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HomeMy WebLinkAbout1993 11-16 MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 16, 1993 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 3, 1993: (APPROVED) 1. COMPREHENSIVE PLAN: FINDINGS OF FACT AND CONCLUSIONS OF LAW: TABLED AT NOVEMBER 3, 1993 MEETING: (TABLED UNTIL DECEMBER 7, 1993 MEETING) 2. FINAL PLAT: PIEDMONT SUBDIVISION BY ROYLANCE AND ASSOCIATES: (APPROVED) 3. FINAL PLAT: WATERBURY PARK #2 SUBDIVISION BY CAPITAL DEVELOPMENT CO.: (APPROVED) 4. FINAL PLAT: DANBURY FAIR SUBDIVISION #3 BY DENNIS M. BAKER AND ASSOCIATES: (APPROVED) 5. FINAL PLAT: CHERRY LANE VILLAGE #5 SUBDIVISION BY PAUL WHITE: (TABLED UNTIL DECEMBER 7, 1993 MEETING) 6. FINAL PLAT: LANSBURY LANE SUBDIVISION BY CHRIS D. WILLIAMS: (TABLED UNTIL DECEMBER 7, 1993 MEETING) 7. FINAL PLAT: HAVEN COVE SUBDIVISION #3 BY DAVID M. COLLINS: (TABLED UNTIL DECEMBER 7, 1993 MEETING) 8. MARTIN DUARTE: REQUEST FOR INTINERANT MERCHANT PERMIT TO OPERATE A HOT DOG STAND: (APPROVED) 9. DEPARTMENT REPORTS: WAYNE FORREY, PLANNING DIRECTOR: A. UPDATE ON MAWS ADDITION LANDSCAPING: B. UPDATE ON WATER/SEWER UTILITY RATE ADJUSTMENTS: (WORKSHOP ON NOVEMBER 23, 1993 AT 6:00 P.M.) C. UPDATE ON CHATEAU MEADOWS #8 DRAINAGE: D. BESTWESTERN CONCRETE - PERMIT ISSUED E. REWRITE ORDINANCE - LIGHT INDUSTRIAL AND MOTOR HOME AND TRAILER PARKING F. IDAHO ATHLETIC CLUB - SCREENING WINDOWS G. GARY SMITH - PATHWAY AGREEMENT WITH ITD FOR 1994 (APPROVED) H. MAX YERRINGTON - CONTRACTS FOR BUILDING, ELECTRICAL, AND PLUMBING INSPECTORS: (APPROVED) I. MAX YERRINGTON - WWT AWARD J. MECAHNICAL CODE ORDINANCE: (APPROVED) K. BOB CORRIE - ACHD IMPACT FEE FOR COMMERCIAL: (APPROVED) L. VARIANCE - ROD'S PARKSIDE: (TABLED UNTIL DECEMBER 7, 1993 MEETING) MERIDIAN CITY COUNCIL NOVEMBER 16, 1993 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Yerrington: Ron Tolsma, Bob Giesler, Bob corrie, Max others Present: will Berg, Wayne Crookston, Wayne Forrey, Don Bryon, Galen Hill, Liz Gwinl Bob Howe, Sheryl Howe, Shannon Makenin, J and Marlene Clouss, Butch Suor, Sheri Baker, Vicki Welkerl Dave Leader, Jeff Booth, Dave Roylance, Larry Sale, Gary Smith, Dan Torfin, David COllins, Bill Gordon: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 3, 1993: Kingsford: council members you've had the minutes for the November 3rd meeting are there any correction, deletions or additions? Giesler: Mayor, I move they be approved as written. Tolsma: Second Kingsford: Moved by Bob Giesler, second by Ron to approve the November 3rd minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: COMPREHENSIVE PLAN: FINDINGS OF FACT AND CONCLUSIONS OF LAW: TABLED AT NOVEMBER 3, 1993 MEETING: Kingsford: please. Mr. Forrey, would you make a presentation on that Forrey: Thank you Mayor, members of the Council, excuse my voice I'm nursing a cold. Last Friday morning I did meet with Commissioner Vern Bisterfeldt, John Priester the Ada County Engineer I and planning staff of Ada County and we reviewed our status of the Meridian Comprehensive Plan and the proposed impact area and the adjustments on the Comprehensive planning map, its here in the Council Chambers. My intent was to have an indication for all 3 commissioners on their feeling of our Comprehensive Plan update but because we just had the one commissioner I would ask that you table any action on the Comprehensive Plan until the next meeting that would be I think December 7, to give us time to present a written proposal to all 3 commissioner I think it will be difficult to get all 3 together here at City Hall. So I'd like to just prepare a written summary proposal of the Comprehensive Plan impact area, submit that to the Commissioners and ask them to respond back to the city in writing prior to your next City Council Meeting. I hope we can get an answer from them by that time Mayor. Meridian city council November 16, 1993 Page 2 Kingsford: Any questions from the Council for Mr. Forrey? Corrie: Mr. Mayor, how was Vern's feelings on your proposal? Forrey: Posi ti ve, and your suggestions Councilman Corrie were received well by all there, their staff and the Commissioner, but unfortunately the other 2 commissioners were not present. Corrie: Thank you Mr. Mayor Kingsford: Any other questions form the Council? Forrey: Thank you Mayor Kingsford: What is the Council's pleasure? Yerrington: I move we table this issue until our first meeting in December. Giesler: Second Kingsford: Moved by Max second by Bob Geisler to table the Comprehensive Plan until the December 7th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 2 : FINAL PLAT: ASSOCIATES: PIEDMONT SUBDIVISION BY ROYLANCE AND Kingsford: Does the Council have any questions for staff or for their engineers on Piedmont Subdivision? Tolsma: The Fire Chief had a comment on Lot 7 - Block 3 he says need to kept clean of trash and weeds and a turn around on State street, they'll need (inaUdible) Kingsford: Dave, would you like to come forward and address that please. Roylance: Do I need to be sworn? Kingsford: No Roylance: Okay, I didn't hear the question. Tolsma: The Fire Chief had a comment on there that said that the Meridian City Council November 16, 1993 Page 3 landscape lot, lot 7-block 3, they would need a turn around into that end of town on state street. Roylance: I guess I still don't understand the concern. Kingsford: There are 2 different issues, first off the lot 7 - block 3 saying it will need to be kept clear of trash not be a fire hazard. You need to have some provision to deal with that. Second thing the Fire Chief is talking about is there needs to be a turn around on state street. Tolsma: On the end down here. Roylance: We can deal with both of those issues. corrie: Mr. Mayor, Mr. Forrey's comments it said the Homeowners Association be created in the subdivision before its covenants, and the landscape lot #7, are you going to have that in the Homeowner Association with this. Roylance: To take care of the lot, yes we are. Corrie: So is it a mandatory Homeowners Association? Roylance: Yes, I think it would have to be. Kingsford: Is that spelled out in the covenants, Dave? Roylance: I don't think it is at this time, you can make that a condition of approval, I think it needs to be addressed in my opinion that is the best way to do it, is make it a mandatory Homeowners Association and they own the lot and they maintain, and there is an assessment, that would be the way to do it. Corrie: Excuse me, one other thing, they also mention this 1400 square foot minimum house size, does this apply to this sUbdivision, I don't have my original plat here, are these minimum 1400 square foot homes and above or are you? Roylance: I don't know that we have thought about that yet, is that a requirement of the zone? Corrie: On a R-4 it is. Roylance: Yes, than I guess that's what we would have to do, I don't know that we thought that through. Apparently there is no provision to ask for relief from that if we choose to? Meridian City Council November 16, 1993 Page 4 Kingsford: Not in an R-4. Roylance: Okay, thank you. Kingsford: Any other questions of Mr. Roylance or staff? What is the Council's decision? Corrie: Mr. Mayor, I move we approve the Final Plat of Piedmont subdivision with the condition that the City staff comments all be satisfied and also the comments made by the Planning Director be complied with specifically the 1400 square foot minimum house size and also the Homeowners Association being created and forced for covenants. Kingsford: will you include the Fire Departments? Corrie: Yes, and the comments of the Fire Chief. Tolsma: Second Kingsford: Moved by Bob Corrie and second by Ron to approve the Final Plat of Piedmont subdivision conditioned upon the City staff comments being met, the required Homeowners be in the covenants, that the 1400 square foot lot size and that the Fire Chief's recommendations on those 2 issues be met all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: WATERBURY PARK #2 SUBDIVISION BY CAPITAL DEVELOPMENT CO.: Kingsford: engineer? Does Council have any questions for staff or their Corrie: Mr. Mayor, it looks like we've got a similar situation here on Waterbury Park #2, in reference to street frontage and the 1400 square foot minimum plus the landscaping and covenants, is the representati ve here to answer those and also the Fire Chief's comments. Kingsford: Is there a representative here from Waterbury or Capital? Apparently not. Tolsma: I have one question, is that street at the east end of Waterbury Park (inaudible) Meridian City Council November 16, 1993 Page 5 Kingsford: Larry I are you familiar with that? Did you hear the question? Wi th regard to the street that connects into the property, I believe there is a property between Seminich and that, did that get approved by ACHD? Sale: Mr. Mayor, members of the Council, it did get approved. We met this morning with the developer and the engineer to discuss how that might be extended and the arrangement of streets and the property. I appreciate the Council's concern on that. Tolsma: I know it was brought up at the P & z that there was no stub street out there even thought the plat does showed a stub street. Kingsford: Any other questions? Tolsma: Mr. Mayor, I would move that we approve the Final Plat of Waterbury Park subdivision #2 with the Fire Chief's comments on there about the turn around on Waterbury Dr. and the park area be kept clean. Kingsford: Is there a second? Yerrington: I'll second. Kingsford: Moved by Ron seconded by Max that the Final Plat of Waterbury Park #2 conditioned upon the comments of the Fire Chief being met, the park area to be kept clean, the City Engineer's comments being met. Corrie: Question, I think there may be a conflict if reports here, 1400 square foot minimum of the house size and the City Engineer's report has a drilling size percentage that goes down to a 1000 square foot on 3 units and then 1000, 1200, 1300, correct me if I'm, is this a conflict of 2 different reports? Kingsford: Mr. Forrey, in your letter do you show it being a R-4 and a 1400 square foot size, is that, will you address that issue? Forrey: Yes, Mr. Mayor, members of the Council I'm not familiar with the history on the approval, so I would have to ask Gary was this approved prior to the R-4 standard? smith: It is my understanding it was. Forrey: Okay, it is zoned R-4 and sometimes it is difficult to discern which R-4 standards apply in which subdivisions. Being a Meridian city council November 16, 1993 Page 6 new phase that is on the basis of my comment, the new phase of it meet current R-4 standards, I think that is the discretion of the city Council. Kingsford: Opposed? It has been moved and seconded, all those in favor? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: DANBURY FAIR SUBDIVISION #3 BY DENNIS M. BAKER AND ASSOCIATES: Kingsford: Any questions from the Council on that? Giesler: Mr. Mayor, on Gary's comments, on #2 Gary it says the temporary turn around needs to be shown as who owns this property, do we have an ownership of that property, has that question been answered? Torfin: Mr. Mayor, members of the Council that turn around is on property that the developer owns as well. Giesler: That would meet with your approval Gary? Smith: Yes sir. Kingsford: Any other questions Council? Giesler: I move that we approve the Final Plat on Danbury Fair #3 and that it meets all the staff requirements. Yerrington: Second Kingsford: Moved by Bob Geisler second by Max that we approve the Final Plat of Danbury Fair Subdivision #3 as long as it meets all of the requirements of the city staff, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #5: FINAL PLAT: CHERRY LANE VILLAGE #5 SUBDIVISION BY PAUL WHITE: Kingsford: Any questions from the Council on Cherry Lane #5? Corrie: Mr. Mayor, on Wayne, on your comments the bottom line is a condition of approval this subdivision should be re-designed to Meridian city Council November 16, 1993 Page 7 include a 10 foot access easement abutting undeveloped land for pedestrian access to schools and recreation facilities. I think that is an excellent, excellent idea. We are getting to many subdivisions that are being crossed off and kids can't go from one subdivision to another without going out into the street, so I think that is an excellent includement for approval. That is going to take a little time, I would assume. Would you think that would take time to re-design something like that? Forrey: Mr. Mayor, members of the Council, Bob Corrie, I do think that would take time, I'd like to have the School District look at this layout one more time and help the Developer locate the access. In the Cherry Lane project they anticipate an Elementary School, it could north, south, east, west at this particular phase and that would dictate maybe the access points, so I think it would be good to take another look at that and let the Developer have time to meet with the School District and pinpoint one or maybe several access points for pedestrian through the subdivision. Tolsma: One Question, you say here on Lot 1 - Block 17 which is (inaudible) Forrey: I honestly think it was just an oversight, and it seems like it is just within a few feet of 8000. It ought to be fixed on the Final Plat, just so it is noted in the file. I think we've got one that is just below the minimum. They can make some survey adjustments there. Kingsford: Any other comments or questions? corrie: Mr. Mayor, I move that we table this approval until they have a chance to meet with Wayne and the Schools to work out this 10 foot access easement, plus all the comments made by Wayne Forrey and also the city staff be met, but we are going to table it until the next time so it will have to be done anyway. Giesler: Second Kingsford: Motion has been made by Bob Corrie and seconded by Bob Gielser to table the Final Plat for Cherry Lane Village #5 until the City Planner and the School District has worked an interior 10 foot easement as well as the issue in terms of lot size, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6 : WILLIAMS: FINAL PLAT: LANSBURY LANE SUBDIVISION BY CHRIS D. Meridian City Council November 16, 1993 Page 8 Kingsford: Does the Council have any comments on that? Tolsma: Mr. Mayor, I have a comment from the NampajMeridian Irrigation District, I would like to know by what name this property is to be called? They have different names Lansbury and Lounsbury. The legal description is correct but the directions on the front of the application are not of the standard, and they requested this application to refile with one name and give a better general location of the project. Kingsford: Is there a representative of the project Lansbury Lane, Mr. Collins. Collins: applicant. David Collins of Collins Engineering representing the What was your question sir? Tolsma: Yes, I talked to Bill Hanson today he liked to know how this is going to be called. It has two different names for it and he says the general description is about 3/4 of a mile away from it. He says he liked to have a better general description on this plat and plus by which name it is going to be called. Collins: Okay, I was requested to change it to Lansbury at application to the City for Final Plat because of some mis- pronunciations taking place on the original name. Kingsford: Was that change forwarded to Nampa/Meridian Irrigation District? Collins: I think most of the correspondence with them was prior to this application for Final Plat. I've had no questions from them but certainly if they will contact me I will provide them with any information they request on the project. They already approved the sewer crossing it has been constructed and inspected by them so I think at least they are able to find the site to inspect the work being done. Tolsma: This is the letter he gave me, he says if you have any questions just call and ask for John Anderson. Collins: Yes, I have another call into him on another issue. I will address it with him when he calls me probably tomorrow. Tolsma: Any he says the clarification was that the land was east of Linder and South of Ustick, he says that is a long ways east of Linder before it hits this plot of land. Collins: Okay, that sounds like a typo in the office. Meridian City council November 16, 1993 Page 9 Tolsma: He says he'd like to get that cleared up. Collins: Okay, I will address that with him tomorrow. Kingsford: Any other questions for Mr. Collins? Giesler: Mr. Mayor, also in Mr. Forrey's recommendations of also re-designing the plat for a 10 foot easement for pedestrian access to school and recreation facilities as requested by the Meridian School District and I feel this also good recommendation. I'd like to see this possibly tabled until the next meeting so they could maybe re-design this and meet with the School District and our city Planner to work this issue out. I think it is a real good suggestion as I'd like to see that done also. corrie: Second Kingsford: Moved by Bob Giesler second by Bob corrie to table this pending a meeting between the Developer and the School District an the City Planner, discussion? Collins: We have a 20 foot path available, if that is satisfactory? Gielser: If that would meet with the satisfaction of the Kingsford: Have you discussed that with the School District, where it is located and so on? Collins: No sir, we got no request from the School District to discuss such issues. Kingsford: Are you a recipient of a copy of Dan Mabe's October 26th letter? Collins: No sir. We have a 20 foot path that goes down to the north side of the south slew, a 20 foot strip that was your sewer easement for the off site sewer construction, which Mr. Williams owns and we can simply designate that as a duel purpose easement for sewer and greenbelt access. I would assume the slew down there is going to be the primary pedestrian and bicycle access through the center of that section and we connect directly to it. Kingsford: Do you have any comments on that Mr. Forrey? Forrey: Mr. Mayor, members of the Council and Mr. Collins, I think we need to have the School District look at that easement and make Meridian City council November 16, 1993 Page 10 sure that they are satisfied. I don't recall, well I guess I recall on the plat but I don' t know how it would fit into the overall pathway plan and the School and that type of thing so I guess we need some time to , I'd like to meet with Mr. Mabe and get Dave involved and the Developer Chris Williams and lets all get an understanding of how that is going to flow and fit into the future routing of children in that section. Kingsford: Okay, the motion has been made and seconded to table until next meeting, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7: FINAL PLAT HAVEN COVE SUBDIVISION #3 BY DAVID M. COLLINS: Kingsford: Does Council have any questions or comments on that for staff or their engineer? Corrie: Mr. Mayor, I move we table this subdivision Final Plat due to the 10 foot easement also need to be developed, I recommend that they meet with the City Planner, the Schools and work that out. Yerrington: Second Kingsford: Moved and seconded, any discussion? Mr. Collins Collins: Yes sir, didn't we have in phase #2, a 20 foot path dedicated as an access down to the school through Haven Cove #2, now Haven Cove # 3 doesn I t abut anything that heads toward the school or recreation facility, that is church property, 2 different church properties, and a 5 acre tree farm, so there is really no where for a path to go out through phase #3 because its not contiguous with the south border, the master parcel, so it can't go south to pine street. Phase 3 kind of stands alone and like we went through it was either this Commission or the P & Z Commission I had an exit leading to the west out of this originally in my plan and it was pointed out that's church property, there is no reason for access over that direction. So there is really no room for a bike path there except for the one we have which is currently being used by the kids down along the Rutelage Lateral to go into the High School. It trespasses along Trekways property and down into the High School Property. Corrie: Well I'd still like you to meet with Wayne since this was part of his comment. Kingsford: Moved and seconded, all those in favor? Opposed? Meridian City Council November 16, 1993 Page 11 MOTION CARRIED: All Yea ITEM #8: MARTIN DUARTE: REQUEST FOR ITINERANT MERCHANT PERMIT TO OPERATE A HOT DOG STAND: Kingsford: Council, you have that letter in your packet, any questions or comments about that? This is the hot dog stand that there was a transfer on of I believe that person never showed so it is being transferred to Martin. He has got his approvals from Central District and his insurance all that has been filed with the City Clerk. Gielser: Mr. Mayor, I move that we approve the request of Martin Duarte for itinerant merchant permit for operating a hot dog stand. Corrie: Second Kingsford: Moved and seconded to approve the request for a itinerant merchant permit for Martin Duarte, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: DEPARTMENT REPORTS: WAYNE FORREY, PLANNING DIRECTOR: Kingsford: Mr. Forrey Forrey: Thank you Mayor I Counci I , I've got about 6 items to briefly update the Council on. First is the Maws Addition, we had a meeting last night here in the city Council Chambers at 6:00 p.m. there were 9 people in attendance it was a very good meeting with the neighbors. This was the direction that you had given to myself and the neighbors that were at last City Council meeting. They are creating a Homeowners Association which is a positive step, Mr. Gregory was not in attendance which was a disappointment, I hope everything is alright with him I haven't been able talk to him, but e had scheduled that meeting to meet his schedule. We discussed 4 alternatives to comply with the Findings of Fact and Conclusions of Law. The first was that we could ask Mr. Gregory to seek and ACHD license agreement to put landscaping in the right of way, but there is only 3 feet behind the back sidewalk and the property line, so the property owners didn't feel that was enough width to have an effective screening. The second alternative was taking the value of this landscape berm which should have been built and then getting a cash contribution to the affected properties, the neighbors rejected that because they felt someone might pocket Meridian city Council November 16, 1993 Page 12 the money and end up buying a boat or something and that would never achieve our objective of screening the subdivision which I think was good to recognize. The third alternative was asking Mr. Gregory to build a fence on the pine and Locust Grove sides of the subdivision, and they felt that was a very good suggestion, the fourth though came from the neighborhood group and its their recommendation to you that this be the pursued alternative, and that is that a landscape architect would determine the value of the berm which should have been bui 1 t and then the developer Mr. Gregory would construct a fence and if there is any value left between the cost of the fence and the cost of the landscape berm and the difference would be given to the Homeowners Association, so that group then could purchase landscape for other lots interior maybe trees for homes inside the subdivision not just those upon the outside, that seemed to be a win - win situation and that is their recommendation to the Council. If you feel that is workable I'll continue to contact Mr. Gregory, put that in writing and ask him pursue getting a value, getting a fence and working with the Homeowners Association. I think there is a few folks here tonight that may want to comment if I missed anything. Crookston: I have a question. Is the Homeowners Association in with that, because I thought part of the requirement, that had not been met? Forrey: Mr. Mayor, Mr Crookston, it is not, they are on the verge of creating an interim association. There is only about 50% occupancy in the subdivision and the neighbors got together and felt that they should just appoint an interim association board of directors and then when they get to 90 - 95% occupancy have a vote so there will be better representation. Do you know when you might have your association created? Crookston: My experience, the longer you wait and the people you have involved to get a mandatory association it is going to be more difficult the more people you have. Kingsford: I guess that's words of wisdom to your group. What is the Council's feeling? Giesler: I have one question. Would the fee of the architect be come out of that fee also? Forrey: My feeling is that Mr. Gregory has provide that service, I mean not himself but he's got to get a landscape architect to make that determination what the value is and the city needs to evaluate that to make sure it is an honest, true, fair value. Meridian city Council November 16, 1993 Page 13 Giesler: Mr. Mayor I move that we instruct Wayne to meet with Mr. Gregory to see if this will in fact work with him also to go ahead and pursue that request. Tolsma: Second Kingsford: Moved by Bob Giesler and second by Ron to have Wayne Forrey, City Planner work with Mr. Gregory to pursue the desired alternative by the Homeowners Group, all those in favor? Opposed? MOTION CARRIED: All Yea Forrey: Thank you Mayor, the next item briefly is the update and adjustments to the current water/sewer utility rates in the City. I prepared an analysis of the rates and I'd like to ask you for a work session possibly next Tuesday evening with the Mayor and Council, and City staff to walk through the rates and look at that possible adjustments and to get Council input. And then proceed maybe in the first meeting in December to start to take action on the utility adjustments, to implement that by the first of the year. We could have it another night too Mayor, whatever the pleasure. Kingsford: When Mr. Forrey and I discussed this the other day when he concluded those preliminary findings, I suggested maybe a Tuesday as one at least I set aside and I thought probably the Council had also generally so that might be a good place to start from, but if you have a different preference that is fine or it , could be earlier in the evening we just need to pUblish for it. Corrie: I have a conflict that night. Kingsford: Is Wednesday better? Corrie: Well, Wednesday would be better for me, but just because of the Tuesday night conflict is all. Kingsford: Okay, what time in the evening would you like to meet? Giesler: The earlier the better. Kingsford: guys? will wants to meet at 6:00 lS that alright for you Giesler: That's alright with me. Kingsford: You have to take care of getting notice out on that, pUblic notice. Meridian City Council November 16, 1993 Page 14 Giesler: Notice to us also. Crookston: What is the day, is it the 23rd? Kingsford: It will be the 23rd, a Tuesday. Forrey: Just a couple quick updates, Bestwestern Concrete, they have complied the approaches have been constructed, I'Ve submitted the letter, they have their Zoning Certificate, I haven't checked with Daunt to see if they have the Occupancy Permit but it is taken care of. I appreciate your help and support in all of that. At the last Council meeting we talked about 2 things the Council wanted considered in the Zoning and Subdivision rewrite/update and that was the Light Industrial, I noted that and am going to be making those changes in Council meetings ahead of us we're going to be looking at some changes to that and also last week we talked about motor homes and trailers out in the street and that will be included and I would appreciate your input on language in the subdi vision ordinance pertaining to vehicles in the street or backyards. I know there have been some complaints in the past. The Idaho Athletic Club, the lady Gwin, I can't remember her last name, she was here last week about looking sown into the rear yards. I did contact the architect of the building who represents the Wardle family the owners. He agrees that there needs to be a screen or some type of a blind barrier, but he wants it on the inside by not movable. He is willing to have the property owners invited up to make sure and satisfy themselves that you cannot look down just out into the horizon. I have not talked to Mr. Wardle and I will but at least I think its moving in the right direction, I've contacted the affected property owners and they are anxiously waiting to see something done. The last thing is Chateau Meadows #8, at the last Council meeting we decided that a revised letter should go to the developer Mr. Blaser. The following day I did that I gave him a deadline of December 1 to have all 6 properties solved to retain a geotechnical engineer to design a solution and construct the solution. I've since talked to the developer and asked him to please start the first project with Mr. Butch Suor's property because at the last Council meeting he indicated he still had water in his crawl space. Today I spoke with Mr. Blaser again although he has not responded to me in writing as I had asked him to do but he did on the telephone indicate that he was in the process of hiring 2 gentlemen to dig and try and solve this problem and he would start with the Butch Suor property. I've asked for that in writing I don't have it at this point but at least I guess I can report to you I think it is moving in the right direction. And I think there are some property owners here tonight that may want to address the Council. That is the status on Chateau #8, I'd be happy to answer any questions. Meridian City Council November 16, 1993 Page 15 Giesler: Mr. Mayor, does that seem like December 1st is a good date for Mr. Blaser to have that completed? It doesn't look like to much time. Forrey: It is just 2 weeks, we discussed that today and I told him I would hold firm if that was the Council's feeling that December 1 should be adequate time if he gets in and gets working, but he hasn't started I think Mr. Suor is here, he can attest to the fact that nothing has been done. So now it is down to a 2 week time period. Kingsford: Any other questions Council. Mr. Suor Suor: Mr. Mayor, members of the Council, thank you for your tabling of Haven Cove subdivision, what we need as homeowners is something bondable something in concrete, I was all prepared if this subdivision got approved Haven Cove that the City of Meridian would be receiving some correspondence from my attorney. I'm still in that position if I don't find something that I can bite on next week, because all I contacted and talked with Leon Blaser back in August, his answer was that he wasn't going to fix it, that I could sue him. Okay, we have written 2 letters, he has not responded in writing or any commitment to substantiate his position, phone calls don't get it. WE need some action and we need some action now. And again my thanks to the Council and I would like to see, the only lever that I can see is that any project of Dave Collins and Leon Blaser bring before the Council I would like to see it tabled until we get this first matter down the road, because that is the only lever that we have I can see to make him perform. Thank you. Kingsford: Anything else Mr. Forrey? Mr. Smith, excuse me do you have something to say on this issue? Makinen: I'm Shannon Makinen I'm a homeowner in Chateau Meadows, we would just like to know what will happen if by December 1 Mr. Blaser has not complied with the letter, what will the City of Meridian plan to do? Kingsford: Will you address that Counselor what our options might be. Crookston: I don't think it is at this time, I really haven't looked at what responses or requirements the City has, I'm not sure the City has any obligation in this, so I don't think that we can necessarily respond at this time to that question. Meridian City Council November 16, 1993 Page 16 Kingsford: I think though the Council's input is to move forward and make him perform. Suor: Mr. Mayor, Council, Mr. Crookston I feel I'm, in my situation, that the City of Meridian has a responsibility to me, because my property was red tagged at one time. Now if you want to see me in court I can fix you up by tomorrow. Kingsford: Well, lets Butch, we're going to take the steps that we need to take to make this right, and if you need to sue us then you go ahead and quite bluffing, do what you have got to do, but I'm tired of hearing you threaten. Suor: You got it. Kingsford: Mr. Smith Smith: Mr. Mayor, Council members, we have a project through the congestion mitigation air quality program for development of a pathway project along Five Mile Creek from Linder Road to Meridian Road and we are on schedule for construction in 1994 and recently ITD has transmitted to me an agreement, a State and Local agreement that needs to be executed by the City of Meridian to initiate the project with lTD. Mayor Kingsford received this to my attention and asked me to present is to the Council. There is a $2000.00 amount that the ITD people have requested, and this is to allow them to do some inial work which this agreement is part of that to get this project started and they will provide certain things for this dollar amount and then we are to do the design work and the, I don't recall what our match is Wayne is it 80%? (End of Tape) And the grant funds provide 80% of the cost. This is a very kind of a short time table on this project,so we are going to have to push it through with our own staff as far as design goes. WE don't have time to solicit a consultant to prepare the plans and get the, so we can obligate the funds for construction wi thin this time period. So we are going to have to use our forces and move forward. Anyway this inial request for $2000.00 from ITD is for the State/Local agreement and I believe the Mayor needs to sign this. Tolsma: Mr. Forrey was going to do the design of the Tulley park before we got onto this pathway situation so we know where we are at, what we have to do for leveling the ground, where the fences got to go along the drain over there, he's been working on this water/sewer rate adjustment procedure so he a little behind on this. We're trying to get that project, so we can put this in as a unit. Meridian City council November 16, 1993 Page 17 Smith: Yes, that is very important, Councilman, it very much is. We have to have a plan for the park so it all fits together and we don't have to redo something. I don't want to have to do that, but this is a very good opportunity for us to improve that portion of the park with some grant funds and I think it will be well used in light of all the development activity that is going on in that area along with the real dire need of some additional park area. So it will be a good connecting link. Kingsford: The Council needs to approve me signing that if that is your pleasure. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Gielser second by Bob Corrie to authorize the Mayor to sign the contract with ITD on mitigation State/Local agreement, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council members. Kingsford: Chief do you have anything? Gordon: No Mr. Mayor Kingsford: Mr. Crookston Crookston: Nothing Kingsford: Mr. Yerrington Yerrington: Yes, I have 2 things. First we have agreements for the Mayor and the city Clerk to sign. It is the services of the Building Inspector, Electrical Inspector and the Plumbing Inspector. These have been down sized a little bit from previous years and these are already to go and to be signed by all parties and I'd like to move for their approval at this time. Tolsma: Second Kingsford: Moved by Max second by Ron to approve the contracts for the coming year for the Building, Electrical and Plumbing Inspectors, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian city council November 16, 1993 Page 18 Yerrington: Item #2, our Sewer superintendent and myself received this beautiful award last Monday in Seattle, and it's for the Sewer plant being #1 in cities of our size. In other words there, its for District #10 and there were 3 awards given to the large cities, medium cities and ourself. We are number 1 for 4 states and I'd like to present this to the Mayor and put it back on your desk. Kingsford: That is too nice for the Sewer Plant, which by the way for the audience we get a plaque that says we are #1 for 4 states, cities of our size and then the permit says we've got to update the plant to the tune of a half million dollars, Merry Christmas to all, Federal Government. Anything else Mr. Yerrington? Yerrington: That's it. Kingsford: Did you want to bring up the Mechanical Inspector? Yerrington: No, I don't have the paperwork with me. Kingsford: I think what we have to Engineer, if that is your desire Inspector business, to have him draw Uniform Code. do there is direct the City to go into the Mechanical up an Ordinance adopting the Yerrington: I so move, can I make that motion? Kingsford: Is there a second? Tolsma: Second Kingsford: Moved by Max second by Ron to have the City Engineer draw up the Ordinance adopting the Uniform Mechanical Code, all those in favor? Opposed? Crookston: Gary says he wants me to do it. Kingsford: Didn't I say that, it was a long day, let's have the city Attorney draw up that Ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Mr. Yerrington? Yerrington: That is it. Kingsford: Mr. Giesler Giesler: Nothing tonight. Meridian city council November 16, 1993 Page 19 Kingsford: Mr. Corrie Corrie: Yes Mr. Mayor, members of the Council the Mayor and I had a meeting the other day in reference to the rapid growth of Meridian. The last figure I had was at a breakfast in Boise and the Chamber of commerce and there was an 82% increase in home building in Meridian. WE discussed the possibility that such the rapid growth of Meridian homes that the ratio of commercial to residential was way out of proportion and perhaps one of the reasons for that is the Ada County Highway District Impact Fee, that we are 1.5 times higher Impact Fee than Boise is, so consequently the is a deterrent for companies to build commercial in Meridian over Boise. They asked if I would work on it, draft a letter that would go to the Ada County Commissioner and perhaps get a meeting with them and stating where we would like to see them to either to change this 1.5% more back to a level where we are the same as Boise or if they want to delete any commercial Impact Fees, so before I work on this letter and the Mayor has done a great job trying to get their attention on this but I though maybe if we had the Mayor and all the members of the Council sign the letter we might have a little better impact. I would like to get some input, do you, how do you want me to draft this letter, do you want to try to get this as the same level as Boise as far as commercial or have it dropped or have both or what is the pleasure of the Council? I'm kind of laying this on you, we didn't know about it but I would like to get the letter. Kingsford: Let me give you a brief history about that. When we had the advisory committee to I think Chuck Winders comments was to lend credibility to the Highway District, Ada County Mayors and County Commissioners and President of Boise state University at that time. I think we all at those meetings said that it would probably be appropriate to have Impact Fees for the Highway District, but through that entire process I said they need to be fair, moderate fair and we all be treated the same. When those were adopted, they were adopted off a Texas model. I think made some assumptions that are not particularly correct in Ada County, and through that whole process I've been repeatedly been told well we'll rework them once they are in place. I think most recently we have been told by Larry that we can deal on case by case basis, when you do that you don't get many people considering us. I think that we really need to get a one for one relationship with commercial/industrial housing in Meridian. I think it is absurd to say that a Circle K in Meridian generates more Impact on the Highway District than a Circle K does in Boise. People in a given area drive to it they done drive from Meridian to Boise to go to a Circle K or vice versa, and that is true of most of the endeavors, so I think it would be appropriate if we draw that to the attention Meridian City Council November 16, 1993 Page 20 of the 3 commissioners, and ask to sit down and discuss that. Just a point of clarification we don' t pay 1.5 times, Boise pays basically a rate 1 we pay 1.5 and there is a substantial difference in the price of those fees. Corrie: I think if we keep going we'll get it 1 to 1, I certainly would like to see that. Kingsford: Anything else? Sale: Mr. Mayor, if I could comment just a little? For the record I'm Larry Sale of Ada County Highway District, I would encourage the City to write the letter, I had told you in good faith that we would be addressing that in this calendar year, and that is about gone, I'm not going to be able to address it. I thought it was in APA's work program for this year, it is essentially a measurement of the amount of traffic that moves over the roads from one part of the county to another, and I was under the impression that was to be done by Ada Planning Association this year and apparently its not, so I think your point is well made, make the request and that will. It is a funny thing about things in writing than can get more attention than those no in writing. I appreciate the concern of the City and I think that we will make some attempt to reevaluate the formula. Corrie: Thank you Larry, that's all Mr. Mayor. Kingsford: Mr. Tolsma, that is on my agenda, you guys we had a variance request at Rod's Parkside, Mr. Riddlemoser is not here this evening, subsequent to that we've had, I've had 3 letter, Council received those letters. Mr. Tolsma has done some research with the Irrigation District, I'Ve looked into the hydrology of water going through various sized pipes and so on. When we originally passed our current Ordinance that requires all canals and ditches to be piped, I think it was our intent that they be of a particular size. We chose though to call them natural waterways assuming that some of the large canals were natural waterways. when that was broached with the Irrigation District we were advised that there are no natural waterways in the City of Meridian. So I think first off it is appropriate that the Council have to table that until the next meeting because we haven't made a decision, I think we really need to take a look at addressing the piping issue. I'm not sure but what we need to return to safety if we require pipes over 4 feet, the grates have to be fairly wide for water to go through, are they plugged and we flood and have liability, if the grates are really wide we are going to pull kids through there 8 years of age and under I'm afraid. I think you had some comments since you talked to Irrigation District, you might pass on to. Meridian City Council November 16, 1993 Page 21 Tolsma: I talked to Mr. Bill Henson today and that is basically what he said, when we get over 48 inch that the openings of the grate have to be of such a diameter that a fairly good sized kid of maybe 5, 6, 7 years old can get pulled through the grates because they can't narrow the grates up to keep the trash out they have to be able to flow and the bigger the pipe the bigger the grates have to be so the larger material can go through without plugging up. If they plug up they flood, his recommendation, he said he'd like to see everything tiled that would be the ultimate, but he says the cost worth liability factor is when you get above 48 inch, when you are trying to keep small kids from going into the pipe they are going to get sucked through the grills, or they will get ground up against the grill just from the pressure of the water. He said that his recommendation, what he would like to see is a minimum 6 foot chain length fence along side the right of way on the larger canals and pipe everything up to it including 48 inch is their recommendation and then a 6 foot chain link fence that seals the canal off of said subdivision and he said he doesn't recommend wood because they will do in there and burn their ditch banks and when they do the wood fences catch on fire, he says that is not the responsibility if they want to put wood fences up along side of the chain link that is their prerogative, they want steel fences that won't burn. That is basically what he said, he said 99% of the ditches in Ada County will be on 40 inch tile in the City of Meridian, we only have to the Eight Mile Lateral and the Ridenbaugh that he says will probably be over the 40 inch and maybe one other one but he couldn't think of the name of if, one on the northeast corner of Settlers, but 99% of canals will be going to 40 inch pipe or less, but when you get above the 48 inch you can't put a grill size small enough to keep small children from getting in the pipe. On some of these pipes, the pipes are going to be completely full of water and they are going to drown going through the pipe. The plugging factor is more a hazard on the bigger tiles than it is the smaller tiles because the fact the grills have to be larger to let the debris go through. Kingsford: I think Mr. Johnson makes a good point in his letter too, in the velocity of the water is such that you can make sure that the ditch banks are grade that anyone could get out of, its a good thin to consider in an Ordinance, too. At any rate, I think we need to approve a motion to table that at the next meeting the Variance for Rod's Parkside. Tolsma: So moved Giesler: Second Kingsford: Moved by Ron second by Bob Giesler to table it until Meridian City Council November 16, 1993 Page 22 next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Will Berg Berg: Nothing Kingsford: Entertain a motion? Giesler: So moved Corrie: Second Kingsford: Opposed? Moved and seconded to adjourn all those in favor? MOTION CARRIED: All Yea Meeting Adjourned at 8:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: Jdtt--:.;/:! ~/~ WILLIAM G. BERG, JR., CITY CLERK