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HomeMy WebLinkAbout1991 06-18 , , AGENDA MERIDIAN CITY COUNCIL JUNE 18, 1991 ITEM: MINUI'ES OF THE PREVIOUS MEETING HELD JUNE 4, 1991: (APPROVED) 1: PUBLIC HEARING: PRELIMINARY & FINAL PLAT OF DEERFIEID MANOR SUBDIVISION: (APPROVED) 2: COVENANTS FDR DEERFIEID MANOR SUBDIVISION: (APPROVED) 3: FINAL PLAT ON CHATEAU MEAIX::JWS SUBDIVISION # 5: (TABLED) 4: COVENANTS FDR CHATEAU MEAD:J;1JS SUBDIVISION # 5: (TABLED) 5: BID ON JX:lWNTOWN REDEVEIDPMENT PROJECT: (APPROVED) 6: FINAL PLAT ON JASMINE ACRES: (APPROVED) 7: FINAL PLAT ON VAL VISTA SUBDIVISION: (APPROVED) 8: DEPARI'MENT REPORI'S: MERIDIAN CITY COUNCIL JUNE 18} 1991 The Regular Meeting of the Meridian City Council was called to order by Council President Ron Tolsma at 7:30 P.M.: Members Present: Bob Giesler, Max Yerrington. Members Absent: Bert Myers} Grant Kingsford: Others Present: Gerald Flatz, William Musser, Maxine Monroe, Gary Weeks, K. Beumeler, Gary A. Lee} David Collins, Gary Smith, Wayne Crookston, Pat Tealy, Cecil Cherry, Gregor Ecker} Valerie Davidson, MINUTES OF THE PREVIOUS MEETING HELD JUNE 4, 1991: The Motion was made by Giesler and seconded by Yerrington to approve the minutes of the previous meeting held June 4, 1991 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: PRELIMINARY & FINAL PLAT OF DEERFIELD MANOR SUBDIVISION: Tolsma: I will now open the Public Hearing, is there anyone to testify? Cecil Cherry, 1926 Leisure Lane, was sworn by the attorney. Cherry: I understand that the road goes up through there and there will be sewer put in and the people living on the east side of Leisure Lane will be able to connect to the sewer, is that correct? What will be the cost for that? Are there plans to make it accessible for the people on the west side? Eng. Smith: When Dunten Place #2 was platted we stubbed a sewer line off of NW 12th to the east and into Leisure Lane Subdivision and brought it into the area behind Mr. & Mrs. Kerr who live on the very end of the culdesac. So the sewer has been stubbed into that point and as the need would develop then that sewer could be extended out into Leisure Lane and continue up Leisure Lane and serve all the homes on it. Cherry:, So that will take care of those on the west side, we won't have to worry about it if they want another sewer down through there we won't have to pay for part of that. Eng. Smith: I can't say who is going to have to pay for it. Cherry: According to this plan as I understand it these houses that are going ;'to be built accross there will have a thirty foot set-back, is that correct? Is there an Ordinance in the City on setbacks for houses? Clerk Niemann: 25 foot. Cherry: From the back of my house to the property line is about 48 feet and I hate like mad to have a road run past the back of my house. I'd like to make a proposal} you look at it and see what you think. I really feel it's unneccesary to have that road back there. Explained proposal. (Tape on File) MERIDIAN CITY COUNCIL JUNE 181 1991 PAGE #2 Giesler: On this map has this been drawn out to Ada County's Standards so that we know this will work? Cherry: My son and I just drew this out and we just went by other culdesacs. The only other alternative I can see to that would be between our property and this property why run an easement down through there and run your sewer line on that easement next to the property line there. Eng. Smith: The first thing I it looks like the distance from Cherry Lane into the first culdesac is about 600 feet so there would need to be a variance on that because of our culdesac depth requirement. The other thing is the culdesacs scale about 80 foot in diameter and they need to be 100 foot in diameter by the Highway District's Standards. The third thing that bothers me is running a sewer line down an easement, because you don't have any control over what happens above that sewer line and if you ever had to get in there for repairs you never know what's going to be there. Cherry: I sure think I need some help on thisl there just shouldn't be a road that close to someone's house. Tolsma: We can have the developers look at this and see what they can do. Giesler: Didn't you feel at some point and time that this could possibly happen? Cherry: I didn't think it would ever happen I because as narrow as that was I didn't think anybody could develop and sell lots on one side of the road and make it payoff. Tolsma: Anybody else to testify? Gary Weeks, 1812 Leisure Ln., was sworn by the attorney. Weeks: Is there a way that we can be assured or put down ~n the minutes that if we do hook on to sewer in the back that we won't be assessed on Leisure Lane if it goes through there? Atty. Crookston: Your only assessed is set but that doesn't include your could increase your cost to connect. you pusuant to Ordinance. for one connection. Your assessment to the City contractor's fees or things of that nature which It can be put in the minutes that we would assess Weeks: Also at the last meeting we brought up that they wouldn't make us hook on unless something went wrong with the system we have, is that true? Crookston: Under the Ordinance your required to connect if you come within 300 feet of a sewer and it becomes available within 300 feet that's what the Ordinance says. Tolsma: On your question earlier, we have no control over property owners forming their own LID. Crookston: It has to come through the City. Tolsma: If 50% of the property owners got together and formed an LID and he was one of the 40% say then he would still be assessed part of the cost. Crookston: He could be. MERIDIAN CITY COUNCIL JUNE 18, 1991 PAGE #3 Weeks: We've had our own water and sewer for years as a grandfather act and everything else, as long as it's working fine I don't see why we ought to be forced into hooking into the City. We maintain our own road and everything. My question is still not really answered whether we are going to be made to hook on or not. Tolsma: That's part of the Ordinance. Unless you apply for a variance. Eng. Smith: I had recommended that they stub a service line out to each one of the properties so that if something did happen to their system, if the Council decided they could waive that Ordinance requirement or whatever your decision would be, at least the stub would be there and they wouldn't have to dig the road up. The question then came up of who was to pay for the stub and since it really didn't benefit the developer, and that question still needs to be answered, but I think personally that there should be a stub placed in a line at this time. Weeks: I was wanting to know if we can put it into the minutes that we are not going to have to hookup until something fails with our system. Tolsma: You would have to apply for a variance individually. Weeks: How do we go about that? Crookston: Take an application to the City Clerk. Weeks: In the meantime it's the subdivisions bill and we have no say so. Explained further. Tolsma: Anybody else to testify? Paul Pherigl} 1838 Leisure Lane, was sworn by the attorney. Pherigl: Why couldn't you put a walkway through there, then you can bring your sewer right through that. We are having a lot of trouble on this irrigation water, we're getting flooded out and nobody is taking the blame on who covered the ditch up. We are having a lot of trouble with some of these contractor's on irrigation water. The developer came and tore the fence out and no-one even told us, I had horses running all over town. Giesler: This has happened since Dunten Place has gone in? Pherigl : Yes. Giesler: Maybe Gary could look into that and see what is going on with that ditch. Tolsma: Anyone else to testify? Nila Ecker, 1917 Leisure Lane, was sworn by the attorney. Ecker: I live on the west side of Leisure Lane and I want to know about my sewer because if your going to force me into hooking up to it it's going to have an easement clear accross another persons place, how's it going to work? What are we going to do that's on the west side? MERIDIAN CITY COUNCIL JUNE 18, 1991 PAGE #4 Tolsma: Isn't that the loop that comes in from the upper end of the culdesac at Leisure Lane that would have to be brought down through Leisure Lane. Ecker: Down through Leisure Lane from where? Tolsma: From the other end of the culdesac, that's where they stubbed it in. Ecker: Okay so when that's stubbed in then will we have to pay for where it comes in clear down around the corner. How's that going to work? Am I going to have the expense of all of that? Clerk Niemann: Unless you can get the other property owners to help you do it. Ecker: That's not right. Eng. Smith: The only plans to extend sewer down Leisure Lane would be based on need. We don't have any proposal to construct a sewer line. Ecker: Your telling us two things, that if we are within 300 feet of that we are going to be forced to hook to that, now you've got to tell us one way or the other what your going to do with this. Eng. Smith: The people on the east side of Leisure Lane would be within 300 feet of the sewer and could connect to it. Ecker: What about the people on the other side, from Dunten Place? Eng. Smith: We haven't required the property owner that has an extreme difficulty to get to the sewer to connect. Ecker: Okay, but we are within 300 feet that's what I need to know. Eng. Smith: We haven't actively forced connection to the sewer line if somebody is there and has a system operating and it hasn't been a problem I haven't actively forced anyone to connect to it, unless their system fails and the Health District says you can not replace your system you are within 300 feet, you have to connect. Ecker: So what your saying is that I won't be forced to sign up? Eng. Smith: No I'm saying myself I have not actively sought to connect people to the sewer unless they are having a problem and the Health District won't allow them to connect. Ecker: Okay you are saying that I don't have to get what Gary has to get in order to not hook up, a variance, is that what your saying? Eng. Smith: I'm not saying that I'm saying that I haven't actively pursued forcing people to connect to the sewer if they are within 300 feet unless they are having problems. Tolsma: Anyone else to testify? Valerie Davidson, 1928 Leisure Lane, was sworn by the attorney. MERIDIAN CITY COUNCIL JUNE 18} 1991 PAGE #5 Davidson: We have the cement ditch that runs down the east side and cuts west. The subdivision to the north of us broke down our fence and took a chunk out of our cement ditch. I want to know if there is a chance of getting that fixed or if I'm going to have to fix that myself? We have a two acre parcel. Giesler: Have you visited with the developer about this problem? Davidson: We talked to Mr. Hunemiller he said it wasn't his backhoe and that it had to be Mr. Taylor's backhoe. Voiced concerns about children going to and from school. Further Discussion (TAPE ON FILE) Eng. Smith: My suggestion to each property owner would be to have one stub for each property owner and if they wanted additional stubs they would be at the owner's expense. They wouldn't be billed for those stubs until the time they connected. Tolsma: Anybody else to testify? Pat Tealy, was sworn by the attorney. Tealy: Just to clarify a few things. The street alignment that we chose in here was pretty much dictated to us by the existing conditions. The City of Meridian required that lIth Street be stubbed out of Misty Meadows in it's position on our west line. If there was some way we could have done it differently we certainly looked at it! if it was feasible we would have done it. As far as the culdesac approach, just looking at it briefly! the culdesacs as drawn on there have an 80 foot diameter rather than 100. Also the culdesac length on both roads would exceed the length allowed by the City. The sewer has to be accessed to the north} there is not an adequate line nor depth in our southerly portion of the property. As far as irrigation! we do have an irrigation ditch that runs accross the land and we do intend on piping it and delivering the water to where it is right now. (Tape on File) Tolsma: Anyone else that would like to testify? Hearing no reponse I will close the Public Hearing. Giesler: There is a lot of questions that have brought up tonight that I think need to be handled, I mean that will be handled by the City. A number of these items are really a problem with the City, I think they are things that need to be worked out otherwise! we have no control over ditches. The Leisure Lane area has always been out by themselves and it has finally caught up with them to where things are moving in on them and they are in the City now. I can feel for Mr. Cherry's problems but I don't know how else this would feasibly work. I don't know what else a person is to do with this piece of property other than having a continuous weed patch problem. I feel this project needs to go forth. The Motion was made by Giesler and seconded by Yerrington to approve this Preliminary and Final Plat on Deerfield Manor Subdivision. Motion Carried: All Yea: ITEM #2: COVENANTS FOR DEERFIELD MANOR SUBDIVISION: MERIDIAN CITY COUNCIL JUNE 18, 1991 PAGE #6 Crookston: I have reviewed these and have some comments. The Motion was made by Giesler and seconded by Yerrington to approve the covenants for Deerfield Subdivision upon Attorney's Approval. Motin Carried: All Yea: ITEM #3: FINAL PLAT ON CHATEAU MEADOWS SUBDIVISION #5: Tolsma: I would recommend that Final Plat on Chateau Meadows Subdivision #5 be tabled because of pending water problems. Giesler: I don't understand why we need to table this. I have some problems with some other items I would like them to be aware of. It was originally agreed upon that phase #6 would be done before moving north. I think that it should be done in the manner upon which it was agreed upon. If I remember correctly we've made one adjustment already on doing three before doing what's now six, is that correct. It was stated in there that it wouldn't go accross the ditch until it was all done. I don't have a problem if they want to go ahead and continue with that project #5 now but it's to be done along with #6 and it's to be finished with 5 & 6 done at the same time. I would hope that the developer would in fact find out maybe what the problem is and maybe try to help alleviate the problem. The Motion was made by Giesler and seconded by Yerrington to table this project until this problem with #6 has been remedied. Tolsma: The ditch was originally supposed to be left open and the property owners out there have tiled the ditch} which the property owners are basically at fault because now the ditch is not big enough to carry the water. Maxine Monroe: It was Mr. Morrow I believe that mentioned if the property owner does not make sure that service continues, the City can send them a letter and of they still do not comply, then the City can have the ditch cleaned and place a lien on the property and collect with property taxes. This is an awful water problem out there and we do have some pictures to show or leave with you. Giesler: We do have an Ordinance and we hope this can be remedied right away. Crookston: The drainage problem has nothing to do with the Final Plat on Chateau Meadows #5. Let's make that clear. David Collins, the Engineer for Chateau Meadows. Last week my client Mr. Leon Blazer indicated to me with great concern that there was a possible problem with the drainage waste ditch on the south boundary of phase I & 2 of Chateau Meadows East. Yesterday I was able to make a visit and found the water standing on the same elevation on both sides east and west of Dixie Lane. I informed Mr. Blazer of my findings today the 18th day of June and he told me he would #1) get the pipe cleared of the blockage #2) install screenage at the inlets to the inlet structure on the east end of the project near Dixie Lane and #3) install a clean out box in the one open section that's still open. (TAPE ON FILE) , , MERIDIAN CITY COUNCIL JUNE 18, 1991 PAGE #7 The Motion previously made was now - Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to table the covenants for Chateau Meadows SUbdivision #5 until the next Council Meeting. Motion Carried: All Yea: ITEM #5: BID ON DOWN'IOWN REDEVELOPMENT PROJECT: Eng. Smith: The Bid for the East First Street Construction Project was opened on June lOth here at City Hall. We had five bidders. Passed out to each Council Member a sheet showing each bidder and the amounts that were bid. American Paving Co. of Meridian, Idaho is the low bidder at the sum of $779,902.15, all of the arithmetic was checked and found to be all correct. Included in that bid there were several sub-projects that were wanting to be accomplished by businesses and residents thaI - - , ~ -.~ ~~ ",rl-i"""'''''nJ- to E. First Street that were within the bounds of the LID Project bu' F. / ~ 57 part of the E. First Street Improvements. They did want to have som I cI- of how much it would cost to do certain improvements. To date five J?y~te have come forward wanting to accomplish their improvements. Those a I Chimes} All American Insurance, Hoff Lumber Company, Brent Algers an varying types of improvements. Without Mr. Johnson's improvement, " a cost tonight for that item, including the other four the total cor American Paving would be $832,766.05. The difference in costs betwE would be that of the individuals wanting these improvements. My requl;:;;;1.. I..VW.'::j..... _____. the Council would be to allow Notice of Award to be presented to American Paving Company for the total amount that would be determined after the bid for Jay Johnson's comes in and is accepted by him. Subsequent to the City of Meridian issuing the award to American Paving would be to allow Councilman Tolsma and Jack to sign the Notice to Proceed} which would be issued after they return a signed contract along with the necessary performance payment bonds and their certificate of insurance for the project. We are expecting to have construction start on July I. The Motion was made by Yerrington and seconded by Giesler to accept American Paving's Bid of $832,766.05. The Motion was amended by Yerrington and seconded by Giesler to accept American Paving's Bid of $832,655.05 and also authorization Councilman Tolsma and Clerk Niemann to sign these documents, and to include Jay Johnson if he approves. Eng. Smith: We actually have three different things that we have to accomplish to see this project through to the end. Since we are the project administrator of the project. #l) The city has to provide construction staking, we also have to provide construction services in the form of material testing for the project and we also have to provide a project inspector on the project full time. Two of these three items we have a handle on but the third, the project inspector at this time is unknown. "The other two items, we have a company in town here, Richard Rakow Construction Services. He has offered an estimated cost to me of $3300 to $4300 to do this materials testing on this project from start to finish. ,. . MERIDIAN CITY COUNCIL JUNE 18, 1991 PAGE #8 Eng. Smith: The other item concerns the staking of the project. I have been in contact with Hubble Engineering and they have given me a range of fee from $l7,OOO to $25,000. somewhere in that area. These two items are in addition to the construction costs. The Highway District is roughly paying 70% of those costs. The Motion was made by Giesler and seconded by Yerrington to authorize the Mayor and Clerk to hire the stakers and the materials testing people subject to a dollar figure. Motion Carried: All Yea: Discussion Held on hiring an Inspector (TAPE ON FILE) ITEM #6: FINAL PLAT ON JASMINE ACRES: The Motion was made by Giesler and seconded by Yerrington to approve the Final Plat on Jasmine Acres and authorize the Engineer and Clerk to sign off. Motion Carried: All Yea: ITEM #7: FINAL PLAT ON VAL VISTA SUBDIVISION: The Motion was made by Yerrington and seconded by Giesler to authorize the Engineer and Clerk to sign off on this Final Plat on Val Vista Subd. Motion Carried: All Yea: ITEM #8: DEPARTMENT REPORTS: Yerrington: Wanted to report that we have a new trash truck. Giesler: We still have a flooding problem in the park at the Chamber Building. The Engineer got a bid for around a thousand dollars to have this repaired. After visiting with the President of the Chamber they said they would pay half if the City would pay half. Clerk Niemann: He is scheduled to come before Council at the next meeting. I also need approval of a beer license for the new Meridian Chevron Station. The Motion was made by Giesler and seconded by Yerrington to approve a beer license for the new Meridian Chevron Station. Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to adjourn the meeting at 9:10 P.M.: Motion Carried: All Yea: , , , ' MERIDIAN CITY COUNCIL JUNE 18} 1991 PAGE #9 APPROVED: ATTEST: pc: May r & Council, p & Z, Atty} Bldg, Eng., Gass, Stuart, Ward, ACHD, NMID, CDH, Police, Fire, Settlers File (6) Mail (6)