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HomeMy WebLinkAboutMarch 19, 1996 C/C Minutes . . . Meridian City Council March 19,1996 Page 19 do we need findings of fact or can we just. Crookston: No, it can be transferred as long as it is in the same place as it always has been it can be transferred. Morrow: Question Mr. Mayor, this is the first time that we have gone through this and it was my understanding that conditional uses went with the owner, are you saying that it can be transferred with all the same conditions in place as long as there is not request for a change of any of the conditions it was originally approved under than it can be transferred? Crookston: It can be transferred at the request of the person to which the initial day care conditional use was granted to and that the proposed new applicant agrees with that and agrees to be bound by what was done? Morrow: I see thank you. Corrie: Any further discussion? I will close the public hearing for the transfer of conditional use to New Horizon Child Care by Trudy Cumba. Council? Rountree: Mr. Mayor, I move that we approve the transfer of conditional use permit. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve the transfer of conditional use permit from New Horizon Child Care by Trudy Cumba, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: TRANSFER OF CONDITIONAL USE PERMIT TO NEW HORIZON CHILD CARE BY CHRIS WILSON: Corrie: At this time I will open the public hearing and invite the public who wish to testify on this? Council any questions or discussion? Morrow: The only question and discussion I had was on Bruce Freckleton's comments from the City Engineer's department he talked about the water to this facility is from an existing service line that connects Ponderosa Paint store and this facility together. With this arrangement it is impossible to know whether the assessments collected by the City are within reason or not. A solution to this problem would be if there were a separate '. 48 8 - Meridian City Council March 19, 1996 Page 20 service line installed for this facility. There aren't any problems to mention with the. existing sewer service line. And then the applicant be required to enter into a reassessment agreement with the City. I think from my perspective it makes good sense to have those on separate services so I would offer that as a point of discussion to the Council. Corrie: Council discussion? Tolsma: I agree with Walter, it would be a lot easier to (inaudible). Rountree: I agree also, would that be another condition we would add onto this permit? Morrow: That would Rountree: Or is it a condition of approval? Morrow: Condition of approval. Smith: Mr. Mayor, I think when this was originally done by Mr. Ross the owner of the building that the day care will be, I think he is still the owner of the building that the Ponderosa Paint store is located in. He was assessed for both of those building and I believe it is under one meter account. If he is still the owner of each building then I would assessment would go to Mr. Ross and if it is not if the assessment at this point is not concurrent with the water usage than we would need to upgrade his assessment. I agree that it would be nice to know how much each facility is using and perhaps he would want to know that also in order to retrieve the monies that he would be assessed. So I guess Bruce's comment about a separate service would be very appropriate if the buildings are under separate ownerships. However, I wonder if they are still under one ownership and the assessment was to Mr. Ross than and we have one meter serving both facilities and I believe that was at his request when it happened originally. That we can reassess him as the owner of both buildings and he can pay the difference. How he collects it from his tenants I guess would be up to him if that makes sense. Because they are assessed sewer based on their water bill too. And again it is up to him as the owner to decide how much he is going to charge each one of the building users. If he feels comfortable with the arrangement that he has right now I don't know that we would have any different concerns about it. Morrow: But do we know that? Smith: I do not know that he is the owner of both buildings no sir. 8 . " ' "', Meridian City Council March 19, 1996 Page 21 (Inaudible) Smith: I think this would be similar to a four plex living unit that had a single water meter which we have a number of. The land lord just decides, well it is a little different because you have different uses here but the land lord would decide how much he is going to charge each building user. It is up to him to split that out. Unless he can't make that decision and he would opt on his own to have a separate service for each building. But in summary we definitely need to bring the assessments up to date as far as the amount of water he has been using. If there is .a disparity there it needs to be corrected. Corrie: Any further discussion from Council? If not' will close the public hearing. Council your decision? Morrow: Mr. Mayor, I would move that we approve the transfer of the conditional use permit. I would like to subject that to the, .as long as the building remains under common ownership with the paint store that one water service line will be fine should they be sold it would be mandatory for another water service line to be installed to the day care center. Rountree: Second Corrie: Motion has been made and seconded we approve the transfer of the conditional use permit subject to the common user pay separate line charges if necessary, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO.6 (REPLAT) BY BOB NAHAS: Corrie: I will now open the public hearing. Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Mayor and City Council as I stated my name is Dave Roylance I am a civil engineer and land planner representing the applicant Central Valley Corporate Park No. 6 is a replat of a portion of Central Valley Corporate Park No.2, 3 and 4. That is it is already platted ground and we are changing the lot lines over the top of the other recorded plats. For the most part the improvements are in place the sewer, water, streets, sewer mains I should say, water mains and the public streets are constructed and already in place as part of the earlier plats. Headway Court is a short culdesac street, public street that is being vacated as part of this process and that is underway now at ACHD, it isn't