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HomeMy WebLinkAboutCesco 1995 MinutesMeridian City Council May 16, 1995 Page 62 now there is no sewer trunk line built for whatever the reason than what do we do take an owner that had nothing to do with this application and shut him down? I think that would also be there to protect the interest of the owner. So that would be a point of discussion from my standpoint. Kingsford: Any other comments? I think that Ron was agreeable to that when we discussed it earlier. I don't think that it was necessarily his preference. Walt's point is well made, if we are just (inaudible) than a consortium. Is there a motion? Morrow: Having said that, I would make a motion that we grant Ronald Van Auker a temporary septic system to last no longer than May 16, 1996 and that we require a pre- payment of the hook up fees at point of building permit and that we require a bond completion bond for that portion of the sewer trunk line as it extends from where it currently exists to this property. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the temporary hook up to septic system that it approved through May 16, 1996, that they pay a hook up fee to the sewer system at this time and that they provide a bond to extend the sewer from its current termination to this site, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: WRIGHT BROTHERS/CESCO: REQUEST FOR A TEMPORARY HOOKUP TO A SEPTIC SYSTEM: Vance: My name is Michael Vance, during 1994 an annexation took place generally over on the intersection of Eagle Road and Overland in the area of the Par 3 golf course, you perhaps knew it as the Peck annexation. There was a whole list of conditions of approval that went with that annexation. They mainly had to do with a development agreement. Most of that having to do with a subdivision. Our client is going to hopefully buy the entire piece and place a heavy equipment sales and service facility on the site. They would take up the entire site. Unfortunately the site is located on the south side of the freeway, the interstate and the sewer is located on the north side of the interstate. There are however, there has been discussions over the last month or two about bringing the sewer underneath the freeway. The sewer line has to be bored underneath the interstate. What we are requesting the Council approve is a temporary septic tank solution so that Cesco might be able to move onto this site, the entire site, the entire site that was covered under this annexation. Unfortunately I can't give you a time limit for this. My alternative to this short of a bond which I am not sure we could even cover what we have done in the past Meridian City Council May 16, 1995 Page 63 is do a recordable agreement that runs with the land, it runs not only with the present owner but with future owners, and that agreement basically states that first of all they have to hook up to the sewer. They have to enter into a pay back agreement either with the City or the developer who ends up bringing that line underneath. The septic tank has to be removed and it has to comply with Central District Health Department requirements and those sorts of things. I gave Shari a copy of that agreement or a draft and I don't know if it made into your packet or not. That is certainly a thought that we could do. I am not sure how we would do the bonding. We would certainly agree to paying the sewer hook up fee if it was required. Basically the size of the facility, while looking big on the outside really has a couple of bath rooms and a probably a small kitchen facility. I believe I gave public works a number of fixture units that were equivalent to about 2 residential homes. So with that I would request that we be allowed to have a septic system on a temporary basis for this Cesco facility. I would be happy to answer any questions? Kingsford: Questions of the Council? Yerrington: How long of a period of time would you want it? Vance: Well, once the facility is in there, this is the difficult part, once the facility is there how do we determine what a legitimate period of time is. My own thoughts are that I don't think there is any question the sewer is going to come underneath the interstate and that there is property located directly east of the Peck parcel already has I think it is a 15 or 20 foot utility easement where sewer is supposed to come down to Overland Road and then go down toward Eagle Road. That is a very difficult question to ask because if we say it is for a year or 2 years or 6 months and that doesn't occur what do we do? I think with the recorded agreement and payment of the connection fee I don't think there is any question that you could certainly force the owners of the property into hooking up to the sewer the moment that it is there, in fact hooking onto it as it goes by and as soon as it is tested and accepted by the City. It is just the horrendous cost of trying to get one sewer service onto the opposite side there. There is a sewer line that exists, I think it is just to the west of the Par 3 golf course now and they are not allowing any further service into that line now so it has to be an alternate line brought over. One that I think is being brought over to the St. Luke's Hospital. Kingsford: Any other questions? Is the Council prepared to take action? Morrow. I would like to have some comments by City Engineer Smith. Smith: Mr. Mayor and Council members, there aren't any plans at this point to extend the sewer under the interstate. There has been an awful lot of discussion from property owners on that side of the interstate concerning the sewer availability thereof. But at this Meridian City Council _ __ . ,_ May 16, 1995 Page 64 point there are no plans, there have been no proposals. We don't know for sure where the sewer is going to be, we do know that the facility plan shows a 10 inch diameter sewer line extending along the boundary line between this parcel and the Thomas parcel to Overland Road. It also shows sewer line extending along the south boundary of the interstate off ramp to the south and east. Beyond that there are no plans, there are no time periods established. It is a crap shoot at this point as to when that happens. I think it is going to happen with all of the activity that seems to be going on over there including the mall proposal that sewer line will have to cross the interstate. The applicant is correct that once sewer line is adjacent or within 300 feet of his property they will connect, that is an ordinance requirement, they shall connect. At that point they would be required to pay a late comer fee as would be assessable to the construction of that line also. The only thing this does is just like the same conversation that the Mayor and I and Councilman Morrow had with Van Auker's in terms of taking a piece of property out of the picture for contribution to the extension of sewer line or the cost of that extension. But it is a relatively small parcel compared to the other pieces over there. Gary Voigt's parcel to the south of Overland Road is about 90 some acres, 300 lots, this is the sewer line that they would need for that parcel to be developed. Morrow. I guess part of my question would also be is that our conditions of annexation and zoning what do we, did we spell out any conditions in those annexation and zoning documents that indicated that sewer was a requirement of development. Kingsford: I think that is why he is asking for a variance. Vance: I will read it to you here, it is actually the first one that the applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. The water is not an issue because it is there and it can be extended. That is really the purpose of my request tonight is to ask for a variance or a relaxation of the first paragraph such that we can, we can comply with most of the other ones even though they deal with subdivision issues which we are not subdividing. We are not asking for anything it is just a relaxation of that first paragraph. There is no question they want the sewer. Morrow: This is the entire parcel of ground? Vance: The entire parcel of ground, I don't know if you have seen, Mayor may I? (Inaudible) it is not going to he subdivided, it is not going to be cut up. Really most of the issues that we have dealt with during the development agreement plan or a lot of them will be taken care of. There is a ditch going through that will be tiled but most of the other issues really deal with the subdivision as it is developed and there is no final plat there is nothing. Meridian City Council May 16, 1995 Page 65 Kingsford: Certainly I think this is a continuation of the land uses in that corridor of Overland and the freeway. I think we will miss an opportunity if Council doesn't grant this temporary variance. I know for certain that the applicant is looking at other parcels in Meridian that have been unsatisfactory for a variety of reasons. I think that is a good use for that property. Morrow. To add to that I don't have a problem with any of that. I do think that we need to put some safe guards into the proposal so that it is very well understood by all parties today and in the future that when the sewer gets there (inaudible). Kingsford: I haven't read it but I like his agreement that he spoke to. I think that is a fairly good safeguard. It is a little different than what we were talking about with Mr. Van Auker because he is talking about a number of parcels that are going to be in his group developing, this is a single parcel with a single owner. Morrow. Well, coupled with the fact here is we have a project here that is literally a long ways away from the sewer and that doesn't apply in the Van Auker case. Smith: Mr. Mayor, a couple of things, the house that is presently on the parcel is that going to be removed? Okay, the second thing is the location, do you know where the location of the water is at this time? Vance: It is my understanding that it is very close the to Par 3, we initially thought it was at Locust Grove and Overland and have since found out it that it is some 200 to 300 feet along Overland. Smith: It is on the east boundary of the driving range, so you would be required to pick it up at that point and extend it to your east boundary and it is a 12 inch diameter water line. Vance: That is correct. Smith: I was wondering, the other thing, the conditions of approval for this, Shari was mentioning that a development agreement would be required for the project. That those agreement conditions for future connection could be part of that. agreement then too. Vance: Would there be a late comers or what t call a pay back agreement allowed on the 12 inch water line? Smith: Yes, there are provisions in the ordinance for that late comers agreement, you probably should get a copy of those and review them so you understand what conditions those are. Thank you. Meridian City Council May 16, 1995 Page 66 Kingsford: Is Council prepared to make a motion? Morrow: One more comment, in conjunction with the development agreement you are aware in the City of Meridian we require an occupancy certificates and subject to completion of the project for our occupancy. Vance: Well aware, we have been through it many times. Kingsford: Is there a motion? Morrow: Mr. Mayor, I would request that or I would move that we grant the request for a temporary hook up to a septic system for the Cesco dealership as described in the application and that as soon as sewer service is available that the property be required to hook up to the sewer service, that the original hook up fees would be paid at time of building permit, and that any late comers charges or additional fees with respect to the cost of that trunk line be assessed at time of hook up, to and including a development agreement executed by the applicant and City of Meridian. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the request for a temporary hook up to a septic system for Cesco Enterprises, requiring the hook up fee to be paid at the time of building permit that they be willing to pay a late comer's agreement into the development of that line and that they enter into development agreement with the City at the time of permit, before the time of permit, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: BOLO'S PUB AND EATERY: REQUEST FOR BEER AND WINE LICENSE: Kingsford: Chief, do you have any problem with that? (Inaudible) Kingsford: Entertain a motion to approve the beer and wine license for Bolo's Pub and Eatery. Yerrington: So moved Corrie: Second