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HomeMy WebLinkAbout1991 04-02 AGE N D A MERIDIAN CITY COUNCIL APRIL 2, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1991: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR VACATION OF WALKWAY EASEMENT BY STEIN & PAMELA WOOD IN SETTLERS VILLAGE: (APPROVED) 2: ORDINANCE # 548: ORDINANCE VACATING WALKWAY EASEMENT IF ITEM #1 APPROVED: (APPROVED) 3: REQUEST FOR RECONSIDERATION OF PREVIOUS ACTION REGARDING ZONING ON LINDA ARNOLD PROPERTY (PINE COVE SUBDIVISION) ON WEST PINE: (APPROVED) 4: PUBLIC HEARING: REQUEST FOR VARIANCES MERIDIAN GREENS # 2 BY GLENCO INC: (FINDINGS TO BE PREPARED) 5: FINAL PLAT: MISTY MEADOWS *2: (APPROVED) 6: FINAL PLAT: CHATEAU MEADOWS # 3: (APPROVED) 7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 8: APPROVE PAYMENT OF THE BILLS: (APPROVED) 9: 2010 TRANSPORATION PLAN & FUNCTIONAL STREET CLASSIFICATION MAP: (APPROVED) 10: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL APRIL 2, 1991 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: Others Present: Gary Smith, Wayne Crookston, Bill Gordon, Earl Ward, Jim Johnson, Moe Alidjani, Les Schild, Norm Fuller, Chuck Fuller, Linda Arnold, Don Hubble, Stein & Pamela Wood, Kevin Jones, K. Buemeler, Rick Orton: MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1991: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held March 19, 1991 as written: Motion Carried: All Yea: ITEM U: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR VACATION OF WALKWAY EASEMENT BY STEIN & PAMELA WOOD IN SETTLERS VILLAGE: Kingsford: Council Members you have had those findings, are there any questions or comments. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for the vacation request of walkway easement by Stein & Pamela Wood in in Settlers Village. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yeaj Motion Carried: All Yea: ITEM *2: ORDINANCE *548: ORDINANCE VACATING WALKWAY EASEMENT IF ITEM #l APPROVED: Kingsford: AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A IS FOOT WIDE ACCESS AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND THE 2~ FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF SAID SUBDIVISION AND IN NOTE 2 ON LOT 7, BLOCK I, BOTH EASEMENTS BEING ON LOT 7, BLOCK 1, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #548 read in its entirety? There was no response. The Motion was made by Giesler 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 #548 be passed and approved. Motion Carried: All Yea: ITEM #3: REQUEST FOR RECONSIDERATION OF PREVIOUS ACTION REGARDING ZONING ON LINDA ARNOLD PROPERTY (PINE COVE SUBDIVISION) ON WEST PINE: MERIDIAN CITY COUNCIL APRIL 2, 1991 PAGE 2 Kingsford: Mr. Orton and I visited on the telephone last week about the possibility of going ahead and reconsidering having the entire portion be R-8 with restrictions that I think meet the concerns of the Council. Mr. Orton if you'd like to come forward and make a comment. Rick Orton: With that explanation from the Mayor and the letter that you have in front of you I think this is pretty self explanatory. After the last meeting my client Ms. Arnold had a meeting with her marketing representative and it occurred to me after that meeting that they were advising her to do the same that the Council was more or less directing her to do with the way that they had made the previous motion. That is the development shouldn't contain any rental or attached housing and that the development should probably have a cap in the neighborhood of 210 units and to satisfy the market mix as they see it in Meridian the development should have a combination of six to eight thousand square foot lots distributed throughout it. If the Council were to reconsider their motion and allow R-8 throughout the subdivision with these stipulations as Ms. Arnold has put it in her letter I believe both of our needs could be satisfied. I'm here to answer questions if there are any if there aren't I would ask that the Council to vote in favor of the last motion make a motion to reconsider it. Giesler: There was a remark on her letter saying that ACHD plans to overlay Pine Street this summer, wasn't that just done? Kingsford: They just did it to Linder, they plan to overlay from Linder to Ten Mile this summer. Kingsford: For your information I think that the 210 represents 4.l units per acre which is slightly higher than R-4 zone would have allowed. Tolsma: The rest of the project will still be the same as you originally layed out. Orton: Yes, if you were to grant this request reconsider your motion then the whole development would be a mixture of 6,7 & 8 thousand square foot lots with no attached housing, no rental units and we also agreed to a stipulation that our minimum house size would be 1100 square feet. Kingsford: Your concept plan same as before. Orton: Based on the concept plan that has been put in front of you about all that would change of any significance in the layout would be that the dashed lines which previously denoted attached housing or rental would disappear. The mixture of lots, there would still be some six thousand and there would be some larger eight thousands and a distibution in between we don't think that the road plan would change significantly and certainly the green zones and up and road right of ways there is no call for that to change. The Motion was made by Tolsma and seconded by Giesler to reconsider the zoning on the Linda Arnold property on West Pine as stipulated in her letter. Motion Carried: All Yea: Kingsford: The next item would be to approve of Ordinance #549. AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION II, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN CITY COUNCIL MARCH 2, 1991 PAGE #3 Kingsford: Is there anyone who wishes Ordinance *549 read in it's entirety. No response. The Motion was made by Myers and seconded by Yerrington 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 *549 be passed and approved. Roll Call Vote: Yerrington - Yea~ Giesler - Yea; Tolsma - Yea; Myers - Yea: Motion Carried: All Yea: ITEM *4: PUBLIC HEARING: REQUEST FOR VARIANCES MERIDIAN GREENS #2 BY GLENCO INC.: Yerrington: I have a conflict of interest I will be stepping down. Kingsford: I will open the Public Hearing on the variance request for Meridian Greens *2 by Glenco Inc.. The variance includes three issues, the street lighting, the block length of a culdesac and the irrigation. After having a discussion with the developer we are going to stay with the irrigation as it was. Don Hubble, Hubble Engineering, 3952 Daisy Way, was sworn by the attorney. Hubble: In regards to the culdesac length we are asking for a variance for that in amount of approximately 70 feet. We are asking for one that is 520 to 530 and we are willing to install the appropriate fire hydrants in order to meet the fire requirements. In regards to the street lights, what we propose to do with this is to install street lights at the street intersections. Kingsford: And you are going to require that the yard lights still be on. Hubble: Yes. Kingsford: Anyone else to testify on this issue, hearing no response I will close the Public Hearing. Giesler: The yard lights would be on photo cell, correct? Kingsford: Yes. To update the Council Bob and Ron and I had a meeting with the Fullers last week and discussed the irrigation issue. We came up with a proposal that during the times of the year that there is not irrigation water but yet they want to irrigate that we would charge that system with City water. The Motion was made by Tolsma and seconded by Myers to have the attorney prepare Findings of Fact and Conclusions of Law on the variance request by Glenco. Motion Carried: All Yea: DISCUSSION HELD ON ROADWAYS IN MERIDIAN GREENS: Giesler: It would be my preference to see that highway go on through to Mesa Way. I feel that the time to do it is right now. ACHD says that they will fix that highway up this summer and I feel that now is the appropriate time. Tolsma: I agree with Bob. We should let it go through. MERIDIAN CITY COUNCIL APRIL 2, 1991 PAGE N Giesler: If we dead end it at this time I don't know who will ever pick it up later on. Myers: This is a good time to do it and I think it needs to be done. Cafferty: What happened to the original recommendation that ACHD made that they find an easement to the west of the Meridian Kuna Highway. Kingsford: It's easy to make a recommendation but if there is no place to get it, you don't own the property, it's almost impossible to obtain. Cafferty: Why hasn't Ada County been present at one of these meetings? Kingsford: I guess it's not their policy to attend our meetings. My sympathy goes out to you guys and I do realize that you are in the county and would like to stay that way but as things grow things change. The Highway District is going to blade overlay it. Les Schild: Pave that road now. Kingsford: Norm is saying that it might be realistically three years before that's paved. ITEM *5: FINAL PLAT: MISTY MEADOWS *2: Myers: I assume that all these things have been taken care of. Eng. Smith: They haven't resubmitted the water and sewer plans again. The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Misty Meadows #2 subject to Engineer's approval of water and sewer plan. Motion Carried: All Yea: ITEM *6: FINAL PLAT: CHATEAU MEADOWS *3: Eng. Smith: I heard from the developers engineer today and he said that the highway district will be acting on this 40 ft. right of way requirement or request on the short section of E. Greenmeadow Drive or Court, he is wanting to reduce that from a 50 ft. right of way to a 40 ft. right of way for that culdesac. According to what he told me the Highway District has that item on their consent agenda for next Thursday. I assume that consent agenda is approval although he didn't say. The Motion was made by Myers and seconded by Giesler to approve the final plat for Chateau Meadows #3 subject to ACHD's approval. Motion Carried: All Yea: MERIDIAN CITY COUNCIL APRIL 2, 1991 PAGE *5 ITEM *7: 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-DETERMINATION HEARING AT 7:30 P.M. 4/2/9l 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, AND TRASH BILL IS DELINQUENT. YOU MAY RETAIL COUNSEL. THIS SERVICE WILL BE DISCONTINUED 4/l7/91 UNLESS PAID IN FULL. Is there anyone from the public who wishes to contest their water,sewer,trash delinquency? 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 Yerrington and seconded by Giesler to approve of the turn off list. Motion Carried: All Yea: Kingsford: The amount of the turn off list this month is $lO,534.05. ITEM *8: APPROVE PAYMENT OF THE BILLS: The Motion was made by Tolsma and seconded by Myers to approve the bills. Motion Carried: All Yea: ITEM #9: 2010 TRANSPORTATION PLAN & FUNCTIONAL STREET CLASSIFICATION MAP: Eng. Smith: I might make a comment that the functional classification map had been approved by the Council previously and Mayor Kingsford signed that and I had taken it to the County Commissioners who signed it and I had taken it to the Highway District who would not sign it because the highway district wanted the sub-standard roadways shown. So that has been done so the map is in the process of going back through for signatures again. The Motion was made by Myers and seconded by Giesler to authorize the Mayor to sign the 2010 Transportation Plan & Functional Street Classification Map. Motion Carried: All Yea: Eng. Smith: April 10, 1991 the Meridian Transportation Task Force Committee will meet in the evening, this is our annual meeting. If you have any concerns or things that you would like to see done to our transportation system to let me know or Walt Morrow is the chairman. ITEM #10: DEPARTMENT REPORTS: Crookston: The deferred compensation plan was presented to the City and I was asked to review it. Explained a few concerns. (TAPE ON FILE) The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the contracts conditioned upon the satisfaction of the City Attorney. Motion Carried: All Yea: MERIDIAN CITY COUNCIL APRIL 2, 1991 PAGE *6 Moe Alidjani: We have some problem with security in our lot and also it would help us quite a bit since we have industrial zoned ground if we could get your approval to move a semi 40 ft. trailer, there is no axles on the trailer it is just a box to set next to our shop. My shop right now is 60xl00 and is setting east-west and that would go on the west side of the building right next to the building. It would be the same color as my shop building. I have talked to the Building Inspector and he has no problem as long as the Council approves. I would like to know how you feel about it. Kingsford: I have some concern about the precedence that it sets. It would be my personal position not to approve it. Myers: I think where it is going to set along the side of his shop it shouldn't be any problem. I'm not sure if you had fourteen of them sitting out there that we could go for that. Yerrington: How long of a period of time are you expecting to have this there? Alidjani: If I do it I have to do it permanently. Giesler: Aren't you in the process of adding on to your shop right now. Is this a decision that you need right now? Alidjani: No, I have a couple of weeks. Kingsford: I still have a problem. If every industrial user wants to show up - Alidjani: That is true. The Motion was made by Tolsma and seconded by Yerrington to table until next meeting. Motion Carried: 3 - Yea; l- Opposed: Myers: I would just like to report that the Meridian Optimist Club had a very successful Easter Egg Hunt and we would like to thank the Chief of Police for bringing a police car out to start the festivities and also Bill Allen from the Fire Department brought a fire truck out. The Motion was made by Tolsma and seconded by Giesler to go into executive session at 8:20 P.M. to consider pending litigation. Motion Carried: All Yea: Kingsford: Meeting called back to order at 8:45 P.M.: Executive Session we heard from the City Attorney with regard to the Tammy Perkins issue. The Motion was made by Myers and seconded by Tolsma to adjourn at 8:46 P.M.: Motion Carried: All Yea: . , MERIDIAN CITY COUNCIL APRIL 2, 1991 PAGE n (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: ~Q~ (lNAAA-~ JqCKlsII-EMANN, /CITY CLERK J / pc: Mayor & Council, P & Z Members, Atty. City Eng., Bldg., Police, Ward, Stuart, Gass, Hallett, Valley News, Statesman, ACHD, NMID, CDH, Settlers FILE (5) MAIL (5)