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HomeMy WebLinkAbout1991 03-19 AGE N D A MERIDIAN CITY COUNCIL MARCH 19, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MARCH 5, 1991: (APPROVED) l: PRELIMINARY PLAT ON MERIDIAN GREENS #2: TABLED AT LAST MEETING: (TABLED) 2: REQUEST FOR PORTABLE CLASSROOM BY VALLEY BIBLE FELLOWSHIP CHURCH TABLED AT LAST MEETING: (APPROVED) 3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ONE CHAIR BARBER SHOP BY JOHN JACOBS: (APPROVED) 4: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRINGS SUBDIVISION, BOESIGER, INC. (APPROVED) 5: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PUD GENERAL BY GEMTONE, INC. (APPROVED) 6: PUBLIC HEARING: REQUEST FOR VACATION OF WALKWAY EASEMENT, SETTLERS VILLAGE BY STEIN & PAMELA WOOD: (FINDINGS TO BE PREPARED) 7: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING BY LINDA ARNOLD: (APPROVED) 8: REQUEST FOR WAIVER ON SEWER & WATER AT 398 SOUTH LOCUST GROVE ROAD BY MARSHALL SMITH: (APPROVED) 9: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL MARCH 19, 1991 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler} Max Yerrington: Others Present: Erv Sinclair} Mark W. Crane, Jerry Rohan, Marshall & Mary Smith, Chuck Fuller, Norman Fuller} Jim Johnson, Darlene Densley, Thomas & Barbara Geile} Thomas T. Wright, George Wilhelm} Kevin A. Jones, Anna Gray, Ray Schild, Jim & Sheri Baker, John & Beu Jacobs, David G. Powell, Stein & Pamela Wood, K. Beumeler, Wayne Crookston, Gary Smith, Bill Gordon, Mark Agenbroad, Mike Preston, Cheryl Johnson, Darlene Chenk, Wilma John: MINUTES OF THE PREVIOUS MEETING HELD MARCH 5, 1991: The Motion was made by Giesler and seconded by Tolsma to approve the minutes of the previous meeting held March 5, 1991 as written: Motion Carried: All Yea: Kingsford: The first item is Anna Gray would like to make a comment about the Meridian Orchestra. We really enjoyed and appreciated your music at the banquet the other night. Anna Gray: Presented Mayor Kingsford with a Certificate of appreciation for all of the support. ITEM #1: PRELIMINARY PLAT ON MERIDIAN GREENS #2: TABLED AT LAST MEETING: Yerrington: I still have a conflict of interest so I will be stepping down. Kingsford: As the plat goes you are aware that we are looking at a couple of variances that won't be heard until next meeting so we can't approve the plat. Giesler: Ada County does plan on putting an overlay on Mesa Way this summer. They are concerned about one of the turns in the highway and they will be looking into that. I still think at this point that is something we need to work towards is trying to get that through Mesa Way at this time, I think that we need more access. The Motion was made by Giesler and seconded by Myers to table this until April 16th Meeting. Motion Carried: All Yea: Yerrington - Abstain: ITEM #2: REQUEST FOR PORTABLE CLASSROOM BY VALLEY BIBLE FELLOWSHIP CHURCH TABLED AT LAST MEETING: Kingsford: Does the Council have any more questions on this? Tolsma: Did you decide on a wood building? Mark Agenbroad: It would be something on the order of the portable classrooms that are at the school. You had mentioned that you would not approve a mobile home which is not a problem. MERIDIAN CITY COUNCIL MARCH 19} 1991 PAGE #2 Setbacks were discussed. Tolsma: Would they have water & sewer? Agenbroad: It is not our desire or intent. Primarily just classrooms. So if it is on a foundation then we would have to meet the setbacks. If on a permanent basis it would be checked with the building inspector. If a portable unit then the Council can vote on it tonight. Kingsford: Correct. If it would be permanent you would just get a building permit and have the building inspector check it, you wouldn't need Council approval, but if you go with portable then you need Council's approval. Agenbroad: If we want to get approval for a temporary and then if we decide to pursue it on a permanent basis then we wouldn't need the boards approval just the building inspector. Kingsford: If you could meet the setbacks in the area} sure. If not then you would need the variance. Agenbroad: I think at this point we would like to pursue the temporary route. Giesler: What size of a portable are you wanting to build? It looks to me like one way wouldn't work at all. If you turn it the other way I'm concerned about not having the access of the alley. It looks to me like that parking lot isn't all that large. I am not in favor of the two ways that are shown here. Myers: Well had you thought of putting it back up on the grass? Agenbroad: It could be done. Myers: If it would fit I think that would be a good spot for it. Giesler: I wouldn't have a problem with that as long as it will fit. The Motion was made by Myers and seconded by Tolsma to approve this portable for one year if placed on the lawn. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ONE CHAIR BARBER SHOP BY JOHN JACOBS: Kingsford: I will open the Public Hearing at this time, is there anyone from the public who would like to offer testimony on this issue. I have received a letter from Arthur Beach supporting this request. Hearing no response I will now close the Public Hearing. The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of Facts and Conclusions of Law as prepared for John Jacobs for a Conditional Use Perroit. Roll Call Vote: Yerrington - Yea~ Giesler - Yea~ Myers - Yea; Tolsma - Yea: MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #3 Motion Carried: All Yea: The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for John Jacobs: Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTAL SPRINGS SUBDIVISION, BOESIGER, INC. : Kingsford: I will now open the Public Hearing, is there anyone from the public who would like to offer testimony. Hearing no response I will close the Public Hearing. Giesler: There is a question here about a ditch} do we know if that has been taken care of yet? Mike Preston, with Hubble Engineering representing Mr. Boesiger. At the Planning and Zoning Hearing the Settlers Canal issued a statement that, they would approve one of two things, either to pipe the ditch or to grant an easement on our side of the ditch for the settlers cana1.Along those existing lots in Glennfield #2 that abutt it there are seven or eight lots there that we would grant an easement to the settlers canal company on our side~ just through that part. Then whoever develops the remaining property they should be required to give an easement. Kingsford: Eng. Smith have we made any progress with getting that portion piped through Glennfield #2? It is my understanding that there is some controversy between the residents there, some wanted pipe, some don't want pipe. Eng. Smith: Don Smitchger mentioned that he may} they were thinking about piping the portion at least on the north side of Sandalwood Drive, he didn't say anything about the south side. Kingsford: If we got that portion piped that's been in question would it be in our best interest to have this portion piped? Preston: I might mention that the portion just to the north of Crystalsprings is open and gains access the same way that we are proposing. Eng. Smith: Then what you are saying is that you will continue the access easement on Crystal springs property to a point at the southwest corner of Glennfield #2. Preston: That's correct. Eng. Smith: And then there would have to be a crossing of the ditch so that they could get to the access road on the east side of the ditch. Preston: Yes, we would go a little bit south of the southwest corner of #2 so that they could then put some sort of a crossing structure in. Myers: We never got an answer on whether or not that should all be tiled. What's the chances of getting it all tiled? Eng. Smith: I'm not sure where we stand from a standpoint of having anyone involved with tiling the ditch besides Settlers Irrigation District. Along the east side of MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #4 Glennfield #3 which is of course beyond the boundaries of Crystalsprings SUbdivision. They have mentioned that they would like to pipe it but they don't have the funds to do this. Unless some kind of a deal could be worked between Settlers and other parties that were involved in that SUbdivision, I don't know of any other method to get the pipe installed. The developer of #3 I've heard is not interested in participating in piping of the ditch, now I haven't talked to him specifically. He did have to give up 18 ft. of ground there for easement that basically is going to be a line of weeds. Myers: It looks to me like if we had that piped from where it goes into where #3 is on the north side of Sandalwood all the way back to Cherry Lane probably is where it should be done. Maybe if we could get these folks all together maybe we could get that all tiled down as far as to where you folks are. Preston: That was very much in our interest. We didn't want to pay for the entire cost of that pipe. We would certainly welcome the City's participation all that you can to help us there. The thing we don't want to happen is to hold up our entire plat until someone else agrees to do something. We would very happy to work with the City or someone else to get that tiled. Tolsma: What's the plan for that drainage ditch on the west side of that property? Preston: It will remain open and fenced out. Tolsma: Is there an easement or right of way on that? Preston: Yes the Bureau of Reclamation has a easement. Giesler: There is a number of comments that came from the City Engineer about the number of lots. Preston: These were addressed at the Planning & Zoning Meeting and we concur with Mr. Smith's comments. We are going to drop one lot in one area to make certain that we get our 70 ft. frontage around the culdesac. The Motion was made by Tolsma and Seconded by Myers to approve the preliminary plat subject to preparing an 18 foot easement and hopefully working out arrangements to tile that prior to building. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR POD GENERAL BY GEMTONE} INC. Kingsford: At this time I will open the Public Hearing, hearing no response I will close the Public Hearing. The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law for Gemtone, Inc. for a conditional use permit. Roll Call Vote: Yerrington - Yea; Myers - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #5 The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for Gemtone} Inc.: Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR VACATION OF WALKWAY EASEMENT, SETTLERS VILLAGE BY STEIN & PAMELA WOOD: Kingsford: I will now open the Public Hearing, is there anyone that would like to offer testimony on this issue. Stein Wood} 1762 Jericho, was sworn by the attorney. Wood: I haven't prepared a statement, but I did send a letter. The one thing that is not mentioned in the letter is the different interpretations of the property. The various interpretations are that I'm supposed to build an access way paved for my neighbors use, that the property isn't mine and I can't build a fence across it. Everything else is basically stated in my letter. Giesler: He is aware that there will still need to be an easement through there? Stein: Yes. Kingsford: Anyone else to testify? Jerry Rohan, 1774 Jericho, was sworn by the attorney. Rohan: I have letters with me tonight from three other families. We need that easement for access to the rear of our property. The surrounding areas are zoned commercial and we won't have any access to get back there to take care of that. The letters that I'd like to give you deal with safety hazards, area behind our homes, we really have at times a severe weed problem. There is no other way to get back there to haul out the weeds which are large. Reading through the convenants of our subdivision they are somewhat jumbled. Spoke about fences, walkway easements} title company. (TAPE ON FILE) We feel that we have really been violated, because it states in the covenants that you can not do that. We as a group fell that if the vacation is allowed to happen that our rights as homeowners will be violated. Giesler: Doesn't your property lines go clear to the back} even into the weed area back there? Rohan: Yes. Giesler: How come the fences weren't put out - Rohan: There is a utility easement IO-15 ft. I believe back there. Giesler: I know in most other subdivisions the fence is taken to the property line. This is a very unusual situation. The weeds out there, you say they will be cut down} the times I have been out there} the weeds were higher than the fence. This is a poor design and should never have happened and I think you should be moving your fences back there and be taking advantage of that yard and keeping those weeds down. MERIDIAN CITY COUNCIL MARCH 19,1991 PAGE #6 Giesler: There is enough room to the side of the houses I saw to get back there. Rohan: I wish the people could have been here to actually come up here and tell you themselves about how it would affect them. The easement has been there for as long as we've lived there. Kingsford: Originally that Settlers Village those first lots until you get past Mr. Wood's were commercial lots and that was the reason for that easement was to get to the back of those commercial lots. We vacated that easement on the west side and two or three of the walkways back in the subdivision at the request of the owners. This one was not vacated with that because there was some objection at that time that property was not built on but that will not be commercial and I think it is really inappropriate that Mr. Wood has to have an easement for everyone else to use on a residential property. It made sense, when it wasa commercial property but to me it makes no sense as a residential property. I can see where it would if your fence is not on your property line but if it was you'd have no problem. Rohan: I hope that you will take into consideration what I've tried to putaccross tonight. It is going to affect some folks that really care about our city and our neighborhood. Cheryl Johnson,1805 N. Locust Grove Road, was sworn by the attorney. Johnson: On this easement, I was wondering does it affect the new school} as far as the children couldn't use that easement? Kingsford: No. Darlene Chenk, 1745 Jericho, was sworn by the attorney. Chenk: I am here to show my support for the Woods. That easement that Jerry Rohan was speaking about that he was saying was always taken care of and it has always been in weeds. I don't see any problem with this request at all. James Baker} 1746 Jericho} was sworn by the attorney. Baker: I am the homeowner immediately to the south of the Woods. I see no problem with this request. I am in favor of this. Sheri Baker, 1746 Jericho, was sworn by the attorney. Baker: I believe that once the easement is vacated, I believe there is still approximately 3 feet between the edge of the easement and Jerry's property line. There would still be access if you had to walk back to your weeds. I don't think this will be a problem. Rohan: Some of what has been said tonight is not true. We have taken care of that easement. I do have a boat, I don't have a gate really, I have no intention of using that as an access for R.V.ls. The reason that we need that thing is just for maintenance. Kingsford: Your saying maintenance to the back of your lot. MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #7 Rohan: No, the utility easement. If we put up fences back there the utilities would be coming through there I believe once or twice a year to service. Kingsford: I have a utility easement in my back yard and I've lived there fourteen years and they have never been there. Rohan: Before you make a decision on this I would hope that you would look into the letters that have been written by the other homeowners. When we first met the Wood's the builder had never told them about the easement until they had signed the papers. They told us that if they had known that easement was there they would have never purchased that home. That easement is used} but there is not alot of traffic so we feel it should stay. Wilma John, 1545 W. Carol, was sworn by the attorney. John: years. huge. We live two houses over and behind the Woods. We've been there about three That easement has never been used since I've been there. The weeds are Why don't they steralize the the ground. Stein Wood: Something that has been left out of the public discussion but was in my letter. On the requirements that I pave 115 x ISO feet of my back yard} I would have to pay to have his fence taken down and put back up plus the paving costs. My main problem is the expense, it's ab~urd for meto pay thousands of dollars to pave my back yard when the easement doesn't go anywhere} it serves no purpose. Kingsford: Well again, the intent of that thing was that there was going to be commercial lots in the front and it was the back access to those commercial lots. I would like to enter into the record three letters received from homeowners which are in opposition to this request. Any further public comments, seeing none I will close the public hearing. The Motion was made by Tolsma and seconded by Giesler to have the attorney prepare Findings of Fact and Conclusions of Law on this issue. Motion Carried: All Yea: Giesler: Maybe some of these people didn't realize that they could put there fences around that easement, but those fences can be taken out to your property line. KingSford: Certainly as that property develops in back of you to the east your going to have a no-mans land there that somebody is going to be on your case on the other side to see that that is taken care of. ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY LINDA ARNOLD: Kingsford: I will open the Public Hearing, is there anyone to testify on this issue. Dave Powell, from Toothman-Qrton Engineering, was sworn by the attorney. Powell: What we are proposing is a multi phase development over 50 acres of land which currently is in the County and we are asking that to be annexed in it's entirety and allow us to develop this in the R-8 Zone~ which conforms to the MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #8 Comprehensive Plan. When I say duplex I mean that we will have, we are proposing to develop more of a townhouse type of affect rather than a duplex affect. We are trying to create one unit that would have a zero lot line and individual owners. This first phase has about 47 single lots on it, if we were to go to single family based on the minimum square footage criteria we would reduce that down to about forty one lots. If we get approval on the annexation we may increase the square footage of those lots in order to further take advantage of the market that exists right now. That is 211 total lots of development. I see this as possibly a four phase development and certainly there is a possibility for these phases to be back to back but I think there would be more consideration to the market rather than just push one right after the other. We are proposing a green belt buffer around the development. Part of the green belt is by ordinance in order to create a buffer to the railroad we're proposing the create not only a burm but also a green belt zone along the railroad tracks. At the time of the development we may also come in to request a variance to place a fence on top of the burm. We also have the eight mile lateral, we are proposing at least for the initial development on this side of the eight mile to put a green belt and connect that out with Pine. Homeowners would maintain the green belt. Lastly one of the conditions that was put upon us by the Planning and Zoning was to restrict access to Pine throught the public right a ways. Lastly the end areas, it's kind of up in the air right now} but those do work well for retention ponds for storm water. That's just one possibility. Kingsford: How tied down has P & Z put you in terms of that concept plan? Powell: If we went with the entire development in the duplex mode we could certainly get alot more lots out than we have. I don't think that the market over here would ever yield itsself to a total duplex mode. Kingsford: I feel more comfortable with a planned unit development. Powell: I understand your concern when you've got a multi-phase development plan like this, you need to have a concept that you are fully comfortable with. Myself and the developer are both comfortable with the layout of the streets and the overall layout of the lots. Kingsford: Again, I'd like to see some stipulation that they are owner occupied and that we have some kind of control over that development as it proceeds. I have some real problem with just granting an R-8 Zone. Giesler: What is the proposed square footage of the homes that you have planned? Powell: Basically for now basically the square footage will meet that that is required for the zone. We are trying to create something other than a minimum housing area. Tom Geile, 2150 West Pine, was sworn by the attorney. Geile: Where do you intend to run the wastewater out of there? Powell: It's going to be retained on site. Geile: I didn't see anything in regards to duplexs 1n the information that we received. I think that it has already been addressed. MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #9 Bob Strosser, 3165 N. Meridian Rd.} was sworn by the attorney. Strosser: This seems to me like it is really crowded. I just don't particularly like the sounds of it very well. This sounds like the type of development that will have alot of small children, and with the railroad right there. Kingsford: I would like to enter into the record a letter received from the Meridian School Board. Is there anyone else to testify, hearing no response, I will close the Public Hearing. Crookston: The concerns are adequatly addressed. Giesler: I have a question regarding the zoning, I feel that we need to get that up front right now. I also feel like we need to have a little control over what happens out there. We have so many minimum square foot lots out there right now and we have more waiting to come in front of us. I'm getting a little concerned about having so many of them, I wish that we'd start working towards the larger lots and larger homes. Kingsford: I agree with Bob's comments. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law as prepared for Planning & Zoning. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers- Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to have the City attorney prepare a annexation and zoning ordinance. Motion Carried: All Yea: ITEM #8: REQUEST FOR WAIVER ON SEWER AND WATER AT 398 SOUTH LOCUST GROVE ROAD BY MARSHALL SMITH: Erv Sinclair} representing Marshall Smith. We've submitted a letter of application to the Ada COunty Zoning and it has been approved by them. Kingsford: This would be one split} and your talking about building another building and it would be on a septic system because your over 300 feet from the sewer. Crookston: You need to make it clear that you are dealing with this specific occassion. Every application will be met on it's own, your not setting any particular precedence on a split of this nature. The Motion was made by Myers and seconded by Yerrington to approve of the waiver on this particular parcel setting no precedence and setting no particular guideline in the future. Motion Carried: All Yea MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #10 ITEM #9: DEPARTMENT REPORTS: Eng. Smith: I've been in contact with Bell Engineers concerning a proposal to do engineering for us on the sewer and water line that the Council approved to be constructed in Meridian Road from approximately Cherry Lane north to Ustick. Bell Walker came back to me with a proposal to incorporate the water and sewer lines on the existing roadway plans that they had developed for the Ada County Highway District. I wanted to get the Council's approval to have the contract to have the Mayor sign the agreement. It's $8,459.00 to do that work and that would be including it in the bid proposal for the Highway District so that it will be bid with the construction of the roadway and it'll be all done by one contractor at the same time. The Motion was made by Myers and seconded by Tolsma to approve for the Mayor to sign the contract. Motion Carried: All Yea: Eng. Smith: In order for the Highway District to coordinate the payment of the contractor and then we would reimburse the Highway District, there is a document calleda joint effort agreement that needs to be signed by the Mayor and City Clerk. Basically it authorized the Highway District to conduct business for the contract to install the sewer and water and they pay the contractor and then the City reimburses them for handling that contract. We will be doing the inspections on both the sewer and the water. The Motion was made by Tolsma and seconded by Myers to approve of the Mayor and City Clerk signing this document. Motion Carried: All Yea: Yerrington: in our City. The City received a letter about how well Sanitary Services is doing It was a real nice letter. Tolsma: The Council all got a letter that Gary prepared for the cost of pressurized irrigation systems. Kingsford: Did you address in there still the concerns of cross connections? Eng. Smith: When I say shallow, the well at Clarinda Fair is 60 ft.. I would say that the water that is being pumped out of there is not to bad of water from a quality stand point. Further Discussion. (TAPE ON FILE) Kingsford: I would recommend that you consider granting a per lot fee that is reconsidered every year in lieu of putting in that system. Discussion. (TAPE ON FILE) MERIDIAN CITY COUNCIL MARCH 19} 1991 PAGE #11 Kingsford: We have a quote from Messuri, Bates & Gibbons for the next year to do the audit for $4,000.00. The Motion was made by Yerrington and seconded by Myers to approve of Messuri, Bates and Gibbons to do the audit for next year. Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to adjourn at 9:30 P.M.: Motion Carried: All Yea: (TAPE ON FILE) APPROVED: ~~/6;~' ATTEST: '?r-6~ , CITY CLERK pc: Mayor & Council, p & Z Members, Atty, Bldg.} Eng., Police, Valley News} Statesman, Gass, Stuart, Ward, ACHD, NMID} CDH, Settlers Mail ( 8 ) File(8)