivision to be platted and recorded. Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Bodine,:yea., Claudette Young - Spud Hut & Lounge - Beer & Wine License Renewal. Mayor Glaisyer briefed the Council of the fact that Ms. Young had come before the Council two months previously requesting Beer & Wine License for 1979. In the meantime, most of the Council has viewed the Spud Hut and are more of the opinion that it is a lounge and not a restaurant as they were led to believe. The Chief of Police has not had the time to review the 1980 license application. Brewer stated that he felt Ms. Young had misrepresented the establishment with the Chief of Police and found that the appearance was that of a bar. ridian City Hall .3. November 19 1979 genda 4 Dave Reeves - 711 W. Pine. Reeves stated that the 4-Plex on the corner of 7th and W. Pine is an infringement to his property. There are 4 units that the contractor was allowed to build six feet from his property line at the rear of the building; the renters in Reeves house are made, as this 4-Plex looks into the kitchen, bedrooms, etc.,, no privacy at all, the lawn is damaged, the builder refuses to put up a fence, they are building a deck and stairway from the top of the two story 4-Plex and no matter what type of fence,this stairway is looking right into their windows, the lot it a only 67 X 105, the wooden fence to the south is not on the property line, but 15 feet back towards the 4-Plex. There is only six feet to the foundation on the ' south and the east side from the property line. Reeves stated that the outcome has caused considerable damage and'felt that the property would be best used for his business rather than a residence. It was not feasible at this time, but he is considering the request for a Conditional Use. Reeves stated that the Building Inspector should have a means of checking the builders compliance of approved plans. ';Agenda 5 Cherry Lane Village West Preliminary Plat - Lampe Annexation. Gene Wright, J -U -B Engineers, was present, representing Leavitt-NuPacific. This property was annexed July 16, 1979 as Lampe Annexation. Wright stated that Leavitt desires to exercise his option on this property, but requires approval of the Preliminary Plat. This was denied by Planning and Zoning November 13, 1979. Wright stated that the City's goals are exactly the same as Mr. Leavitt's, quality development and the second nine holes on the golfcourse. The second nine holes cannot be built until there is a cash flow from the lots sold in #3. He stated that they request the City to allow Mr. Leavitt to do what he does best; to make a successful project out of Cherry Lane Village. If the tentative is approved, Leavitt will exercise his option by December 31, 1979. Wright stated there is currently a lift station that pumps up and down into Cherry Lane Village #2. This would be abandoned and gravity flow of the west, and move the lift station. There would not be anymore lift stations at least. Leavitt has agreed to put a domestic well with this phase, school site is provided, two laterals piped in cooperation with Nampa -Meridian Irrigation. Gary Smith commented on length of blocks and streets, should comply with Fire Department. Width of street right-of-way should be 60' for future planning. Lift station is shown at the end of Puma Dr. Wright stated that it will go back up to the existing pressure Tine.and on over to Cherry Lane #2. The flag lots were to avoid access onto incline Way where there will be quite a bit of traffic coming off Cherry Lane. It is the intent that the Protective Covenants be the same. The school's master site plan shows a school site in this plan. A domestic well would be put in with Cherry Lane #3. Wright stated that they go with the 50 foot right -0f -way and a 5 foot right-of-way easement on each side, this allows setting homes a little closer to the street. The setback is from the 50 foot, not the 60 foot right-of-way. The Motion was made by Bodine and seconded by Kingsford that Cherry Lane Village West Preliminary Plat #3 be denied. Motion Carried: Bodine, yea, Kingsford, yea, Brewer, yea, Williams, nom. Wright questioned reason for denial. It was the feeling of Bodine that this was bringing the last piece in and putting it forward. Kingsford stated he basically supports Planning and Zoning's recommendation. Bodine agreed. Williams stated that there will be economic hardships resulting from this denial of Preliminary Plat. He felt the merits of the plat were not considered and this was unreasonable. Meridian City hall Augnst 259 1975 _ Meridi an Planning ---- and Z®nia 9 ------ Meetir,S called to order by the CINLi=WL W. Pe Skiver. Memba4s Present: iia Do SId erg Owen Frost; Al Pipinicht Wi2lard. Rowley, Othere: harry Sale; Mike Presto e Pro Hearing meeting at 7r00 P-14o- 9 Kent Barney; Jim Fuller; e Richard Ort3n9 ihhe 0- Estates plan locate of a changa in manner of de at - &' elo the between ent Pine and Broad -ay fferent than approve tm3 byte disc Zo sedo ng _ °ThIC',mission felt that th- thr consideration agai negative voteo Cou bef cilh re fi s the right to takas Council actioffiofo y ac ion t ey Mountain clarification,, a +. Phase Meridian of t Meridian 5"+7a It me West Medical -Complex drawing as presente �$ adjoining prropertie ..A'JI'b.A �•a_V'G-'.S`LY,-A-Y�JWIV ULM Place Annexation property by the ode Place -has agreed in also noted that this need to travel to Locsst wail by the o d tho cal Complex previous disc Medical fact ssedo 9 Complex, which indica.hod _ $h t tOtyconne of ordinance requirements,, as stated in the letter cussions to leave a h—ilt- f road the om J11 my y fr B m acce Grove s is the then only one available 0fi r dk Forth to the Meridian tdthin Place thil kmexation. t trould y Tore an o. represen ang area Crest of-Meridivi I located Fulle1. at o recreation and t Barney Pro Ton Nile and Cherry '3881" anev corsi ting -- a hol r o omp ex o Golf Course plawd gtpp as a e—ly 20 acmes of land type of Housing envo and E ving sines r1b8 -- eva o Lpen o or centered 40 attached duel.l.ing own h in areac, i use and apartment, multiplerig etno -- 5 acnes of Commercial him as well as surramIding the Community concis inn of pro aed — -- the re fair=s - idents that mill occ s® ,Adjoining buildings �' — s py t ®ea mill. u "a. e land E Q an area or as cell. as a recreational ne o area 1n the ®" pe be rod way crossings of sufficient di.stanc ® e u a fr®I the olf — Irrigation o water is to be secured from a deverssion or pum isL Drs 8 le t a -- e a the no@ roan Kurz ace a s essary sizes according Ci to y wateris the tentative to be secured fP plans of future m th Ci.ty with de elo pm nt of th-e—Q-M&T The C:Utv ° ager ys em to tKI Proicct Dee o wes o �- Meridian City Hall e2 l a letter .as© Election Essen that %"--4.'4 o Station® varro® yea® "9 outlet. The Library section to be hold ugust 269 1975 was explained of ®p ori r®m oy c s on a es e Mayor s ea e ® at the one locationrt the ec on Judges o o Fire tation, 716 Meridian Stre to The Motion uas mads by We be held on August 26 1975 This eloction ta be h o Ski terand seconded by K nnet Ra as �® ld at one place, the Mori, an 2 al uT7177N,..._ Motion passed: Skive:r,, yea; Rasmussen, yea; Bo nen, a; I A letter wan read fr Ada at 1158 w® 8th and b ckinglup p® Letter on f e with Count Highway District to the Echo to best 7th Street duo a r Wply for thebe minutes. Jack a e was presen to rept. ent Gem Estates e Mre Docudlo came before the Council to discuss the Gem Nataes ITOPONa 01ch is o y eg ad by Roy Woo d al ng tho vicinity of Voest 7th Street. A letter was read addreese� to t o Mayor and Council, dateJ Erm crow a-h-d-Do-w-aliao The Motion was made b Bodine and seconded by John cre� bd approve tl�� - l f�®ar antes ®i July 9 l® Ve will not tat t thi, tiros, ® re will b i fourown.ships until we do p to 3® We respectfu.1y request the City to grant a e Urcai co ® y e 4® 'Us will abida by the or.41nal € Meement regarding — sewePIntel cep n oadway after tt e 5e In the meanttme9 Sao d like a variance to build o A11 of the spec icat ons d conditions regar r at ee — 9 , idyl e 9 e a r®tea- the same ppP® _I ss o aver®, yen; Bodines yea.; Rasmussen eta kives�I Nay explaininghis no to as fo - - - o o ng teas®mss 10 -the type Ot-dovelopwnt-An __ 2© I an ep sed o this _3. 1 belie type of procedure l a letter .as© Election Essen that %"--4.'4 o Station® varro® yea® "9 outlet. and Z®Ei Co i n for their prior corsiderationa. e A�Iayor _resda_.gtt r___T-. his times to Mat vi�h their representative ony t _ s latter stated t t at a ®_ taken d desired to stork closer with the City of Meridians d t e - v _... L uT7177N,..._ and Z®Ei Co i n for their prior corsiderationa. e A�Iayor _resda_.gtt r___T-. his times to Mat vi�h their representative ony t _ s latter stated t t at a ®_ taken d desired to stork closer with the City of Meridians d t e Meridian City Hall eta May 19, 1975 Ric Orton of J -U B in ers esented the plans andispecLfications of Gem Estates Subdivision. e Motion was made City Council approvethese by John Na plansand acro an secon e yar specifications f th o e that the Gem states u ivision9 ocate accepting the drawi et gsp een Broadway development and Pane Aven plansi street p at q� est 7 h Street by ofile��nd storm a e a s; stare Gem Estates Subdivision and &tail ogeth sewer plan, profile r with attachment #1 nd p nd # att showing . Motion passed: Ras ussen yea; Bodine, yea; N arro yea; �S another p rt WWCkl rt of the building. _ Ric Orton presented The Motion was made --tentative the tentative by red,, plan of North Gate odine and seconded by No. John , located Navarro at that the platt be cce Motion passed: Ras ssen yea; Bodine9 yea; Navarro yea; Skiver, absent. i There being; no other business o come before the Council he meeting stood adjourned. \,MAYOR azzest: I Meridian City Hall Pic Orton, represen` Broadway and amine a: line that angles OWN e3o ng Gm Estates Subdivision, located We­---V1,"/tft St;eet,) requested permassi ss their lAnd in a few days rather May 59 1975 ting on WoTe e sew Arai cinR until The motion was made Skiver and seconded by _yW. � D. S John N4varrolthat permission be granted Gem,, r Estatos Subdivision to more the I rrunk Oevier lines along Broadv-ay. land thence back to the lino lyi along 2_ T their west propertj dine. Motion passed- T Skiver-�-- y­e'a; Rasmussen, yea; Bo d i* -n -e --e -a �varno yea, T Gem states -bra Orton also requested CIL varicl�nce to 600 on Pine p st th Subdivision,, -t't was pointed out thatthe Gjt�t Ordinances specifie4 that an 80 right -of -%my be considered along Fine-!�ecausq it is a half section line The Motion was made by W. D. Skiver and seconded by Kenneta Rasmussen that variance be grant - e - d F - or - a -'- 6 - 00 -- right -of 7way_ bor(jer;ing-_ Gem Eltates-Subdivision along Pine s �reeta Motion passed; !Skiver, yea; Rasmussen, yea; Bo neV Tea; NO.Varro, yea, --------- AL - I The Mayor discussed the property needed to place the weer disposa plant when 1 it is built in a fear -Years This purchase is nec6ssary under the recent bond issu��a. T�e pri�e ranges from 132 000 00 to 0:000,00 Der acre for the propert being considered, There were several p,�Lrcela that were examined and consider6d, Heber Spencer has a parcel of approximately 48 acres of pr�perty­!-I-o—cated 1/4 mile north of Ustick o - n - 'den -Mile Road -- and lies north -of the ssumendi property,, ibis ldican be purchased for $l05,000.00+ at aDproaci,ately �2.DI0O.00 per acre. The now $1,000.00 doi,�n payment with the fipal cjosingj date by July Ist contingent upon zone chan-g-e-s-an—d any other cbntin��-encie with I? W August 1st balance of payment of $104,000.00,, with otober'lst 1975. It was pointed out by the Mayor that he and Frost Reiaity bld fimilized this agreemen avi Pr vioudly been authorized by the Cpunci' for lane, acquisition, -----d-e b----- --that The, �,Fec—ion was ma ty Marvin Bodine and seconded by ela Ra s Ems on property Y—s- the City enter into agreement with Heber Spencer t. purchase of appro—jLLma;�ely � acres ;located approximately 1/4 mile north oa. Ustick Road 0 earnest aoney to be Ion Ten Mile on the ve.',st side.fov $105�,000,00; 811000,0 -pai n —of -VIO-L�'-600�00­vd be paid --6n -®r owg a ance in ash before August Ist, 1975. Motion passed: 'Skiver, yea;; Rasmussen, yea-, Bodine, area; Navarro, yea. _4 �John Navarro and the',Chief of the Fire Departm�- . Roper Wolk er,iaannounced thatthephone exten#o-nis-inthe Fire Station noty,,-i Mr" arro stated t�lat ACHD ha brLk u is to jPY - _ _d_ notMied - him that th streei be—f fixed in the nae w�futvre and would welcome suggestions for of aaeeded services of road maintenance,, Z1_4,0kA__ Meridian City Hall A nv; l 14 1017r, Janitorial services, Meeting called to or er by the Mayor Don Mo Storey t T_ Members present: W. D. Skiver; Kenneth Rasmussen; MarvinBodine; John Navarro Other s resent: ry Owen n a Frost; ; Ric e Ratcliff; Robert Orton; Bruce Stuart; ss; Gary ymon Green oss; sericense app aca read by the Mayor® ion a 1st rom ys one—Pzzza�— ISon G. =3., was p esen a an Isis to�e— came at Fairview and East e o treet h curve oca a in e o ars ers proper y The Motion was made by Ma vin Bodine and seconded by John 4avarro that the application for a be Keystone Pizza to be r li oper ense ted b3 or consumption on the Don G. Hill be approved.- prem ses f r a Motion passed: Skiv r, ye ; Rasmussen, yea; Bodine, ea; N varro, yea, John Navarro, repres phone for the fire s ntin atio the from olunteer Firemen, re the City Hall. estei an a tension It was decided that make the necessary a his rang xtens'on should be allowed. ments Thia,phone would a Mr. ble Navar ireme o is to to be contacted while on d purpose, ills and c ls, The Fire phone annot be u,_ed for_this The of t development P and Marcum known as Mr. Dowdle was present. e Ro _ he G good propert,y as a propose m Estates Development was p development esen ed. by Dowdle Mr. Skiver presented previous to this meeting. the esulta The results of a Planning and Zo of this meetin ing was eeting to re held ommend to the Council that A copy of these mina this es rea b a on allowed Multiple dwe ileo ling conce tration. The Motion was made y W. D. Skiver and seconded by John Navarro that the City approve the dev lop. and West Pine in the vici nt of ity o Gem Estates, located West 7th Street for djoi the purpose ing W st roadway of multiple family development a April 14, 1975 as a preli rec mmend inaryjproposal. d by the Planning and Zoni iission on Motion passed: Skiv r, ye ; Rasmussen, yea; Bodine, ea; Navarro, yea, $1,500000 from Roy W od w s received in payment to correct an er or of land sae o oy ood som yea s ago - e Motion was made the lands formerly a y a part vin of th .Old ins an seoon e y Sewer Plant on enne d al as ussen a ng We t Broadway e accepted an a be accepted as payme e , t fo the presen a as pa en ands as described. y oyAd Lfffflra-VDUT� - Motion passed: Skiv r, ye ; Rasmussen, yea; Bo ine9 ea; N varro, yea. The proposal for Jan'tori 1 ser ices by.Duskin Janitorial 3ervicDs was presented. _b_u—iIUing ear agreement was to initial cleanup. Tae ch rge a pr sent Janitor mon y ra e o m is paid 610O.00 p but s is no or an keeping the F_ clean, The City Clerk was i stru ted to take the necessary to s o secure adequate Janitorial services, Meridian City Ball April 7. 1975 Meeting called to order b the Mayor Don M. Store Councilmen resent; W. D Skiv r• Kenneth Rasmussen; Marvin Bod ne- John Navarro Others presents Bre ru;im Fairchd; Vern_ Aemn Dav Tid ll•Gordon Clever; Doris 0iaso Ray as; • Jac J. Barbee° George P ttis; Linda Lund; Jack Dowdle; k Harris John Krishnek:ohn Grover Haddock,- Margaret Mockvitz enrawford; JFra dss Groves; Minutes of previous oeetirgs we a read and approved. _ Jack Dowdle was present t discuss the Roy Wood property Ric Orton the architect ale ineer resented the proposal facing est Pine of development for multiple family ensi y. Wane Skiver presented th findings of the Planningd Zo i Commission. It was recited in th it m Utes that it was their desire the present structur s ad oini these two streets. t 9 at Pi a and Broadway - The Developer had ho and felt that for th d�tcusell these lots for tw e he as n for the lands stor an mult ple dwellings other Mould be too costly. Ric Orton suggested hat his d cision be reconsidered to le story multiplex instead of single fam ly facing Pine and B oadefa . Mr. skiver read from the above property b thelanni g and Zoning minutes res ricte to single family,,one f March storystructures 31st recommending on property facing Broadway d P e® Jack Dowdle stated that With this density th their p ans consist of two story y had fi ed they could meet their diplex financing n all lots. problems. Mr. Dowdle stated that ment is the best way th property is expensive and to f nance this land. that ntens ve develop- The Mayor recommendel thas this matter be taken back to the Plan ng and Zoning Commission. A special meeting was set for M ndayt April 14 thy 1C.75 to discuss this matter with the Planaing nd Zoning Commission and the Cit Coun il. Jim Fairchild was p4 sent to represent a proposal al JtCommercial,, y Lane 1/2 mile an ng west of Linder on t proposal in a reques south sidefor a 2 l: a Bow i to he County Zoning for a c _ ver res rom March 17th and March a nue o e anning an 31st omm ss on o Copy of these minute are on file with-th-e-s—e--minutea, The Commission recd Mr. Fairchild stated en eothis zone c nge o that he had contacted the neighborhoodpoo omme en e . a and they did not object o this us. He stated t e ac in taking assay the ince tive f free development ard n taken felt s ns rinse- a that this should e approve cause s the munner in which e es rve o e op his an . Meridian Cit_v Hall 'Agenda 5 Agenda 6 .3. Februa There was more discussion as to whose obligation the curb and gutter on the north side of the cul-de-sac. The Motion was made by Orton Jr. and seconded by Kingsford that the Council approve Custom Builders Final Plat proposal, subject to street, curbs and gutter and water system improvement by the builder of the development as discussed here tonight. 19, 1980 Motion Carried: Kingsford, yea, Orton Jr., yea, Brewer, nay, Williams, nom. The Mayor broke the tie by voting yea. Steve Bowman - Williamsen Truck Equipment Variance request. Bowman requested that the stipulation that Williams Truck Equipment not be allowed temporary water and sewer system, be removed. Their intention is to begin building immediately and will build an adequate temporary system with dry lines so that they will hook on when the City systems are available. Bowman stated they have every intention of hooking up to City sewer and water and they have expressed this in recent meetings and letters. Santa Clara has the same deadline as far as Bowman knew. John Cooknell representing Gateway South Association stated that they will meet with Nampa -Meridian Irrigation's Attorney and they are drafting an agreement to allow a crossing of the water line on Eight Mile'and the final document is then presented to the BOR. The Nampa -Meridian and BOR makes .their final site inspection., The hearing process of BOR on Ten Mile Drain takes approximately two months. They are aiming to have this completed before the water table rises. The permits for the Interstate crossing have not been obtained yet. Cooknell stated all parties involved in the Gateway South Association are now in the process of signing the agreement (Association) and Willaimsen Truck Equipment has verbally agreed to do the same. Bowman stated he is absolutely committed to hook on immediately when services are available. Rich Terrill, President of Chamber of Commerce, spoke asking the Council to grant variance of the stipulation of temporary water and sanitary system for Williamsen Truck Equipment and Santa Clara Plastic, although Santa Clara is not before the Council at this time, providina that they hookup to the City system within the two year period. Terrill stated this development would be a benefit to the City and the Chamber felt the City would not be setting a precedent as this is a certain situation at a certain time. The Motion was made by Brewer and seconded by Williams that the Counicl grant a variance with a stipulation that Williamsen Truck Equipment be hooked up to City sewer and water by January 1, 1982, or prior to that if it comes available. Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Orton, yea. Orton reminded Bowman that hookup fees are due upon obtaining building permits. Attorney Wayne Crookston, Jr. - Gem Estates. The matter of Gem Estates, brought to the City Council by Dave Reeves, 777 W. Pine, is being studied regarding 4-Plexes. Crookston requested that it be tabled until March 3, 1980. Dave Reeves stated that he had no objection to the postponement. J I � Meridian City Hall .4. Janus 21, 1980 Dave Reeves.questioned "that with the Boy Scout and Deseret Industries going in on E. Overland, is the Time For Two drinking establishment the . proper blend, he realized it (proposal) would be an improvement over what we have now, but is it what we want as an end result?" Foley responded that the new establishment was committed 75% to dining, the people and the purpose of their going there would be an improvement. The Time For Two and Roho situation, as exists, now can continue to do so indefinitely under Grandfather Rights. Brewerstatedthe stipulation is 300 feet from a church and there is quite a distance from the LDS proposal. Martin Igo read a letter of support from Winston Moore to the Mayor and City Council. Letter is on file with these minutes. Laura Connor, speaking as a citizen of Meridian, commended the proposal as an improvement and encouraged support. The Mayor cautioned the Council to be aware of the Impact Area Hearing to'be held the next evening. The Annexation of the Roho property is in conflict with the Impact Agreement. He suggested tabling the proposal until hearing the public's feeling of the Impact Agreement. Foley stated that he appreciated the Council's position on the Impact Area, but his. research indicates the State of Idaho has granted to any City one mile radius jurisdiction. This must form any agreement with the County, if there are other concerns,, they would prefer tabling. The Motion was made by Williams that the Rainey -Kuhl Annexation be tabled until the first meeting in.February. The Motion died for lack of a second. The Motion was made by Brewer and seconded by Orton that the Rainey -Kuhl Annexation "C" Commercial, be approved with the condition that before Preliminary Plat, there is positive committment for water and sewer across the Interstate, adequate buffering, detailed landscaping with design review, and meet all City requirements. Motion Carried: Brewer, yea, Kingsford, yea, Orton, yea, Williams, nay Agenda 6. Dave Reeves - Gem Estates Reeves stated he was before the Council concerning the building of four-plexes in Gem Estates and wanted to point out what has been happening in this subdivision. Reeves stated "in 1975 Gen Estates was approved as four-plexes, not variances were granted, and apparently there wasn't a density code at that time. Somewhere along the line, somebody decided it would be developed as you go process. The State law requires all property broken up into five or more parcels of land, that there be a plat filed with Ada County. In 1978 the City of Meridian was notified by a letter generated by the Assessor's office that Gem Estates Subdivision was an illegal subdivision, this letter is on file, filed under Gem Estates. Apparently no action has beentaken on that letter. I don't know why, it appears it is too late to file it now as the property has already been sold, it's no longer under the control of the developer. I own one lot, of which a four-plex has gone up six feet off the property line. In 1978 or approximately, it was adopted to the Comprehensive Plan which places R-15 on that property. Those lots are 6,900 feet. It doesn;t meet the criteria for four-plexes. Now, if that is an illegal subdivision and you throw it out, then it has to meet the density code of the new Comprehensive Plan which will allow a duplex to go on those lots. I have a map drawn up by J -U -B that shows how these four-plexes were originally approved. (Reeves displayed map) All the correspondence in your files indicate there would be no parking from Pine or Broadway and it refers to this as a subdivision not under metes and bounds. This darkened area on here shows access way to the rear of the building for parking under, if you notice the buildings that went upon Broadway, this whole development was supposed to be the same. Somewhere along the way somebody has decided they didn't have to follow this plan and it was changed. What I am asking you today, is if you are not goina to follow this plan, then you have to fall under the density code. This property (indicating property adjacent to 777 W. Pine) was sold to Dunbar since the Comprehensive Pian 0 Meridian City Hall 5. January 21, 1980 has been in affect, there is no Grandfather Clause on that property because when the property was sold off, this is the description of mine and it doesn't show it as a part of the subdivision, it"s like any other lot that you buy downtown because the man never filed a plat. If it's a single property and he puts in for a building permit today, I don't care what was approved in '75, he's got to meet todays building requirements, and this hasn't been done. To give you an example of the inconsistencies, I have a copy of the minutes of Planning and Zoning and Bob Erland came before them and asked to put a tri-plex behind the Window ,Box. He was told the standard setback for the rear of the building is 15 feet. The four-plexes down here (rem Estates) is 6 feet. He indicates the Building Inspector needed a five foot variance because.he was building 10 feet off of the property line. I have researched the Building Code and they don't say what the rear is. If he (Erland) has to have a 5 foot variance because of a City policy to have 15 feet in the rear, then so does this (Gem Estate's). Secondly, he (Erland) was told he didn't meet the density code and he would have to combine the Window Bos lot and the property behind so that he would be overall 2 units per lot. The lots at the Window Box is 6,400 feet. The lots up here (Gem Estates) is 6,900 feet. If he can't put a tri-plex down there, then you sure can't put a four-plex up here on, these (Gem Estates). We need to do something to make the building consistent. One person shouldn't have the advantage over the other. The people on Pine are upset, I rent m lace out and m renters are mad P YP Y as the lawn has been dug up. The Police won't do anything about it because it is a Civil matter, the Mayor was busy when I went to the bank to talk to him, there has to be some way the Council, the City, or somebody listens to the average person, it can't be just the developers. The density codes been broken, the man didn't file a plat, no variance was granted, but yet it continues, I don't think it's right. I am asking the Council to show the residents they are doing to do something about it and it's not going to happen again." Orton asked Reeves what he was trying to get at. As the result of all of his research, what sort of action is he requesting. Reeves stated he wanted some type of action taken so that the people will know that the Council is not going to allow it to continue. Orton questioned if there had been any action requesting the developer to file a plat. The Mayor stated no one on this Council had known anything about this until Mr. Reeves brought the problem up. ,.Reeves maintained it did not. There was discussion concerning comparison of the Erland property. Reeves stated he purchased the Roy Woods property from Carl Williams ,just prior to the start of construction of the four-plex adjacent. His plan is to leave the house as it stands. His title is as a single piece of property. Mayor Glaisyer asked Wayne Skiver if he could explain why this was not platted in 1975. Skiver stated that part of Gem Estates was platted while he was on City Council and this was approved at the time pending approval of Central District Health for septic tanks. When he left the Council, they still hadn't approved all of it. To his knowledge, Central District Health had never approved septic tanks and at the time, the City was not allowing anymore connections to the sewer system as it was already overloaded. He stated he was assuming they hooked on anyway. Williams stated that this was approved on metes and bounds and referring to the letter of the Assessor in 1978, the City has no control of the sales of property. The County Recorder does in fact notify the owners and demand the owners filing of the plat. Reeves stated he had called the County Prosecutor's office and Mr. Connolly stated it was the City's responsibility to enforce the laws. Williams pointed out the letter was contrary to this information. Reeves stated somebody has the responsibility. flaisyer read from the minutes of May, 1975 stating of approval. Crookston recommended that this problem be taken under advisement. He felt this was the Assessor's responsibility. 14, Meridian City Hall .6. January 21, 1980 The Motion was made by Williams and seconded by Brewer that Mr. Reeves' request to place responsibility of the legality of Gem Estates Subdivision be taken under advisement until February 4, 1980 Council. Meeting. Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Orton, yea. Building Inspector Schoen stated that the setback requirements are by City Ordinance. Four-plexes are 6 feet, anything else is 4 feet. The usual operation is 5 feet setback. Agenda 7 Restaurant Inspections Tom Turco explained the process of Restaurant Inspections in the City. The last several years Central District Health has had a contract with the City and inspects four times a year to maintain the grading ordinance. This year the contract is $600.00. Turco has put together a fee schedule and presented this schedule to the Council. They will issue permits,but the City Hall will collect the fee. The Mayor thanked Turco for the help in this matter. Williams stated that he thought the fees were reasonable and the City was getting an excellent service from Mr. Turco and Central District Health. The Motion was made by Williams and secondeddby Orton that the Council direct Attorney Crookston, Jr. to prepare a Restaurant Fee Schedule Ordinance. Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Orton, yea. Turco introduced Nancy Goodell who will be working with the City restaurant grading. Turco stated that they will inspect and issue the permit for the restaurant, leave at City Hall, inform the restaurant that the permit will be issued at City Hall upon receipt of fee. Agenda 8 Wayne Skiver reported that their area is having trouble getting their mail because of cars parked in front of clustered mail boxes. Kingsford inquired about enforcing through parking ordinance. Agenda 9 Mayor Glaisyer read Resolution #73 entitled: 'A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, STATE OF IDAHO, AUTHORIZING JOSEPH L. GLAISYER, MAYOR, TO SIGN ALL APPLICATIONS, GRANT AGREEMENTS AND AMENDMENTS, AND OTHER DOCUMENTS RELATING THE WASTEWATER FACILITIES PLANNING AND CONSTRUCTION GRANTS." The Motion was made by Williams and seconded by Brewer that the rules and provisions of 50-9002 and all rules and provisions requiring that Resolutions be read on three different days, be dispensed with and that Resolution #73, as read be passed and approved. Motion Carried: Williams, yea, Kingsford, yea, Brewer, yea, Orton, yea. Agenda 10 Engineering Report: Gary Smith reported that Jim Coleman found that DVY Construction Contractor, Dewaine V. Young, was not receptive to deleting items from Contract Change Order No. 5. Jim Coleman's recommendation was to allow the two items to remain in the Change Order. There was discussion concerning negotiation with DVY Construction Co. on higher quality equipment than in original contract bid on water cooling system. This was something done by the manufacturer. Smith stated that Jim Coleman, Sumner Johnson, Dewaine Young, Butch and Project Superintendent met and there were concessions made on both sides. Item No. 5 and S-8 on Change Order No. 5 were both acceptable items according to J -U -B Engineers, Inc. leridian City Hall genda '6 lenda 7 r 0 .5. 0 r 15, 1980 Williams stated that this was purely land banking because there are no plans for the property to be developed by the present owners. The Motion was made by Williams that the denial be upheld. Motion died for lack of a second. Orton stated that this property has everything for annexation and Light Industrial is the best use. Brewer stated that he approves this proposal. Kingsford stated that he could only see one place that was contiguous. Mayor Glaisyer asked for comments from the public. There were none. ?` j' Attorney Wayne Crookston stated that the notice had not been published for a proper hearing, this is an appeal. Also, the legal must be changed from part "C" Commercial to all "D" Light Industrial. The Motion was made by Brewer and seconded by Orton to send the request for Arnold Annexation back to Planning and Zoning for further review. i Motion Carried: Kingsford. yea; Brewer, yea; Orton, yea; Williams, nay. Teresa Sidener was present to request a variance fora mobile home at 690 W. Franklin which sets on ten acres, family owned and which is necessary to take care of her invalid brother inlaw. The Motion was made by Brewer and seconded by Orton to grant a variance for a mobile home ` at 690 W. Franklin for as long as the present situation exists. ;. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. I Gem Estates Easements Jack Dowdle was present, requesting approval of Gem Estates Easements. Dowdle stated that the Preliminary had been passed with a 10' sewer easement, then J -U -B changed it to 1.6' sewer easement for the Final. Ward stated that the easement wasn't needed. There was discussion on the actual footage of the land for the easement. Kingsford suggested that they wait on a motion until the actual measurements had been taken. There was discussion as to who would pay for the added engineering services. Mayor Glaisyer asked for public comment. Dave Reeves stated that thirty days after plat approval, the City or County must see that the property is developed,as recorded. Attorney Wayne Crookston stated that it hadn't been initially plat approved. The Motion was made by Brewer and seconded by Orton that the City and Dowdle split the cost of the added engineering expense. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. i l d 1 f A J y ,gig, October 2, 1978 IX tterfrom`Jack Dawdle was brought up on sewer connections'. ns, tated that he did not see how anyone can be hooked up_. t t6n .rya`s discussed. 'stated that Tom Turco from District Health had stated when the ground water ed,s"ome could hook -oh. prd stfited that it`could jepordize City funding. F' t uhcil'was in agreement that no new hook*ups would be allowed. The time for.the now start-up was speculated on..' View #2 was reconsidered. Theyrequested approval with the 1,350 square feet l�ecre atise there was no choice. tiori'1''as;made-.by Joseph Glaisyer andfseconded by Richard Williams to approve +elimihary.Plat based ;on 1,350 square feet minimum, extention of N/W IIth:Street, ncd,i✓heteau. Drive and other conditions aUtlined.. otion passed. tiVtlliams, yea; Glaisyer, yea,.Kingsford, yea. M6T REPORTS ntendent Stuart' reported on West Pine. The City,.has spent around $30,000 to' ines,',_ stated;:that we had not anticipated spending a lot.of money but because of the ogineer.ing it was necessary. .{{y Y '/qu reit,` how', ucli 1 -was Qttri biAt4d t•� � ` n ^h�i wa tGr � neS due to the "drip pro h7 em of, moving the storm drain stated around $5,000. ems requested that this be documented. and fure freezing problems were'Aiscussed, nglneering tu ►er inquired if the..City bras going, to get together with ACHD. pF rms.outlined the s,%tQIaf n'ithat devela ed 'end stated.there was a question of pp" d . urisdi'ction,;` the State; or ACHD. Ttte grade of the storm drain conflicted - rt Ines. stated that he:"n.eed* new back hoe for around $27,000. r imsnquiredrwhat Was available:throught the Stater `= r, itistructed Stuart to report,what he nee'ds'and the price: w; Eatated tw©"(2)' pickups, a dump truck, another lawn mower and sweeper around- F� 1.0O.a piece,. a pipe locator $600.00 - $700.00, industrial push -type mower fit° 3O 00, diver for pipein yard at $45,000 or $22,500 - $25,040. `isa ;problem with, Fire hydrants on West- Pine. ;Thin was discussed. intende'nt,Ward stated that they need transportation. �= ng Schoen, had, nothing. to ;report:, .TAWT 'REPORTS Engineer E1`lsworth presented .pay estimates: 's Nydr'ints' find charging of the lines was discussed. al Apayment ;)#5 `Contract 79 Galey Constructs on, Phase . T I I, for September 't 7: 83L.99 and rect�trtmended approval. syrr s I qt tin,. was Made by Ric�hard,_Williams a:nd seconded by Grant kingsfard that Pay atet#i b approved, +lat(i31 1)8`5f�kf;;, Wl:imss..yea. Ga,&1/r�,kyeaKingsford', yea. Meridian City Hall Agenda 4 Agenda 5 0 .5. N y?®R ,/M 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." 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 fromithe center of the street; the property line comes back into the lawn approxi- 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. 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. 1 Agefida Access through the Meridian Green Subsivision was discussed. (ooW di Mr. Hosac next discussed the extension of roads. Sumner Johnson, J -TJ -B Engineers, requested a through street to the south. Mr. Hosac stated homeowners in Country 'terrace did not want the road extended to a through street. The various points were outlined. Mr. Hosac stated that Mr. Johnson will request a road extention and that he did not agree with this point. ' DEPARMM REPORTS Agetfda, R' Superintendent Stuart reported Well seven needs to be pulled and a new probe put down, the cost will be around $700.00. { „r Building Inspector, Vernon Schoen, reported that the School District is planning x. to movei a portable class room in with no bathroomthiswould make their third. .TThe Mayor stated that they should come before the Council. The matter was discussed and the safety of the 'building. , 'rtespector•Schoen was instructed to withhold the building permit until the school person;fel address the Council. �... OEM. ESTATES was discussed and property separation by metes and bounds. 4.� 4' 'Me letter from Mike Clark, Ada County Assessor to David Leroy was discussed and i'hst the letter said. c ,r Wayne Crookston, Attorney, stated that the letter pointed out two statutes, he also F stated that he did not feel you could keep anybody from developing on a metes and ubo,tmds discription. He also stated that the City should adopt a Condominium ;ordinances. ' Building Inspector.Schoen stated that you lose revenue by converting to �a condominiums and discussed requirements of wall construction. Conversion to Condominiums were discussed. patriickloy was ii:structed to' put the Condominium ordinance on the Agenda if the information comesin from out of state. t' City Engineer, Carl Ellsworth reported. ' He stated that he made amisstatement in the last Council meeting in referring. to Change orders and meant to state, all change orders had been approved from " LPDA, not EPA. Boise River Outfall to the Boise River, M & Y Construction. There were some discrepancies lastCouncilmeeting that have been corrected for May and June. ''Totals to $17,021.30 for pumping station schedule B. b j "rya,rl Ellsvorth recommended approval. x, The Motion, was made by Marvin Bodine and seconded -by Grant Kingsford to approve the r Pay Estimate for Schedule B for the months of May and June. u Motion passed: Williams, yea; Bodineo,yea; Glaisyer, yea; Kingsford, yea4 Contract #7 Change Order #1 for realignment on Fairview for and increase of $3002.001 Ellsworth recommended:'eppto—ira`l. y; The Motion was made by Grant Xingsford and seconded by Marvin Bodine to allow 4' `Change Order #1 Contract P. fi x 'She Motion passed: Bodine, yea; Williams, yea; Glaisyer, yea; Kingsford, yea Phase #10 90 feet crossing of Nine Mile Drain was discussed: 111sworth stated that he is attempting to get Galey Construction to put in a ". je4atige order to make the crossing on Phase III. 4 '•marl Ellsworth advised the Council that there was a problem in phase III and x dames Court because James Court put a building in the easement. Galey Construction not happy with the new realignment and are going to submit a Change Order. �j tt >''he',Msy6r` stated that the responsibility should be James Court MR. ANDERSON: Kirk Anderson. My architect is supposed -�- 2 to be here representing us tonight and he's a little bit late. Should I go ahead anyway? MR. GLAISYER: We could move on to something else. MR. ANDERSON: That would be fine. I'd rather do that if r xk„g, I could. MR. GLAISYER: Next item we'll go to Meridian Park $; Subdivision No. 2 for final plat approval. Is there a representative here? Ap (Brief delay.) ' AIR. GLAISYER: We'll move along to, then, our own attorne , x Mr-Wayne Crookston on findings of Gem Estate Subdivision. Mr. Crookston, would you please make your A,: presentation. MR. CROOKSTON: I have sent a letter to the City; which the Council Members and Mr. Glaisyer have copies of. r Basically, the letter indicates that there were two basic problems at Gem Estates Subdivision as they concern David Reeves. First one is that there's a difference between how one of the four-plex units was constructed as compared to how the plans represented that it would be constructed. ' The plans represented that the -- basically, the driveway to the four-plex unit would be on the south side of the unit. JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940Hollandale Drive Boise, Idaho 63705 3 As constructed, the unit has a driveway on the north side and runs out from the four-plex unit onto Main Street. A I basically felt that that was not a major ., deviation from the plans in that it's a rare situation that the City ever even approves such detailed development plans; that is, if you have a subdivision such as Cherry Lane or Sunnybrook 7 Farms, there's no designation on those plats as to which side $ the driveway is going to be on, or how many windows they are going to have, or anything like that. So, I didn't feel that it was a major deviation ,t. from the plans, and that if the developer had come in at the time of construction, or later on, or prior to construction, or 1$ whenever; the Council very easily could have approved the change. So, it is my recommendation that the Council adopt 16' the plans as actually constructed. On that problem. 8' The other problem is that the ordinances and statutes of the State of Idaho require that once a piece of property is divided into several parcels; whether it be by a metes and bounds description, or into a lot and block basis; tha it be subdivided, technically, that is of a plat filed and recorded with the County Recorder's office. In 1975 the developers of Gem Estates requested that from the City; that they be allowed not to plat Gem Estates at the time. The exact minutes of the meeting do not reflect that JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 4 e K , So, basically, my recommendations are two. One, tha Mr. Dowdle agreed to plat at a later time. Bpt, from my J014N W. 6 SUSAN G. GAMBEE, C.S.R.'s the City go ahead and, basically amend the development plans for 18940 Hollandale Drive 7 information that was provided to me, I understand that that was � $ Gem Estates as -- or to conform to how they were actually built; 5 at least as pertains to that particular four -plea on the corner the agreement; that he would plat when required to do so. � And, then, he also submitted a letter to Mr. Reeves x ` Mr. Dowdle and request him.to -- or require him to go ahead and -A that indicated that that was such. x u`47 plat Gem Estates Subdivision. �$ MR. GLAISYER: Thank you. Mr. Williams. So, I based my decision on that letter, plus what MR. WILLIAMS: We did send Mr. Dowdle that letter last my understanding was of what happened in 1975. % r a k ` So, really, the decision now is that the City, I °sf7 MR. CROOKSTON: He's been contacted. I haven't sent him think, should require Mr. Dowdle to go ahead and plat the A� a formal letter and Gary Smith,'City Engineer contacted me subdivision. K , So, basically, my recommendations are two. One, tha J014N W. 6 SUSAN G. GAMBEE, C.S.R.'s the City go ahead and, basically amend the development plans for 18940 Hollandale Drive 7 Bolse, Idaho 83705 � $ Gem Estates as -- or to conform to how they were actually built; 5 at least as pertains to that particular four -plea on the corner of Seventh Street and Pine Street. Then also to contact x Mr. Dowdle and request him.to -- or require him to go ahead and x u`47 plat Gem Estates Subdivision. �$ MR. GLAISYER: Thank you. Mr. Williams. MR. WILLIAMS: We did send Mr. Dowdle that letter last year; did we not, requiring -- requesting that he plat this? °sf7 MR. CROOKSTON: He's been contacted. I haven't sent him A� a formal letter and Gary Smith,'City Engineer contacted me initially because he was directed to draft a letter. I interceded in that letter and requested him to not tia send it out and I -- was prepared for my signature, and I said 93�k. K , J014N W. 6 SUSAN G. GAMBEE, C.S.R.'s 18940 Hollandale Drive 7 Bolse, Idaho 83705 �� 5 0 that I would rather wait to send it out until we -- the City Council made a decision as to Gem Estates. So, I don't think that he has been formally requested. He's aware of the problem, however. MR. KINGSFORD: What were the original plans that called for the Reeves property -- wasn't the Reeves property at that time, but for it to be included in that.development? MR. CROOKSTON: Well, the original owner of the property was Mr. Woods. And at the time various people have owned the property. The original plat, or proposed plat included what is now Mr. Reeves' house, and that's a problem that Mr. Dowdle is.going to have to take care of himself. He can either plat -- he can plat around it or he can plat the whole thing or however he can get it built. He'll have to come to the Council to get the approval of the plat and Council sign off so he can address that problem at that time. MR. GLAISYER: Any other comments from Council? MR. ORTON: Yeah. Wayne, are both parties; that is, Mr. Dowdle and Mr. Reeves I see in the back. Is Mr. Dowdle aware of these two recommendations? MR. CROOKSTON: Not that I'm aware of. I have not had any discussion with Mr. Dowdle. MR. ORTON: In your first recommendation to bring.the development plan up to date -- or have the ultimate development - JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 63705 6 y ti V�g443 or have a new development plan prepared. Is your recommendation that we just have a drawing of what's existing? A record 14, drawing made up and then have that reviewed for its conformance with the original plan, and if it is in conformance, or if we �= judge it in conformance, just accepted? MR. CROOKSTON: Yes, if it -- you know, if the change in l the development plans causes no, you know, drainage problem or so long as it meets the code requirements for setback and things ` _vl , of that nature; that you go ahead and, basically, approve it in an as built form. MR. GLAISYER: Any other comments from Council? Any comments from the public? MR. REEVES: Yes, Council. I wouldn't have any objections to him platting it at a later date if he's willing to buy my property back at what I paid for it. But, I won't go along with him platting my property. They sold it off as a City lot and I don't really think it's right for me to be surrounded by four --pleas and take the financial loss because I have paid for a title search, and because; -he didn't plat it all. This didn't show up. If he had platted, it would have showed up and I wouldn't have bought it. I bought it as an investment property and I've lost in excess of $10,000 already because of the value depreciation. Nobody wants to buy a single-family home next to a JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 63704 7 0 E 'Qur-plex. I*feel that he ought to, as the devtloper, because failed to plat it, he ought to buy the property back. I don't expect to make a nickel off of it, but he �Q:uld buy it back at what I paid for it. If this is not done, then I need to know, from the what I can do with that property; that I can recoup my cmlay from it. What are you going to allow me to do with it? Because, I don't feel that I should have to Lt4stand the financial loss because he failed to comply with t] MR*. GLAISYER: Thank you, Mr. Reeves. You are in a residential zone at this particular and the only thing you can do with your property is decide what you want to do with it, and come before the Council with a POitional use permit, obtain the type of use you want to use for. But, other than that, I don't think the City has any 1 action against Mr. Dowdle, or any recourse back to you, that matter. Council have any comments? MR. KINGSFORD: Mr. Mayor, I might, suppose ask Council. Wouldn't we have some recourse back to him at the '4 we asked him to plat; if this doesn't meet, substantially, ,his original proposed plat? MR.'CROOKSTON: I'm not sure I understand your question, JO" W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Orlye Was, Idaho 83703 8 �s r, 10940 Hollandale Drive Boise, Idaho 83705 14 Grant. MR. KINGSFORD: Where he's including the current Reeves property, or he did in his original plat. Wouldn't we have some recourse to require it be included when he comes in for this platting process that we are going to demand? MR. CROOKSTON: You can make any reasonable requirements * under your.subdivision ordinance of the plat that you deem �8 necessary. Basically, as I understand the Minutes, and as I `tt have read them, he -- the only thing that was not done at the u ' time in 1975 -- well, let me rephrase that. f .' He did everything that was necessary to file the , plat, except have a hardback plat prepared and have it signed off. All the other approvals as a final plat had been made. MR. KINGSFORD: But they included the parcel that we have in question? MR. CROOKSTON: Yes, it did. MR. KINGSFORD: But, it is my understanding, under current subdivision law we can't force him to plat that which he does not -currently own? ' MR. CROOKSTON: That's right. That's the situation that he knew was going to be coming up and he didn't protect himself in that matter. That's his problem. You know, if you tell me that you are going to do something and then, for some reason, you do something that makes JOHN W. & SUSAN O. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 9 iy • 0 it impossible for you to do it, there's nothing that the City can do about it. ,kjr$ I mean, you've prevented yourself, and there are 4, some legal ramifications for your, you know, failure to -- in �r your contract when he sold the various parcels off that 6 subdivision, to say, you know, to have in his contract when I'm 7 required to plat, you have to sign off as a future owner. rd's' That's his problem. All I'm saying is that he can or the City can require him to plat -- 0 MR. KINGSFORD: That parcel? MR. CROOKSTON: -- that parcel. MR. GLAISYER: Mr. Brewer. MR. BREWER: I believe you said a few minutes ago, Counsellor, that Mr. Reeves should go to Mr. Dowdle with his ' problem and not the City? 1 MR. CROOKSTON: That's correct, for the objection -- for fi the comments that Mr. Reeves, the City is not concerned with $ those. 10 MR. GLAISYER: Mr. Reeves. MR. REEVES: We went to Mr. Dowdle first, and Mr. Dowdle 11 said that he submitted the building permits to the City Building Inspector. He approved them. So, therefore, it's .: the City's problem and not his. MR. CROOKSTON: Well, that's just a difference of �3 opinion, I guess. JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 10 F 1 MR. KINGSFORD: But, the last recourse would be us,.and we can force him to plat if'that's the desire of the Council? MR. CROOKSTON: It's his agreement that -- MR. KINGSFORD: But, we can force that. It had been included; that parcel? MR. CROOKSTON: Yes. MR. KINGSFORD: Okay. MR. GLAISYER: We will instruct -Mr. Dowdle to plat the subdivision, send you a copy of the letter, Mr.'Reeves, and then you'll have to approach back to Mr. Dowdle for any kind of compensation that you feel is needed. MR. REEVES: All right. MR. GLAISYER: Okay. Going back to Gentry Annexation -- MR. ORTON: Excuse me, Joe. What about the first recommendation of Wayne's? Do we want to make a motion regarding the record drawings or -- MR. GLAISYER: That's a good point. MR. ORTON: I believe that it is proper that it's usually required, most developments to submit record, or as -built drawings: So, I'd so move that we ask Mr. Dowdle to submit the as -built drawings, in addition to following through with his agreement to plat the subdivision. MR. WILLIAMS: Second. MR. GLAISYER: The motion is made and seconded to require JOHN W. & SUSAN G. GAMBEE, C.S.R.'S 10940 Hollandale Drive Boise, Idaho 83705 11 r . • that Mr. Dowdle submit as -built drawing plans for the final approval of the plat. MR. CROOKSTON: Yes. MR. GLAISYER: Does that satisfy you? All those in favor. (All City Council Members voting in the affirmative.) MR. GLAISYER: All those opposed? (No response.) MR. GLAISYER: Motion carried. Thank you, Mr. Reeves. MR. REEVES: Thank you. MR. GLAISYER: Gentry Annexation, please. MR. GIBSON: My name is James Gibson, and my address is 1867 East Beacon Light Road, Eagle. May I show you a diagram which I think will explain what we're asking for. This is (indicating) Fairview. This is (indicating) a five -acre parcel and there's currently a e. commercial zoning, the first 200 feet, approximately this area (indicating). Five Mile Creek flows through the property in this configuration (indicating); separating this part (indicating) from this part (indicating). We are asking for a rezone of this approximately JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho $3705 12