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HomeMy WebLinkAboutRobert HaleMeridian City Council September 3, 1996 Page 20 Crookston: You would need to withdraw the initial motion and second. Corrie: I will entertain a motion to withdraw. Morrow: I will withdraw the motion. Tolsma: I will withdraw the second. Corrie: You may now do the motion Mr. Morrow. Morrow: Mr. Mayor I would move that approve the beer and wine license for Albertson's subject to the receipt of the necessary documentation from the County and the State. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the beer and wine license subject to receipt of County and State licenses, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR ANNEXATION AND ZONING AND HOOK UP TO CITY SEWER BY ROBERT HALE: Corrie: Is Mr. Hale here tonight? Smith: Mr. Mayor, that name is Flaten, it looks like Hale on his letter. Crookston: Mr. Mayor, I don't know that he has requested an annexation and zoning at all, at least it has not been heard by Planning and Zoning. Smith: Mr. Mayor, may I comment, I talked to Mr. Flaten on the phone, from his letter his predicament is that the drain field for the home that is existing out there in which I believe he said his parents live is within the developed area or to be developed are for Danbury No. 71 think the number is. Apparently they didn't realize it until they started doing some improvement work over there and got into it. So that is the reason for his request is to connect to the City sewer and water or at the very least the City sewer because of this septic tank drain field problem. He doesn't want to pay the double connection fee since he is in the County and the double connection is assessable to him by ordinance because he is in the County. He needs a quick fix I guess you would say for a sewer problem that exists. I don't know apparently they didn't know the location of the drain field, I can't be Meridian City Council September 3, 1996 Page 21 certain of that but I would assume that if they had they would have made provisions for this. Shari indicates that she thinks he was the owner of the property that is being developed and so I guess the question is why wasn't this piece annexed because it is just a single lot dimensioned 125 feet wide by 165 feet deep. Well it is a little bit bigger than a single lot but it is a one dwelling parcel. They did stub out to the property when they built the sewer line in front of it in Adkins Lane. So his request for an immediate annexation is for relief from the double connection fee assessment. Shari indicates that you have stated that he has not gone through the proper channels for annexation as far as filing an application. Tolsma: He said that he needs to hook up to it immediately? Smith: Yes that is my understanding. Tolsma: But according to the letter here he would like to be annexed (inaudible) so the procedure would be a double hook up fee with 1/2 refunded after his annexation is processed. Pay the double fee up front so that he does pursue the annexation. Smith: I guess that would be up to the Council to do that, but that would be a good idea yes. Crookston: He would have to ask for a variance from the double hook up fee. Tolsma: If he paid the double hook up fee up front and then go through annexation process and get annexed could you refund 1/2 of his fee? Crookston: That would be up to the Council he would have to request that. He would also have to pay the double annexation or the double hook up fee up front. Mcrrow: Does he have to do a variance if that procedure: is used still? Rountree: He wouldn't be varying from anything. Crookston: We would have to at a minimum have an agreement with him that was what he was going to do. And he would have to pay the double hook up fee and then it would be up to the City then thereafter to act on his request to have it refunded once he is annexed. Morrow: But I guess my question is i the statute that requires the double fee would not require us to have a variance to enter into an agreement like that. Meridian City Council September 3, 1996 Page 22 Crookston: No, because he is in fact paying the double hook up fee. He is meeting the ordinance not varying that. Morrow: (Inaudible) Crookston: You are not giving it back at this juncture. Corrie: Only his request after he does the annexation. This is kind of a way to see that he does the annexation from his response that he doesn't want to pay a double hook up he could get half of it back if he asked for it back after the annexation. Crookston: But you don't want to take any action that indicates whatsoever that the Council will be granting that. Morrow: So at this time we can really do nothing with this agenda item until the necessary applications are made is that what you are telling us? Crookston: That is correct. Rountree: Other than instructing that he has to pay the double fee. Crookston: You can do that. Rountree: It seems to me that they made a conscious decision when they sold and platted that (inaudible) I don't know that we need to exercise a great (inaudible) Morrow: No there was a specific intent not to be part of the City of meridian (inaudible). Corrie: I guess we need a motion either to deny or to accept the request. Smith: Mr. Mayor, may I make one more comment, the, in light of what has happened in other areas of town on properties in the County adjacent to a sewer line operated and maintained by the City, Central District Health will not allow him to construct a field drain on his property because there is a sewer in front of his property they will require that he connect. He really doesn't have a choice as to what he is going to have to do it is a matter of how much he is going to have to pay. Right now the ordinance says he pays a double connection fee. Morrow: I think basically what the Counselor has instructed us Gary is that all we can do with this agenda item for tonight is indicate that we have to deny the request for annexation and zoning and hook up to the City sewer with the exception by paying the Meridian City Council September 3, 1996 Page 23 double fees he then can immediately hook up to the City sewer and then his ultimate remedy is to make the proper request and applications for annexation and zoning and at that point in time once that is accomplished then he can approach the City about whatever it is he wishes to do. Smith: That is fine I understand. Thank you Rountree: If that was a motion then I will second it. Morrow: That was a motion Mr. Mayor. Rountree: Second Corrie: Motion by Mr. Morrow, second by Mr. Rountree that the request for annexation and zoning and hook to the City sewer hereby denied. If he wishes to hook up to sewer was denied. Berg: My question is are you denying both the request to hook up? Morrow: No we are denying the request for annexation and zoning because there is no proper application. Berg: I know but then are you accepting his Morrow: We are accepting the hook up to the City sewer with the double fees. Rountree: Do you want to make a motion to that effect? Corrie: I think he did and I am not finished saying what I thought he said. Let me go back the request for annexation and zoning ar=id hook up to City sewer by Robert Flaten is hereby, however he can hook up to the City sewer with the double payment fee at this time if he so desires. Morrow: And the rest of the motion was to be instructed to make proper application for zoning and annexation. Upon satisfactory completion of such then he can renegotiate with the City Council. Corrie: You heard the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea MERIDIAN CITY COUNCIL MEETING: September 3.1996 APPLICANT: ITEM NUMBER; 12 REQUEST: REQUEST FOR ANNEXATION AND ZONING AND HOOK UP TO CITY SEWER BY R01BERTMA1: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS J �'{ t1 01 ;W) r'° n _ All Materials presented at public meetings shall become property of the City of Meridian. U ✓rr -A IN will .11 of i