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HomeMy WebLinkAbout1990 10-02L - e i i A G E N D A MERIDIAN CITY COUNCIL OCTOBER 2, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 18, 1990: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY MOORE & WURST: (APPROVED) 2: PUBLIC HEARING: PRELIMINARY PLAT ON GOLF VIEW ESTATES #2, FINAL PLAT ON PHASE # 1 AND VARIANCE REQUEST ON STREET LIGHTS: (APPROVED) 3: PRE-TERMINATION HEARING WATER/SEWER/TRASH DELINQUENCIES: (TURN-OFF APPROVED) 4: APPROVE THE BILLS: (APPROVED) 5: REQUEST TO LEAVE TRAILER AT 728 WEST BROADWAY AVENUE BY JEHOVAH'S WITNESSESS: (TABLED UNTIL NEXT MEETING) 6: DEPARTMENT REPORTS: • L~ MERIDIAN CITY COUNCIL OCTOBER 2, 1990 Regular Meeting of the Meridian City Council called to order at 7:30 p.m. by President of the Council Ron Tolsma: Members Present: Bert Myers, Bob Giesler, Max Yerrington; Mayor Kingsford was absent: Others Present: Gary Smith, Walt Casey, Rod Medley, Gary Lee, Dennis Marshall, Sgt. Bill Musser, Jim Johnson, Kay Beumeler, Members of Scout Troop #30: The Motion was made by Giesler and seconded by Yerrington to approve the Minutes of the previous Meeting held September 18, 1990 as written: Motion Carried: All Yea: President of the Council Ron Tolsma welcomed Scout Troop #30 who were in attendance. Item #1: Findings of Fact & Conclusions of Law on request for Conditional Use Permit by Moore & Wurst: Tolsma: Council Members, are there any questions or comments, what is your decision? Giesler: I was wondering if there should be a limit as to the. number of cars that should be allowed on that lot. If they get to many units in there for sale there might not be adequate parking for the body shop. This is just a concern that I thought maybe we should look into. There was additional discussion on this, it was the concensus that they would need to meet the City Ordinance as far as parking requirements, which is two spaces for each bay-for the body shop and one third of the sales lot must be left open for customer parking. The Motion was made by Myers and seconded by Yerrington. that. the City Council of the City of Meridian hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: The Motion was made by Giesler and seconded by MYers that. the Meridian City Council hereby approves the Conditional. Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated in the Findings of Fact & Conclusions. Motion Carried: All Yea: Item #2: Public Hearing: Preliminary Plat on Golf View Estates #2, Final Plat on Phase #1 and Variance request on street lights: Tolsma: At this time I will open. the Public Hearing, is there anyone in the audience who wishes to testify on this request? Gary Lee, JUB Engineers, 1990 Turnberry Way, Lee was sworn by the Attorney: MERIDIAN CITY COUNCIL. • OCTOBER 2, 19.90 PAGE # 2 Lee: I would like to just briefly give you a discription of the project, this is an extension of Golf View Estates #1, we master planned the balance of the property, there is about 37 acres, there will be 97 single family lots, there will be seven common lots, that will be landscaped and main- tained by the Home Owners Association, the common lots along Cherry Lane will be included, density is 2.5 per acre, the project will be served by City water & sewer, the common lots will also be used for storm water, and also serve as park area, the lots as far as storm water are primarily for overflow, during normal times water should not reach those lots, the remainder of Golf View Estates will be designed for pressurized irrigation system, presently the Settlers Irrigation lateral traverses through the property, we will have to relocate that, we do not have a lot of water rightlfrom Settlers so we will need to supplement the irrigation system with 'shallow wells, the street lights a variance has been requested to install individual lighting on the homes with photo electric cells to activate the lights, the reason is that we want to maintain the same as we did in Golf View Estates #1 and also in Cherry Lane Village, we did review the City Engineers comments about some of the lighting requirements at some of the major intersections and we do concur that we would go at lights on Cherry Lane at those two intersections and at Black Cat also. I will be glad to answer any questions the Council might have. Myers: I noticed in the comments that there ought to be a street light at the intersection of N. Johnson Way and West White Ash Drive, that is not on Cherry Lane but that is a major intersection inside the subdivision is that one you are not going to do? Lee: I think I would like to set down and talk to the Council. about that lighting scheme, I think when that comment was made we did have that street going through the project, more of a collector status and that would appear to be a major intersection, since then we have broker: the street traffic pattern up in such a way that it should not be different than any other intersection inside the development. We will do what is required. Myers: I can appreciate that, it looks nice to have those house lights instead of the street lights, the only thing it get dark at some of those intersections where there is a light a long ways away and I know that going into Cherry Lane Village now there are several of those streets that are dark, maybe hindsite is good for the future. Giesler: This would be my only concern at this point also, the intersections within the subdivision itsself of having a light there, I realize we did not ask it in Golf View Estate #1 and I would maybe like to have you look into putting lights in that section also if it was possible, this is really important, I feel, I live in Cherry Lane Village on Sugar Creek and that is the same type of thing we are doing here and there has been a number of times I have .caught myself where it is so dark at those inter- sections, not necessarily with the cars, but there is so many people jogging and walking in that area, they are somtimes hard to see without the lights. I think there is something there that we really need to look at and we do not mean to put a burden on you as far as added expense or anything like that, I think we would need to see if we could not get that done and from now on any of these subdivisions, I think it would be something I would request. Lee: We will certainly review that: ' ^ • MERIDIAN CITY COUNCIL. OCTOBER 2, 1990 PAGE # 3 Tolsma: Any other questions of Mr. Lee? There were none, is there anyone else in the audience who wishes to offer testimony on .this issue? There was no response, the Public Hearing was closed: The Motion was made by Myers and seconded by Giesler to approve the Preliminary Plat on Golf View Estates #2 and the Final PLat on Phase I of this development: Motion Carried: All Yea: The Motion was made by Myers and seconded by Yerrington to have the City Attorney prepare Findings on the Variance Request on the Street Lights in Golf View Estates #2: Motion Carried: All Yea: Item # 3: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies: Tolsma: You have been informed in writing, if you choose to, you have the right to pre-termination hearing before the Mayor & Council, to appear in person~to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. Is there anyone in the audience who wishes a pre-termination hearing? There was no response. Due to their failure to pay their water bill or to present any valid reason why 'the bill has not been paid, their water shall be turned off on 10/17/90. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal the water will be shut off: The Motion was made by Myers and seconded by Yerrington to approve the turn-off list as submitted: Motion Carried: All Yea: Tolsma: The amount of the delinquencies this month is $12,003.15: Item #4: Approve the Bills: The Motion was made by Giesler and seconded by Myers to approve payment of the bills: Motion Carried: All Yea: Item #5: Request to leave trailer at 728 West Broadway Avenue by Jehovahs Witnessess: Tolsma: Is there a representative of the Church present? Rod Medley, I am the presiding overseer of the Jehovah Witnessess here in Meridian, for several years now we have had a traveling representative that comes through from ..time to time and most of ,the time he has a trailer and with permission of the City, he has parked there temporary, maybe five or six weeks out of the year, we have a new arrangement under. the. traveling MERIDIAN CITY COUNCIL • OCTOBER 2, 1990 PAGE # 4 overseer that he would like to leave his trailer here at our Kingdom Hall here in Meridian on a permanent basis, most of the time it will just be stored there and then he will be in from time to time to stay in it for a week or a weekend, it is a 30 or 35 foot Holiday Rambler TRailer, it is a nice looking unit, from the front of the Kingdom Hall and the street you cannot see the trailer, it set behind the wing as you. are traveling west on Broadway you cannot see the unit. We would like to have the City approve leaving the trailer thereon a permanent basis. Myers: Is that hooked up to City water & sewer? Medley: Yes, it. is, we have a regular hookup there, which we put in about 1973 when we built the Hall. Giesler: This is an RV type trailer? Medley: Yes. Giesler: Wouldn't that be a violation of our Ordinance? Somone staying in a RV unit. Attorney: In essence it is a mobile home, even though it is a RV, it is used as a residence, I think it falls within our mobile home, which requires them to be parked within a mobile home park, they would at least have to have a Variance. Giesler: It is hooked up to water & sewer, I think it would require a Variance request.The thing I am getting at here is if we allowed some- thing like this we would be setting a precedence, someone could pull one in and put their relatives in there for periods of time, behind their homes or etc. , it could maybe really get us into a jackpot and I am not certain I am really in favor of permanent type basis. I am not sure how the Ordinance is worded but they can do this for like 72 hours or such. I hope you can see where we are coming from, we could get a number of people asking for the same thing. Medley: What if we disconnected it while he is not staying in it, he will only be there from time to time? Giesler: If you kept it for the storage and within the Ordinance, I don't think there would be anything we could do about it, but 72 hours I think is the maximum on it. Myers: I don't think it would make any it from the sewer & water, if you were was hooked up or not wouldn't make any was not living in it. That is what you is living there more than 72 hours acc~ it is hooked up to water & sewer, I am that does it Counselor? difference whether you disconnected just storing it there, whether it difference, as long as someone are talking about is if someone ~rding to .the Ordinance. Whether not sure. the Ordinance speaks to Counselor: I have not researched it but I think there is, if it is used as a residence whether it is used throughout the year, whether it is on a two week basis, you know every other two weeks or once a week out of the month it is still a residence .same as if someone was in an apartment or a home, some people live in their homes during the summer and leave in the MERIDIAN CITY COUNCIL • OCTOBER 2, 1990 PAGE # 5 winter. I don't think there is much difference between that and this, I think it would have to be looked at as a mobile home, if he is going to reside in it. I would have to look at it further because I did not research it but I do not think it would be appropriate now to grant it without further investigation. Tolsma: We have granted temporary for office space and classrooms for up to six months. Giesler: That was for storage or etc. not to live in. There was more discussion. Myers: Maybe we ought to have the Counselor do some research on this and on the Ordinance and see what it says before we do one thing or the other at this point & time. Maybe table it until the next Council Meeting. Would that be satisfactory to you folks at this time? Medley: Yes, that would be fine, I have a question though can we leave the trailer there until the next meeting? Myers: I would think so. The Motion was made by Giesler and seconded by Myers to table this request'-. until the next City Council Meeting. to be held on October 16, 1990: Motion Carried: All Yea: Department Reports: City Attorney: I have two items, I had submitted a fee increase along with the budget and I would like to bring that up at the next Council Meeting, I beleive you have the proposal and I would like to ask that you look at that again. The other thing is that Mr. Swartz from our office is going be on vacation approximately the 25th of October for about. three weeks, we have contacted a previous Prosecuting Attorney by the name of Rob Chastain to help us out in case we need his assistance to handle the prosecution of the City load and we request that the Council take note of that and grant me permission to give him temporary status as Meridian City Prosecutor. He would be working under the same fee structure as Mr. Swartz. The Motion was made by Myers and seconded by Yerrington to grant the City Attorney to engage the services of Rob Chastain to assist in the prosecut- ion of City cases if needed while Mr. Swartz is on vacation: Motion Carried: All Yea: Giesler: One thing, we have one of our acting Police Chiefs here tonite, our Police Chief is in the hospital and will have back surgery tomorrow and will be laid up for some time, Sgt. Musser & Sgt. Robertson will be filling for him while he is in the hospital. One other thing where the weather has .been so warm are we going to summer average an extra month. City Clerk: Yes, we will extend the summer average an additional month. MERIDIAN CITY COUNCIL OCTOBER 2, 1,9.90 PAGE # 6 City Clerk: The annual whiffle ball game with the Chamber of Commerce is scheduled for October 11, 1990 and Councilman Giesler has again agreed to be the Coach of the City Team.The other item as far as I know at this time we are progressing along with the new Area of Impact Agreement with the County and are planning on having a Public Hearing on October 30, 1990. Being no further business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn at 8:05 p.m.: Motion carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: NT KINGSFOR , R A'~TEST Jacl~ Nisi~'ann,/City Clerk pc• Mayor ~ Council P & Z- embers _._ Atty, Eng, Fire, Police Ward, Stuart, Gass, Hallett, Valley News Statesman, ACRD, NIMD, CDH, SIRD, ACC Bld. Dept. File (3) Mail (3) ~e~ioua s tf~Tifnesses Meridian Congregation P.O. Box 313 Meridian, Idaho 83642 September 28, 1990 Mayor and City Council 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Permanent Residency of Trailer Home Dear Mr. Mayor and Members of the Council, Please consider our application for a permit to store a travel trailer next to the Kingdom Hall of Jehovah's Witnesses at 728 West Broadway Avenue in Meridian. In the past, this or similar trailers were issued temporary permits for this location. We would like to request a permanent permit. This well kept trailer will be used primarily for storage, but could be used by visitors on occasion. We assure you that all city codes will be complied with, and, as in the past, full consideration will be given to our neighbors. Thank you for your kind consideration. Si erely, i,2G:C~c ~~ Rod Medley COUNCIL MEETING OCTOBER 2ND TURN OFF LIST OCTOBER 17~ 1990 ACCOUNT # NAME & ADDRESS AMOUNT 111 DOUGLAS ANDERS 37.10 726 W. BROADWAY 360 TED J. NELSON 69.30 417 W. BROADWAY 462 DENNIS MENCER 44.60 821 W. 2ND ST. 954 MARK RIGEL 32.95 903 W. 2ND ST. 3252 MARYANN NEWKIRK 45.90 847 W. PINE 3262 DENNIS F. TAYLOR 104.80 801 W. PINE ST. 3312 SANDY MYERS 87.85 519 W. PINE AVE. 3342 JEFFREY R. HARRIS 40.60 231 W. PINE AVE. 3442 CAROL CAHILL 72.20 1435 W. 1ST ST. 3538 STEVEN MORTENSEN 153.50 1338 & 1340 W. 4TH ST. 3588 CLAY O'DELL 49.90 224 CHERRY AVE. 3598 DENNIS GOLIGHTLY 69.20 313 CHERRY AVE. 3622 RUSSELL L. MCFARLAND 107.60 1217 W. 1ST ST. 3652 LISA L. COX 70.90 1230 W. 4TH 3686 LARRY K. MEEK 110.60 1432 W. 4TH ST. 4086 PAUL PACK 85.60 1323 W. 4TH ST. 4366 WALTER RYAN 78.10 1131 W. 7TH ST. ~r i 5340 THOMAS A. PIEPMEYER 97.40 1231 ELM COURT 5568 TOMMY VINCENT 77.90 1329 W. 13TH AVE. 5612 JOLAND DUSKIN 92.80 1430 W. 14TH ST. 5696 DANIEL J. HARDEE 97.40 1528 CINDER RD. 5698 GEORGE EARLEY 80.00 1536 N. CINDER 5826 DWAYNE MORRISON 64.10 1121 W. 15TH AVE. 5830 KENNETH WEATHERS 56.65 1527 W. WASHINGTON ST. 5848 MONA NIMMO 87.60 1327 W. CARLTON ST. 6584 LISA WULF 79.20 918 W. WASHINGTON 6590 J.W. MARSHALL 38.70 932 W. WASHINGTON DR. 6592 FREDRICK J. SHADDICK 76.50 1002 W. WASHINGTON DR. 22140 THOMAS LINK 99.90 1920 INCLINE WAY 22170 STEVEN MEDLEY 122.70 3761 WOODMONT DR. 22354 TAMARA ALLISON 144.30 2024 INTERLACHEN WAY 22466 CHARLES W. BRYAN 110.50 3630 QUAKER RIDGE DR. 25988 LINDA WARD 65.10 3807 HARBOR POINT DRIVE 28860 JIM HUGO 95.90 1602 TODD WAY 30824 HEIDI BUFFI 62.50 2030 TODD WAY • 30830 KENDRICK WALLACE 90.00 2140 TODD WAY 30852 RICHARD L. HALL 103.90 2212 MAXIE PLACE 30926 JON D. MANIER 146.30 1911 MARIANNA PLACE 30946 RONALD SCHREINER 61.90 2001 TODD WAY 30994 DONALD BLAKESLEE 101.60 2611 MISTY DRIVE 30996 BARRY H. MUIR 104.80 2585 MISTY DRIVE 31002 VAL WESTERGARD 86.85 2551 MISTY DRIVE 31088 PATRICIA KOBERSTEIN 60.25 1810 W. CHATEAU DR. 31106 JEFF R. BURROUGHS 124.60 1861 TRACY CRT. 31778 H. JASON ELLIOTT 116.70 2115 MONACO WAY 32310 RODNEY WILLIAMS 106.90 1908 MONACO WAY 32340 THOMAS PEDERSON 115.45 1947 SANDALWOOD DR. 32422 LUKE S. JOHNSON 152.00 1743 SANDLEWOOD DR. 32536 ALLYN HILTON 39.30 1687 BEARDEN CRT. 32566 BERNARD LANDRY 56.50 2261 N. CINDER RD. 35358 TERRENCE S. MUSIC 71.60 1467 DARRAH DR. 37220 SHAYNE UPSHAW 135.00 1310 DARRAH DR. 37248 KELLY KING 85.40 1433 CLAIRE STREET 37256 RODNEY PORTER 69.90 1322 CLAIRE STREET 38107 EDMUND A. KING 33.75 1465 STOREY ST. 38302 DAVID W. CHRISTENSEN 76.50 1319 NEWPORT DR. 38400 MICHAEL COSH 106.40 1522 KINGSWOOD AVE. 38470 ALBERT W. BERNER 93.30 2124 NW 12TH 38484 GEORGE D, WEBSTER 75.70 2219 NW 12TH ST. 38490 GERALD R. BARNOWSKI 103.90 1312 TANA DR. 38516 VICKEE K. CARSON-POOLE 101.20 1328 W. CHATEAU AVE. 38518 M. FRANK JAKOMEIT 54.40 1338 W. CHATEAU AVE. 38536 J.R. KILLIAN 97.80 2218 N. CINDER RD. 38574 HARRY DAVIS 66.50 2217 NW 14TH ST. 38616 DOROTHY L. HARBOUR 115.00 940 W. CHATEAU DR. 38618 DAVID BASTIAN 102.30 960 W. CHATEAU DR. 38632 BRET J. SALLEE 36.60 1086 W. CHATEAU DR. 38746 CHARLES A. BATES 82.80 2182 NW 11TH AVE. 38766 JUDITH CRYER 65.00 811 DELMAR DR. 38836 MARY H. ULIN 81.80 1111 FAIRWOOD CT. 39330 STEPHEN L. JOHNSON 69.50 2026 NW 10TH ST. 39882 { 40098 40100 40148 47822 { 48548 48556 i 48734 ? 48810 i 48840 i 48990 53802 53994 I 56444 56836 56842 {~ 58698 I I' 59470 f ~1 MERIDIAN CHERRY LANE 3043.25 314 W. CHERRY LN. CIRCLE K. CORP. 301.15 522 W. CHERRY LN. JUDITH LOLLEY .69.90 1720 CRESTMONT DR. GAVIN TAYLOR 84.40 501 LONGFORD LEO THOMETZ 110.80 1686 JERICHO RICHARD L. BACKUS 87.55 2061 JERICHO WAY ERMINE DAVIS 139.40 1014 CLAYBOURNE DR. STEPHEN BUFFATT 64.10 2092 NE 10TH AVE. FORREST MOORS 89.00 821 E. WILLOWBROOK DR. MICHAEL LACROIX 53.35 1028 CLARENE ST. WILLIAM G. MILLER 155.50 1855 TEARS AVE. TERRY WOODWARD 57.40 1535 E. 1ST ST. BILLY STROTHER 39.50 1029 MERIDIAN ST. MURRI'S ELECTRONICS 111.30 131 E. IDAHO JEFFEREY A. SCOTT 84.80 319 E. PINE AVE. ORVILLE COLE 54.70 337 E. PINE ROBERT HENRY 63.10 515 STATE STREET MIKE CLAUNCH 76.00 338 E. STATE #2 . ., ~ 59472 59488 59510 59518 60354 61788 92134 92144 92788 92870 93464 93467 93793 94172 94790 95166 96910 96920 TOTAL 107 MIKE CLAUNCH 338 E. STATE #1 JAMES HOWELL 234-236 E. STATE CIRCLE K. CORP. 66 E. STATE JOHN BOBBINS 32 E. STATE AVE. DANNY W. FISHER 116 E. ADA PAUL W. MCKAGUE 110 E. WILLIAMS AVE. RAY COLLINS 343 SW 7TH AVE. STEVE H. LANE 469 SW 7TH KENDALL B. KELLY 604 PENNWOOD ST. J. SCOTT GUTHRIE 733 BARRETT ST. HENKELS & MCCOY 601 W. FRANKLIN HENKLES & MCCOY 613 W. FRANKLIN PATRICK KNIGHTON 22 ROSE CIRCLE DALLAS EVANS 613 S. MERIDIAN RAYMOND L. MITCHELL 1435 W. KIMRA STREET KENNETH BARB 1421 W. CRESTWOOD DR. THOMAS H. BRANDY 411 S. MERIDIAN ST. SHELLIE A. ALLEN 403 MERIDIAN ST. 44.60 101.90 216.25 42.65 48.90 53.20 58.50 93.00 77.50 60.20 73.90 31.25 40.30 26.15 103.80 133.50 66.50 44.60 TOTAL AMOUNT $12,003.15