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1986 03-17' - , ' • • A G E N D A MERIDIAN CITY COUNCIL MARCH 17, 1986 ITEM: MINUTES OF PREVIOUS MEETING HELD MARCH 3, 1986: APPROVED l. PUBLIC HEARING: BLOCK GRANT FOR SENIOR CITIZENS: MOTION TO APPLY 2. PUBLIC HEARING: BLOCK GRANT FOR WATER AND SEWER EXTENSION: MOTION TO APPLY 3. REQUEST BY ALAN GILTZOW TO SPLIT LOT IN CRESTWOOD INDUSTRIAL PARK: APPROVED 4. FROM THE TABLE, PRELIMINARY PLAT ON LOCUST GROVE MANOR: APPROVED 5. ORDINANCE # 464; ANNEXATION & ZONING OF STRIP OF LAND FOR TERTELING TRUST #7: APPROVED 6. ORDINANCE # 465; AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: APPROVED 7. D~PARTMENT REPORTS: • . MERIDIAN CITY COUNCIL MARCH 17, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Chet Hosac, Steve Hosac, Jon Thompson, Jim Kimball, Ray Amounx, Paul ~aatson, Roy Porter, Ray & June Fischer, Glennie Sleight, Dale Ryan, Alan Giltzow, Mo Alidjani, Kenny Bowers, Bob Mitich, Gary Smith, Wayne Crookston, Wayne Forrey, Bob Spencer, Members of Scout Troop #166, Vern Wiseman, Bob Waitely, Dale Ownby: The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting held March 3, 1986 as written: Motion Carried: Al1 Yea: Item #l: Public Hearing: Block Grant Funds for Senior Citizens: Mr. Dale Ryan, President of the Senior Citizens was present and gave the Council a brief synopsis of what these funds were to be used for and advised the Council that the Seniors had the matching funds if this Block Grant was received in the amount of $10,000.00: There were no questions of the Council of Mr. Ryan. Mayor Kingsford, I will now open the Public Hearing, is there anyone in the audience who wishes to comment on this appl.ication? There was no response, the Public Hearing was closed. The Motion was made by Myers and seconded by Giesler to have Mr. Wayne Forrey, JUB Engineers, to proceed with this Block Grant application and apply ta the State of Idaho~for these funds: Motion Carried: All Yea: Item #2: Public Hearing: Block Grant Funds for Water & Sewer Extension: Mayor Kingsford, I will open the Public Hearing, is there anyone in the audience who wishes to testify in this Hearing? There was no response, the Public Hearing was closed. Mr. Wayne Forrey and Mr. Vern Wiseman from JUB Engineers are here to give a presentation on this application. Forrey gave a breif explanation of how the Block Grant Program was administered, advised the Council that they had contacted several of the property owners that this extension would serve and they were willing to participate in the matching funds. He had a map of the area and indicated where the extension would go and which areas it could serve, some of the property might have to be served with lift station until such time as the extension was completed up Ten Mile. The tenative cost of this extension is estimated to be $560,000.00 of which the City would apply for $280,000.00 in Grant Funds. This would make the cost to the property owners, depending how many of them participated, somwhere in the area of $600 to $900 per acre. MERIDIAN CITY COUNCIL • • MARCH 17, 1986 PAGE # 2 Forrey suggested that the City also, beside the $280,000.00 for the extension add an additional $20,000.00 to the Grant for a downtown master development plan..He advised this would not have any effect on whether the Grant was awarded as this also qualified for Grant Funds. Mr. Forrey advised the Council there would be stiff competition for the Funds this year but felt this project had a good chance to be funded. Mayor Kingsford, as you know there are other projects which are eligible for Grant Funds, does anyone in the audience have any other projects which should be considered?There was no response from the audience. The Motion was made by Tolsma and seconded by Brewer to have Mr. Wayne Forrey and Mr. Vern Wiseman from JUB Engineers proceed with the applic- ation and apply to the State of Idaho for the Block Grant Funds in the amount of $280,000.00 for the Sewer and Water extension together with the $20,000.00 for the Downtown Master Development Plan for a total of #300,000.00. Motion Carried: All Yea: Item #3: Request by Alan Giltzow to split lot in Crestwood Industrial Park; Giltzow, I would appreciate the City's consideration on this matter as I have a sale for the North half of this lot and the buyer has plans to build immediately and we do not want any problems with obtain- ing the permits. This plat has not been recorded but all the parties have signed off on the plat with the exception of the Assessor who will not sign until all the 1985 taxes have been paid even though these are not due until June 20, 1986. Mayor Kingsford, for the Council information under the Ordinance 9-604A the City has the right to approve the splitting of lots either lots of record or unplatted lots at their discretion. Are there any questions of the Council? There was no response. The Motion was made by Brewer and seconded by Giesler to approve the request by Alan Giltzow to split lot #3 in the Crestwood Industrial Park: Motion Carried: All Yea: Item #4: From the Table, Preliminary Plat on Locust Grove Manor: Steve Hosac, the preliminary was tabled at a prior meeting and now we are asking for Council approval, I have with me copies of the plat which have been corrected as per the City Engineer comments. Mayor Kingsford, I believe this will have to be approved on the cond- ition that when the annexation is made final this is approved. The Motion was made by Brewer and seconded by Myers to approve the Preliminary Plat of Locust Grove Manor with the condition that all MERIDIAN CITY COUNCIL • ~ MARCH 17, 1986 PAGE # 3 comments of the City Engineer and other entities involved be observed and that this is approved on the condition that the annexation request is made final. Motion Carried: Al1 Yea: Item #5: Ordinance #464: Mayor Kingsford, Terteling Trust #7 Second Annexation, an Ordinance Annexing and Zoning a part of the Southwest Quarter, Section 18, Town- ship 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho: and providing an effective date, is there anyone present who wishes Ordinance #464 read in its entirety? There was no response. The Motion was made by Myers and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #464 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #6: Ordinance ~465: Mayor Kingsford, An Ordinance amending the Zoning & Development Ordinance of the City of Meridian by adding a schedule of maximum heights for fences for the various zoning districts: By adding a provision allowing adjustment of Lot Lines of Lots eontained in a recorded Plat or~~~~- division: By adding setback restrictions for zero lot line building lots and easement requirements for zero lot line lots; By repealing Section 111-9-606-B 13, Street Lighting and re-enacting a new Section 11-9-606B 13, street Lighting, which includes provisions governing the situation where Street Lights have not been required; and providing an effective date. Is there anyone in the audience who wishes Ordinance #465 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ane Number 465 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Mayor Kingsford, I have one addition item that is not included on the Agenda iahich is a request by Western Recycling to place a aluminum can collection machine at Smiths Food King. They have received the approval of Smith's to place this machine there. They have these machines at other location thoughout the valley, this is the type where you place your cans and the machine crushes and wieghs the cans and disperses the money for the cans. Mr. Dean has assured the City that the location will be kept clean and serviced daily. The Motion was made by Brewer and seconded by Giesler to approve MERIDIAN CITY COUNCIL • • MARCH I. 7, 19 8 6 PAGE # 4 the request by Western Recycling to place a can collection unit at Smiths Food King with the stipulation that the area be kept properly policed and maintained on a daily basis: Motion Carried: All Yea: Department Reports: Gary Smith, City Engineer, to update the Council on the problem at Meridian Manor #3, I met with Mr. Thompson and Mr. Fischer two weeks ago tomorrow, we reviewed at the time the inventory of the houses in the subdivision that had water problems under their house. We dis- cussed at that time how this problem may have occurred and I told them I would be getting back to them as soon as I could get some infor- ation put together. I met with Mr. Thompson last Thursday and I related to him a few of my opinions, nothing of any concrete nature and I dis- cussed with him the ditch that runs along the South side of the property which in his case is right behind his home, the status of that ditch and what if anything might happen to it in the future, we also discussed the lot grading map that was prepared by the design engineer for the subdivision, that was subsquently submitted and approved by FHA & VA and the relationship with several of the houses with the elevations shown on that lot grading map. At that meeting I was asked to see if I could find out what the ground water level was at the time the sub- division was designed. I did make some phone calls one to the design engineer and one to FHA and was not able to find out anything from either one, they did not have any record. I think from my observations to date, plus the excavation work that is going on at the North side of the subdivision, it is my opinion that we have kind of a combination of events that has caused the problem, one is according to the Weather Bureau this is the wettest year in seventy years, we also have in that area and other areasa hardpan layer beneath the surface of the ground and it varies in depth from 30 inches to in some place 18 inches, I think it is a combination of the fact we have a hardpan layer down there the fact that the soil above the hardpan layer contain enough clay to make the soil semi-impregnable to movement of water th~ough it and the fact that some of the houses may not have been built to an elevation in relation to the approved grading map. I believe the fact that the footing which all set on or above the hardpan layer preclude the water from going down. The impregnable of the soil prevents the water from traveling horizontally to an area where it could get down, so cons- quently once the ground is saturated there is just one place for the water to go and that is up. I also think if the water can get away from the house it would help, one way would be to provide rain gutters on the house to direct the water away from the house, the other is to have the slope of the ground drop at least six inches in the first ten feet from the foundation. It may be some of the homes will need to have some water gathering trenches around them to facilitate getting the water away from the house. Starting tomorrow morning I am going to go out and check the elevation of the floor level above the curb and gutter in the street, I am also going to check for rain gutter and check the ground around the house just for general grading purposes. One other thing I have considered due to the fact we do have a hardpan layer if a hole was punched through the layer it would help relieve the water that was in the soil, my only concern with this is what effect . MERIDIAN_CITY COUNCIL • • MARCH 17, 1986 PAGE # 5 it might have on the ground water under the hardpan layer. Myers, you mea~ the ground water might come back up through? Smith, Yes, incidently I had a visit from a couple that lives in Park Estates which is off Ustick Road about 3/4 mile east of Clover- dale and they have had for five years they have lived there a~water problem under their house and have~ad everybody out there •t.o look at it they could think of to call, as yet they have found no answer to this problem, I have not spoken to Mr. Thompson or Mr. Fischer as yet but one thing I am going to propose is that we pump out the crawl space under their homes to get rid of the water and see what happens then. This is where I am now. Mayor Kingsford, I might say that since the article in the newspaper I have had at least twenty people call me from around the Valley and advise me if we find a solution to this they would be interested in knowing to, so it is not a probl.em that is exclusive to us but we certaining need to deal with it. Mr. Smith keep us posted on this. Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at u:20 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ T KINGSFO , ATTEST: ad~T.~emahn, Q''ity Clerk pc: Mayor Council Mail (4) File (5) P& Z ommission At , Eng, Fire, lice, Mitich, Ward, Stuart, Keibert, Hallett Valley News, Statesman ACHD,CDH,NIMD,ACC,ACZ i v 1 . r I AMBROSE, FITZOERALD &CROOKSTON Attomeys and Counaelore P.O. Box 427 Meridlen, Idaho 83842 Telephone 88&4A81 • ~6 i V 6.e~ 4~ ~ ORDINANCE NO.~ TERTELING TRUST #7 SEC011TD Ai~iNEXATION AN ORDINANCE ANNEXING AND ZONING A PART OF THE SOUTHVdEST QUARTER, SECTION 18, TOWNSHIP 3 LVORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: TERTELING TRUST #7 Beginning at the south 1/4 corner of Sec. 18, T. 3N. R. lE., B.M., a bronze cap in a concrete post, in Ada County, Idaho; thence S 89~ 42' 17" W for a distance of 685.39 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. lE., B.M. to a steel pin, THE REAL POINT OF BEGINNING; thence continuing S 89~ 42' 17" 6d for a distance of 30.56 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. lE., B.M. to a point; thence N. 0°45' 17" E. for a distance of approximately 1,075 feet r ~ / -.~..~i . • • and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~~~ day of March, 1986. APPROVED: MAYOR, GRANT P. NGSFORD ATTEST: CLERR,~JACR NIEMANN AMBROSE, FITLOERALD &CROOKSTON Attomeys end Counaelors P.O. Box 427 Merldlen, Ideho 83842 Telephone 888~N81 STATE OF IDAHO, ) . ss. County of Ada, ) I, JACR NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is ~. ~ -~~i - • • a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PART OF THE SOUTSWEST QIIARTER, SECTION 18, TOWNSflIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; A}~ D PROVIDING AN EFFECTIVE DATE°, passed as Ordinance No. ~lo~f by the City Council and Mayor of the City of Meridian, on the 17~1~ day of March, 1986, as the same appears in my office. DATED this1~ day of March, 1986f.~ Cit~ ~lei'k q~f the City of Mer dian, P~~~a County, ID. :~ r~ ~ ~ AMBROSE, FITZOERALD &CROOKSTON Attomeys and Counaetore P.O. Box 427 Meridlan, Idaha 83842 Telephone 888~4~87 STATE OF IDAHO, ) : ss. County of Ada, ) On this day of March, 1986, before me, the undersigned, a Notary Public in and for the said State, personally appeared JACK NIEMANN, known to me to be the person who subscribed his name to the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, 2 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. J~~, '~ r~'~'~ • • ~~~I.~• '~~,~i.•~.,r.,,,,., `:'fc<, ~ ~~ ~ N~ ,~;, .. ~' f ;~• u ~r ~ v'+-~:~F;;F~, v ~ ` a ~~> ~ : aw+ ~,fir;:, ::, ~~ ~ ~~ a •~ 1~.. ~ ~. ,~ ~~ ',•' .'.J~~`~y, ~ • Y ~f ~ r~~f~~t~~N• '~-Zt~>.~. A;~~~,y~ ~ . L~~ ~ ~~~~~~ Notary Public f Idaho Residing at: Meridian, ID ~Ada Osu~r, {daho, ss Raqu~st d ` d40.~~.. TIME t ; ~1 M oare 3• 1 q -8~ .I~HN ~ASTIDA ~DE~ R „ ~ ~r~ ' aBldtY . . ~~ ~ • ORDINANCE NO. ~ AMBROSE, FITZOERALD BCROOKSTON Attomeys and Counselo-s P.O. Box 427 MeHdlen,ldeho 83842 Telephorre 88&418Y AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIDIAN BY ADDING A SCHEDULE OF MAXIMUM HEIGHTS FOR FENCES FOR THE VARIOUS ZONING DISTRICTS; BY ADDING A PROVISION ALLOWIATG ADJUSTMENT OF LOT LINES OF LOTS CONTAINED IN A RECORDED PLAT OR SUBDIVISION; BY ADDING SETBACR RESTRICTIONS FOR ZERO LOT LINE BUILDING LOTS AND EASEMENT REQUIREMENTS FOR ZERO LOT LINE LOTS; BY REPEALING SECTION 111-9-606 B. 13, STREET LIGHTING AND RE-ENACTING A NEW SECTION 11-9-606 B. 13, STREET LIGHTING, WHICH INCLUDES PROVISIONS GOVERNING THE SITUATION WHERE STREET LIGHTS HAVE NOT BEEN REQUIRED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Zoning and the Meridian Subdivision and Development Ordinances were adopted in April, 1984, and since that time, after working with and administering the Ordinances, needed changes have become apparent; and WHEREAS, The Mayor and City Council have adopted Findings of Fact and Conclusions pertaining to the proposed amenclments; and WHEREAS, The Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend the Meridian Zoning Ordinance and the Meridian Subdivision and Development Ordinance effective as set forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY TflE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAAT, ADA COUNTY, IDAHO: • • l. That Section 11-9-605 J, Fences, is hereby amended by the addition thereto of a schedule of maximum heights for fences; that said schedule shall be known as Section 11-9-605 J.9. and shall read as follows: "9. Subject to the other restrictions contained in this section, Fences, the maximum fence heights in each zoning district shall be as follows: ZONE HEIGHT a) R-4, R-8, R-15, R-40 & L-O 6.0 feet b) C-N, C-C, C-G & RSC, OT, & AMBROSE, FITZCiERALD BCROOKSTON Attomeye and Counselors P.O. Box 427 Meridlan, ideho 83842 Telephone 888~481 MUR* 8.0 feet c) TE, I-L, & M 8.0 feet *PROVIDED, HOWEVER, in all cases in Paragraph b where a fence greater than 6 feet is proposed the applicant for the fence building permit shall sumbit the request for permit to the Planning and Zoning Commission for design review." 2. That Section 11-9-604 is hereby amended by the addition thereto of a new subsection which shall be designated 11-9-604 R, Lot Line Adjustment, and shall read as follows: "11-9-604 R. LOT LINE ADJUSTMENT 1. The City may approve the relocation of original lot lines as shown on a recorded plat. Provided, however, that the following standards are met: a. A relocation of the original lot lines does not reduce the building site below the • • dimensional standards prescribed by this ordinance, or any covenant pertaining to said plat. b. The relocation of any lot lines does not ~ change the original number of lots in any block, as shown on the recorded plat. c. The relocation of ariginal lot lines does not change or move any streets, easements, or publicly dedicated areas in any manner. d. The applicant has prepared a Record of Survey Plat or Map showing the relocated lot lines which shall have received the approval of the City Engineer. e. That prior to being submitted to the City for approval, the applicant will have obtained parcel numbers from the County Assessor. AMBROSE, FITZCiERALD &CROOKSTON Attomeys end Couneelore P.O. Box 427 Meridian, Idaho &~842 Telephons 88~181 2. The date of an application shall be the date that the Administrator of Zoning & Development Ordinances shall have received payment of the required fee and all of the information in the manner as required pursuant to this ordinance. The date for any required public hearing shall be fixed by the City within a reasonable time thereafter, and in no case later than sixty (60) days after the receipt of the application in its due form. Hearing and notice procedures shall be governed • • AMBROSE, FITZOERALD & CROOKSTON Attomeys and Counaelore P.O. Box 427 Meridlan, Ideho 83842 Telephone 88Bd487 by Section 11-2-416 E& F of the Revised and Compiled Ordinances of the City of Meridian, as it shall be amended from time to time, and by such rules and procedures as the city may adopt pursuant to this Chapter and this Title." 3. The plat or map required by 1 d above shall include the following endorsements: 1. Certificate of lot owner(s) and acknowledgement 2. Certificate of Surveyor 3. Certificate of City Engineer 4. County Recorders Certificate The map or plat shall be prepared on a stable base drafting film and shall comply with Idaho Code Section 50-1304. Once recorded in the office of the Ada County Recorder, deeds will need to be written describing the new boundary per the original recorded subdivision plat plus reference to the Record of Survey." ~ 3. That Section 11-9-605 F, LOTS, is hereby amended by the addition thereto of the following: "4. Zero Lot Line Building Lots: a. YARD SETBACRS: In no case shall a zero-lot- line be allowed adjacent to a property line which is not part of the development application. Only one zero-lot-line interior side yard per lot may be permitted in the R-S Zone. A mimimum distance • • of ten (10) feet shall be maintained between buildings or potential buildings on separate lots. b. EASEMENTS: A perpetual six (6) foot wide maintenance/drainage easement shall be provided on the lot adjacent to the zero-lot-line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve (12) inches, but shall be so designed that run-off from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the development plan/plat and incorporated into each deed transferring the title to the property." 4. That Section 11-9-606 B. 13. is hereby repealed. 5. That Section 11-9-606 B. 13 is hereby re-enacted and shall read as follows: 11-9-606 B 13. STREET LIGIiTING a. The City of Boise's Lighting Ordinance is hereby adopted by this reference as authorized by law. Three (3) copies of Boise's Lighting Ordinance shall be maintained and on file in the AMBROSE, FITZOERALD &CROOKSTON Attomeya end Counaelora P.O. Box 427 Meridian, Idaho 83802 Telephone 88B M81 office of the City Clerk, City of Meridian. b. That in the event the above street lighting • • requirements are waived in the case of an R-4 single family dwelling development or subdivision, the developer and lot owner shall be responsbile for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. 6. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force and effect f rom and after its I passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the ~I City of Meridian, Ada County, Idaho, this~~ day of c~~°C ~ ' , 1986. AMBROSE, FITLOERALD fl CROOKSTON Attomeya end Counselore P.O. Box 427 Meridlan, Idaho 83842 Telephone 8B&4181 • • APPROVED: GRANT P. RIAiGSFORD ATTEST: NIEMANN./ CITY CLERR AMBROSE, FITZ(iERALD &CROOKSTON Attomeya end Counselors P.O. Box 427 Meridlan, idaho 83842 Telephone 8B8i~81