10-07-85 Annexation CommitteeOctober 7, 1985 ANNEXATION COMMITTEE 4:00 P.M.
Chairman Manning and Councilmen Palmer, Springer, and Schindler present.
Mayor McDowell, Attorney Neier, Building Official Jackson, Nick Verma of FRDO,
Ed Kennedy and Don Berringer also in attendance.
CULLIGAN WATER ADDITION #189 - Several problems are holding up this annex-
ation. FRDO needs a title report and legal description, and Don Dammel, who
signed the request for annexation, is not the legal owner. The 10 day demand
letter requested by the Committee at the last meeting has not yet been sent
by the attorney. The Committee requested again that a letter be sent stating
that services would be cut off if the needed items were not taken care of.
Attorney Neier stated he would write the letter Wednesday, October 9. C.
Palmer stressed that there needs to be close follow-up to the letter.
CARVER ADDITION #188 - There was a question as to what had occurred with
the two parcels, and whether they had been recorded. Because of lack of infor-
mation this was tabled until the next meeting. Mayor McDowell agreed to chegk
with the Surveyor to see what had been done. C. Springer suggested that if
things are not done in a timely manner Carvers should also be sent a 10 day
notice of termination of services.
WINDWARD VILLA PUBLIC HEARING - The public hearing was published in the
newspaper for October 7, but FRDO did not notify the adjacent landowners in
time so the hearing will be rescheduled for October 21. FRIO has republished
• the hearing date and the adjacent landowners have now been notified.
ZONING ORDINANCE AMENDMENT 6.13B - This is on hold because the City Attorney
has not had time to draft an ordinance. The Committee is agreed to delete
the portion discussed. Mayor is to instruct the Attorney to draft the ordinance.
ZONING ORDINANCE AMENDMENT 5.06 - 5.08 - The last time this was addressed
the Committee directed Nick Verma of FRIO, Ross Plambeck of Community Development
and City Attorney Neier to meet and work out the problems. They have not
as yet met.
ZONING ORDINANCE AMENDMENT 6.14 - An ordinance needs to be prepared by
the City Attorney, after which a hearing date can be set.
ZONING ORDINANCE AMENDMENT 7.31 - Nick Verma, Ross Plambeck, and Attorney
Neier must meet to discuss non -conforming use in the Redevelopment area.
BUFFALO HEAD - C. Manning read the resolution. The Committee requested
that the phrase "and addresses this subdivision specifically" be added to
the resolution.
PARK LAND DEDICATION - C. Palmer presented a report from FRIO concerning
this issue. Discussion indicated thatthe Committee felt that the City should
be doing the same thing as the County. The City does not at this point have
a policy. Copies of the report will be made available to the other Committee
• members and will be discussed at the next meeting.
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Annexation Committee Page 2 October 10, 1984
ment and it was suggested that this be required to be addressed as a matter of courtesy.
Atty Johns asked the attitude of the committee on B-3 zoning in that area.
He stated that he could not recommend that his client annex without confidence of the
property being in conforming use.
C. Springer said that if concern is that we will unilaterally change the zoning, that
possibility does not exist. The record should adequately show -or does already -this
committee has no intention of changing.
C. Palmer stated he was in favor of it being conforming use and stressed that he does
not want to change the policy of extending services without Waiver.
Buffalo Head Townhouses, #3, Lot 14
C. Manning reported that at the last Council meeting, we accepted the final plat of
Buffalo Head Townhouses #2, (Lots 22 and 23). At that meeting, City Attorney said he
felt more comfortable about having a boundary line adjustment to include Lot 14 as
Townhouse #3, boundary line to be on periphery of structure.
Dean Marquardt has provided Meets & Bounds, exterior boundary Lots 1 through 4 legal
description, an amended title report signed by owners of Lot 14 and common area.
This does the same thing as boundary adjustment and C.A. Neier is satisfied.
C. Manning said that FRDO feels that everything is in compliance, except for Item "G",
as indicated in -a -letter dated and received this date.
C. A. Neier explained the condition "G": Covenants in Buffalo Head 092 original, de-
fined lots, the preliminary plat descriptive purpose designated as lots and block for
identification for resubdivision. He feels that Mr. Marquardt has sufficiently de-
scribed property in accordance with the adopted covenants. He does not agree with Mr.
Verma's letter; it substantially complies.
C.Manning stated that to prevent this from happening every time a new lot is addressed,
an opinion is needed from the City Attorney to cover condition "G". Neier agreed to
write that it was in compliance with the preliminary plat. -
C. Palmer moved that recommendation be made to Council to recognize that it is an ade-
quate legal description. Seconded by C. Springer. All voted aye. Motion carried.
C. Palmer asked how many more were coming up, was told about 15 and he stated that a
policy must be established. This could happen again because of setback requirement.
C. Springer asked Mr. Marquardt to notate his file to refer to the #3 conversation
thereon and adopt by reference thereto.
Mr. Barringer suggested that a numbering system as units would be a good place to start;
this would simplify when everything is developed and onlythe first one will be out of
sequence.
The committee make recommendation the Council for final approval at the October 15
meeting. Dean Marquardt will get the title report to C.A. Neier.
Meridian Addition
Public Hearing is scheduled for October 15. C. Manning states that the County wants to
adopt zoning first and land use second. C. A. Neier responded that the land use plan
change has to be first, zoning cannot be enforced.
Surveyor Zavodny mentioned an unzoned lot which borders Meridian Addition, 6DA Hollister
•Meridian Tracts. Neither city nor county maps show the property as being within city,
but it was annexed 12-15 years ago.
C. Palmer asked Zavodny to write a letter to the committee to address the situation,
it will be recommended to Council that it be zoned to conform.
Annexation Committee Page 3 October 10, 19B4
• C. Manning stated this will be addressed separately from Meridian Addition.
Cash in Lieu of Parklands
It was recommended that C. A. Neier contact the Attorney General for opinion at an
earlier committee meeting. Neier will be pursuing this.
Extension of Services Pol
C. Manning stated that FRDO office is giving information that if property is contiguous
to the city, it must be annexed to get extension of services. This does not show in
recommended policies. Discussion of how to have consistency between FRDO, Building
Department and Public WorksI Department.
C. Springer moved that the committee recommend to Council that policy be adopted and
that we advise FRDO what that policy is. Second by C. Springer. All voted aye.
C. Manning referred to several :issues that the Council should discuss and decide. He
says we are maybe too stringent, regarding annexations, both in existing and those
subdivisions coming in. Possibly improvements should be phased in.
C. Springer stated that a policy position is needed. We should give FRDO guidelines
of Council position. He feels we are deviating from basic policy with separate agree-
ments and we must be consistent. All agreed.
Meeting adjourned at 4:55.
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