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HomeMy WebLinkAboutCity Council Minutesproposed Locus# Grove Place Subdivision by Wardle and Associates -west of North Locust Grove Road and south of East Fairview Avenue: Approve as Amended H. Findings of Fact and Conclusions of Law for Approval: CUP 02-041 Request for a Conditional Use Permit fora Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates -west of North Locust Grove Road and south of East Fairview Avenue: Approve I. 2003 Sewer Cleanina Project -Award Bid: Approve J. 2003 Touchmark Crossing Water Main Extension -Award Bid: Approve K. Change Order No. 1 White Drain Sewer Trunk Project: Approve L. Sanitary Sewer Easement -Jim and Shirley Cobble (for Tuscany Lakes Subdivision): Approve M. Approve Bills: Approve 4. Department Reports: A. Public Work's Department -Brad Watson: 1. Request for Sewer Service -Anthony Mahaty, 2075 West Franklin Road: Will get more information B. Mayor's Office -Mayor: 1. Parks and Recreation Commission Appointments: H.R. Bud Porter: Approve Andee Stockton: Approve 5. (Items Moved from Consent Agenda) 5-G 6. Ordinance No. Meridian Police Department Rules and Policies: Table until March 18, 2003 Meeting 7. Continued Public Hearing from January 28, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to March 18, 2003 Meeting Meridian City ComcA Agenda- March 4, 2003 Page 2 of 4 All materials presented m public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents anNor hearing please canted the City Clerk'a Office at 888-0433 at least 48 hours prior to the public meeting Meridian City Council March 4, 2003 Page 3 of 51 L. Sanitary Sewer Easement -Jim and Shirley Cobble (for Tuscany Lakes Subdivision) M. Approve Bills: Corrie: Item 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move -- well, we -- I better take Item G, we moved to regular Item 5-G on the Regular Agenda and the rest of it I would move that we approve and for the Mayor to sign and the Clerk to attest on the proper papers. McCandless: Second. Corrie: E xcuse m e. Motion h as b een made a nd s econded t o a pprove t he C onsent Agenda with moving Item 3-G to 5-A. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. Public Work's Department- Brad Watson: 1. Request for Sewer Service -Anthony Mahaty, 2075 West Franklin Road: Corrie: Department Reports, 4-A, Public Works Department. Brad Watson. Watson: Thank you, Mr. Mayor and Council Members. You should have in your packets a letter from a Richard Kartchner requesting connection to the city sewer system, specifically, without annexation. This property is on the south side of Franklin Road, west of Linder Road, directly across Franklin from the Sanitary Services site being developed currently. They came to me a week or so ago requesting this very specific ability to have only sewer service, no water service, and not to have to annex. The ordinance allows the Public Works director to approve up to four equivalent connections for residential use. They have stated that this will be a church project, so that's why it is in front of you. I feel like I'm leaving out some facts, but if there are any questions I'd be happy to answer those. Meddian City Counal March 4, 2003 Page 4 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, could you explain that to me again? You said they want to connect to the sewer system, not the water system, or the other way around? Watson: Council Member Nary -- or Council, that's exactly right. They only want to be able to connect to sewer out to Franklin Road that was built as part of, I think, Caparelli Subdivision. Nary: But they don't want to be annexed now or agree to consent to annex when they are contiguous to the city? Watson: Councilman Nary, they are currently contiguous to the city. This is sort of an unusual request. Nary: Oh. Watson: If anyone else did this, we would say, sure, submit an annexation application and you can connect. This request came in, so -- because the Public Works Director can't specifically deny something that is not residential, that's why it's before you. Nary: And I'm looking at the letter that's submitted from Kartchner Engineering and I guess I don't see anything in here that tells me why they don't want to consent to annex so is somebody here for them that is going to explain that? Watson: Councilman Nary, Mayor and Council Members, I don't see Mr. Kartchner. I don't know anyone else associated with this project. I don't know that there was ever a reason given to me in my phone conversations, even, other than they simply didn't want to be within the city and were forging forward with an Ada county application. Nary: When I look at this letter it says the owner would agree to annex into the city and connect without the need for a lift station into this waste main in the future. Watson: Right. That's the fact I was leaving out. Nary: Oh. Watson: This is in a different drainage area that doesn't actually gravity sewer to the existing sewer. It would be part of the Black Cat system in the future. In order for them to connect right now, they need a private on-site little pump station or septic pump or something. Eventually, that property needs to sewer back into a line that would be south of them and part of the Black Cat system. Meridian City Council March 4, 2003 Page 5 of 51 Nary: So --and maybe I'm just slow tonight, but -- so is this -- so is this -- basically what they are saying is that they might consent to annex at some point in the future, but they are not agreeing to annex now, since they are already contiguous, and that would be different than what we have normally done in the past on these kinds of requests? Watson: Councilman Nary, I think that's correct. It is different, because, like I said, anything that's currently contiguous, they submit an application and that's how they get the water and sewer service, unless there is some agreement or some other action the last couple years that I'm not remembering. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De W eerd: Brad, I don't know -- when he mentioned temporarily connect, why just temporary? Is it -- maybe I'm slow like Mr. Nary tonight. How can you temporarily connect to a sewer system? Watson: I believe, Council Member de Weerd that his meaning behind this is that he would temporarily be pumping into this line in Franklin until the line south of the property that it should properly drain to is constructed. That's how I have interpreted the letter. If I could just back up a little bit? You know, I think there is one reason that they want to connect to the sewer without annexing and it mostly has to do with the cost of a septic system. I recall that coming up during our conversation, that it's much cheaper, obviously, to put in a little grinder pump and pump into the sewer, than to construct a septic system for a facility like this. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, are they proposing changes to the existing house to accommodate this and -- I guess I don't understand why, if they are interested in annexing in the future, why they just wouldn't annex now and is their intention to annex in the future when they would connect to the appropriate line? What would trigger the annexation? Watson: Council Member de Weerd, that's a good question. I don't know. I could take some of these questions back and propose them in written form to the applicant and see if they have a good answer for them and them to appear before you before you make a decision. De Weerd: Okay. That sounds like an excellent idea. Meridian City Council March 4, 2003 Page 6 of 51 Corrie: There are too many questions there that are going unanswered that I couldn't make a decision. Well, Council, do you agree that we need to go back and talk a little bit more on this? Okay. Brad, if you will do that. Watson: I will. Thank you. 2. Appointment to Parks and Rec Committee. Corrie: Thank you. The other item on the Department Report was my appointment to the parks and rec committee. We had two openings in the parks and rec commission and I would like to -- I think you all have the names there and they are -- what they are doing. Two of them I would recommend would be H. R. Bud Porter and Andee Stockton. Mr. Porter would -- his term would be up in January 2005 and Mrs. Stockton would be up in 2004, January the 15f. I would submit those two names for the Council to consider and to approve, then, I will let them know. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve your nominations of H. R. Bud Porter to a term on the Parks and Recreation Commission and also for Andee Stockton to a position on the Parks and Recreation Commission. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Mayor's appointment to the P arks a nd R ec C ommittee. A ny f urther d iscussion? A II t hose i n f avor s ay a ye. Opposed no? All ayes. Motion carried. I'll let them know in the morning, then. Thank you. MOTION CARRIED: ALL AYES. Item 5. (Items Moved from Consent Agenda) G. Findings of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision by Wardle and Associates -west of North Locust Grove Road and south of East Fairview Avenue: Corrie: Item Number 5 is moved from the Consent Agenda, which was Item G, and this is t he F findings of F acts a nd C onclusions of L aw for approval of t he Preliminary P lat approval of 74 building lots and 11 other lots on 11.76 acres in a proposed R-40 and C- Czone for the proposed Locust Grove Place Subdivision. At this time, Brad. for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. for Wolfe Commercial Enterprises, LLC. -West Alden Drive, southwest comer of West Franklin Road and Southwest 7th Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 02- 029 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.66 acres in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnace Engineers, Inc. -West Alden Drive, southwest corner of West Franklin Road and Southwest 7th Avenue: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 02-045 Request for a Conditional Use Permit for a Planned Unit Development for 19 single-family attached units in a proposed R-15 zone for proposed Scottsdale Villas Subdivision by Pinnacle Engineers, Inc. -West Alden Drive, southwest corner of West Franklin Road and Southwest 7"' Avenue: Approve G. ACHD Road Widening Franklin Road Project /ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): Approve H. Sanitary Sewer and Water Main Easement Agreement with Ed and Shirley Bews: Approve Approve Bills: Approve 5. Department Reports: A. Public Work's Department -Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service -Anthony Mahaty, 2075 West Franklin Road: Approve 6. (Items Moved from Consent Agenda): Nothing 7. Ordinance No. 03-1012 AZ 02-027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Approve 8. Tabled from March 4, 2003: FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones Meridian City Camcil Agenda -March 1 L 2003 Page 2 of 3 All materials presented at public meetings sball became property of the City of Meridian. Anyone desiring accommodalian for disabilities related to documerds and/or hearing please ooMad the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. Meddian City Council March 11, 2003 Page 4 of 43 G. ACRD Road Widening Franklin Road Project 1 ROW Purchase Agreement (Fire Station and Storey Park Franklin Road Frontage): H. Sanitary Sewer and Water Main Easement Agreement with Ed and Shirley Bews: I. Approve Bills: Corrie: Item No. 4 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Corrie: Okay. Motion made and seconded to approve the items on the Consent Agenda through I. Any other discussion? Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 5: Department Reports: A. Public Work's Department -Brad Watson: 1. Continued from March 4, 2003: Request for Sewer Service -Anthony Mahaty, 2075 West Franklin Road: Corrie: Item No. 5 is the Department Reports. Public Works Department, Brad Watson. Watson: Thank you, Mr. Mayor, Council Members. This is a continuance of an item last week requesting sewer service to a property that's not within the city limits, but is contiguous to city limits. As you recall, I discussed briefly the proposal last week and you had asked m e to contact the a pplicant, so that he could a nswer some of those questions for you that I could not. I do see Mr. Kartchner in the audience tonight and I will turn it over to him. I don't have anything to add from last week, so -- Corrie: Give your name and address, please. Kartchner: Richard Kartchner, 4325 North Ten Mile, Meridian. Corrie: Thank you. Anything you want to say differently or -- Meridian City Council March 11, 2003 Page 5 of 43 Kartchner: The -- I guess the only thing that I want to say in behalf of my client is that he would like to get his double-wide trailer onto his property as soon as possible and we were afraid that going through the annexation process was going to take three to four months. Is that appropriate? So, it's a time issue. That's the only issue that we are dealing with here. We presently have an application for a Conditional Use Permit in the county, which we expect approval on before -- you know, shortly. So, that was kind of the plan, get the double-wide moved on as quickly as possible for Mr. Mahaty, so that he could stop having to pay excess rent where his lease is running out. Corrie: Brad, is -- I've got a blank mark here. Is this property contiguous to the city? Watson: Mr. Mayor and Council Members, this property is contiguous across Franklin Road from -- well, perhaps not Caparelli Sub, but to the west of that -- the property on which Sanitary Services is currently trying to build their facility. Corrie: Okay. And, then, they are requesting just sewer service, not water? Kartchner: Right. Corrie: Council, questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De W eerd: I guess -- correct me if I'm wrong, Brad, but I think we have connected someone in the past -- I think it was more because they had an immediate need, because their system had failed, but, then, they agreed to start the process at that time to begin the annexation process. Have we done that before? Watson: Council Member de Weerd, you're correct, there was one last summer that drifted into fall, but it was an emergency request for a connection to the sewer system and they did file for the annexation application and I believe that was approved and the ordinance passed here in the last three or four months. De Weerd: And I realize the reason we did that was because of the emergency situation, but is that something that -- I guess that would be a consideration at this point? Could it be a consideration at this point? Would staff support that? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, we have extended services in the past such as -- there was a church on Locust Grove Road, if I recall correctly -- services were provided to that facility. It wasn't that they were -- you know, that they had a system failure, that was a new construction, but they agreed to annex when contiguous and I think we have provided in the past services to properties who have signed a Meridian City Council March 11, 2003 Page 6 of 43 consent to annex, filed a petition for annexation, have been allowed to hook to the services and let the annexation take its course. So, it wasn't that the annexation had to occur first, there just had to be an agreement -- irrevocable agreement to annex first before the services could be provided. I know that that's been done in the past. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, we could perhaps entertain a motion to the effectthat extending the services upon receipt of the application for annexation. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: But the other question here is that all they are asking is to hook to the water, not to sewer -- Bird: Sewer, not to water. Nary: Or sewer, not to water. And, normally, we haven't extended one and not the other. It's all or nothing. You know, you can't have half. Can't have half the load, you got to have all of it, only because we don't have another method to come back -- otherwise, to come back and get the water hooked up. So that's our method, is that if you want to be annexed into the city, then, you have to comply with those requirements and those requirements come together. Kartchner: Is there water in front of that property? Watson: Mr. Mayor and Council Members, today there is not water in front of that facility, but the plans that Sanitary Services is preparing and is, actually, in my office for review right now has that water line across the frontage. Nary: So, as long as the requirement was that you had to hook to the water services when it's available and the sanitary -- and the sewer services now and you could apply the application, it's not a timing thing, that won't be a problem. Kartchner: I don't believe so. There is one other issue, however, and that is the sewer connection is going to have to probably, as understand it, Brad, be a pumped sewer; right? And we are going to have to lift to a location down the road from us about 400 feet away. So, the actual sewer that we would eventually hook into and gravity flow is not going to happen for some time. And so I would guess that the client would be responsibility for putting in that entire pump line; is that correct? Watson: Mr. Mayor and Council Members, Mr. Kartchner is absolutely correct. We wouldn't extend facilities to them, they would be simply be allowed under this approval to plug their private -- it's not a lift station, but pump to our facility and, he is right, that Meridian City Council March 1 t, 2003 Page 7 of 43 property is designated to flow southward into a future trunk that comes off the Black Cat Trunk in the future. So, this would be a temporary solution. Corrie: So, they would be in agreement that they could hook onto the sewer, pump where he needs to pump, and as soon as the water is there and the sewer is there, he has to start the application for annexation to the city. Is that correct what you're saying? Council, Imean -- Nary: He has to do the annexation now, he can hook to the water when it's available, and he can hook to the regular sewer line when it's available, but he can hook to the pump station now. Kartchner: And I'm sure my client would want to do both of those things. Corrie: I just want to make sure that everything is in line here. Okay. De Weerd: Mr. Mayor? Corrie. Mrs. de Weerd. De Weerd: I guess I would just ask the attorney to make sure that the language is there, so when that permanent trunk line is established, that we have a mechanism to get them to hook into the correct sewage line. I think we had a couple of problems in the past and just pay particular attention to that. Kartchner: Is that something I would wait for the city for some sort of document? Nichols: Mr. Mayor, Members of the Council, we have a standard consent agreement and we would simply include in that agreement some recitations about the future gravity -- you know, when that -- when that pump would have to be disconnected and when connection would have to be made to the gravity system. Kartchner: And you would draft that agreement or provide that for me? Nichols: In fact, I think the last several -- I can't recall -- excuse me, Mayor -- if we have been drafting them or Public Works has been using the form, but I think we drafted them with input from the Public Works Department. So, we -- we don't do a lot of them, we probably do a couple three a year, and the last -- the last one I remember doing was one where once the agreement was signed, then, the services were provided and they also applied for annexation and that went through the process, so -- Corrie: Before you leave. Kenny? Bowers: Mayor Corrie, City Council Members, we have not seen anything yet from Ada county on this. Joe had looked about -- looked and talked to Ada County. We haven't received anything on this. Talking -- if it's going to become a church, we possibly are going to have to have water flow in that area. The closest fire hydrant there is now at this time, I believe, is at Interstate Battery. So, there is possibly going to be a water flow requirement for the church. Meddian City Council March 11, 2003 Page 8 of 43 Corrie: Is this going to be a church? Kartchner: Y es. A t p resent i is a s mall o ne. I t hink h e's -- well, his i ntent i s t o p ut a double wide on initially, just while he builds his main facility somewhere on the site and that's the conditional use we are applying to the county for right now. A temporary doublewide with a permanent building later on. Corrie: You have to meet the fire department's water -- the county and fire department has to be together on this with the water. Mr. Nichols. Nichols: Well, Mr. Mayor, Members of the Council, that's correct. I mean there may be, you know, International Building Code issues or fire code issues with regard to fire flow availability, but if Sanitary Sewer is going to be running water out in front of there in the near future, there will be sufficient fire flow -- it would be a hydrant. And I think probably will -- if it's not -- if a hydrant alone isn't enough, depending upon the size of the building, then, the water should be there with sufficient pressure to be able to do the things that need to be done on a permanent building. Corrie: Will the water be there when that building is there, though? I don't know. If you want to put that building up now, how long is it going to be before the water is there, Kenny? Bowers: Mayor Corrie, City Council Members, I don't know at this time how long the water to be there. The water might be there, but there probably won't be any hydrants on Franklin Road, that I know of. They would probably be back in the subdivision with Sanitary Services and the school district, but they might have to put one out on Franklin, possibly. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Members of the Council, just a reminder that we do have an agreement with Mr. Morrow that when the water is within a certain distance of his building, that he is to put in -- he's to extend the line and install hydrants for him and so I -- you know, I don't know that -- I mean if all it takes is an extra hydrant on Franklin Road, then -- I mean they are not cheap, but, certainly, to have a hydrant installed on Franklin Road would not be too burdensome with the water likes going -- because that's where the main line is going to go, isn't it, Brad, is down Franklin? Watson: Mr. Nichols, you're correct. Kartchner: Are there not some exclusions for hydrants if you sprinkle your building via code? Bowers: Mayor Corrie, City Council Members, yes, there is exclusions for that. They --. you can cut your water f low in half when you sprinkler a b wilding. So if you n eeded 2,000 gallons, you could probably cut it to 1,500 or 1,000 gallons a minute, somewhere Meridian City Council March 17, 2003 Page 9 of 43 around in that area. So -- but it doesn't take it out completely, though. You still have to have water flow. Corrie: Mr. Bird, you said something about a well? You started to say something? Bird: Yeah, Mr. Mayor. Idon't -- isn't there an existing exist well on this property? Kartchner: There is. Bird: Do you know what it pumps? Kartchner: I don't. It's domestic use right now, so probably not more than 40 gallons a minute. Corrie: Mr. Nichols, did we have a -- is there a clause that Mr. Morrow said that we are not responsible if they have a fire and can't do it? Okay. We might have to have the same clause in theirs. Nichols: Well, again, Mr. Mayor -- Mr. Mayor and Members of the Council, I think we are looking at different issues. This is an issue just to request municipal services and we are saying, typically, we require annexation as a condition -- an application for annexation as a condition for providing those services. The building and occupancy permits and all of those things are a different issue than providing the services and so I would look -- I would separate those issues and look at this one as to does it make sense, is there a reasonable request to extend the services. You do have water that's going to be in the road that would be available to provide the fire flow for just about any use. If it's going to provide sufficient fire flow for what Sanitary Services wants to do out there, it will be sufficient fire flow for a church. Corrie: I understand that, but -- in other words, you have to come back before he gets any permits? Nichols: Well, unless he has a permit from the county for a structure, but even, then, that's still -- it's anon-agricultural use, they still have to comply with all of the appropriate codes, still have to have the fire things, and so I don't think we are talking about some insurmountable problem where we are going to create a situation that presents life safety issues. Corrie: If you're satisfied, I am. Council, any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, will the agreement be drawn up and do we -- do we just get that on the Consent Agenda? And maybe at that time when it gets put on the Consent Agenda we can have a report from Kenny on --just an update on fire requirements, just to give you time to check with the county and talk with the fire department on that. Meridian City Council March 11, 2003 Page 10 of 43 - Kartchner: We have had one response from the county and I don't recall anything in there about fire, but we may want to talk to -- De Weerd: And the fire department comments separately from the county, because that is their area. Kartchner: And I don't think we have seen anything on this yet. I'm not sure what impact that's going to have as far as a conditional use from the county fire department, if it needs a fire hydrant and there is not the ability to put one in. I don't know what that's going to mean. De Weerd: But Kenny can work with our engineering department, our public works, and figure out the timing issues and how to get a fire hydrant out there. Corrie: Okay, Kenny. Bird: Mr. Mayol'? Corrie: Mr. Bird. Bird: I believe we need to make a motion approving this before we can get it back on any Consent Agenda or anything, so with that, if there is no more discussion, I would move that we approve the request for the sewer service and water service when available for Anthony Mahaty at 2075 West Franklin Road and that an application for annexation be applied for immediately and that all conditions that have been discussed can be found in the papers Nary: Second. Bird: And the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Motion has been made and seconded. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda): Corrie: Since no items were removed from the Consent Agenda - Item 7: Ordinance No. AZ 02-027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: