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HomeMy WebLinkAbout1990 05-01 AMBROSE, FlTZG ERALD & CROOKSTON A~t~~~:~~O~~d P.O. Box 427 Meridian, Idaho 63642 Telephone 868-4461 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN vJ. H. MOO R E REQUEST FOR REZONE FIVE ACRES NORTH OF OVERLAND ROAD WEST OF WESTERN STATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAH The above entitled matter having come on for public hearing April 17, and again on May 1,1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person and the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use Permit vias published for two (2) consecutive weeks prior to the said public hearing scheduled for April 17, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 17, 1990, hearing; that the public vias given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that notice is required to be mailed to owners of property within 300 feet of the subject property; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 AMBROSE, FITZGERALD & CROOKSTON A~l~~~:~~O~:d P.O. BOl< 427 Meridian, Idaho 83042 Telephone 888-4461 ovJners of three parcels of ground \'Jere inadvertently omitted by the Appl icant from the mailing list; however, the owners of those parcels have executed waivers of notice and those waivers are on file. 2. That this property is located within the City of Meridian and is owned by the Appl icant and is described in the application, which description is incorporated herein as if set forth in full, and is north of Overland Road and approximately 500 feet west of Western States Equipment; that a portion of the property fronts on Overland Road; the property is presently zoned Community Commercial (C-C) but the applicant has stated that it is zoned General R"tail and Service Commerci al (C-G) and is presently vacant ground; the proposed use of the property is to operate a regional facility for Arnold Machinery Company for sales, service and rental of construction, mining, industrial and farm machinery and equipment. 3. That some of the surrounding property is zoned C-G by the City and a portion of the surrounding property is zoned as residential by the County of Ada; that there is industrial property to the east which is in use in a similar fashion as that use proposed by the Appl icant. 4. The Applicant in his Application requested that the property be rezoned to Light Industrial (I-L); that at the hearing before the City Council the Applicant requested that only the portion of the property used by Arnold Machinery be rezoned to (C-G) General Retail and Service Commercial and that FINDINGS OF FACT AND CONCLUSIONS OF LAW P AG E - 2 AMBROSE, FITZGERALO & CROOKSTON Ag;~~~~~::Sd P.O. Box 427 Merl:~~dahO Telephone 888-4461 the remainder of the property remain (C-C); that the portion of the property to be rezoned is described in Exhibit II All attached hereto. 5. That the property is contained in a mixed use area as designated on the Pol icy Diagram at Page 7 of the Meridian Comprehensive Plan; mixed-use review areas are addressed in the Plan at Page 15 and it states as follows: "Mixed-use is a general planning category It/hich refers to the coordinated development of two or more major uses as part of a single project, such as specialty retail-commercial, higher density residential, offices, motels, industrial services, service commercial and public and semi-public uses. As per the Policy Diagram, certain areas have been designated for mixed uses. The development of mixed and compatible land uses should be carefully guided through specific project plans.1I 6. That the C-G District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 7. That the use proposed by the Appl icant is that as recognized in 11-2-409 C., Industrial, Zoning Schedule of Use Control, Equipment - Heavy, Farm, Etc. (Sales Repair) and such use is a permitted use in the C-G District. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 F~T~~~~~~O & CROOKSTON Attorneys and Cou nselors P.O. BOle 427 Merl~~~dahO elephone 888.4461 8. That the property is a parcel of ground that is approximately five acres is size. 9. That the property is not presently connected to City sewer and water. There is a six inch water line in Overland Road however to connect the property to sewer the sewer line wi 11 need to be extended from the northwest corner of Western States Equipment or connect to a proposed 1 ine in the Ten Mi le Drain which has hot yet been constructed. The Applicant stated that he was prepared to work with the City and he agrees to contribute an amount of money equal to what it would cost him to extend the trunk 1 ine from the Western Equipment property to the corner of his property. 10. That there vJas publ ic testimony at the publ ic hearing which voiced concern over the proposed use and what measures would be taken to screen the residential areas south of Overland Road; that at the continuation of the hearing the concerns had been resolved between the Appl icant and Objecting parties. 11. That comments were submitted by the City Engineer~ Central District Health Department9 and Nampa & Meridian Irrigation District; that prior to the adoption of these findings of fact and conclusions of law the Ada County Highway District may submit comments; that there was some discussion of the ACHD requirements; all of the above mentioned comments are incorporated herein as if set forth in full herein. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LA\~ PAGE - 4 AMBROSE, FITZGERALD & CROOKSTON A~~~~:~~O~~d P.O. Box 427 Merl~;';~dahO elephone 888..\461 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicantls property or the wavier of notice of having been obtained from owners who had not been initially noticed. 2. That the City of Meridian has authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idah~, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, ~Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under ~'1hich the City shall review applications for zoning amendments; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselors P,o. Box 427 Meridian, Idaho 83642 'elephone BBB.4461 that upon a revieltJ of those requirements and a review of the facts presented and conditions of the area) the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious ltJith and in accordance with the Comprehensive Plan and no Comprehensive Plan is required. (b) The area is designed to be a mixed use area and a rezone of the subject property is in line 1tJith that designation. (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be allowed under the new zoning of Light Industri al. (d) There has been changes in the area which tend to dictate that the area may lend itself to be rezoned; those changes are the construction of Western States Equipment's facility and the reconstruction of the Kuna/Meridian Road and the changes to the 1-84 interchange. (e) That the representations of the Applicant that the facility would be similar to Western States Equipment's indicate that the property will be developed) designed and constructed to be harmonious with the surrounding area. (f) That the proposed use would not be hazardous or disturbing to the existing or future uses of the neighborhood if developed as represented. (g) The property ltJil1 have to connect to public facilities. (h) The proposed use 1tJould not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) T'-e proposed use will not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. FINDINGS OF FACT AND CONCLUSIONS OF LAH PAGE - 6 AMBROSE, FITZGERALD & CROOKSTON A~t:~~:~~O~:d P,O. Box 427 Meridian, Idaho 83642 felephone 688-4461 ( k ) T hat t his r e z 0 n e vJ ill not res u 1 tin the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the comments submitted by the Central District Health Department~ Nampa & Meridian Irrigation District and the City Engineer as incorporated herein shall be a requirement for the rezone. That the Ada County Highway District had not submitted comments at the time of the hearing before the Planning and Zoning Commission but there ~;las discussion pertaining its requirements and therefore no specific concl usions are made regarding those comments, but it is concluded that if comments are submitted prior to the hearing before the City Council that they be considered. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter. 9. That it is concluded that the request by the Appl icant to have the property zoned C-G rather than I-L is not a significant or material change in the request and does not require new notices as 1 ikewise the reduction in the size of the property to be rezoned is not a material change requiring new notice. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these FINDINGS OF FACT AND CONCLUSIONS OF LA~i PAGE - 7 F~Ti~~~;~D & CROOKSTON Attorneys and Counselors P.O. Box 427 Merld lan, Idaho 83642 Telephono 8llll..\461 Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) A P PRO V ED: Cf ~( '-1 C IS ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 8 VOTE.~.DL~ ~ VOTED 70_ VOTE ~ VOTED~7 VOTED~ DISAPPROVED: AMBROSE, FITZGERALD & CROOKSTON AUorneys end Counselora '1, Box 427 'Ia;';~daho '!88..\461 90;;;'~4153 ORDINANCE NO~ 5~ 5' AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN ~4HICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 7, IN TOVJNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1302 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-15) Residential to (C-G) General Retail and Service Commercial, for the following described parcel: Commencing at the West quarter corner of Section 7, in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence East on the center line of said Section 7, a distance of 521.4 feet to a concrete monument in the center of East First Street on Pine Avenue; thence North on the center 1 ine of East Fi rst Street a distance of 1264 feet; thence East 40 feet to the East 1 ine of East First Street, the real pl ace of beginning; thence North along the East line of East First Street a distance of 92 feet; thence East 246 feet; thence South at right angles 92 feet; thence VJest along the North boundary of the old Meridian High School property, no\'l owned by the United States Post Office, 246 feet to the real place of beginning. NOvJ, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Sect i on 1. That the aforementioned real property v/hich is described as follows: Commencing at the West quarter corner of Section 7, in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence East on the center line of said Section 7, a distance of 521.4 feet to a concrete monument in the center of East First Street on Pine Avenue; thence North on the center line of East First Street a distance of 1264 feet; thence East 40 feet to the East line of East First Street, the real place of beginning; thence North along the East line of East First Street a distance of 92 feet; thence East 246 feet; thence South at right angles 92 feet; thence Hest along the North boundary of the old Meridian High School property, now or/oed by the United States Post Office, 246 feet to the real place of beginning. be, and the same is rezoned from (R-15) Residential to (C-G) General Retail and Service Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by 1 a w. PASSED by the City Counci 1 and approved by the Mayor of the City of Meridian, Ada County, Idaho, this/~ day of jCf)OJUl I 1990. APPROVED: ~ ?Jf41~F MAYOR -- GRANT P. KINGSFORD ATTEST: AMBROSE, FITZGERALD & CROOKSTON Attornays and Counselors P.O. Box 427 Merl:;.;~dallo relephona 688-1461 AMBROSE, FITZGERALD 1\ CROOKSTON Attorneys and Counselors P.O. Box 427 Merl:~.j~dahO felephone 888.4461 STATE OF IDAHO,) s s . County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled uAN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 7, IN TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1302 EAST FIRST STREET, MERIDIAN, IDA~_i ~D PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. ~~ , by the City Council and May 0 r 0 f the C i t Y 0 f Mer i d i an, 0 nth e /<~)~ day 0 f t~Cl(j _,1990, as the same appears in my of lce. - DATED this ~..vJ day of ~_, 1990. C'~ . /~ .............. ......::}:3 ( v-<:?V)c~ City Glerk, City of Mendlan Ada/l/ounty, tdaho STATE OF IDAHO,) s s . County of Ada, ) On this ~ day of (Yl00 , 1990, before me, the undersigned, a Notary Public 1n and for said State, personally appeared Jack Niemann, kno~vn to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) AGENDA MERIDIAN CITY COUNCIL MAY I, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HElD APRIL 17, 1990 PRCCLAMATION DECLARING WEEKOF MAY 7-MAY 11 I1SPOrLIGHT OUR SCHOOLS WEEK" 1: FINDINGS OF FACI' & CONCLUSIONS OF LAW ON VARIANCE REQUEST BY CHERRY LANE DEVEIDPME!:'lT, CHERRY LANE VILLAGE #3: (APPROVED) 2: APPROVE PRELIMINARY & FINAL PLAT ON CHERRY LANE VILLAGE #3, IF VARIANCES ARE APPROVED; (APPROVED) 3: PUBLIC HEARING: REZONE REQUEST BY W.H. MCDRE: CONTINUED FROM LAST MEETING: (APPROVED) 4: PRELIMINARY PLAT ON MERIDIAN PLACE #3: TABLED AT LAST MEETING: (APPROVED 5: CONDITIONAL USE PERMIT FOR SHIRLEY PERSON FOR YOGURT SHOP AT 310 EAST FIRST STREET: (APPROVED) 6: ORDINANCE # 525: ORDINANCE REZONING VALENTI PROPERrY ON EAST FIRST ST: (APPROVED) 7: ORDINANCE # 526: NEW AIR QUALITY ORDINANCE: (APPROVED) 8: COVENANTS ON LCX:UST GROVE MANOR: (APPROVED) 9: PRE-TERMINATION HEARING: WATER, SEWER, TRASH DELINQUENCIES: (TURN-DFF APPROVED) 10: APPROVE THE BILLS: (APPROVED) 11: LEASE AGREEMENT ON PROPERTY AT PARK WITH KEN HAMILTON DBA KEN HAL\1ILTON PRESENTATIONS: (APPROVED) 12 : DEPARrJ:vIEf:\lT REPORTS: MERIDIAN CITY COUNCIL MAY I, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Max Yerrington: Other Present: W.H. Moore, Norman Fuller, J. Bertetto, Liz Bolts, Paul Kochman, Vern Labernik, Ken Schneider, Sam Briscoe, Raleigh Hawe, K. Beumeler, Scott Swanbeck, Peter Michaelson, J.J. Howard, Jim Johnson, Winston Moore, Billy Ray Strike, John Ewing, Sara Ewing, Gary Lee, Gary Smith, Bill Gordon, Daunt Whitman, Jack Riddlernoser, Wayne Crookston, Jack Smith, 0' Arlene Stutzman, Scout Troop #129, Chuck Fuller, Jerry Rohan, JoLynne Cavener, : The Motion was made by Yerrington and seconded by Myers to approve the Minutes of the previous meeting held April 17, 1990 with one correction on Page 8, as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring May 7 through May 11 as "Spotlight our Schools Weeku. ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON VARIANCE REQUEST BY CHERRY LANE DEVELOPMENT, CHERRY LANE VILLAGE #3: Kingsford: Council members you've had the Findings of Fact & Conclusions of Law are there any questions or corrunents. Tolsma: The street lights are really not a detriment to the developer which lacks grounds for a variance. I think we should have the Planning & Zoning Commission possibly make an amendment to the Ordinance as such so that we could get a different setback on the culdesac lots and possible the street lighting as an either or situation. Kingsford: You I re speaking to avoid a variance request on that issue in the future. Kingsford: What about the sprinkler irrigation? Myers: That looks like it's more of a deferment that a variance request because we haven I t got the procedure set up on that anyway. Kingsford: Could I maybe get you and Ron to work with Jim Johnson & P & Z in looking at those Ordinances, please? The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Cherry Lane Development with the exception of the variance request for the pressurized irrigation system. Roll Call Vote: Yerrington - Yea; Giesler - Abstained; Myers - Yea; Tolsma - Yea: Motion Carried: 3 Yea's and 1- Abstained. ITEM 112: APPROVE PRELIMINARY f.! FINAL PLAT ON CHERRY LANE VILLAGE 113, IF VARIANCES ARE APPROVED :' The Motion was made by Myers and seconded by Tolsma to approve the Preliminary & Final Plat on Cherry Lane Village 113. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE 112 Motion Carried: All Yea - Giesler - Abstained: ITEM {!3: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE: CONTINUED FROM LAST MEETING: Kingsford: The Public Hearing is now open again on this subject, is there someone from the Public tvho would like to offer testimony, come forward and be sworn. ~'Jinston Moore, 11665 Thomas Dr., Boise, was sworn previously. Moore: Briefly explained about the two parties that were not notified. We did meet last Thursday with Glenco & a number of concerned Meridian Greens property owners. We have arranged to do additional landscaping on Overland on our side tvhere the new intersection will be located. Glenco did execute the waiver of notice and also received one from Joe Tertling for Tertling Trust {/7. One concern the Meridian Greens folks had is as follows, they have a concern that the IL. Zoning that we have requested is to permissive. Even though I am only asking to rezone five acres on which the Arnold Machinery Proj ect will be placed, they are concerned that if you grant the Industrial Zone that that may establish a presidence and someone in the immediate area could come at a later date and ask for Industrial Zone for more permissive and less desirable use. If you could consider a zone of CG instead of IL that is what they prefer. Larry Bertetto, from Meridian Greens, was sworn previously. Bertetto: We did meet with Mr. Moore and had a real good meeting. We would like you to consider what he has said. The only thing that we would ask is at some time if the City could consider some type of Ordinance that if anything happens to Mr. Moore that something be ordinanced to the fact that it I S kept the way that he certainly intended it. Raleigh Hawe, 530 Blue Heron Lane, was sworn by the attorney. Hawe: I have known Mr. Moore for a number of years and I would just like to speak in favor of the type of construction that this gentleman puts forth to the community. Kingsford: Anyone else present that would like to offer testimony, being no response the Public Hearing is closed. Giesler: The question that I have is the possibility of being able to change that from IL to CG tonite without him having to go through that process. Crookston: We would have to have an amendment to the Findings in that regard. I would propose to the Council to go ahead and have a motion to prepare the Ordinance and if that is the Council's desire to change that if tve can legally do so I can prepare the Ordinance to the CG designation, amend the Findings of Fact to eeflect that. Myers: It sounds to me like Mr. Moore is really trying to work with these people. The Motion was made by Myers and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law for the rezone request foe Mr. Moore. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #3 The Motion was made by Myers and seconded by Tolsma to have the Counselor to proceed with the Ordinance with the possibility of changing the zoning from IL to CG. Motion Carried: All Yea: ITEM #4: PRELIMINARY PLAT ON MERIDIAN PLACE #3: TABLED AT LAST MEETING: Giesler: There was some concerns over the irrigation I was wondering if those have been resolved. Jim Howard: From JJ Howard Engineering. I visited this site generally in the NW corner of the project is the only area that would impact adjoining land owners. We will provide an easement so they won I tallow individual lot owner to fence that gentleman out. We will show directly on the plat that all fences have to be located well inside that headgate area. We have a drain ditch on the west side which it serves to, it takes the wastewater off of our property and drains it into a large drain ditch and that will eventually some 100 to 200 feet will be covered. The drain ditch directly to the south will be tiled. Kingsford: There is no water that drains during that area into the drain di tch that will be backing up and so forth -- Howard: The drain ditch weill have to work with irrigation people, but we are proposing to cover it, welve never had any problems before as long as we keep the joints open to allow water to seep in. Giesler: I might ask Mr. Hawe if these responses answer his questions. Hawe: The 10xlO area that he is discussing is one of the areas of concern that I had, the other is the, of course that spring that runs east & west on the south side of their property that of course would have to be tiled. There is one stub that runs north & south on the west side of their property and I'm not sure that I heard him address that. The access easement to that irrigation box is my concern because at that point I receive the water for my place as does about seven other people. Howard: It will be easily accessible. THERE WAS DISCUSSION. TAPE ON FILE. Hawe: What size of tile are you proposing to put into that east-west lateral. Howard: It I s 24" existing and that will be dictated by the irrigation district. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat on Meridian Place #3. Motion Carried: All Yea: Kingsford: Engineer Smith can you give a brief explanation of where we are at concerning the water situation. MERIDIAN CITY COUNCIL MAY I, 1990 PAGE #4 Engineer Smith: Since the last meeting I have been in contact with a consulting engineer who was assisting us previous to that point and there are a couple other wrinkles we are looking at. Explained those to the Council. I have had the water department install a pressure recording device out there at the subdivision. Liz Bolts: I believe it was taken off on Monday but it was only on over the weekend. Sometimes it I S weeks it will go on fine. I would like to see it on there for a longer period of time. Smith: We have a new recorder coming and it IS a seven day recorder. Giesler: Do you have an estimated time of when this project will be completed. Smith: I still think we can get something done by early June. ITEM #5: CONDITIONAL USE PERMIT FOR SHIRLEY PERSON FOR YOGURT SHOP AT 310 EAST FIRST STREET: Kingsford: Is there a representative here? Sam Briscoe, Briscoe Builders was present. Giesler: Have they determined whether it will be a drive thru or a drive up? Briscoe: It would be a drive by in the front. Giesler: Has the concern about the fire hydrant been resolved. Briscoe: She talked to them, the plans are in the process of being changed to see if we can get around the fire hydrant rather than moving it. Giesler: I am concerned about the curb & gutter. Where do you draw the line as to when we start adding onto that new highway, we don I t want to put a burden on new business, but Ilm wondering when we have that done. If we have the downtown done, then I would like to see something be the start. Would there be a time that that could be done, curb & gutter on King Street. You will be entering from East 1st and leaving on King. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law with the exception of Item #5. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit with the conditional that within a year to put curb & gutter in on King Street. Motion Carried: All Yea: ITEM #6: ORDINANCE #525: ORDINANCE REZONING VALENTI PROPERTY ON EAST FIRST ST: Kingsford Read: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 7, IN 'IOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1302 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #5 Kingsford: Is there anyone present who wishes Ordinance 525 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 Ordinances be read on three different days be dispensed with and that Ordinance Number 525 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea: Tolsma - Yea: Motion Carried: All Yea: ITEM #7: ORDINANCE #526: NEW AIR QUALITY ORDINANCE: Kingsford Read: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADOPTING PROVISIONS FOR REGULATING AND TESTING MOTOR VEHICLE EXHAUST EMISSIONS INCLUDING A SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE; DEFINITIONS; INSPECTION-MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE AIR QUALITY BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; EMISSIONS INSPECTION STATIONS; EMISSION INSPECTION MECHANICS; ACQUISITION OF PROPERTY AND CERTIFICATES THE PROPERTY OF THE BOARD; FALSIFICATION OF CERTIFICATES; DEMAND OR COLLECTION OF IMPROPER FEE; ENFORCEMENT; PUBLIC INFORMATION; EFFECTIVE DATES; PENALTIES; JOINT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Kingsford: Is there anyone present who wishes to have Ordinance 526 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 Ordinances be read on three different days be dispensed with and that Ordinance Number 526 be passed and approved. Roll Call Vote: Yerrington- Yea; Giesler - Abstained; Myers - Yea; Tolsma - Yea: Motion Carried: 3 Yea -,.1 Abstained. ITEM #8: COVENANTS ON LOCUST GROVE MANOR: Crookston: On page 5, number 5, it speaks to the residential building sites remaining at the size and domension shown on the recorded plat, as I recall there were designation of house sizes pursuant to our Ordinance and yet on page 6 paragraph 10 it says that residential buildings will be at least 1, 300 sq. ft.. If there is no conflict then that would not be a question. Then on page 6, item 12, they have a forty watt yard light requirement, that came up before and the council said they needed at least a 60 watt. We need to reference that the yard lights be wired directly to the breaker box. That wouldn It pertain if there was street lights. Had a question on easements, whether or not they wanted to add the gas company? Also on page 10 they appear to have the owner of a lot paying for for repairs to underground power lines and maintenance, I believe that the utilities pay for that. Explained further - TAPE ON FILE- The Motion was made by Myers and seconded by Tolsma to approve the covenants on Locust Grove Manor with the approved remedy. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #6 ITEM #9: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-termination hearing at 7:30 P.M., May 1, 1990 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, trash bill is delinquent. You may retain counsel. Is there anyone from the public who would like to contest their water, sewer, & trash delinquency? There was no response. They are hereby informed that they may appeal or have the decision of the City reviewed by the fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Myers and seconded by Yerrington to approve the turn off list. Motion Carried: All Yea: Kingsford: The amount of the turn off list if $6,460.35. ITEM #10: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Giesler to approve the bills. Motion Carried: All Yea: ITEM #11: LEASE AGREEMENT ON PROPERTY AT PARK WITH KEN HAMIL'ION DBA KEN HAMIL'ION PRESENTATIONS: The Motion was made by Myers and seconded by Tolsma to approve the lease agreement with Ken Hamilton and authorize the Mayor and City Clerk to sign. Motion Carried: All Yea: ITEM #12: DEPARTMENT REPORTS: Police Chief: Approximately about two months ago, the Council authorized me to apply for a Federal Drug Grant, that Grant was awarded today by GoVen1or Andrus and barring any un- forseen problems the Meridian Police Deparbnent will have a full time Drug Enforcement Officer',' June 1, 1990: Building Inspector: A couple of things, the City Clerk had talked to me today about where the Council has granted yard lights instead of street lights and I visited with the Electrical Inspector today and we are going to draft a letter to put with all the penni ts where this condition exists advising them of the requirements and then when doing the inspections we will make sure this is canpleted as required. The other thing, in December the Council granted an extension on sane temr::orary occupancy and::one of those temporary occupancies has been finaled and the other one has not been fii'laled as yet and today was the date that the temfOrary occupancy expired ahd I guess I am asking how the Council wishes to proceed fran here. Myers: Whose is it that is not finaled? Building Inspector: It is a rental of D' Arlene Stutzman. MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 7 Myers: Have you talked to her about what the problem is or why they have not done it? Bldg. Inspector: I did a framing inspection along with Dennis Davis the Narnpa Building Inspector approximately three to four weeks ago and I do not nonnally go out and check every job every day, it is up to the Builder to see that the inspections are called for when it is ready, so I am not aware of any holdup on it. Myers: What is the problem for the occupancy perrait, what needs to bedone, do you know? Bldg. Inspector: They are adding on a family roan & garage to a moved in house, they are expanding that house and the temfOrary occupancy was granted because it was deemed to be safe, the only thing is the City Ordinance states there is not sUPfOsed to be any occupancy nntil a final occupancy has been granted. Myers: So what about the existing house that was moved in, is everything in there ok, is it just this addition that is a problem is that what you are saying? Bldg. Inspector: Basically, the perrait was taken out to move the house in and do the addition, one perrait was issued for the whole thing, so bascially we need to have a final on the whole project. Myers: Refresh my memory, when we extended it in December was that for six months for them to get the whole project canpleted? Bldg. Inspector: At that fOint, August 9, 1989 they had been granted a temfOrary occupancy for thirty days and the Council granted it until May 1, 1990 because of weather concerns and that type of thing because there was a lot of outside work to be ccmpleted, the other hane it was mostly inside work that needed canpleted. Myers: When you looked at it three weeks ago, what still needed to be done? Bldg. Inspector: Well it just had the rough framing done on the addition, I did not go inside the heme at all. Dennis Davis had already inspected that to grant the temporary. Myers: I assume that someone is living in it, is that correct? Bldg. Inspector: As far as I know. Myers: So basically what it is, is the addition has not been ccmpleted but they applied for the whole project on one perrait, so if saneone is living in there it is probably not any big problem for them to be living in the house because it is liveable, I mean the house isself is ok, it is just this additionthat hasn't been completed as yet. Have we heard fran her at all on an extension or anything. Tolsma:What is the procedure, we have already granted an extension: City Attorney: the procedure is to bring it up f.OJ! consideration which the Building Inspector is requesting the Council to do, you can grant a continuance without her request if that is what you want or since she has not made a request which apparently she hasn't, you can instruct that the temfOrary occupancy perrait be formally withdrawn I believe the procedure at that jnnture would be for the Building Inspector to red tag the project. and to require them to cease occupancy. of either the whole house depending ufOn whether part of it is occupiable or not or the fOrtion that is not occupiable not be occupied. Myers: What would happen if we wrote her a letter and see if she wante9 to cane to the next Council meeting and tell us . why they do not have it canpleted or l.f they want an MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 8 extension or sanething and see what option we have. City Attorney: I believe that under the occupancy pennit if the temporary has expired, technically they are in violation unless it is officially regranted. Myers: Then if it is expired, they are technically red tagged and they should move out, so what do you do? City Attorney: It is a cede violation, the procedure would be to red tag it and tell them they have to move out of it depending how the orgina1 pennit was issued and then if they don't, then you would sue for a mandatory injuction to require them to move. Myers: So if we do that then we are looking at sane expense to the City to do something al:x:)Ut it. City Attorney: Yes. Myers: If we do not have a request for an extension, then we probably carmot grant an extension. City Attorney: I think that you can do that on your own motion. Tolsma: If you grant an extension and they still do not do anything then what do you do? City Attorney: That is where we are right now. Myers: Maybe the thing to do would be to give them a 30 day extension. The Motion was made by Myers to grant a 30 day extension and put her on notice that if it is not completed in 30 days we will proceed accordingly. Giesler: Question, it is just the garage that is all that is left on that. Bldg. Inspector: A family room & a garage. They are not using this part only the house that was moved in. Motion died for lack of second. Giesler: You do not have any idea how close this is to being finished at this time? Bldg. Inspector: I know the outside of the hone is not even close, no siding put on at all, the inside I do not know if there has been any sheet rocking done. Giesler: I would second . the Motion: Mayor KIngsford: That Motion died for lack of second: The Motion was made by Myers and seconded by Giesler to grant a 30 day extension and send them notification that if not ccmp1eted in 30 days we 'WOuld proceed accordingly . Roll Call Vote: Yerrington, Nay: Giesler, Yea: Myers, Yea: Tolsma, Nay: Mayor voted Yea to break the tie: Extension was granted: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 9 City Engineer: Conceming the bid for the drilling of City Well #12, Pete Cope was the apparent low bidder, Wayne Stevens & Sons were the second bidder, Mr. Cope was sent notification that he was low bidder along with copies of the contract for him to sign and to return the contract with his surety bond for prefonnance .$; payment. Mr. Cope has failed to return the surety l:::ond. He profOsed to sul::mit letters of credit in lieu of the surety bonds however the letter of' credit was deemed not to confonn to the State Code. Thus morning Mr. Cope called and infonned me that he could not campI y with the requirement of the surety l:::onds. He advised that he was not interested in proceeding any farther with this bid. I asked him to send scmething to us in writing regarding what his desires are on this bid. City Attorney: I believe we could go ahead, in the first place forfiet the bid bond of Mr. Cope, proceed to award the contract to the next low bidder, I believe that under the bid laws we do have an option to rebid the project, if that is the Councils desire, I would like to make sure that that is a provision in the statue before they move in that direction. Mayor Kingsford: I think it would be advisable that we wait for written notification before we proceed in any direction. City Engineer: Just one other corrment, on our Ten Mile Road extension project,the project will be advertised for bids on the 9th & 16th of May r bids will be opened on the 23rd. The Ten Mile Creek extension is being survey so the plans can be prepared for that. Mae Alidjani, President of Sanitary Service advised he had serne fliers which were received to late for the bills to be sent out to the residents for collection of toxic waste for May 19, 1990. He was seeking ways to get these to the residents and corrmercial acconnts. Chief Police: The 15th of May has been announced by Congress as Police Msnorial Day, the week of May 15th is Police Officer Week, in recogonition of Police Officers who have died in the line of duty they are reconmending that Police Deparbnents throughout the United States fly their flags at half mast on May 15th..and that all Police Officers wear a black clock on their badges, I would like per:mission to fly the flag at City Hall at half mast on May 15th: The Motion was made by Myers and seconded by Tolsma that we fly the flag at City Hall at half mast on May 15th in honor of all the Police Officers who have died in the line of duty: Motion Carried: All Yea: Mayor Kingsford: I have a letter frcm Frontier School from Doug Rutan asking City Conncil to think about items for the time capsule, that will go in under the gazebo, what we would like to see in there. Mayor Kingsford read the letter. Giesler: Armonnced the ground had been broke for the Centennial Gabzo. Being no further business to ccme before the Conncil the Motion was made by Myers and seconded by Yerrington to adjourn at 9:00 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PRcx:::EEDINGS) MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE # 10 ATI'EST: Mayor Council P & z Members Atty, Eng, Fire Police, Gass, Stuart Ward, Hallett, Bldg. Dept. Statesman, Valley News ACED, NIMD, CDH, ACC SIRD . FILE: (4) Mail (4) APPROVED : ~,J::~J