HomeMy WebLinkAboutApplicant Position StatementJul 18 03 117:27a 2089380941 p,l
Position Statement
File No. PP-03-011 Name of AppGcantJProject: _ Aillview Develonmeot
CoroorationlTrailwav Park Subdivision
To: Meridian City Council
From: _ Seckv McKav EntdneerinQ Solutions LLP
I have reviewed the Findings of Fact and Conclusions of Law, with which I disagree as
follows:
The following Findings and/or Recommendations should be revised:
§ ] 2, age ] 0 - This no longer applies and should be deleted, as the applicant chose
to remove the island from the cul-de-sac.
§ G.2 -The applicant definitely has a problem with the wording of this section.
Idaho Code § 36-1604 limits landholder liability when a recreational trespass is allowed
on private properly. The applicant does not want to give up that limitation of liability by
entering into a license agreement with Nampa-Mendtan Irrigation District. In speaking
with the District, they will not enter into a license agreement with a homeowners'
association; they will not subrogate their maintenance responsibilities to a private entity.
The applicant proposed the pathway because it is a City requirement. The applicant
needs to have the option to construct the pathway to City standards and turn over
ownership and maintenance to the City of Meridian. Without rewording of this
paragrap , tfie applicant may be put in a difficult position between the City of Meridian
and the Nampa-Meridian Irrigation District.
We respectfully request that this item be taken off of the consent agenda so we may more fully
discuss this issue. Thank you for your consideration.
Dated this 18'h day of Julv' 2003. ~,/
Signed: ~ /~~
Becky McI
Copy served upon Applicant, Planning and Zoning Department, Public Works Department and
City Attorney.
Received in the record: ~ / ~ $ / O 3
By: OYIGbYYYZ~~'~--'
Wi yam .Berg, Jr., lty C el rk
DECEIVED
JUL 18 2003
City Of Meridian .
City Clerk Of&ce
JUL 1B '03 10 40 2069380941 PAGE.81