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:
•
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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~
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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
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• •
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.
:~
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~
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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.
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Notary Public f Idaho
Residing at: Meridian, ID
~Ada Osu~r, {daho, ss
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~ •
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