Loading...
HomeMy WebLinkAbout1991 12-17 AGENDA MERIDIAN CITY COUNCIL DECEMBER 17, 1991 ITEM: MINUTES OF THE PREVIOUS MEEI'ING HELD DECEMBER 3, 1991: (APPROVED) 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR DAY CARE BY MARLA WEST: (APPROVED) 2: PUBLIC HEARING: REZONE REQUEST BY SAM ZENOR: (APPROVED) 3: PUBLIC HEARING: PRELIMINARY & FINAL PLAT W/VARIANCE ON FIELD OF DREAMS SUBDIVISION: (APPROVED WITHOUT VARIANCE) 4: COVENANTS ON FIELD OF DREAMS SUBDIVISION: (APPROVED) 5: REQUEST BY DUNCAN GRANDIN 'IO PLACE MANUFACI'URED HOUSE AT 318 E. PINE: (TABLED) 6: REQUEST BY ROD I S CONSTRUCI'ION TO REIOCATE TEMPORARY OFFICE IN GLENNFIEID MANOR # 8: (APPROVED) 7: GEORGE WAGNER, JUB ENGINEERS: UPDATE ON SEWER FACILITY PLAN": (DISCUSSION) 8: WAYNE FORREY: UPDATE ON JX)WNT()WN LID # 90-l: (NOT IN ATTENDANCE) 9; AMENDED RESOLUTION # 141: (APPROVED) lO: AMENDED ORDINANCE # 561: (APPROVED) 11: APPROVE PLAT ON ROSEBUD SUBDIVISION: (APPROVED) 12: DEPARI'MENT REPORI'S: MERIDIAN CITY COUNCIL DECEMBER 17. 1991 The Regular meeting of the Meridian City Council was called to order at 7:30 P.M. by Mayor Grant P. Kingsford. Members Present: Myers: Ron Tolsma, Bob Giesler, Max Yerrington, Bert Others Present: George O'Connor, Don Bryan, Bob Belveal, Valerie Davidson, Kevin A. Jones, Sam Zenor, George Wagner, Gary Smith, Bill Gordon, Wayne Crookston, Duncan Grandin, Frank Eld: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 3, 1991: The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting as written: Motion Carried: All Yea: Kingsford: tonight. I'd like to welcome Troop #82 Boy Scouts with us ITEM #1: PUBLIC HEARING: DAY CARE FOR MARLA WEST: REQUEST FOR CONDITIONAL USE PERMIT FOR Kingsford: I will now open the public hearing. Is Marla West present or someone representing her? No response. Anyone else from the public who would like to offer testimony on this issue? No response. I will close the public hearing. I would announce that we did receive a petition at 4:55 P.M. this date containing eleven people who oppose this request. The petition speaks to additional traffic and noise at this location. Atty. Cl~ookston: entered into the the Findings. I think since the petition record there will need to be was presented and a minor change in The Motion was made by Myers and seconded by Yerrington to amend the Findings of Fact to reflect the opposition of the eleven petitioners with regard to noise and traffic. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Myel~s - Yea; Motion Carried: All Yea: The Motion was made by Myers and seconded by Yerrington to approve the Conditional Use Permit requested by Marla West. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL DECEMBER 17, 1 qq 1 PAGE 2 ITEM :>>2: PUBLIC HEARING: REZONE REQUEST BY SAM ZENOR: Kingsford: At this time I will open the Public Hearing. Sam Zenor, 2080 Turnberry, was sworn by the attorney. Zenor: I am proposing to open an All State Insurance Office at 1233 Meridian. I will be happy to answer any questions. Myers: Have you read the engineers comments and do you have any problem with that? Zenor: I have read it and have no problems. Giesler: We are going to get access for the parking off of Cherry St. that runs along the side, is that correct? Z enOl~: Yes. Kingsford~ Anyone else from the public to testify? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact and Conclusions of Law as prepared. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Myers - Yea; Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to have the attorney prepare the Rezone Ordinance. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT & FINAL PLAT W/VARIANCE ON FIELD OF DREAMS SUBDIVISION: Kingsford: At this time I will open the Public Hearing. Is there anyone present representing the developer? Pat Tealy, 479 Main Street, was sworn by the attorney. Tealy: I am here representing the applicant for this request. We have read the comments submitted by the City Engineer and have no problems with the requirements. Any questions that I can answer I'd be glad to. MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE .3 Tolsma: The irrigation water here now as we understand it is all flood irrigation out of an irrigation ditch. Tealy: That's correct. The variance is to flood irrigate these parcel rather than pressure irrigate. There are only four lots in this subdivision and to put a pressurized irrigation system in would be rather costly and there is an eMcessive of water in this irrigation system to where the people are actually getting flooded out because there isn't a proper drainage at the end of this system. By using this water it also eliminates some of these pl~obl ems. Tolsma: Did you see the comments from Nampa & Meridian Irrigation? Tealy: That's a requirement of Deerfield Manor Subdivision and it is being rectified right now. Tolsma: There will be live water to the lots? Tealy: Yes. Kin g s f Ol~d : l~l.m off? Has any provision been made for that excess water to Tealy: The flooding is downstream from this parcel. of ground we really can't remedy that situation. This parcel Myers: Have you folks talked to any of the people at the School District? They still have concerns about providing enough space for Ol.lr schools. Valerie Davidson, 1928 LeiSUre Lane, was sworn by the attorney. Davidson: In regard to Joint School District #2's request for a 5500.00 per lot fee to provide for futUre school needs and students growth we respectfully decline. We understand their desire for funds for future growth we do not however feel this request is the best approach to the situation. First the taM payers have not had a chance to vote on such an option as a development fee and secondly we contacted Meridian City and found no existing or new ordinance regarding this issue to require compliance. Thirdly we contacted a local attorney and found no legal grounds for compliance and so we fail to see the validity of such a request. MERIDIAN CITY COUNCIL DECEMBER 17, 199 1 PAGE 4 Giesler: We all realize that this is an important issue that is going to have to be resolved but I feel the City of Meridian shouldn't do anything on that until Boise and Ada County gets involved in that and the school contacts us and works something out because as of yet the school doesn't seem to get with us and sit down and work on this. I don't have a problem with this until they get with us and try to work something out. Kingsford: testimony? Anyone else from the public who would like to offer Cecil Cherry, 192& Leisure Lane! was sworn by the attorney. Cherry: I also own the lot that this between my home and this new subdivision that's coming up. The question that I have is why is my lot the only piece of property along the new road that can't be developed? Myers: Why can't that be developed? Cherry: Because they won't let me hook onto water and sewer. Eng. Smith: When we started work on the Deerfield Manor Subdivision this item came up and we originally suggested that sewer and water stubs be provided to the properties along the west side of N.l>J. 11th Street, which is the stt"eet that runs through Deerfield Manor. After further consideration it was very apparent that if we did that the properties that back up to 11th and also front onto Leisure Lane wouldn't then participate in sewer or water construction within Leisure Lane if they already had access to sewer and watel" in 11th Street. That was the reason that Mr. Cherry's property and other property to the south of him that also front Leisure will have to service off of Leisure Lane. If they have access to sewer and water on 11th then there wouldn't be any incentive for those properties to participate in the cost of installation in Leisure Lane. That would through the total burden of construction of water and sewer in Leisure Lane to the properties on the west side of Leisure Lane and I guess it was the feeling after we discussed this that that would be an activity for the people on the west side of Leisure Lane. That the extension of sewer in Leisure Lane and water if it was to be extended should be participated in by all the property owners on Leisure Lane. This property that is being developed now are the easterly portion of the property the Davidson's own and their remaining lot on which they have their house located will front Leisure Lane and will be served by sewer and water if it ever is developed in Leisure Lane. MERIDIAN CITY COUNCIL OECEttiBER 17, 1991 PAGE 5 Myers: The addresses on all these, I mean they front Leisure Lane? Eng. Smith: Yes. They all front onto Leisure Lane and they would have to be served by sewer in Leisure Lane. On the Dunten Place Subdivision we provided at the City expense we extended the sewer through or between some lots on Dunten Place toward Leisure Lane. It has a short distance to run yet and to get into that little culdesac on the end of Leisure Lane and at that point then it can be picked up by the residents in Leisure Lane at whatever time they may need sewer there. So we have made a provision to get sewer to them or at least into Leisure Lane for future connection. Cherry: Leisure Lane is a paved run and it runs down to where my home starts and that is the end of it. Explained he has been to mapping, zoning, and highway and there is no record of any road there at all. Finally they told me to go to the assessors office, that somebody had to pay taxes on that. I went there and I found out that I was paying taxes on it to the middle of the road. They call it a driveway. If I have to develop onto Leisure Lane, I have no water, no sewer, no electricity, no telephone or no gas or no road. I go to the east I've got public )~oad, public se\>Jer, public water, electricity and 1've got telephone. It seems real foolish. I can't develop to the west of me they say that it's not legal and I can't develop it. The only way I can develop is on the other and I came here before you people here and was told I had to develop onto the new road if I develop. So I can't do anything with it. If they can and I can't that's discrimination! I think I have a right to hook onto it . Kingsford: Sewer and water will be through Leisure Lane. Cherry: Not through that part. I{ingsford: side? How do you propose to sew~r the people on the west Cherry: Explained his proposal. (See tape) Kingsford: Anyone else to testify on this item? No response. I will close the public hearing. The Motion was made by Myers and seconded by Tolsma to approve the preliminary and final plat for Field of Dreams Subdivision. Discussion. (S~e tape) MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 6 The Motion was made by Myers and seconded by Yerrington to approve the preliminary and final plat without variance for Field of Dreams Subdivision. Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to have the attorney prepat~e Findings of Fact and Conclusions of Law on Field of Dreams Subdivision Variance. Motion Carried: All Yea: ITEM #4: COVENANTS ON FIELD OF DREAMS SUBDIVISION: Crookston: I have reviewed them and there needs to be a change in paragraph A#1 on the first page. It states that no lots shall be used except for home occupation - I don't think that was their intent. There is a spelling change and a word needs to be changed in paragraph 11. The Motion was made by Myers and seconded by Tolsma to approve the Covenants subject to the attorney's recommendations. Motion Carried: All Yea: ITEM #5: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOUSE AT 318 E. PINE: Kingsford: Duncan could you come up please. Grandin: Contractor hasn't showed up yet and would like to be delayed on the agenda. ITEM Db: REQUEST BY ROD'S CONSTRUCTION TO RELOCATE TEMPORARY OFFICE IN GLENNFIELD MANOR #8: The Motion was made by Myers and seconded by Gielser to approve relocation of office for 1 year. Motion Carried: All Yea: ITEM #7: GEORGE WAGNER, JUB ENGINEERS: UPDATE ON SEWER FACILITY PLAN: Not prepared will come back to this item. MERIDIAN CITY COUNCIL DECEttJBER 17, 1 ~~ 1 PAGE 7 ITEM #8: WAYNE FORREY: UPDATE ON DOWNTOWN LID #90-1: Kingsford: Mr. Forrey is not present tonight. ITEM #9: AMENDED RESOLUTION #141: Atty. Cl~OO~(ston: Explained the Amendment. (See tape) The Motion was made by Myers and seconded by Tolsma to approve of Amended Resolution #i41. Motion Carried: All Yea: ITEM #10: AMENDED ORDINANCE #561: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR AUTHORIZATION TO APPLY FOR A GRANT OF AUTHORITY TO ESTABLISH AND MAINTAIN A FOREIGN TRADE ZONE; FOR AUTHORIZATION TO ESTABLISH SUCH A ZONE UPON BEING GRANTED A FOREIGN TRADE ZONE; FOR THE ACTIVATION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTION OF THE CITY COUNCIL; REQUIRING THAT ANY FOREIGN TRADE ZONE ESTABLISHED BE OPERATED ACCORDING TO APPLICABLE LAWS, RULES AND REGULATIONS; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO ASSIGN AND DELEGATE THE DUTIES AND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, THAT THE CITY AND ANY OPERATOR OF THE ZONE MAINTAIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILL EXERCISE ITS RESPONSIBILITIES AS GRANTEE AS REQUIRED BY LAWS, RULES, REGULATIONS PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Amended Ordinance #5bl read in its entirety? No Response. The Motion was made by Myers and seconded by Tolsma 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 Amended Ordinance #561 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #liA: FOREIGN TRADE ZONE AGREEMENT: Atty. Crookston: E>tplained agl~eement. (See tape) MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 8 The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the agreement. Motion Carried: All Yea: ITEM #5: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOUSE AT 318 E. PINE: Duncan Grandin: I live at 318 E. Pine and I'm requesting permission to destroy the old house that I'm living in and replace it with a manufactured home. I'd like to have my contractor explain the details to you so you can understand the circumstances. Frank Eld: This is what I do is deal with manufactured housing on permanent foundations. Presented pictures of existing home and the new home being proposed. The Ada County Ordinance makes a distinction between manufactured housing and mobile home in that manufactured housing is a structure that is built after 1976 under the HUn safety codes verses the mobile home. We do understand the ordinances for mobile homes and why they are there. Explained process for placing a manufactured home on a foundation. I will be happy to answer any questions. Yerrington: What square footage of the unit being proposed? Eld: This unit is 1334 sq. ft., it is a 26 wide by 52. considerably larger than what he has now. It 1S Giesler: All the steel frame work comes out of it? Eld: No the steel frame work has to remain frame itself is permanently attached to the home. Hun will not allow us to remove it. support for the floor itself. underneath. The underneath of the It is used as a Giesler: This comes down the road in two pieces? Eld: Yes. Myers: Do these have 2x4's or 2x6's in the framing or what? Eld: All the manufactured housing that we deal with in this area because of the energy code are 2xb. The floors are all insulated. Myers: The walls are what? Eld: All sheetrock. MERIDIAN CITY COUNCIL OECEttlBER 17, 1991 PAGE 9 Kingsford: Duncan you talked about a Supreme Court Case? Eld: I'd like to clarify that. Basically they are talking about discrimination against manufactured housing. I don't know that there has been any Supreme Court decisions to that effect. Yerrington: You have two buildings on the back of this lot, what are you proposing to do with those? Grandin: Yes we will keep those there. Giesler: The only difference basically between a mobile home and a manufactured home is that it sits on a foundation and cannot be moved? Eld: Explained difference to Council. Kingsford: As I look at your document here on the State Code, well first off it says may instead of shall which of course is a key word. This also states that the owner that purchases the home records with the County Recorder in the County in which the manufactured home will be situated a non-revocable option to be declared. The home becomes real property. It does not say they have to do that. Giesler: How soon do we need to decide on this? Eld: What I do at this point is put a package together to present to the Mortgage Company. Part of that package is that he needs to be granted a building permit to do this, because FHA is not going to get into insuring a loan if there is any cloud in being able to do this. We cannot go out and physically do the work until he gets an approval from FHA. Atty. Crookston: We do have a definition of manufactured housing in our zoning and subdivision ordinance, but we do not have anything that deals specifically with manufactured housing. Giesler: I would like to visit with our building some other people and maybe personally look at one look at the picture it looks like a mobile home. that I can make a decision tonight. inspector and of these. To I don't think Tolsma: I agree with Bob's comments. Myers: I've looked at those and I've seem some that have been done and they are really nice. MERIDIAN CITY COUNCIL DECEMBER t 7, t 991 PAGE 10 Giesler: Maybe we need to update our Ordinances to address this. Eld: their 1 can happy 1 would personally like to see the City of Meridian redo Ol~d i nance to have thes e pl~ot ect i Ve covenant sin there. 1 f be of any assistance to help re-write these codes I'd be to do it. The Motion was made by Myers and seconded by Giesler to table this matter until the January 7, 1991 meeting. Motion Carried: All Yea: ITEM #7: GEORGE WAGNER, JUB ENGINEERS: UPDATE ON SEWER FACILITY PLAN: George Wagner: We have been retained by the City of Meridian to prepare a facility plan for the City Sanitary Sewer System. This is a State funded project and our overall purpose is to look at your sanitary sewer system and your wastewater treatment plant and provide to the City a twenty year plan for what needs to happen to those facilities to take care of the needs that can be seen for the next twenty years. This plan will be used by the Idaho Department of Health and Welfare for their grant loan program as improvements needs to be made. There is three parts to the process as we do them. The first is existing conditions, second is future conditions and thirdly is a public participation pl~o~Wam. Nancy, from JUS explained in detail to the Council each one of these items. (See tape for explanation & discussion> ITEM #8: WAYNE FORREY: UPDATE ON DOWNTOWN LID#90-1: Kingsford: We will skip over item #8 tonight. ITEM #11: APPROVE PLAT ON ROSEBUD SUBDIVISION: The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the plat on Rosebud Subdivision, subject to the City Engineer~s approval. Motion Carried: All Yea: lTEM #12: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL DECEtilBER 17, 1991 PAGE 11 Walt Morrow: Briefly I am your representative to the APA Regional Transit Plan. At our first meeting on October 9th this plan was presented to us as a proposal to study and see if there was a need within Ada County for a county wide regional transportation district. It was in conjunction with Boise City's application for renewal with the Federal Government with their subsidy to the bus plan. The presentation to us committee members was is that this was a five year study and that it was non-binding study and that we could choose to participate or not t 0 pa}~t i ci pat e~ or what ever. At any rat e~ the next meet i ng covered things such as scheduling public hearings for comments within each City and within the south county area of Ada County. In talking with Grant we determined that it wasn't in our best interest to even schedule a hearing. The following meeting in November, the repo}~t s carne back in terms of the meet i ngs. At Eagle's meeting there was three people in attendance, at Garden City's there was two, at Kuna there was one and Boise's results weren't in yet. The heat that we've been taking for not having a meeting was somewhat vindicated by the results form these two meetings. At our last meeting, and primarily my purpose for being here tonight is to kind of prevent a blind siding. What's going is is that it appears that what was supposed to be a study and a input session from those of us in Ada County in terms of the City's and whatever is actually a full blown effort to create a regional transportation district. The paper I handed to you tonight is between now and the eighth of January the results of our last meeting and the input from the community meetings is going to be put into a format and they are going to have a public hearing on it the eighth of January. Our committee will meet on the ninth and basically rubber stamp it and then they are going to come before the City Council's and ask each City Council to approve this plan. What the plan is going to entail is rather than being a study to see if it's feasible to do a county wide transportation district it's going to propose things such as means of taxation to fund a county wide transportation district, a petitioning for the Legislature to grant the authority to create a county wide transportation district. Most of these things are modeled after what is currently being done with ACHD in essence they are going to come before you on the first meeting after the ninth of January that we have here and they are going to present the document to you and ask you to approve it in the same evening. With that what will happen in reality is that you will be giving your support to creating a county wide transportation district. It is not as its turning out to be a study group. Further explanation. Disc'.lssion Held: (See tape) MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 12 The Motion ~as made by Myers and seconded by Tolsma to adjourn at '9:08 P.M.. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS> APPROVED: ~~OR ATTEST: e&-- CLERK pc: Mayor & Council, p & Z Member's, Atty, Eng., Bldg., Fire, Ward, Stuart, Gass, ACHD, NMID, APA, ACC, Sett lers, Hallett, Valley News totai 1 (Ed File (Ed